2012

CRIMINAL
Criminal Law 1 Criminal Law 2
Dean Danilo L. Concepcion Dean, UP College of Law Prof. Concepcion L. Jardeleza Associate Dean, UP College of Law Prof. Ma. Gisella D. Reyes Secretary, UP College of Law Prof. Florin T. Hilbay Faculty Adviser, UP Law Bar Operations Commission 2012 Ramon Carlo F. Marcaida Commissioner Eleanor Balaquiao Mark Xavier Oyales Academics Committee Heads Camille Umali Charmaine Sto. Domingo Criminal Law Subject Heads Graciello Timothy Reyes Layout

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2012

CRIMINAL
BAR OPERATIONS COMMISSION 2012 EXECUTIVE COMMITTEE Ramon Carlo Marcaida |Commissioner Raymond Velasco • Mara Kriska Chen |Deputy Commissioners Barbie Kaye Perez |Secretary Carmen Cecilia Veneracion |Treasurer Hazel Angeline Abenoja|Auditor

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COMMITTEE HEADS Eleanor Balaquiao • Mark Xavier Oyales | Acads Monique Morales • Katleya Kate Belderol • Kathleen Mae Tuason (D) • Rachel Miranda (D) |Special Lectures Patricia Madarang • Marinella Felizmenio |Secretariat Victoria Caranay |Publicity and Promotions Loraine Saguinsin • Ma. Luz Baldueza |Marketing Benjamin Joseph Geronimo • Jose Lacas |Logistics Angelo Bernard Ngo • Annalee Toda|HR Anne Janelle Yu • Alyssa Carmelli Castillo |Merchandise Graciello Timothy Reyes |Layout Charmaine Sto. Domingo • Katrina Maniquis |Mock Bar Krizel Malabanan • Karren de Chavez |Bar Candidates’ Welfare Karina Kirstie Paola Ayco • Ma. Ara Garcia |Events OPERATIONS HEADS Charles Icasiano • Katrina Rivera |Hotel Operations Marijo Alcala • Marian Salanguit |Day-Operations Jauhari Azis |Night-Operations Vivienne Villanueva • Charlaine Latorre |Food Kris Francisco Rimban • Elvin Salindo |Transpo Paula Plaza |Linkages

CRIMINAL LAW TEAM 2012 Faculty Editor | Prof. Jay Batongbacal Subject Heads | Camille Umali • Charmaine Sto. Domingo

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LAYOUT TEAM 2012 Layout Artists | Alyanna Apacible • Noel Luciano • RM Meneses • Jenin Velasquez • Mara Villegas • Naomi Quimpo • Leslie Octaviano • Yas Refran • Cris Bernardino Layout Head| Graciello Timothy Reyes

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2012 UP Law Bar Reviewer

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Copyright and all other relevant rights over this material are owned jointly by the University of the Philippines College of Law and the Student Editorial Team. The ownership of the work belongs to the University of the Philippines College of Law. No part of this book shall be reproduced or distributed without the consent of the University of the Philippines College of Law. All Rights reserved.

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Criminal Law 1
CHAPTER I. FUNDAMENTAL PRINCIPLES OF CRIMINAL LAW .......................... 14 A. Definition of Criminal Law ........ 14 1. Difference between Mala in Se and Mala Prohibita .......................... 14 B. Scope of Application and Characteristics of the Philippine Criminal Law 16 0. Generality ........................ 16 1. Territoriality ..................... 17 2. Prospectivity ..................... 19 3. Legality (nullum crimen nulla poena sine lege) ....................... 20 4. Strict Construction of Penal Laws Against State: The ―Doctrine of Pro Reo‖ ..................................... 20 C. Constitutional limitations on the power of Congress to enact penal laws in the Bill of Rights .......................... 20 1. Equal protection ................. 20 2. Due process ....................... 20 3. Non-imposition of cruel and unusual punishment or excessive fines 20 4. Bill of attainder .................. 20 5. Ex post facto law ................ 20 CHAPTER II. FELONIES ..................... 22 A. Preliminary matters ................ 22 1. Differentiating Felonies, Offense, Misdemeanor and Crime .............. 22 1. Felonies: How Committed ......... 22 2. How is Criminal Liability Incurred? ................................ 22 3. Discussion of Article 5........... 23 4. Wrongful Act Different from that Intended ................................ 23 5. Omission .......................... 25 B. Classifications of Felonies ......... 25 1. According to the Manner of Their Commission ............................. 26 2. According to the Stages of Their Execution ............................... 26 3. According to Their Gravity ..... 26 4. As to Count ....................... 27 5. As to Nature ...................... 27 C. Elements of Criminal Liability .... 27 1. Elements of Felonies ............ 27 Intentional Felonies ................... 27 D. Impossible Crimes .................. 31

E. F. G.

Stages of Execution ................. 32 Conspiracy and Proposal ........... 36 Multiple Offenders .................. 39 1. Recidivism......................... 40 2. Habituality (Reiteracion) ....... 40 3. Quasi-Recidivism ................. 40 4. Habitual Delinquency ............ 40 H. Complex Crimes and Special Complex Crimes ........................... 40 1. Complex Crimes .................. 41 2. Special Complex/Composite crimes ................................... 42 3. Continued and Continuing Crimes (Delito Continuado) ................... 42 CHAPTER III. CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY .............. 44 A. Justifying Circumstances .......... 44 1. Self Defense ...................... 44 2. Defense of Relatives ............. 46 3. Defense of Strangers ............ 46 4. Avoidance of a Greater Evil .... 46 5. Fulfillment of Duty or Lawful Exercise of Right or office ............ 47 6. Obedience to an order issued for some lawful purpose .................. 47 1. 2. 3. 4. 5. 6. C. Exempting Circumstances ......... 48 Insanity and Imbecility .......... 49 Minority............................ 49 Accident ........................... 50 Irresistible Force ................. 50 Uncontrollable Fear ............. 51 Insuperable or Lawful Causes .. 51

B.

Mitigating Circumstances .......... 51 1. Incomplete Justification and Exemption .............................. 52 2. Under 18 Or Over 70 Years Of Age 53 3. No Intention to Commit So Grave A Wrong (Praeter Intentionem) ...... 53 4. Sufficient Provocation or Threat 54 5. Immediate Vindication of A Grave Offense .................................. 54 6. Passion or obfuscation (Arrebato y Obsecacion) .......................... 55 7. Voluntary Surrender ............. 56 8. Plea Of Guilt ...................... 57 9. Plea to a Lesser Offense ........ 57 10. Physical Defects ............... 57 11. Illness ........................... 57

CRIMINAL
12. Analogous Mitigating Circumstances.......................... 58 D. 1. 1. Aggravating Circumstances ........ 58 Generic ............................ 59 Taking Advantage of Public Office 59 2. In Contempt of or With Insult to Public Authorities ............... 59 3. With Insult or Lack of Regard Due to Offended Party by Reason of Rank, Age or Sex .................... 60 4. Abuse of Confidence and Obvious Ungratefulness ............ 61 5. Crime in Palace or in Presence of the Chief Executive ............. 62 6. Nighttime (Nocturnidad); Uninhabited Place (Despoblado); With a Band (Cuadrilla)............ 62 7. On Occasion of a Calamity .. 63 8. Aid of Armed Men or Means to Ensure Impunity (Auxilio de Gente Armada) .............................. 63 9. Recidivism (Reincidencia) ... 64 10. Reiteracion/Habituality ... 65 11. Prize, Reward or Promise . 66 12. lInundation, Fire, Poison.. 66 13. Evident Premeditation (Premeditacion Conocida) ......... 66 14. Craft (Astucia), Fraud (Fraude) or Disguise (Disfraz)..... 67 15. Superior Strength or Means to Weaken Defense ................. 68 16. Treachery (Alevosia) ...... 69 17. Ignominy .................... 70 18. Unlawful Entry ............. 71 19. Breaking Wall, Floor, Roof 71 20. With Aid of Persons Under 15; By Motor Vehicle ............... 71 21. Cruelty ...................... 71 Alternative Circumstances ........ 75 Relationship ...................... 75 Intoxication ....................... 76 Degree of Instruction/ Education 76 Absolutory Causes .................. 76 Instigation ........................ 76 2. Pardon ............................. 77 3. Other Absolutory Causes ........ 77 4. Acts Not Covered By Law And In Case Of Excessive Punishment ....... 77 CHAPTER IV.PERSONS CRIMINALLY LIABLE/DEGREE OF PARTICIPATION ..... 78 A. PrincipalsError! Bookmark not defined. 1. By Direct Participation .......... 78 2. By Inducement ................... 79 3. By Indispensable Cooperation .. 79 B. Accomplices ......................... 79 C. Accessories........................... 80 CHAPTER V. PENALTIES .................... 83 A. 1. 2. 3. B. 1. 2. General Principles .................. 83 Purposes ........................... 84 Classification ..................... 84 Duration and Effect .............. 84 Penalties which may be imposed . 84 Scale of Principal Penalties .... 84 Scale of Accessory Penalties ... 85

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E. 1. 2. 3. F. 1.

C. Specific Principal And Accessory Penalties ................................... 86 1. Afflictive penalties .............. 86 1. Reclusion Perpetua .............. 86 2. Reclusion Temporal ........... 87 3. Prision mayor .................. 87 1. Correctional penalties........... 87 1. Prision Correccional ............. 87 2. Arresto Mayor .................. 87 3. Light penalties ................... 89 1. Arresto Menor .................... 89 2. Public Censure................. 89 4. Penalties common to afflictive, correctional, and light penalties .... 89 1. Fine ................................ 89 2. Bond to Keep the Peace ........ 89 D. Accessory penalties ................. 90 1. Perpetual or Temporary Absolute Disqualification ........................ 90 2. Perpetual or Temporary Special Disqualification ............ 91

.. 90) .................... Measures not considered penalty 92 Application .......... Article 134 Rebellion /Insurrection ...... 91 4.......160 7........157 B.. 156 .............. 107 1. Indemnification or Confiscation of Instruments or Proceeds of the Offense .............................157 5..157 6....Delay in the Delivery of Detained Persons to the Proper Judicial Authorities ..Piracy in General and Mutiny on the High Seas or in Philippine Waters .... Probation Law (P....Penalty for Rebellion....D. F... 155 A.....Correspondence with Hostile Country ..163 3. 115 D.....Qualified Piracy....... Coup d‘etat......... CHAPTER VI......... 162 A.......... Crimes against Public Order ..... Article 115 .157 2..........162 2..... and Abuse in the Service of Those Legally Obtained .. Article 114 – Treason .................... 968..... Article 132 ....... Article 126 ..158 6 G......... Article 116 ........157 3.......161 9............ Article 121 ..........162 Title III........ 104 2.....Flight to Enemy's Country ......CRIMINAL LAW REVIEWER 3.....Search Warrants Maliciously Obtained. Complex Crimes ...... Crimes against National Security and the Law of Nations ..........Coup d‘ État ...................... Where the Offender Is Below 18 Years ......... Article 128 ..159 3. Article 131 Prohibition..... Prescription of penalties (Art..... Article 135 ..... Article 119 ... Crimes against the Law of Nations 157 1..161 10.................... Article 118 ...... the Right to Practice a Profession or Calling ...... 106 Execution and Service .. Payment of Costs .......Misprision of Treason ........................Violation of Domicile 160 6......... Article 130 ... 158 1.... Indeterminate Sentence Law (R.........Violation of Neutrality . MODIFICATION AND EXTINCTION OF CRIMINAL LIABILITY ... 96 3. Subsidiary imprisonment. Prescription of crimes (Art. Title II............. Article 133 .162 1........ Insurrection or Coup d‘ État 163 H... 93 1..... the Right to Vote and Be Voted for...Arbitrary Detention 158 2... 4013......A.. Crimes against Security ......... 113 B.........157 4.............. Amnesty ..... Pardon by the Chief Executive..................Inciting to War or Giving Motives for Reprisals .. Article 117 – Espionage .. as amended) .. 97 Special rules for certain situations 104 1. 92) 114 C.160 5............. Sedition and Disloyalty .....Interruption of Religious Worship ................... 91 5... The Three-fold rule .. Civil Interdiction . Pardon by the offended party ...... Article 123 ...156 4......... 91 Perpetual or Temporary Special Disqualification ......... as amended) .. 108 3......... Chapter I – Rebellion.. Suspension from Public Office.. 105 3... Article 127 – Expulsion ........................ 155 1........... 155 2.161 8...... 91 6. 115 Criminal Law 2 Title I....Conspiracy and Proposal to Commit Treason . 92 E...... 94 2.. Article 125 .. Article 129 .. Crimes Different from That Intended .. Article 120 ..........Offending the Religious Feelings .... 113 A........Delaying Release 159 4........................ Article 134-A .....Searching Domicile without Witnesses ................. Article 124 .. Crimes against Fundamental Laws of the State .. Interruption and Dissolution of Peaceful Meetings ............. 115 E........ Article 122 ...

.............172 3. Chapter III – Illegal Assemblies and Associations ......170 1....Sedition... 164 6.......... Earthquakes..Direct Assault ...... Article 150 .........169 3......171 1..... Article 145 ............ Article 137 ............................... Article 146 ............ 167 1....Disobedience to Summons Issued by Congress......169 2....Resistance and Disobedience to a Person in Authority or the Agents of Such Persons ....Persons Liable for Sedition ... Article 159 ................ 165 B. Article 140 .......... Conflagrations... or Other Calamities ... Article 156 ..............Violation of Parliamentary Immunity .... Chapter II .......Disturbance of Proceedings.. Article 136 ...... Forging the Signature or Stamp of the Chief Executive.....169 1.. Article 163 .CRIMINAL 4...........Other Cases of Evasion of Service of Sentence ..... Article 149 ... Article 147 .171 G...... Article 164 .. 164 8... Article 143 ...........Persons in Authority and Agents of Persons in Authority 168 3............ 164 7............... Title IV............. Article 152 ....170 2.Selling of False or Mutilated Coin......Evasion of Service of Sentence . by the Constitutional Commissions.Evasion of Service of Sentence on the Occasion of Disorders.. Article 162 ........Making and Importing and Uttering False Coins 172 4..................Using Forged Signature or Counterfeit Seal or Stamp .... Chapter VII ......Illegal Assemblies 166 2......Counterfeiting the Great Seal of the Government of the Philippine Islands........... Article 151 . Rebellion or Insurrection ............Conspiracy and Proposal to Commit Coup d‘ État.. 168 5...Commission of Another Crime during Service of Penalty Imposed for Another Previous Offense ............ Article 154 ... Article 141 .172 2..... Without Connivance 173 ........Delivering Persons from Jail .......... 165 9........172 1... Article 142 – Inciting to Sedition . Article 155 ....Crimes against Popular Representation .......... Persons in Authority and Their Agents ...........170 LAW F... Chapter V ....... Article 160 .......Disloyalty of Public Officers or Employees.. Acts of Counterfeitin .................. Article 153 . Its Committees.. Article 148 ..... 168 E... 166 1.Mutilation of Coins ................... 166 3. Article 144 . 164 5..............Public Disorders ....Unlawful Use of Means of Publication and Unlawful Utterances ...Tumults and Other Disturbances of Public Order ... 166 1..... Subcommittees or Divisions ... Article 165 .. Article 161 .Illegal Associations 167 D....... Article 139 ...........Conspiracy to Commit Sedition ...Inciting to Rebellion or Insurrection ..... Its Committees or Subcommittees... Article 157 ....... Chapter VI . Article 138 ... 166 C............Acts Tending to Prevent the Meeting of the Congress of the Philippines and Similar Bodies 166 2.Assault upon and Resistance and Disobedience to.................. 165 10... 168 4...171 3... Article 158 ............. 167 2.....Quasi Recidivism 171 H.......171 1...Indirect Assault . Chapter IV ..Alarms and Scandals 169 4...173 5.. Crimes against Public Interest .Evasion of Service of Sentence ..

.......... Article 195 .................. 174 1.... Article 198 ... or other Precious Metals or their Alloys ......... 179 2......181 10......... Silver..Importation. Crimes against Public Morals 184 CHAPTER I: Gambling and Betting ......CRIMINAL LAW REVIEWER 6.What Acts Are Punishable in Gambling ......Forging Treasury or Bank Notes or Other Documents Payable to Bearer..... ............ Telegraph and Telephone Messages... Article 187 – Importation and Disposition of Falsely Marked Articles or Merchandise Made of Gold... Article 178 ................... OTHER FALSITIES . Article 174 ..... Article 179 .....How Forgery is Committed.. .Usurpation of Authority or Official Functions ............. False Certificates of Merits or Service..... Chapter I .......................Machinations in Public Auctions . Article 166 .. Crimes Relative to Opium and Other Prohibited Drugs .... Article 171 ....Vagrancy and Prostitution ..... Article 185 .....False Testimony in Civil Cases ..............186 1.. and Uttering Instruments Not Payable to Bearer ....................Using Fictitious and Concealing True Name ....... Article 170 . Importing and Uttering Such False or Forged Notes and Documents .....185 3... Acts of Falsification ............. Article 186 – Monopolies and Combinations in Restraint of Trade 181 11..........Manufacturing and Possession of Instruments or Implements for Falsification .180 8...........False Testimony Against a Defendant ......Immoral Doctrines.. Obscene Publications and Exhibitions and Indecent Shows ...185 4...... Article 167 ......Grave Scandal . Article 182 ...........182 C.181 9........... Offenses against Decency and Good Customs ..............182 B. Article 197 – Betting in Sports contents .. Crimes Committed by Public Officers .... 174 1... Chapter II.False Medical Certificates...Offering False Testimony in Evidence .............183 Title VI.... 180 7.. Definition of Important Terms .185 5........ Article 169 .....186 0........ 178 7... Article 177 .. Article 200 .... 177 4... 178 6..Illegal Betting on Horse Race ........ 179 4.....186 3. 188 ..Using False Certificates .182 Title V........ Sale and Possession of Lottery Tickets or Advertisements............ 173 7....... Importing. 178 5. Article 201 .... 182 A.. Article 168 ........ 179 4..... 175 3... Article 202 . etc......184 A.. Employee or Notary or Ecclesiastical Minister .... Article 176 ...183 D... 179 3..Falsification by Public Officer.........Illegal Use of Uniforms and Insignia .. Acts Punished: .... Article 173 ............ 174 3... Article 172 ............. Article 199 (as amended by PD 449) 186 8 B.. Article 196 ..................186 2................. Penalties for Unlawful Acts: ........184 2..................................Illegal Possession and Use of False Treasury or Bank Notes and Other Instruments of Credit 174 2........ 174 2. Acts of Forgery .......Gambling and Betting 184 1...... Article 180 .Falsification of Legislative Documents ..187 Title VII......Counterfeiting.... 180 5..False Testimony in Other Cases and Perjury in Solemn Affirmation . 179 1...... Article 184 .....Falsification by Private Individual and Use of Falsified Documents .... 174 2....... Article 175 ...... Article 181 .. Cable....... and Use of Said Falsified Messages ... 180 6....False Testimony Favorable to the Defendant .......... Other Important Points ....Falsification of Wireless. Article 183 .

. Article 219 ......196 E..... Article 207 ............ Article 218 Failure of Accountable Officer to Render Accounts .......................... Article 224 ... Article 210 . Chapter III: Frauds and Illegal Exactions and Transactions .................... Article 217 .......198 1........197 8..................196 2.................Anticipation of Duties of a Public Officer ..... Article 209 – Betrayal of Trust by an Attorney or a Solicitor – Revelation of Secrets .......196 3... 190 7....Conniving With or Consenting to Evasion ...Indirect Bribery .. Article 221 ..... Chapter II: Malfeasance and Misfeasance in Office ...... Article 234 .................Revelation of Secrets by an Officer .......... Article 220 ..........Maltreatment of Prisoners ........ Article 232 .........Qualified Bribery 192 10......Knowingly Rendering Unjust Judgment ...Malicious Delay in the Administration of Justice .. 189 2. 189 1......... Article 230 .. Article 211 ........ Negligence and Tolerance 190 6..........199 6.. Chapter IV: Malversation of Public Funds or Property . Article 229 ...Malversation of Public Funds or Property Presumption of Malversation . 190 5.Direct Bribery....... Article 214 ..Fraud against the Public Treasury and Similar Offenses 192 2....Officers Included in the Preceding Provisions ...... Chapter V: Infidelity of Public Officers ...............Open Disobedience 198 2.............................. Article 204 .. 194 1... Article 237 Prolonging Performance of Duties and Powers ...... Article 205 .....197 7................. Article 216 ......Other Frauds ....... 194 2............198 5...Prosecution of Offenses....................Officer Breaking Seal 197 6.........Illegal Use of Public Funds or Property .................. or Destruction of Documents . 192 1... Article 222 ....Judgment Rendered Through Negligence .Corruption of Public Officials ........... 191 9...Refusal to Discharge Elective Office .... Article 226 Removal.Refusal of Assistance 198 4......... Article 223 . 192 C...196 4.... Article 215 Prohibited Transactions .....195 5..198 3..............199 7.199 LAW ............ 193 4. 189 3.... Concealment.. Article 228 .. 195 3. Article 206 .198 F....... Article 233 . Article 208 ...... Article 231 .Unjust Interlocutory Order ........Failure of a Responsible Public Officer to Render Accounts Before Leaving the Country 195 4.Evasion through Negligence ..Public Officers Revealing Secrets of Private Individuals ........................Disobedience to the Order of Superior Officer When Said Order Was Suspended by Inferior Officer .......... Article 236 ......Failure to Make Delivery of Public Funds or Property 196 6... Article 212 ..... 193 3........ Article 235 ........ Chapter I: Preliminary Provisions 189 B......... Article 227 ...196 1... 190 4....Opening of Closed Documents ............CRIMINAL A.....Possession of Prohibited Interest by a Public Officer 194 D............ 191 8.. Chapter VI: Other Offenses or Irregularities by Public Officers .......... Article 225 .......... Article 211-A ..... Article 213 ...Escape of Prisoner under the Custody of a Person Not a Public Officer.197 5.

.... Article 247 ..Intentional Abortion .........Parricide ...................... Article 248 ...................Exploitation of Child Labor ...216 5............ Article 273 ..................... Article 266 ...Qualified Trespass to Dwelling ... 206 14.... 199 9.Less Serious Physical Injuries .... Article 274 .........218 7.219 B. 205 12. Article 275 ............... Article 239 .. Article 278 ...... Article 253 .........208 6... 205 13............Slight Illegal Detention ....Abandonment of Office or Position .... Article 269 ..215 6....... Article 252 ..207 1..216 4.. 200 12........... Article 282 .Inducing a Minor to Abandon His Home ....CRIMINAL LAW REVIEWER 8.....Usurpation of Executive Functions ..218 9. Article 240 .. Article 250 .............................Administering Injurious Substances or Beverages .......... 201 A..218 8... Article 277 .....................Penalty for Frustrated Parricide.............Disobeying Request for Disqualification .... 200 15.........Serious Physical Injuries ... 199 10........... 204 7......................Abortion by a Physician or Midwife and Dispensing of Abortives .Discharge of Firearms .212 2.......................Death Caused in Tumultuous Affray ..Grave Threats.......216 2................Unintentional Abortion .......Physical Injuries Caused in Tumultuous Affray ..............Slavery ...Abuses against Chastity ............ 200 14. 212 A..... Article 267 ......Homicide ... Article 266-A ..... ...............Services Rendered Under Compulsion in Payment of Debt 215 Chapter II: Crimes against Security 216 1..........208 10 Title IX........ 200 13....... Article 256 ......... Article 242 ..214 3... Chapter II: Physical Injuries ........... Article 255 ....Orders or Request by Executive Officer to Any Judicial Authority ......... Article 244 Unlawful Appointments ...................... Article 261 ... 205 11................. 203 5........ Article 268 .............. 201 1.Kidnapping and Failure to Return a Minor ... Article 271 .207 2.Infanticide .. Article 264 .......... Murder or Homicide . Article 283 ..Mutilation ..... Article 276 .. Article 263 ... Article 251 ..Slight Physical Injuries and Maltreatment .. Article 260 ................ Crimes against Persons .............Abandonment of Persons in Danger and Abandonment of Own Victim .... 200 11..... 206 16... Article 262 ............ Indifference of Parents ..Unlawful Arrest ......... Article 245 ... Article 258 Abortion Practiced by the Woman Herself or by Parents . Article 281 ..... 200 Title VIII. 202 3..........Exploitation of Minors .......... Article 257 ..................Rape (amended by RA 8353)..... Article 246 ..Murder ... Article 254 .............Light Threats .... 204 8.... 204 6........ 206 15............... Chapter I: Crimes against Liberty 212 1......Abandoning a Minor 216 3...Challenging to a Duel 206 B.207 4..........Usurpation of Judicial Functions .....208 5.... Article 280 .Other Forms of Trespass ...... 202 4............Responsibility of Participants in a Duel ..Bond for Good Behavior ......................... 204 10.. Article 265 ..............207 3.Abandonment of Minor by Person Entrusted With Custody............... Article 270 ........ Crimes against Personal Liberty and Security ....Usurpation of Legislative Powers .. 201 2...... Article 272 .............Death or Physical Injuries Under Exceptional Circumstances............. Article 238 .. Article 243 .. Article 249 .217 6................................. Chapter I: Destruction of Life..............215 8....215 7......... Article 259 ......... 204 9. Article 241 .214 4............... Article 284 .214 5.....Kidnapping and Serious Illegal Detention ....Giving Assistance to Suicide ............

............ Article 318 .. Estafa by Means of False Pretenses or Fraudulent Acts (315 par..Robbery of Cereals...230 LAW D.... Article 297 ........Aiding and Abetting a Band of Brigands .... Article 312 ..230 Chapter 4: Usurpation . 221 3..Who Are Liable for Theft ..Penalties.......Defines False Keys 226 B... Article 308 .....235 2......... With Unfaithfulness or Abuse of Confidence (315 par.230 1....Who Are Brigands226 2. Article 288 . 220 14........................ Article 303 .....Theft of the Property of the National Library and National Museum ...Revelation of Industrial Secrets ...... Article 315 ...................... 222 A. and Prohibition of Combination of Capital or Labor through Violence or Threats ........ Article 314 Fraudulent Insolvency .... Article 302 ... Maintenance....... Article 307 ....... Article 299 ...... Chapter III: Discovery and Revelation of Secrets ... Fruits or Firewood in an Inhabited Place or Private Building 226 11.........Other Similar Coercions .. 224 8..Qualified Theft ..... Article 306 ... Article 287 .. Article 293 . 223 4... Article 305 ....... 226 10.237 ... 220 1.........Other Forms of Swindling and Deceits ..................... Article 295 .........227 1..With Violence or Intimidation of Persons .............Other Deceits ......... Article 310 . Article 304 .......228 3...230 1.. Crimes against Property .Revealing Secrets with Abuse of Office .. Article 289 ..... 1(a) (b) (c)) ....Robbery in an Inhabited House or Public Building or Edifice Devoted to Worship ....228 4. 221 Title X............. Chapter I: Robbery in General .Robbery with Physical Injuries........... 222 2.226 12. F.......237 G..Grave Coercions 219 12............... 224 7.................... Article 317 ...................227 2.........Formation.Altering Boundaries or Landmarks ...............231 b.................. Chapter 3: Theft ........ in an Uninhabited Place and by a Band ........ Article 290 .......... Through Other Fraudulent Means (315 Par 3 (a) (b) (c)) .....Estafa . Article 316 ... Chapter 7: Chattel Mortgage . Article 313 ................230 Chapter 5: Culpable Insolvency ..CRIMINAL 10....Possession of Picklock or Similar Tools ..... Article 292 ....230 2... Article 285 – Other Light Threats ..... 2(a) (b) (c) (d) (e).. 219 11.227 C..Light Coercions 219 13.Execution of Deeds through Violence or Intimidation .............. Article 296 .... Chapter 2: Brigandage (Articles 306307) 226 1..... Article 311 .......... Article 291 ...Attempted and Frustrated Robbery with Homicide 224 6.230 1.. BP22): ....Definition of a Band and Penalty Incurred by the Members Thereof.Who Are Guilty of Robbery .In an Uninhabited Place or Private Building ...........Swindling of a Minor 237 4... Chapter 6: Swindling and Other Deceits .... Article 309 .. 220 C.... 222 1.230 a..... Article 286 ..Discovering Secrets through Seizure of Correspondence 220 2......233 c....Occupation of Real Property or Usurpation of Real Rights in Property .....236 3....... E..... 224 5.................. Article 300 – Robbery in an Uninhabited Place and by a Band ........ Article 298 ................... 226 9. 223 3.. Article 294 ..........

. J.......Exemption from Criminal Liability in Crimes Against Property.254 4....251 3. Crimes against Chastity . Article 364 ......... Article 350 .Special Cases of Malicious Mischief ......... 243 4......... 242 2.... Article 362 ... Article 327 ......... Article 330 .........Marriage Contracted against Provisions of Laws .... Article 339 Acts of Lasciviousness with the Consent of the Offended Party..... 250 1..... Article 356 .. 242 3.. Article 355 ......... Article 342 Forcible Abduction .Slander..... Article 343 Consented Abduction ..Imprudence and Negligence ...... 238 I.........................Incriminating innocent person ...... Article 365 ... Article 335 – Rape ............. 249 12 B.Adultery ......... 239 14..........255 8.. Crimes against the Civil Status of Persons ......... Article 334 .Threatening to Publish and Offer to Prevent Such Publication for a Compensation .......... Article 344 ......... Article 351 .......Concubinage .Premature Marriage 251 4....................................... Article 363 ................Intriguing against Honor ...... Chapter 10: Exemption from Criminal Liability . Article 338 . 239 1............ 246 11........Bigamy ..........Proof of Truth ...... Article 352 ... guardians............ Article 361 ....255 9..... Article 328 .... 239 3...Requirement for Publicity ........ Article 319 .........253 Article 353 ........ 245 8......................251 2.... Article 357 Prohibited Publication of Acts Referred to in the Course of Official Proceedings (Gag Law) 255 6.... Sale.......White Slave Trade 246 10..256 10........ 243 5......... or Pledge of Mortgaged Property ...255 7.. Article 345: Civil Liability ....Libelous Remarks 256 1....... 239 Title XI... Quasi-Offenses ..... Crimes against Honor .... Article 341 .. 253 A...Persons Responsible for Libel . Article 346 – Liability of ascendants. Article 358 .... Article 354 .....Removal.. 239 1. Article 359 .Definition of Libel 253 2.... Article 329 .....Corruption of Minors 246 9... Article 333 ....259 .........256 2............ 248 13.. Article 360 ..... 239 4.....Prosecution of Private Offenses ... Article 332 ...... Article 331 – Destroying or Damaging Statues... Article 337 .......Qualified Seduction 244 6.........Slander by Deed ... 247 12.254 5.....Other Mischiefs .............. Chapter 9: Malicious Mischief ..............Simple Seduction 245 7. 237 H.............. 259 1........Who Are Responsible 239 2.....251 Title XIII.....................Libel by Writing or Similar Means ....... Chapter 8: Arson and Other Crimes Involving Destruction.... teachers and other persons entrusted with the custody of the offended party .... Article 349 ................249 Title XII.256 1.......CRIMINAL LAW REVIEWER 1.254 3.........Performance of Illegal Marriage Ceremony .. 242 1.... Public Monuments or Paintings .............. Chapter II: Incriminatory Machinations........... Article 340 .256 Title XIV...... Chapter I: Libel .......Damage and Obstruction to Means of Communication ....... 239 5............. Article 336 Acts of Lasciviousness ....

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the act alone irrespective of its motives.  Good faith and absence of criminal intent are not valid defenses in crimes mala prohibita. Estrada v. SCOPE OF APPLICATION AND CHARACTERISTICS C. constitutes the offense. FUNDAMENTAL PRINCIPLES OF CRIMINAL LAW A. The . II. DEFINITION OF CRIMINAL LAW B. Held: Plunder is a malum in se which requires proof of criminal intent. the RPC.Criminal Law 1 Criminal Law 1 Criminal Law 2 of crime I. Penalty on offenders is same whether they acted as mere accomplices or accessories Generally. Book 1 (Articles 1-99. One of the issues he raised is whether plunder is a malum prohibitum or malum in se. AND EXECUTIVE ORDERS A. BUT still requires intelligence & voluntariness As to degree of accomplishment Degree of accomplish 0. While intentional felonies are always mala in se. III. the same is malum in se. As to mitigating and aggravating circumstances As to degree of participation REVISED PENAL CODE/SPECIAL LAWS. PRESIDENTIAL DECREES. treats of their nature. CRIMINAL LAW Fundamental Principles of Criminal Law Felonies Circumstances which affect criminal liability Persons criminally liable/Degree of participation Penalties Modification and extinction of criminal ment is taken into account for the punishment. excluding provisions on civil liability). special laws. i. Even if the crime is punished under a special law. Mala Prohibita Wrong because it is prohibited by law GF is not a defense. if the act punished is one which is inherently wrong. Sandiganbayan (2001): Estrada is challenging the plunder law. 1. therefore. VI. and. and provides for their punishment. As to stage of accomplishment CHAPTER I. GF a valid defense. Precisely because the crimes constituting plunder are mala in se the element of mens rea must be proven in a prosecution for plunder. Penalty is computed on the basis of whether he is a principal offender or merely an accomplice or accessory Generally. V. They are not taken into account. Degree of participation is generally not taken into account. unless the crime is the result of culpa Criminal intent is an element. it does not follow that prohibited acts done in violation of special laws are always mala prohibita. As to WON criminal intent is an element Criminal intent is immaterial. All who participated in the act are punished to the same extent. Definition of Criminal Law Criminal law is that branch of public substantive law which defines crimes. ii.  In those crimes which are mala prohibita. Difference between Mala in Se and Mala Prohibita (ASKED TWICE IN BAR EXAMS) As to nature As to use of good faith as defense Mala in Se Wrong from its very nature. act gives rise to a crime only when consu mmat ed. the degree of participation of each in the commission is taken into account. RPC. including related Special Laws They are taken into account in imposing penalty When there is more than one offender. CONSTITUTIONAL LIMITATIONS As to what laws are violated A. Note:  Dolo is not required in crimes mala prohibita. IV.

Special penal laws and penal Presidential Decrees issued during Martial Law. the protection of life. Valdez) Statutory. CRIMINAL PROCEDURE Criminal Law Criminal Procedure It is substantive. Schools of Thought (ASKED ONCE IN BAR EXAMS) (PUCE) Exceptions: (1) Where the special law provides otherwise (Art. good faith is a defense. supplement the 15 Exception To The Exception: 1. (3) Positivist Theory Primary purpose: Reformation. (Art. Prospective application. unless it is intentional or habitual. Rules of Court) STATE AUTHORITY TO PUNISH CRIME (ASKED ONCE IN BAR EXAMS) Art. Basis of criminal liability: Human free will. Exception: favorable accused. Where the new law expressly made inapplicable to pending actions or existing causes of actions.g. and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy. unless it is the product of criminal negligence or culpa. (1) Utilitarian Theory Primary purpose: Protection of society from actual or potential wrongdoers. (Tavera v. the law is more compassionate. Criminal Law Prospectus) Ladonga v People (2005): Spouses Ladonga were convicted by the RTC for . The maintenance of peace and order. When the accused is a habitual delinquent. It is remedial. US Penal Code. there is scant regard to human element.g. (Regalado. natural and economic phenomena to which the actor is exposed. 5 (1987 Constitution) Declaration of Principles and State Policies. May be promulgated by the Legislature (e. and Phil. General Rule: RPC provisions provisions of special laws. Offenses not subject to the provisions of this Code. RELATION OF RPC TO SPECIAL LAWS: SUPPLETORY APPLICATION OF RPC Art. Likewise when the special laws require that the punished act be committed knowingly and willfully.10) (2) When the provisions of the Code are impossible of application. in If it is to the Retroactive in application. – Offenses which are or in the future may be punishable under special laws are not subject to the provisions of this Code. 1932. This Code shall be supplementary to such laws. PENAL LEGISLATION a. RPC. liberty and property.  Age of the offender is considered. jurisdiction of courts) or the Judiciary (e. CRIMINAL LAW VS. b. Sec. (2) Classical Theory Primary purpose: Retribution. Heinous crimes should be dealt with in a classical manner. Supreme Court decisions. Basis of criminal liability: The sum of the social. For example:  Intoxication of the offender is considered to mitigate his criminal liability. unless the latter should specially provide the contrary. capital punishment. The Revised Penal Code (Act No. II. 22) 2.CRIMINAL LAW REVIEWER good faith and the lack of criminal intent are valid defenses. Note: Where malice is a factor. Crimes that are economic and social by nature should be dealt with in a positivist manner. enacted January 1. SOURCES OF CRIMINAL LAW a. Endeavored to establish a mechanical and direct proportion between crime and penalty. it is passed by the Legislature. either by express provision or by necessary implication. as in those instances where the provisions in question are peculiar to the Code. thus. 3815) Created pursuant to Administrative Order No. criminal intent is required to be proved before criminal liability may arise. 10. 94. prevention/ correction.  A woman who killed her child to conceal her dishonor has in her favor a mitigating circumstance. (4) Eclectic/Mixed Combines both positivist and classical thinking. based on the Spanish Penal Code. Note: The Revised Penal Code today follows the mixed or eclectic philosophy. thus.

Generality General Rule: Art. 16. So Presidential Decree No. 2. Scope of Application and Characteristics of the Philippine Criminal Law 1. where the provisions on subsidiary imprisonment under Art. (2) sabotage. 22. because violations of the Revised Penal Code are more serious than a violation of a special law. The husband applied for probation while the wife appealed arguing that the RTC erred in finding her criminally liable for conspiring with her husband as the principle of conspiracy is inapplicable to B. punishable under the laws of the United States. the offender cannot be prosecuted for murder. may be applied suppletorily. Note: Murder would be a qualifying circumstance in the crime of qualified cattle rustling. are necessarily applicable. NCC. 8. but not under the laws of the United States. (b) United States authorities exercise exclusive jurisdiction over United States personnel with respect to offenses. People vs. . Blg. 309 and 310). including offenses relating to the security of the United States.P.P. V. PROSPECTIVITY (WHEN?) Criminal law has three (3) characteristics: General. murder was committed. Blg. 1991. Blg.P. including offenses relating to the security of the Philippines. 22 was applied suppletorily. 2. 22 does not expressly prescribe the suppletory application of the provisions of the RPC. punishable under the laws of the Philippines. the following rules shall apply: B. 533. 14. 2 1 Sec. 1947 and expired on Sept. Thus. in the absence of contrary provision in B. Limitations: Art.CRIMINAL LAW REVIEWER violation of B. but not under the laws of the Philippines. No. People vs. Held: 1. P. 10. Treaty Stipulations Examples:  Bases Agreement entered into by the Philippines and the US on Mar. (b) United States military authorities shall have the right to exercise within the Philippines all criminal and disciplinary jurisdiction conferred on them by the military law of the United States over United States personnel in the Philippines. But a crime in the Revised Penal Code can absorb a crime punishable by a special law if it is a necessary ingredient of the felony defined in the Code. 533 Take note of Art. 3. If in the course of cattle rustling. an offense relating to security means: (1) treason. Rodriguez (1960): It was held that a violation of a special law can never absorb a crime punishable under the Revised Penal Code. GENERALITY (WHO?) 2. 22 (3 counts). punishing cattlerustling. TERRITORIALITY (WHERE?) 3. People.  Visiting Forces Agreement (VFA)2 signed on Feb. RPC. Subject to the provisions of this article: (a) Philippine authorities shall have jurisdiction over United States personnel with respect to offenses committed within the Philippines and punishable under the law of the Philippines. but a law amending provisions of the RPC (Arts. 39 of the RPC to B. which defines criminal jurisdiction over United States military and civilian personnel temporarily in the Philippines in connection with activities approved by the Philippine Government. (a) Philippine authorities exercise exclusive jurisdiction over United States personnel with respect to offenses.D. 14. by their nature. Article V Criminal Jurisdiction 1. In cases where the right to exercise jurisdiction is concurrent. The penal law of the country is binding on all persons who live or sojourn in Philippine territory. 3. 2. ―Except as provided in the treaties or laws of preferential application xxx‖ 16 a. espionage or violation of any law relating to national defense.P. the general provisions of the RPC which. Blg. Territorial. is not a special law. and Prospective. It can absorb the crime of murder. The court cited the case of Yu vs. Martinada: The crime of cattle-rustling is not malum prohibitum but a modification of the crime of theft of large cattle. B. subject to the principles of public international law and to treaty stipulations. 1998. 22 which is a special law. Blg.P. (c) For the purposes of this paragraph and paragraph 3 of this article.1 1.

―xxx subject to the principles of public international law and to treaty stipulations. or any domestic or domestic servant of any such ambassador or minister are exempt from arrest and imprisonment and whose properties are exempt from distraint. United States military authorities shall take full account of the Philippine position. 11. Territoriality GENERAL RULE: Penal laws of the country have force and effect only within its territory. Philippine authorities will. No. plenipotentiary. Where appropriate. (Sec. authorized and received as such by the President. (g) The authorities of the Philippines and the United States shall notify each other of the disposition of all cases in which both the authorities of the Philippines and the United States have the right to exercise jurisdiction. 1987 Constitution)  Any ambassador or public minister of any foreign State.CRIMINAL LAW REVIEWER (a) Philippine authorities shall have the primary right to exercise jurisdiction over all offenses committed by United States personnel. Philippine authorities at the highest levels may also present any information bearing on its validity. This also applies to embassies. The territory of the country is not limited to the land where its sovereignty resides but includes also its maritime and interior waters as well as its atmosphere.3 (R. (e) When the United States military commander determines that an offense charged by authorities of the Philippines against United States personnel arises out of an act or omission done in the performance of official duty.A. United States military authorities and Philippine authorities shall consult immediately. (b) United States military authorities shall have the primary right to exercise jurisdiction over United States personnel subject to the military law of the United States in relation to: (1) offenses solely against the property or security of the United States or offenses solely against the property or person of United States personnel. RPC) 3 R. (d) Recognizing the responsibility of the United States military authorities to maintain good order and discipline among their forces. If the Government of the Philippines determines that the case is of particular importance. 2. the commander will issue a certificate setting forth such determination. Laws of Preferential Application Examples:  Members of Congress are not liable for libel or slander for any speech in Congress or in any committee thereof. 17 b. and (2) offenses arising out of any act or omission done in performance of official duty. and privileges of duly accredited foreign diplomatic representatives in the Philippines . (f) If the government having the primary right does not exercise jurisdiction. 2 (b). Note: Generality has NO reference to territoriality.‖ The following persons are exempt from the provisions of the RPC: (1) Sovereigns and other heads of state (2) Ambassadors. United States military authorities will take disciplinary or other action against offenders in official duty cases. except in cases provided for in paragraphs l (b). Art. Vienna Convention on Consular Relations) Public vessels of a friendly foreign power are not subject to local jurisdiction. (c) The authorities of either government may request the authorities of the other government to waive their primary right to exercise jurisdiction in a particular case. (Article 31. No. waive their primary right to exercise jurisdiction except in cases of particular importance to the Philippines. rights. is considered an extension of the territory of its respective country.   It cannot penalize crimes committed outside its territory. ministers. and notify the Government of the Philippines of the actions taken. 75)  Warship Rule – A warship of another country. NCC. 2. 75 penalizes acts which would impair the proper observance by the Republic and inhabitants of the Philippines of the immunities. VI. seizure and attachment. it shall notify the authorities of the other government as soon as possible. (Art. 14. upon request by the United States. Vienna Convention on Diplomatic Relations) Note: Consuls and consular officers are NOT exempt from local prosecution. c. minister resident and charges d‘ affaires. (See Article 41. and 3 (b) of this Article. even though docked in the Philippines. This certificate will be transmitted to the appropriate authorities of the Philippines and will constitute sufficient proof of performance of official duty for the purposes of paragraph 3(b)(2) of this article. In those cases where the Government of the Philippines believes the circumstances of the case require a review of the duty certificate. it shall communicate such determination to the United States authorities within twenty (20) days after the Philippine authorities receive the United States request. Principles of Public International Law Art.A.

ii. 2 embraces two scopes of applications: General rule .210) Qualified Bribery (A.212) Frauds against the public treasury (A. 211-A) Indirect bribery (A. 3: Should introduce into the country the above-mentioned obligations and securities. waters NOT under the jurisdiction of any State (extraterritorial) Two rules as to jurisdiction over crimes committed aboard merchant vessels while in the territorial waters of another country (i. iii. The Philippines adheres to the ENGLISH RULE. The high seas i.211) Corruption (A. 2: Forging/Counterfeiting and Coins or Currency Notes in the Philippines i.A. (b) Par. Relative Theory The subjacent state exercises jurisdiction over the atmosphere only to the extent that it can effectively exercise control thereof. and ii. 217) Failure to render accounts (A. coin. except for the protection of its national security and public order. i.216) Malversation of public funds or property (A.218) R. ENGLISH RULE: the location or situs of the crime determines jurisdiction UNLESS the crime merely relates to internal management of the vessel. viii. iv. 2. i. Philippine criminal law6 will govern. EXCEPTIONS (1) Extraterritorial crimes. The reason for this provision is that the introduction of forged or counterfeited obligations and securities into the Philippines is as dangerous as the forging or counterfeiting of the same. (a) Par. Exception . v.e. FRENCH RULE: It is the flag or nationality of the vessel which determines jurisdiction UNLESS the crime violates the peace and order of the host country. 6 See Anti-Hijacking Law. RPC) (ASKED 4 TIMES IN BAR EXAMS) Art. the laws of the nationality of the ship will always apply.Intraterritorial refers to the application of the RPC within the Philippine territory (land. Note: The Philippines adopts this theory. However. (Other part of the reviewer) . ii.CRIMINAL LAW REVIEWER (1) Terrestrial jurisdiction is the jurisdiction exercised over land. 9327 (The Human Security Act) contains provisions for extraterritorial application. which are punishable even if committed outside the Philippine territory (Art. 4: When public officers or employees commit an offense in the exercise of their functions. 1: Crimes committed aboard Philippine ship or airship: The RPC is applied to Philippine vessels5 if the crime is committed while the ship is treading: i. A Filipino-owned vessel registered in China must fly the Chinese flag.213) Possession of prohibited interest (A. and 18 (c) Par. When the crime is committed in a war vessel of a foreign country. obligations securities. vii. Free Zone Theory The atmosphere over the country is free and not subject to the jurisdiction of the subjacent state. a foreign vessel treading Philippine waters OR Philippine vessels treading foreign waters): i. ii. Crime committed pertains to the exercise of the public official’s functions: The crimes i. or ii. as long as it can be established that it is within the Philippine atmosphere. these rules are NOT applicable if the vessel is on the high seas when the crime was committed. air and water). (2) Fluvial jurisdiction is the jurisdiction exercised over maritime and interior waters. the nationality of the vessel will always determine jurisdiction because war vessels are part of the sovereignty of the country to whose naval force they belong. vi. (3) Aerial jurisdiction is the jurisdiction exercised over the atmosphere. Under this theory.Extraterritorial4 refers to the application of the Revised Penal Code outside the Philippine territory. Absolute Theory The subjacent state has complete jurisdiction over the atmosphere above it subject only to the innocent passage by aircraft of a foreign country. if the crime is committed in an aircraft. It refers only to Philippine currency note. Philippine waters (intraterritorial). no matter how high. In these cases. NOT ITS OWNERSHIP. to the economical interest of the country. International Theories on Aerial Jurisdiction 4 (d) Par. which may be committed are: Direct bribery (A. iii. Forgery is committed abroad. 5 The country of registry determines the nationality of the vessel.e.

22.‖ Subsequently. Violation of neutrality (A. (a) The crime is obliterated. (1993): In this case. (3) If the new law totally repeals the existing law so that the act which was penalized under the old law is no longer punishable. CA. Inciting to war or giving motives for reprisals (A..7 administrative rulings and circulars. in the foreign service of the Phil. People]. Flight to enemy‘s country (A. which are. or (2) The offender is a habitual criminal. he is found guilty of any crimes a third time or oftener.P. 5: Commit any of the crimes against national security and the law of nations. ii. Conversely. hurto(theft). (b) Pending cases are dismissed. Piracy in general and mutiny on the high seas or in Philippine waters (A. a check issued merely to guarantee the performance of an obligation is covered by B.221) Falsification by a public officer or employee committed with abuse of his official position (A.P.122) Note: Crimes against public order (e.220) Failure to make delivery of public funds or property (A. in a foreign country. to be performed by the public officer. Hence. x. if 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.g. a person shall be deemed to be a habitual delinquent. 3. estafa. Espionage (A. issued on August 8. Misprision of treason (A. Penal laws shall have a retroactive effect. (Title One. Civil Code . (See R. although at the time of the publication of such laws a final sentence has been pronounced and the convict is serving the same. consistent with the principle of prospectivity. Co vs. is no longer a valid defense for the prosecution under B. (b) EXCEPT when the offender is a habitual delinquent or when the new law is made not applicable to pending action or existing causes of action. 4 of the Ministry of Justice. Correspondence with hostile country (A. provided that ―where the check is issued as part of an arrangement to guarantee or secure the payment of an obligation.121) v. Illegal use of public funds or property (A. xii. (a) The new law shall be applied. iii. 12. the new doctrine should not apply to parties who had relied on the old Circular and acted on the faith thereof. 22 RPC. insofar as they favor the person guilty of a felony who is not a habitual criminal. (4) Rule of prospectivity also applies to judicial decisions. xxx For the purpose of this article. Book 2. 1984.171) Those having to do with the discharge of their duties in a foreign country. whether preexisting or not. 22 [Que vs. 8.CRIMINAL LAW REVIEWER ix. robo(robbery).120) iv. 22.115) iii. sedition) committed abroad is under the jurisdiction of the host country. Art. or falsification.116) iv. it was ruled that under the new circular. Conspiracy and proposal to commit treason (A. the administrative interpretation was reversed in Circular No. government. (2) If the new law imposes a heavier penalty (a) Law in force at the time of the commission of the offense shall be applied. xi. the drawer is not criminally liable for either estafa or violation of B. EXCEPTION TO THE EXCEPTION: (1) The new law is expressly made inapplicable to pending actions or existing cause of actions. However. Effects of repeal of penal law (1) If the repeal makes the penalty lighter in the new law. EXCEPTION: Art. coup d‘etat. otherwise known as Human Security Act of 2007). such that the claim that the check was issued as a guarantee or part of an arrangement to secure an obligation or to facilitate collection. No retrospective effect. acts or omissions which have been committed before the effectivity of a penal law could not be penalized by such penal law. Prospectivity GENERAL RULE: Acts or omissions will only be subject to a penal law if they are committed AFTER a penal law has taken effect.P. RPC) Crimes against national security: i. 1981. 9372.114) ii.119) iii. Terrorism is now classified as a crime against national security and the law of nations. Circular No.118) ii. 62(5) RPC. as this term is defined in Rule 5 of Article 62 of this Code.117) Crimes against the law of nations: i. 7 Art.A. (c) Unserved penalties imposed are remitted. rebellion. (e) Par. 19 The functions contemplated are those. 15. dated December. under the law: i. Treason (A.

Due process Art. No person shall be held to answer for a criminal offense without due process of law. and punishes such an act. 14(2). Neither shall death penalty be imposed. No ex post facto law or bill of attainder shall be enacted. it is null and void. 8177) and the law imposing the death penalty (R. Section 1. 1987 Const. 22. 1987 Const. Basis: The fundamental rule that all doubts shall be construed in favor of the accused and presumption of innocence of the accused. Art.8 a. 1987 Const. or makes it greater than it was. Legality (nullum poena sine lege) crimen nulla 2. 2(b)) 4. Act Prohibiting the Imposition of Death Penalty in the Philippines (R.CRIMINAL LAW REVIEWER Rationale for the prospectivity rule: the punishability of an act must be reasonably known for the guidance of society [citing Peo v. III. C.] 20 1. Note: This is peculiar only to criminal law.A. 21. Pro reo doctrine: Whenever a penal law is to be construed or applied and the law admits of two interpretations . Repealed the law imposing lethal injection (R. nor cruel. 22. CA (1996). If the law punishing an act is ambiguous. Sec. Constitutional limitations on the power of Congress to enact penal laws in the Bill of Rights (i) Equal protection (ii) Due process (iii)Non-imposition of cruel and unusual punishment or excessive fines (iv) Bill of attainder (v) Ex post facto law 5. Corpuz v. Ex post facto law Art III. No felony shall be punishable by any penalty not prescribed by law prior to its commission. the Congress hereafter provides for it. Limitation: Not every law punishing an act or omission may be valid as a criminal law. liberty. Sec. when committed. There is no crime when there is no law punishing the same. unless. the accused shall be presumed innocent until the contrary is proved. 19. 1987 Const. 3. or property without due process of law. 7659) (Sec. No ex post facto law or bill of attainder shall be enacted. 2 (a)) and the punishment of life imprisonment for offenses under any act which does not use the nomenclature of the RPC (Sec. Any death penalty already imposed shall be reduced to reclusion perpetua. that interpretation which is lenient or favorable to the offender will be adopted. This Act also imposes the punishment of reclusion perpetua for offenses under any act using the nomenclature of the RPC (Sec. 1). 14 (1). Bill of attainder Art III.one lenient to the offender and one strict to the offender. In all criminal prosecutions. degrading or inhuman punishment inflicted. Sec. 1987 Const. the scale should be tilted in favor of the accused in obedience to the constitutional presumption of innocence. 1987 Const.A. People (1991) .A. Sec. 8 Ursua v. Ex post facto law is one which: (1) Makes criminal an act done before the passage of the law and which was innocent when done. III. EQUIPOISE RULE: When the evidence of the prosecution and the defense are equally balanced. Equal protection Article III. 9346) Republic Act 9346 An Act Prohibiting the Imposition of the Death Penalty.a legislative act that inflicts punishment without trial. Strict Construction of Penal Laws Against State: The ―Doctrine of Pro Reo‖ Art III. Excessive fines shall not be imposed. its essence being the substitution of legislative fiat for a judicial determination of guilt. Non-imposition of cruel and unusual punishment or excessive fines 5. Sec. nor shall any person be denied the equal protection of the laws. (2) Aggravates a crime. No person shall be deprived of life. 4. [NOTE: The SC outline does not include the next two characteristics. for compelling reasons involving heinous crimes. Art. Bill of attainder .  Must be general in application. Jabinal].

III. However. the act of the accused was not unlawful. Nisi Mens Sit Rea ―The act cannot be criminal where the mind is not criminal. [1987 Const.) Other constitutional limitations  Must not provide imprisonment for non-payment of debts or poll tax. In this case. the accursed dismissed the appeals and ordered the sums attached and delivered to plaintiffs in satisfaction of the judgment. The act of a person does not make him a criminal. and (6) Deprives a person accused of a crime some lawful protection to which he has become entitled. (5) Assumes to regulate civil rights and remedies only. and authorizes conviction upon less or different testimony than the law required at the time of the commission of the offense. 21 . 504. whether foreseen or intended or not. 1 of Art.CRIMINAL LAW REVIEWER (3) Changes the punishment and inflicts a greater punishment than the law annexed to the crime when committed.S. Basic Maxims in Criminal Law a. religion. Actus Me Invito Factus Non Est Meus Actus ―An act done by me against my will is not my act. e. (Reyes. if it is proved that the accused committed the criminal act charged. Held: The general rule is that. Inc. so upon petition of the plaintiffs. in effect imposes penalty or deprivation of a right for something which when done was lawful. or a proclamation of amnesty.g. The Revised Penal Code citing In re: Kay Villegas Kami.‖ c. vs. and assembly. it must be borne in mind that the act from which such presumption springs must be a criminal act. 19 (1)]  Must not restrict other constitutional freedoms. Actus Non Facit Reum. free speech. Everything he did was done in good faith under the belief that he was acting judiciously and correctly.‖  This is the rationale in par. 4 which enunciates the doctrine of proximate cause. Sec. He who commits an intentional felony is responsible for all the consequences which may naturally and logically result therefrom. such as the protection of a former conviction or acquittal. it will be presumed that the act was done with criminal intention. due process. Art. 508) Facts: Accused was a justice of the peace who rendered decisions for damages based on breach of contract. (4) Alters the legal rules of evidence. Accused was prosecuted for malversation.‖ U. Catolico (18 Phil. unless his mind be criminal. The defendants failed to pay the bonds required on time. b. El Que Es Causa De La Causa Es Causa Del Mal Causado ―He who is the cause of the cause is the cause of the evil caused.

Offense. lack of foresight. Misdemeanor and Crime Felony: refers only to violations of the Revised Penal Code. ELEMENTS OF CRIMINAL LIABILITY D. Misdemeanor: A minor infraction of the law. lack of foresight.  Plural crimes on the other hand are discussed under Art. Definitions (RPC) — Acts and omissions punishable by law are felonies (delitos). There is deceit when the act is performed with deliberate intent.  In Par. (b) If an act is proven to be unlawful. CLASSIFICATION OF FELONIES C. the law uses the word ―felony. Specific Intent In some particular felonies. there must be a law requiring the performance of such act. before beginning to serve sentence or while serving the same. Culpable Felony. proof of specific intent is required. (ASKED 3 TIMES IN BAR EXAMS) Importance: There are certain provisions in the Revised Penal Code where the term ―felony‖ is used. Wrongful act results from imprudence. 6 also provides for liability for the incomplete elements of a crime. there . which means that the provision is not extended to crimes under special laws. Felonies: How Committed Art. FELONIES 22 A. Culpable Felony Intentional Act is malicious. negligence. such as misprision of treason or abandonment of helpless persons. STAGES OF EXECUTION F. ―Crime‖ or ―offense‖ are the proper terms. by means of deceit (with dolo) or fault (with culpa)  It is important to note that if the criminal liability arises from an omission. and there is fault when the wrongful act results from imprudence. 1. 160. CONSPIRACY AND PROPOSAL G MULTIPLE OFFENDERS H. 1 of Art. the generic word ―crime‖ can be used. IMPOSSIBLE CRIME E.  Par. Injury caused is unintentional.‖ Note that the word ―felony‖ is used. Preliminary matters 1. How is Criminal Liability Incurred? Art. Offense: A crime punished under a special law is called a statutory offense. With deliberate intent. 2 of Art. 3. A. such as a violation of an ordinance. Example: Art. Differentiating Felonies. 4 makes a person liable even if the accomplishment of his crime is inherently impossible. Culpable Not malicious.CRIMINAL LAW REVIEWER CHAPTER II. PRELIMINARY MATTERS B. then intent will be presumed prima facie. (People v. 4.  Art. Felonies are committed not only by means of deceit (dolo) but also by means of fault (culpa). negligence. when either is punished by law. Apostol) (c) An honest mistake of fact destroys the presumption of criminal intent which arises from the commission of a felonious act. Crime: Whether the wrongdoing is punished under the Revised Penal Code or under a special law. 48. Oanis) General v. (3) He must have INTENT while doing/omitting the act. being just an incident of another act performed without malice. Has intention to cause an injury. the principle behind this can be found in Art. (2) He must have INTELLIGENCE while doing/omitting an act. Requisites of Dolo or Malice (1) He must have FREEDOM while doing an act or omitting to do an act.S. 3 describes the manner of incurring criminal liability under the Revised Penal Code. COMPLEX CRIME AND SPECIAL COMPLEX CRIMES Intentional Felony v. or lack of skill.  A crime punishable under a special law is not referred to as a felony. – It means performing or failing to do an act. (U. In certain crimes against property. (a) Intent which is a mental process presupposes the exercise of freedom and the use of intelligence. v. Quasi-Recidivism: ―A person who shall commit a felony after having been convicted by final judgment.  Intentional felony v.  There are certain felonies committed by conspiring in or proposing the commission of certain acts.‖ that whoever commits a felony incurs criminal liability. 8. 2. or lack of skill. shall be punished under the maximum period of the penalty.

in natural and continuous sequence. Requisites: (1) An intentional felony has been committed. 1) Whenever a court has knowledge of any act which it may deem proper to repress and which is not punishable by law. through the Department of Justice. 2) it shall render the proper decision. 4) when a strict enforcement of the provisions of this Code would result in the imposition of a clearly excessive penalty. and in cases of excessive penalties. the act is covered by any of the justifying circumstances enumerated in Art. (b) The act should not be punished by a special law because the offender violating a special law may not have the intent to do an injury to another.  The judge should impose the law (not suspend the execution of the sentence). Art. And more 23 3. RPC. which. 4. unbroken by any efficient intervening cause.  The proper judgment is acquittal. 342). 1 speaks of wrongful act done different from that which he intended. Par. Art. produces the injury without which the result would not have occurred. Where the court cannot convict the accused because the act he committed is not punishable under the law.  The most that he could do is recommend to the Chief Executive to grant executive clemency. he intends the consequences of his felonious act. Criminal liability exists from the concurrence of the mens rea and the actus reus. without suspending the execution of the sentence. Duty of the court in connection with acts which should be repressed but which are not covered by the law.CRIMINAL LAW REVIEWER must be intent to gain (Art. produces the injury. (2) The wrong done to the aggrieved party be the direct. in a natural and continuous sequence. By any person committing a felony (delito) although the wrongful act done be different from that which he intended. specific intent of lewd designs must be proved. Discussion of Article 5 Art. b. the act or omission is not punishable by the RPC. and shall report to the Chief Executive. Illustration: Dave and JR are supposed to meet in Audrey‘s home but when JR arrived Dave was not home. 3) In the same way. the court shall submit to the Chief Executive. Intent to kill is essential in attempted and frustrated homicide (Art 6 in relation to Art 249). ii. JR received an SMS from Dave telling the former to get the house key from under the doormat. which. through the Department of Justice.  The judge must report to the Chief Executive that said act be made subject of penal legislation and the reasons therefore. . Note: Criminal liability for some felonies arises only upon a specific resulting harm: (1) HOMICIDE AND ITS QUALIFIED FORMS requires DEATH of the victim to be consummated.That cause. Dave lets himself in and saw an iPod on the table. unbroken by any efficient intervening cause. (c) No felony is committed when: i. 5 covers two situations: a. Requisites of Culpa (1) He must have FREEDOM while doing/omitting to do an act (2) He must have INTELLIGENCE while doing the act/omitting to do an act (3) He is IMPRUDENT. Medina (1957): SC laid down the definition of proximate cause: ―that cause. Wrongful Act Different from that Intended When a person commits a felony with malice. JR took the iPod. xxx xxx xxx Rationale: el que es causa de la causa es causa del mal causado (he who is the cause of the cause is the cause of the evil caused). but the court deems it proper to repress such act. 293 – robbery. NEGLIGENT. and without which the result would not have occurred. Where the court after trial finds the accused guilty. (a) The felony committed should be one committed by means of dolo (with malice) because Art. In forcible abduction (Art. the reasons which induce the court to believe that said act should be made the subject of legislation. Art 308 – theft). (2) ESTAFA: requires that the victim incur damage for criminal liability for the consummated felony to arise Vda. or LACKS FORESIGHT or SKILL while doing the act/omitting to do an act. such statement as may be deemed proper. 4. 4. and the penalty prescribed for the crime appears too harsh considering the conditions surrounding the commission of the crime. 5 RPC. De Bataclan v. taking into consideration the degree of malice and the injury caused by the offense. What is JR’s criminal liability? He is liable only for theft and not robbery because the intent to gain concurred only with the act of taking BUT NOT with the act of using the owner‘s keys to enter the house. natural and logical consequence of the felony committed by the offender. (a) Proximate Cause . as well as in murder. 11. Criminal liability shall be incurred: 1.

acted solely in obedience to the instinct of selfpreservation. and E were driving their vehicles along Ortigas Ave. The proximate cause is the negligence of E (using his cellphone while driving) because it sets into motion the collision of all the cars. Because the offended party was slow in his work. and any reasonable person under the same circumstance might have done the same. 13 – mitigating circumstance) (a) If A‘s act constitutes sufficient means to carry out the graver felony. when offender intending to do an injury to one person actually inflicts it on another (Art. Valdez (1921): The deceased is a member of the crew of a vessel. he cannot claim praeter intentionem. and this can be considered as a supervening cause. injuring one person mistaken for another (Art. his act is a felony. The offended party replied that they would be better if he would not insult them. As to him. The victim believing himself to be in immediate peril threw himself into the water. all constituting a natural and continuous chain of events. (3) Praeter intentionem . under such circumstances that the person responsible for the first event should. The accused was prosecuted for homicide. on the other hand. and rising in rage. B. followed by B. with a big knife in hand threatening to kill him. then C hit the car of B. he should have no criminal liability. the person is still criminally liable although the wrongful act done be different from that which he intended in the following cases: (1) Error in personae . C. the traffic light turned red so A immediately stepped on his brakes. then D hit the car of C. the accused must. A‘s car was ahead. in throwing himself into the river. but the felony is still the same. the final event in the chain immediately effecting the injury as a natural and probable result of the cause which first acted. but kills C (c) Under Art. It is enough that the offender generated in the mind of the offended party an immediate sense of danger that made him place his life at risk. signed a statement of his forgiveness towards A and on that condition. IAC (1988): A and B had a quarrel and A started to hack B with a bolo. B. finally.mistake in the blow. B hit the car of A. Upon intervention. each having a close causal connection with its immediate predecessor. Immediate Cause v. the two settled their differences. When A‘s car reached the intersection of EDSA and Ortigas Avenue. E was using his cellphone and therefore was not aware that the traffic light had turned to red. (2) Aberratio ictus .injurious result is greater than that intended (Art. B was wounded at the back. 4. The victim died of drowning. 49 – penalty for lesser crime in its maximum period) (a) At least two subjects (b) A has intent to kill B. and to pay him also whatever loss of income B may have suffered. therefore. followed by those of B. Accused is in charge of the crew members engaged in the loading of cargo in the vessel. it was but the exercise of a choice between two evils. 'the proximate legal cause is that acting first and producing the injury. But because of Art. His contention that his liability should be only for grave threats since he did not even stab the victim. if A hits C.‖ GENERAL RULE: The offender is CRIMINALLY LIABLE for ALL the natural and logical consequences of his felonious act. This case illustrates that proximate cause does not require that the offender needs to actually touch the body of the offended party. if the felonious act is the proximate cause of the resulting harm. although not intended. D. C. and E. and was in no sense legally responsible for his own death. either immediately or by setting other events in motion. 3. so he bumped the car of D. C. US v. In this case. the accused shouted at him. and D.mistake in the identity of the victim. Proximate Cause v. he moved towards the victim. Thus. 24 Urbano v. be considered the author of the death of the victim. have reasonable ground to expect at the moment of his act or default that an injury to some person might probably result therefrom. that the victim died of drowning. 48 on complex crimes – penalty for graver offense in its maximum period) (a) There is only one subject. .CRIMINAL LAW REVIEWER comprehensively. D. but that is not the proximate cause. the immediate cause of the damage to the car of A is the car of B. Remote Cause Illustrations: A. However. as an ordinary prudent and intelligent person. The accused resented this. he withdrew the complaint that he filed against A. then. A agreed to shoulder all the expenses for the treatment of the wound of B. Held: The deceased. In this case. (b) The intended subject is a different subject.

A month later. The following are not efficient intervening cause: (1) The weak or diseased physical condition of the victim. and logical consequence of the wounds inflicted upon him by the accused. (4) Neglect of the victim or third person. with tetanus may have been the proximate cause of Javier's death with which the petitioner had nothing to do. However. According to the manner of their commission 2. There must be a law requiring the doing or performing of an act. Illustre). (2) The nervousness or temperament of the victim. such as the refusal by the injured party of medical attendance or surgical operation. Marasigan). is an efficient supervening cause which relieves A of any liability for the death of B. the victim had incurred tetanus poisoning out of the wound inflicted by A. Moldes).CRIMINAL LAW REVIEWER After so many weeks of treatment in a clinic. (2) Art. Held: The Supreme Court held that A is not liable. 276: Abandoning a minor. (People v. (3) Art. B. Classifications of Felonies FELONIES ARE CLASSIFIED AS FOLLOWS: 1. v. (U. 25 5. the failure to perform a positive duty which a person is bound to do. ◦ The stages (Art. 6) may not apply to all kinds of felonies. the doctor pronounced that the wound was already healed. 223: Conniving with or consenting to evasion. natural. (5) Art. ◦ There are felonies which do not admit of division. indeed. or the failure of the doctor to give anti-tetanus injection to the injured person. (5) Erroneous or unskillful medical or surgical treatment. 116: Misprision of treason. If. (3) Causes which are inherent in the victim. Omission It is inaction.  The question does not require the candidate to classify but also to define. 208: Negligence and tolerance in prosecution of offenses. such (a) the victim not knowing to swim and (b) the victim being addicted to tuba drinking. According to their gravity OTHER CLASSIFICATIONS: 4. the act of B working in his farm where the soil is filthy. Valdez). According to the stages of their execution (ASKED 9 TIMES IN BAR EXAMS) 3. Punishable omissions in the RPC: (1) Art.  The purpose of classifying penalties is to bring about a proportionate penalty and equitable punishment. Medical evidence was presented. because of his nervous condition due to the wound inflicted on the accused. (4) Art. and the active force is a distinct act or fact absolutely foreign from the felonious act of the accused. There is a likelihood that the wound was but the remote cause and its subsequent infection. Do not write the classification of felonies under Book 2 of the Revised Penal Code. (People v. The felony committed is not the proximate cause of the resulting injury when: (1) There is an active force that intervened between the felony committed and the resulting injury. As to count 5. using his own hands. (People v.  The penalties are graduated according to their degree of severity. Buhay and People v. (People v.S. that tetanus toxic is good only for two weeks. if at all. he would not have lasted for around a month (22 days). Almonte). . (6) Art. for failure to take necessary precautions. As to nature This question was asked in the bar examination: How do you classify felonies and how are felonies defined?  TIP: What the examiner had in mind was Articles 3. B came home and was chilling. Thereafter. is only liable for the physical injuries inflicted upon B. 275: Abandonment of person in danger and abandonment of one‘s own victim. What brought about the tetanus to infect his body was his work in the farm using his bare hands. A. as when one is suffering from tuberculosis or heart disease. he died out of tetanus poisoning. 6 and 9. 137: Disloyalty of public officers or employees. The Court took into account the incubation period of tetanus toxic. as when the assault took place in anu outlaying barrio where proper modern surgical service was not available. The heirs of B filed a case of homicide against A. or (2) The resulting injury is due to the intentional act of the victim. The rule is that the death of the victim must be the direct. Before midnight. B went back to his farm. as when a person dies in consequence of an internal hemorrhage brought on by moving about against the doctor‘s orders.

3. Related to this. there is no language in Article 308 that expressly or impliedly allows that the ―free disposition of the items stolen‖ is in any way . We thus conclude that under the Revised Penal Code. (a) Reclusion perpetua (b) Reclusion temporal (c) Perpetual or Absolute DQ (d) Perpetual or Temporary Special DQ (e) Prision mayor (f) Fine more than P6. However. (ASKED 4 TIMES IN BAR EXAMS) Why is it necessary to determine whether the crime is grave. Consummated Note: The classification of stages of a felony in Article 6 are true only to crimes under the Revised Penal Code. or a fine not exceeding P200. the fine of P200. Valenzuela vs. Intentional felonies or those committed with deliberate intent. they are classified as: a. According to the Manner of Their Commission Under Art. classification of felonies as to: a. even certain crimes which are punished under the Revised Penal Code do not admit of these stages.00. 26. 25 of the Revised Penal Code. 26 1. He claimed the theft was merely frustrated for he was not able to dispose of the goods. Again. Culpable felonies or those resulting from negligence. Frustrated c. This classification of felony according to gravity is important with respect to the question of prescription of crimes. It does NOT apply to crimes punished under special laws. 2. 26 that was not applied. the same is true for arson where the slightest burning already renders the crime complete. Attempted b. lack of foresight or lack of skill. Example: ILLEGAL EXACTION under Art. b. According to Their Gravity Under Art. 6. Material Felonies: crimes that have various stages of execution c. or both.000 b. According to the Stages of Their Execution Under Art. 9. If the penalty is a fine and exactly P200. and b. the slightest penetration already consummates the crime. these are felonies classified according to their gravity. less grave or light? (1) To determine  whether these felonies can be complexed or not. reckless imprudence. People (2007): No crime of frustrated theft. Less grave felonies or those to which the law punishes (1) with penalties which in their maximum period is correctional.00 is considered a correctional penalty under Art. Dino and Empelis rulings. Example: in rape. 3. Felonies by omission: Crimes which have no attempted stage. whether the taxpayer pays the amount being demanded or not. Take note that when the Revised Penal Code speaks of grave and less grave felonies.CRIMINAL LAW REVIEWER determinative of whether the crime of theft has been produced. it is only considered a light felony under Art. Crimes which have NO FRUSTRATED STAGE: the essence of the crime is the act itself. the definition makes a reference specifically to Art. stages and the penalty attached to them. Light felonies or those infractions of law for the commission of which (1) the penalty is arresto menor. (2) In other words. The guards apprehended him at the store parking lot while trying to board a taxi. (3) Ex. (a) Prision correccional (b) Arresto mayor (c) Suspension (d) Destierro (e) Fines equal to or more than P200 c. 213  Mere demanding of an amount different from what the law authorizes him to collect will already consummate a crime. d. If the fine is imposed as an alternative penalty or as a single penalty. 25‖ because there is also a classification of penalties under Art. they are classified as: a. 9. Held: The Revised Penal Code provisions on theft have not been designed in such fashion as to accommodate the Adiao. Facts: A grocery boy was caught trying to abscond a box of Tide Ultrabar laundry soap from the Super Sale Club. felonies are classified as: a. Do not omit the phrase ―In accordance with Art. there is no crime of frustrated theft.  the prescription of the crime and  the prescription of the penalty. Grave felonies or those to which the law attaches (1) the capital punishment or (2) penalties which in any of their periods are afflictive. hence a less grave penalty. Formal Crimes: Crimes which are consummated in one instance.

(infra) (b) Offenses MALA PROHIBITA. 10 Art.. (i. 26 (with respect to prescription of penalties).e."11 Sometimes referred to in common parlance as the gravamen of the offense (bullseye of the crime). If there is lack of freedom. he can be made to suffer the fine.  Omission: The failure to perform a positive duty which one is bound to do under the law. p. Abandonment of person in danger and abandonment of one's own victim.. Intelligence C. intent cannot be presumed being an integral element thereof.CRIMINAL LAW REVIEWER If the penalty is exactly P200. b. Liability even in the absence of criminal intent There are two exceptions to the requirement of criminal intent: (a) Felonies committed by CULPA. However. As to Count Plurality of crimes may be in the form of: a. That the act or omission must be punishable by the RPC. Elements of Criminal Liability 1. so it has to be proven. there is no liability. Mala in se Mala prohibita Art. As to Nature (ASKED 4 TIMES IN BAR EXAMS) a. Complex crime. Elements of Felonies a. 116. 9 Capacity to know and understand the consequences of one‘s act. Composite crime. or criminal or deliberate intent. c. being purely a mental state. This power is necessary to determine the morality of human acts. 9 Art. . and c. otherwise it is merely physical injuries. 10. there must be a CONCURRENCE BETWEEN THE ACT and the INTENT. 275. This Code shall be supplementary to such laws. Freedom Voluntariness on the part of the person who commits the act or omission. b.Offenses which are or in the future may be punishable under special laws are not subject to the provisions of this Code. offender is an imbecile. There must be an act or omission ACTUS REUS/PHYSICAL ACT to be considered as a felony. in some crimes. is presumed (but only if the act committed is unlawful). the offender is exempt from liability. presence of irresistible force or uncontrollable fear) ii. failure to issue receipt or non-disclosure of knowledge of conspiracy against the government. Requisites i. (infra) 27 4. For an act to be punishable. a guilty or wrongful purpose or criminal intent. Dolo is DELIBERATE INTENT otherwise referred to as criminal intent. If the offender is apprehended at any time within ten years.e. It is considered as a correctional penalty and it prescribes in 10 years.00. If there is lack of intelligence. specific intent to kill is not presumed but must be proven. and must be coupled with freedom of action and intelligence on the part of the offender as to the act done by him.. NOTE: Please refer to p. apply Art. Misprision of treason. the lack of which leads to non-existence of a crime. Offenses not subject to the provisions of this Code. if there is no positive duty. Examples: Failure to render assistance. insane or under 15 years of age) iii.  Act: Any kind of body movement which tends to produce some effect in the external world. unless the latter should specially provide the contrary. includes possession. Criminal intent The purpose to use a particular means to effect a result. there must be an act or omission. That the act is performed or the omission incurred by means of dolo or culpa. 11 Black's Law Dictionary. 5th ed. the offender is exempt from liability (i. Example: In frustrated homicide. It is important that there is a law requiring the performance of an act. 889 . 5. Such presumption arises from the proof of commission of an unlawful act. Compound Crime. The intent to commit an act with malice.10 Mens rea: "A guilty mind. b. [1] for the table comparing mala in se and mala prohibita Intentional Felonies The act or omission is performed or incurred with deliberate intent (with malice) to cause an injury to another.

iii. without any provocation. Ernie can overturn the presumption of general criminal intent by proving that he was justified (infra). especially where there is doubt as to the identity of the accused. the means employed and the motive of the accused Note: If any of the elements is absent.  Lack of motive can aid in achieving acquittal of the accused. Buban (2003) 14 People v. However. stabbed Bert. there could be no intentional felony. an aim or purpose of the mind. opened a drawer and pulled out a knife. Thereupon. People (2006):  General criminal intent is an element of all crimes but malice is properly applied only to deliberate acts done on purpose and with design.  On the other hand. The very act of stabbing is the quantum of proof needed to establish the fact that Ernie intended to do something wrong. Ernie can be liable for more than one crime. must be proved by the State just as any other essential element. Integral to the element of intelligence. it need not be proved for purposes of conviction (except in certain cases enumerated below) When Motive Becomes Material in Determining Criminal Liability (ASKED ONCE IN BAR EXAMS) i. the circumstances under which it was committed. When the identification of the accused proceeds from an unreliable source and the testimony is inconclusive and not free from doubt. Specific Criminal Intent The intention to commit a definite act. This is the GENERAL CRIMINAL INTENT. Discernment and Motive (ASKED 4 TIMES IN BAR EXAMS) INTENT Determination to do a certain thing. by the nature of the act. Puno (1993) People vs Hassan. Generally. The burden is upon the wrong doer to prove that he acted without such criminal intent. The general criminal intent is presumed from the criminal act and in the absence of any general intent is relied upon as a defense. The moving force is jealousy. Illustration: Ernie. such absence must be proved by the accused. ii.  Evil intent must unite with an unlawful act for there to be a felony. is not If he is successful. as a matter of fact. If there is no dolo. 13 Visbal vs. a specific intent is not presumed. robbery13) When there is doubt as to the identity of the assailant. 1988 . Establish the nature and extent of culpability in intentional felonies. A deliberate and unlawful act gives rise to a presumption of malice by intent. kidnapping v. MOTIVE It is the moving power which impels one to do an act (ex. When the evidence on the commission of the crime is purely circumstantial. Presumed from the mere doing of a wrong act. When the act brings about variant crimes (e. DISCERNMENT The mental capacity to tell right from wrong. v. specific intent is a definite and actual purpose to accomplish some particular thing. Existence presumed. 28 Recuerdo v.12 Categories of Intent General Criminal Intent The intention to do something wrong.14 Since the specific intent is an element of the crime. hence. entitled to any exempting circumstances 12 Illustration: Ernie came home and found his wife in a pleasant conversation with Bert. former suitor. Its existence. then the presumption that he intended to do something wrong is overcome along with the need to determine specific intent. thus. This may be shown.g. When there is the need to ascertain the truth between two antagonistic versions of the crime. He then stabbed Bert. he went to the kitchen. however. vengeance). iv. prosecution must establish Ernie‘s SPECIFIC INTENT in order to determine whether he planned to kill Bert or merely to inflict a whole lot of pain. NOT intent. vi.CRIMINAL LAW REVIEWER (due to lack of discernment) or there was a mistake of fact (infra). the result of Ernie‘s act will now determine his liability. and when suspicion is likely to fall upon a number of persons. there is no dolo. Was his act justified that he incurs no liability? Is he entitled to any exemption? Or is his liability only mitigated? DISTINCTION Between Intent. the burden is upon the prosecution to establish its existence. When there are no eyewitnesses to the crime. Generally. it is not an essential element of a crime. However.

Oanis. it follows that no motive to kill can be attributed to him. Galano. Oanis (74 Phil. In this case. and after crying out sufficient warnings and believing himself to be under attack. because the police officers were at fault when they shot the escaped convict who was sleeping.16 US v.CRIMINAL LAW REVIEWER The intent is presumed from the resort to the knife. mistake of fact is not a defense. An honest mistake of fact destroys the presumption of criminal intent which arises upon the commission of a felonious act. cannot be held criminally liable for homicide. The element of criminal intent is replaced by negligence. People v. the defense of mistake of fact is an untenable defense in culpable felonies. motive is not an element of the offense. honestly mistaking the latter to be a robber responsible for a series of break-ins in the area. The act or omission is not malicious. When the accused is negligent. 29 2) 3) Stabbing the victim whom the accused believed to be an intruder showed a mistake of fact on his part which led him to take the facts as they appear to him and was pressed to take immediate action. particularly where the accused is positively identified by an eyewitness and his participation is adequately established. Ernie‘s deliberate choice of something as lethal as the knife shows the presence of intelligence because it is his very awareness of the danger which prompted his choice. discernment is necessary whether the crime is dolo or culpa. imprudence. merely intelligence. 1) Would the stabbing be lawful if the facts were really what the houseboy believed? Yes. In People vs. (c) That the mistake must be without fault or carelessness on the part of the accused. Is culpa merely a mode of committing a crime or a crime in itself? (a) AS A MODE (1) Mistake of Fact (ignorantia facti excusat) (ASKED ONCE IN BAR EXAMS) It is a reasonable misapprehension of fact on the part of the person causing injury to another. lack of foresight or lack of skill. where there is no intent to consider. Was the houseboy‘s intention lawful? Yes.15 Thus. If it was really the robber and not the roommate then the houseboy was justified. He was acting out of self-preservation. Delos Santos (2003): Delos Santos stabs Flores with a kitchen knife hitting him on the different parts of his body. Ah Chong (1910): A cook who stabs his roommate in the dark. mistake of fact is NOT availing in People v. Therefore. (b) That the intention of the accused in performing the act should be lawful. so that means he desires to kill Bert. His deliberate intent to defend himself with the knife can be determined by the fact that he cried out sufficient warnings prior to the act. (It is only when the fugitive is determined to fight the officers of law trying to catch him that killing the former would be justified) (2) Culpa (CONSTRUCTIVE INTENT) Although there is no intentional felony. 1988 . Cordova 1993 16 People v. 257). He then argues that since the prosecution witnesses testified that there was no altercation between him and Flores. it becomes material only when the evidence is circumstantial or inconclusive and there is some doubt on whether the accused had committed it. the injury caused being simply the incident of another act performed without malice. inflicting upon him mortal wounds which directly caused his death. 15 People v. what is involved is the lack of intent on the part of the accused. Such person is NOT criminally liable as he acted without criminal intent. the court finds that no such doubt exists. Was the houseboy without fault or negligence? Yes. there could be culpable felony. Under this principle. Proof of motive is not indispensable for a conviction. Requisites: (a) That the act done would have been lawful had the facts been as the accused believed them to be. the court ruled that in the crime of murder. as witnesses De Leon and Tablate positively identified Delos Santos. This only means that he knew what is right from wrong and deliberately chose to do what is wrong. Held: The court held that the argument of Delos Santos is inconsequential. However. the former suitor. without first ascertaining his identity. Note: Discernment does not indicate the presence of intent.

 The gravity of the consequences is only taken into account to determine the penalty. whether the injurious result should affect one person or several persons. 365 of the RPC lies in the execution of an imprudent act which would be punishable as a felony. Buno (1966):  The principle about the "last clear chance" 30 Act of Dolo OR Act of Culpa FELONY People vs. physical injuries through reckless imprudence for which he was tried and acquitted. Faller (1939): It was stated indirectly that criminal negligence or culpa is just a mode of incurring criminal liability. The Supreme Court pointed out that although the allegation in the information charged the accused with an intentional felony.  Once convicted or acquitted of a specific act of reckless imprudence. It does not qualify the substance of the offense.  For the essence of the quasi-offense under Art. simple or reckless.CRIMINAL LAW REVIEWER Under Art. failure to pay proper attention. The concept of criminal negligence is the inexcusable lack of precaution on the part of the person performing or failing to perform an act.  The law penalizes the negligent act and not the result. People v. Reason for punishing acts of negligence or imprudence: A man must use his common sense and exercise due reflection in all his acts. In this case. Act of Dolo OR Act of Culpa INTENTIONAL CRIMINAL NEGLIGENCE (ART 365) Requisites: FELONIES (a) Freedom (b) Intelligence (c) Negligence.  As the careless act is single. foresight or lack of skill. Imprudence . careful and prudent. by the exercise of reasonable care and prudence. covers not only dolo but also culpa because culpa is just a mode of committing a felony. (b) AS A CRIME In Art. the offense remains one and the same. Held: The second case must be dismissed. it is clear that culpa is just a modality by which a felony may be committed. Allegedly because of his recklessness. 365 creates a distinction between imprudence and negligence. one might think that criminal negligence is the one being punished.Indicates deficiency of perception. a case for serious physical injuries and damage to property through reckless imprudence was filed. A case was filed against the accused for slight . Importance: cannot be held to the same conduct as one who has had an opportunity to reflect. the accused may not be prosecuted again for the same act. there is no malicious mischief through simple negligence or reckless imprudence because it requires deliberateness. the accused was charged with malicious mischief. But: The doctrine is not applicable in criminal cases: Anuran v. even though it later appears that he made the wrong decision. and cannot be split into different crimes and prosecutions. Prior to his acquittal. have avoided the consequences of the negligence of the injured party.Indicates deficiency of action. criminal negligence is an omission which the article specifically penalizes. Negligence . Thus. Buan (1968): The accused was driving a passenger bus. Art. 365. Accused claimed that he was placed in twice in jeopardy. it is his duty to be cautious. yet the words feloniously and unlawfully. 3. (b) Doctrine Of ―Last Clear Chance‖ lack of The contributory negligence of the party injured will NOT defeat the action if it be shown that the accused might. DOCTRINES CONCERNING CULPABLE CRIMES (a) Emergency Rule  A person who is confronted with a sudden emergency may be left no time for thought so he must make a speedy decision based largely upon impulse or instinct. Usually involves lack of foresight. failure to take the necessary precaution to avoid injury to person or damage to property. reckless imprudence. which are standard languages in an information. Usually involves lack of skill. Malicious mischief is an intentional negligence under Article 327. and to use diligence in foreseeing the injury or damage impending to be caused. the bus collided with a jeep injuring the passengers of the latter.

Note: Since the offender in an impossible crime has already performed the acts for the execution of the same. but subjectively. These dynamics cannot be replicated in a criminal case because: i. the offender has not committed a felony. the burden of evidence shifts to the accused. 255) (e) Abortion (Arts. Impossible Crimes Purpose of punishing impossible crimes: To suppress criminal propensity or criminal tendencies. The accused is not a principal to an impossible crime but an accessory to the killing committed by the principal (People v. 248) (c) Homicide (Art. The prosecution must first identify what the accused failed to do. The accused must show that the failure did not set in motion the chain of events leading to the injury. He was later shot in the back to make it appear that he was killed while trying to escape.  The offender intends to commit a felony against persons or against property.A) Felonies against property: (a) Robbery (Arts. and d. the motive. There is no frustrated impossible crime either. 262. Saladino). b. 294. 17 Carillo vs People. he is a criminal.17 D.   (3) That its accomplishment is inherently impossible. there is a performance of the intended physical act. Note: In the Philippines. 298. 257. 266. there could be no attempted impossible crime. 306 and 307) 31   It is not a case between two parties involved in an incident but rather between an individual and the State. 249) (d) Infanticide (Art. There must be either (1) legal impossibility or (2) physical impossibility of accomplishing the intended act. the liability is penal in nature and thus cannot be transferred within the same case Inherent impossibility: The act intended by the offender is by its nature one of impossible accomplishment. It must be shown that the actor performed the act with the intent to do an injury to another. Last Clear Chance is a defense by the defendant in a damage suit against liability by transferring it to the plaintiff. Felonies against persons: (a) Parricide (Art. would not amount to a crime. (c) Rule Of Negative Ingredient This is related to the doctrine of proximate cause and applicable when certain causes leading to the result are not identifiable. For it would be inequitable to exempt the negligent driver of the jeepney and its owners on the ground that the other driver was likewise guilty of negligence. CA) Physical or factual impossibility: Extraneous circumstances unknown to the actor or beyond his control prevent the consummation of the intended crime. This rule states that: i.CRIMINAL LAW REVIEWER  would call for application in a suit between the owners and drivers of the two colliding vehicles. Legal impossibility: The intended acts. (4) That the act performed should not constitute a violation of another provision of the RPC. (2) That the act was done with evil intent. and the act performed would have been an offense against persons or property. Illustration: The victim was tortured to death. 264. the consequence resulting from the intended act does not amount to a crime. 256. impossibility of accomplishing the criminal intent is not merely a defense but an act penalized by itself. Objectively. Once this is done. 1994 . However. desire and expectation is to perform an act in violation of the law. (Intod v. for otherwise. ii. 258 and 259) (f) Duel (Arts. 302 and 303) (b) Brigandage (Arts. iii. 265 and 266) (h) Rape (Art. It does not arise where a passenger demands responsibility from the carrier to enforce its contractual obligation. 299. 246) (b) Murder (Art. or that the means employed is either inadequate or ineffectual. 297. because the acts performed by the offender are considered as constituting a consummated offense. 300. he would be liable for that felony. it should not be actually performed. Requisites: (1) That the act performed would be an offense against persons or property. Legal impossibility would apply to those circumstances where: a. there is intention to perform the physical act. c. even if completed. 260 and 261) (g) Physical injuries (Arts. 263.

 Eventually the culprits were prosecuted and convicted by the trial court for attempted murder. b. be having carnal knowledge of the victim. 32 E. Development of a Crime ELEMENTS OF CRIMINAL LIABILITY Actus Reus Mens Rea Concurrence Result Causation IMPOSSIBLE CRIME Lacking due to: i. 329. Stages of Execution Classification Under Art. 314) Swindling and other deceits (Art. ideas and plans. 320. Overt act: Some physical activity or deed (but not necessarily physical. went to the intended victim‘s house and after having pinpointed the latter‘s bedroom. thinking that the intended victim was already there as it was about 10:00 in the evening. Rait v. 308. 322. People (2008): The Court found that the petitioner‘s acts of successfully removing victim‘s clothing and inserting his finger to the victim‘s vagina were overt or external acts in the crime of rape. inherent impossibility ii. do not produce it by reason of causes independent of the will of the perpetrator. petitioner-accused was sentenced to imprisonment of only six months of arresto mayor for the felonious act he committed with intent to kill: this despite the destruction done to the intended victim‘s house. Had it not been for the victim‘s strong physical resistance. logically. petitioner‘s next step would. will logically and necessarily ripen into a concrete offense.  CA affirmed the judgment but the SC modified the same and held the petitioner liable only for the so-called impossible crime. 312 and 313) Culpable Insolvency (Art. nevertheless. 330 and 331) Modified concept of impossible crime Intod v. more than a mere planning or preparation.CRIMINAL LAW REVIEWER (c) (d) (e) (f) Theft (Arts. The intention and act must concur. Consummated Felony When all the elements necessary for its execution and accomplishment are present. some but not all acts of execution     FRUSTRATED CONSUMMATED           a. depending on the nature of the felony) indicating the intention to commit a particular crime. generally not punishable. the felony is produced. 321. b. 315. Attempted Felony When the offender commences the commission of a felony directly by overt acts. which if carried to its complete termination following its natural course. Illustration: Ernie plans to kill Bert (2) External acts .  As a result. 317 and 318) (g) Chattel Mortgage (Art. 328. employment of inadequate means     ATTEMPTED Intervention other than own desistance. CA (1992):  In this case. 316. without being frustrated by external obstacles nor by the voluntary desistance of the perpetrator. (2) Such external acts have a direct connection with the crime intended to be committed. Development of a crime (1) Internal acts Intent. Frustrated Felony When the offender performs all the acts of execution which would produce the felony as a consequence but which. Overt act A commission of the felony is deemed commenced when the following are present: (1) There are external acts. all four fired at and riddled the said room with bullets. 6 a. 310 and 311) Usurpation (Arts. all armed with firearms and with intent to kill.  It so happened that the intended victim did not come home that evening and so was not in her bedroom at that time. four culprits. 319) (h) Arson and other crimes involving destruction (Arts. 327. c. The acts were clearly the first or some subsequent step in a direct movement towards the commission of the offense after the preparations are made. 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. 323. 325 and 326) (i) Malicious mischief (Arts. 324.

(2) He does not perform all the acts of execution which should produce the felony. (3) The non-performance of all acts of execution was due to cause or accident other than his own spontaneous desistance. Art. Note: Desistance is true only in the attempted stage of the felony. starting from the point where the offender begins the commission of the crime to that point where he still has control over his acts including their (act‘s) natural course If between those two points. Punishable under the RPC. However. including their natural cause. If the felony is already in its frustrated stage. 304 – possession of picklocks)  Proposal and conspiracy to commit a felony are not punishable except when the law provides for their punishment in certain felonies. the offender is stopped by reason of any cause outside of his own voluntary desistance. Bert felt the movement and turned.  Intent not yet disclosed.That portion of the acts constituting a crime. and not from his admission. The intention of the accused must be viewed from the nature of the acts executed by him. Elements: (1) The offender commences the commission of the felony directly by overt acts. desistance will NOT negate criminal liability.  Ordinarily not punished except when considered by law as independent crimes (i. Illustration: The subjective phase for Ernie was from the moment he swung his arm to stab Bert up until he finished his stroke.  Ernie would not be liable for attempted murder because of his desistance (regardless of his reason for doing so)  His liability would now be for serious physical injuries because his act of raising the knife was the proximate cause for Bert losing an eye. Attempted and Frustrated Felonies The difference between the attempted stage and the frustrated stage lies in: whether the offender has performed all the acts of execution for the accomplishment of a felony.  These acts do not yet constitute even the first stage of the acts of execution. He was so shocked that he suddenly backed away and tripped over his own feet.e. . his left eye caught the sharp corner of a table causing a puncture on his eyeball rendering him completely blind on the left side. Attempted Stage But. Its nature in relation to its objective is ambiguous. Why Position in the Timeline a. The offender will still be criminally liable for the felony brought about by his act. Attempted Felony Illustration: Ernie stabs Bert Indeterminate offense It is one where the purpose of the offender in performing an act is not certain. Desistance – is an absolutory cause which negates criminal liability because the law encourages a person to desist from committing a crime.   (b) Acts of Execution Usually overt acts with a logical relation to a particular concrete offense. Frustrated Felony All acts of execution are finished BUT Crime sought to be committed is not achieved Due to intervening causes independent of the will of the perpetrator Offender is already in the objective phase because all acts of execution are already present and the cause of its nonaccomplishment is other than the offender‘s will 33 Acts Performed Overt acts of execution are started BUT Not all acts of execution are present Due to reasons other than the spontaneous desistance of the perpetrator Offender still in subjective phase because he still has control of his acts. Illustration: Supposing Ernie (because he thought killing Bert was too easy a revenge) desisted midstroke. Marks the commencement of the subjective phase: Subjective phase . As Bert went down. if the desistance was made when acts done by him already resulted in a felony. it does not negate all criminal liability.CRIMINAL LAW REVIEWER (a) Preparatory Acts  Acts tending toward the crime. the subjective phase has not been passed and it is merely an attempt. but there may be other felonies arising from his act. This is the interim where he still has control of his actions. Illustration: Ernie goes to the kitchen to get a knife. What is negated is only the attempted stage.

He was already able to detach two panels. since the act of removing the panel indicates only at most the intention to enter. to cause physical injury to the inmates. against his will. Held: 1) The SC held that the crime is a frustrated felony not an attempted offense considering that after being stabbed and clubbed twice in the head as a result of which he lost consciousness and fell.  Where entry into the labia has not been established. The hymen of the victim was still intact. Frustrated Stage 34 The word ―directly‖ emphasizes the requirement that the attempted felony is that which is directly linked to the overt act performed by the offender. Crimes which do not admit of frustrated stage (a) Rape  The essence of the crime is carnal knowledge. even if there be no rupture of the hymen or laceration of the vagina.  The prosecution did not prove that Campuhan‘s penis was able to penetrate victim‘s vagina because the kneeling position of the accused obstructed the mother‘s view of the alleged sexual contact. if there was no penetration yet. (2) All the acts performed would produce the felony as a consequence. to be an attempted crime. not the felony he has in his mind. by some outside cause from performing all of the acts which should produce the crime. of the pudendum.  No matter what the offender may do to accomplish a penetration. that is. the definition uses the word “directly. Marlon.  Mere touching of external genitalia by the penis is already rape. after beginning the commission of the crime by overt acts. b. The removal of the paneling is just an attempt to trespass. Objective phase – the result of the acts of execution. 2) A crime cannot be held to be attempted unless the offender. to warrant a conviction for consummated rape. Lamahang (1935): The accused was arrested while he was detaching some of the wood panels of a store. the purpose of the offender must be thwarted by a foreign force or agency which intervenes and compels him to stop prior to the moment when he has performed all of the acts which should produce the crime as a consequence. Held: In criminal law. (3) But the felony is not produced. Marlon's attackers apparently thought he was already dead and fled. the crime amounts to an attempted rape. which acts it is his intention to perform. he can only be prosecuted for trespass. the accomplishment of the crime. not an attempt to rob. already criminal offenses. but which are. However. (4) By reason of causes independent of the will of the perpetrator. People v. If the subjective and objective phases have been passed there is a consummated felony. One stabbed Jeonito from behind. The testimony of the victim herself claimed that penis grazed but did not penetrate her organ. was to rob. the Supreme Court held that he is only liable for attempted trespass because that is the crime that can be directly linked to his act of removing the wood panel. Jeonito‘s brother. 3) In other words.  Requires entry into the labia. There are some acts which are ingredients of a certain crime. it cannot be said that the offender has performed all the acts of execution. . People v. a question arises whether what transpired was attempted or consummated rape. once he succeeded in entering the store.CRIMINAL LAW REVIEWER In the attempted stage. it cannot be an attempt. Orita that entry into labia is considered rape even without rupture and full penetration of the hymen. was hit on the head. 4) If he has performed all the acts which should result in the consummation of the crime and voluntarily desists from proceeding further. People v. Campuhan (2000): The mother of the 4-year-old victim caught the houseboy Campuhan in the act of almost raping her daughter. in the ordinary sense.  Touching should be understood as inherently part of entry of penis penetration and not mere touching. is prevented. Held:  There was only attempted rape. since it was decided in People v. There is nothing in the record to justify a concrete finding that his final objective.‖  There was only a shelling of the castle but no bombardment of the drawbridge yet. The end of the subjective phase and the beginning of the objective phase. by themselves. Listerio (2000): Brothers Jeonito and Marlon were walking when they met a group composed of men who blocked their path and attacked them with lead pipes and bladed weapons. or to commit any other offense. Elements (1) The offender performs all the acts of execution. Although Lamahang was charged with attempted robbery.

he omits to perform an act which the law requires him to do. The manner of committing the crime. frustrated or consummated stage. (a) Ex. If the eye suffered damage due to the impact. but there is no meeting of the minds. (b) Arson  One cannot say that the offender. the offense is consummated.CRIMINAL LAW REVIEWER We can only say that the offender in rape has performed all the acts of execution when he has effected a penetration. Flight to enemy‘s country (Art. it is only attempted. its gravity . the only act done by the giver is an attempt. The Manner of Committing the Crime (1) Formal Crimes . Factors in Determining the Stage of Execution of a Felony a.  If there is a meeting of the minds. in the crime of arson. because the offender does not execute acts. Once there is penetration. (a) Ex. (b) When the giver delivers the money to the supposed receiver. Campuhan for the most recent doctrine on penetration). Rule of thumb: Felonies that do not require any result do not have a frustrated stage. (see the previously cited case of People v. rape admits only of the attempted and consummated stages. no matter how slight it is. The elements of the crime. (a) In bribery. He would have no liability if the eye was intact.  35 People v. there is no chain of acts that can be severed. the crime is consummated. once the offender performs the act in the manner provided for in the law. The nature of the crime itself. there is consummated bribery or consummated corruption. There is the need to categorize because there are specific articles that apply whether the physical injuries are serious. The consummation of the crime of arson does not depend upon the extent of the damage caused.  If that link is present. (2) Crimes consummated by mere attempt or proposal by overt act. no frustrated stage. (5) Material Crimes – have three stages of execution Thus.  The crime of arson is therefore consummated even if only a portion of the wall or any part of the house is burned. unless a part of the premises has begun to burn. HE IS ALREADY DEEMED TO HAVE PERFORMED EVERY ACT FOR ITS EXECUTION.e. less serious or slight. (d) Adultery  This requires the sexual contact between two participants. the manner of committing the crime requires the meeting of the minds between the giver and the receiver. Illustration: When Bert lost his left eye. i. depending on the duration that it took for the damage to heal. 340) (3) Felony by omission (a) There can be no attempted stage when the felony is by omission.  There is no simple crime of physical injuries. (e) Physical Injuries  Under the Revised Penal Code.  Disposition of the stolen goods is not an element of theft under the RPC. Slander and false testimony (b) There can be no attempt. 121) and corruption of minors (Art. b. one could not punish the attempted or frustrated stage because one does not know what degree of physical injury was committed unless it is consummated. (4) Crimes requiring the intervention of two persons to commit them are consummated by mere agreement. Ernie‘s liability was automatically for serious physical injuries. and c. the crime would not be frustrated nor attempted physical injuries because the RPC still considers this as a consummated physical injury. (People v. because between the thought and the deed. the crime of physical injuries is penalized on the basis of the gravity of the injuries. These three factors are helpful in trying to pinpoint whether the crime is still in its attempted. (f) Theft  Once there is unlawful taking.  If there is none. no attempt.  Either the thing was taken or not.consummated in one instant. Hernandez) (c) Bribery and Corruption of Public Officers  The manner of committing the crime requires the meeting of the minds between the giver and the receiver. theft is consummated. a. has already performed all the acts of execution which could produce the destruction of the premises through the use of fire. Orita (1990): For this reason. the manner of execution becomes pivotal in determining the end of the subjective phase.  Thus. in determining the stage of some crimes.

homicide. and (2) That he proposes its execution to some other person or persons. damage or intent to cause damage is not an element of theft. because it is only then that death will follow. F.. 115) and proposal to commit coup d‘état. etc. 136) (3) Rebellion (Art. The Elements of the Crime (1) Along with the manner of execution. espionage (Art. 147) (8) Highway Robbery (P. 136) (4) Inducement not to answer summons. not a separate offense. 36 b.A. rebellion or insurrection (Art. the element of damage is essential before the crime could be consummated. 136) (3) Insurrection (Art. C. EXCEPTION: Unless one or some of the conspirators committed some other crime which is not part of the conspiracy. distinguished from conspiracy as a manner of incurring criminal liability:  As a felony. 616) (10) Selected acts under the Dangerous Drugs Acts (11) Arson (12) Terrorism (R. EXCEPTION: They are punishable only in the cases in which the law specially provides a penalty therefore. irrespective of the quantity or quality of his participation is liable equally. 186) (7) Illegal association (Art. Requisites of conspiracy: (1) Two or more persons come to an agreement. Conspiracy and Proposal Conspiracy – exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. appear or be sworn in Congress. and murder). if they commit treason. whether conspiracy is pre-planned or instantaneous. the general rule is that there must be a fatal injury inflicted. etc. Note: There must be participation in the criminal resolution because simple knowledge thereof by a person may only make him liable as an accomplice. 115) (2) Rebellion (Art. Hence. not even gain is important. EXCEPTION TO THE EXCEPTION: When the act constitutes a ―single indivisible offense. Conspiracy as a felony. (Art.CRIMINAL LAW REVIEWER (4) Coup d’état. the crucial element is the taking away of the woman with lewd designs. there are crimes wherein the existence of certain elements becomes the factor in determining its consummation.  Agreement presupposes meeting of the minds of two or more persons (2) The agreement pertains to a commission of a felony. The Nature of the Crime Itself In defining of the frustrated stage of crimes involving the taking of human life (parricide. In conspiracy. 115) (2) Coup d’ etat (Art. rebellion. they will be held liable for it. if it were a crime of theft. it being sufficient that two or more persons agree and decide to commit it. (3) The execution of the felony was decided upon. and the conspiracy which they had before committing the crime is only a manner of incurring criminal liability. 8. Conspiracy to commit (1) Treason (Art. all who participated therein. (2) In the crime of estafa. insurrection.‖ Proposal to commit a felony .D.when the person who has decided to commit a felony proposes its execution to some other person or persons.. GENERAL RULE: Conspiracy and proposal to commit a felony are not punishable.  Agreement to effect what has been conceived and determined. 532) (9) Espionage (Sec. If there is no damage. 141) (6) Monopolies and combinations in restraint of trade. (4) What is necessary only is intent to gain. 150) Rationale: Conspiracy and proposal to commit a crime are only preparatory acts and the law regards them as innocent or at least permissible except in rare and exceptional cases. (Art. 9372) Proposal to commit – (1) Treason (Art. RPC) Examples: Proposal to commit treason (Art.  As a manner of incurring criminal liability. RPC). the act of one is the act of all. GENERAL RULE: When the conspiracy is established. Requisites: (1) That a person has decided to commit a felony. (Article 8.A. etc. rebellion. (Art. conspirators do not need to actually commit treason. 136). 136) (5) Sedition (Art. even if the offender succeeded in carting away the personal property involved. it is indispensable that the victim be mortally wounded. estafa cannot be considered as consummated. 136) . (3) On the other hand. (5) In the crime of abduction. c. 3.

Comadre (2004):  To establish conspiracy. Before this stage. shall not render one criminally liable as co-conspirator. Note: It is not necessary that the person to whom the proposal is made agrees to commit treason or rebellion. B and C learned about this. As pointed out earlier. and that each of the participants is liable only for his own acts. were in fact concerted and cooperative. Illustration: A. one performing one part and the other performing another for the attainment of the same objective. they even visited the lady on intervening hours. method. Because of this. and that their acts. When several persons who do not know each other simultaneously attack the victim. The goons got hold of her husband and started mauling him. Talaogan (2008): Direct proof is not required.  In the absence of any previous plan or agreement to commit a crime. But the Supreme Court said that there was desistance. People v. indicating closeness of personal association. At that 37 . It may be established through the collective acts of the accused before. She hired some persons to kill him. the young lady agreed to marry D. community of interest and in the mode and manner of commission of the offense. Bagano) A conspiracy is possible even when participants are not known to each other. When A. B and C became hostile with one another. The wife ran away. concrete and formal proposal. do not consider the degree of participation of each conspiracy because the act of one is the act of all. (3) It is not the execution of a felony that is proposed. Pangilinan (2003): Doctrine of Implied Conspiracy (ASKED 1 TIME IN BAR EXAMS) – Conspiracy need not be direct but may be inferred from the conduct of the parties. they all stood up to leave the house of the young lady feeling disappointed. evidence of actual cooperation rather than mere cognizance or approval of an illegal act is required. Legal effects of implied conspiracy are:  Not all those present at the crime scene will be considered conspirators. As a general rule.CRIMINAL LAW REVIEWER There is no criminal proposal when: (1) The person who proposes is not determined to commit the felony. and manner by which the offense was perpetrated. Everyone will be liable for the consequences. The wife was prosecuted for parricide. Laurio (1991): It must be established by positive and conclusive evidence. direct proof is not essential to show it – it may be deduced from the mode. People v. Consequently. People v. or inferred from the acts of the accused themselves when such acts point to a joint purpose and design. (2) There is no decided. A. desistance is true only in the attempted stage. concerted action and concurrence of sentiments. The wife took pity and shouted for them to stop but the goons continued. their joint purpose.  Only those who participated in the criminal acts during the commission of the crime will be considered co-conspirators. concerted action and community of interest. D invited the young lady to go out with him and she accepted the invitation. there is only a preparatory stage.  Conspiracy is never presumed. Illustration: A thought of having her husband killed because the latter was maltreating her. And when conspiracy exists. The accused herein were shown to have clearly acted towards a common goal. regardless of the degree of injury inflicted by any one of them. People v. without any act of criminal participation. B and C have been courting the same lady for several years. as conspiracy may be proved by circumstantial evidence. he saw D laughing menacingly.  Mere acquiescence to or approval of the commission of the crime. People v. On several occasions. One who desisted is not criminally liable. the act of one is the act of all. not by conjectures or speculations. conspiracy exists. When A looked back at the young lady with D. One day. (People v. so she is not criminally liable. If they acted simultaneously to bring about their common intention. they have equal responsibility. Do not search for an agreement among participants. Cenahonon (2007): While it is mandatory to prove conspiracy by competent evidence. direct proof is not essential to establish it. Conspiracy is only in the preparatory stage. Eventually. though apparently independent. the criminal responsibility arising from different acts directed against one and the same person is individual and not collective. People v.  Mere presence of a person at the scene of the crime does not make him a conspirator for conspiracy transcends companionship. during and after the commission of a felony that all the accused aimed at the same object. it must be shown to exist as clearly and convincingly as the commission of the crime itself. Bello (2004): Conspiracy is predominantly a state of mind as it involves the meeting of the minds and intent of the malefactors.

Thus. (1991): The idea of a conspiracy is incompatible with the idea of a free-for-all. CA. The taxi driver did not really stay during the commission of the robbery. It was held that the taxi driver was liable only as an accomplice. C and B followed. having community of design with the principal does not prevent a malefactor from being regarded as an accomplice if his role in the perpetration of the homicide or murder was. At most. on the other hand. (b) if a rape was committed and the lookout was present but did not try to prevent it. 38 In some exceptional situations. and the taxi driver was present during the planning. It is not enough that the attack be joint and simultaneous. is liable for all assaults. he took the conspirators back to his taxi and brought them away. inclusive of rape and homicide. There is no definite opponent or definite intent as when a basketball crowd beats a referee to death. Distinctions between the liability of a conspirator and that of a member of a band where the crime committed is robbery which is attended by other crimes. it is necessary that the assailants be animated by one and the same purpose. and (c) if the lookout was not present when the homicide was committed. (People v. (People v. he will not be liable for the rape . it was held that conspiracy was present. The robbers could have engaged another taxi. In this case. rape is not a foreseeable consequence. A conspiracy must be shown to exist as clearly and convincingly as the crime itself. The taxi driver agreed for the use of his cab but said. A stabbed D. His cooperation was not really indispensable. and after committing the robbery I will return later. if the conspiracy is only to rob the victim. but he will still be liable for the homicide under the conspiracy theory. After the robbery was finished. (1) A conspirator is liable only for such other crimes which could be foreseen and which are the natural and logical consequences of the conspiracy. he will be liable under the cuadrilla rule. Siton v. 296 (2). RPC). both rules may apply. of a minor character. in this manner: (a) If a homicide was committed.‖ The taxi driver brought the conspirators where the robbery would be committed.CRIMINAL LAW REVIEWER instance. what he only extended was his cooperation. the lookout is liable therefore under the conspiracy theory. where he was present when these crimes were being committed but he did not attempt to prevent the same. relatively speaking. Nierra) Illustration: There was a planned robbery. ―I will bring you there. (Art. Castillo) (2) A member of a band in a robbery cuadrilla. (3) If both conspiracy to rob and cuadrilla are present.

 QUANTUM OF PROOF: Conspiracy as a crime must be established beyond reasonable doubt AS A BASIS FOR LIABILITY Executory acts Commission of overt act  Participants acted in concert or simultaneously or IN ANY WAY which is indicative of a meeting of the minds towards a common criminal goal or criminal objective. But when one of them draws a gun and disarms the security guard. 39 AS A FELONY IN ITSELF Preparatory acts Mere agreement  The RPC must specifically punish the act of conspiring (and proposing)  The act MUST NOT BE ACCOMPLISHED. C and D came to an agreement to commit rebellion. if there is only conspiracy or proposal. the crime of all is no longer conspiracy but rebellion itself. else the conspiracy is obliterated and the ACT ITSELF IS PUNISHED. (People v. theft 4. Art. Art. This subsists even though the other co-conspirators do not know that one of them had already done the act of rebellion. Three persons plan to rob a bank. 14 (10) Sufficient that the offender have been previously convicted by final judgment for another crime embraced in the same title of the Code on the date of his trial No period of time The second conviction for The previous and an offense embraced in subsequent offenses must the same title of RPC NOT be embraced in the Quasi-Recidivism. B. 14 (9) Repetition. THERE IS NO CRIME TO BE PUNISHED. but he tried to prevent the commission of the crime. unless a coconspirator was absent from the scene of the crime or he showed up. Their agreement was to ring about the rebellion on a certain date.  THE ACT MUST BE ACCOMPLISHED.  QUANTUM OF PROOF: Reasonably inferred from the acts of the offenders when such acts disclose or show a common pursuit of the criminal objective. estafa 5. less serious or serious physical injuries 2. there is already criminal liability arising from the conspiracy to commit the rebellion. the offender commits a felony (NOT a crime) Before serving or while serving sentence Offender commits a felony Habitual Delinquency. 62 (5) Specified: 1. Art.CRIMINAL LAW REVIEWER 2 Concepts of Conspiracy How incurred Stage Legal requirements Illustration A. Habituality/Reiteracion/ Art. Even if none of them has performed the act of rebellion. falsification Within 10 years from his last release or conviction Guilty the third time or oftener Crimes committed Necessary that the offender shall have served out his sentence for the first offense Period of time the crimes are committed Number of crimes committed . 160 Before serving or while serving sentence. But if anyone of them has committed the overt act of rebellion.  The act of meeting together is not necessary as long as a common objective can be discerned from the overt acts. For as long as the conspirators merely entered the bank there is no crime yet. all of them shall be held liable. Multiple Offenders Recidivism/Reincindencia. robbery 3. Pinto) G.

160. Penalty. robbery. the third time or oftener Purpose of the law in imposing additional penalty To render more effective social defense and the reformation of habitual delinquents (REYES. Philosophy behind plural crimes Through the concept of plural crimes. theft. he again committed. as shown by his inclination to commit crimes A recidivist is one who. for two or more crimes to which it attaches lighter penalty than that for the new offense (3) He is convicted of the new offense H. estafa. (Reyes. Habitual Delinquency Art. within 10 years from his release or first conviction. RECIDIVISM There must be conviction by final judgment of the first or prior offense. who. Note: If by complexing the crime. OR b. Lagarto. Quasi-Recidivism Art. the penalty would turn out to be higher. the second offense. Abuyen) See also: Aggravating circumstances 2. shall have been previously convicted by final judgment of another crime embraced in the same title of the Revised Penal Code. he was again convicted of any of said offenses. PLURALITY OF CRIMES There is no conviction for any of the crimes committed. he is found guilty of any of said crimes a third time or oftener. within 10 years from his last release or last conviction. for another offense to which the law attaches an equal or greater penalty. 1991) Requisites (1) Offender is on trial for an offense (2) He was previously convicted by final judgment of another crime (3) Both the first and second offenses are embraced in the same title of the RPC (4) Offender is convicted of the new offense Note: What is controlling is the time of trial. although it is the penalty for the most serious one and is imposed in its maximum period. a person shall be deemed to be habitual delinquent. he again committed. For the purpose of this article. (People v. 3. — Besides the provisions of Rule 5 of Article 62. but of substance under the Revised Penal Code. and cannot be offset by any mitigating circumstance 40 Their effects If not offset by any mitigating circumstance. not the time of commission of the crime. Real or Material Plurality . last par. hurto estafa or falsification. The purpose of this is to allow leniency towards the offender. before beginning to serve such sentence. any person who shall commit a felony after having been convicted by final judgment. and. Recidivism Basis: the greater perversity of the offender. Commission of another crime during service of penalty imposed for another offense. he was again convicted of any of the said crimes for the second time (3) After his conviction of. Kinds of Plurality of Crimes a. Not always an aggravating increase the penalty only circumstance to the maximum An additional penalty shall be imposed 1.CRIMINAL LAW REVIEWER same title of the RPC Imposes the maximum of the penalty for the new offense. A Complex crime is not just a matter of penalty. Revised Penal Code) Requisites (1) Offender had been convicted of any of the crimes of serious or less serious physical injuries. quoting People v. if within a period of ten years from the date of his release or last conviction of the crimes of serious or less serious physical injuries. several crimes are treated as one. or falsification (2) After that conviction or after serving his sentence. do not complex anymore. Complex Crimes and Special Complex Crimes Plurality of Crimes (Concursu de delitos) (1) Consists of the successive execution (2) by the same individual (3) of different criminal acts (4) for any of which no conviction has yet been declared. 62. at the time of his trial for one crime. instead of being made to suffer distinct penalties for every resulting crime is made to suffer one penalty only. Habituality (Reiteracion) Basis: same as recidivism Requisites (1) Accused is on trial for an offense (2) He previously served sentence a. and. shall be punished by the maximum period of the penalty prescribed by law for the new felony. or after serving sentence for. robo. or while serving the same. 4.

the offender shall be prosecuted for as many crimes as are committed under separate information. the same to be applied in its maximum period. Then. a municipal mayor who accidentally discharged his revolver. Complex Crime Proper (Delito Complejo) An offense is a necessary means for committing the other. there is no complex crime at all. 1. (2) Divided into 3 groups: (a) Complex Crimes . The crime is a complex crime of homicide with assault upon a person in authority. Thus. if they result in separate crimes.CRIMINAL LAW REVIEWER (1) There are different crimes in law as well as in the conscience of the offender. there is only a single offense. But the two or more GRAVE or LESS GRAVE felonies must be (1) the result of a single act. 2. they constitute only one crime. Requisites: (1) That only a single act is performed by the offender Single Act Throwing a hand grenade A single bullet killing two person Several Acts Submachine gun – because of the number of bullets released Firing of the revolver twice in succession 41 (2) That the single acts produces: i. (b) Special Complex Crimes . killing a girl and injuring a boy was found guilty of complex crime of homicide with less serious physical injuries through reckless imprudence. when the offender executes various acts. slight physical injuries are absorbed. Compound Crime (Delito Compuesto) A single act results in two or more grave or less grave felonies. 2 or more grave felonies. there is only one penalty imposed for the commission of a complex crime.A single crime consisting of a series of acts but all arising from one criminal resolution. Illustration: When the crime is committed by force or violence. So that when an offender performed more than one act. 2 or more less grave felonies Light felonies produced by the same act should be treated and punished as separate offenses or may be absorbed by the grave felony. the offender shall be punished for each and every offense that he committed. or iii. Even in the case where an offense is a necessary means for committing the other. the evil intent of the offender is only one. Illustration: A stabbed B. Art. In complex crime. When in obedience to an order several accused simultaneously shot many persons. Hence.When the law specifically fixes a single penalty for 2 or more offenses committed.When the offender commits either of the complex crimes defined in Art. Nature of complex crimes Although two or more crimes are actually committed. he must have a single purpose. b. Two or more crimes are committed. 1 or more grave and 1 or more less grave felonies. Complex Crimes (ASKED 5 TIMES IN BAR EXAMS) Art. A also stabbed C. 48 of the Code. i. without evidence how many each killed. ii. and in the conscience of the offender. Committing one crime is not a necessary means for committing the other (or others) b. Compound crimes under Art. (2) In such cases. But: When there are several acts performed. (People v. 48 is also applicable to crimes through negligence. or when an offense is a necessary means for committing the other. People (2002): No complex crime when: 1. Monteverde vs. although similar. Formal or Ideal Plurality (1) There is but one criminal liability in this kind of plurality. but not by a single act. there being a single criminal impulse. Castro) Example of a compound crime: The victim was killed while discharging his duty as barangay captain to protect life and property and enforce law and order in his barrio. 48. instead. When a single act constitutes two or more grave or less grave felonies. the penalty for the most serious crime shall be imposed. There are two crimes committed. 48 requires the commission of at least 2 crimes. or ii. in the eyes of the law. Penalty for complex crimes. a. or (2) an offense must be a necessary means for committing the other. the assumption is that each act is impelled by a distinct Two kinds of complex crimes (ASKED 4 TIMES IN BAR EXAMS) . (c) Continuing and Continued Crimes .

merely constitutes a partial execution of a single particular delict. (f) When a complex crime is charged and one offense is not proven.A continuous. Special Complex Crimes (1) Robbery with Homicide (Art. but instead of imposing on the culprit different penalties for each theft committed. unlawful act or series of acts set on foot by a single impulse and operated by an unintermittent force. each one of which. (b) Not complex crime when trespass to dwelling is a direct means to commit a grave offense. 276 to 278) with any other felony. 3. or other common crimes (People v. there being unity of purpose and of right violated. Cuello Calon explains the delito continuado in this way: When the actor . after forcible abduction with rape.CRIMINAL LAW REVIEWER criminal impulse. 335) (7) Arson with homicide When crimes involved cannot be legally complexed. (2) Bribery (Art. (2) all those acts done in pursuance of the crime agreed upon are acts which constitute a single crime. but only the first part is applicable. 210) with infidelity in the custody of prisoners. robbery. Salazar). (3) Maltreatment of prisoners (Art. (f) There is no complex crime of rebellion with murder. (g) Art. Example: One who on several occasions steals wheat deposited in a granary. such delictual acts is called delito continuado. two or more 2. viz: (1) Malicious obtention or abusive service of search warrant (Art. No complex crime proper: (a) Subsequent acts of intercourse. the subsequent falsification of a public or official document involving said offense is a separate offense. Special Complex/Composite crimes The substance is made up of more than one crime but which in the eyes of the law is only (1) a single indivisible offense. and (5) Abandonment of persons in danger (Art. (4) Usurpation of real rights (Art. The second part of Art. grave or less grave felonies resulted. consisting of a series of acts but all arising from one criminal resolution. although of a delictual character. yet these component criminal offenses should be considered only as a single crime in law on which a single penalty is imposed because the offender was impelled by a ―single criminal impulse‖ which shows his lesser degree of perversity. (b) The penalty for complex crime is the penalty for the most serious crime. 275) and crimes against minors (Art. referring to the complex crime proper because this applies or refers only to a deliberate commission of one offense to commit another offense. Each abstraction constitutes theft. 267 (3)) (5) Kidnapping with rape (6) Rape with Homicide (Art. Hernandez. 294 (1)) (2) Robbery with Rape (Art. commits diverse acts. Comadre (2004): The single act by appellant of detonating a hand grenade may quantitatively constitute a cluster of several separate and distinct offenses. i. 129) with perjury. the accused can be convicted of the other. arson. 312) with serious physical injuries. hence each will have a separate penalty. when one offense is committed to conceal the other. 48 applies only to cases where the Code does not provide a definite specific penalty for a complex crime. (c) When two felonies constituting a complex crime are punishable by imprisonment and fine. Continuing offense . the court of higher jurisdiction shall try the complex crime. 294 (2)) (3) Robbery with Arson (4) Kidnapping with serious physical injuries (Art.e. (c) No complex crime. (h) When the other crime is an indispensable element of the other offense. 48 also applies in cases when out of a single act of negligence or imprudence. . the same to be applied in its maximum period. only the penalty of imprisonment should be imposed. 48 does not apply. compound crime. he is punished for only one ―hurto continuado‖ for the total sum or value abstracted. however long a time it may occupy. (e) No complex crime where one of the offenses is penalized by a special law. Continued and Continuing Crimes (Delito Continuado) Continued crime (continuous or continuing) . General rules in complexing crimes: (a) When two crimes produced by a single act are respectively within the exclusive jurisdiction of two courts of different jurisdiction. Note: The phrase ―necessary means‖ does not mean ―indispensable means‖ People vs. (g) In case of continuous crimes. (e) One information should be filed when a complex crime is committed. 42 Requisites: (1) That at least two 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. respectively.A single crime. (d) Art. are separate acts of rape. 235) with serious physical injuries. (d) When the offender already had in his possession the funds which he misappropriated. Enrile v.

1955 and the other from January 1956 to July 1956. A continued crime is different from a transitory crime (moving crime. Real or material Continued Crime plurality There is a series of acts performed by the offender. because there is a unity of thought in the criminal purpose of the offender. CIV: Several malversations committed in May. People v. ii. only one penalty shall be imposed.  The act of one is the act of all. The different acts Each act performed constitute only one constitutes a separate crime because all of the crime because each act acts performed arise is generated by a from one criminal criminal impulse resolution. iii. The accused was animated by a single criminal impulse. taking of several things.  The offender here does not perform a single act. People v. (ASKED TWICE IN BAR EXAMS) While Article 48 speaks of a complex crime where a single act constitutes two or more grave or less grave offenses. but a series of acts.  Some of the accused killed their victims in one place within the same penitentiary. June and July 1936 and falsifications to conceal said offenses committed in August and October. the following cases have been treated as constituting one crime only: i. TIP: If confronted with a problem. In the THEFT cases: The trend is to follow the single larceny doctrine: i. A continued crime is not a complex crime. People v. Applying the concept of the ―continued crime‖. (1961): Two estafa cases. People v. the offenders did not only kill one person but killed different persons.  Because there were several victims killed and some were mortally wounded. (1939): The theft of 13 cows belonging to two different persons committed by the accused at the same place and period of time. that of collecting fees for services rendered. because they acted in conspiracy or under the same criminal impulse:  it is necessary to embody these crimes under one single information. one which was committed during the period from January 19 to December.) in criminal procedure for purposes of determining venue. . the penalty is not to be imposed in its maximum period. and all acts of collection were made under the same criminal impulse. 1936. were considered by the Supreme Court as a complex crime when it is shown that the act is the product of one single criminal impulse. People v. some killed the others in another place within the same penitentiary. there is only one crime committed. De Leon (1926): a thief who took from a yard of a house two game roosters belonging to two different persons was ruled to have committed only one crime of theft. Hence. The Supreme Court declined to apply the concept in the following cases: i. because there is no other provision in the RPC. Tumlos.  It is necessary to consider them as complex crimes even if the essence of the crime does not fit the definition of Art 48. Garcia (1980):  The accused were convicts who were members of a certain gang and they conspired to kill the other gang. and one offense is not a necessary means for continuing the other. the criminal action may be instituted and tried in the court of the municipality. those cases involving a series of acts resulting to two or more grave and less grave felonies.  It is correct that when the offender acted in conspiracy. People v. The collections of legal fees were impelled by the same motive.  Hence. (1974): The theft of six roosters belonging to two different owners from the same coop and at the same period of time. Dichupa. Sabbun.  The Supreme Court ruled that all accused should be punished under one information because they acted in conspiracy.CRIMINAL LAW REVIEWER Although there is a series of acts. the accused should be held for the complex crime of multiple homicide with multiple frustrated homicide. ii. The malversations and falsifications were not the result of one resolution to embezzle and falsity. When a transitory crime is committed. city or province wherein any of the essential ingredients thereof took place. Although in this case. the Supreme Court has extended this class of complex crime to those cases when the offender performed not a single act but a series of acts as long as it is the product of a single criminal impulse People v. this crime is considered as one and prosecuted under one information. Said acts were committed on two different occasions. Jaranilla. (1964): The illegal charging of fees for service rendered by a lawyer every time he collected veteran‘s benefits on behalf of a client who agreed that attorney‘s fees shall be paid out of such benefits. whether belonging to the same or different owners.  There is a complex crime not only when there is a single act but a series of acts. the Supreme Court considered this as complex. ii. 43 Whenever the Supreme Court concludes that the criminals should be punished only once.

CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY A. Fulfillment of duty 6. CHAPTER III. Obedience to an order issued for some lawful purpose Justifying Circumstances – those where the act of a person is said to be in accordance with law. It is the obligation of taking the penal and civil consequences of the crime. Avoidance of a greater evil 5. When the aggression ceased to exist. responsibility implies that the person must take the consequences of such a deed. for a man cannot be made to answer for the consequences of a crime unless he is guilty. . ABSOLUTORY CAUSE JUSTIFYING NO WRONG No liability criminal EXEMPTING THERE IS A WRONG No criminal liability With civil liability Except: accident. Thus. It includes: a. (2) The aggression must constitute a violation of the law. EXCEPT: when the A. (Reyes. Note: The concept of delito continuado has been applied to crimes under special laws since in Art. there is no longer a necessity to defend one‘s self. 10. at the same time and place. The right to honor. showing the wrongful intent to cause harm. a slap on the face is considered as unlawful aggression since the face represents a person and his dignity. Narvaez) Unlawful aggression (1) Equivalent to an actual physical assault. the burden of evidence rests on the accused who must prove the circumstance by clear and convincing evidence. b. AGGRAVATING CIRCUMSTANCES E. such persons cannot be considered criminals. the enjoyment of which is protected by law. hence. Defense of strangers 4. 44 Abandoned is the doctrine that the government has the discretion to prosecute the accused for one offense or for as many distinct offenses as there are victims. so that such person is deemed not to have transgressed the law and is free from both criminal and civil liability. therefore. Art. constitutes one larceny only. 11. insuperable cause MITIGATING THERE IS A FELONY Decreased criminal liability With civil liability AGGRAVATING THERE IS A FELONY Increased liability criminal ALTERNATIVE THERE IS A FELONY Increased or decreased liability With civil liability  No civil liability Except: state of necessity With civil liability Imputability – is the quality by which an act may be ascribed to a person as it author or owner. Basis: Lack of criminal intent 1. be put down to th doer as his very own Responsibility – is the obligation of suffering the consequences of crime.CRIMINAL LAW REVIEWER iii. Revised Penal Code) An affirmative defense. There is NO crime committed. where the civil liability is borne by the persons benefited by the act. (Rugas vs. Defense of relatives 3. (People v. the RPC shall be supplementary to special laws. OR threatened assault of an immediate and imminent kind which is offensive and positively strong. Self Defense Includes not only the defense of the person or body of the one assaulted but also that of his rights. Elements: a. People) The defense of property rights can be invoked if there is an attack upon the property although it is not coupled with an attack upon the person of the owner of the premises. Imputability distinguished from responsibility – while imputability implies that a deed may be imputed to a person. Self defense 2. 4. Justifying Circumstances (ASKED 30 TIMES IN BAR EXAMS) FIVE TYPES of justifying circumstances: 1. EXEMPTING CIRCUMSTANCES C. the act being justified. MITIGATING CIRCUMSTANCES D. It implies that the act committed has been freely and consciously done and may. ALTERNATIVE CIRCUMSTANCES F. All the elements for justification must however be present. JUSTIFYING CIRCUMSTANCES B. There is no civil liability except in par. unless the latter provides the contrary. Hence. Guilt – is an element of responsibility.

The accused got mad so he got his shotgun and shot Fleischer. It must be real and imminent. Prosecution claimed that Dela Cruz and Rivera had a relationship and that the accused was madly in love with the deceased and was extremely jealous of another woman with whom Rivera also had a relationship. (6) Retaliation is different from an act of selfdefense. mortally wounding an assailant with a penknife is not a reasonably necessary means to repel fist blows. embraced and kissed her and touched her private parts. Held: She is justified in using the pocketknife in repelling what she believed to be an attack upon her honor. (4) If there is unlawful aggression but one of the other requisites is lacking. People (2006): Held: As the Court previously held. size. that on her way home one evening. Avelina and Amado were in Church. Shooting the victims from the window of his house is disproportionate to the physical aggression by the Marzonia v. Unlawful aggression is an indispensable requisite. unlawful aggression is deemed to continue. (5) Self-defense includes the defense of one‘s rights. The means employed in defense of her honor was evidently excessive. . The third element of self-defense is also present because there was no sufficient provocation on the part of Narvaez since he was sleeping when the deceased where fencing. Reasonable necessity of means employed to prevent or repel it. Lack of sufficient provocation on part of defender (1) In case there was a provocation on the part of the person attacked. c. (3) Must come from the person attacked by the accused. On the day of the crime. Dijan (2002)] Note: No unlawful aggression when there was an agreement to fight and the challenge to fight was accepted. Juarigue (1946): Amado (deceased) has been courting the accused Avelina in vain. Rivera followed her. 1) the church was well-lit. and other circumstances (3) and those of the person defending himself (4) the place and occasion of the assault. She didn‘t know that it was Rivera and that she was unable to resist the strength of Rivera so she got a knife from her pocket and stabbed him in defense of her honor.CRIMINAL LAW REVIEWER aggressor retreats to obtain a more advantageous position to ensure the success of the initial attack. were fencing the land of the father of the deceased Fleischer. 2) there were several people in the church. Dela Cruz (1935): Accused was found guilty of homicide for stabbing and killing Rivera. the second element was lacking. including the father of the accused and other town officials. There being no other means of self-defense. Rubia ran towards the jeep and knowing there is a gun on the jeep. the attack should not immediately precede the provocation for defense to be valid. Test of reasonableness The means employed depends upon: (1) nature and quality of the weapon used by the aggressor (2) aggressor‘s physical condition. b. People v. People v. Narvaez (1983): Narvaez was taking his rest inside his house when he heard that the wall of his house was being chiseled. the accused fired at Rubia as well. Defense of Honor: People v. (2) Never confuse unlawful aggression with provocation. Amado sat beside Avelina and placed his hand on her thigh. (4) Unlawful aggression must also be a continuing circumstance or must have been existing at the time the defense is made. It was a dark night and she could not have identified Rivera. He saw that Fleischer and Rubia. In light of these circumstances. Thereafter. b. [People vs. Avelina took out her knife and stabbed Amado in the neck. Narvaez claimed he acted in defense of his person and rights. Held: Although the defense of one‘s honor exempts one from criminal liability. that is. those rights the enjoyment of which is protected by law. on the other hand. Apolinar: This can only be invoked as justifying circumstance if (1) Life and limb of the person making the defense is also the subject of unlawful aggression (2) Life cannot be equal to property. Once the unlawful aggression is found to have ceased. the former aggressor. Dela Cruz claimed. However. character. In this case. BUT aggression which is ahead of an agreed time or place is unlawful aggression. causing the death of Amado. it must be proved that there is actual danger of being raped. (3) Mere provocation is not enough. or even just wounding. accused could not have possibly been raped. He asked the group to stop but they refused. Held: There was aggression by the deceased not on the person of the accused but on his property rights when Fleischer angrily ordered the continuance of the fencing. a. Defense of Property: 45 People vs. it is considered an incomplete self-defense which mitigates liability. the one making the defense of a stranger would likewise cease to have any justification for killing.

Ty claimed that she issued the checks because of ―an uncontrollable fear of a greater injury. (3) The person defending be not induced by revenge. resentment or other evil motive. because the latter was prompted by some noble or generous sentiment in protecting and saving a relative Relatives entitled to defense: i. He swerved his car towards a house. will instinctively come to the aid of their relatives. Thus. Ty could have taken advantage of an available option to avoid committing a crime. Avoidance of a Greater Evil Requisites: (1) Evil sought to be avoided actually exists (2) Injury feared be greater than that done to avoid it (3) There is no other practical & less harmful means of preventing it The evil or injury sought to be avoided must not have been produced by the one invoking the justifying circumstances. Defense of Relatives Elements: (1) Unlawful aggression Unlawful aggression may not exist as a matter of fact. Basis: What one may do in his defense. Reason: The law acknowledges the possibility that a relative. Held: The court sustained the findings of the lower courts. Ty executed a promissory note wherein she assumed payment of the obligation in installments. legitimate. Defense of Strangers Elements: (1) Unlawful aggression. unlawful aggression is a condition sine qua non. People (2004): Ty's mother and sister were confined at the Manila Doctors' Hospital.‖ She averred that she was forced to issue the checks to obtain release for her mother who was being inhumanely treated by the hospital.CRIMINAL LAW REVIEWER victims.592. GENERAL RULE: No civil liability in justifying circumstances because there is no crime. (2) Reasonable necessity of the means employed to prevent or repel it.a mere threatening or intimidating attitude is not sufficient to justify the commission of an act which is punishable per se. they are justified. She alleged that her mother has contemplated suicide if she would not be discharged from the hospital. (2) Reasonable necessity of means employed to prevent or repel it (3) In case person attacked provoked attacker defender must have no part therein Reason: Although the provocation prejudices the person who gave it. it is necessary that an attack or material aggression. The ordinary man would not stand idly by and see his companion killed without attempting to save his life 4. for without it any defense is not possible or justified. another may do for him. Illustration: A drove his car beyond the speed limit so much so that when he reached the curve. and allow a claim of exemption from liability on the ground that it was committed in self-defense or defense of a relative. destroying it and killing the occupant therein. she drew 7 postdated checks against Metrobank payable to the hospital which were all dishonored by the drawee bank due to insufficiency of funds. natural or adopted Brothers/Sisters v. EXCEPTION: There is CIVIL LIABILITY under this paragraph. So the defense of an uncontrollable fear of a greater injury‖ is not applicable. Balunueco v. Ty was found guilty by the lower courts of 7 counts of violation of BP22. his vehicle skidded towards a ravine.95. Ty signed the "Acknowledgment of Responsibility for Payment" in the Contract of Admission. The evil sought to be avoided is merely expected or anticipated. In order to consider that an unlawful aggression was actually committed. Ty v.075. Relatives by consanguinity w/in the 4th civil degree Illustration: The sons of A honestly believe that their father was the victim of an unlawful aggression when in fact it was their father who attacked B. Descendants iv. CA (2003): Held: Of the three (3) requisites of defense of relatives. its effects do not reach the defender who took no part therein. If they killed B under such circumstances. Persons benefited shall be liable in proportion to the benefit which they have received. 46 2. To assure payment of the obligation. The total hospital bills of the two patients amounted to P1. by virtue of blood. By her own admission. Ascendants iii. Note: If the person being defended is a second cousin. Relatives by affinity in the same degree vi. it can be made to depend upon the honest belief of the one making the defense. A cannot be justified because the state of necessity was brought about by his own felonious act. there is incomplete self-defense. she had the choice to give jewelry or 3. As defense. an offensive act positively determining the intent of the aggressor to cause an injury shall have been made. it will be defense of stranger. Spouse ii. .

Fulfillment of Duty or Lawful Exercise of Right or office Requisites: (1) Offender acted in performance of duty or lawful exercise of a rig ht/office (2) The resulting felony is the unavoidable consequence of the due fulfillment of the duty or the lawful exercise of the right or office. Held: The killing was done in the performance of a duty. after evading service of his sentence. who was looking for him found him in the house of Alegria. fatally shoot said suspect. his decision to respond with a barrage of gunfire to halt the victim's further advance was justified under the circumstances. There can be no quibbling that there was no rational necessity for the killing of Contreras. petitioner. Moreover. the willful inaction of the actor. or to wait after each blow to determine the effects thereof. Delima fired his revolver to impose his authority but the bullet did not hit him. Some days afterwards the policeman. do not completely justify the petitioner’s firing the fetal gunshot at the victim. Mamagun vs. the issuance of the bounced checks was brought about by Ty's own failure to pay her mother's hospital bills. A police officer is not required to afford the victim the opportunity to fight back. 13 and 69 of the RPC. armed with a pointed piece of bamboo in the shape of a lance. Obedience to an order issued for some lawful purpose Requisites: (1) Order must have been issued by a superior (2) The order is for some lawful purpose (3) The means used to carry it out must be lawful Note: A subordinate is not liable for carrying out an illegal order of his superior if he is not aware of the illegality of the order and he is not negligent. although it proved to be fatal. more so. The victim threatened the safety of the police officers despite accused-appellant's previous warning shot and verbal admonition to the victim to lay down his weapon. 6. Delima. overcome his resistance. People (2007): A policeman in pursuit of a snatcher accidentally shot one of the bystanders who was actually helping him chase the snatcher. People v. albeit the wrong man. Delima demanded the surrender of the weapon but Napilon refused. in the absence of the equally necessary justifying circumstance that the injury of offense committed be the necessary consequence if the due performance of such duty. However. without more. 47 5. to commit assault and disobedience with a weapon in his hand. was justified by the circumstance. Delima (1922): Napilon escaped from the jail where he was serving sentence. Petitioner could have first fired a warning shot before pulling the trigger against Contreras who was one of the residents chasing the suspected robber. Shooting him in the head was obviously unnecessary. for the defense of state of necessity to be availing. prevent his .it must be stressed that their judgment and discretion as police officers in the performance of their duties must be exercised neither capriciously nor oppressively. The deceased was under the obligation to surrender and had no right. but within reasonable limits. Held: As a police officer. Held: To be sure. Note: If the first condition is present. as one of the policemen responding to a reported robbery then in progress. the greater injury feared should not have been brought about by the negligence or imprudence. acts in the fulfillment of a duty. which. Oanis (1943): Although an officer in making a lawful arrest is justified in using such force as is reasonably necessary to secure and detain the offender. there can only be incomplete justification. The penalty would be reduced by one or two degrees. The law does not clothe police officers with authority to arbitrarily judge the necessity to kill. it is to be expected that accused-appellant would stand his ground. People v. Ulep (2000): Accused-appellant and the other police officers involved originally set out to restore peace and order at Mundog Subdivision where the victim was then running amuck. even after the latter slumped to the ground due to multiple gunshot wounds sustained while charging at the police officers. Sound discretion and restraint dictated that a veteran policeman should have ceased firing at the victim the moment he saw the latter fall to the ground. the offender will be entitled to a privileged mitigating circumstance. The victim at that point no longer posed a threat. True. People v. which compelled the policeman to resort to such extreme means. Neither is he expected – when hard pressed and in the heat of such an encounter at close quarters – to pause for a long moment and reflect coolly at his peril. In this case. was performing his duty as a police officer as well as when he was trying to effect the arrest of the suspected robber and in the process. but the second is not because the offender acted with culpa. Up to that point. The criminal ran away and Delima went after him and fired again his revolver this time hitting and killing him. a privilege mitigating circumstance under Art. But he cannot be exonerated from overdoing his duty when he fatally shot the victim in the head.CRIMINAL LAW REVIEWER other forms of security instead of postdated checks to secure her obligation.

the act is not accompanied by criminal intent. Second Phase: Acute Battering Incident (1) Characterized by brutality. Anti-Violence against Women and Their Children Act of 2004 (R. 12. and protect himself from bodily harm. there is no dolo or culpa. People v. ii. 6. In People Vs. legitimate and the actor is not liable. or by simply staying out of the way. destructiveness. the Court ruled that the battered woman syndrome is characterized by a ―CYCLE OF VIOLENCE‖. recapture him if he escapes. (2) The batterer may show a tender and nurturing behavior towards his partner and the woman also tries to convince herself that the battery will never happen again and that her partner will change for the better. it could be a verbal or slight physical abuse or another form of hostile behavior. as military subordinates.refers to a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse. 4 and 7 where there is no civil liability. Since the act complained of is Since the act is actually wrong. so there is There is no criminal or civil liability (Except: civil liability. not It affects the actor. 5.A. without any fault or negligence on their part. nurturing behavior. iii. only the batterer can stop the violence. could not question. Battered Woman Syndrome as a Defense. 4. 3. without being aware of their illegality. TYPES of exempting circumstances: Imbecility/Insanity Minority Accident Compulsion of irresistible force Impulse of uncontrollable fear Insuperable or lawful cause  IMPORTANT POINTS: The reason for the exemption lies in the involuntariness or lack of knowledge of the act: (1) one or some of the ingredients of criminal liability such as criminal intent. RA 9262] B. 2. yet he is never justified in using unnecessary force or in treating him with wanton violence or in resorting to dangerous means when the arrest could be effected otherwise. and obeyed in good faith. – Victim-survivors who are found by the courts to be suffering from battered woman syndrome do not incur any criminal and civil liability notwithstanding the absence of any of the elements for justifying circumstances of self-defense under the Revised Penal Code. there is absence of freedom of action or intelligence. and sometimes death. the act. A crime is not committed if the mind of the person performing the act be innocent. Exempting Circumstance JUSTIFYING EXEMPTING CIRCUMSTANCE CIRCUMSTANCE It affects the act. Justifying vs. par. Third Phase: Tranquil Period (1) Characterized by guilt on the part of the batterer and forgiveness on the part of the woman. or absence . (2) She has an inability to place the responsibility for the violence elsewhere. actually wrongful. there is considered lawful. (3) The battered woman realizes that she cannot reason with him and resistance would only worsen her condition. First Phase: Tension Building Phase 48 (1) Where minor battering occurs. or freedom of action on the part of the offender is missing (2) In case it is a culpable felony. Genosa. but hence. intelligence. actor acted without voluntariness. (2) The woman tries to pacify the batterer through a show of kind. In the determination of the state of mind of the woman who was suffering from battered woman syndrome at the time of the commission of the crime. i. lawful in the eyes of the law. there a crime but since the is no liability. the courts shall be assisted by expert psychiatrists/ psychologists [SECTION 26. (3) She fears for her life and/or her children‘s life (4) She has an irrational belief that the abuser is omnipresent and omniscient. Art. 9262)  Battered Woman Syndrome. There is a crime. (2) The battered woman has no control. although there is no criminal. Exempting Circumstances (ASKED 14 TIMES IN BAR EXAMS) SIX 1. Four Characteristics of the Syndrome: (1) The woman believes that the violence was her fault. which is made up of three phases.CRIMINAL LAW REVIEWER escape. not the actor. (3) But this proves to be unsuccessful as it only gives the batterer the notion that he has the right to abuse her. Beronilla (1955): Held: Where the accused acted upon orders of superior officers that the. The act is considered to have been done within The act complained of is the bounds of law.

need only be proved to a degree sufficient to raise a reasonable doubt of guilt. as amended) a. which shall be enforced in accordance with existing laws. but is a term no longer used by mental health practitioners (2) Kleptomania: if found by a competent psychiatrist as irresistible (3) Epilepsy (4) Somnambulism: sleep-walking (People vs. The exemption from criminal liability herein established does not include exemption from civil liability. the time preceding the act under prosecution or b. lack of foresight or lack of skill. (See Title V: Juvenile Justice and Welfare System of RA 9344). which provides childappropriate proceedings. has a mental development comparable to that of a child between 2 and 7 years of age. Evidence of insanity must refer to: a. S/he shall enjoy all the rights of a child in . Definition of child in conflict with the law Section 4 (e). Taneo) (5) Malignant malaria: which affects the nervous system People vs. . During a lucid interval. Formigones). 49 2. unless he/she has acted with discernment. or adjudged as. (People vs. It is necessary that there is a complete deprivation of intelligence in committing the act. imprudence. that is. Two tests of insanity: (1) The test of cognition. reintegration and aftercare to ensure their normal growth and development.D. the accused is committed to a hospital. (2) If present during trial – proceedings will be SUSPENDED and accused is committed to a hospital. having committed an offense under Philippine laws. 6. Dungo: The insanity that is exempting is limited only to mental aberration or disease of the mind and must completely impair the intelligence of the accused. also refer to Child and Youth Welfare Code (P. Insanity and Imbecility Imbecile . the accused be deprived of reason. b. However. that there is no responsibility for his own acts. Minimum age of criminal responsibility RA 9344. What is the Juvenile Justice and Welfare System? "Juvenile Justice and Welfare System" refers to a system dealing with children at risk and children in conflict with the law. the insane acts with intelligence and thus. accused of. Insanity subsequent to commission of crime is not exempting Feeblemindedness is not imbecility. The period of confinement in the hospital is counted for the purpose of the prescription of the penalty. 9344).A. including programs and services for prevention. Determination of age (Sec.One who. Minimum Age of Criminal Responsibility. 603. (2) The test of volition. Exempt in all cases from criminal liability Insane . rehabilitation.CRIMINAL LAW REVIEWER of negligence. Minority Juvenile Justice and Welfare Act of 2006 (R. diversion. 7. RA 9344) PRESUMPTION: Minority of child in conflict with the law. that he acts without the least discernment. as with other such defenses. at the very moment of its execution. "Child in conflict with the law" – a child who is alleged as. the child shall be subjected to an intervention program pursuant to Section 20 of this Act. or whether the accused acted in total deprivation of freedom of will. (3) After judgment or while serving sentence – Execution of judgment is SUSPENDED. or whether the accused acted with complete deprivation of intelligence in committing the said crime. while advanced in age. 1. c. SEC. (People vs. A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal liability and be subjected to an intervention program. is not exempt from criminal liability Insanity is a defense in the nature of confession and avoidance and must be proved beyond reasonable doubt Note: There is another school of thought that believes that insanity.A child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from criminal liability. or that there be a complete deprivation of the freedom of the will.There is a complete deprivation of intelligence in committing the act but capable of having lucid intervals. Rafanan) Juridical Effects of Insanity (1) If present at the time of the commission of the crime – EXEMPT from liability. such child shall be subjected to the appropriate proceedings in accordance with this Act. in which case. Cases covered under this article: (1) Dementia praecox Note: Cited in OLD cases. that there be complete absence of the power to discern.

4. Exemption from criminal liability (1) 15 yrs old or below at the time of commission of offense: absolutely exempt from criminal liability but subject to intervention program (2) Over 15 yrs old but below 18: exempt from criminal liability & subject to intervention program  If acted w/ discernment subject to diversion program (3) Below 18 yrs are exempt from: (1) Status offense (2) Vagrancy and Prostitution (3) Mendicancy (PD1563) (4) Sniffing of Rugby (PD 1619) 3. it . The driver is not under obligation to defray the medical expenses. in spite of all resistance. and  other relevant evidence. however. Accident .  the physical appearance of the child. and shall order the final discharge of the child if it finds that the objective of the disposition measures have been fulfilled. Under Article 12. Automatic Suspension of Sentence – Once the child who is under eighteen (18) years of age at the time of the commission of the offense is found guilty of the offense charged. There is no civil liability under paragraph 4 of Article 12. Illustration:  A person who is driving his car within the speed limit. the court shall place the child in conflict with the law under suspended sentence. it shall be resolved in his/her favor. although coming about through some act of our will. Baptismal certificate. (4) Without fault or intention of causing it. Discernment – mental capacity to understand the difference between right and wrong as determined by the child‘s appearance . the court shall impose the appropriate disposition measures as provided in the Supreme Court Rule on Juveniles in Conflict with the Law. age may be based on:  information from the child himself/herself. (Sec. d. Accident (Damnum Absque Injuria) Requisites: (1) A person performing a lawful act. or Any other pertinent documents. it must produce such an effect on the individual that. The stone flew hitting a pedestrian on the head. Although this is just an exempting circumstance. without need of application: Provided. 39) 50 The    age of a child may be determined from: The child‘s birth certificate. (2) Conduct of the offender – The accused shot the victim with his sling shot and shouted ―Putang ina mo‖. (3) He causes an injury to another by mere accident. while considering the condition of the traffic and the pedestrians at that time. attitude. However. (2) With due care. he manifested discernment. Upon the recommendation of the social worker who has custody of the child. yet.something that happens outside the sway of our will and. there is no civil liability as well as criminal liability. The pedestrian suffered profuse bleeding. instead of pronouncing the judgment of conviction. where generally there is civil liability. the court shall dismiss the case against the child whose sentence has been suspended and against whom disposition measures have been issued. That suspension of sentence shall still be applied even if the juvenile is already eighteen years (18) of age or more at the time of the pronouncement of his/her guilt. comportment and behavior not only before and during the commission of the offense but also after and during the trial. when the minor committed the crime during nighttime to avoid detection or took the loot to another town to avoid discovery.CRIMINAL LAW REVIEWER conflict with the law until s/he is proven to be 18 years old or older. It is manifested through: (1) Manner of committing a crime – Thus. The discharge of the child in conflict with the law shall not affect the civil liability resulting from the commission of the offense. tripped on a stone with one of his car tires. Upon suspension of sentence and after considering the various chcumstances of the child. Irresistible Force Elements: (1) That the compulsion is by means of physical force. paragraph 4. in paragraph 4 of Article 12. (Sec. (2) That the physical force must be irresistible. the court shall determine and ascertain any civil liability which may have resulted from the offense committed. In the absence of these documents. which shall be enforced in accordance with law. Note: The exemption from criminal liability shall not include exemption from civil liability. (3) That the physical force must come from a third person Note: Before a force can be considered to be an irresistible one. lies beyond the bounds of humanly foreseeable consequences. the offender is exempt not only from criminal but also from civil liability.  testimonies of other persons. In case of doubt as to the child‘s age. 38) Discharge of the Child in Conflict with the Law.

People v. as such. Exaltacion (1905): Exaltacion and Tanchico were convicted w/ rebellion based on documents found in the house of Contreras. Insuperable or Lawful Causes Requisites: (1) That an act is required by law to be done. Illness 12. if present in the commission of the crime. incapable of committing the crime. They allege further that they were abducted by thieves and that these men forced the defendants to sign the documents Held: The duress under which the defendants acted relieved them from criminal liability . but the evil feared must be greater or at least equal to the damage caused to avoid it. C. but serve only to reduce the penalty. Bandian (1936): A woman cannot be held liable for infanticide when she left her newborn child in the bushes without being aware that she had given birth at all. Incomplete Justification and Exemption 2. Offender employs intimidation or threat in compelling another to commit a crime. 51 5. Revised Penal Code) People v. . (2) That it promises an evil of such gravity and imminence that the ordinary man would have succumbed to it. Lising (1998) Held: To be exempt from criminal liability. Immediate vindication of a grave offense 6. being circumstances that occur after the commission of the offense. Illustration: Person was arrested for direct assault at 5:00 pm after government offices close. 6. that which he is forced to commit. Prosecution was unable to prove the guilt of the accused and testimonies of witnesses for the accused further corroborated their defense. Illustration: A is forced at gun point to forge the signature of B. voluntary surrender and plea of guilt which. Passion or obfuscation 7. (Aquino. No intention to commit so grave a wrong 4. (2) That a person fails to perform such act. Physical defect 11. Uncontrollable Fear Uncontrollable fear may be generated by a threatened act directly to a third person such as the wife of the accused. Uncontrollable Fear Requisites: (1) That the threat which causes the fear is of an evil greater than or at least equal to. But complaint may only be filed the next day when offices open. containing signatures of defendants swearing allegiance to the Katipunan. Voluntary surrender 8. Under 18 or Over 70 years of age 3. The compulsion must be of such a character as to leave no opportunity to the accused for escape or selfdefense in equal combat. intelligence or intent or on the lesser perversity of the offender. a person invoking irresistible force must show that the force exerted was such that it reduced him to a mere instrument who acted not only without will but against his will. However. Mitigating Circumstances (ASKED 19 TIMES IN BAR EXAMS) TWELVE TYPES of mitigating circumstances: 1. A threat of future injury is not enough. See Part F for absolutory causes US v. thereby necessitating a lesser penalty to effect his rehabilitation (based on the Positivist School) Irresistible Force Irresistible force must operate directly upon the person of the accused and the injury feared may be a lesser degree than the damage caused by the accused. a so-called general of bandits. Analogous Circumstances Mitigating circumstances or causas attenuates are those which. Sufficient Provocation or Threat 5. Offender uses physical force or violence to compel another person to commit a crime. Art 125 RPC requires that a person arrested be delivered to judicial authorities within prescribed number of hours according to the gravity of offense. Basis: They are based on the diminution of either freedom of action.CRIMINAL LAW REVIEWER reduces him to a mere instrument and. Defendants aver that these documents were signed under duress and fear of death. The circumstance of time of arrest may be considered as an insuperable cause. Plea to a lower offense 10. (3) That his failure to perform such act was due to some lawful or insuperable cause Insuperable means insurmountable. do not entirely free the actor from criminal liability. show the accused‘s respect for the law (voluntary surrender) and remorse and acceptance of punishment (plea of guilt). Severe dizziness and extreme debility made it physically impossible for Bandian to take home the child plus the assertion that she didn’t know that she had given birth. Voluntary plea of guilt 9.

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The circumstances under Article 13 are generally ordinary mitigating. However, paragraph 1, is treated as a privileged mitigating circumstance if majority of the requisites concurred, otherwise, it will be treated as an ordinary mitigating circumstance. (Reyes, citing Art. 69). Correlate Article 13 with Articles 63 and 64. Article 13 is meaningless without knowing the rules of imposing penalties under Articles 63 and 64. TIP: In bar problems, when you are given indeterminate sentences, these articles are very important. Distinctions Ordinary MC Can be offset by any aggravating circumstance If not offset by aggravating circumstance, produces the effect of applying the penalty provided by law for the crime in its min period in case of divisible penalty Example: When the one making defense against unlawful aggression used unreasonable means to prevent or repel it, he is entitled to a privileged mitigating circumstance. Note: When two of the three requisites mentioned therein are present, the case must be considered as a privileged mitigating circumstance referred to in Art. 69 of this Code. (Article 69 requires that a majority of the conditions required must be present.) b. Incomplete justifying circumstance avoidance of greater evil or injury of

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Privileged MC Cannot be offset by aggravating circumstance The effect of imposing upon the offender the penalty lower by one or two degrees than that provided by law for the crime.

Requisites under par. 4 of Art. 11: (1) That the evil sought to be avoided actually exists; (2) That the injury feared be greater than that done to avoid it; (3) That there be no other practical and less harmful means of preventing it. Avoidance of greater evil or injury is a justifying circumstance if all the three requisites mentioned in par. 4 of Art. 11 are present. But if any of the last two requisites is lacking, there is only a mitigating circumstance. The first element is indispensable. c. Incomplete justifying performance of duty circumstance of

1. Incomplete
Exemption

Justification

and

The circumstances of justification or exemption which may give place to mitigation, because not all the requisites necessary to justify the act or to exempt from criminal liability in the respective cases are attendant, are the following: (1) Self-defense (Art. 11, par. 1) (2) Defense of relatives (Art. 11, par. 2) (3) Defense of strangers (Art. 11, par. 3) (4) State of necessity (Art. 11, par. 4) (5) Performance of duty (Art. 11, par. 5) (6) Obedience to the order of superiors (Art. 11, par. 6) (7) Minority over 15 years of age but below 18 years of age (Art. 12, par. 3) (8) Causing injury by mere accident (Art. 12, par.4) (9) Uncontrollable fear (Art. 12 par. 6)

Requisites under par.5, Art. 11 (1) That the accused acted in the performance of a duty or in the lawful exercise of a right or office; and (2) That the injury caused or offense committed be the necessary consequence of the due performance of such duty or the lawful exercise of such right or office. In the case of People v. Oanis (1943), where only one of the requisites was present, Article 69 was applied. People v. Oanis (1943): The SC considered one of the 2 requisites as constituting the majority. It seems that there is no ordinary mitigating circumstance under Art. 13 par. 1 when the justifying or exempting circumstance has 2 requisites only.

Incomplete justifying circumstances:
a. Incomplete self-defense, defense of relatives, defense of stranger

Incomplete exempting circumstances:
(1) Incomplete accident exempting circumstance of

In these 3 classes of defense, UNLAWFUL AGGRESSION must always be present. It is an indispensable requisite. Par. 1 of Art. 13 is applicable only when  unlawful aggression is present  but one or both of the other 2 requisites are not present in any of the cases referred to in circumstances number 1, 2 and 3 or Art. 11.

Requisites under par. 4 of Art. 12: (1) A person is performing a lawful act (2) With due care (3) He causes an injury to another by mere accident (4) Without fault or intention of causing it There is NO SUCH MITIGATING CIRCUMSTANCE because:

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 If the 2nd requisite and 1st part of the 4th requisite are absent, the case will fall under Art. 365 which punishes reckless imprudence. If the 1st requisite and 2nd part of the 4th requisite are absent, it will be an intentional felony (Art. 4, par. 1). circumstance of physical appearance of the child and other relevant evidence. In case of doubt as to the age of the child, it shall be resolved in his/her favor. Any person contesting the age of the child in conflict with the law prior to the filing of the information in any appropriate court may file a case in a summary proceeding for the determination of age before the Family Court which shall decide the case within twenty-four (24) hours from receipt of the appropriate pleadings of all interested parties. If a case has been fiied against the child in conflict with the law and is pending in the appropriate court, the person shall file a motion to determine the age of the child in the same court where the case is pending. Pending hearing on the said motion, proceedings on the main case shall be suspended. In all proceedings, law enforcement officers, prosecutors, judges and other government officials concerned shall exert all efforts at determining the age of the child in conflict with the law. (Sec. 7, RA 9344). Basis: Diminution of intelligence

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(2) Incomplete exempting uncontrollable fear.

Requisites under par. 6 of Art. 12: (1) That the threat which caused the fear was of an evil greater than, or at least equal to, that which he was required to commit; (2) That it promised an evil of such gravity and imminence that an ordinary person would have succumbed to it. Note: If only one of these requisites is present, there is only a mitigating circumstance.

2. Under 18 Or Over 70 Years Of Age
a. In lowering the penalty: Based on age of the offender at the time of the commission of the crime not the age when sentence is imposed b. In suspension of the sentence: Based on age of the offender (under 18) at the time the sentence is to be promulgated (See Art. 80, RPC) c. Par. 2 contemplates the ff: (1) An offender over 9 but under 15 of age who acted with discernment. (2) An offender fifteen or over but under 18 years of age. (3) An offender over 70 years old

3. No Intention to Commit So Grave A
Wrong (Praeter Intentionem)
  There must be a notable disproportion between the means employed by the offender and the resulting harm. The intention, as an internal act, is judged o not only by the proportion of the means employed by him to the evil produced by his act, o but also by the fact that the blow was or was not aimed at a vital part of the body; o this includes: the weapon used, the injury inflicted and his attitude of the mind when the accused attacked the deceased. The lack of intention to commit so grave a wrong can also be inferred from the subsequent acts of the accused immediately after committing the offense, such as when the accused helped his victim to secure medical treatment. This circumstance does not apply when the crime results from criminal negligence or culpa. Only applicable to offense resulting in death, physical injuries, or material harm (including property damage). It is not applicable to defamation or slander. This mitigating circumstance is not applicable when the offender employed brute force. Lack of intent to commit so grave a wrong is not appreciated where the offense committed is characterized by treachery. When the victim does not die as a result of the assault in cases of crimes against persons, the absence of the intent to kill reduces the felony to mere physical injuries, but it does not

Legal effects of various ages of offenders: 1. 15 and below - Exempting 2. Above 15 but under 18 years of age, also an exempting circumstance, unless he acted with discernment (Art. 12, par. 3 as amended by RA 9344). 3. Minor delinquent under 18 years of age, the sentence may be suspended. (Art. 192, PD No. 603 as amended by PD 1179) 4. 18 years or over, full criminal responsibility. 5. 70 years or over – mitigating, no imposition of death penalty; if already imposed. Execution of death penalty is suspended and commuted. Determination of Age – The child in conflict with the law shall enjoy the presumption of minority. He/She shall enjoy all the rights of a child in conflict with the law until he/she is proven to be eighteen (18) years old or older. The age of a child may be determined from the child's birth certificate, baptismal certificate or any other pertinent documents. In the absence of these documents, age may be based on information from the child himself/herself, testimonies of other persons, the

 

  

CRIMINAL LAW REVIEWER
constitute a mitigating circumstance under Art. 13(3). on the part of the person defending himself. (People v. CA, G.R. No. 103613, 2001) presence on the part of the offended party.

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People v. Calleto (2002): Held: The lack of "intent" to commit a wrong so grave is an internal state. It is weighed based on the weapon used, the part of the body injured, the injury inflicted and the manner it is inflicted. The fact that the accused used a 9-inch hunting knife in attacking the victim from behind, without giving him an opportunity to defend himself, clearly shows that he intended to do what he actually did, and he must be held responsible therefor, without the benefit of this mitigating circumstance. People v. Ural (1974): Held: The intention, as an internal act, is judged not only by the proportion of the means employed by him to the evil produced by his act, but also by the fact that the blow was or was not aimed at a vital part of the body. Thus, it may be deduced from the proven facts that the accused had no intent to kill the victim, his design being only to maltreat him, such that when he realized the fearful consequences of his felonious act, he allowed the victim to secure medical treatment at the municipal dispensary.

TIP: The common set-up given in a bar problem is that of provocation given by somebody against whom the person provoked cannot retaliate; thus the person provoked retaliated on a younger brother or on the father. Although in fact, there is sufficient provocation, it is not mitigating because the one who gave the provocation is not the one against whom the crime was committed. You have to look at two criteria: a. If from the element of time, (1) there is a material lapse of time stated in the problem and (2) there is nothing stated in the problem that the effect of the threat of provocation had prolonged and affected the offender at the time he committed the crime (3) then you use the criterion based on the time element. b. If there is that time element and at the same time, (1) facts are given indicating that at the time the offender committed the crime, he is still suffering from outrage of the threat or provocation done to him (2) then he will still get the benefit of this mitigating circumstance. Romera v. People (2004: Provocation and passion or obfuscation are not 2 separate mitigating circumstances. It is well-settled that if these 2 circumstances are based on the same facts, they should be treated together as one mitigating circumstance. It is clear that both circumstances arose from the same set of facts. Hence, they should not be treated as two separate mitigating circumstances.

4. Sufficient Provocation or Threat
Elements: (1) That the provocation must be sufficient (2) That it must originate from the offended party (3) That the provocation must be immediate to the act, i.e., to the commission of the crime by the person who is provoked Provocation - Any unjust or improper conduct or act of the offended part capable of exciting, inciting, or irritating anyone. Provocation in order to be mitigating must be SUFFICIENT and IMMEDIATELY preceding the act. (People v. Pagal)  ―Sufficient‖ means adequate to excite a person to commit a wrong and must accordingly be proportionate to its gravity. (People v. Nabora).  Sufficiency depends upon: a. the act constituting provocation b. the social standing of the person provoked c. the place and time when the provocation is made.  Between the provocation by the offended party and the commission of the crime, there should not be any interval in time. Reason: When there is an interval of time between the provocation and the commission of the crime, the perpetrator has time to regain his reason. Sufficient provocation as a requisite of incomplete self-defense It pertains to its absence Provocation as a mitigating circumstance It pertains to its

5. Immediate Vindication of A Grave
Offense
Elements: (1) That there be a grave offense done to the one committing the felony, his spouse, ascendants, descendants, legitimate, natural or adopted brothers or sisters, or relatives by affinity within the same degree. (2) That the felony is committed in vindication of such grave offense. A lapse of time is allowed between the vindication and the doing of the grave offense. (3) The vindication need not be done by the person upon whom the grave offense was committed Note: Lapse of time is allowed. The word ―immediate‖ used in the English text is not the correct translation. The Spanish text uses ―proxima.‖ Although the grave offense (slapping of the accused in front of many persons hours before

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the killing), which engendered the perturbation of mind, was not so immediate, it was held that the influence thereof, by reason of its gravity, lasted until the moment the crime was committed. (People v. Parana). The question whether or not a certain personal offense is grave must be decided by the court, having in mind a. the social standing of the person, b. the place and c. the time when the insult was made. Vindication of a grave offense and passion or obfuscation cannot be counted separately and independently. People v. Torpio (2004: The mitigating circumstance of sufficient provocation cannot be considered apart from the circumstance of vindication of a grave offense. These two circumstances arose from one and the same incident, i.e., the attack on the appellant by Anthony, so that they should be considered as only one mitigating circumstance. Provocation It is made directly only to the person committing the felony. The offense need not be a grave offense. The provocation or threat must immediately precede the act. Vindication The grave offense may be committed against the offender‘s relatives mentioned by law. The offended party must have done a grave offense to the offender or his relatives. The grave offense may be proximate, which admits of an interval of time between the grave offense done by the offended party and the commission of the crime by the accused. It concerns the honor of the person. during which the perpetrator might recover his normal equanimity. (People v. Alanguilang) Note: Passion or obfuscation must arise from lawful sentiments. Passion or obfuscation not applicable when: a. The act committed in a spirit of LAWLESSNESS. b. The act is committed in a spirit of REVENGE. The mitigating circumstance of obfuscation arising from jealousy cannot be invoked in favor of the accused whose relationship with the woman was illegitimate. Also, the act must be sufficient to produce such a condition of mind. If the cause of loss of self-control is trivial and slight, obfuscation is not mitigating. Moreover, the defense must prove that the act which produced the passion or obfuscation took place at a time not far removed from the commission of the crime. (People v. Gervacio, 1968) Passion and obfuscation may lawfully arise from causes existing only in the honest belief of the offender. US v. De la Cruz (1912): De la Cruz, in the heat of passion, killed the deceased who was his querida (lover) upon discovering her in the act of carnal communication with a mutual acquaintance. He claims that he is entitled to the mitigating circumstance of passion or obfuscation and that the doctrine in Hicks is inapplicable. Held: US v. Hicks is not applicable to the case. In Hicks, the cause of the alleged passion and obfuscation of the aggressor was the convict's vexation, disappointment and deliberate anger engendered by the refusal of the woman to continue to live in illicit relations with him, which she had a perfect reason to do. In this case, the impulse upon which the defendant acted was the sudden revelation that his paramour was untrue to him and his discovery of her in flagrante in the arms of another. This was a sufficient impulse in the ordinary and natural course of things to produce the passion and obfuscation which the law declares to be one of the mitigating circumstances to be taken into the consideration of the court. Passion and Obfuscation cannot co-exist with: (1) Vindication of grave offense  Exception: When there are other facts closely connected. Thus, where the deceased, had eloped with the daughter of the accused, and later when the deceased saw the accused coming, the deceased ran upstairs, there are 2 facts which are closely connected, namely: (1) elopement, which is a grave offense for the family of old customs, and (2) refusal to deal with him, a stimulus strong enough to produce

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It is a mere spite against the one giving the provocation or threat.

6. Passion or obfuscation (Arrebato y
Obsecacion)
Elements: (1) The accused acted upon an impulse (2) The impulse must be so powerful that it naturally produces passion or obfuscation in him. Requisites: (1) That there be an act, both unlawful and sufficient to produce such condition of mind; and (2) That said act which produced the obfuscation was not far removed from the commission of the crime by a considerable length of time,

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passion. The court in People v. Diokno (G.R. No. L-45100), considered both mitigating circumstances in favor of the accused. (2) Treachery (People v. Wong) Passion/Obfuscation v. Irresistible Force (Reyes, Revised Penal Code) Passion/Obfuscation Irresistible force Mitigating Circumstance Exempting circumstance Cannot give rise to Physical force is a physical force because it condition sine qua non. does not involves physical force. Passion/obfuscation Irresistible force comes comes from the offender from a third person. himself. Must arise from lawful Irresistible force is sentiments to be unlawful. mitigating. Passion/Obfuscation v. Provocation (Reyes, Revised Penal Code) Passion/Obfuscation Provocation Passion/obfuscation is Provocation comes from produced by an impulse the injured party. which may be caused by provocation. The offense which Must immediately engenders the precede the commission perturbation of mind of the crime. need not be immediate. It is only required that the influence thereof lasts until the moment the crime is committed. In both, the effect of the loss of reason and selfcontrol on the part of the offender. manner that it shows the interest of the accused to surrender unconditionally to the authorities, either because (1) he acknowledges his guilt or (2) wishes to save them the trouble and expenses that would be necessarily incurred in his search and capture. (Andrada v. People). If none of these two reasons impelled the accused to surrender, the surrender is not spontaneous and therefore not voluntary. (People v. Laurel).  The accused must actually surrender his own person to the authorities, admitting complicity of the crime. Merely requesting a policeman to accompany the accused to the police headquarters is not voluntary surrender. (People v. Flores)

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Effect of Arrest General Rule: Not mitigating when defendant was in fact arrested. (People v. Conwi) Exceptions: (1) But where a person, after committing the offense and having opportunity to escape, voluntarily waited for the agents of the authorities and voluntarily gave up, he is entitled to the benefit of the circumstance, even if he was placed under arrest by a policeman then and there. (People v. Parana) (2) Where the arrest of the offender was after his voluntary surrender or after his doing an act amounting to a voluntary surrender to the agent of a person in authority. (People v. Babiera; People v. Parana) Person in Authority and his Agent Person in authority – is one directly vested with jurisdiction, that is, a public officer who has the power to govern and execute the laws whether as an individual or as a member of some court or governmental corporation, board or commission. A barrio captain and a barangay chairman are also persons in authority. (Art. 152, RPC, as amended by PD No. 299). Agent of a person in authority – is a person, who, by direct provision of law, or by election or by competent authority, is charged with the maintenance of public order and the protection and security of life and property and any person who comes to the aid of persons in authority. (Art. 152, as amended by RA 1978). Time of Surrender The RPC does not distinguish among the various moments when the surrender may occur. (Reyes, Revised Penal Code). The fact that a warrant of arrest had already been issued is no bar to the consideration of that circumstance because the law does not require that the surrender be prior the arrest. (People v. Yecla and Cahilig). What is important is that the surrender be spontaneous.

7. Voluntary Surrender
Requisites: (1) That the offender had not been actually arrested (2) That the offender surrendered himself to a person in authority or to the latter‘s agent (3) That the surrender was voluntary. Two Mitigating Circumstances Under This Paragraph: (1) Voluntary surrender to a person in authority or his agents; (2) Voluntary confession of guilt before the court prior to the presentation of evidence for the prosecution. Whether or not a warrant of arrest had been issued is immaterial and irrelevant. Criterion is whether or not a. the offender had gone into hiding b. and the law enforcers do not know of his whereabouts. Note: For voluntary surrender to be appreciated, the surrender must be spontaneous, made in such a

he was charged with murder for which he had already entered a plea of not guilty. When first arraigned he pleaded not guilty. After arraignment but before trial. If a person is deaf and dumb and he has been slandered. cripple. Javier (1999): Javier was married to the deceased for 41 years.  Plea of guilt on appeal is not mitigating. Also. (People v.  A plea of guilty on an amended information will be considered as an attenuating circumstance if no evidence was presented in connection with the charges made therein. and  The extrajudicial confession made by the accused is not voluntary confession because it was made outside the court. In his appeal. The physical defect that a person may have must have a relation to the commission of the crime. When the offender completely lost the exercise of will-power. his mind went totally blank and he did not know what he was doing. He also claims that he was insane then. 2. or a stutterer. Sec. Rule 116. 13 of RPC because to be voluntary the plea of guilty must be to the offense 11. We have ruled that an offer to enter a plea of guilty to a lesser offense cannot be considered as an attenuating circumstance under the provisions of Art. . Plea Of Guilt Requisites: (1) That the offender spontaneously confessed his guilt. killed her child the day following her delivery. (2) That the confession of guilt was made in open court. ROC: At arraignment. People v.  The change of plea should be made at the first opportunity when his arraignment was first set. Illness Elements: (1) That the illness of the offender must diminish the exercise of his will-power (2) That such illness should not deprive the offender of consciousness of his acts. Where the offender is deaf and dumb. it may be an exempting circumstance. of the Revised Rules of Criminal Procedure requires the consent of the offended party and the prosecutor before an accused may be allowed to plead guilty to a lesser offense necessarily included in the offense charged. he claims that he killed his wife because he was suffering from insomnia for a month and at the time of the killing. Pardo) charged. All that the law requires is voluntary plea of guilty prior to the presentation of the evidence by the prosecution. He avers that he is entitled to the mitigating circumstance of plea of guilty. defend himself or communicate with his fellow beings are limited. he cannot talk so what he did was he got a piece of wood and struck the fellow on the head. The trial court sentenced him to death.CRIMINAL LAW REVIEWER 8. It is said that this paragraph refers only to diseases of pathological state that trouble the conscience or will. The fact that he was deaf and dumb is not mitigating since that does not bear any relation to the crime committed. personal property was entrusted to him and he misappropriated the same. sec. Physical Defects (3) That the confession of guilt was made prior to the presentation of evidence for the prosecution. whereby his means to act. under the influence of a puerperal fever. Ortiz) This paragraph does not distinguish between educated and uneducated deaf-mute or blind persons. Plea to a Lesser Offense Rule 116. the accused. Held: While the accused offered to plead guilty to the lesser offense of homicide. Javier was found guilty of parricide. People v. that is. Dawaton (2002): Information for murder was filed against Dawaton. He killed the deceased and then stabbed himself in the abdomen. The prosecution rejected the offer of the accused. before the competent court that is to try the case. No amendment of the complaint or information is necessary. with the consent of the offended party and prosecutor.  Withdrawal of plea of not guilty before presentation of evidence by prosecution is still mitigating.  A conditional plea of guilty is not mitigating. (People v. 9. may be allowed by the trial court to plead guilty to a lesser offense which is necessarily included in the offense charged. Physical defect referred to in this paragraph is such as being armless. A mother who. 57 10. the accused may still be allowed to plead guilty to said lesser offense after withdrawing his plea of not guilty. The crime committed was estafa. 2. The crime committed was physical injuries. The Supreme Court held that being a deaf and dumb is mitigating because the only way is to use his force because he cannot strike back in any other way. but during the pre-trial he offered to plead guilty to the lesser offense of homicide but was rejected by the prosecution.

(4) Voluntary restitution of stolen goods similar to voluntary surrender (People v. he falsified a document describing the said cow’s cowlicks and markings. Nos. the place where the act was committed 3. 2. analogous to a plea of guilty. robbery. (7) Testifying for the prosecution. similar to incomplete justification based on state of necessity. 160) b. QUALIFYING –Those that change the nature of the crime. 3 (dwelling). The court also took note of the fact that the defense. 9) Basis 1. (5) Impulse of jealous feelings. Art. 14. is to increase the penalty which should be imposed upon the accused to the MAXIMUM PERIOD. not offset by any mitigating circumstance. without previous discharge. People: Canta stole a cow but alleges that he mistook the cow for his missing cow. After getting caught. The circumstance affects the nature of the crime itself such that the offender shall be liable 58 12. with the same degree of proof required to establish the crime itself. 248 enumerates the qualifying AC which qualify the killing of person to murder. 62) Generic aggravating circumstances The effect of a generic AC. However. SPECIFIC – Those that apply only to particular crimes. (Rule 110. INHERENT – Those that must accompany the commission of the crime and is therefore not considered in increasing the penalty to be imposed such as evident premeditation in theft. 4. Canta thought that the cow he found was really his. 5. . Nos. (3) Over 60 years old with failing sight. (ASKED TWICE BAR EXAMS) 4. 2. complex crimes (Art. 18. A generic aggravating circumstance may be offset by a generic mitigating circumstance. error in personae (Art. Canta v. 15. during the trial. the motivating power behind the act 2. The aggravating circumstances must be established with moral certainty. If two or more possible qualifying circumstances were alleged and proven. he surrendered the cow to the custody of the authorities in the municipal hall. (People v. the personal circumstance of the offender and/or of the victim Kinds 1. Reantillo). It is not an ingredient of the crime. 10. Analogous Circumstances Mitigating Any other circumstance of similar nature and analogous to the nine mitigating circumstances enumerated in art. BOTH generic and qualifying aggravating circumstances must be alleged in the Information in order to be considered by the Court in imposing the sentence. 2. 9. (6) Extreme poverty and necessity. The alleged mitigating circumstance was a mere afterthought to lessen the criminal liability of the accused. 49) d. and 20 except ―by means of motor vehicles‖. SPECIAL – Those which arise under special conditions to increase the penalty of the offense and cannot be offset by mitigating circumstances such as: a. 6. It only affects the penalty to be imposed but the Qualifying aggravating circumstances The effect of a qualifying AC is not only to give the crime its proper and exclusive name but also to place the author thereof in such a situation as to deserve no other penalty than that specially prescribed by law for said crime. Aggravating Circumstances (ASKED 24 TIMES IN BAR EXAMS) Those circumstances which raise the penalty for a crime in its maximum period provided by law applicable to that crime or change the nature of the crime.CRIMINAL LAW REVIEWER Held: No sufficient evidence or medical finding was offered to support his claim. estafa. Macbul). 513 may be mitigating. According to the Revised Rules of Criminal Procedure. 19. never alleged the mitigating circumstance of illness. taking advantage of public position and membership in an organized/syndicated crime group (Art. adultery and concubinage. Narvasca). 5. GENERIC – Those that can generally apply to all crimes. the means and ways used 4. Note: The list in this Article is EXCLUSIVE – there are no analogous aggravating circumstances. (1) The act of the offender of leading the law enforcers to the place where he buried the instrument of the crime has been considered as equivalent to voluntary surrender. quasi-recidivism (Art. (People v. (People v. He made a calf suckle the cow he found and when it did. D. (People v. the time 5. 16. (2) Stealing by a person who is driven to do so out of extreme poverty is considered as analogous to incomplete state of necessity. Sec. 3. 1. only one would qualify the offense and the others would be generic aggravating. similar to over 70 years of age mentioned in par. Luntao). Libria). Held: Canta’s act of voluntarily taking the cow to the municipal hall to place it in the custody of authorities (to save them the time and effort of having to recover the cow) was an analogous circumstance to voluntary surrender. 48) c. 3 (except dwelling). similar to passion and obfuscation. 17 and 21.

Aggravating circumstances which depend for their application upon the knowledge of offenders. Poison Evident Premeditation Craft. Fire. (3) he should be punished as a private individual without this aggravating circumstance. (2) from his private relations with the offended party. 217) or falsification of public documents under Art. (Art. 171. v. Aggravating circumstances which are personal to the offenders. 17. With A Band 7. (2) Aggravating circumstances which are included by the law in defining a crime and prescribing the penalty therefore shall not be taken into account for the purpose of increasing the penalty. 14: 1. 19. (Art. In Contempt Of Or With Insult To Public Authorities 3. or (3) from any personal cause. accomplices. On Occasion Of A Calamity 8. Cagayan). this circumstance would warrant the aggravation of his penalty. concealing or assisting in the escape of the principal of the crime). par. 1). Reiteration or Habituality 11. The circumstance cannot be taken into consideration in offenses where taking advantage of official position is made by law an integral element of the crime such as in malversation (Art. or (2) in the means employed to accomplish it. 3). 21. Crime In Palace Or In Presence Of The Chief Executive 6. Even if defendant did not abuse his office. Roof With Aid Of Persons Under 15 By Motor Vehicle Cruelty 59 The circumstance can be offset by an ordinary mitigating circumstance Aggravating circumstances which do not have the effect of increasing the penalty: (1) Aggravating circumstances which in themselves constitute a crime especially punishable by law. Reward Or Promise 2. Age Or Sex 4. Aggravating circumstances which arise: (1) from moral attributes of the offender. 62. 4). v. 3 (harboring. (3) The same rule shall apply with respect to any aggravating circumstance inherent in the crime to such a degree that it must of necessity accompany the commission thereof. With Insult Or Lack Of Regard Due To Offended Party By Reason Of Rank. 62. Abuse Of Confidence And Obvious Ungratefulness 5. Fraud Or Disguise Superior Strength Or Means To Weaken Defense Treachery Ignominy Unlawful Entry Breaking Wall. Taking Advantage of Public Office Par. par. Taking Advantage of Public Office 2. Rodriguez) When a public officer (1) commits a common crime independent of his official functions and (2) does acts that are not connected with the duties of his office. 14. par. 16. Recidivism 10. 20. (U. The circumstances which consist (1) in the material execution of the act. Inundation. The public officer must: (1) Use the influence. Generic TWENTY-ONE aggravating circumstances under Art. accessories as to whom such circumstances are attendant. par. The essence of the matter is presented in the inquiry. if it is proven that he has failed in his duties as such public officer. Price. (Art. ―did the accused abuse his office in order to commit the crime?‖(U. Uninhabited Place. it cannot be offset by any mitigating circumstance 12. (Art. The circumstance is actually an ingredient of the crime Being an ingredient of the crime. 1. Nighttime. 1 – ―that advantage be taken by the offender of his public position‖ This is applicable only if the offender is a public officer. Thus. shall serve to aggravate the liability of those persons only who had knowledge of them at the time of the execution of the act or their cooperation therein. Taking advantage of public position is also inherent in the following cases: (1) Accessories under Art. 15. 62. 62. 1. the fact that the vice-mayor of a town joined a band of brigands made his liability greater.S.CRIMINAL LAW REVIEWER crime remains the same for a more serious crime. 18. Aid Of Armed Men Or Means To Ensure Impunity 9. and (2) Title VII of Book Two of the RPC (Crimes committed by public officers). shall only serve to aggravate the liability of the principals. 13. prestige or ascendancy which his office gives him (2) As means by which he realizes his purpose. In Contempt of or With Insult to Public Authorities . 19. par. Floor.S. 2).

etc. or a market stall where the victim slept is not a dwelling. 1232)  A school teacher. 152. age or sex may be taken into account only in crimes against persons or honor. Ibanez) (2) When there exists a relationship between the offended party and the offender. There must be a difference in the social condition of the offender and the offended party. It is enough that he used the place for his peace of mind. (People v. RANK OF THE OFFENDED PARTY Designation or title used to fix the relative position of the offended party in reference to others. such as barrio policemen. or seduction. in rape.    . mayor. Knowledge that a public authority is present is essential. (People v. the accused deliberately intended to offend or insult the sex or age of the offended party. The councilor. AGE OF THE OFFENDED PARTY May refer to old age or tender age of the victim. a ―combination of a house and a store‖. Agent . People vs.CRIMINAL LAW REVIEWER Par. (Art. Pugal.   If all the 4 circumstances are present. DWELLING (Morada) Building or structure. The chief of police should be considered a public authority because he is vested with authority to maintain peace and order over the entire municipality. 3 – ―That the act be committed with insult or in disregard of the respect due the offended party on account of his rank. If a crime of adultery was committed. Dwelling was considered aggravating on the part of the paramour. town municipal health officer. The offended party must not give provocation.D. If he is killed there. The aggravating circumstance is NOT to be considered in the following cases: (1) When the offender acted with passion and obfuscation. Lack of such knowledge indicates lack of intention to insult public authority. sex is not aggravating. Ambis). it will not be aggravating. (People v. (3) The offender knows him to be a public authority. b. Thus. the offender commits direct assault without this aggravating circumstance. With Insult or Lack of Regard Due to Offended Party by Reason of Rank. Mangsat) Disregard of rank. they have the weight of one aggravating circumstance only. each one is his own dwelling.  This is considered an AC because in certain cases. if the latter has not given provocation. Thus. barangay captain. So. which can be considered singly or together. agent of the BIR. governor. If crime is committed against the public authority while in the performance of his duty. People v. 2 is not applicable if committed in the presence of an agent only such as a police officer. 2 – ―that the crime be committed in contempt of or with insult to the public authorities‖.A subordinate public officer charged with the maintenance of public order and the protection and security of life and property. abduction. rest. (4) His presence has not prevented the offender from committing the criminal act. Dwelling should not be understood in the concept of a domicile: A person has more than one dwelling. When a crime is committed in the dwelling of the offended party and the latter has not given    3. and any person who comes to the aid of persons in authority. a public officer who has the power to govern and execute the laws. c. SEX OF THE OFFENDED PARTY This refers to the female sex. councilmen. There must be evidence that in the commission of the crime. (People v.‖  Four circumstances are enumerated in this paragraph. there is an abuse of confidence which the offended party reposed in the offender by opening the door to him. 152. (2) That he who is thus engaged in the exercise of his functions is not the person against whom the crime is committed. are persons in authority. are now considered a person in authority. Rodil (1981): There is the aggravating circumstance that the crime was committed in contempt of or with insult to public authorities when the chief of police was present when the incident occurred. Lopez) d. However. not to the male sex. that is. or that is be committed in the dwelling of the offended party. Valencia) (3) When the condition of being a woman is indispensable in the commission of the crime.  a. comfort and privacy. (Art. Ga) 60 Requisites: (1) That the public authority is engaged in the exercise of his functions. (People v. age. in the case of People v. provided that he also stays there once in a while. if a man has so many wives and he gave them places of their own. exclusively used for rest and comfort. barangay chairman etc. chief of police. Dwelling need not be owned by the offended party. if the paramour was also residing in the same dwelling. as amended by P. (People v. as amended by BP 873). or sex. Age or Sex Par. dwelling will be aggravating. Par. Magnaye. Public Authority / Person in Authority – is a person directly vested with jurisdiction.

Rios. as well as lawyers are persons in authority for purposes of direct assault and simple resistance.CRIMINAL LAW REVIEWER provocation. But dwelling is aggravating in robbery with violence or intimidation of persons because this class or robbery can be committed without the necessity of trespassing the sanctity of the offended party‘s house. 14 par. (3) That the abuse of confidence facilitated the commission of the crime. v. The servant poisoned the child. but not for purposes of aggravating circumstances in paragraph 2.S. ABUSE OF CONFIDENCE (Abuso de confianza) (1) That the offended party had trusted the offender. (2) That the offender abused such trust by committing a crime against the offended party. in robbery with homicide the authors thereof can commit the heinous crime without transgressing the sanctity of the victim's domicile. The husband went to the house of the sister-in-law and tried to persuade the wife to return to the conjugal home but the wife refused since she was more at peace in her sister‘s home than in their conjugal abode.   The confidence between the offender and the offended party must be immediate and personal. qualified theft (Art. 2000) It is not necessary that the accused should have actually entered the dwelling of the victim to commit the offense: it is enough that the victim was attacked inside his own house. disabled Laurencio and Jimmy by tying their hands before dragging them out of the house to be killed. However. (4) When the owner of the dwelling gave sufficient and immediate provocation. v. v. Par. (2) That the offender abused such trust by committing a crime against the offended party. In a case where the offender is a servant. b. a. (Art. Husband inflicted physical violence upon a wife. Cabato) (3) In the crime of trespass to dwelling. such as trespass to dwelling and robbery in an inhabited place. The ungratefulness must be obvious: (1) manifest and (2) clear. OBVIOUS UNGRATEFULNESS (1) That the offended party had trusted the offender.S. (Art. (People v.S. Tapan) coerced their inhabitants into submission. dwelling may be appreciated as an aggravating circumstance. People v. It is inherent in malversation (Art. peace of mind and comfort. (People v. Due to the wife‘s refusal the husband pulled out a knife and stabbed the wife to death. 4 provides two aggravating circumstances. Provocation in the aggravating circumstance of dwelling must be: (a) given by the offended party (b) sufficient. 315) and qualified seduction. If present in the same case. intimidated and 4. dwelling is not aggravating because it is inherent. 217). the lower floor being used as a video rental store and not as a private place of abode or residence. (3) That the act be committed with obvious ungratefulness. estafa by conversion or misappropriation (Art. 4 – ―That the act be committed with abuse of confidence or obvious ungratefulness‖. (U. 3) 61   Illustration: Husband and wife quarrelled. the foot of the staircase and the enclosure under the house. it is inherent or included by law in defining the crime. (People v. Cas). 1969) Dwelling includes dependencies. Taoan: Teachers. People v. 337). supervisors of public and duly recognized private schools. People vs. Abuse of Confidence and Obvious Ungratefulness Par. The wife left the conjugal home and went to the house of her sister bringing her personal belongings with her. the robbers demonstrated an impudent disregard of the inviolability of the victims' abode when they forced their way in. The sister accommodated the wife in her home. the offended party is one of the members of the family. It was held that . Rodriguez). (People v. dwelling is considered inherent in the crimes which can only be committed in the abode of the victim. Taño (2000): Held: Dwelling cannot be appreciated as an aggravating circumstance in this case because the rape was committed in the ground floor of a twostory structure. Article 14. and this is true even if offender is a servant of the house. Arizobal (2000): Generally. 310). Ompaid. and (c) immediate to the commission of the crime. Caliso) (2) When the robbery is committed by the use of force things. It was held that dwelling was aggravating although it is not owned by the victim since she is considered a member of the family who owns the dwelling and that place is where she enjoyed privacy. Dwelling is not aggravating in the following cases: (1) When both offender and offended party are occupants of the same house (U. although the assailant may have devised means to perpetrate the assault. (U. colleges and universities. looted their houses. In the case at bar. professors. they must be independently appreciated.

Public duty is performed Public duty is performed in their office outside of their office The offended party may The public authority . Mary Ann and lived with her and her father. or in an uninhabited place. 6. however. whenever such circumstances may facilitate the commission of the offense. a. abuse of confidence will no longer be aggravating. or (3) When the offender took advantage thereof for the purpose of impunity.CRIMINAL LAW REVIEWER abuse of confidence is aggravating. 6 ―That the crime be committed in the night time.  The President need not be in the palace. Uninhabited Place (Despoblado). Nighttime (Nocturnidad). or may not be the public authority  should not be offended party the 62 As regards the place where the public authorities are engaged in the discharge of their duties. Note: Offender must have the intention to commit a crime when he entered the place.  Nighttime need not be specifically sought for when: (1) the offender purposely took advantage of nighttime. b. or (2) it facilitated the commission of the offense. Public authorities are engaged in the performance of their duties.‖ If it is the Malacañang palace or a church it is aggravating regardless of whether State or official or religious functions are being held. NIGHTTIME (Nocturnidad) The commission of the crime must begin and be accomplished in the nighttime (after sunset and before sunrise). 5 Par. Aguinaldo) The offenders must choose the place as an aid either (1) to an easy and uninterrupted 5. the culprit taking advantage of the offended party's belief that the former would not abuse said confidence.   Solitude must be sought to better attain the criminal purpose. Whenever more than three armed malefactors shall have acted together in the commission of an offense. The confidence must be a means of facilitating the commission of the crime. or where public authorities are engaged in the discharge of their duties. if the servant was still in the service of the family when he did the killing.  Nighttime by and of itself is not an aggravating circumstance. it is essential to show that the confidence between the parties must be immediate and personal such as would give the accused some advantage or make it easier for him to commit the criminal act.  It also applies even if he is not engaged in the discharge of his duties in the place where the crime was committed. 5 – ―That the crime be committed in the palace of the Chief Executive or in his presence.  His presence alone in any place where the crime is committed is enough to constitute the AC. there must be some performance of public functions. Held: The aggravating circumstance of abuse of confidence is present in this case.  When the place is illuminated by light. Arrojado helped care for the victim’s father for which he was paid a P1. (3) revealing a greater degree of perversity. nighttime is not aggravating. Requisites: (1) When it facilitated the commission of the crime. Thereafter he claimed that the latter committed suicide. Arrojado (2001): Arrojado is the first cousin of the victim. Arrojado killed Mary Ann by stabbing her with a knife. Par. The reason is because that confidence has already been terminated when the offender was driven out of the house.‖ These 3 circumstances may be considered separately: (1) when their elements are distinctly perceived and (2) can subsist independently. or (2) When especially sought for by the offender to insure the commission of the crime or for the purpose of impunity.000 monthly salary. For this aggravating circumstance to exist. there was a reasonable possibility of the victim receiving some help. This is only true. 2 Where public Contempt or insult to authorities are engaged public authorities in the discharge of their duties. (People v. With a Band (Cuadrilla) Par. Jaurigue)  Cemeteries are not places dedicated for religious worship. People v. or by a band. (People v.  The offense must be actually committed in the darkness of the night. it shall be deemed to have been committed by a band. Crime in Palace or in Presence of the Chief Executive Par. or in a place dedicated to religious worship. If he was driven by the master out of the house for some time and he came back to poison the child. UNINHABITED PLACE (Desplobado) It is determined not by the distance of the nearest house to the scene of the crime but whether or not in the place of the commission of the offense.

6 By a band Requires more than 3 armed malefactors Requires that more than three armed malefactors shall have Par. Edwin was carrying a torch at that time as it was already dark. nothing else suggests that it was consciously resorted to by Bermas. shipwreck.S. Librando (2000): Edwin.  The offender must take advantage of the calamity or misfortune. the crime was well illuminated by two pressure gas lamps. uninhabited place or band concur in the commission of the crime. epidemic or other calamity or misfortune. the chances of B receiving some help was very little. Suddenly. The trial court considered nighttime and uninhabited place as just one aggravating circumstance. earthquake. Eddie followed suit and delivered another blow to Edwin. Larry and Eddie. (U. revealing a greater degree of perversity. 7 ―That the crime be committed on the occasion of a conflagration. Vitug).  ―OR OTHER CALAMITY OR MISFORTUNE‖ – refers to other conditions of distress similar to ―conflagration. adds to their suffering by taking advantage of their misfortune and despoiling them. ―That the crime be committed on the occasion of a conflagration. all will constitute one aggravating circumstance only as a general rule although they can be considered separately if their elements are distinctly perceived and can subsist independently. it becomes so only when: 1) it is specially sought by the offender. nighttime is not an aggravating circumstance. were traversing a hilly portion of a trail on their way home when they met Raelito Librando. and a relative. or it facilitates the commission of the crime by insuring the offender‘s immunity from capture. Held: The court did not err in considering nighttime and uninhabited place as just one aggravating circumstance. 63 In this case. On Occasion of a Calamity Par. Par. The armed men must have acted together in the commission of the crime. Edwin ran but he was chased by Raelito. BAND (Cuadrilla) There should (1) Be at least be four persons (2) At least 4 of them should be armed (3) and are principals by direct participation. considering the fact that A and C before being able to give assistance still have to jump into the water and swim towards B and the time it would take them to do that. Also. despite the fact that there were other persons not so far from the scene. In fact. The court cited the case of People vs. People v. nighttime is absorbed in treachery and can not be appreciated as a generic aggravating circumstance. epidemic or other calamity or misfortune‖ Requisites: (1) That the armed men or persons took indirectly part in the commission of the crime. 2) 3) it was taken advantage of by him. Bermas (1999): By and of itself. Ensure Impunity (Auxilio de Gente Armada) Not applicable  When both the attacking party and the party attacked were equally armed. (2) That the accused availed himself of their aid or relied upon them when the crime was committed. Santos where it has been held that if the aggravating circumstances of nighttime. v. if treachery is also present in the commission of the crime. This is inherent in brigandage. Is there an aggravating circumstance of uninhabited place here? Yes. or when the offender did not avail himself of their aid nor knowingly count upon their assistance in the commission of the crime. 8 With aid of armed men At least two armed men This circumstance is present even if one of the offenders merely . 7. other than the time of the occurrence of the felony. not so far away. or 8. c. People v. instead of lending aid to the afflicted. Aid of Armed Men or Means to Par. D showed up from underwater and stabbed B. shipwreck. earthquake.CRIMINAL LAW REVIEWER accomplishment of their criminal designs. his daughter Aileen.  This aggravating circumstance is absorbed in the circumstance of abuse of superior strength.  Casual presence. 7. Fernando. Raelito inquired from Edwin the whereabouts of Fernando and without any warning hit Edwin with a piece of wood.‖ The rationale for this AC is the debased form of criminality of one who. B and C also are on board their respective bancas.  When the accused as well as those who cooperated with him in the commission of the crime acted under the same plan and for the same purpose. in the midst of a great calamity.‖   Illustration: A is on board a banca. that he might thereby be better secured against detection and punishment. Thereafter. shipwreck. the three men took turns hitting Edwin with pieces of wood until the latter fell and died. or (2) to insure concealment of the offense. earthquake or epidemic.

even if it is absolute because it only excuses the service of the penalty. amnesty extinguishes not only the penalty but also its effects. b. Recidivism (Reincidencia) Par. People v. 64  People v. he committed theft in 1983. his former conviction would not be aggravating. robo. Pardon does not erase recidivism. The reason for this is at the time the first crime was committed. He was also found guilty and was convicted of theft also in 1983. d. While the case was being tried. estafa or falsification. (Aquino. there was no other crime of which he was convicted so he cannot be regarded as a repeater. Illustration: In 1980. c.CRIMINAL LAW REVIEWER acted together in the commission of an offense Band members are all principals relied on their aid. He also did not appeal this decision.e. Different forms of repetition or habituality of offender a. hurto. However. (2) That he was previously convicted by final judgment of another crime. and such evidence is always admissible and conclusive unless the accused . Nonetheless. it is necessary to allege the same in the information and to attach thereto certified copies of the sentences rendered against the accused. and thereafter he is convicted of another crime of the same class as the former crimes.  The best evidence of a prior conviction is a certified copy of the original judgment of conviction. Habitual delinquency under Article 62 (5)—The offender 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.  What is required is previous conviction at the time of the trial. Quasi-recidivism under Article 160—Any person who shall ` a felony after having been convicted by final judgment before beginning to serve such sentence or while serving such sentence shall be punished by the maximum period prescribed by law for the new felony In recidivism. Is the accused a recidivist? NO. it is taken into account as aggravating in imposing the penalty. for actual aid is not necessary Armed men are mere accomplices himself denies his identity with the person convicted at the former trial. According to Art. the trial court may still give such AC credence if the accused does not object to the presentation. The subsequent conviction must refer to a felony committed later in order to constitute recidivism. if he is subsequently convicted of a crime embraced in the same title of the Revised Penal Code. it is necessary to allege it in the information and to attach certified true copies of 9. Repetition or reiteracion under Article 14 (9)—The offender has been previously punished for an offense to which the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty. Dacillo (2004): In order to appreciate recidivism as an aggravating circumstance. Recidivism under Article 14 (9)—The offender at the time of his trial for one crime shall have been previously convicted by final judgment of another embraced in the same title of the Revised Penal Code. The conviction became final because he did not appeal anymore and the trial for the earlier crime of robbery ended in 1984 for which he was also convicted. No matter how long ago the offender was convicted. is absorbed by Recidivism does not prescribe. Revised Penal Code) At the time of the trial means from the arraignment until after sentence is announced by the judge in open court. Licop: Aid of armed men includes ―armed women‖. Note: ―Aid of armed men‖ ―employment of a band‖. the crimes committed should be felonies. There is no recidivism if the crime committed is a violation of a special law. not the conviction. there was already a conviction by final judgment at the time of the trial for the second crime). What is controlling is the time of the trial. If the offender has  already served his sentence and  he was extended an absolute pardon. o the pardon shall erase the conviction including recidivism because there is no more penalty o so the pardon shall be understood as referring to the conviction or the effects of the crime. (3) That both the first and the second offenses are embraced in the same title of the Code. 8 ―That the crime be committed with the aid of armed men or persons who insure or afford impunity. is found guilty of any of the said crimes a third time or another. Molina (2000): To prove recidivism. 89. if a person was granted an amnesty. not the time of the commission of the offense (i. People vs. A committed robbery. (4) That the offender is convicted of the new offense.‖ Requisites: (1) That the offender is on trial for an offense.

(2) That he previously served sentence for another offense to which the law attaches: (a) an equal or (b) greater penalty. 10 ―That the offender has been previously punished by 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. or (c) for 2 or more crimes to which it attaches lighter penalty than that for the new offense. serious physical injuries.‖ Requisites: (1) That the accused is on trial for an offense. or is legally considered to have done so. People v. 14. an additional penalty shall be imposed depending upon whether it is already the third conviction. trespass to dwelling. theft.  quasi-recidivism cannot at the same time constitute reiteracion. Recidivism is imprescriptible. Par. is present when the accused has been previously punished for an offense to which the law attaches an equal or greater penalty than that attached by law to the second offense or for two or more Rationale is the proven resistance to rehabilitation Art. frustrated homicide. It is a generic aggravating circumstance which can be offset by an ordinary mitigating circumstance. and (3) That he is convicted of the new offense. it is essential that the offender be previously punished. of The Revised Penal Code. The trial court convicted him as charged and sentenced him to death. 10 Reiteracion It is necessary that the offender shall have served out his sentence for the first offense. In Reiteracion or Habituality. Held: The records show that the crime was aggravated by reiteracion under Art. If the same set of facts constitutes recidivism and reiteracion. it is enough that they may be embraced under the same title of the Revised Penal Code Par. robbery. Reiteracion/Habituality Par. 10.CRIMINAL LAW REVIEWER the sentences previously meted out to the accused. in accordance with Rule 110. Cajara (2000): Accused Cajara raped 16year old Marita in front of his common-law wife who is the half-sister of the victim and his two small children. Par. If not offset. hence the latter cannot apply to a quasi-recidivist. 10. Aside from the penalty prescribed by law for the crime committed. illegal possession of firearms and murder sometime in 1989 where his sentences were later commuted to imprisonment for 23 years and a fine of P200. d. the fourth.  not the penalty actually imposed Par. 5 Habitual Delinquency At least three convictions are required The crimes are limited and specified to: a.00. 9 Recidivism It is enough that a final judgment has been rendered in the first offense. par. falsification There is a time limit of not more than 10 years between every conviction computed 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 Habitual delinquency is a special aggravating circumstance. it would only increase the penalty prescribed by law for the crime committed to its maximum period Since reiteracion provides that the accused has duly served the sentence for previous conviction/s. c. b. he has served sentence. hence it cannot be offset by any mitigating circumstance. Less serious physical injuries. f.  the liability of the accused should be aggravated by recidivism which can be easily proven. The previous and subsequent offenses must not be embraced in the same title of the Code Not always aggravating circumstance an There is no time limit between the first conviction and the subsequent conviction. He was granted conditional pardon by the President of the Philippines on 8 November 1991. estafa or swindling and . 14. that is. e. the fifth and so on 65 10. 62 par. 9 Recidivism Two convictions are enough The crimes are not specified. 10 speaks of  penalty attached to the offense. the accused having been convicted of frustrated murder in 1975 and of homicide. Reiteracion or habituality under Art. Requires that the offenses be included in the same title of the Code Always to be taken into consideration in fixing the penalty to be imposed upon the accused Rationale is the proven tendency to commit a similar offense Art. Section 8 of the Revised Rules of Criminal Procedure. par. 14. herein cited.000.

or  That the same were actually delivered.‖  Unless used by the offender as a means to accomplish a criminal purpose. o it being sufficient that the offer made by the principal by inducement was accepted by the principal by direct participation before the commission of the offense.    When another AC already qualifies the crime. it is homicide since it is noted that they were arguing.CRIMINAL LAW REVIEWER offenses to which it attaches a lighter penalty. this is murder. fire. Afraid that A might kill him too.  an interval long enough for his conscience and better judgment to overcome his evil desire and scheme. lInundation. derailment of a locomotive. to allow him to reflect upon the consequences of his act and to allow is conscience to overcome the resolution of his will. If without previous promise it was given voluntarily after a crime was committed as an expression of his appreciation for the sympathy and aid shown by the other accused. The essence of premeditation  an opportunity to coolly and serenely think and deliberate o on the meaning and o consequences of what he planned to do. such as in the instant case. As far as the killing of B is concerned. Where the law prescribes a single indivisible penalty. the son of B was also in their house and who was peeping through the door and saw what A did. .the crime is arson even if someone dies as a consequence. Gamao). the one who gives or offers the price or promise. it is arson since he intended to burn the house only. Reward or Promise in There is no such crime as murder with arson or arson with homicide. If the intent is to kill .   13.‖ When this AC is present. or promise. It could not be murder. there must be 2 or more principals: a. As a consequence. As far as the killing of C is concerned. you burn down his house while the latter is inside. and must be evident. Fire is not aggravating in the crime of arson. C was burned and eventually died too. Prize. (2) An act manifestly indicating that the culprit has clung to his determination. As already discussed. Whenever a killing is done with the use of fire. and b. 12 ―That the act be committed with evident premeditation. it shall be applied regardless of the mitigating or aggravating circumstances attendant to the crime. (U. any of the circumstances in paragraph 12 cannot be considered to increase the penalty or to change the nature of the offense. or by the use of any other artifice involving great waste and ruin. reward or promise:  Need not consist of or refer to material things. Poison Par. it affects not only the person who received the price or reward. A then dragged B‘s body and poured gasoline on it and burned the house altogether.there is murder even if the house is burned in the process. The evidence must show that one of the accused used money or valuable consideration for the purpose of inducing another to perform the deed. One argument led to another until A struck B to death with a bolo. Durante)  The premeditation must be based upon external facts. The price. 66 11. 12 – ―That the crime be committed by means of inundation. the one who accepts it. A did not know that C. 11 ―That the crime be committed consideration of a price.  Evident Premeditation (Premeditacion Conocida) Par. stranding of a vessel or international damage thereto. Evident premeditation implies  a deliberate planning of the act  before executing it. any of these AC‘s shall be considered as generic aggravating circumstance only.‖ Requisites: (1) The time when the offender determined to commit the crime. The crime is only murder. Par. not merely suspected indicating deliberate planning. but also the person who gave it.S. as when you kill someone. and (3) A sufficient lapse of time between the determination and execution. If the intent is to destroy property . Illustration: A and B were arguing about something. herein accused can be convicted only of simple rape and the imposable penalty therefor is reclusion perpetua. 12. it should not be taken into consideration for the purpose of increasing the penalty. reward. v. because he directly induces the latter to commit the crime. When this AC is present.  Both of whom are principals to the former. explosion. poison. Fire. (People v. he hid somewhere in the house. and the latter because he commits it.

like any other circumstance that qualifies a killing to murder. Eduardo held. Manalinde. 14. A told B that someday he will kill B. evident premeditation cannot be presumed. People v. there must be a manifest indication that they clung to their determination. Salpigao: Evident premeditation is presumed to exist when conspiracy is directly established.‖ On Friday. must be established beyond reasonable doubt as conclusively and indubitably as the killing itself. it is proper to consider against the offender the aggravating circumstance of evident premeditation. Insofar as B is concerned. Pio then stabbed Dario near the breast with a fan knife. Fraud (Fraude) or Disguise (Disfraz) Was there evident premeditation? There is aberratio ictus. a black belt in karate. C and D fought on Monday but since C already suffered so many blows. v. Eduardo stabbed Dario and fled with his three companions from the scene. estafa. C killed D. In the present case. A told B. A and B fought on Monday. the crime is attempted murder because there is evident premeditation. the four assaulted Dario. 2. After the offenders had determined to clung commit the crime. When Dario arrived on board a taxicab. It is employed as a scheme in the execution of the crime. For the circumstance of evident premeditation to be appreciated. Insofar as C is concerned. with his right hand.‖ Involves intellectual trickery and cunning on the part of the accused. Valeriano) In order that premeditation may exist. What condition is missing to bring about evident premeditation? Evidence to show that between Monday and Friday. A boxed B. The 2 others held Dario's right hand and hair. the prosecution failed to prove any overt acts on the part of the appellant and his cohorts showing that that they had clung to any plan to kill the victim. People v. the existence of evident premeditation can be taken for granted.S. with proof of the attendant deliberation and selection of the method. because whoever is killed by him is contemplated in the premeditation. Eduardo and Pio. They positioned themselves in the alley near the house of Dario. it is not necessary that the accused premeditated the killing of a particular individual. (People v. A killed B. that murder cannot be considered for C. Is there evident premeditation in both cases? None in both cases. he waited for B but killed C instead. it may be aggravating in robbery with homicide if the premeditation included the killing of the victim. the wrist of Dario and covered the mouth of Dario with his left hand. no evidence was presented by the prosecution as to when and how appellant planned and prepared for the killing of the victim. People v. When conspiracy is merely implied. However. 67     Illustrations: 1. (US v. (U. Settled is the rule that evident premeditation. Mondijar (2002): Held: There was no evident premeditation. time and means of executing the crime. and 2 others decided to confront Dario. If the offender premeditated on the killing of any person (general attack). the offender clung to his determination to kill the victim. On Friday. Eduardo. There is no showing of any notorious act evidencing a determination to commit the crime which could prove appellant's criminal intent. However. fraud or disguise be employed. A and B had a quarrel. Biso (2003): Dario. 14 ―That the craft.CRIMINAL LAW REVIEWER  The date and time when the offender determined to commit the crime is essential. the prosecution must present clear and positive evidence of the planning and preparation undertaken by the offender prior to the commission of the crime. entered an eatery. 1909) latter must be proved just like any other fact. Except for the fact that the appellant and his three companions waited in an alley for Dario to return to his house. and related to him what Dario had done to Teresita. he told D. ―This week shall not pass. Eduardo contacted his cousin. qualify. Biso. 3. an ex-convict and a known toughie in the area. Held: There was no evident premeditation. and falsification. the Par. adultery. Craft (Astucia). So. FRAUD  Insidious words or machinations used o to induce the victim o to act in a manner . On Friday. I will kill you. seated himself beside Teresita and made sexual advances to her in the presence of her brother.‖ A bought firearms. the prosecution failed to prove how the malefactors intended to consummate the crime. The prosecution failed to prove that the four intended to kill Dario and if they did intend to kill him. acts indicative of his having clung to his determination to kill B. Cornejo) Evident premeditation is inherent in robbery. the crime is homicide because there was no evident premeditation. Where conspiracy is directly established. because the lapse of time for the purpose of the third requisite is computed from that date and time. ―I will kill you this week.

Versus by a band:  In the circumstance of abuse of superior strength. Lobrigas (2002): The crime committed was murder qualified by the aggravating circumstance of abuse of superior strength. Superior Strength or Means to Weaken Defense To TAKE ADVANTAGE of superior strength means  to use purposely excessive force  out of proportion to the means of defense available to the person attacked. accused attacked an unarmed girl with a knife. 3 men stabbed to death the female victim). Masilang: There was also craft where after hitching a ride. build. The disparity in age between the assailant and the victim. People v. the culprits were recognized by the victim. To appreciate abuse of superior strength. It did not matter that appellant was "dark" with a "slim body build" or "medyo mataba.  But if in spite of the use of handkerchief to cover their faces. disguise is not considered aggravating. They must have notoriously selected and made use of superior strength in the commission of the crime. Superiority may arise from  aggressor‘s sex. when in fact they had already planned to kill the driver. Ocumen. Carpio: There must be evidence of notorious inequality of forces between the offender and the offended party in their age. thus. size and strength. . No advantage of superior strength when  one who attacks is overcome with passion and obfuscation or  when quarrel arose unexpectedly and the fatal blow was struck while victim and accused were struggling. the accused requested the driver to take them to a place to visit somebody. what is taken into account is o not the number of aggressors nor the fact that they are armed o but their relative physical might vis-à-vis the offended party Means Employed to Weaken Defense  This circumstance is applicable only o to crimes against persons and o sometimes against person and property. By saying that he would accompany the victim to see the cows which the latter intended to buy. there must be a deliberate intent on the part of the malefactors to take advantage of their greater number. The mere fact that there were two persons who attacked the victim does not per se constitute abuse of superior strength. The court cited the case of People vs." What mattered was that the malefactor was male and armed with a lethal weapon that he used to slay the victim. or o they may co-exist independently where they are adopted for a different purpose in the commission of the crime. false hair or beard. People v. Fraud When there is a DIRECT INDUCEMENT by insidious words or machinations Craft The act of the accused was done in order NOT TO AROUSE SUSPICION DISGUISE  Resorting to any device to conceal identity. methods or forms for the treacherous strategy.g. where an attack by a man with a deadly weapon upon an unarmed woman constitutes the circumstance of abuse of that superiority which his sex and the weapon used in the act afforded him. and from which the woman was unable to defend herself. People v. Barcelon (2002): Held: Abuse of superior strength was present in the commission of the crime. When there is a direct inducement by insidious words or machinations. such as robbery with physical injuries or homicide. aged 29 and 69.  otherwise it will fall under treachery People v. 15. respectively. weapon or number  as compared to that of the victim (e. fraud is present. People v. separate from the means subsequently used to treacherously kill the defenseless driver. such as the use of a mask. People v. The means used must not totally eliminate possible defense of the victim. 68 CRAFT  Craft and fraud may be o absorbed in treachery if they have been deliberately adopted as the means.CRIMINAL LAW REVIEWER  which would enable the offender to carry out his design. appellant was able to lure the victim to go with him. To take advantage of superior strength is to use excessive force that is out of proportion to the means for selfdefense available to the person attacked. the prosecution must clearly show the offenders' deliberate intent to do so. it was held that there was craft directed to the theft of the vehicle. San Pedro: Where the accused pretended to hire the driver in order to get his vehicle. Labuguen (2000): Craft involves intellectual trickery and cunning on the part of the offender. and that the offender took advantage of such superior strength in the commission of the crime. indicates physical superiority on appellant's part over the deceased.  The test of disguise is o whether the device or contrivance resorted to by the offender o was intended to or did make identification more difficult.

Rules Regarding Treachery (1) Applicable only to crimes against persons. methods or forms need not insure accomplishment or consummation of the crime. so long as the decision was made all of a sudden and the victim‘s helpless position was accidental. (People v. The prosecution should still prove that the assailants purposely used excessive force out of proportion to the means of defense available to the persons attacked. It must be proved by clear and convincing evidence. and (2) That the offender consciously adopted the particular means. it is sufficient that treachery was present AT THE MOMENT THE FATAL BLOW WAS GIVEN. 16. v. Illustration: A and B have been quarreling for some time. Flores also stabbed Jaime‘s wife Aileen who had been awakened. sex and weapon gave him over his unarmed victim. 16 – ―That the act be committed with treachery (alevosia) There is treachery when the offender commits any of the crimes against the person. what should be considered is whether the aggressors took advantage of their combined strength in order to consummate the offense. (U. the offended party was not able to put up any defense. (People v. To take advantage of superior strength means to purposely use excessive force out of proportion to the means available to the person attacked to defend himself. Santos).   ensure its execution without risk to himself arising from the defense which the offended party might make. Treachery (Alevosia) Par. Aileen died on the hospital on the same day. he stabbed B. without risk to himself arising from the defense which the offended party might make. Lubreo).CRIMINAL LAW REVIEWER People v. calculation or reflection. methods and form in the commission of the crime:  which tend directly and specially to . One day. The suddenness of the attack does not. method or form of attack employed by him. People v.  The treacherous character of the means employed in the aggression does not depend upon the result thereof but upon the means itself. entered the house of the Bocatejas by cutting a hole in the kitchen door. to appreciate the qualifying circumstance of abuse of superior strength. Ventura announced a hold-up and hit Jaime on the head and asked for the keys. (2) Means. Held: By deliberately employing a deadly weapon against Aileen. Flores then stabbed Jaime 3 times. employing means. Aileen tried to defend herself with an electric cord to no avail. A proposed that to celebrate their renewed friendship. Ventura (2004): Ventura armed with a .  The accused must make some preparation to kill the deceased in such manner as to insure the execution of the crime or to make it impossible or hard for the person attacked to defend himself or retaliate.  If the offended party was able to put up a defense. of itself. method or form employed by the offender. 69 The essence of treachery is that by virtue of the means. A was just waiting for him to get intoxicated and after which. or forms in the execution thereof which tend directly and specially to insure its execution. methods. suffice to support a finding of alevosia. there is no treachery. B was having too much to drink.‖ Requisites: (1) The employment of means of execution that gave the person attacked no opportunity to defens himself or retaliate. The fact that Aileen attempted to fend off the attack on her and her husband by throwing nearby objects.38 Caliber Home-made Revolver and Flores armed with a bladed weapon. Thus. Balagtas) (4) Treachery cannot be presumed. in that there was an interruption. would not necessarily indicate the attendance of abuse of superior strength. B accepted.  Attacked from behind Additional rules:  When the aggression is CONTINUOUS. Finally. Flores took advantage of the superiority which his strength. frustrated murder could be aggravated by treachery.  Instead. some other aggravating circumstance may be present but it is no longer treachery. even only a token one.  When the assault WAS NOT CONTINUOUS.S. Employment of means. even assuming it to be a fact. they were going to drink. (People v. Sansaet (2002): Held: Mere superiority in number. (3) The mode of attack must be consciously adopted. treachery must be present in the BEGINNING of the assault. at appellant Flores does not automatically negate the possibility that the latter was able to take advantage of his superior strength. Attacks show intention to eliminate risk:  Victim asleep  Victim half-awake or just awakened  Victim grappling or being held. even if the purpose was to kill. such as an electric cord. A approached B and befriended him. Jaime called out for help and tried to wrestle the gun away from Ventura. Tumaob)  It must be a result of meditation.

Dumadag offered Prudente a drink of Tanduay but the latter refused then left. People v. It was triggered by the appellant's anger because of the victim's refusal to have a drink with the appellant and his companions. Treachery absorbs: (1) Abuse of superior strength (U. Alfanta (1999): There was ignominy because the accused not only used missionary position but also ―the same position as dogs do. it is required that the offense be committed in a manner that tends to make its effect more humiliating.‖   It is a circumstance pertaining to the moral order. the suddenness and the unexpectedness of the attack. just to intoxicate the latter. Held: As a general rule. ignominy cannot be taken against the accused. People v. Dumadag (2004): Prudente with his friends including Meliston agreed to meet at a swimming pool to celebrate the feast of St. there is ignominy if the sexual act is performed not by consenting parties. People v. The   People v. 1 of whom is Dumadag are having some drinks. Raping a woman from behind is ignominous because that is not the normal form of intercourse. In this case. co-exist with passion and rule does not apply if the attack was not preconceived but merely triggered by infuriation of the appellant on an act made by the victim. We cannot. v. The injuries established the manner in which the killing was cruelly carried out with little or no risk to the assailant. the information states that Victorino's sexual organ was severed after he was shot and there is no allegation that it was done to add ignominy to the natural effects of the act. therefore. Applicable to crimes against chastity. Estopia) (2) Use of means to weaken the defense (People v. rape. methods or manner of execution that would ensure the offender's safety from any defense or retaliatory act on the part of the offended party. Cachola (2004): For ignominy to be appreciated. Ferrera) (4) Nighttime (People v. To constitute treachery. Rendaje (2000): Treachery qualified the killing to murder. even a frontal attack could be treacherous when unexpected and on an unarmed victim who would be in no position to repel the attack or avoid it. No one has positively testified on how Lennie was killed but the victim‘s body shows the manner in which she was attacked by her assailant. People v. which thus deprived her of the opportunity to run or fight back. it is apparent that the attack was not preconceived. John. On their way home. most of which were inflicted at the back of the child — unarmed and alone — shows the deliberateness. Torrefiel (1947): The novelty of the manner in which the accused raped the victim by winding cogon grass around his genitals augmented the wrong done by increasing its pain and adding ignominy thereto. it is something which offends the morals of the offended woman. If this was the very means employed. Kintuan) (5) Craft (People v. whether frontally or from behind. light or grave coercion and murder. Ampo-an) 70 17. consider ignominy as an . 17 ―That means be employed or circumstances brought about which add ignominy to the natural effects of the act. there was heavy downpour so they decided to take a shelter at a store where 2 men. Siatong) (3) Aid of armed men (People v. Although the ―dog position‖ is not novel and often been used by couples. Malig) (6) By a band (People v. The number of stab wounds. a sudden attack by the assailant. It eloquently speaks for itself. Ilagan: Suddenness of the attack does not by itself constitute treachery in the absence of evidence that the manner of attack was consciously adopted by the offender to render the victim defenseless. In the present case. which adds disgrace to the material injury caused by the crime. thus adding to the victim's moral suffering. is treachery if such mode of attack was deliberately adopted by him with the purpose of depriving the victim of a chance to either fight or retreat.S.‖ He also inserted his finger inside her. two conditions must concur: (1) the employment of means. The means employed or the circumstances brought about must tend to make the effects of the crime MORE HUMILIATING or TO PUT THE OFFENDED PARTY TO SHAME. People v. Malejana: Treachery may still be appreciated even when the victim was forewarned of danger to his person. Dumadag followed Prudente and stabbed the victim on his breast with a knife which resulted to his death. and (2) the offender's deliberate or conscious choice of the means. the circumstance may be treachery and not abuse of superior strength or means to weaken the defense People vs. Thus. method or manner of execution. What is decisive is that the execution of the attack made it impossible for the victim to defend himself or to retaliate.CRIMINAL LAW REVIEWER A pretended to befriend B. less serious physical injuries. Where the victim was already dead when his body or a part thereof was dismembered. Treachery cannot obfuscation. Intoxication is the means deliberately employed by the offender to weaken the defense of the other party. This is how animals do it. Ignominy Par.

is broken in order to get out of the place.‖    There is unlawful entry when an entrance is effected by a way not intended for the purpose. 21. By Motor Vehicle Par. 18 – ―That the crime be committed after an unlawful entry. it is not necessary that the offender should have entered the . 20 – ―That the crime be committed with the aid of persons under fifteen years of age or by means of motor vehicles. motorized watercraft.     To be considered as an AC. These facts clearly show that Baliwang deliberately wanted to further humiliate Gloria. Floor. (2) That the other wrong be unnecessary for the execution of the purpose of the offender. roof. that is. building. With the aid of persons under 15 years of age  To repress. floor. 71 20.  this would also qualify the killing to murder due to outraging of his corpse. breaking the door must be utilized as a means to the commission of the crime. etc. This circumstance is aggravating only when used in the commission of the offense. Roof Requisites: (1) That the injury caused be deliberately increased by causing other wrong. airships. He committed his bestial deed in the presence of Gloria's old father. it must be shown that the accused enjoyed and delighted in making his victim suffer. Unlawful Entry Par. a wall. There is an unlawful entry when an entrance of a crime a wall. roof. It must have been used to facilitate the commission of the crime to be aggravating. or other similar means‖ a.CRIMINAL LAW REVIEWER aggravating circumstance.  If motor vehicles are used only in the escape of the offender. or of her husband. There is no unlawful entry when the door is broken and thereafter the accused made an entry thru the broken door. ―Or other similar means‖ – the expression should be understood as referring to  MOTORIZED vehicles or  other efficient means of transportation similar to automobile or airplane. Breaking Wall. What aggravates the liability of the offender is the breaking of a part of the building as a means to the commission of the crime. With Aid of Persons Under 15. If the victim was already dead when the acts of mutilation were being performed. It was established that Baliwang used the flashlight and examined the genital of Gloria before he ravished her. Ignominy shocks the moral conscience of man refers to the moral effect of a crime and it pertains to the moral order. or window be broken. thereby aggravating and compounding her moral sufferings. Cruelty 19. it is not aggravating. whether or not Cruelty physical refers to the physical suffering of the victim so he has to be alive Par. It is only aggravating in cases where the offender resorted to any of said means TO ENTER the house. If the wall. floor. it is not aggravating. the frequent practice resorted to by professional criminals of availing themselves of minors taking advantage of their lack of criminal responsibility (remember that minors are given leniency when they commit a crime) By means of a motor vehicle To counteract the great facilities found by modern criminals in said means to commit crime and flee and abscond once the same is committed. door or window be broken‖. b. or was made to exhibit to the rapists her complete nakedness before they raped her. Unlawful entry must be a means to effect entrance and not for escape. People v. door. so far as possible. Because of the phrase ―as a means to the commission of a crime‖. Unlawful entry is inherent in the crime of trespass to dwelling and robbery with force upon things but aggravating in the crime of robbery with violence against or intimidation of persons. 18. For it to exist. add to her moral suffering. or if the crime was committed in a manner that tends to make its effects more humiliating to the victim. Ignominy was appreciated in a case where a woman was raped in the presence of her betrothed. Bumidang (2000): The aggravating circumstance of ignominy shall be taken into account if means are employed or circumstances brought about which add ignominy to the natural effects of the offense. The breaking of the door is covered by paragraph 19. 19 – ―as a means to the commission of the crime.

When Willy finally collapsed. Court of Appeals (2006): With the passage of Republic Act. Sumalpong picked him up. Acquisition or Disposition. the use of an unlicensed firearm in murder homicide is now considered as a SPECIAL aggravating circumstance and not a generic aggravating circumstance. acquisition. Ammunition or Explosives (P. No.  2. People vs. disposition or possession of explosives. causing Willy to fall on his knees. Hence. Held: The circumstance of cruelty may not be considered as there is no showing that the victim was burned while he was still alive. The latter‘s skeletal remains were discovered by a child who was pasturing his cow near a peanut plantation. as amended by RA 8294.A.CRIMINAL LAW REVIEWER the victim is dead or alive ammunition or instruments used or intended to be used in the manufacture of firearms or ammunition… Provided. Decree Codifying the Laws on llegal/Unlawful Possession etc. De Gracia (1994): Ownership is not an essential element of illegal possession of firearms and ammunition. Decree Codifying the Laws on Illegal/Unlawful Possession. 72 People v. and carried Willy to a place where they burned Willy.A. Repacking or altering the composition of lawfully manufactured explosives. as amended by R. twice during 2000-2006) Acts punished 1. detonation agents or incendiary devices shall be considered as an aggravating circumstance. if the ―other crime‖ is murder or homicide. No cruelty is to be appreciated where the act constituting the alleged cruelty in the killing was perpetrated when the victim was already dead. as amended by R. Tampering of firearm's serial number. Dealing in. or attempted coup d'etat. Note: Under 2012 Supreme Court Syllabus. such use of an unlicensed firearm shall be considered as an aggravating circumstance. sale. a.D. People v. Palaganas vs. appellant can no longer be held liable for illegal possession of 1. 8294 on 6 June 1997. there can be no separate offense of simple illegal possession of firearms. there must be proof showing that the accused delighted in making their victim suffer slowly and gradually. If the violation of this section is in furtherance of or incident to. If homicide or murder is committed with the use of an unlicensed firearm. 1866. When a person commits any of the crimes defined in the Revised Penal Code or special laws  with the use of the aforementioned explosives. not a separate offense. carried him over his shoulder. That no other crime is committed. of Firearms.9165) 1. cruelty has to be ruled out for it connotes an act of deliberately and sadistically augmenting the wrong by causing another wrong not necessary for its commission. 4. People vs. illegal possession of firearms becomes merely an aggravating circumstance. Ladjaalam (2000): If an unlicensed firearm is used in the commission of any crime. Since direct assault with multiple attempted homicide was committed in this case. or insurrection. Sanglay. Unlawful manufacture. which results in the death of any person or persons. 8294) b. causing him unnecessary physical and moral pain in the consummation of the criminal act. What the law requires is merely possession which includes not only actual physical possession but also constructive possession. Unlawful manufacture. As testified to by Dr. sale. Qualifying a. detonation agents or incendiary devices. For cruelty to exist. sedition. Guerrero (2002): Appellant first severed the victim's head before his penis was cut-off. No proof was presented that would show that accused-appellants deliberately and wantonly augmented the suffering of their victim. This being the sequence of events. or inhumanely increasing the victim's suffering. 3.D.  the use of such explosives. Catian (2002): Catian repeatedly struck Willy with a "chako" on the head. such violation shall be absorbed as an element of the crime of rebellion. or in connection with the crime of rebellion or insurrection. acquisition. of Firearms. The Comprehensive Dangerous Drugs Act of 2002 (R. disposition or possession of firearms or . Calunod seconded by striking the victim with a piece of wood on the face. 1866. b. Ammunition or Explosives (P.A. Ernesto in fact died as a result of his head being severed. sedition. a. Manufacture. acts punishable under PD 1866. 8294) as an aggravating circumstance (Asked once in the Bar during 1979-1982. are under the subtopic qualifying aggravating circumstances but tagged as AGGRAVATING only. and reflected in her medical certificate. or attempted coup d'etat.

– Notwithstanding the provisions of Section 17. That the following conditions concur: (1) The information and testimony are necessary for the conviction of the persons described above. or should he/she violate any condition accompanying such immunity as provided above. coverage Sec. 66. 34. and may plead or prove the giving of such information and testimony in bar of such prosecution: Provided. or any information leading to the whereabouts. can be iii. 12. finally. except when there is no other direct evidence available for the State other than the information and testimony of said informant or witness. In case an informant or witness under this Act fails or refuses to testify without just cause. Minor offenders Sec. ii. who voluntarily gives information about any violation of Sections 4. Immunity from prosecution and punishment. 5. as amended. 8. As a qualifying aggravating circumstance Section 25. 6981 or the Witness Protection. 73 2. Termination of the Grant of Immunity. 15. or of any special penal laws. Rule 119 of the Revised Rules of Criminal Procedure and the provisions of Republic Act No. Comprehensive Dangerous Drugs Act of 2002 (RA 9165) i. Article II of this Act as well as any violation of the offenses mentioned if committed by a drug syndicate. That there is no direct evidence available for the State except for the information and testimony of the said informant or witness. 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. (3) Such information and testimony corroborated on its material points. further. Qualifying Aggravating Circumstances in the Commission of a Crime by an Offender Under the Influence of Dangerous Drugs. In such case. and the application of the penalty provided for in the Revised Penal Code shall be applicable. (2) Such information and testimony are not yet in the possession of the State. Sec. or of the Dangerous Drugs Act of 1972. lawfully imposed by the State as further consideration for the grant of immunity from prosecution and punishment. 14. shall not attach should it turn out subsequently that the information and/or testimony is false. as the case may be. Article II of this Act. (b) He/she has not been previously committed to a Center or to the care of a DOH-accredited physician. the informant or witness shall be subject to prosecution and the enjoyment of all rights and benefits previously accorded him under this Act or any other law. 10. and the enjoyment of all rights and benefits previously accorded him under this Act or in any other law. Provided. such individual cannot avail of the provisions under Article VIII of this Act.CRIMINAL LAW REVIEWER firearms. malicious or made only for the purpose of harassing. – Notwithstanding the provisions of any law to the contrary. and when lawfully obliged to do so. 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. 13. Suspension of Sentence of a First-Time Minor Offender. . decree or order shall be deemed terminated. molesting or in any way prejudicing the persons described in the preceding Section against whom such information or testimony is directed against. 6. and (c) The Board favorably recommends that his/her sentence be suspended. his/her immunity shall be removed and he/she shall likewise be subject to contempt and/or criminal prosecution. decree or order shall be deemed terminated. and 16. identities and arrest of all or any of the members thereof. and 19. a positive finding for the use of dangerous drugs shall be a qualifying aggravating circumstance in the commission of a crime by an offender. and who willingly testifies against such persons as described above. Security and Benefit Act of 1991. Immunity from Prosecution and Punishment. 33. as prescribed in Section 33 of this Act. reduced into writing. 11. or of the Revised Penal Code. any condition or undertaking. subject to the following conditions: (a) He/she has not been previously convicted of violating any provision of this Act. (4) the informant or witness has not been previously convicted of a crime involving moral turpitude. may be given the benefits of a suspended sentence. any person who has violated Sections 7. and (5) The informant or witness shall strictly and faithfully comply without delay. – An accused who is over fifteen (15) years of age at the time of the commission of the offense mentioned in Section 11 of this Act. In case the informant or witness referred to under this Act falls under the applicability of this Section hereof. shall be exempted from prosecution or punishment for the offense with reference to which his/her information of testimony were given. – The immunity granted to the informant or witness.

– The privilege of suspended sentence shall be availed of only once by an accused drug dependent who is a first-time offender over fifteen (15) years of age at the time of the commission of the violation of Section 15 of this Act but not more than eighteen (18) years of age at the time when judgment should have been promulgated. Promulgation of Sentence for First-Time Minor Offender. the provisions of the Revised Penal Code (Act No. – Notwithstanding any law. The community service shall be complied with under conditions. 10. R. Article 192 of Presidential Decree No. 98. 70. Thereafter. rule or regulation to the contrary. Sec. 67. Probation or Community Service for a First-Time Minor Offender in Lieu of Imprisonment. Upon recommendation of the Board. as amended by Presidential Decree No. the supervision and rehabilitative surveillance shall be undertaken by the Board through the DOH in coordination with the Board of Pardons and Parole and the Probation Administration. the judicial records shall be covered by the provisions of Sections 60 and 64 of this Act. Limited Applicability of the Revised Penal Code. Art. otherwise known as the Child and Youth Welfare Code. Upon the dismissal of the proceedings against the accused. the Board shall render a report on the manner of compliance of said community service. Records to be kept by the Department of Justice. 9165) provisions (sec. which shall be kept confidential. including the rules and regulations of the Center should confinement be required. the Board shall submit a written report to the court recommending termination of probation and a final discharge of the probationer. He/she shall not be held thereafter to be guilty of perjury or of concealment or misrepresentation by reason of his/her failure to acknowledge the case or recite any fact related thereto in response to any inquiry made of him for any purpose. Application/Non application of RPC provisions (Sec. time and place as may be determined by the court in its discretion and upon the recommendation of the Board and shall apply only to violators of Section 15 of this Act. If the sentence promulgated by the court requires imprisonment. whereupon the court shall issue such an order. – The DOJ shall keep a confidential record of the proceedings on suspension of sentence and shall not be used for any purpose other than to determine whether or not a person accused under this Act is a first-time minor offender. he/she shall be under the supervision and rehabilitative surveillance of the Board. Discharge After Compliance with Conditions of Suspended Sentence of a First-Time Minor Offender. as amended. Sec. upon a favorable recommendation of the Board for the final discharge of the accused. the penalty for acts punishable by life imprisonment to death provided herein shall be reclusion perpetua to death. In case of probation. unless the . shall discharge the accused and dismiss all proceedings. the period spent in the Center by the accused during the suspended sentence period shall be deducted from the sentence to be served. Upon compliance with the conditions of the probation. No. This Code shall be supplementary to such laws.CRIMINAL LAW REVIEWER While under suspended sentence. — Offenses which are or in the future may be punishable under special laws are not subject to the provisions of this Code. Sec. 69. The completion of the community service shall be under the supervision and rehabilitative surveillance of the Board during the period required by the court. the applicable rules and regulations of the Board exercising supervision and rehabilitative surveillance over him. – If the accused first-time minor offender violates any of the conditions of his/her suspended sentence. including confinement in a Center. – If the accused first time minor offender under suspended sentence complies with the applicable rules and regulations of the Board. In both cases. or impose community service in lieu of imprisonment. under such conditions that the court may impose for a period ranging from six (6) months to eighteen (18) months. – Upon promulgation of the sentence. without prejudice to the application of the provisions of this Section. in its discretion. Sec. Such an order. RA 9165. 10. the court may. or to the care of a DOH-accredited physician for at least six (6) months.A. RPC. 3814). shall not apply to the provisions of this Act. Art. The court in its discretion may require extension of the community service or order a final discharge. 68. Offenses not subject to the provisions of this Code. the court may commit the accused under suspended sentence to a Center. the court shall pronounce judgment of conviction and he/she shall serve sentence as any other convicted person. 1179 shall apply. Privilege of Suspended Sentence to be Availed of Only Once by a First-Time Minor Offender. 74 iv. RPC Section 98. 603. other than the confidential record to be retained by the DOJ relating to the case. the court shall enter an order to expunge all official records. shall restore the accused to his/her status prior to the case. except in the case of minor offenders. 98) cf. the court. Where the offender is a minor. place the accused under probation. with after-care and follow-up program for not more than eighteen (18) months. In the case of minors under fifteen (15) years of age at the time of the commission of any offense penalized under this Act. Section 71. even if the sentence provided under this Act is higher than that provided under existing law on probation.

Spouse Ascendant Descendant Brother Sister Relative by Affinity a. In such a case. iii. o regardless of whether the woman is of bad reputation. b. o regardless of whether the woman is of bad reputation. o even if the woman is 60 years old or more. v. collaborating. 263).  But if the offender is a brother of the offended woman or an ascendant of the offended woman. a spouse does not incur criminal liability for a crime of less serious physical injuries or serious physical injuries if this was inflicted after having surprised the offended spouse or paramour or mistress committing actual sexual intercourse. confederating or mutually helping one another c. RPC) Organized or syndicated crime group: a. In CRIMES AGAINST CHASTITY. o even if the woman is 60 years old or more.  when the offender and the offended party are relatives of the same level.  But if the offender is a brother of the offended woman or an ascendant of the offended woman. vi. 75 When CRIME AGAINST PERSONS is any of the SERIOUS PHYSICAL INJURIES (Art. relationship is qualifying. Also in Article 247. ii. or . Relationship 2. When the CRIME IS LESS SERIOUS People v. even if the offended party is a descendant of the offender. Where relationship is exempting In the case of an accessory who is related to the principal within the relationship prescribed in Article 20.  the offended woman must be a virgin and less than 18 years old. Special aggravating circumstance The maximum penalty shall be imposed  if the offense was committed by any person  who belongs to an organized or syndicated crime group.  relationship is always aggravating In the CRIME OF QUALIFIED SEDUCTION. relationship is AGGRAVATING. Intoxication 3. When the crime is LESS SERIOUS PHYSICAL INJURIES OR SLIGHT PHYSICAL INJURIES  if the offended party is a relative of a higher degree than the offender When crime against persons is HOMICIDE OR MURDER.  But the serious physical injuries must not be inflicted by a parent upon his child by excessive chastisement.CRIMINAL LAW REVIEWER latter should specially provide the contrary. Relationship (BRADSS) i. c.  relationship is aggravating even if the victim of the crime is a relative of lower degree. Atop (1998): 11-year-old Regina lives with E. In such a case. for the purpose of gain in the commission of a crime.  relationship is aggravating even if the victim of the crime is a relative of lower degree. relationship is qualifying. Alternative Circumstances (ASKED TWICE IN BAR EXAMS) THREE TYPES of alternative circumstances: 1. as killing a brother. In CRIMES AGAINST CHASTITY. a half-brother or adopted brother.  crime is qualified seduction. A group of two or more persons b.  relationship is always aggravating In the CRIME OF QUALIFIED SEDUCTION. Degree of education/instruction IMPORTANT POINT: Circumstances which must be taken in consideration as aggravating or mitigating according to the nature and effects of the crime 1. Where relationship is aggravating In CRIMES AGAINST PERSONS in cases where  the offended party is a relative of a higher degree than the offender (grandson kills grandfather). malicious mischief and swindling or estafa. Those commonly given in Article 332 when the crime of theft. OTHER AGGRAVATING CIRCUMSTANCE Organized or Syndicated Crime Group (Art. 62. a brother-in-law.  the offended woman must be a virgin and less than 18 years old. iv.  crime is qualified seduction. Where relationship is mitigating When the CRIME IS LESS SERIOUS PHYSICAL INJURIES OR SLIGHT PHYSICAL INJURIES  if the offended party is a relative of a higher degree than the offender When crime against persons is HOMICIDE OR MURDER.

natural or adopted brother or sister. considered mitigating. or (e) relative by affinity in the same degree. A habitual drunkard is one given to intoxication by excessive use of intoxicating drinks. (c) It is not the quantity of alcoholic drink. A person has planned or is about to commit a crime and ways and means are resorted to by a public officer to trap and catch the criminal. Instigation Entrapment Ways and means are resorted to for the purpose of trapping and capturing the lawbreaker in the execution of his criminal plan The means originate from the mind of the criminal. if not mitigating. A public officer or a private detective induces an innocent person to commit a crime and would arrest him upon or after the commission of the crime by the latter. of the offender. a suspected drug pusher who is unaware that A is a police officer. it must be indubitably proved. not subsequent to the plan to commit the crime. In this case. OTHER ABSOLUTORY CAUSES 4. 76 3. the and the Instigation The instigator practically induces the would-be accused into the commission of the offense and himself becomes a co-principal. 5) Absolutory causes are those where the act committed is a crime but for reasons of public policy and sentiment there is no penalty imposed. not habitual nor intentional. the offended party must either be the (a) spouse. a government anti-narcotics agent. In this case. Camano (1982): Intoxication is mitigating if accidental. The law enforcer conceives the commission of the crime and suggests to the accused who carries it into execution. ACTS NOT COVERED BY LAW AND IN CASE OF EXCESSIVE PUNISHMENT (ART. Marcos (2001): In order that the alternative circumstance of relationship may be taken into consideration in the imposition of the proper penalty. the intoxication of the appellant not being habitual and considering that the said appellant was in a state of intoxication at the time of the commission of the felony. Intoxication lessens the individual resistance to evil thought and undermines will-power making its victim a potential evil doer. Atop was found guilty of 4 counts of rape which was committed in 1993 (2x). To be mitigating. The accused must be acquitted because the offender simply acts as a tool of the law enforcers b. i. When mitigating (1) There must be an indication that (a) because of the alcoholic intake of the offender. People v. The lower court took into account the Aggravating Circumstance of relationship. such as killing a brother. Not a bar to prosecution conviction of lawbreaker. a. (2) That offender is (a) not a habitual drinker and (b) did not take alcoholic drink with the intention to reinforce his resolve to commit crime When Aggravating: (1) If intoxication is habitual (2) If it is intentional to embolden offender to commit crime 1. PARDON 3. (b) ascendant. degree of instruction must have some reasonable connection to the offense. Held: The law cannot be stretched to include persons attached by common-law relations. (b) he is suffering from diminished selfcontrol. 2. INSTIGATION 2. The rule is that relationship is aggravating in crimes against persons as when the offender and the offended party are relatives of the same level. b. F.. (d) Rather it is the effect of the alcohol upon the offender which shall be the basis of the mitigating circumstance. is automatically aggravating.CRIMINAL LAW REVIEWER her grandmother.g. (d) legitimate. (c) descendant. there is no blood relationship or legal bond that links Atop to his victim. parricide) To be considered mitigating. acted as a poseur buyer of shabu and negotiated with B. People v. The habit should be actual and confirmed. Intoxication It is only the circumstance of intoxication which a. It is aggravating if habitual or intentional.e. Degree of Instruction/ Education Refers to the lack of sufficient intelligence of and knowledge of the full significance of one‘s act Being illiterate does not mitigate liability if crime committed is one which one inherently understands as wrong (e.. 1994 and 1995. Atop is the common-law husband of her grandmother. the alternative circumstance of intoxication should be EXAMPLE OF ENTRAPMENT: A. Absolutory Causes There are FOUR TYPES of absolutory circumstances: 1. A then paid B in marked money and . It is unnecessary that it be a matter of daily occurrence. 5) IMPORTANT POINTS: Acts not covered by law and in case of excessive punishment (art.

77 2. US v. Pacis (2002): Yap. He obtained the profits in mind even through afterwards does take the necessary steps seize the instrument of the crime and to arrest the offenders. not instigation. but it simply a trap set to catch a criminal. It is a scheme or technique ensuring the apprehension of the criminals by being in the actual crime scene. Ways on how criminal liability is extinguished under Art 89. The informant introduced Yap to Pacis as an interested buyer. RAPE AND ACTS OF LASCIVIOUSNESS (Art 344). an employee of the Bureau of Internal Revenue. Spontaneous desistance Light felonies not consummated Accessories in light felonies Accessories exempt under Article 20 Trespass to dwelling to prevent serious harm to self exemption from criminal liability in crimes against property Under Article 332. In instigation. Upon Pacis's receipt of the payment. received information that a Pacis was offering to sell ½ kg of "shabu. 4. Entrapment . Pacis handed to Yap a paper bag with the markings "Yellow Cab". 247) Under Article 219. After the sale was consummated. 3. ways and means are resorted to for the purpose of trapping and capturing lawbreakers in the execution of their criminal plan. i. Does take the necessary steps to seize the instrument of the crime and to arrest the offenders before he obtained the profits in mind. a suspected pusher. exemptions from criminal liability for cases of theft. Pacis asked for the payment. Other Absolutory Causes a. b.CRIMINAL LAW REVIEWER the latter handed over a sachet of shabu. the cops closed in and arrested both B and C. the instigator (who is either a public officer or a private detective) practically induces the would-be accused into the commission of the offense. He induces a person to commit a crime for personal gain. 1761). b. d. In entrapment. the cops closed in on B EXAMPLE OF INSTIGATION: A. Exception: Pardon by marriage between the accused and the offended party in cases of SEDUCTION. instigators practically induce the would-be defendant into the commission of the offense and become co-principals themselves. There would only be civil liability. Lua Chu and Uy Se Tieng (1931) Held: Entrapment is not a case where an innocent person is induced to commit a crime merely to prosecute him. People v. leader of an anti-narcotics team. b. an NBI agent. They negotiated the sale of ½ kg of shabu. Acts Not Covered By Law And In Case Of Excessive Punishment Article 5 covers two situations: . While examining it.Entrapping persons into crime for the purpose of instituting criminal prosecutions. Held: Smith not only suggested the commission of the crime but also expressed his desire to commit the offense in paying the amount required for the arrangements. Such acts done by employees of government in encouraging or inducing persons to commit a crime in order to prosecute them are most reprehensible. People v. j. Phelps (1910): Phelps was charged and found guilty for violating the Opium Law (Act No. Instigation . into procuring opium. Yap gave the "boodle money" to Pacis. e. B was given marked money to pay C for a sachet of shabu. Phelps was induced by Smith. Entrapment is sanctioned by law as a legitimate method of apprehending criminal elements engaged in the sale and distribution of illegal drugs. h. He does not induce a person to commit a crime for personal gain or is not involved in the planning of the crime. providing for a venue and making arrangements for the two of them to smoke opium. g. Pardon General rule: Pardon does not extinguish criminal action (Art 23). f. The law officers shall not be guilty to the crime if they have done the following: a. Doesn‘t take the necessary steps to seize the instrument of the crime & to arrest the offenders before he obtained the profits in mind.The involvement of a law officer in the crime itself in the following manner: a. c. This is an instance of instigation where Smith. approached and persuaded B to act as a buyer of shabu and transact with C. swindling and malicious mischief. Held: The operation that led to the arrest of appellant was an entrapment." A buy-bust operation was approved. ABDUCTION. discovering secrets through seizure of correspondence of the ward by their guardian is not penalized. the officers identified themselves as NBI agents and arrested him. c. Death under exceptional circumstances (Art. Upon signal.

when more than one person participated in the commission of the crime. Mother killing her new born child to conceal her dishonor. 78 b.D. only the principal and the accomplice are liable. PERSONS CRIMINALLY LIABLE/DEGREE OF PARTICIPATION Including A. less grave or light felony:  When the felony is grave. B. This classification is true only under the RPC and is not applied under special laws.  conspiracy is generally not a crime unless the law specifically provides a penalty therefore. the law looks into their participation because in punishing offenders. The proper judgment is acquittal. The discomfort faced by those forced by law to impose death penalty is an ancient one. CHAPTER IV. the judge should impose the law the judge should impose the law. The concealment of dishonor is an extenuating circumstance insofar as the unwed mother or the maternal grandparents are concerned. Why one who does not appear at the scene of the crime is not liable:  his non-appearance is deemed desistance which is favored and encouraged. 3. that of suffering from an illness which diminishes the exercise of his will poser without. The most that he could do is recommend to the Chief Executive to grant executive clemency. or less grave. but accessories are not liable for light felonies. The court cannot convict the accused because the acts do not constitute a crime. the penalty shall be death. PRINCIPAL ACCOMPLICE ACCESSORY People v. An unwed mother killed her child in order to conceal a dishonor. all participants are criminally liable. Principal 1. But he would be given the benefit of a mitigating circumstance analogous to paragraph 9 of Article 13. Where the court finds the penalty prescribed for the crime too harsh considering the conditions surrounding the commission of the crime. By Direct Participation Those who are liable:  materially execute the crime. penalty is lowered by two degrees. efficacy or morality of law. the judges should impose the proper penalty and civil liability provided for by the law on the accused. but not insofar as the father of the child is concerned.  appear at the scene of the crime.  Therefore. 2. culprit/s. The Rules of Court mandates that after an adjudication of guilt.  perform acts necessary in the commission of the offense. depriving him of the consciousness of his act. this is an extenuating circumstance. The accessory is not. Courts are not concerned with wisdom. EXTENUATING CIRCUMSTANCES Circumstances which mitigate the criminal liability of the offender but not found in Article 13 Illustration: A kleptomaniac is criminally liable. however. but it is a matter upon which judges have no choice. By Direct Participation By Inducement By Indispensable Cooperation 1. .  there is no basis for criminal liability because there is no criminal participation. but the court is mandated to report to the Chief Executive that said act be made subject of penal legislation and why.  But when the felony is only light.CRIMINAL LAW REVIEWER a. A. DECREE PENALIZING OBSTRUCTION OF APPREHENSION AND PROSECUTION OF CRIMINAL OFFENDERS (P. Veneracion (1995): Held: The law plainly and unequivocally provides that ―when by reason or on the occasion of rape. 1829) Under the Revised Penal Code. the Revised Penal Code classifies them as: A. C. Do not use the term ―principal‖ when the crime committed is a violation of special law (use the term ―offender/s. a homicide is committed. it is only when the light felony is against persons or property that criminal liability attaches to the principal or accomplice. Since there is a material lowering of the penalty or mitigating the penalty. even though the felony is only attempted or frustrated. because the penalties under the latter are never graduated. accused) As to the liability of the participants in the grave.

One of the sons of family A came out with a shotgun. not a command to be obeyed. shoot him‖ cannot make the wife a principal by inducement. Is the mother liable? No. then such cooperator would be a principal. Oscar has no rancor with the victim for him to kill the latter. or  is not in conspiracy with the principal by direct participation. She assisted her husband in taking good aim. The family was not in good terms with their neighbors. because the act of one is the act of all.  If there is.  If the cooperation merely facilitated or hastened the consummation of the crime. who was 18 years old. By Inducement Inducement must be strong enough that the person induced could not resist. Is the person who shouted criminally liable? Is that inducement? No. The basis is the importance of the cooperation to the consummation of the crime. It was held that there was no conspiracy. Considering that it was not so dark and the husband could have accomplished the deed without his wife‘s help. Neither is the wife‘s act of beaming the victim with a flashlight indispensable to the killing. birahin mo na!‖ Oscar stabbed the victim. It is not the determining cause of the crime in the absence of proof that the words had great influence over the husband. The father challenged everybody and when the neighbors approached. Madall (1990): The son was mauled. What are the other traits of an accomplice  does not have previous agreement or understanding. The shouts of his wife ―here comes another. b. the criminal liability of all will be the same. and considering further that doubts must be resolved in favor of the accused. Considering that Ernesto had great moral ascendancy and influence over Oscar.  This is tantamount to an irresistible force compelling the person induced to carry out the crime. Joint or simultaneous action per se is not indicia of conspiracy without showing of common design. we will bury him‖ while the felonious aggression was taking place cannot be held liable as principal by inducement. Accomplices When is one regarded as an accomplice  Determine if there is a conspiracy. clothing as well as food and shelter. as a general rule. When does a principal by induction become liable:  The principal by induction becomes liable only when the principal by direct participation committed the act induced. and it was Ernesto who provided his allowance. the liability of the wife is only that of an accomplice. being much older (35 years old) than the latter. What are the effects of acquittal of principal by direct participation upon the liability of principal by inducement:  Conspiracy is negated by the acquittal of codefendant. By Indispensable Cooperation The focus is not just on participation but on the importance of participation in committing the crime. the cooperator is merely an accomplice. ―Kill him! Kill him!‖ A killed the other person. ―Birahin mo na. Illustrations: a. Apply the doctrine of pro reo.CRIMINAL LAW REVIEWER 2. His mother then shouted. Agapinay (1990): The one who uttered ―kill him. Conspirator They know of and join in the criminal design Conspirators know the criminal intention because they themselves have Accomplice They know and agree with the criminal design Accomplices come to know about it after the principals have reached the decision and only .  If the crime could hardly be committed without such cooperation. While in the course of a quarrel. In case of doubt. People v. but such assistance merely facilitated the felonious act of shooting. B. 79 3. The shouting must be an irresistible force for the one shouting to be liable. he went home to get a rifle.  Ill-advised language is not enough unless he who made such remark or advice is a co-conspirator in the crime committed. a person shouted to A. There was a quarrel between two families. ―Shoot!‖ He shot and killed someone. Utterance was said in the excitement of the hour. favor the lesser penalty or liability. People v. People v. Ernesto is principal by inducement. Valderrama (1993): Ernesto shouted to his younger brother Oscar.

modified Art. Section 4 of PD 532 provides that any person who knowingly and in any manner acquires or receives property taken by such pirates or brigands or in any manner derives benefit therefrom. or descendant. 19 of the RPC. such accessory is exempt from criminal liability. but principally liable for fencing The penalty is higher than that of a mere accessory to the crime of robbery or theft. 3. Conspirators are authors of a crime the 4. 5. When an accessory is NOT exempt from criminal liability even if the principal is related to him:  If such accessory o profited from the effects of the crime. brother or sister whether legitimate.e. PD 1612 has. or iii. 2. 1612 (Anti-Fencing Law) One who knowingly profits or assists the principal to profit by the effects of robbery or theft (i. When 1.  unless the accessory himself profited from the effects or proceeds of the crime or assisted the offender to profit therefrom. 3. although the penalty is that of an accomplice. knowing the criminal design of the principal by direct participation. Accessories 1. said act constitutes the crime of abetting piracy or abetting brigandage as the case may be. When one cannot be an accessory:   he does not know the commission of the crime he participated in the crime as a principal or an accomplice Presidential Decree 532 (Anti-piracy and Highway Robbery law of 1974) If the crime was piracy or brigandage under PD 532. Principal by Cooperation Cooperation is indispensable to the commission of the act Accomplice Cooperation is not indispensable to the commission of the act 5. unless the contrary is proven. not just an accessory. Other 1. Acquiring the effects of piracy or brigandage: accessories criminally liable: are not When the felony committed is a light felony When the accessory is related to the principal as i.CRIMINAL LAW REVIEWER decided upon course of action such then do they agree to cooperate in its execution Accomplices merely assent to the plan and cooperate in its accomplishment Accomplices are merely instruments who perform acts not essential to the perpetration of the offense. shall be considered as an accomplice of the principal offenders in accordance with the Rules prescribed by the Revised Penal Code. When an accessory is exempt from criminal liability: (ASKED 4 TIMES IN THE BAR EXAMS) When the principal is his:  spouse. a fence) is not just an accessory to the crime. 80 Conspirators decide that a crime should be committed Note: Even if only two of the principals guilty of murder are the brothers of the accessory and the others are not related to him. 2. with the intention of supplying material or moral aid in the execution of the crime in an efficacious way. 2. 2. spouse ii. he concurs with the latter in his purpose. instances when becomes an accessory: one accessory as a fence acquiring the effects of piracy or brigandage destroying the corpus delicti harboring or concealing an offender whether the accomplice and the accessory may be tried and convicted even before the principal is found guilty Accessory as a fence: 1. and  That there be a relation between the acts done by the principal and those attributed to the person charged as accomplice. It shall be presumed that any person who does any acts provided in this section has performed them knowingly. or natural or adopted or iv. therefore. Presidential Decree No. to the piracy or the brigandage. sister or relative by affinity within the same degree.  ascendant  descendant . 4. C.  legitimate. ascendant. or o assisted the offender to profit by the effects of the crime Requisites  That there be community of design. that is. natural or adopted brother. Mere possession of any article of value which has been the subject of robbery or theft brings about the presumption of ―fencing‖. where the accessory is a relative by affinity within the same degree.  That he cooperates in the execution of the offense by previous or simultaneous acts.

Whether the accomplice and the accessory may be tried and convicted even before the principal is found guilty Illustration: a. then said accused will be acquitted. the aunt even gave money to her nephew for the latter to go to the province. or that the principal is known to be habitually guilty of some other crime. His aunt hid him in the ceiling of her house and she told the soldiers that her nephew had never visited her. c. d. for a person who is not a public officer and who assists an offender to escape or otherwise harbors. unless the acquittal is based on a defense which is personal only to the principal. which punishes said acts as a crime of abetting piracy or brigandage. e. Even if the principal is convicted. as long as that killing is established beyond reasonable doubt.CRIMINAL LAW REVIEWER Although Republic Act 7659. Principal was being chased by police. 3. PD 1829 (Also Known as the Law Penalizing ―Obstruction of Justice‖) No specification of the crime to be committed by the offender in order that criminal liability be incurred The offender need not even be the principal or need not be convicted of the crime charged An offender of any crime is no longer an accessory but is simply an offender without regard to the crime of the person assisted to escape 81 Revised Penal Code Specifies the crimes that should be committed in case a civilian aids in the escape The offender is the principal or must be convicted of the crime charged The one who harbored or concealed an offender is still an accessory 5. Public Officer The nature of the crime is immaterial What is material is that he used his public function in assisting the escape Civilian The nature of the crime is material For him to become an accessory. with respect to the third involvement of the accessory. The principal must have committed either treason. 4. and is not inconsistent with any provision of RA 7659. b. if the latter is acquitted. or attempt on the life of the Chief Executive. Is the aunt criminally liable? No.  However. . this is not the reason.  If there is someone who destroys the corpus delicti to prevent discovery. take note that the law distinguishes between:  a public officer harboring. it is required that all those involved in the commission of the crime must be included in the information that may be filed.  Even if the corpse is not recovered. Article 20 does not include an aunt. incorporated therein the crime of piracy in Philippine territorial waters and thus correspondingly superseding PD 532 section 4 of said Decree. or conceals such offender. murder. concealing or assisting the principal to escape. but she can be held liable under PD 1829. and  a private citizen or civilian harboring. the crime committed was In the preceding illustration. to be criminally liable.  In this case. kidnapping. There is an earlier Supreme Court ruling that the accessory and accomplice must be charged together with the principal. The liability of the accused will depend on the quantum of evidence adduced by the prosecution against the particular accused but the prosecution must initiate the proceedings against the principal. the principal must have committed the crime of treason. So the criminal liability of an accomplice or accessory does not depend on the criminal liability of the principal but depends on the quantum of evidence. criminal liability will arise. When the soldiers left. Destroying the Corpus Delicti When the crime is robbery or theft. he becomes an accessory. do not overlook the purpose which must be to prevent discovery of the crime. the accomplice and the accessory shall not be criminally liable.  Under Rule 110 of the Revised Rules on Criminal Procedure. Crime committed is kidnapping for ransom of his employer. in amending Article 122 of the RPC. concealing or assisting the principal to escape. murder or attempt on the life of the Chief Executive f. if the evidence presented against a supposed accomplice or accessory does not meet the required proof beyond reasonable doubt. The corpus delicti is not the body of the person who is killed. the aunt is not criminally liable under the Revised Penal Code because the crime is kidnapping. it is not always true that the accomplice and the accessory cannot be criminally liable without the principal being first convicted. parricide. parricide. Harboring or Concealing an Offender In the fourth form or manner of becoming an accessory. still stands as it has not been replaced or modified. However.

1829) of of What is imposed:  Prision correccional in its maximum period. or official proceedings in criminal cases. 82 e) f) g) h) i) Decree Penalizing Obstruction Apprehension and Prosecution Criminal Offenders (P. destroying. evading prosecution or the execution of a judgment. or in official proceedings in criminal cases. Giving a false or fabricated information to mislead or prevent the law enforcement agencies from apprehending the offender or from protecting the life or property of the victim.D. or b) assisted the offender to profit by the effect of the crime. Threatening directly or indirectly another with the infliction of any wrong upon his person. compared to RPC Art. presenting or using any record. force or threats. misrepresentation. or relatives by affinity within the same degrees. intimidation. and adopted brothers and sisters. natural. Compare with Article 20. or has reasonable ground to believe or suspect. CA (1990): Accused received from his co-accused two stolen male carabaos. in order to prevent a person from appearing in the investigation of. in Tanodbayan. not by affection. ascendants. legibility. RPC (accessories exempt from criminal liability) Art. whether lawful or unlawful. Conspiracy was not proven. or  Both Upon any person who knowingly or willfully obstructs. 20. or object with intent to impair its veracity. Making. prosecution and conviction. descendants. impedes. which compels one to conceal crimes committed by relatives so near as those mentioned. document. 1) 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. authenticity. whether principal. or official proceedings in. Publicly using a fictitious name for the purpose of concealing a crime. or in the courts. i. availability. Harboring or concealing. Enrile v. Accessory is not exempt from criminal liability even if the principal is related to him if he a) profited by the effects of the crime. Taer should have been liable as principal for violation of the Anti-Fencing Law since cattle-rustling is a form of theft or robbery of large cattle.CRIMINAL LAW REVIEWER But if the evidence shows that the act done does not constitute a crime and the principal is acquitted. or imposing a condition. has committed any offense under existing penal laws in order to prevent his arrest. deceit. true name and other personal circumstances for the same purpose or purposes. 20. are prompted by a detestable greed. Soliciting. document. or to be used in the investigation of. 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. suppressing or concealing any paper. record. paper or object with knowledge of its falsity and with intent to affect the course or outcome of the investigation of. or facilitating the escape of. or  Fine ranging from PhP 1. criminal cases. discontinuing. Delaying the prosecution of criminal cases by obstructing the service of process or court orders or disturbing proceedings in the fiscals‘ offices. The punishable acts in PD 1829. 1 ii. then the supposed accomplice and accessory should also be acquitted. If there is no crime. or concealing his b) c) d) . Punishable acts (Sec. Amin (1990): A person charged with rebellion should not be separately charged under PD 1829. except that he was not charged with fencing. or official proceedings in. or impeding the prosecution of a criminal offender. Ground for exemption under Art. then there is no criminal liability. or agreeing to accept any benefit in consideration of abstaining from. Altering. 20 Based on ties of blood and the preservation of the cleanliness of one‘s name.000 – 6. accomplice or accessory. Accessories who are exempt from criminal liability – The penalties prescribed for accessories shall not be imposed upon those who are such with respect to their spouses. The theory of absorption must not confine itself to common crimes but also to offenses punished under special laws which are perpetrated in furtherance of the political offense. frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal cases through the acts enumerated in Sec. accepting. 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 the court. with the single exception of accessories falling within the provisions of paragraph 1 of the next preceding article. any persons he knows. Taer v.000. criminal cases. legitimate. or admissibility as evidence in any investigation of or official proceedings in criminal cases. Taer was held liable as an accessory in the crime of cattlerustling under PD 533.

It has no application to any of the provisions of the RPC for the reason that for every felony defined in the Code. APPLICATION AND COMPUTATION OF PENALTIES G. REASON: An act or omission cannot be punished by the State if at the time it was committed there was no law prohibiting it. Bon (2006): Yet in truth. 21. there is no question that the operation of Article 71 involves the actual application of the death penalty as a means of determining the extent which a person‘s liberty is to be deprived. MEASURES NOT CONSIDERED PENALTY F. or b. 2. Act No. through Rep. 9346 is not swaddled in the same restraints appreciated by Muñoz on Section 19(1).‖ for both terms embody the operation in law of the death penalty. GENERAL PRINCIPLES PENALTIES WHICH MAY BE IMPOSED SPECIFIC PRINCIPAL AND ACCESSORY PENALTIES D. a vindication of absolute right and moral law violated by the criminal. 4. Act No. Must be EQUAL for all. 3. B. Must be CORRECTIONAL. Must be PERSONAL – no one should be punished for the crime of another. It must be asserted that today. when the law violated does not make use of the nomenclature of the penalties of the Revised Penal Code. PREVENTION – to suppress danger to the State 2. and a man cannot be expected to obey an order that has not been given. the penalty of life imprisonment. REFORMATION – to correct and reform the offender. Since Article 71 denominates ―death‖ as an element in the graduated scale of penalties. PENALTIES A. 4. Rep. SPECIAL RULES FOR CERTAIN SITUATIONS H. 9346 unequivocally bars the application of the death penalty. JUSTICE – for retributive justice. EXEMPLARITY – to serve as an example to deter others from committing crimes.‖ People v. 9346 intended to retain the operative effects of the death penalty in the graduation of the other penalties in our penal laws.  Section 2 states that: ―In lieu of the death penalty. Must be PRODUCTIVE OF SUFFERING. because a law cannot be rationally obeyed unless it is first shown. Different Juridical Conditions of Penalty: 1. Penalties that may be imposed. a penalty has been prescribed. The very Congress empowered by the Constitution to reinstate the imposition of the death penalty once thought it best to do so. the following shall be imposed: a.A. Since Rep. General Principles Art. 9346) RA 9346 or ―An Act Prohibiting the Imposition of Death Penalty in the Philippines‖ Expressly repealed RA 8177 or ―Act Designating Death by Lethal Injection‖ and RA 7659 or ―Death Penalty Law‖ RA 9346 repealed all the other laws imposing death penalty. 6. — No felony shall be punishable by any penalty not prescribed by law prior to its commission. 3. Act No. Must be LEGAL – it is the consequence of a judgment according to law. SELF-DEFENSE – to protect the society from the threat and wrong inflicted by the criminal. 5. Act Prohibiting the Imposition of Death Penalty in the Philippines (R. Theories justifying penalty: 1. there is no material difference between ―imposition‖ and ―application. the legal status of the suppression of the death penalty in the Philippines has never been more secure than at any time in our political history as a nation. This article prohibits the Government from punishing any person for any felony with any penalty which has not been prescribed by the law. 83 A. Article III. PENALTY is the suffering that is inflicted by the State for the transgression of a law. the penalty of reclusion perpetua. . Munoz cannot enjoin us to adopt such conclusion. Within the same realm of constitutional discretion. Congress has reversed itself. such effect necessarily extends to its relevance to the graduated scale of penalties under Article 71. 5. without affecting the integrity of the human personality.CRIMINAL LAW REVIEWER CHAPTER V. as well as expressly repeals all such statutory provisions requiring the application of the death penalty. 7. when the law violated makes use of the nomenclature of the penalties of the Revised Penal Code. Must be CERTAIN – no one may escape its effects. The court cannot find basis to conclude that Rep. Must be COMMENSURATE to the offense – different crimes must be punished with different penalties. ACCESSORY PENALTIES E. C. 7650. EXECUTION AND SERVICE OF PENALTIES. Act No.

Afflictive penalties: (RP. ACCESSORY PENALTIES – those that are deemed included in the imposition of the principal penalties. (2) Reclusion temporal. According to their divisibility: (1) Divisible (a) those that have fixed duration (b) divisible into three periods. 2. c. SOCIAL DEFENSE – shown by its inflexible severity to recidivist and habitual delinquents. who are not considered habitual criminals as defined in Article 62. Capital punishment: (D) (1) Death. as this term is defined in Rule 5 of Article 62 of this Code. — A pardon of the offended party does not extinguish criminal action except as provided in Article 344 of this Code. PAD. (2) Indivisible (a) those which have no fixed duration: (b) Death (c) Reclusion perpetua (d) Perpetual absolute or special disqualification (e) Public censure b. and their different classes. concubinage. TAD. Correctional penalties: (PC. Other Classifications of Penalties a. RETRIBUTION OR EXPIATION – the penalty is commensurate with the gravity of the offense. c. TSD. Purposes Purpose of penalty under the RPC: 1.  Perpetual or temporary special disqualification. Retroactive effect of penal laws. Des) (1) Prision correccional. arresto) (3) Restriction of freedom (destierro) (4) Deprivation of rights (disqualification and suspension) (5) Pecuniary (fine) B. (4) Perpetual or temporary special disqualification. 23. CORRECTION OR REFORMATION – as shown by the rules which regulate the execution of the penalties consisting in deprivation of liberty. and the offender to atone for his wrongs. i. imprisonment in case of inability to pay the fine. This article states the extent of a pardon made by the offended party. Classification 1. PM) (1) Reclusion perpetua. it is not proper in acquittal.CRIMINAL LAW REVIEWER 84 1. are those included in the following: 2.e. Note: Public censure is a penalty.  Thus. Duration and Effect Art. — Penal Laws shall have a retroactive effect insofar as they favor the persons guilty of a felony. Under this article. Scale of Principal Penalties a. b. But the civil liability with regard to the interest of the injured party is extinguished. and  Suspension o May be principal or accessory penalties. PRINCIPAL PENALTIES – those expressly imposed by the court in the judgment of conviction. 25. According to subject-matter (1) Corporal (death) (2) Deprivation of freedom (reclusion. (2) Arresto mayor. PSD. SUBSIDIARY PENALTIES – those imposed in lieu of principal penalties. Art. 3.. It permits society to exact proportionate revenge. . According to their gravity (1) Capital (2) Afflictive (3) Correctional (4) Light 3. (3) Perpetual or temporary absolute disqualification. a pardon does not extinguish the criminal liability of an offender except for cases under Article 344 (Prosecution of the crimes of adultery. abduction. although at the time of the publication of such laws a final sentence has been pronounced and the convict is serving the same. (Asked 3 times in the Bar Exams) 2. seduction. (5) Prision mayor. This article states that Penal Laws shall only have retroactive effect if it favors persons guilty of felonies. rape and acts of lasciviousness). the Court in acquitting the accused may criticize his acts or conduct. 22. c. (3) Suspension. AM. Effect of pardon by the offended party. Penalties which may be imposed. S. Major Classification (Asked 3 times in the Bar Exams) a. Penalties that are either principal or accessory:  Perpetual or temporary absolute disqualification. prision. b. but civil liability with regard to the interest of the injured party is extinguished by his express waiver. who is not a habitual criminal. RT.  However. Penalties which may be imposed 1. Art. The penalties which may be imposed according to this Code. because they are formed in the 2 general classes.

CRIMINAL LAW REVIEWER
d. e. (4) Destierro. Light penalties: (Am, Pc) (1) Arresto menor, (2) Public censure. Penalties common to the three preceding classes: (F, Bond) (1) Fine, and (2) Bond to keep the peace. g. Payment of costs RECLUSION PERPETUA Prescribed RPC under the

LIFE IMPRISONMENT Imposed for serious offenses penalized by special laws Does not carry with it accessory penalties Does not appear to have any definite extent or duration

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2. Scale of Accessory Penalties
(PAD, TAD, PSD, TSD, S, CI, I, F, Pay)
a. b. c. d. e. f. Perpetual or temporary absolute disqualification, Perpetual or temporary special disqualification, Suspension from public office, the right to vote and be voted for, the profession or calling. Civil interdiction, Indemnification, Forfeiture or confiscation of instruments and proceeds of the offense, DURATION Indivisible EFFECTS

Carries with it accessory penalties Entails imprisonment for at least 30 years after which the convict becomes eligible for pardon although the maximum period shall in no case exceed 40 years

The following table also contains DISQUALIFICATION as an afflictive penalty, because its different forms can also be imposed as a principal although it is primarily categorized as an accessory penalty.

PENALTY Death (REPEALED) Death, when not executed due to pardon or commutation (REPEALED) Reclusion perpetua

ACCESSORIES

(1) PAD (2) Civil interdiction 30 yrs from sentence 20 years & 1 day to 40 years (Indivisible) (1) Deprivation of public office, even if by election (2) Deprivation of right to vote & be voted for (3) Disqualification from public office held (4) Loss of retirement rights (1) Deprivation of office, employment, profession, or calling affected (2) Disqualification from similar offices or employments (1) PAD (2) Civil interdiction for duration of sentence (1) TAD (2) PSD of suffrage (1) Deprivation of public office, even if by election (2) Deprivation of right to vote & be voted for during sentence (3) Disqualification from public office held during sentence (4) Loss of retirement rights (1) Deprivation of office, employment, profession, or calling affected (2) Disqualification from (1) PAD (2) Civil interdiction for life

Perpetual absolute disqualification (PAD)

For life

Perpetual special disqualification (PSD)

For life

Reclusion temporal Prision mayor

12 years & 1 day to 20 years 6 years & 1 day to 12 years

Temporary disqualification (TAD)

absolute

6 years & 1 day to 12 years

Temporary disqualification (TSD)

special

6 years & 1 day to 12 years

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PENALTY DURATION EFFECTS similar offices employments or ACCESSORIES

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C. Specific Principal And Accessory Penalties 1. Afflictive penalties
Art. 27. a. Reclusion perpetua. Any person sentenced to any of the perpetual penalties shall be pardoned after undergoing the penalty for thirty years, unless such person by reason of his conduct or some other serious cause shall be considered by the Chief Executive as unworthy of pardon. b. Reclusion temporal. The penalty of reclusion temporal shall be from twelve years and one day to twenty years. c. Prision mayor and temporary disqualification. The duration of the penalties of prision mayor and temporary disqualification shall be from six years and one day to twelve years, except when the penalty of disqualification is imposed as an accessory penalty, in which case its duration shall be that of the principal penalty. Art. 41. Reclusion perpetua and temporal; Their accessory penalties: reclusion

People v. Gatward (1997): Held: As amended by RA 7659, the penalty of reclusion perpetua is now accorded a defined duration ranging from 20 years and 1 day to 40 years. The Court held that in spite of the amendment putting the duration of RP, it should remain as an indivisible penalty since there was never intent on the part of Congress to reclassify it into a divisible penalty. The maximum duration of reclusion perpetua is not and has never been 30 years which is merely the number of years which the convict must serve in order to be eligible for pardon or for the application of the 3-fold rule (infra).

People v. Ramirez (2001): The SC disagrees with the trial court in sentencing appellant "to suffer imprisonment of forty (40) years reclusion perpetua." There was no justification or need for the trial court to specify the length of imprisonment, because reclusion perpetua is an indivisible penalty. The significance of this fundamental principle was laid down by the Court in People v. Diquit. "Since reclusion perpetua is an indivisible penalty, it has no minimum, medium or maximum periods. It is imposed in its entirety regardless of any mitigating or aggravating circumstances that may have attended the commission of the crime. (Art. 63, Revised Penal Code) Reclusion Perpetua is imprisonment for life but the person sentenced to suffer it shall be pardoned after undergoing the penalty for thirty (30) years, unless by reason of his conduct or some other serious cause, he shall be considered by the Chief Executive as unworthy of pardon (Art. 27, Revised Penal Code)." Distinguished from Life Imprisonment (ASKED 5 TIMES IN THE BAR EXAMS) People v. Ballabare (1996): The trial court erred in imposing the penalty of life imprisonment for violation of PD 1866. The crime of illegal possession of firearm in its aggravated form is punished by the penalty of death. Since the offense was committed on Sep. 16, 1990, at a time when the imposition of the death penalty was prohibited, the penalty next lower in degree

The penalties of reclusion perpetua and reclusion temporal shall carry with them that of civil interdiction for life or during the period of the sentence as the case may be, and that of perpetual absolute disqualification which the offender shall suffer even though pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon. Art. 42. Prision mayor; Its accessory penalties: The penalty of prision mayor, shall carry with it that of temporary absolute disqualification and that of perpetual special disqualification from the right of suffrage which the offender shall suffer although pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon.

1. Reclusion Perpetua
Duration: 20 years and 1 day to 40 years Accessory Penalties: (1) Civil interdiction for life or during the period of the sentence as the case may be. (2) Perpetual Absolute Disqualification which the offender shall suffer even though pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon.

CRIMINAL LAW REVIEWER
which is reclusion perpetua should be imposed. 2) This is not equivalent to life imprisonment. While life imprisonment may appear to be the English translation of reclusion perpetua, in reality, it goes deeper than that.   When the principal penalty imposed be only a fine, the subsidiary imprisonment shall not exceed six months, if the culprit shall have been prosecuted for a grave or less grave felony, and shall not exceed fifteen days, if for a light felony. When the principal imposed is higher than prision correccional, no subsidiary imprisonment shall be imposed upon the culprit. If the principal penalty imposed is not to be executed by confinement in a penal institution, but such penalty is of fixed duration, the convict, during the period of time established in the preceding rules, shall continue to suffer the same deprivations as those of which the principal penalty consists. 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 improve. (As amended by RA 5465, April 21, 1969).

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2. Reclusion Temporal
Duration: 12 years and 1 day to 20 years Accessory Penalties: (1) Civil interdiction for life or during the period of the sentence as the case may be. (2) Perpetual Absolute Disqualification which the offender shall suffer even though pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon.

3) 

4)   

3. Prision mayor
Duration: 6 years and 1 day to 12 years Accessory Penalties: (1) Temporary Absolute Disqualification (2) Perpetual Special Disqualification from the right to suffrage which the offender shall suffer although pardoned as to the principal penalty unless the same shall have been expressly remitted in the pardon. 5) 

1. Correctional penalties
Art. 27 (4). Prision correccional, suspension, and destierro. 1) The duration of the penalties of prision correccional, suspension and destierro 2) shall be from six months and one day to six years, 3) except when suspension is imposed as an accessory penalty, 4) in which case, its duration shall be that of the principal penalty. Arresto mayor. The duration of the penalty of arresto mayor shall be from one month and one day to six months. Art. 39. Subsidiary penalty. If the convict has no property with which to meet the fine mentioned in the paragraph 3 of the next preceding article, he shall be subject to a subsidiary personal liability at the rate of one day for each eight pesos, subject to the following rules: 1)    If the principal penalty imposed be prision correccional or arresto and fine, he shall remain under confinement until his fine referred to in the preceding paragraph is satisfied, but his subsidiary imprisonment shall not exceed one-third of the term of the sentence, and in no case shall it continue for more than one year, and no fraction or part of a day shall be counted against the prisoner.

(Asked 2 times in the Bar Exams) Art. 43. Prision correccional; Its accessory penalties. The penalty of prision correccional shall carry with it that of suspension from public office, from the right to follow a profession or calling, and that of perpetual special disqualification from the right of suffrage, if the duration of said imprisonment shall exceed eighteen months. The offender shall suffer the disqualification provided in the article although pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon. Art. 44. Arresto; Its accessory penalties. The penalty of arresto shall carry with it that of suspension of the right to hold office and the right of suffrage during the term of the sentence.

1. Prision Correccional
Duration: 6 months and 1 day to 6 years Accessory Penalties: (1) Suspension from public office (2) Suspension from the right to follow a profession or calling (3) Perpetual Special Disqualification for the right of suffrage, if the duration of the imprisonment shall exceed 18 months

2. Arresto Mayor
Duration: 1 month and 1 day to 6 months Accessory Penalties:

CRIMINAL LAW REVIEWER
(1) Suspension of right to hold office (2) Suspension of the right of suffrage during the term of the sentence. EFFECTS ACCESSORIES (1) Suspension from public office (2) Suspension from profession or calling (3) PSD of suffrage, if the duration of imprisonment exceeds 18 mos. (1) Public office (2) Profession or calling (3) Suffrage Prohibition to enter w/in 25250 km radius from the designated place (1) Suspension of right to hold office (2) Suspension of the right of suffrage

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PENALTY DURATION

Prision correccional

6 months & 1 day to 6 years

Suspension

6 months & 1 day to 6 years

Destierro

6 months & 1 day to 6 years

Arresto mayor

1 month & 1 day to 6 months

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3. Light penalties
Art. 27 (6). Arresto menor. The duration of the penalty of arresto menor shall be from one day to thirty days. Art. 39. Subsidiary penalty. If the convict has no property with which to meet the fine mentioned in the paragraph 3 of the next preceding article, he shall be subject to a subsidiary personal liability at the rate of one day for each eight pesos, subject to the following rules: 6)    If the principal penalty imposed be prision correccional or arresto and fine, he shall remain under confinement until his fine referred to in the preceding paragraph is satisfied, but his subsidiary imprisonment shall not exceed one-third of the term of the sentence, and in no case shall it continue for more than one year, and no fraction or part of a day shall be counted against the prisoner. When the principal penalty imposed be only a fine, the subsidiary imprisonment shall not exceed six months, if the culprit shall have been prosecuted for a grave or less grave felony, and shall not exceed fifteen days, if for a light felony. When the principal imposed is higher than prision correccional, no subsidiary imprisonment shall be imposed upon the culprit. If the principal penalty imposed is not to be executed by confinement in a penal institution, but such penalty is of fixed duration, the convict, during the period of time established in the preceding rules, shall continue to suffer the same deprivations as those of which the principal penalty consists.

(2) Suspension of the right of suffrage during the term of the sentence.

2. Public Censure
Censure, being a penalty is not proper in acquittal.

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4. Penalties common to afflictive,
correctional, and light penalties

1. Fine
Art. 26. When afflictive, correctional, or light penalty. 1) A fine, whether imposed as a single or as an alternative penalty, 2) shall be considered an afflictive penalty, if it exceeds 6,000 pesos; 3) a correctional penalty, if it does not exceed 6,000 pesos but is not less than 200 pesos; 4) and a light penalty if it less than 200 pesos. This article merely classifies fine and has nothing to do with the definition of light felony. Fine is:  Afflictive –more thanP6,000  Correctional – P200 to P6,000  Light Penalty – less than P200 Art. 66. Imposition of fines. — In imposing fines the courts may fix any amount within the limits established by law; in fixing the amount in each case attention shall be given, not only to the mitigating and aggravating circumstances, but more particularly to the wealth or means of the culprit. The court can fix any amount of the fine within the limits established by law. The court must consider:  The mitigating and aggravating circumstances; and  More particularly, the wealth or means of the culprit. When the law does not fix the minimum of the fine,  the determination of the amount of the fine to be imposed upon the culprit  is left to the sound discretion of the court,  provided it shall not exceed the maximum authorized by law. Fines are not divided into 3 equal portions.

7)  

8) 

9)   

10) 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 improve. (As amended by RA 5465, April 21, 1969).

Art. 44. Arresto; Its accessory penalties. The penalty of arresto shall carry with it that of suspension of the right too hold office and the right of suffrage during the term of the sentence.

2. Bond to Keep the Peace
Art. 35. Effects of bond to keep the peace. — It shall be the duty of any person sentenced to give bond to keep the peace, to present two sufficient sureties who shall undertake that such person will not commit the offense sought to be prevented,

1. Arresto Menor
Duration: 1 day to 30 days Accessory Penalties: (1) Suspension of right to hold office

Civil interdiction. 32. The court shall determine. if for a light felony. 30. PENALTY Arresto menor Public censure (Penalties Common to All Three Types) PENALTY DURATION ACCESSORIES Fine Bond to keep As determined the peace by the court DURATION 1 day to 30 days ACCESSORIES Suspension of right to hold office and right of suffrage 1. 3) The disqualification for the offices or public employments and for the exercise of any of the rights mentioned. Art. 3. 30. 2) The deprivation of the right to vote in any election for any popular office or to be elected to such office. 6. according to the nature of said penalty. such disqualification as is comprised in paragraphs 2 and 3 of this article shall last during the term of the sentence. if he cannot give the bond. Temporary absolute disqualification lasts during the term of the sentence except (1) deprivation of the public office or employment. the offender shall not be permitted to hold any public office during the period of his disqualification. or otherwise to deposit such amount in the office of the clerk of the court to guarantee said undertaking. Effect of the penalties of perpetual or temporary special disqualification for the exercise of the right of suffrage. (3) Loss of rights to retirement pay or pension Note: Perpetual absolute disqualification is effective during the lifetime of the convict and even after the service of the sentence. according to discretion. The loss of all rights to retirement pay or other pension for any office formerly held. Effects of the penalties of perpetual or temporary absolute disqualification.CRIMINAL LAW REVIEWER 1. 4. (4) Moreover. Perpetual or Temporary Absolute Disqualification Art. The offender must  deposit such amount with the clerk of court to guarantee said undertaking. The offender must present  2 sufficient sureties who shall undertake that o the offender will not commit the offense sought to be prevented. or  for a period not to exceed 30 days. Should the person sentenced fail to give the bond as required he shall be detained for a period which shall in no case exceed six months.  for a period not to exceed 6 months if prosecuted for grave or less grave felony. and shall not exceed thirty days. Payment of costs. and that in case such offense be committed they will pay the amount determined by the court in the judgment. the right to vote and be voted for. 90 2. par. The court shall determine the period of duration of the bond. the period of duration of the bond. its Perpetual or temporary absolute disqualification. Accessory penalties . b. is he shall have been prosecuted for a grave or less grave felony. 4) Effects: (1) Deprivation of any public office or employment of offender. Bond to keep the peace is different from bail bond which is posted for the provisional release of a person arrested for or accused of a crime. if for a light felony. 3). the profession or calling. (2) Deprivation of the right to vote in any election or to be voted upon. and (2) loss of all rights to retirement pay or other pension for any office formerly held. (3) of the right to vote in any popular election for any public office or to be elected to such office. — 1) The deprivation of the public offices and employments which the offender may have held even if conferred by popular election. (See Art. 5. Indemnification/ Forfeiture or confiscation of instruments and proceeds of the offense. (1) The perpetual or temporary special disqualification for the exercise of the right of suffrage (2) shall deprive the offender perpetually or during the term of the sentence. D. Suspension from public office. 2 WAYS OF GIVING BOND: a. Perpetual or temporary special disqualification.  In case of temporary disqualification. o and that in case such offense be committed  they will pay the amount determined by the court. The offender may be detained.

. either as to the person or property of any ward. 32). employment. Confiscation and forfeiture of the proceeds or instruments of the crime. Indemnification or Confiscation of     Instruments or Proceeds of the Offense This is included in every penalty for the commission of the crime. (Art. or the right of suffrage. The suspension from public office. profession or calling. Property of a third person not liable for the offense is not subject to confiscation. Art. 31). Civil interdiction shall deprive the offender during the time of his sentence of the rights of parental authority. If the trial court did not order confiscation of the process of the crime. Suspension from Public Office. the Right to Practice a Profession or Calling Effects: (1) Disqualification from holding such office or the exercise of such profession or right of suffrage during the term of the sentence. (Note: The convict can still dispose his property mortis causa). the Right to Vote and Be Voted for. any the the the 6. proceedings. of marital authority. profession or calling affected. Civil Interdiction Effects: Deprivation of the following rights: (1) Parental authority (2) Guardianship over the ward (3) Marital authority (4) Right to manage property and to dispose of the same by acts inter vivos. profession or calling affected. or guardianship. (2) Cannot hold another office having similar functions during the period of suspension. Art. (2) Disqualification for holding similar offices or employments during the period of disqualification. Effect of the penalties of perpetual or temporary special disqualification. 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. 45. Note: If temporary disqualification or suspension is imposed as an accessory penalty. The confiscation is in favor of the government. (Asked once in the Bar Exams) The penalty for disqualification if imposed as an accessory penalty is imposed for PROTECTION and NOT for the withholding of a privilege. Civil interdiction is an accessory penalty to the following principal penalties: (1) Death if commuted to life imprisonment.  in the course of judicial Costs may be fixed amounts already determined by law or regulations or amounts subject to a schedule. Effects: For the exercise of right to suffrage: (1) Deprivation of the right to vote or to be elected in an office. 33. unless they be property of a third person not liable for the offense. Perpetual or Temporary Special Disqualification Art. (1) The deprivation of the office. Payment of Costs Includes: (1) Fees. Such proceeds and instruments or tools shall be confiscated and forfeited in favor of the Government. Every penalty imposed for the commission of a felony shall carry with it the forfeiture of the proceeds of the crime and the instruments or tools with which it was committed. Effects: For public office. 5. (2) The disqualification for holding similar offices or employments either perpetually or during the term of the sentence according to the extent of such disqualification. 34. government cannot appeal from confiscation as that would increase penalty already imposed. profession or calling. of the right to manage his property and of the right to dispose of such property by any act or any conveyance inter vivos. and (2) Indemnities. (2) Cannot hold any public office during the period of disqualification. The person suspended from holding public office shall not hold another having similar functions during the period of his suspension.CRIMINAL LAW REVIEWER Art. 91 3. (Art. but those articles which are not subject of lawful commerce shall be destroyed. 4. Civil interdiction. the duration is the same as that of the principal penalty. Effects of the penalties of suspension from any public office. 31. profession or calling: (1) Deprivation of the office. employment. (2) Reclusion perpetua (3) Reclusion temporal 2.

CRIMINAL LAW REVIEWER
 If the accused is convicted; costs may be charged against him. If he is acquitted, costs are de officio, meaning each party bears his own expense. No costs shall be allowed against the Republic of the Philippines. (Rule 142, Sec. 1). Whether costs should be assessed against the accused lie within the discretion of the court. EFFECTS Deprivation of any public office or employment of offender; Perpetual Temporary Absolute Disqualification or Deprivation of the right to vote in any election or to be voted upon; Loss of rights to retirement pay or pension For public office, profession or calling:  Deprivation of the office, employment, profession or calling affected;  Disqualification for holding similar offices or employments during the period of disqualification; For the exercise of right to suffrage:  Deprivation of the right to vote or to be elected in an office;  Cannot hold any public office during the period of disqualification Disqualification from holding such office or the exercise of such profession or right of suffrage during the term of the sentence; Cannot hold another office having similar functions during the period of suspension. Deprivation of the following rights:  Parental authority  Guardianship over the ward  Marital authority  Right to manage property and to dispose of the same by acts inter vivos Forfeiture in favor of the Government of the proceeds of the crime and the instruments or tools with which it was committed If the accused be convicted, the costs may be charged against him Payment of Costs If he be acquitted, costs are de officio, i.e., each party will bear his/her own expense

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ACCESSORY PENALTY

E. Measures not considered penalty
Art. 24. Measures of prevention or safety which are nor considered penalties. The following shall not be considered as penalties: (1) The arrest and temporary detention of accused persons, as well as their detention by reason of insanity or imbecility, or illness requiring their confinement in a hospital. (2) The commitment of a minor to any of the institutions mentioned in Article 80 and for the purposes specified therein. (3) Suspension from the employment of public office during the trial or in order to institute proceedings. (4) Fines and other corrective measures which, in the exercise of their administrative disciplinary powers, superior officials may impose upon their subordinates. (5) Deprivation of rights and the reparations which the civil laws may establish in penal form. Measures not considered penalties: (1) Preventive detention (2) Detention for medical causes (3) Rehabilitation of minors (4) Preventive suspension from public office (5) Administrative fines and penalties (6) Civil law deprivation of rights and reparations They are not penalties because they are not imposed as a result of judicial proceedings. Those mentioned in par. 3 and 4 are merely preventive measures before conviction of offenders. The commitment of a minor mentioned in par. 2 is not a penalty because it is not imposed by the court in a judgment of conviction. The imposition of the sentence in such case is suspended. The succeeding provisions are some examples of deprivation of rights established in penal form: Family Code, Art. 228. Parental authority terminates permanently: (1) Upon the death of the parents; (2) Upon the death of the child; or (3) Upon emancipation of the child. (327a) Family Code, Art. 229. Unless subsequently revived by a final judgment, parental authority also terminates:

Perpetual or Temporary Special Disqualification

Suspension from Public Office, the Right to Vote and Be Voted for, the Right to Practice a Profession or Calling

Civil Interdiction

Indemnification Confiscation Instruments Proceeds of Offense

or of or the

CRIMINAL LAW REVIEWER
(1) Upon adoption of the child; (2) Upon appointment of a general guardian; (3) Upon judicial declaration of abandonment of the child in a case filed for the purpose; (4) Upon final judgment of a competent court divesting the party concerned of parental authority; or (5) Upon judicial declaration of absence or incapacity of the person exercising parental authority. (327a) the term of the duration of the penalty consisting of deprivation of liberty shall be computed from the day that the offender is placed at the disposal of the judicial authorities for the enforcement of the penalty. The duration of the other penalties shall be computed only from the day on which the defendant commences to serve his sentence. RULES ON THE COMPUTATION OF PENALTIES: (1) WHEN THE OFFENDER IS IN PRISON – the duration of temporary penalties is from the day on which the judgment of conviction becomes final. (2) WHEN THE OFFENDER IS NOT IN PRISON – the duration of penalty consisting in deprivation of liberty, is from the day that the offender is placed at the disposal of judicial authorities for the enforcement of the penalty. (3) THE DURATION OF OTHER PENALTIES – the duration is from the day on which the offender commences to serve his sentence  Examples of temporary penalties: (1) Temporary absolute disqualification (2) Temporary special disqualification (3) Suspension If offender is under detention, as when he is undergoing preventive imprisonment, Rule No. 1 applies. If not under detention, because the offender has been released on bail, Rule No. 3 applies.  Examples of penalties consisting in deprivation of liberty: (1) Imprisonment (2) Destierro When the offender is not in prison, Rule No. 2 applies. If the offender is undergoing preventive imprisonment, Rule No. 3 applies but the offender is entitled to a deduction of full time or 4/5 of the time of his detention.

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F. Application
1. Indeterminate Sentence Law 2. Three-fold Rule 3. Subsidiary Imprisonment General Rules Art. 5. Duty of the court in connection with acts which should be repressed but which are not covered by the law, and in cases of excessive penalties. — Whenever a court has knowledge of any act which it may deem proper to repress and which is not punishable by law, it shall render the proper decision, and shall report to the Chief Executive, through the Department of Justice, the reasons which induce the court to believe that said act should be made the subject of legislation. In the same way, the court shall submit to the Chief Executive, through the Department of Justice, such statement as may be deemed proper, without suspending the execution of the sentence, when a strict enforcement of the provisions of this Code would result in the imposition of a clearly excessive penalty, taking into consideration the degree of malice and the injury caused by the offense. In case of excessive penalties, the court must still impose the penalty but it shall recommend reduction, commutation, or other actions to the Chief Executive. Art. 21. Penalties that may be imposed. — No felony shall be punishable by any penalty not prescribed by law prior to its commission. Nulla poena sine lege.‖ This article prohibits the Government from imposing punishment to any person for a felony with any penalty which has not been prescribed by the law. In addition, penalties must be individual, i.e., not shared, and definite, e.g., imprisonment, fine, imprisonment and fine, imprisonment or fine; but not imprisonment and/or fine. Art. 28. Computation of penalties. — If the offender shall be in prison, the term of the duration of the temporary penalties shall be computed from the day on which the judgment of conviction shall have become final. If the offender be not in prison,

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Art. 29. Period of preventive imprisonment deducted from term of imprisonment. Offenders who have undergone preventive imprisonment shall be credited in the service of their sentence consisting of deprivation of liberty, with the full time during which they have undergone preventive imprisonment, if the detention prisoner agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners, except in the following cases: a. When they are recidivists or have been convicted previously twice or more times of any crime; and

CRIMINAL LAW REVIEWER
b. When upon being summoned for the execution of their sentence they have failed to surrender voluntarily. his physical, mental and moral record as a prisoner, to be determined by the Board of Indeterminate Sentence. The settled practice is to give the accused the benefit of the law even in crimes punishable with death or life imprisonment provided the resulting penalty, after considering the attending circumstances, is reclusion temporal or less. ISL does not apply to destierro. ISL is expressly granted to those who are sentenced to imprisonment exceeding 1 year.

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If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted prisoners, he shall be credited in the service of his sentence with four-fifths of the time during which he has undergone preventive imprisonment. (As amended by Republic Act 6127, June 17, 1970). Whenever an accused has undergone preventive imprisonment  for a period equal to or more than the possible maximum imprisonment of the offense charged to which he may be sentenced  and his case is not yet terminated, he shall be released immediately without prejudice to the continuation of the trial thereof or the proceeding on appeal, if the same is under review. In case the maximum penalty to which the accused may be sentenced is destierro, he shall be released after thirty (30) days of preventive imprisonment. (As amended by E.O. No. 214, July 10, 1988). The accused undergoes preventive imprisonment when the offense charged is nonbailable, or even if bailable, he cannot furnish the required bail. The convict is to be released immediately if the penalty imposed after trial is less than the full time or four-fifths of the time of the preventive imprisonment. The accused shall be released immediately whenever he has undergone preventive imprisonment for a period equal to or more than the possible maximum imprisonment for the offense charged. (Asked 4 times in the Bar Exams)

a. Application on the imposed sentence
PROCEDURE FOR DETERMING THE MAXIMUM AND MINIMUM SENTENCE (1) It consists of a maximum and a minimum instead of a single fixed penalty. (2) Prisoner must serve the minimum before he is eligible for parole. (3) The period between the minimum and maximum is indeterminate in the sense that the prisoner may be exempted from serving said indeterminate period in whole or in part. (4) The maximum is determined in any case punishable under the RPC in accordance with the rules and provisions of said code exactly as if the ISL had never been enacted. (5) Apply first the effect of privileged mitigating circumstances then consider the effects of aggravating and ordinary mitigating circumstances. (6) The minimum depends upon the court‘s discretion with the limitation that it must be within the range of the penalty next lower in degree to that prescribed by the Code for the offense committed. Note: A minor who escaped from confinement in the reformatory is entitled to the benefits of the ISL because his confinement is not considered imprisonment.

b. Coverage
The law does not apply to certain offenders: (1) Persons convicted of offense punished with death penalty or life imprisonment (or reclusion perpetua). (2) Those convicted of treason, conspiracy or proposal to commit treason. (3) Those convicted of misprision of treason, rebellion, sedition or espionage. (4) Those convicted of piracy. (5) Those who are habitual delinquents (but applies to recidivists). (6) Those who shall have escaped from confinement or evaded service of sentence. (7) Those who violated the terms of conditional pardon granted to them by the Chief Executive. (8) Those whose maximum term of imprisonment does not exceed one year. (9) Those who, upon the approval of the law, had been sentenced by final judgment.

1. Indeterminate Sentence Law (R.A.
4013, as amended)
The Indeterminate Sentence is composed of: (1) A MAXIMUM taken from the penalty imposable under the penal code (considering attendant circumstances) (2) A MINIMUM taken from the penalty next lower to that fixed in the code. Purpose of the law: to uplift and redeem valuable human material and prevent unnecessary and excessive deprivation of liberty and economic usefulness.  It is necessary to consider the criminal first as an individual, and second as a member of the society.  The law is intended to favor the defendant, particularly to shorten his term of imprisonment, depending upon his behavior and

CRIMINAL LAW REVIEWER
(10) Those sentenced to the penalty of destierro or suspension. Art. 64. Rules for the application of penalties which contain three periods. In cases in which the penalties prescribed by law contain three periods, whether it be a single divisible penalty or composed of three different penalties, each one of which forms a period in accordance with the provisions of Articles 76 and 77, the court shall observe for the application of the penalty the following rules, according to whether there are or are not mitigating or aggravating circumstances: a) When there are neither aggravating nor mitigating circumstances, they shall impose the penalty prescribed by law in its medium period. a) When only a mitigating circumstance is present in the commission of the act, they shall impose the penalty in its minimum period. b) When an aggravating circumstance is present in the commission of the act, they shall impose the penalty in its maximum period. c) When both mitigating and aggravating circumstances are present, the court shall reasonably offset those of one class against the other according to their relative weight. d) When there are two or more mitigating circumstances and no aggravating circumstances are present, the court shall: i) impose the penalty next lower to that prescribed by law, ii) in the period that it may deem applicable, iii) according to the number and nature of such circumstances. e) Whatever may be the number and nature of the aggravating circumstances, the courts shall not impose a greater penalty than that prescribed by law, in its maximum period. f) Within the limits of each period, the court shall determine the extent of the penalty according to the number and nature of the aggravating and mitigating circumstances and the greater and lesser extent of the evil produced by the crime. De la Cruz v. CA (1996): In as much as the amount of P715k is P693k more than the abovementioned benchmark of P22k, then adding one year for each additional P10k, the maximum period of 6 years, 8 months and 21 days to 8 years of prision mayor minimum would be increased by 69 years, as computed by the trial court. But the law categorically declares that the maximum penalty then shall not exceed 20 years of reclusion temporal. Under the ISL, the minimum term of the indeterminate penalt should be within the range of the penalty next lower in degree to that prescribed b the Code for the offense committed, which is prision correccional. People v. Saley (supra): Under the Indeterminate Sentence Law, a) the maximum term of the penalty shall be "that which, in view of the attending circumstances, could be properly imposed" under the Revised Penal Code, b) and the minimum shall be "within the range of the penalty next lower to that prescribed" for the offense. The penalty next lower should be based on the penalty prescribed by the Code for the offense, without first considering any modifying circumstance attendant to the commission of the crime. The determination of the minimum penalty is left by law to the sound discretion of the court and it can be anywhere within the range of the penalty next lower without any reference to the periods into which it might be subdivided. The modifying circumstances are considered only in the imposition of the maximum term of the indeterminate sentence. The fact that the amounts involved in the instant case exceed P22,000.00 should not be considered in the initial determination of the indeterminate penalty; instead, the matter should be so taken as analogous to modifying circumstances in the imposition of the maximum term of the full indeterminate sentence. This interpretation of the law accords with the rule that penal laws should be construed in favor of the accused. Since the penalty prescribed by law for the estafa charge against accused-appellant is prision correccional maximum to prision mayor minimum, the penalty next lower would then be prision correccional minimum to medium. Thus, the minimum term of the indeterminate sentence should be anywhere within six (6) months and one (1) day to four (4) years and two (2) months. People v. Campuhan (supra): The penalty for attempted rape is two (2) degrees lower than the imposable penalty of death for the offense charged, which is statutory rape of a minor below seven (7) years. Two (2) degrees lower is reclusion temporal, the range of which is twelve (12) years and one (1) day to twenty (20) years. Applying the Indeterminate Sentence Law, and in the absence of any mitigating or aggravating circumstance, the maximum of the penalty to be imposed upon the accused shall be taken from the medium period of

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CRIMINAL LAW REVIEWER
reclusion temporal, the range of which is fourteen (14) years, eight (8) months and (1) day to seventeen (17) years and four (4) months, while the minimum shall be taken from the penalty next lower in degree, which is prision mayor, the range of which is from six (6) years and one (1) day to twelve (12) years, in any of its periods. (ASKED 15 TIMES IN THE BAR EXAMS) (11) Suspension from public office, the right to vote and be voted for, the right to follow a profession or calling, and (12) Public censure Notwithstanding the provisions of the rule next preceding, the maximum duration of the convict's sentence shall not be more than three-fold the length of time corresponding to the most severe of the penalties imposed upon him. No other penalty to which he may be liable shall be inflicted after the sum total of those imposed equals the same maximum period. Such maximum period shall in no case exceed forty years. In applying the provisions of this rule the duration of perpetual penalties shall be computed at thirty years. (As amended). Outline of the provisions of this Article: (1) When the culprit has to serve 2 or more penalties, he shall serve them simultaneously if the nature of the penalties will so permit. (2) Otherwise, the order of their respective severity shall be followed. The respective severity of the penalties is as follows: (1) Death (repealed) (2) Reclusion perpetua (3) Reclusion temporal (4) Prision mayor (5) Prision correccional (6) Arresto mayor (7) Arresto menor (8) Destierro (9) Perpetual absolute disqualification (10) Temporary absolute disqualification (11) Suspension from public office, the right to vote, and be voted for, the right to follow profession or calling, and (12) Public censure The penalties which can be simultaneously served are: (1) Perpetual absolute disqualification (2) Perpetual special disqualification (3) Temporary absolute disqualification (4) Temporary special disqualification (5) Suspension (6) Destierro (7) Public Censure (8) Fine and Bond to keep the peace (9) Civil interdiction (10) Confiscation and payment of costs   The above penalties, except destierro, can be served simultaneously with imprisonment. Penalties consisting in deprivation of liberty cannot be served simultaneously by reason of the nature of such penalties.

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c. Conditions of parole
Section 6: Duty of the prisoner released under this Code: Report personally to such government officials or other parole officers appointed by the Board for a period of surveillance equivalent to the remaining portion of the maximum sentence imposed upon him or until final release by the Board. If it is shown that he is a law-abiding citizen and did not violate any laws of the country, the Board may issue a final certificate of release which will entitle him to final release and discharge.

Section 8: Violations of the conditions of the parole: If he/she violates any of the conditions of the parole, the Board may issue his warrant of arrest. If captured/arrested, he shall serve the remaining unexpired portion of the maximum sentence for which he was originally committed unless a new parole was granted.

2. The Three-fold rule
Art. 70. Successive service of sentence. When the culprit has to serve two or more penalties, he shall serve them simultaneously if the nature of the penalties will so permit otherwise, the following rules shall be observed: In the imposition of the penalties, the order of their respective severity shall be followed so that they may be executed successively or as nearly as may be possible, should a pardon have been granted as to the penalty or penalties first imposed, or should they have been served out. For the purpose of applying the provisions of the next preceding paragraph the respective severity of the penalties shall be determined in accordance with the following scale: (1) Death, (2) Reclusion perpetua, (3) Reclusion temporal, (4) Prision mayor, (5) Prision correccional, (6) Arresto mayor, (7) Arresto menor, (8) Destierro, (9) Perpetual absolute disqualification, (10) Temporal absolute disqualification.

Three-fold Rule:

— In case the property of the offender should not be sufficient for the payment of all his pecuniary liabilities. he shall be subject to a subsidiary (Asked once in the Bar Exams) Where the Penalty Is Not Composed of 3 Periods Art. Subsidiary penalty. The minimum of the minimum period should be the minimum of the given penalty (including the 1 day). Necessarily. Subsidiary imprisonment forms part of the penalty. Art. c. and forming one period of each of the three portions. Art. the courts shall apply the rules contained in the foregoing articles. then add the quotient to the minimum (eliminate the 1 day) of the maximum period and the total will represent the maximum of the maximum period. ―duration‖ of penalty and penalty ―to be inflicted‖. 65. . 39. The time included in the penalty prescribed should be divided into 3 equal portions. Meaning of the Rule a. He impugns this as contrary to the three-fold rule and insists that the duration of the aggregate penalties should not exceed 40 years. The Rules of Court specifically provide that any information must not charge more than one offense. dividing into three equal portions of time included in the penalty prescribed. cannot exceed three-fold the most severe. at the same time or at different times. 3019 aka the Anti-Graft and Corrupt Practices Act. The three-fold rule applies only when the convict has to serve at least four sentences. Order of payment. they shall not exceed three times the most severe and shall not exceed 40 years. If the convict has no property with which to meet the fine mentioned in the paragraph 3 of the next preceding article. In cases in which the penalty prescribed by law is not composed of three periods. Mejorada v. Held: Petitioner is mistaken in his application of the 3-fold rule as set forth in Art. the various offense punished with different penalties must be charged under different informations which may be filed in the same court or in different courts. add 1 day and make it the minimum of the maximum period. The cost of the proceedings. Rule in cases in which the penalty is not composed of three periods. The fine. The quotient should be added to the minimum prescribed (eliminate the 1 day) and the total will represent the maximum of the minimum period. then add the quotient to the minimum (eliminate the 1 day) of the medium period and the total will represent the maximum of the medium period. The phrase ―the most severe of the penalties‖ includes equal penalties. This article is to be taken into account not in the imposition of the penalty but in connection with the service of the sentence imposed. It merely provides that the prisoner cannot be made to serve more than three times the most severe of these penalties the maximum which is 40 years. Subsidiary imprisonment Art. Indemnification of consequential damages. the same shall be met in the following order: 1.  Take the maximum of the minimum period. Court must impose all the penalties for all the crimes of which the accused is found guilty. b. Nowhere in the article is anything mentioned about the ―imposition of penalty‖. 2. 70 of the RPC. 4. 97 3. 3. The reparation of the damage caused. Indemnity is a penalty. after subtracting the minimum (eliminate the 1 day) from the maximum of the penalty. 70 speaks of ―service‖ of sentence. Pecuniary liabilities.  Take the maximum of the medium period. One of the issues raised by the petitioner concerns the penalty imposed by the Sandiganbayan which totals 56 years and 8 days of imprisonment.CRIMINAL LAW REVIEWER The maximum duration of the convict‘s sentence shall not be more than three times the length of time corresponding to the most severe of the penalties imposed upon him. d. add 1 day and make it the minimum of the medium period. All the penalties. but in the service of the same. Compute and determine first the 3 periods of the entire penalty. Sandiganbayan (1987): The petitioner was convicted of violating Section 3(E) of RA No. 38. even if by different courts at different times.

Privileged mitigating circumstances d. 39 par. Extent of Participation (principal. the convict. indemnification of the consequential damages. Gonong)  A convict who has property not exempt from execution sufficient enough to meet the fine cannot choose to serve the subsidiary penalty. Fraction or part of the day not counted. The subsidiary personal liability which the convict may have suffered by reason of his insolvency shall not relieve him. Penalty to be imposed upon principals in general. Whenever the law prescribes a penalty for a felony is general terms. but of fixed duration – subsidiary penalty shall consist in the same deprivations as those of the principal penalty. if for a light felony. and in no case to continue for more . and the costs of the proceedings. When the penalty imposed is fine only – subsidiary imprisonment. (3) (4) 2)   (5) 3)  4)    No subsidiary penalty in the following cases: (1) When the penalty imposed is higher than prision correccional. the subsidiary imprisonment shall not exceed six months. Whenever it is believed that the penalty lower by one or two degrees corresponding to said acts of execution is not in proportion to the wrong done. it shall be understood as applicable to the consummated felony. he shall pay the fine. 1. and shall not exceed fifteen days. but such penalty is of fixed duration. Qualifying circumstances 5)  Subsidiary penalty – it is personal liability to be suffered by the convict who has no property with which to meet the fine at the rate of one day for each P8. shall continue to suffer the same deprivations as those of which the principal penalty consists. When the principal imposed is higher than prision correccional. or attempted) b. (3) When the penalty imposed is fine and a penalty not to be executed by confinement in a penal institution and which has no fixed duration. 46. from the fine in case his financial circumstances should improve. 2 and 3 above. GENERAL RULE: The penalty prescribed by law in general terms shall be imposed:  Upon the principals  For consummated felony EXCEPTION: The exception is when the penalty to be imposed upon the principal in frustrated or attempted felony is fixed by law.CRIMINAL LAW REVIEWER personal liability at the rate of one day for each eight pesos. not to exceed 6 months. and not to exceed 15 days. Art. When the principal penalty imposed be only a fine. if the culprit shall have been prosecuted for a grave or less grave felony. Stage of Execution (consummated. 1969). no subsidiary imprisonment shall be imposed upon the culprit. the law fixes a distinct penalty for the principal in frustrated or attempted felony. under the same rules as in Nos. When the penalty imposed is higher than prision correccional – no subsidiary imprisonment. (2) For failure to pay the reparation of the damage caused. subject to the rules provided for in Articles 39. or accessory) c. he shall remain under confinement until his fine referred to in the preceding paragraph is satisfied. If the penalty imposed is not to be executed by confinement. frustrated. accomplice. if prosecuted for light felony. By Degrees.  An accused cannot be made to undergo subsidiary imprisonment in case of insolvency to pay the fine imposed upon him when the subsidiary imprisonment is not imposed in the judgment of conviction. — The penalty prescribed by law for the commission of a felony shall be imposed upon the principals in the commission of such felony. In case the financial circumstances of the convict should improve. notwithstanding the fact that the convict suffered subsidiary penalty thereof. (Ramos v. which is affected by the following factors: a. If the principal penalty imposed is not to be executed by confinement in a penal institution. April 21. (Art. during the period of time established in the preceding rules. if the culprit is prosecuted for grave or less grave felony. There are two ways to graduate penalties: 1. subject to the following rules: than 1 year. but his subsidiary imprisonment shall not exceed one-third of the term of the sentence. Rules as to subsidiary imprisonment: (1) If the penalty imposed is prision correcccional or arresto and fine – subsidiary imprisonment not to exceed 1/3 of the term of the sentence. 98 (2) 1)    If the principal penalty imposed be prision correccional or arresto and fine. and in no case shall it continue for more than one year. (As amended by RA 5465. and no fraction or part of a day shall be counted against the prisoner.  Subsidiary imprisonment is not an accessory penalty.

50 to 57 shall not apply to cases where the law expressly prescribes the penalty for frustrated or attempted felony. ATTEMPTED DIAGRAM OF THE APPLICATION OF ARTS. Penalty to be imposed upon accessories to the commission of a consummated felony. 51. it shall be understood as applicable to the consummated felony. Penalty to imposed upon accomplices in a frustrated crime. Art. to meet the different situations anticipated by law. The penalty next lower in degree than that prescribed by law for the consummated shall be imposed upon the accomplices in the commission of a consummated felony. (Art. 99 2. Art. which is within the range of the penalty 1° lower than the penalty prescribed by the RPC) imposed upon the accessories to the commission of a frustrated felony. 52. Penalty to be imposed upon accomplices in consummated crime. A DEGREE is one entire penalty. Art. Art.. 60. reclusion temporal. The penalty lower by two degrees than that prescribed by law for the attempted felony shall be imposed upon the accessories to the attempt to commit a felony. Penalty to be imposed upon principals in general. enumerated in the graduated scales of Art. Whenever the law prescribes a penalty for a felony is general terms. of this Code shall not be applicable to cases in which the law expressly prescribes the penalty provided for a frustrated or attempted felony. Each of the penalties of reclusion perpetua. 71. Accomplices and Accessories in Consummated. 56. in accordance with the provisions of Art. 46.e. The penalty next lower in degree than that prescribed by law for an attempt to commit a felony shall be imposed upon the accomplices in an attempt to commit the felony. Art. Penalty to be imposed upon accessories of a frustrated crime. 53. penalties with minimum. By Periods (for divisible penalties.. EXCEPTIONS: Arts. 60). Exception to the rules established in Articles 50 to 57. 50-57: CONSUMMATED . 57. The penalty next lower in degree than that prescribed by law for the consummated felony shall be imposed upon the principal in a frustrated felony. 46. Art. The other figures represent the degrees to which the penalty must be lowered. one whole penalty or one unit of the penalties enumerated in the graduated scales provided for in Art. Frustrated and Attempted Felonies. or to be imposed upon accomplices or accessories. The penalty lower by two degrees than that prescribed by law for the frustrated felony shall be FRUSTRATED PRINCIPALS ACCOMPLICES ACCESSORIES 0 1° 2° 1° 2° 3° 2° 3° 4° ―0‖ represents the penalty prescribed by law in defining a crime. Penalty to be imposed upon principals of a frustrated crime. The penalty prescribed by law for the commission of a felony shall be imposed upon the principals in the commission of such felony. 54. which is affected by the attendant ordinary mitigating/aggravating circumstances Principals. The penalty lower by two degrees than that prescribed by law for the consummated felony shall be imposed upon the accessories to the commission of a consummated felony. i. Penalty to be imposed upon accessories of an attempted crime. and maximum periods). 71 is a degree. Indeterminate Sentence Law (minimum. which is to be imposed on the PRINCIPAL in a CONSUMMATED OFFENSE. Art. 50. Penalty to be imposed upon principals of attempted crimes. The penalty next lower in degree than prescribed by law for the frustrated felony shall be imposed upon the accomplices in the commission of a frustrated felony. etc. 55. Art. A penalty lower by two degrees than that prescribed by law for the consummated felony shall be imposed upon the principals in an attempt to commit a felony. medium. prision mayor.CRIMINAL LAW REVIEWER e. inclusive. Art. Penalty to be imposed upon accomplices in an attempted crime. or to be imposed upon accomplices or accessories. The provisions contained in Articles 50 to 57. Art.

the penalty next lower in degree shall be composed of the medium and minimum periods of the proper divisible penalty and the maximum periods of the proper divisible penalty and the maximum period of that immediately following in said respective graduated scale. 61 should also apply in determining the MINIMUM of the indeterminate penalty under the Indeterminate Sentence Law. The MINIMUM of the indeterminate penalty is within the range of the penalty next lower than that prescribed by the RPC for the offense. the courts. of this Code. the penalty is lowered or increased by PERIOD only. inclusive. 173 par. A PERIOD is one of the three equal portions called the minimum. and upon accomplices and accessories. The rules provided for in Art. 268) GENERAL RULE: An accessory is punished by a penalty two degrees lower than the penalty imposed upon the principal. but in Art. 173 par. 2) Art.  For the principal in attempted felony  two degrees lower.3) o Using falsified dispatch (Art. are to be imposed upon persons guilty as principals of any frustrated or attempted felony. acts of lasciviousness. the following rules shall be observed: 1) When the penalty prescribed for the felony is single and indivisible.CRIMINAL LAW REVIEWER When there is a mitigating or aggravating circumstance. if possible. 68 and 69). guardians. otherwise from the penalty immediately following in the above mentioned respective graduated scale. 100 3) 4) 5) This article provides for the rules to be observed in lowering the penalty by one or two degrees:  For the principal in frustrated felony  one degree lower.  For the accomplice in consummated felony  one degree lower. (Art. proceeding by analogy. medium and maximum of a divisible penalty. 162). (Art. EXCEPT when the penalty is divisible and there are two or more mitigating and without aggravating circumstances. according to the provisions of Articles 50 to 57. shall cooperate as accomplices in the crimes of rape. 2) When the penalty prescribed for the crime is composed of two indivisible penalties. 142. such act is punished as the act of the principal. 71. 61. Rules for graduating penalties. corruption of minors. 64). 168). the penalty next lower in degree shall be that immediately following the lesser of the penalties prescribed in the respective graduated scale. curators. shall impose corresponding penalties upon those guilty as principals of the frustrated felony. or when the penalty is divisible and there are two or more mitigating circumstances (generic) and no aggravating circumstance (Art. EXCEPTIONS:  When accessory is punished as principal – knowingly concealing certain evil practices is ordinarily an act of the accessory. 346)  One who furnished the place for the perpetration of the crime of slight illegal detention. o Illegal possession and use of a false treasury or bank note (Art. The (1) (2) (3) INDIVISIBLE PENALTIES are: death reclusion perpetua public censure The DIVISIBLE PENALTIES are: (1) reclusion temporal . the penalty next lower in degrees shall be that immediately following that indivisible penalty in the respective graduated scale prescribed in Article 71 of this Code. Those rules also apply in lowering the penalty by one or two degrees by reason of the presence of privileged mitigating circumstance (Arts. or as accomplices or accessories. corresponding to different divisible penalties. or of attempt to commit the same. which shall be taken from the penalty prescribed. seduction. For the purpose of graduating the penalties which. When the law prescribes a penalty for a crime in some manner not especially provided for in the four preceding rules. by abuse of authority or confidential relationship. and  For the accessory in consummated felony  two degrees lower. When the penalty prescribed for the crime is composed of several periods. EXCEPTIONS:  The ascendants. When the penalty prescribed for the crime is composed of one or two indivisible penalties and the maximum period of another divisible penalty. The lower penalty shall be taken from the graduated scale in Art. or of one or more divisible penalties to be impose to their full extent. the penalty next lower in degree shall be composed of the period immediately following the minimum prescribed and of the two next following. teachers and any person who. white slate trade or abduction.  When accessories are punished with a penalty one degree lower: o Knowingly using counterfeited seal or forged signature or stamp of the President (Art. GENERAL RULE: An accomplice is punished by a penalty one degree lower than the penalty imposed upon the principal. o Using falsified document (Art. in which case the penalty is lowered by degree.

Reclusion temporal Prision Mayor Prision Correccional Maximum Medium Minimum Maximum Medium Minimum Maximum Medium Minimum FIFTH RULE (a): When the penalty has two periods  Ex. reclusion temporal in its MAXIMUM period to death  The MEDIUM and MINIMUM period of the divisible penalty and the MAXIMUM of that immediately following penalty is the penalty next lower in degree.  Ex.CRIMINAL LAW REVIEWER (2) (3) (4) (5) (6) prision mayor prision correccional arresto mayor destierro arresto menor    Ex. THIRD RULE (a): When the penalty is composed of two indivisible penalties and the maximum period of a divisible penalty  Ex. . Reclusion temporal in its MAXIMUM period to Reclusion perpetua  The same rule shall be observed in lowering the penalty by one or two degrees. FOURTH RULE: When the penalty is composed of several periods. 61 may be simplified as follows: (1) If the penalty prescribed by the Code consists in 3 periods. is reclusion temporal. 62. Prision Mayor in its MEDIUM period to Reclusion temporal in its MINIMUM period. This rule contemplates a penalty composed of at least 3 periods. reclusion temporal is the penalty next lower in degree. or for principal in frustrated murder Penalty for the principal in the consummated felony Penalty for the accomplice.  Thus. the penalty next lower in degree is the penalty consisting in 2 periods down in the scale. Prision correccional in its MINIMUM and MEDIUM periods Prision correccional Arresto Mayor Maximum Medium Minimum Maximum Medium Minimum FIFTH RULE (b): When the penalty has one period. The several periods must correspond to different divisible penalties. reclusion perpetua  The penalty immediately following it is reclusion temporal.  Ex. which is reclusion perpetua.  The penalty immediately inferior is prision mayor in its MEDIUM period. the penalty next lower in degree is the penalty consisting in the 3 periods down in the scale. reclusion perpetua to death  The penalty immediately following the lesser of the penalties. SECOND RULE (a): When the penalty is composed of two indivisible penalties  Ex. SIMPLIFIED RULES: The rules prescribed in pars. Prision Mayor in its MAXIMUM period  If the penalty is any one of the three periods of a divisible penalty.  Ex. the penalty next lower in degree is the next period down in the scale. (3) If the penalty prescribed by the Code consists in only 1 period. Effects of Circumstances Mitigating and Aggravating The penalty lower next The prescribed felony penalty for the 101 The divisible penalties are divided into three periods: MINIMUM. Effect of the attendance of mitigating or aggravating circumstances and of habitual delinquency. Art. (2) If the penalty prescribed by the Code consists in 2 periods. or principal in frustrated felony THIRD RULE (b): When the penalty is composed of one indivisible penalty and the maximum period of a divisible penalty. 4 and 5 of Art. prision correccional to prision mayor  The penalty immediately following the lesser of the penalties of prision correccional to prision mayor is arresto mayor. MEDIUM AND THE MAXIMUM FIRST RULE: When the penalty is single and indivisible. corresponding to different divisible penalties. Death Reclusion Perpetua Reclusion Temporal Prision Mayor Maximum Medium Minimum Maximum Medium Minimum Penalty for the principal in consummated murder Penalty for accomplice. the penalty next lower in degree shall be that period next following the given penalty. SECOND RULE (b): When the penalty is composed of one or more divisible penalties to be imposed to their full extent  Ex.

robo. . or from his private relations with the offended party. (5) Habitual delinquency shall have the following effects: a. b.CRIMINAL LAW REVIEWER Mitigating or aggravating circumstances and habitual delinquency shall be taken into account for the purpose of diminishing or increasing the penalty in conformity with the following rules: (1) Aggravating circumstances which in themselves constitute a crime specially punishable by law or which are included by the law in defining a crime and prescribing the penalty therefor shall not be taken into account for the purpose of increasing the penalty. (2) The same rule shall apply with respect to any aggravating circumstance inherent in the crime to such a degree that it must of necessity accompany the commission thereof. estafa or falsification. The penalty is that provided by law for the last crime and the additional penalty of prision mayor in its maximum period to reclusion temporal in its minimum period.  It is simply a punishment on future crimes on account of the criminal propensities of the accused. 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. Inherent in the crime but of necessity they accompany the commission thereof Aggravating or mitigating circumstances that serve to aggravate or mitigate the liability of the offender to whom such are attendant. is within a period of ten years from the date of his release or last conviction of the crimes of serious or less serious physical injuries. Upon a third conviction 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 total of the two penalties to be imposed upon the offender.  Fifth or additional conviction. the offender reveals the same degree of depravity or perversity as the one who commits a consummated crime. Those that constitute a separate crime punishable by law.  The law does not apply to crimes described in Art. Those arising from:  Moral attributes of the offender  His private relations with the offended party  Any other personal cause Aggravating or mitigating circumstances that affect the offenders only who had knowledge of them at the time of the execution of the act or their cooperation therein. Note:  In no case shall the total of the 2 penalties imposed upon the offender exceed 30 years. or in the means employed to accomplish it. The penalty is that provided by law for the last crime and the additional penalty of prision mayor in its minimum and medium periods. The culprit is sentenced to the penalty for the crime committed and to the additional penalty of prision correccional in its medium and maximum period. and c. 102 2) 3) What are the legal effects of habitual delinquency?  Third conviction. 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 (6) Notwithstanding the provisions of this article. Those that are inherent in the crime committed: i. in conformity herewith. shall serve to aggravate or mitigate the liability of those persons only who had knowledge of them at the time of the execution of the act or their cooperation therein. What are the effects of the attendance of mitigating or aggravating circumstances? 1) Aggravating circumstances which are not considered for the purpose of increasing the penalty: a. a person shall be deemed to be habitual delinquent.  The imposition of such additional penalties is mandatory and is not discretionary. 155. Upon a fourth conviction. he is found guilty of any of said crimes a third time or oftener. accomplices and accessories as to whom such circumstances are attendant. Upon a fifth or additional conviction. (3) Aggravating or mitigating circumstances which arise from the moral attributes of the offender.  The imposition of the additional penalty on habitual delinquents are CONSTITUTIONAL because such law is neither an EX POST FACTO LAW nor an additional punishment for future crimes.  Habitual delinquency applies at any stage of the execution because subjectively. Cases where attending aggravating or mitigating circumstances are not considered in the imposition of penalties 1) Penalty that is single and indivisible 2) Felonies through negligence 3) When the penalty is a fine 4) When the penalty is prescribed by a special law.  It applies to all participants because it reveals persistence in them of the inclination to wrongdoing and of the perversity of character that led them to commit the previous crime. b.  Fourth conviction. hurto. or from any other personal cause. shall only serve to aggravate or mitigate the liability of the principals. (7) For the purpose of this article. Included by law in defining the crime ii. (4) The circumstances which consist in the material execution of the act. shall in no case exceed 30 years.

d. according to the number and nature of such circumstances. the court shall impose the penalty next lower to that prescribed by law. 1) In all cases in which the law prescribes a single indivisible penalty. ii. the lesser penalty shall be applied. Formigones (1950): Held: The penalty applicable for parricide under Art. Rules for the application of DIVISIBLE PENALTIES 1) No aggravating and No mitigating: MEDIUM PERIOD 2) One mitigating: MINIMUM PERIOD 3) One aggravating: (but regardless of the number of aggravating circumstances. When an aggravating circumstance is present in the commission of the act. b. vii. for the purpose of applying the penalty in accordance with the preceding rules. reclusion perpetua or death b. Ex. c. in its maximum period. 64. according to whether there are or are not mitigating or aggravating circumstances: i. When both mitigating and aggravating circumstances attended the commission of the act. the lesser penalty shall be applied. 4) the court shall observe for the application of the penalty the following rules. 1) In cases in which the penalties prescribed by law contain three periods. When the commission of the act is attended by some mitigating circumstances and there is no aggravating circumstance. The penalty shall be applied regardless of the presence of mitigating or aggravating circumstances. When there are two or more mitigating circumstances and no aggravating circumstances are present. according to the result of such compensation. When there are neither aggravating nor mitigating circumstances. v. The said article provides that when the commission of the act is attended by some mitigating circumstance and there is no aggravating circumstance. When only a mitigating circumstances is present in the commission of the act. Whatever may be the number and nature of the aggravating circumstances. 63 of the RPC should be applied. 3) In all cases in which the law prescribes a penalty composed of two indivisible penalties. iv. 4) the following rules shall be observed in the application thereof: a. No mitigating circumstances present: LESSER penalty 3. 246 of the RPC is composed only of 2 indivisible penalties. 2) it shall be applied by the courts regardless of any mitigating or aggravating circumstances that may have attended the commission of the deed. When both mitigating and aggravating circumstances are present. the greater penalty shall be applied. Penalty is single and indivisible i. the lesser penalty shall be applied. (Asked 2 times in the Bar Exams) People v. in the period that it may deem applicable. the courts shall not impose a greater penalty than that prescribed by law. the court shall determine the extent of the penalty according to the number and nature of the aggravating and mitigating circumstances and the greater and lesser extent of the evil produced by the crime. 63. Art. Within the limits of each period. One aggravating circumstance present: HIGHER penalty 2. When there are neither mitigating nor aggravating circumstances and there is no aggravating circumstance. When in the commission of the deed there is present only one aggravating circumstance. Penalty is composed of 2 indivisible penalties: 1. 3) each one of which forms a period in accordance with the provisions of Articles 76 and 77. iii. the court shall reasonably allow them to offset one another in consideration of their number and importance.CRIMINAL LAW REVIEWER (Asked 3 times in the Bar Exams) Art. 2) whether it be a single divisible penalty or composed of three different penalties. Rules for the application of penalties which contain three periods. Rules for the application of indivisible penalties. Rules for the application of indivisible penalties: a. they shall impose the penalty in its minimum period. ii. vi. Although the commission of the act is attended by some mitigating circumstance without any aggravating circumstance to offset them. reclusion perpetua to death. Some mitigating circumstances present and no aggravating: LESSER penalty 4. the courts cannot exceed the penalty provided by law in its maximum period): MAXIMUM PERIOD 4) Mitigating and aggravating circumstances present:  to offset each other according to relative weight 5) 2 or more mitigating and no aggravating: 103 . they shall impose the penalty in its maximum period. they shall impose the penalty prescribed by law in its medium period. Art. the court shall reasonably offset those of one class against the other according to their relative weight. Mitigating and aggravating circumstances offset each other  Basis of penalty: number and importance.

People v. 12 par 4) are not all present: a) GRAVE FELONY: arresto mayor maximum period to prision correccional minimum period b) LESS GRAVE FELONY: arresto mayor minimum period and medium period Art. then got out of his vehicle and knocked on the appellant's car window. Gonzales was driving with his grandson and 3 housemaids. Kevin and Feliber G. Gonzales then alighted from his car and fired a single shot at the last window on the left side of Andres' vehicle at an angle away from Andres. the alleged actions showing falsification of a public and/or a commercial document were not necessary to commit estafa. a complex crime refers to: 1) the commission of at least two grave or less grave felonies that must both (or all) be the result of a single act. Lacanilao (1988): Held: Incomplete fulfillment of duty is a privileged mitigating circumstance which not only cannot be offset by aggravating circumstances but also reduces the penalty by one or two degrees than that prescribed b law. Monteverde v. 69 of the RPC. or 2) one offense must be a necessary means for committing the other (or others). Penalty to be imposed if the requisites of accident (Art.CRIMINAL LAW REVIEWER  one degree lower (has the effect of a privileged mitigating circumstance) 104 1. constitute a complex crime. The rule for complex crimes is to impose the penalty for the most serious offense in its MAXIMUM period. On his way back to his vehicle. Gonzalez (Supra): Both of the families of Andres and that of Gonzalez were on their way to the exit of the Loyola Memorial Park. their two vehicles almost collided. if of a less grave felony. Gonzales continued driving while Andres tailed Gonzales‘ vehicle and cut him off when he found the opportunity to do so. 48. The single bullet fired hit Kenneth. and arresto mayor in its minimum and medium periods. People v. 67. Penalty for complex crimes. he met Gonzales son. — When a single act constitutes two or more grave or less grave felonies. in view of the number and nature of the conditions of exemption present or lacking. Penalty to be imposed when the crime committed is not wholly excusable:  One or two degrees lower  if the majority of the conditions for justification or exemption in the cases provided in Arts. Dino. Neither were the two crimes the result of a single act. Penalty to be imposed when the crime committed is not wholly excusable. A penalty lower by one or two degrees than that prescribed by law shall be imposed if the deed is not wholly excusable by reason of the lack of some of the conditions required to justify the same or to exempt from criminal liability in the several cases mentioned in Article 11 and 12. Penalty to be imposed when not all the requisites of exemption of the fourth circumstance of Article 12 are present. Complex Crimes Art. while Andres was driving with his pregnant wife. When all the conditions required in circumstances Number 4 of Article 12 of this Code to exempt from criminal liability are not present. provided that the majority of such conditions be present. the penalty of arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed upon the culprit if he shall have been guilty of a grave felony. his 2yr old son. 69. Heated exchange of remarks followed. Kenneth. the acts cannot NOTE: Art. or when an offense is a necessary means for committing the other. Feliber. Special rules for certain situations . the penalty for the most serious crime shall be imposed. The courts shall impose the penalty in the period which may be deemed proper. Using the above guidelines. Andres had a shouting match this time with Dino. 11 and 12 are present. The governing provision is Art. At an intersection. Specifically. 64 does not apply to: 1) indivisible penalties 2) penalties prescribed by special laws 3) fines 4) crimes committed by negligence (Asked 3 times in the Bar Exams) Art. People (2002): Monteverde was purportedly charged with the complex crime of estafa through falsification of a commercial document for allegedly falsifying the document she had submitted to show that the money donated by PAGCOR was used and spent for lighting materials for her barangay. Held: Under Article 48 of the Revised Penal Code. his nephew Kevin and his sister-in-law. the same to be applied in its maximum period.

— In cases in which the felony committed is different from that which the offender intended to commit. 48 applies if a single act constitutes two or more grave and less grave felonies or when an offense is a necessary means of committing another. If the penalty prescribed for the felony committed be lower than that corresponding to the one which the accused intended to commit. 105 People v. a grave felony. a light felony. Considering that the offenses committed by the act of the appellant of firing a single shot are: one count of homicide. Camat and The underlying philosophy of complex crimes in the Revised Penal Code. Glenn should be held guilty of the complex crime of reckless imprudence resulting in multiple homicide with serious physical injuries and less serious physical injuries. the rules on the imposition of penalties for complex crimes. the penalty for the former shall be imposed in its maximum period. which follows the pro reo principle. 48 of the Revised Penal Code are not applicable in this case. Held: The rules on the imposition of penalties for complex crimes under Art. People v. The trial court convicted Velasquez of two counts of rape. Out of fear and not knowing that the gun that Velasquez was holding is a mere toy. If the penalty prescribed for the felony committed be higher than that corresponding to the offense which the accused intended to commit. which requires two or more grave and/or less grave felonies. Held: Considering that Velasquez forcibly abducted Karen and then raped her twice. The rule established by the next preceding paragraph shall not be applicable if the acts committed by the guilty person shall also constitute an attempt or frustration of another crime. 2. the following rules shall be observed: 1. 3. The rationale being. been filed. the penalty corresponding to the latter shall be imposed in its maximum period. if the . Penalty to be imposed upon the principals when the crime committed is different from that intended. is intended to favor the accused by imposing a single penalty irrespective of the crimes committed. and two counts of slight physical injuries. Wabe. had they been intentional. Crimes Intended Different from That Art. Velasquez then raped Karen twice. People v. they should be treated and punished as separate 2.CRIMINAL LAW REVIEWER which caused the latter‘s death. will not apply. in such a case. offenses. Rape is the more serious of the two crimes and is punishable with reclusion perpetua under Article 266-A of the Revised Penal Code and since reclusion perpetua is a single indivisible penalty. Delos Santos (2001): Held: Considering that the incident was not a product of a malicious intent but rather the result of a single act of reckless driving. Karen went with Velasquez. The penalty for complex crimes is the penalty for the most serious crime which shall be imposed in its maximum period. would. Comadre (2004): Robert Agbanlog. he should be convicted of the complex crime of forcible abduction with rape and simple rape. The slight physical injuries caused by Glenn to the ten other victims through reckless imprudence. poked a toy gun and forced Karen to go with her at his grandmother‘s house. 49. yet these component criminal offenses should be considered only as a single crime in law on which a single penalty is imposed because the offender was impelled by a ―single criminal impulse‖ which shows his lesser degree of perversity. Art. that the accused who commits two crimes with single criminal impulse demonstrates lesser perversity than when the crimes are committed by different acts and several criminal resolutions. have constituted light felonies. therefore. The subsequent rape committed by Velasquez can no longer be considered as a separate complex crime of forcible abduction with rape but only as a separate act of rape punishable by reclusion perpetua. The single act by appellant of detonating a hand grenade may quantitatively constitute a cluster of several separate and distinct offenses. it shall be imposed as it is. Bullanday. which are not covered by Article 48. the penalty for the most serious offense shall be imposed in its maximum period. Velasquez (2000): Velasquez. Separate informations should have. Being light felonies.

Upon a person over fifteen and under eighteen years of age the penalty next lower than that prescribed by law shall be imposed. 59. Art. 106 2) PD No. ART. in which case the penalty provided for the attempted or the frustrated crime shall be imposed in its maximum period. shall impose upon him the penalty of arresto mayor or a fine from 200 to 500 pesos. Those accessories falling within the terms of paragraphs 3 of Article 19 of this Code who should act with abuse of their public functions. Absolute perpetual disqualification if the principal offender is guilty of a grave felony. Impossible Crimes Art. but always in the proper period. Additional penalty to be imposed upon certain accessories. the following rules shall be observed: 1) Upon a person under fifteen but over nine years of age. and that  of absolute temporary disqualification if he shall be guilty of a less grave felony. — When the person intending to commit an offense has already performed the acts for the execution of the same but nevertheless the crime was not produced by reason of the fact that the act intended was by its nature one of impossible accomplishment or because the means employed by such person are essentially inadequate to produce the result desired by him. the penalty to be imposed should be the penalty for the lesser felony in its MAXIMUM period. 68. the court. The youthful offender shall be subject to visitation and supervision by a representative of the Department of Social Welfare or any duly licensed agency or such other officer as the court may designate subject to such conditions as it may prescribe. a discretionary penalty shall be imposed. (1) If after hearing the evidence in the proper proceedings.CRIMINAL LAW REVIEWER law prescribes a higher penalty for either of the latter offenses. 3. the penalty to be imposed is the penalty for homicide in its MAXIMUM period. Suspension of Sentence and Commitment of Youthful Offender. 192. When the offender is a minor under eighteen years and his case is one coming under the provisions of the paragraphs next to the last of Article 80 of this Code. Penalty to be imposed in case of failure to commit the crime because the means employed or the aims sought are impossible. Plural Crimes (supra) Additional Penalty for Certain Accessories Art. shall suffer the additional penalty of  absolute perpetual disqualification if the principal offender shall be guilty of a grave felony. Except: if the lesser felony constitutes an attempt or frustration of another felony. 15 to 18 years old: penalty next lower . instead of pronouncing judgment of conviction. but the crime committed was parricide. who is not exempted from liability by reason of the court having declared that he acted with discernment. the court shall suspend all further proceedings and shall commit such minor to the custody or care of the Department of Social Welfare. Where the Offender Is Below 18 Years Art. (3) However. having in mind the social danger and the degree of criminality shown by the offender. or to any training institution (4) until he shall have reached twenty-one years of age or. 58. Absolute temporary disqualification if the principal offender is guilty of a less grave felony. Either the crime committed be more grave than the crime intended or the crime intended be more grave than the crime committed. 68 applies to such minor if his application for suspension of sentence is disapproved or if while in the reformatory institution he becomes incorrigible in which case he shall be returned to the court for the imposition of the proper penalty. (5) after considering the reports and recommendations of the Department of Social Welfare or the agency or responsible individual under whose care he has been committed. Depending upon the social danger and the degree of criminality shown by the offender. including any civil liability chargeable against him. for a shorter period as the court may deem proper. 603. the penalty for impossible crimes is arresto mayor or fine of P200P500. the court should find that the youthful offender has committed the acts charged against him (2) the court shall determine the imposable penalty. but always lower by two degrees at least than that prescribed by law for the crime which he committed. Example: If the crime intended was homicide. 9 to 15 years only with discernment: at least 2 degrees lower. Penalty to be imposed upon a person under eighteen years of age.

 which shall not more than 250 and not less than 25 km from the place designated. But if the defendant has expressly waived in writing his right to appeal. reclusion temporal. the special regulations prescribed for the government of the institutions in which the penalties are to be suffered shall be observed with regard to  the character of the work to be performed. 334). 86. he filed a petition for habeas corpus claiming he completed the service of his sentence. Any person sentenced to destierro shall not be permitted to enter the place or places designated in the sentence. prision correccional and arresto mayor.  When after lowering the penalty by degrees. when the court so provides in its decision. 70. 70 allows simultaneous service of two or more penalties only if the nature of the penalties so permit. No penalty shall be executed except by virtue of a final judgment. On Mar. the judgment becomes final and executory.CRIMINAL LAW REVIEWER Except if the act is attended by two or more mitigating and no aggravating circumstance. See Rules and regulations to implement RA No. and other incidents connected therewith. 19. taking into consideration the health of the offender and other reasons which may seem satisfactory to it. which shall be not more than 250 and not less than 25 kilometers from the place designated. there is no more legal basis for his detention. 88. Art.  the relations of the convicts among themselves and other persons. Convict shall not be permitted to enter the place designated in the sentence nor within the radius specified. 78. Art. or at least into different departments and also for the correction and reform of the convicts. reclusion temporal. The regulations shall make provision for the separation of the sexes in different institutions. Citing Art. A penalty shall not be executed in any other form than that prescribed by law.  the time of its performance. prision correccional and arresto mayor. 8177 under Capital Punishment. Arresto menor. Service of the penalty of arresto menor:  In the municipal jail  In the house of the offender. but under the surveillance of an officer of the law For health or other good reasons as determined by the court. 87. nor with any other circumstances or incidents than those expressly authorized thereby. . 1999. 284). because the accused may still appeal within 15 days from its promulgation. If the convict enters the prohibited area. RPC.  the relief which they may receive. Thus. Execution and Service Execution of Penalties Art. Destierro. In the Matter of the petition for Habeas Corpus of Pete Lagran (2001): The accused was convicted of 3 counts of violating BP22 and was sentenced to imprisonment of 1 year for each count.  When a person fails to give bond for good behavior (art. 247).  As a penalty for the concubine in the crime of concubinage (Art. Reclusion perpetua. 24. the penalty being divisible. Destierro is imposed:  When the death or serious physical injuries is caused or are inflicted under exceptional circumstances (art. prision mayor. The penalties of reclusion perpetua. Art. a minor over 15 but under 18 years old may still get a penalty two degrees lower. 68 provides for two of the PRIVILEGED MITIGATING CIRCUMSTANCES (Asked once in the Bar Exams) nor within the radius therein specified. and  their diet. prision mayor. Held: Art. Art. In addition to the provisions of the law. 2001. destierro is the proper penalty. he claimed that he shall serve the penalties simultaneously. The penalty of arresto menor shall be served in the municipal jail. he commits evasion of sentence. shall be executed and served in the places and penal establishments provided by the Administrative Code in force or which may be provided by law in the future. 107 H. He was detained on Feb. When and how a penalty is to be executed. or in the house of the defendant himself under the surveillance of an officer of the law. The judgment must be final before it can be executed.

Grant of probation. 968.CRIMINAL LAW REVIEWER In the case at bar. Probation Law (P. That no application for probation shall be entertained or granted if the defendant has perfected the appeal from the judgment of conviction. as above amended. Office of the Court Administrator v. 4 of PD 968. the petitioner was sentenced to suffer one year imprisonment for every count of the offense committed. Llamado v. The conditions listed under Sec. The provisions of Sec. c. 4) Subject to the provisions of this Decree. after it shall have convicted and sentenced a defendant and upon application by said defendant within the period for perfecting an appeal. The trial court lost jurisdiction already over the case. The reform and rehabilitation of the probationer cannot justify his retention in the government service. 3) Probation – a disposition under which a defendant. Promote the correction and rehabilitation of an offender by providing him with individualized treatment Provide an opportunity for the reformation of a penitent offender which might be less probable if he were to serve a prison sentence Prevent the commission of offenses Salgado v. (Asked once in the Bar Exams) filed their respective applications for probation at the time of the effectivity of this Decree. Librado (1996): Held: While indeed the purpose of the Probation Law is to save valuable human material. 2. Probation may be granted whether the sentence imposes a term of imprisonment or a fine only. it must not be forgotten that unlike pardon probation does not obliterate the crime of which the person under probation has been convicted. the only limitation being that it does not jeopardize the constitutional rights of the accused. Definition of terms (Sec. The provision expressly prohibits the grant of an application for probation if the defendant has perfected an appeal from the judgment of conviction. An application for probation shall be filed with the trial court. Petitioner‘s right to apply for probation was lost when he perfected his appeal from the judgment of the trial court. Probationer – a person placed on probation Probation officer – one who investigates for the court a referral for probation or supervises a probationer or both. The nature of the sentence does not allow petitioner to serve all the terms simultaneously. is released subject to conditions imposed by the court and to the supervision of a probation officer. Courts are allowed to impose practically any term it chooses. The filing of the application shall be deemed a waiver of the right to appeal.D. The grant of probation does not extinguish the civil liability of the offender. The order of probation with one of the conditions providing for the manner of payment of the civil liability during the period of probation did not increase or decrease the civil liability adjudged. 3. after conviction and sentence. manner and conditions Grant of probation (Sec. 108 1. 2) 1. b.Purpose (Sec. An order granting or denying probation shall not be appealable. CA (1990): There is no question that the decision convicting Salgado of the crime of serious physical injuries had become final and executory because the filing by respondent of an application for probation is deemed a waiver of his right to appeal. CA (1989): In its present form. the trial court may. The image of the judiciary is tarnished by conduct involving moral turpitude. 10 of the Probation law are not exclusive. Section 4 of the Probation Law establishes a much narrower period during which an application for probation may be filed with the trial court: ―after the trial curt shall have convicted and sentenced a defendant and – within the period for perfecting an appeal‖. shall not apply to those who have already . suspend the execution of the sentence and place the defendant on probation for such period and upon such terms and conditions as it may deem best: Provided. The rule of successive service of sentence must be applied. as amended) a.

b) c) Convicted of subversion or any offense against the security of the State. Reside at premises approved by it and not to change his residence without its prior written approval. and who are not otherwise disqualified by law. Question: What if the offender violates the conditions of his probation? Answer: S/He shall serve the penalty imposed for the offense under which s/he was placed on probation. or the Public Order. 10. and Who are already serving sentence at the time the substantive provisions of PD 968 became applicable pursuant to Sec. Disqualified offenders Probation under PD No. Abstain from drinking intoxicating beverages to excess. Period of probation (Sec. d. a. The a) b) c) d) court may also require the probationer to: Cooperate with a program of supervision. When the sentence imposes a fine only and the offender is made to serve subsidiary imprisonment in case of insolvency. Undergo medical. Question: When shall probation be denied? Answer: Probation shall be denied when: 1. when required for that purpose. Refrain from visiting houses of ill-repute. All a. the offender is in need of correctional treatment that can be provided most effectively by his commitment to an institution. Only one choice. 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 more than Two Hundred Pesos. 39 of the RPC. The period of probation of a defendant sentenced to a term of imprisonment of not more than one year shall not exceed 2 years. term of . or Satisfy any other condition related to the rehabilitation of the defendant and not unduly restrictive of his liberty or incompatible with his freedom of conscience. condition of the offender Available institutional and community resources. antecedents. mental. b. Offenders who are disqualified are those: a) Sentenced to serve a maximum imprisonment of more than six years. 14. Pursue a prescribed secular study or vocational training. the offender will commit another crime. Question: Where do you file your probation application? Answer: Trial Court Question: Does the law allow the simultaneous filing of probation and appeal? Answer: No. 2. and in all other cases. 14) Sec. psychological or psychiatric examination and treatment and enter and remain in a specified institution. 10) Sec. as amended. Permit the probation officer or an authorized social worker to visit his home and place of work.CRIMINAL LAW REVIEWER Conditions of probation (Sec. as amended. b. 33 hereof (Effectivity clause: PD 968‘s substantive provisions took effect on 3 January 1978) 109 d) e) f. It‘s either you file for probation or you file for appeal. Who have been once on probation under the provisions of this Decree. b) Report to the probation officer at least once a month at such time and place as specified by said officer. Question: How long may a convict be placed on probation? Answer: e) f) g) h) i) j) k) d. Conditions of Probation – Every probation order issued by the court shall contain conditions requiring that the probationer shall: a) Present himself to the probation officer designated to undertake his supervision at such place as may be specified in the order within 72 hours from receipt of the order. an offender on information relative to the – character. if you choose one then you are barred from using the other. 3. 8) 1. probation will deprecate the seriousness of the offense committed. c. Attend or reside in a facility established for instruction. Question: When is the period for filing of probation? Answer: Filing period is within the period for perfecting an appeal. Devote himself to a specific employment and not to change said employment without the prior written approval of the probation officer. 968. and physical 2. environment. there is undue risk that during the probation. Meet his family responsibilities. e. is intended for offenders who are 18 years of age and above. the period of probation shall not be less than nor be more than twice the total number of days of subsidiary imprisonment as computed at the rate established in Art. e. recreation or residence of persons on probation. Criteria of placing probation (Sec. said period shall not exceed 6 years.

If the violation is established. Non-Applicability of the Probation Law for Drug Traffickers and Pushers. as amended. In such case. When a convict shall become insane or an imbecile after final sentence has been pronounced. There must first be . An order revoking the grant of probation or modifying the terms and conditions thereof shall not be appealable. Suspension in case of Insanity or Minority Insanity h. Question: Does the probation law apply to Drug Traffickers and Pushers? Answer: NO Section 24 of RA 9165 (The Dangerous Drugs Act) states that: Comprehensive Section 24. Arrest of probationer (Sec. The defendant may be admitted to bail pending such hearing. Termination of probation – After the period of probation and upon consideration of the report and recommendation of the probation officer. cannot avail of the privilege granted by the Probation Law or Presidential Decree No. In the hearing. The probationer and the probation officer shall each be furnished with a copy of such order. 15) Sec. The court shall not be bound by the technical rules of evidence but may inform itself of all the facts which are material and relevant to ascertain the veracity of the charge. The probationer. the provisions of the second paragraph of circumstance number 1 of Article 12 being observed in the corresponding cases. People (2003): A person who appeals his conviction for purposes of reducing the penalty to that which is within the probationable limit may still apply for probation. if the sentence is only a fine (offender in this case is made to suffer subsidiary imprisonment). If at any time the convict shall recover his reason. Only execution of personal penalty is suspended: civil liability may be executed even in case of insanity of convict. 968. 79. which shall be summary in nature. Suspension of the execution and service of the penalties in case of insanity. exception i. the court may issue a warrant for the arrest of a probationer for any serious violation of the conditions of probation. the case is deemed terminated. regardless of the penalty imposed by the Court. An accused may become insane: 1) at the time of commission of the crime  exempt from criminal liability 2) at the time of the trial  court shall suspend hearings and order his confinement in a hospital until he recovers his reason 3) at the time of final judgment or while serving sentence execution suspended with regard to the personal penalty only Minority Please refer to succeeding subsection on RA 9344 and PD 603 110 2. The State shall be represented by a prosecuting officer in any contested hearing. his sentence shall be executed. the provisions regarding release on bail of persons charged with a crime shall be applicable to probationers arrested under this provision. Probation is not coterminous with its period. Arrest of probationer. The expiration of the probation period alone does not automatically terminate probation. probation Shall be not less than nor more than twice the total days of subsidiary imprisonment. – Any person convicted for drug trafficking or pushing under this Act. once arrested and detained. Termination of probation. Art. The respective provisions of this section shall also be observed if the insanity or imbecility occurs while the convict is serving his sentence. The final discharge of the probationer shall operate to restore to him all civil rights lost or suspended 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 shall order the probationer to serve the sentence originally imposed.A. If revoked. 3. the probationer shall have the right to be informed of the violation charged and to adduce evidence in his favor. if the convict is sentence to imprisonment of not more than one year. 9165) Sec. Lagrosa vs. – At any time during probation. shall immediately be brought before the court for a hearing of the violation charged. subsequent dispositions.CRIMINAL LAW REVIEWER 1. the court may revoke or continue his probation and modify the conditions thereof. 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. unless the penalty shall have prescribed in accordance with the provisions of this Code. The Comprehensive Dangerous Drugs Act of 2002 (R. probation shall not exceed six years. probation shall not exceed two years if s/he sentenced to more than one year. (ASKED 16 TIMES IN THE BAR EXAMS) g. the execution of said sentence shall be suspended only with regard to the personal penalty. 15. 16.

cultural. the court. or educational background without resulting to formal court proceedings. also refer to Child and Youth Welfare Code (P. including programs and services for prevention. 20 of RA 9344) Child above 15 years but below 18 years of age (15 ≤ Age of child at time of commission of offense ≤ 18) = EXEMPT from criminal liability and subjected to intervention program  UNLESS the child acted with discernment. the child shall be subjected to an intervention program (per Sec. re-integration and aftercare to ensure their normal growth and development. Non-applicability of the Probation Law for drug traffickers and pushers – Any person convicted for drug trafficking or pushing under this Act. Discernment PD 603 (Secs. as amended. RA 9344) RA 9344 compared to PD 603 1. (Bala v.D. supra) EXCEPTION The Comprehensive Dangerous Drugs Act of 2002 (R.A. Confidentiality of records and proceedings) Diversion RA 9344. having committed an offense under Philippine laws Child – a person under 18 years (b) Exemption from criminal liability Child 15 years of age or under at the time of the commission of the offense = EXEMPT from criminal liability  However. Prosecution 4. as amended) (a) Definition of child in conflict with the law (Sec. Exemption from criminal liability herein established does not include exemption from civil liability. RA 9344 Suspension of sentence is automatic (c) Juvenile justice and welfare system RA 9344. Court proceedings 5. 9344). 6. (Sections on: 1. Diversion 3. 189. an order of final discharge based on the report and recommendation of the probation officer. accused of. 4(m). regardless of the penalty imposed by the Court.  The youthful offender should apply for a suspended sentence and it is discretionary on the court to approve the application. Initial contact with the child 2. psychological. The order of the court denying an application for suspension of sentence shall not be appealable. upon application of the youthful offender and if it finds that the best interest of the public as well as that of the offender will be served thereby. diversion. 9165) RA 9165. or adjudged as. EXEMPT from criminal liability:  Child 9 years of age or under at time of commission of offense  9 ≤ Age of child at time of commission of offense ≤ 15 (UNLESS s/he acted with discernment RA 9344 Child under 15 years of age shall be exempt from criminal liability. for a shorter period as the court may deem proper. (Sec. rehabilitation. in which case. Juvenile Justice and Welfare Act of 2006 (R. However. 2. PD 603 (Sec. ―Diversion‖ refers to an alternative. which provides child-appropriate proceedings. 24.A. Sec. which shall be enforced in accordance with existing laws. Suspension of sentence 111 1. RA 9344) Child in conflict with the law – a child who is alleged as. NOTE: Please refer to Title V of RA 9344 for the pertinent provisions. 4(j).CRIMINAL LAW REVIEWER issued by the court. ―Juvenile Justice and Welfare System‖ refers to a system dealing with children at risk and children in conflict with the law. regardless of whether or not s/he acted with discernment . or duly licensed agencies or any other responsible person. may suspend all further proceedings and shall commit such minor to the custody or care of the DSWD or to any training institution operated by the government. instead of pronouncing judgment of conviction. 4. 603. RA 9344 Child above 15 years but below 18 years of age who acted with discernment shall be subjected to the appropriate proceedings in accordance with the Act. ii. such child shall be subjected to the appropriate proceedings in accordance with RA 9344 2. cannot avail of the privilege granted by the Probation Law or PD 968. Martinez. including any civil liability chargeable against him. Sec. child-appropriate process of determining the responsibility and treatment of a child in conflict with the law on the basis of his/her social. 193) No automatic suspension of sentence. Only from such issuance can the case of the probationer be deemed terminated. economic. Sec. Minimum age of criminal responsibility PD 603 Sec. until he shall have reached 21 years of age or. 189 & 192) Child over 9 years and under 15 years of age who acted w/ discernment – court shall determine imposable penalty. 3.

Children in conflict with the law shall undergo diversion programs without undergoing court proceedings subject to the conditions herein provided: (a) Where the imposable penalty for the crime committee is not more than six (6) years imprisonment. where appropriate. Intervention program SEC. and b. The child and his/her family shall be present in these activities.Community-based programs on juvenile justice and welfare shall be instituted by the LGUs through the LCPC. adopt indigenous modes of conflict resolution in accordance with the best interest of the child with a view to accomplishing the objectives of restorative justice and the formulation of a diversion program.O. interests and concerns of children and which offer appropriate counseling and guidance to them and their families. In case the maximum penalty to which the accused may be sentenced is destierro. the local social welfare and development officer shall meet with the child and his/her parents or guardians for the development of the appropriate diversion and rehabilitation program. Distinguished from Preventive Imprisonment Art. These programs shall consist of three levels: (a) Primary intervention includes general measures to promote social justice and equal opportunity. family conferencing and conciliation and. 1970). 23. The accused undergoes preventive imprisonment when the offense charged is nonbailable. Offenders who have undergone preventive imprisonment shall be credited in the service of their sentence consisting of deprivation of liberty. if the same is under review. and (c) Tertiary intervention includes measures to avoid unnecessary contact with the formal justice system and other measures to prevent reoffending. youth organizations and other concerned agencies. (c) Where the imposable penalty for the crime committed exceeds six (6) years imprisonment. . or even if bailable. The LGUs. he cannot furnish the required bail. (As amended by Republic Act 6127. diversion measures may be resorted to only by the court. NGOs. July 10. 1988). The LGUs shall set aside an amount necessary to implement their respective juvenile intervention programs in their annual budget. he shall be credited in the service of his sentence with four-fifths of the time during which he has undergone preventive imprisonment. shall call on all sectors concerned. 18. Period of preventive imprisonment deducted from term of imprisonment. (As amended by E. people's organizations. (b) In victimless crimes where the imposable penalty is not more than six (6) years imprisonment. When they are recidivists or have been convicted previously twice or more times of any crime. System of Diversion. Development of a Comprehensive Juvenile Intervention Program. 29. except in the following cases: a. 19. problems. Community-based Programs on Juvenile Justice and Welfare. SEC. Such programs shall be implemented consistent with the national program formulated and designed by the JJWC. If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted prisoners. school. which tackle perceived root causes of offending. with the full time during which they have undergone preventive imprisonment.CRIMINAL LAW REVIEWER ―Diversion Program‖ refers to the program that the child in conflict with the law is required to undergo after he/she is found responsible for an offense without resorting to formal court proceedings. he shall be released after thirty (30) days of preventive imprisonment. No. he shall be released immediately without prejudice to the continuation of the trial thereof or the proceeding on appeal. in coordination with the BCPC. . the law enforcement officer or Punong Barangay with the assistance of the local social welfare and development officer or other members of the LCPC shall conduct mediation. Results of the assessment shall be submitted by the provincial and city governments to the JJWC not later than March 30 of every year. When upon being summoned for the execution of their sentence they have failed to surrender voluntarily. Whenever an accused has undergone preventive imprisonment  for a period equal to or more than the possible maximum imprisonment of the offense charged to which he may be sentenced  and his case is not yet terminated. educational institutions and government agencies involved in delinquency prevention to participate in the planning process and implementation of juvenile intervention programs. 112 . (b) Secondary intervention includes measures to assist children at risk.A Comprehensive juvenile intervention program covering at least a 3year period shall be instituted in LGUs from the barangay to the provincial level. June 17. if the detention prisoner agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners. The LGUs shall provide community-based services which respond to the special needs. 23. particularly the childfocused institutions. 214. The implementation of the comprehensive juvenile intervention program shall be reviewed and assessed annually by the LGUs in coordination with the LCPC. RA 9344) SEC. System of diversion (Sec. . in coordination with the LCPC.

7. MODIFICATION AND EXTINCTION OF CRIMINAL LIABILITY (ASKED 7 TIMES IN THE BAR EXAMS) This section enumerates and explains the ways in which criminal liability is extinguished. 5. in which case. allowances which the culprit may earn while he is serving sentence By Parole By Probation 113 B. The accused shall be released immediately whenever he has undergone preventive imprisonment for a period equal to or more than the possible maximum imprisonment for the offense charged. This is only true in administrative cases but not in criminal cases. 1. PARDON BY THE CHIEF EXECUTIVE AND AMNESTY SHALL BE DISCUSSED IN DETAIL. Two kinds of extinguishment of criminal liability: A. seduction and acts of lasciviousness. CHAPTER VI. ONLY PRESCRIPTION OF CRIMES. FOLLOWING THE SC OUTLINE. PARDON BY OFFENDED PARTY. PRESCRIPTION OF PENALTIES. TOTAL EXTINGUISHMENT By prescription of crime By prescription of penalty By the death of the convict By Service of sentence By Amnesty By Absolute Pardon By the marriage of the offended woman and the offender in the crimes of rape. not public. (Art. 6. A. 4. 4. General Rule: Prescription of the crime begins on the day the crime was committed. Exception: The crime was concealed. 344) PARTIAL EXTINGUISHMENT By Conditional Pardon By Commutation of sentence For good conduct. 2. Important: The Supreme Court ruled that re-election to public office is not one of the grounds by which criminal liability is extinguished. 2. 3. 3. 1. the prescription thereof would only commence from the time the offended party or the government learns of the commission of the crime. after the lapse of a certain period of time.CRIMINAL LAW REVIEWER The convict is to be released immediately if the penalty imposed after trial is less than the full time or four-fifths of the time of the preventive imprisonment. Prescription of crimes (Art. Difference between Prescription of Crime and Prescription of the Penalty Prescription of the Prescription of crime penalty Forfeiture of the State Forfeiture to execute to prosecute after a the final sentence after lapse of a certain time the lapse of a certain . abduction. 5. 90) (ASKED 4 TIMES IN THE BAR EXAMS) Definition: The forfeiture or loss of the right of the State to prosecute the offender.

or gone to a foreign country with which we have no extradition treaty. Prescriptive Periods of Penalties Death and reclusion perpetua Other afflictive penalties Correctional penalties Note: If arresto mayor Light penalties 20 years 15 years 10 years 5 years 1 year Computation of Prescription of Penalties (Art. prescriptive period cannot begin to run because the crime does not end. 2) 3) 20 years 15 years 10 years 5 years The highest penalty shall be made a basis 1 year 6 months 2 months 6 months 2 months 15 years 10 years 2 months 4) 5) B. 114 Question: What happens when the last day of the prescriptive period falls on a Sunday or legal holiday? Answer: The information can no longer be filed on the next day as the crime has already prescribed.CRIMINAL LAW REVIEWER time 1) Commences to run from the day on which the crime is discovered by the offended party. or committed another crime 4. The penalty has prescribed because of the lapse of time from the date of the evasion of service of the sentence by the convict. but less than two years Imprisonment for two years but less 8 years than six years Imprisonment for six years or more 12 years Offenses under Internal Revenue Law 5 years Violations of municipal ordinances 2 months Violations of the regulations or conditions of certificate of 2 months convenience by the Public Service Commission *Not applicable where the special law provides for its own prescriptive period Computation of Prescription of Offenses (Art. the authorities or their agents. 91) 18 "Escape" in legal parlance and for purposes of Articles 93 and 157 of the RPC means unlawful departure of prisoner from the limits of his custody. amending Act 3326) Offenses punished only by fine or imprisonment for not more than one 1 year month or both Imprisonment for more than one 4 years month. one who has not been committed to prison cannot be said to have escaped therefrom (Del Castillo v. Prescription of penalties (Art. Note: Termination must be FINAL as to amount to a jeopardy that would bar a subsequent prosecution. prescription of the crime is based on the fine. Penalty is imposed by final judgment 2. reclusion perpetua or reclusion temporal 2) Afflictive penalties 3) Correctional penalties Note: Those punishable by arresto mayor Note: When the penalty fixed law is a compound one 4) 5) 6) 7) 8) 9) Libel Oral defamation and slander by deed Simple slander Grave slander Light offenses Crimes punishable by fines a) Fine is afflictive b) Fine is correctional c) Fine is light Note: Subsidiary penalty for nonpayment not considered in determining the period Note: When fine is an alternative penalty higher than the other penalty which is by imprisonment. The convict who has escaped from prison has not given himself up. or unjustifiably stopped for any reason not imputable to the accused. Interrupted by the filing of complaint or information It shall commence to run again when such proceedings terminate without the accused being convicted or acquitted. Prescriptive Periods of Crimes (ASKED 4 TIMES IN THE BAR EXAMS) 1) Crimes punishable by death. For continuing crimes. . Period commences to run from the date when he culprit evaded18 the service of sentence When interrupted:  Convict gives himself up  Is captured  Goes to a foreign country with which we have no extradition treaty Prescriptive periods under special laws and municipal ordinances (Act 3763. Convict evaded service of sentence by escaping during the term of his sentence 3. 92) (ASKED 4 TIMES IN THE BAR EXAMS) Definition: The loss or forfeiture of the right of the government to execute the final sentence after the lapse of a certain period of time. Torrecampo (2002). The term of prescription shall not run when the offender is absent from the Philippine archipelago. Clearly. 93) Elements: 1. or been captured.

CRIMINAL LAW REVIEWER  Commits any crime before the expiration of the period of prescription release the latter upon compliance with the condition. E. Although pardon restores his eligibility for appointment to that office. A pardon shall in no case exempt the culprit from the payment of civil indemnity imposed upon him by the sentence. abduction and acts of lasciviousness by the valid marriage of the offended party and the offender. the pardoned convict must reapply for a new appointment. D. The offended party can waive the civil liability which the offender must pay. 23. Pardon by the Chief Executive Absolute Pardon An act of grace. Thus in applying for pardon. Pardon by the offended party Art. Absolute pardon does not ipso facto entitle the convict to reinstatement to the public office forfeited by reason of his conviction. abduction. its effects. a. Question: What is the effect of the acceptance of the convict of a conditional pardon? Answer: It would interrupt the acceptance of the prescriptive period. the convict must not appeal the judgment of conviction or the appeal must be abandoned. Effects of Pardon of the President Art. Pardon by the Chief Executive Extinguishes the criminal liability of the offender. . seduction. it is a contract between the executive and the convict tat the former will An act of the sovereign power granting oblivion or general pardon for a past offense. Monsanto v Factoran (1989): 1. or the right of suffrage. Labrador). and (2) in adultery and concubinage. One usual condition is ―not again violate any of the penal laws of the country‖. The pardon cannot make an exception to this rule. Although it may constitute a bar to the prosecution of the: (1) crimes of seduction. (2) That such power does not extend to cases of impeachment. Question: What happens if the culprit is captured but he evades again the service of his sentence? Answer: The period of prescription that ran during the evasion is not forfeited. (Cristobal v. Effects: (1) A pardon shall not restore the right to hold public office or the right of suffrage. rape and acts of lasciviousness). a pardon does not extinguish the criminal liability of an offender except for cases under Article 344 (Prosecution of the crimes of adultery. Effect of pardon by the offended party. – A pardon shall not work the restoration of the right to hold public office. 2. Pardon by the offended party Does not extinguish criminal liability. 115 C. by the express or implied pardon by the offended spouse. Conditional or Absolute Granted only after the conviction. unless such rights be expressly restored by the terms of the pardon. Exempts the individual from the penalty of the crime he has committed. The period of prescription that has run in his favor should be taken into account. Exception: When any or both such rights is or are expressly restored by the terms of the pardon. Amnesty Conditional Pardon If delivered and accepted. 36. proceeding from the power entrusted with the execution of the laws. Cannot be conditional Pardon should be given before the institution of criminal prosecution. — A pardon of the offended party does not extinguish criminal action except as provided in Article 344 of this Code. Under this article. Pardon. but civil liability with regard to the interest of the injured party is extinguished by his express waiver. This article states the extent of a pardon made by the offended party. Limitations upon the exercise of pardoning power (1) That the power can be exercised only after conviction. NOTE: THE RPC PROVISIONS ON CIVIL LIABILITY IS NOT INCLUDED IN THE SC OUTLINE. (2) It shall not exempt the culprit from the payment of the civil indemnity. But the civil liability with regard to the interest of the injured party is extinguished. Question: What happens in cases where our government has extradition treaty with another country but the crime is not included in the treaty? Answer: It would interrupt the running of the prescriptive period. concubinage. Cannot include civil liabilities which the offender must pay.

he cannot . is he a recidivist? No. Difference between Amnesty and Absolute Pardon AMNESTY ABSOLUTE PARDON Blanket pardon to Includes any crime and is classes of persons. and so he was given an amnesty. usually extended in behalf of certain classes of persons who are subject trial but have not yet been convicted. If an offender was convicted for rebellion and he qualified for amnesty. Considering that recidivism does not prescribe. Erases not only the conviction but the crime itself. but rights not restored unless explicitly provided by the terms of the pardon Both do not extinguish civil liability Public act which the Private act of the court shall take judicial President and must be notice of pleaded and proved by the person pardoned Valid only when there is Valid if given either final judgment before or after final judgment be considered a recidivist. Pardon only excuses the convict from serving the sentence. that pardon will not wipe out the effects of the crime. if he will be subsequently convicted for a felony embracing the same title as that crime. the offended was again captured and charged for rebellion. So if the convict has already served the sentence and in spite of that he was given a pardon that pardon will cover the effects of the crime and therefore. There is an exception to this and that is when the pardon was granted when the convict had already served the sentence such that there is no more service of sentence to be executed then the pardon shall be understood as intended to erase the effects of the conviction. because the pardon wipes out the effects of the crime. although absolute does not erase the effects of conviction. is he a recidivist? Yes.he is if he has committed no relieved from the offense consequences of the offense. unless the language of the pardon absolutely relieve the offender of all the effects thereof. then years later. Because the amnesty granted to him erased not only the conviction but also the effects of the conviction itself. Amnesty erases not only the conviction but also the crime itself. instead of amnesty. no matter how long ago was the first conviction. guilty exercised individually of political offenses May still be exercised The person is already before trial or convicted investigation Looks backward.CRIMINAL LAW REVIEWER Rarely exercised in favor of a single individual. what was given was absolute pardon. he was convicted. he shall still be a recidivist. then years later he rebelled again and convicted. Suppose. Pardon. But if he was serving sentence when he was pardoned.it is as Looks forward. 116 The effects of amnesty as well as absolute pardon are not the same.

consistent with the protection of the rights of children belonging to these communities. or unable to provide protection for the child. APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: TITLE I GOVERNING PRINCIPLES CHAPTER 1 TITLE. physical.CRIMINAL LAW REVIEWER Republic Act No. but not limited to. It also means the least detrimental available alternative for safeguarding the growth and development of the child. psychological and emotional development.In case of doubt. a variety of disposition measures such as care. psychological. counseling. such as. are unwilling. (e) "Child" refers to a person under the age of eighteen (18) years.The following State policies shall be observed at all times: (a) The State recognizes the vital role of children and youth in nation building and shall promote and protect their physical. probation. family and social circumstances. (e) The administration of the juvenile justice and welfare system shall take into consideration the cultural and religious perspectives of the Filipino people. (f) The State shall apply the principles of restorative justice in all its laws. moral. 4. the following: (1) being abused by any person through sexual. spiritual. (b) The State shall protect the best interests of the child through measures that will ensure the observance of international standards of child protection. including proper care and nutrition. foster care. or recognizance. the State recognizes the right of every child alleged as. (d) "Child at Risk" refers to a child who is vulnerable to and at the risk of committing criminal offenses because of personal. cruelty and exploitation. Liberal Construction of this Act.This Act shall be known as the "Juvenile Justice and Welfare Act of 2006. providing that human rights and legal safeguards are fully respected. and other conditions prejudicial to their development. abuse. to guarantee his/her appearance before any court. 117 . (c) The State likewise recognizes the right of children to assistance. adjudged. Short Title and Scope. 3. POLICY AND DEFINITION OF TERMS Section 1." It shall cover the different stages involving children at risk and children in conflict with the law from prevention to rehabilitation and reintegration. the State shall adopt measures for dealing with such children without resorting to judicial proceedings. guidance and supervision orders. (b) "Best Interest of the Child" refers to the totality of the circumstances and conditions which are most congenial to the survival.The following terms as used in this Act shall be defined as follows: (a) "Bail" refers to the security given for the release of the person in custody of the law. 9344 AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM. mental. economic or any other means and the parents or guardian refuse. intellectual and social well-being. property bond. . Declaration of State Policy. the interpretation of any of the provisions of this Act. It shall inculcate in the youth patriotism and nationalism. furnished by him/her or a bondsman. and special protection from all forms of neglect. particularly the indigenous peoples and the Muslims. among others. education and vocational training programs and other alternatives to institutional care. Bail may be given in the form of corporate security. shall be construed liberally in favor of the child in conflict with the law. and encourage their involvement in public and civic affairs. protection and feelings of security of the child and most encouraging to the child's physical. taking into account the child's age and desirability of promoting his/her reintegration. . SEC. policies and programs applicable to children in conflict with the law. CREATING THE JUVENILE JUSTICE AND WELFARE COUNCIL UNDER THE DEPARTMENT OF JUSTICE. (d) Pursuant to Article 40 of the United Nations Convention on the Rights of the Child. . . SEC. It shall ensure that children are dealt with in a manner appropriate to their well-being by providing for. Proceedings before any authority shall be conducted in the best interest of the child and in a manner which allows the child to participate and to express himself/herself freely. including its implementing rules and regulations (IRRs). Definition of Terms. Whenever appropriate and desirable. 2. especially those to which the Philippines is a party. accused of. cash deposit. or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth. The participation of children in the program and policy formulation and implementation related to juvenile justice and welfare shall be ensured by the concerned government agency. SEC.

as well as rehabilitation of the child in conflict with the law. including a barangay tanod. which provides child-appropriate proceedings. LGUs. psychological or educational background without resorting to formal court proceedings. (r) "Status Offenses" refers to offenses which discriminate only against a child. (s) "Youth Detention Home" refers to a 24hour child-caring institution managed by accredited local government units (LGUs) and licensed and/or accredited nongovernment organizations (NGOs) providing short-term residential care for children in conflict with the law who are awaiting court disposition of their cases or transfer to other agencies or jurisdiction. and after diligent search and inquiry. or adjudged as. (g) "Court" refers to a family court or. (6) being a streetchild. (k) "Initial Contact With-the Child" refers to the apprehension or taking into custody of a child in conflict with the law by law enforcement officers or private citizens. (7) being a member of a gang. (i) "Diversion" refers to an alternative. It may take the form of an individualized treatment program which may include counseling. re-integration and aftercare to ensure their normal growth and development. education. and (9) living in situations of armed conflict. diversion. cultural. in places where there are no family courts. economic. parental disobedience and the like. (t) "Youth Rehabilitation Center" refers to a 24-hour residential care facility managed by the Department of Social Welfare and Development (DSWD). from which the child in conflict with the law is not permitted to leave at will by order of any judicial or administrative authority. which provides care. child-appropriate process of determining the responsibility and treatment of a child in conflict with the law on the basis of his/her social.CRIMINAL LAW REVIEWER (2) being exploited including sexually or economically. and other activities that will enhance his/her psychological. Rehabilitation services are provided under the guidance of a trained staff where residents are cared 118 . It includes the time when the child alleged to be in conflict with the law receives a subpoena under Section 3(b) of Rule 112 of the Revised Rules of Criminal Procedure or summons under Section 6(a) or Section 9(b) of the same Rule in cases that do not require preliminary investigation or where there is no necessity to place the child alleged to be in conflict with the law under immediate custody. (h) "Deprivation of Liberty" refers to any form of detention or imprisonment. truancy. (3) being abandoned or neglected. emotional and psycho-social well-being. when required. reconciliation of the offender. (e) "Child in Conflict with the Law" refers to a child who is alleged as. It seeks to obtain reparation for the victim. the victim and the community in prevention strategies. for reintegration into his/her family and/or community. having committed an offense under Philippine laws. (0) "Offense" refers to any act or omission whether punishable under special laws or the Revised Penal Code. (p) "Recognizance" refers to an undertaking in lieu of a bond assumed by a parent or custodian who shall be responsible for the appearance in court of the child in conflict with the law. skills training. (I) "Intervention" refers to a series of activities which are designed to address issues that caused the child to commit an offense. as amended. and reassurance to the offender that he/she can be reintegrated into society. including programs and services for prevention. the offender and the community. (8) living in a community with a high level of criminality or drug abuse. (n) "Law Enforcement Officer" refers to the person in authority or his/her agent as defined in Article 152 of the Revised Penal Code. (f) "Community-based Programs" refers to the programs provided in a community setting developed for purposes of intervention and diversion. (4) coming from a dysfunctional or broken family or without a parent or guardian. These shall include curfew violations. treatment and rehabilitation services for children in conflict with the law. (5) being out of school. while an adult does not suffer any penalty for committing similar acts. It also enhances public safety by activating the offender. rehabilitation. or to the placement of a child in conflict with the law in a public or private custodial setting. accused of. (m) "Juvenile Justice and Welfare System" refers to a system dealing with children at risk and children in conflict with the law. the parent or guardian cannot be found. the offended and the community. licensed and/or accredited NGOs monitored by the DSWD. (j) "Diversion Program" refers to the program that the child in conflict with the law is required to undergo after he/she is found responsible for an offense without resorting to formal court proceedings. any regional trial court. (q) "Restorative Justice" refers to a principle which requires a process of resolving conflicts with the maximum involvement of the victim.

(e) the right to prompt access to legal and other appropriate assistance. SEC. In case of doubt as to the age of the child. In particular. 119 . (k) the right to have restrictions on his/her personal liberty limited to the minimum. age may be based on information from the child himself/herself. Rights of the Child in Conflict with the Law. save in exceptional circumstances. (b) the right not to be imposed a sentence of capital punishment or life imprisonment. and which shall be for the shortest appropriate period of time. a child deprived of liberty shall be separated from adult offenders at all times. He/She shall await hearing of his/her own case in a separate holding area. and the United Nations Rules for the Protection of Juveniles Deprived of Liberty. baptismal certificate or any other pertinent documents. the imposition of fine being preferred as the more appropriate penalty. concealment or misrepresentation. (j) the right to be imposed a judgment in proportion to the gravity of the offense where his/her best interest. Physical mobility of residents of said centers may be restricted pending court disposition of the charges against them. He/She shall be conveyed separately to or from court. (d) the right to be treated with humanity and respect. United Nations Guidelines for the Prevention of Juvenile Delinquency or the "Riyadh Guidelines". 6. Any person contesting the age of the child in conflict with the law prior to the filing of the information in any appropriate court may file a case in a summary proceeding for the determination of age before the Family Court which shall decide the case within twenty-four (24) hours from receipt of the appropriate pleadings of all interested parties. He/She shall enjoy all the rights of a child in conflict with the law until he/she is proven to be eighteen (18) years old or older. and to a prompt decision on such action. A child in conflict with the law shall have the right to maintain contact with his/her family through correspondence and visits. . SEC. unless he/she has acted with discernment. for the inherent dignity of the person. the child shall be subjected to an intervention program pursuant to Section 20 of this Act. and where discretion is given by law to the judge to determine whether to impose fine or imprisonment. of his/her liberty. However. (f) the right to bail and recognizance. (m) the right to probation as an alternative to imprisonment. (g) the right to testify as a witness in hid/her own behalf under the rule on examination of a child witness. (h) the right to have his/her privacy respected fully at all stages of the proceedings. the right to automatic suspension of sentence.CRIMINAL LAW REVIEWER for under a structured therapeutic environment with the end view of reintegrating them into their families and communities as socially functioning individuals. testimonies of other persons. (u) "Victimless Crimes" refers to offenses where there is no private offended party. if qualified under the Probation Law. such child shall be subjected to the appropriate proceedings in accordance with this Act. A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal liability and be subjected to an intervention program. without the possibility of release. In the absence of these documents. No child shall be detained together with adult offenders. and in a manner which takes into account the needs of a person of his/her age. in appropriate cases. (i) the right to diversion if he/she is qualified and voluntarily avails of the same. the rights of the victim and the needs of society are all taken into consideration by the court. which shall be enforced in accordance with existing laws. and (o) other rights as provided for under existing laws. Determination ofAge. including but not limited to: (a) the right not to be subjected to torture or other cruel. 7. the physical appearance of the child and other relevant evidence. A child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from criminal liability. The exemption from criminal liability herein established does not include exemption from civil liability. Minimum Age of Criminal Responsibility. (n) the right to be free from liability for perjury.Every child in conflict with the law shall have the following rights. .The child in conflict with the law shall enjoy the presumption of minority. independent and impartial authority. The State further adopts the provisions of the United Nations Standard Minimum Rules for the Administration of Juvenile Justice or "Beijing Rules". 5. it shall be resolved in his/her favor. under the principle of restorative justice. (c) the right not to be deprived. CHAPTER 2 PRINCIPLES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND WELFARE SEC. detention or imprisonment being a disposition of last resort. rules and regulations. The age of a child may be determined from the child's birth certificate. (I) in general. in which case. inhuman or degrading treatment or punishment. unlawfully or arbitrarily. as well as the right to challenge the legality of the deprivation of his/her liberty before a court or other competent.

Duties and Functions of the JJWC. The JJWC shall be chaired by an undersecretary of the Department of Social Welfare and Development. It shall ensure the effective implementation of this Act and coordination among the following agencies: (a) Council for the Welfare of Children (CWC). Juvenile Justice and Welfare Council (JJWC). with the participation of government agencies concerned. (b) To advise the President on all matters and policies relating to juvenile justice and welfare. (i) Commission on Human Rights (CHR). (g) National Youth Commission (NYC). (k) Technical Education and Skills Development Authority (TESDA). whose ranks shall not be lower than director. The JJWC shall convene within fifteen (15) days from the effectivity of this Act. (h) Through duly designated persons and with the assistance of the agencies provided in the preceding section. (2) the periodic trends. (c) Council for the Welfare of Children (CWC) (d) Department of Education (DepEd). (h) Philippine National Police (PNP). the person shall file a motion to determine the age of the child in the same court where the case is pending. problems and causes of juvenile delinquency and crimes. 8. (f) Parole and Probation Administration (PPA) (g) National Bureau of Investigation (NBI).The JJWC shall have the following duties and functions: (a) To oversee the implementation of this Act. (c) To assist the concerned agencies in the review and redrafting of existing policies/regulations or in the formulation of new ones in line with the provisions of this Act. (d) To periodically develop a comprehensive 3 to 5-year national juvenile intervention program. (i) Bureau of Jail Management and Penology (BJMP). (e) Bureau of Corrections (BUCOR). The JJWC shall set up a mechanism to ensure that children are involved in research and policy development.. (b) Department of Social Welfare and Development (DSWD). to be designated by the concerned heads of the following departments or agencies: (a) Department of Justice (DOJ). such as but not limited to: (1) the performance and results achieved by juvenile intervention programs and by activities of the local government units and other government agencies. The JJWC shall coordinate with the Office of the Court Administrator and the Philippine Judicial Academy to ensure the realization of its mandate and the proper discharge of its duties and functions. The Secretary of Justice and the Secretary of Social Welfare and Development shall determine the organizational structure and staffing pattern of the JJWC. prosecutors. as herein provided. judges and other government officials concerned shall exert all efforts at determining the age of the child in conflict with the law.CRIMINAL LAW REVIEWER If a case has been fiied against the child in conflict with the law and is pending in the appropriate court. TITLE II STRUCTURES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND WELFARE SEC. (g) To collect relevant information and conduct continuing research and support evaluations and studies on all matters relating to juvenile justice and welfare. In all proceedings. law enforcement officers. one to be designated by the Secretary of Justice and the other to be designated by the Secretary of Social Welfare and Development. (l) National Youth Commission (NYC). and (h) Two (2) representatives from NGOs. NGOs and youth organizations. . to conduct regular inspections in detention and rehabilitation 120 . All programs relating to juvenile justice and welfare shall be adopted in consultation with the JJWC. and (m) Other institutions focused on juvenile justice and intervention programs. as well as for the treatment and rehabilitation of the children in conflict with the law. SEC.A Juvenile Justice and Welfare Council (JJWC) is hereby created and attached to the Department of Justice and placed under its administrative supervision. Pending hearing on the said motion. The data gathered shall be used by the JJWC in the improvement of the administration of juvenile justice and welfare system. (e) To coordinate the implementation of the juvenile intervention programs and activities by national government agencies and other activities which may have an important bearing on the success of the entire national juvenile intervention program. (c) Department of the Interior and Local Government (DILG). . and (3) the particular needs of children in conflict with the law in custody. (b) Department of Education (DepEd). proceedings on the main case shall be suspended. (f) To formulate and recommend policies and strategies in consultation with children for the prevention of juvenile delinquency and the administration of justice. 9. (d) Public Attorney's Office (PAO). The JJWC shall be composed of representatives. (e) Department of the Interior and Local Government (DILG) (f) Commission on Human Rights (CHR).

. SEC.All government agencies enumerated in Section 8 shall. and (k) To perform such other functions as may be necessary to implement the provisions of this Act. Schools shall provide adequate. 14. Any undue. . . (j) To submit an annual report to the President on the implementation of this Act. SEC.Local Councils for the Protection of Children (LCPC) shall be established in all levels of local government. (i) To initiate and coordinate the conduct of trainings for the personnel of the agencies involved in the administration of the juvenile justice and welfare system and the juvenile intervention program. the best interest of the child should be the primordial and paramount concern. 10. draft policies and procedures consistent with the standards set in the law. 17. SEC. 16. 121 . including the timely and regular submission of reports before the treaty bodies. The local council shall serve as the primary agency to coordinate with and assist the LGU concerned for the adoption of a comprehensive plan on delinquency prevention. The Family. .A Comprehensive juvenile intervention program covering at least a 3year period shall be instituted in LGUs from the barangay to the provincial level.The existing Child Rights Center of the Commission on Human Rights shall ensure that the status. and where they have already been established. Membership in the LCPC shall be chosen from among the responsible members of the community. .All LGUs shall appoint a duly licensed social worker as its local social welfare and development officer tasked to assist children in conflict with the law. and delinquency prevention by relaying consistent messages through a balanced approach.Educational institutions shall work together with families. Child Rights Center (CRC). CHAPTER 2 COMPREHENSIVE JUVENILE INTERVENTION PROGRAM SEC. community organizations and agencies in the prevention of juvenile delinquency and in the rehabilitation and reintegration of child in conflict with the law. as well as representatives from government and private agencies concerned with the welfare of children. That the disbursement of the fund shall be made by the LGU concerned. Development of a Comprehensive Juvenile Intervention Program. 11. SEC. . Policies and Procedures on Juvenile Justice and Welfare. including a representative from the youth sector. 18. These policies and procedures shall be modified accordingly in consultation with the JJWC upon the completion of the national juvenile intervention program as provided under Section 9 (d). The CHR shall strengthen the monitoring of government compliance of all treaty obligations. SEC. The Role of the Mass Media. therefore. 12. with the assistance of the JJWC and within one (1) year from the effectivity of this Act.The Sangguniang Kabataan (SK) shall coordinate with the LCPC in the formulation and implementation of juvenile intervention and diversion programs in the community. .formal education accreditation equivalency system. SEC. Media practitioners shall. TITLE III PREVENTION OF JUVENILE DELINQUENCY CHAPTER 1 THE ROLE OF THE DIFFERENT SECTORS SEC. as well as the implementation and dissemination of recommendations and conclusions by government agencies as well as NGOs and civil society. municipalities and cities shall be allocated for the strengthening and implementation of the programs of the LCPC: Provided. they shall be strengthened within one (1) year from the effectivity of this Act. . inappropriate and sensationalized publicity of any case involving a child in conflict with the law is hereby declared a violation of the child's rights. Establishment and Strengthening of Local Councils for the Protection of Children. 13.CRIMINAL LAW REVIEWER facilities and to undertake spot inspections on their own initiative in order to check compliance with the standards provided herein and to make the necessary recommendations to appropriate agencies. they should be provided the opportunity to continue learning under an alternative learning system with basic literacy program or non. The Educational System. a child in conflict with the law shall be maintained in his/her family. In all publicity concerning children. . As far as practicable and in accordance with the procedures of this Act. Appointment of Local Social Welfare and Development Officer. 15. and to oversee its proper implementation. The Sangguniang Kabataan.The mass media shall play an active role in the promotion of child rights. In cases where children in conflict with the law are taken into custody or detained in rehabilitation centers.The family shall be responsible for the primary nurturing and rearing of children which is critical in delinquency prevention. have the duty to maintain the highest critical and professional standards in reporting and covering cases of children in conflict with the law. necessary and individualized educational schemes for children manifesting difficult behavior and children in conflict with the law. One percent (1%) of the internal revenue allotment of barangays. rights and interests of children are upheld in accordance with the Constitution and international instruments on human rights. SEC.

(k) Ensure that should detention of the child in conflict with the law be necessary. TITLE V JUVENILE JUSTICE AND WELFARE SYSTEM CHAPTER I INITIAL CONTACT WITH THE CHILD SEC. (d) Refrain from using vulgar or profane words and from sexually harassing or abusing.If it has been determined that the child taken into custody is fifteen (15) years old or below. or in the event that the parents will not comply with the prevention program.CRIMINAL LAW REVIEWER The LGUs shall set aside an amount necessary to implement their respective juvenile intervention programs in their annual budget.From the moment a child is taken into custody. steps shall be immediately undertaken to provide the same. (i) Immediately but not later than eight (8) hours after apprehension. or making sexual advances on the child in conflict with the law. Whenever the medical treatment is required. and (c) Tertiary intervention includes measures to avoid unnecessary contact with the formal justice system and other measures to prevent re-offending. 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 shall be secured in quarters separate 122 . and notify the child's apprehension. (h) Determine the age of the child pursuant to Section 7 of this Act. or when and where appropriate. The LGUs shall provide community-based services which respond to the special needs. if appropriate. . 21. problems. neglected or abused by his parents. a barangay official or a member of the Barangay Council for the Protection of Children (BCPC). educational institutions and government agencies involved in delinquency prevention to participate in the planning process and implementation of juvenile intervention programs. youth organizations and other concerned agencies. 19. the DSWD. (b) Secondary intervention includes measures to assist children at risk. or in the absence thereof. school. which tackle perceived root causes of offending. 20. (f) Refrain from subjecting the child in conflict with the law to greater restraint than is necessary for his/her apprehension. 603. weapon. Community-based Programs on Juvenile Justice and Welfare. The examination results shall be kept confidential unless otherwise ordered by the Family Court. guardians or nearest relatives cannot be located. Results of the assessment shall be submitted by the provincial and city governments to the JJWC not later than March 30 of every year.Community-based programs on juvenile justice and welfare shall be instituted by the LGUs through the LCPC. . SEC. (g) Avoid violence or unnecessary force. the law enforcement officer shall: (a) Explain to the child in simple language and in a dialect that he/she can understand why he/she is being placed under custody and the offense that he/she allegedly committed. .known as "The Child and Youth Welfare Code". shall call on all sectors concerned. particularly the childfocused institutions. (e) Avoid displaying or using any firearm. 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. The implementation of the comprehensive juvenile intervention program shall be reviewed and assessed annually by the LGUs in coordination with the LCPC. the child may be released to any of the following: a duly registered nongovernmental or religious organization. If the parents. unless absolutely necessary and only after all other methods of control have been exhausted and have failed. the child's nearest relative. people's organizations. Children Below the Age of Criminal Responsibility. interests and concerns of children and which offer appropriate counseling and guidance to them and their families. diversion from the criminal justice system. and reparation. 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. in coordination with the LCPC. otherwise . Procedure for Taking the Child into Custody. (e) Properly identify himself/herself and present proper identification to the child. NGOs. turn over custody of the child to the Social Welfare and Development Office or other accredited NGOs. TITLE IV TREATMENT OF CHILDREN BELOW THE AGE OF CRIMINAL RESPONSIBILITY SEC. a local social welfare and development officer. (b) Inform the child of the reason for such custody and advise the child of his/her constitutional rights in a language or dialect understood by him/her. or if they refuse to take custody. If the child referred to herein has been found by the Local Social Welfare and Development Office to be abandoned. The social welfare and development officer shall explain to the child and the child's parents/guardians the consequences of the child's act with a view towards counseling and rehabilitation. handcuffs or other instruments of force or restraint. Such programs shall be implemented consistent with the national program formulated and designed by the JJWC. The LGUs. These programs shall consist of three levels: (a) Primary intervention includes general measures to promote social justice and equal opportunity. (j) Take the child immediately to the proper medical and health officer for a thorough physical and mental examination.

(l) Record the following in the initial investigation: 1. System of Diversion. . That the parents or guardian of a child. . SEC. In the absence of the child's parents. the reason for such. The acceptance shall be in writing and signed by the parties concerned and the appropriate authorities. 2. The taking of the statement of the child shall be conducted in the presence of the following: (1) child's counsel of choice or in the absence thereof. in coordination with the BCPC. determine where the case involving the child in conflict with the law should be referred. . family conferencing and conciliation and. the local social worker conducting the same may do either of the following: (a) Proceed in accordance with Section 20 if the child is fifteen (15) years or below or above fifteen (15) but below eighteen (18) years old.CRIMINAL LAW REVIEWER from that of the opposite sex and adult offenders. Conferencing. CHAPTER 2 DIVERSION SEC. The local social welfare and development officer shall supervise the implementation of the diversion program. guardian. the DSWD. the investigation shall be conducted in the presence of a representative of an NGO. mediation or conciliation. Such admission shall not be used against the child in any subsequent judicial. 24. The period of prescription of the offense shall be suspended until the completion of the diversion proceedings but not to exceed fortyfive (45) days. The diversion program shall be effective and binding if accepted by the parties concerned. guardian. or member of the BCPC.A child in conflict with law may undergo conferencing. the local social welfare and development officer shall meet with the child and his/her parents or guardians for the development of the appropriate diversion and rehabilitation program. 25. Duties During Initial Investigation. Whether handcuffs or other instruments of restraint were used. 26. The diversion proceedings shall be completed within forty-five (45) days. (b) In victimless crimes where the imposable penalty is not more than six (6) years imprisonment. where appropriate. quasi-judicial or administrative proceedings. SEC. A contract of diversion may be entered into during such conferencing. (2) the child's parents. After the initial investigation. diversion measures may be resorted to only by the court. and (3) the local social welfare and development officer. and 3. . and (m) Ensure that all statements signed by the child during investigation shall be witnessed by the child's parents or guardian.Diversion may be conducted at the Katarungang Pambarangay. SEC. or legal counsel in attendance who shall affix his/her signature to the said statement. who acted without discernment. and the PA0 have been informed of the apprehension and the details thereof.If during the conferencing. a diversion program shall be developed when appropriate and desirable as determined under Section 30. social worker. The exhaustion of measures to determine the age of a child and the precise details of the physical and medical examination or the failure to submit a child to such examination. or nearest relative. The child and his/her family shall be present in these activities. religious group.The law enforcement officer shall. the police investigation or the inquest or preliminary investigation stage and at all 1evels and phases of the proceedings including judicial level. (c) Where the imposable penalty for the crime committed exceeds six (6) years imprisonment. or nearest relative. and if so. The child shall present himself/herself to the competent authorities that imposed the diversion 123 . . Contract of Diversion. 22. mediation or conciliation outside the criminal justice system or prior to his entry into said system. mediation or conciliation proceedings. 23.Children in conflict with the law shall undergo diversion programs without undergoing court proceedings subject to the conditions herein provided: (a) Where the imposable penalty for the crime committee is not more than six (6) years imprisonment. A child in conflict with the law shall only be searched by a law enforcement officer of the same gender and shall not be locked up in a detention cell. and (b) If the child is above fifteen (15) years old but below eighteen (18) and who acted with discernment. and the local social welfare and development officer. the law enforcement officer or Punong Barangay with the assistance of the local social welfare and development officer or other members of the LCPC shall conduct mediation. a lawyer from the Public Attorney's Office. Mediation and Conciliation. as the case may be. Stages Where Diversion May be Conducted. the child voluntarily admits the commission of the act. proceed to diversion under the following chapter. SEC. adopt indigenous modes of conflict resolution in accordance with the best interest of the child with a view to accomplishing the objectives of restorative justice and the formulation of a diversion program. in his/her investigation.

CRIMINAL LAW REVIEWER program at least once a month for reporting and evaluation of the effectiveness of the program. (2) Reparation of the damage caused. (3) Indemnification for consequential damages.In determining whether diversion is appropriate and desirable. (b) At the level of the law enforcement officer and the prosecutor: (1) Diversion programs specified under paragraphs (a)(1) to (a)(9) herein. including community service. the case shall be filed according to the regular process. or (9) Participation in education.If the offense does not fall under Section 23(a) and (b). the following factors shall be taken into consideration: (a) The nature and circumstances of the offense charged. Kinds of Diversion Programs. SEC. 31. and (h) The best interest of the child. The period of prescription of the offense shall be suspended during the effectivity of the diversion program. or if the child. 28. the individual characteristics and the peculiar circumstances of the child in conflict with the law shall be used to formulate an individualized treatment. (5) Care. intelligence. forward the records of the case of the child to the law enforcement officer. or (5) Institutional care and custody. prosecutor or the appropriate court. SEC. but not limited to: (a) At the level of the Punong Barangay: (1) Restitution of property. SEC. (8) Participation in available community-based programs. as the case may be. In formulating a diversion program. his/her parents or guardian does not consent to a diversion. etc.The diversion program shall include adequate sociocultural and psychological responses and services for the child. At the different stages where diversion may be resorted to. (iii) values formation. the Women and Children Protection Desk of the PNP. . (e) The reparation of injury to the victim. (c) The victim's view about the propriety of the measures to be imposed. Duty of the Law Enforcement Officer When There is No Diversion. or if the child.). 27. SEC. (f) The weight of the evidence against the child. The following factors shall be considered in formulating a diversion program for the child: (a) The child's feelings of remorse for the offense he/she committed. (c) At the level of the appropriate court: (1) Diversion programs specified under paragraphs(a)and (b) above. (b) The parents' or legal guardians' ability to guide and supervise the child. such as. 29. . and (iv) other skills which will aid the child in dealing with situations which can lead to repetition of the offense.If the offense does not fall under Section 23(a) and (b). vocation and life skills programs. (3) Fine: (4) Payment of the cost of the proceedings. (g) The safety of the community. (c) The circumstances of the child (e. certifying to the fact that no agreement has been reached by the parties. Duty of the Punong Barangay When There is No Diversion. (ii) problem solving and/or conflict resolution skills. (d) The influence of the family and environment on the growth of the child. (4) Written or oral apology. seminars and lectures on: (i) anger management skills. CHAPTER 3 PROSECUTION 124 . SEC. 30. Upon the issuance of the corresponding document. the Punong Barangay handling the case shall. maturity. and (2) Confiscation and forfeiture of the proceeds or instruments of the crime. The document transmitting said records shall display the word "CHILD" in bold letters. but not exceeding a period of two (2) years. guidance and supervision orders. his/her parents or guardian does not consent to a diversion. (6) Counseling for the child in conflict with the law and the child's family. or other law enforcement officer handling the case of the child under custody. shall give the offended party the option to institute the appropriate legal action. (2) Written or oral reprimand or citation. Formulation of the Diversion Program. within three (3) days from determination of the absence of jurisdiction over the case or termination of the diversion proceedings. (7)Attendance in trainings. age. Factors in Determining Diversion Program. Failure to comply with the terms and conditions of the contract of diversion. as the case may be.g. and (d) The availability of community-based programs for rehabilitation and reintegration of the child. . (b) The frequency and the severity of the act. the following diversion programs may be agreed upon. as certified by the local social welfare and development officer. . to the prosecutor or judge concerned for the conduct of inquest and/or preliminary investigation to determine whether or not the child should remain under custody and correspondingly charged in court.

intensive care or placement with a family or in an educational setting or home. Upon suspension of sentence and after considering the various chcumstances of the child. . the court shall determine and ascertain any civil liability which may have resulted from the offense committed. preliminary investigation and prosecution of cases involving a child in conflict with the law. 38. SEC. . Release on Recognizance. the prosecutor shall notify the Public Attorney's Office of such service. however. and (c) when considering the assessment and recommendation of the social worker. detention pending trial may be replaced by alternative measures. SEC. Detention of the Child Pending Trial. SEC. regardless of the fine or fine alone regardless of the amount. Whenever detention is necessary. the court shall determine whether or not diversion is appropriate. If there is an allegation of torture or ill-treatment of a child in conflict with the law during arrest or detention.Upon the recommendation of the social worker who has custody of the child. Children detained pending trial may be released on bail or recognizance as provided for under Sections 34 and 35 under this Act.For purposes of recommending the amount of bail. The court shall not order the detention of a child in a jail pending trial or hearing of his/her case.Where the maximum penalty imposed by law for the offense with which the child in conflict with the law is charged is imprisonment of not more than twelve (12) years. as well as the personal information. which shall be enforced in accordance with law. 33. In all other cases and whenever possible. a child will always be detained in youth detention homes established by local governments. 36. Diversion Measures. city or municipality within the jurisdiction of the court. In the absence of a youth detention home. pursuant to Section 8 of the Family Courts Act. the information against the child shall be filed before the Family Court within forty-five (45) days from the start of the preliminary investigation. SEC. the prosecutor determines that diversion is not appropriate for the child in conflict with the law. the privileged mitigating circumstance of minority shall be considered.Where a child is detained. without need of application: Provided. the court shall impose the appropriate disposition measures as provided in the Supreme Court Rule on Juveniles in Conflict with the Law.CRIMINAL LAW REVIEWER SEC.If the court finds that the objective of the disposition measures imposed upon the child in conflict with the law have not been fulfilled. or (c) the transfer of the minor to a youth detention home/youth rehabilitation center. Preliminary Investigation and Filing of Information. or if the child in conflict with the law has willfully failed to comply with the conditions of his/her disposition or rehabilitation program. the court shall determine whether to discharge the child in accordance with this Act. 37. Automatic Suspension of Sentence.The prosecutor shall conduct a preliminary investigation in the following instances: (a) when the child in conflict with the law does not qualify for diversion: (b) when the child. Return of the Child in Conflict with the Law to Court. . Upon determination of probable cause by the prosecutor. his/her parents or guardian does not agree to diversion as specified in Sections 27 and 28. the court shall place the child in conflict with the law under suspended sentence. CHAPTER 4 COURT PROCEEDINGS SEC. 32. . instead of pronouncing the judgment of conviction. Institutionalization or detention of the child pending trial shall be used only as a measure of last resort and for the shortest possible period of time. That suspension of sentence shall still be applied even if the juvenile is already eighteen years (18) of age or more at the time of the pronouncement of his/her guilt. .There shall be a specially trained prosecutor to conduct inquest. and before arraignment of the child in conflict with the law. the child in conflict with the law may be committed to the care of the DSWD or a local rehabilitation center recognized by the government in the province. If said child in conflict with the law has reached eighteen (18) years of age while under suspended sentence. Duty of the Prosecutor's Office. it shall be the duty of the prosecutor to investigate the same. in the city or municipality where the child resides. and place of detention of the child in conflict with the law. 40.Once the child who is under eighteen (18) years of age at the time of the commission of the offense is found guilty of the offense charged. The discharge of the child in conflict with the law shall not affect the civil liability resulting from the commission of the offense. to 125 . SEC. such as close supervision. SEC. 39. Bail. However. (b) the release of the child in conflict with the law on bail. . 35. and shall order the final discharge of the child if it finds that the objective of the disposition measures have been fulfilled. SEC. the child in conflict with the law shall be brought before the court for execution of judgment. Upon serving the subpoena and the affidavit of complaint. the court shall dismiss the case against the child whose sentence has been suspended and against whom disposition measures have been issued. 34. the court shall order: (a) the release of the minor on recognizance to his/her parents and other suitable person. . The center or agency concerned shall be responsible for the child's appearance in court whenever required. . Discharge of the Child in Conflict with the Law.

Establishment of Youth Detention Homes. 45. . . it shall be mandatory that children shall be separated from adults unless they are members of the same family. training or confinement area of children in conflict with the law shall provide a home environment where children in conflict with the law can be provided with quality counseling and treatment. to be guilty of perjury or of concealment or misrepresentation by reason of his/her failure to acknowledge the case or recite any fact related thereto in response to any inquiry made to him/her for any purpose.CRIMINAL LAW REVIEWER order execution of sentence. is hereby amended accordingly. Section 4 of Presidential Decree No. except to determine if the child in conflict with the law may have his/hes sentence suspended or if he/she may be granted probation under the Probation Law. 49. Care and Maintenance of the Child in Conflict with the Law.All records and proceedings involving children in conflict with the law from initial contact until final disposition of the case shall be considered privileged and confidential. 47. . 43. except when beneficial for the offender and upon his/her written consent. or to extend the suspended sentence for a certain specified period or until the child reaches the maximum age of twentyone (21) years. Chartered cities shall pay two-thirds (2/3) of said expenses. Youth detention homes may also be established by private and NGOs licensed and accredited by the DSWD. . or to enforce the civil liability imposed in the criminal action.Female children in conflict with the law placed in an institution shall be given special attention as to their personal needs and problems. The details of this order shall be immediately entered in a register exclusively for children in conflict with the law.No child shall be received in any rehabilitation or training facility without a valid order issued by the court after a hearing for the purpose. part of the internal revenue allotments applicable to the unpaid portion shall be withheld and applied to the settlement of said obligations: Provided.The objective of rehabilitation and reintegration of children in conflict with the law is to provide them with interventions. Court Order Required. and shall be accommodated separately from male children in conflict with the law. may require the city/municipality where the child in conflict with the law resides to shoulder the cost. Separate Facilities from Adults. 41. For this purpose. Gender-Sensitivity Training. Credit in Service of Sentence. 126 . maintaining a separate police blotter for cases involving children in conflict with the law and adopting a system of coding to conceal material information which will lead to the child's identity. . and in case a chartered city cannot pay said expenses. . SEC. The rehabilitation. A person who has been in conflict with the law as a child shall not be held under any provision of law. SEC. 50.No personnel of rehabilitation and training facilities shall handle children in conflict with the law without having undergone gender sensitivity training. . 44. in consultation with the JJWC.In all rehabilitation or training facilities. The component authorities shall undertake all measures to protect this confidentiality of proceedings. 46. 42. SEC. after it shall have convicted and sentenced a child in conflict with the law. . Probation as an Alternative to Imprisonment. the province to which the municipality belongs shall pay one-third (1/3) and the remaining one-third (1/3) shall be borne by the national government. SEC. SEC. The public shall be excluded during the proceedings and the records shall not be disclosed directly or indirectly to anyone by any of the parties or the participants in the proceedings for any purpose whatsoever. the court. place the child on probation in lieu of service of his/her sentence taking into account the best interest of the child. TITLE VI REHABILITATION AND REINTEGRATION SEC. upon its determination. SEC. correction officers and social workers. the municipality where the offense was committed shall pay one-third (1/3) of said expenses or part thereof. Female Children. otherwise known as the "Probation Law of 1976". approaches and strategies that will enable them to improve their social functioning with the end goal of reintegration to their families and as productive members of their communities.The court may. Confedentiality of Records and Proceedings. Objective of Rehabilitation and Reintegration. 968. That in case his/her parents or those persons liable to support him/her cannot pay all or part of said expenses. SEC. . They shall be handled by female doctors. CHAPTER 5 CONFIDENTIALITY OF RECORDS AND PROCEEDINGS SEC.The LGUs shall set aside an amount to build youth detention homes as mandated by the Family Courts Act.The child in conflict with the law shall be credited in the services of his/her sentence with the full time spent in actual commitment and detention under this Act. Under no other circumstance shall a child in conflict with the law be placed in the same confinement as adults.The expenses for the care and maintenance of a child in conflict with the law under institutional care shall be borne by his/her parents or those persons liable to support him/her: Provided. and upon application at any time. including non-disclosure of records to the media. further. That in the event that the child in conflict with the law is not a resident of the municipality/city where the offense was committed. . Records of a child in conflict with the law shall not be used in subsequent proceedings for cases involving the same offender as an adult. SEC. 48. No child shall be admitted in any facility where there is no such register.

the family of the child in conflict with the law shall endeavor to actively participate in the community-based rehabilitation. . In accordance therewith. Offenses Not Applicable to Children. Confinement of Convicted Children in Agricultural Camps and other Training Facilities. The DSWD shall establish youth rehabilitation centers in each region of the country. SEC. whose sentences are suspended may. he/she shall be released to parents. (2) Socio-cultural and recreational activities. Rehabilitation of Children in Conflict with the Law. Every LGU shall establish community-based programs that will focus on the rehabilitation and reintegration of the child.A child in conflict with the law may. 51. .CRIMINAL LAW REVIEWER All city and provincial governments must exert effort for the immediate establishment of local detention homes for children in conflict with the law. (8) Spiritual enrichment. . SEC. but not limited to: (1) Competency and life skills development. (3) Community volunteer projects. Based on the progress of the youth in the center. Status Offenees.Children in conflict with the law whose cases have been dismissed by the proper court because of good behavior as per recommendation of the DSWD social worker and/or any accredited NGO youth rehabilitation center shall be provided after-care services by the local social welfare and development officer for a period of at least six (6) months. and (9) Community and family welfare services. in an agricultural camp and other training facilities that may be established. maintained. 56. (6) Homelife services. TITLE VII GENERAL PROVISIONS CHAPTER 1 EXEMPTING PROVISIONS SEC. SEC. SEC. . in lieu of confinement in a regular penal institution. A quarterly report shall be submitted by the center to the proper court on the progress of the children in conflict with the law. The service includes counseling and other community-based services designed to facilitate social reintegration. Persons below eighteen (18) years of age shall be exempt from prosecution for the crime of vagrancy and prostitution under Section 202 of the Revised 127 . Based on the progress of the youth in the community.The youth rehabilitation center shall provide 24-hour group care. supervised and controlled by the BUCOR. All programs shall meet the criteria to be established by the JJWC which shall take into account the purpose of the program. (b) Prevent separation of the child in conflict with the law from his/her parents/guardians to maintain the support system fostered by their relationship and to create greater awareness of their mutual and reciprocal responsibilities. 55. SEC. the need for the consent of the child and his/her parents or legal guardians.The objectives of community-based programs are as follows: (a) Prevent disruption in the education or means of livelihood of the child in conflict with the law in case he/she is studying. be made to serve his/her sentence. SEC. which shall include. SEC. Criteria of Community-Based Programs. after conviction and upon order of the court. . 52. Objectives of Community Based Programs. and the participation of the child-centered agencies whether public or private. (7) Health services. Under the supervision and guidance of the local social welfare and development officer. prevent re-offending and make the children productive members of the community. Youth Rehabilitation Center. . If the community-based programs are provided as diversion measures under Chapter II. 57. (5) Social services. and (d) Minimize the stigma that attaches to the child in conflict with the law by preventing jail detention. treatment and rehabilitation services under the guidance of a trained staff where residents are cared for under a structured therapeutic environment with the end view of reintegrating them in their families and communities as socially functioning individuals. a final report will be forwarded to the court for final disposition of the case. the programs enumerated above shall be made available to the child in conflict with the law. (4) Leadership training. undergo any or a combination of disposition measures best suited to the rehabilitation and welfare of the child as provided in the Supreme Court Rule on Juveniles in Conflict with the Law. upon order of the court. and in coordination with his/her parents/guardian. a final report will be forwarded by the local social welfare and development officer to the court for final disposition of the case. relatives or any other responsible person in the community. the child in conflict with the law shall participate in community-based programs.Children in conflict with the law. If the community-based rehabilitation is availed of by a child in conflict with the law. working or attending vocational learning institutions. in coordination with the DSWD. 58. Title V. After-Care Support Services for Children in Conflict with the Law. 53. . guardians.Any conduct not considered an offense or not penalized if committed by an adult shall not be considered an offense and shall not be punished if committed by a child. 54. (c) Facilitate the rehabilitation and mainstreaming of the child in conflict with the law and encourage community support and involvement.

00) or suffer imprisonment of not less than eight (8) years but not more than ten (10) years. Likewise. 66. as the case may be. If the offender is a public officer or employee.In the conduct of the proceedings beginning from the initial contact with the child. .00) for the purpose of setting up the JJWC shall be taken from the proceeds of the Philippine Charity Sweepstakes Office. . or both such fine and imprisonment at the discretion of the court. spiritual. 65. unless it is contrary to the best interest of the child. coercive and punitive measures such as cursing. (b) Employment of abusive. . 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. . humiliate. Exemption from the Application of Death Penalty. . 59. pouring irritating. an inventory of all children in conflict with the law under their custody. 64. Inventory of "Locked-up" and Detained Children in Conflict with the Law. moral and physical health and wellbeing of the child in conflict with the law and therefore. or forcing him/her to walk around the community wearing signs which embarrass. Children in Conflict with the Law Fifteen (15) Years Old and Below. SEC. beating. Violation of the Provisions of this Act or Rules or Regulations in General.If the child is detained pending trial. Children Who Reach the Age of Eighteen (18) Years Pending Diversion and Court Proceedings. Those with suspended sentences and undergoing rehabilitation at the youth rehabilitation center shall likewise be released.000. shall determine whether to release the child to the custody of his/her parents. upon conviction for each act or omission. That said persons shall undergo appropriate counseling and treatment program. 62. . 1619. prostitutes or attaching to them in any manner any other derogatory names.CRIMINAL LAW REVIEWER Penal Code. Appropriations. such prosecution being inconsistent with the United Nations Convention on the Rights of the Child: Provided. In case the appropriate 128 . SEC. Other Prohibited Acts. determine appropriate alternatives for detention. TITLE VIII TRANSITORY PROVISIONS SEC. or refer the child to prevention programs as provided under this Act. .000. upon thorough assessment of the child. An initial amount of Fifty million pesos (P50. Such officer. no death penalty shall be imposed upon children in conflict with the law. emotional. the BJMP and the BUCOR are hereby directed to submit to the JJWC. 1563. he/she shall. and sniffing of rugby under Presidential Decree No. corrosive or harmful substances over the body of the child in conflict with the law. the appropriate diversion authority in consultation with the local social welfare and development officer or the Family Court in consultation with the Social Services and Counseling Division (SSCD) of the Supreme Court. of mendicancy under Presidential Decree No.The following and any other similar acts shall be considered prejudicial and detrimental to the psychological. unless a higher penalty is provided for in the Revised Penal Code or special laws. stripping. otherwise known as the Comprehensive Dangerous Drugs Act of 2002. be held administratively liable and shall suffer the penalty of perpetual absolute disqualification. . Republic Act No.The provisions of the Revised Penal Code. CHAPTER 4 APPROPRIATION PROVISION SEC. and (d) Compelling the child to perform involuntary servitude in any and all forms under any and all instances. no discriminatory remarks and practices shall be allowed particularly with respect to the child's class or ethnic origin. If detention is necessary and he/she is detained with adults. SEC. within ninety (90) days from the effectivity of this Act. 9165. 60. juvenile delinquents. CHAPTER 3 PENAL PROVISION SEC.000. 63.The amount necessary to carry out the initial implementation of this Act shall be charged to the Office of the President. . such sums as may be necessary for the continued implementation of this Act shall be included in the succeeding General Appropriations Act.00) but not more than Fifty thousand pesos (P50. Children Detained Pending Dial. shall determine the appropriate disposition.If a child reaches the age of eighteen (18) years pending diversion and court proceedings. SEC. (c) Employment of degrading. the court shall immediately order the transfer of the child to a youth detention home. in addition to such fine and/or imprisonment. SEC. and degrade his/her personality and dignity.The PNP. if not. be punished by a fine of not less than Twenty thousand pesos (P20. inhuman end cruel forms of punishment such as shaving the heads. the Family Court shall also determine whether or not continued detention is necessary and.Upon effectivity of this Act. the competent authorities must refrain from branding or labeling children as young criminals. social. 61. 67. Prohibition Against Labeling and Shaming. prohibited: (a) Employment of threats of whatever kind and nature. as amended.000. and other special laws notwithstanding. CHAPTER 2 PROHIBITED ACTS SEC.Any person who violates any provision of this Act or any rule or regulation promulgated in accordance thereof shall. and solitary confinement. Thereafter.

71. decrees. . . from the harmful effects of dangerous drugs on their physical and mental well-being. Toward this end.This Act shall take effect after fifteen (15) days from its publication in at least two (2) national newspapers of general circulation. Separability Clause.Any of the treatment and rehabilitation centers for drug dependents referred to in Section 34. or of committing any act of indispensable assistance to a person in administering a dangerous drug to himself/herself unless administered by a duly licensed practitioner for purposes of medication. OTHERWISE KNOWN AS THE DANGEROUS DRUGS ACT OF 1972. the child may apply for probation if qualified under the provisions of the Probation Law. – It is the policy of the State to safeguard the integrity of its territory and the well-being of its citizenry particularly the youth. . SEC. – Any act of introducing any dangerous drug into the body of any person. They shall be immediately released if they are so qualified under this Act or other applicable law. and unless the child in conflict the law has already availed of probation under Presidential Decree No.CRIMINAL LAW REVIEWER court executes the judgment of conviction. the government shall pursue an intensive and unrelenting campaign against the trafficking and use of dangerous drugs and other similar substances through an integrated system of planning. implementation and enforcement of antidrug abuse policies. . 2002 AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002. 129 . They shall be entitled to appropriate dispositions provided under this Act and their sentences shall be adjusted accordingly. and to defend the same against acts or omissions detrimental to their development and preservation. AS AMENDED. for any reason. As used in this Act. Short Title. Section 2. and who were below the age of eighteen (18) years at the time the commission of the offense for which they were convicted and are serving sentence.Persons who have been convicted and are serving sentence at the time of the effectivity of this Act. AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress Section 1. 69. Article VIII of this Act. the following terms shall mean: (a) Administer. it being one of today's more serious social ills. (c) Centers. PROVIDING FUNDS THEREFOR. 68. Repealing Clause. .If.All existing laws. Article IX of this Act. rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly. shall likewise benefit from the retroactive application of this Act. any section or provision of this Act is declared unconstitutional or invalid by the Supreme Court. 9165 June 7. ARTICLE I Definition of terms Section 3. which include the use of dangerous drugs.The JJWC shall issue the IRRs for the implementation of the provisions of this act within ninety (90) days from the effectivity thereof. inhalation. orders. The government shall however aim to achieve a balance in the national drug control program so that people with legitimate medical needs are not prevented from being treated with adequate amounts of appropriate medications. REPEALING REPUBLIC ACT NO. by injection. and projects. with or without his/her knowledge. . – This Act shall be known and cited as the "Comprehensive Dangerous Drugs Act of 2002". Rule Making Power. SEC. It is further declared the policy of the State to provide effective mechanisms or measures to reintegrate into society individuals who have fallen victims to drug abuse or dangerous drug dependence through sustainable programs of treatment and rehabilitation. . Definitions. SEC. 72. Children Who Have Been Convicted and are Serving Sentence. programs. Effectivity. In view of the foregoing. 6425. 70.Refers to the Dangerous Drugs Board under Section 77. TITLE IX FINAL PROVISIONS SEC. REPUBLIC ACT NO. ingestion or other means. (b) Board. Declaration of Policy. 603 or other similar laws. SEC. the State needs to enhance further the efficacy of the law against dangerous drugs. the other sections or provisions hereof not dfected by such declaration shall remain in force and effect.

(g) Controlled Delivery. intransit. distribution. – The investigative technique of allowing an unlawful or suspect consignment of any dangerous drug and/or controlled precursor and essential chemical. genus. or labeling or relabeling of its container. churrus and ganjab. delivery. and shall include any packaging or repackaging of such substances. delivered. (m) Dispense. use of front companies or mail fraud. through or out of the country under the supervision of an authorized officer. (w) Methylenedioxymethamphetamine (MDMA) or commonly known as "Ecstasy". – Any facility used for the illegal manufacture of any dangerous drug and/or controlled precursor and essential chemical. termination. and by any means. exportation and possession of any dangerous drug and/or controlled precursor and essential chemical. (k) Deliver. – Any act of giving away. and in the Schedules annexed to the 1971 Single Convention on Psychotropic Substances as enumerated in the attached annex which is an integral part of this Act. 130 . destruction of documents. which is an integral part of this Act. preparative/purifying equipment. tool or equipment with a different chemical or physical principle that is more specific which will validate and confirm the result of the screening test. or specie of the plant Cannabis sativa L. gas generator. a strong desire or a sense of compulsion to take the substance and the difficulties in controlling substance-taking behavior in terms of its onset. employed by the maintainer. as amended by the 1972 Protocol. (u) Manufacture. – Any organized group of two (2) or more persons forming or joining together with the intention of committing any offense prescribed under this Act. and embraces every kind. (n) Drug Dependence. or any part or portion of the plant and seeds thereof. raising. Dive or Resort. (f) Confirmatory Test. growing or raising of any plant which is the source of a dangerous drug. or to facilitate prosecution of that offense. distributed. fraudulent use of permits. preparation. culture. – Include those listed in the Schedules annexed to the 1961 Single Convention on Narcotic Drugs. – As based on the World Health Organization definition. – The illegal cultivation. (i) Cultivate or Culture. – Include those listed in Tables I and II of the 1988 UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances as enumerated in the attached annex. class and character of marijuana. apparatus. administration. dive or resort. resin. (l) Den. and all its geographic varieties. it is a cluster of physiological. relabeling or concealment of such transaction through fraud. whether as a reefer. packaging or labeling of a drug or other substances by a duly authorized practitioner as an incident to his/her administration or dispensation of such drug or substance in the course of his/her professional practice including research. – Any thing that is used in or intended to be used in any manner in the commission of illegal drug trafficking or related offenses. (v) Cannabis or commonly known as "Marijuana" or "Indian Hemp" or by its any other name. (t) Laboratory Equipment. in connection with the operation thereof. Cannabis americana. distributed. (h) Controlled Precursors and Essential Chemicals. or underwrites any of the illegal activities prescribed under this Act. – The paraphernalia. with or without consideration. materials or appliances when used. such as reaction vessel. (o) Drug Syndicate. design or configuration of its form. sold or used. compounding. growing. manufacture. – A place where any dangerous drug and/or controlled precursor and essential chemical is administered. and other persons working in the den. (s) Instrument. stored for illegal purposes. or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis. behavioral and cognitive phenomena of variable intensity. – An analytical test using a device. fermentors. raises or supplies money for. misdeclaration. dispensation. (r) Illegal Trafficking. to pass into. extract. – Refers to the drug having such chemical composition. personally or otherwise. selling or distributing medicine or any dangerous drug with or without the use of prescription. – Embraces every kind. with or without compensation. including any of its isomers or derivatives in any form. – The production. or permitting the planting. – Any act of knowingly planting. trading. Dive or Resort. or by its any other name. guaza.CRIMINAL LAW REVIEWER (d) Chemical Diversion. repackaging. separatory funnel. owner and/or operator where any dangerous drug and/or controlled precursor and essential chemical is administered. flowering or fruiting tops. lookout. labeling. including. (p) Employee of Den. hashish. manufactured or procured controlled precursors and essential chemicals. (q) Financier. intended for use or designed for use in the manufacture of any dangerous drug and/or controlled precursor and essential chemical. equipment or paraphernalia. but not limited to. whether dried or fresh and flowering. (e) Clandestine Laboratory. transportation. flask. watchman. among others. supply or transport of legitimately imported. in which the use of psychoactive drug takes on a high priority thereby involving. importation. or property believed to be derived directly or indirectly from any offense. teaching and chemical analysis of dangerous drugs or such substances that are not intended for sale or for any other purpose. distribution. – The sale. (j) Dangerous Drugs. tincture or in any form whatsoever. delivered. helper. – Any act of knowingly passing a dangerous drug to another. either directly or indirectly or by extraction from substances of natural origin. heating mantle. – The caretaker. in diluted. to any person or entity engaged in the manufacture of any dangerous drug. – Any person who pays for. except that such terms do not include the preparation. and shall include packaging. bhang. or levels of use. mixtures or in concentrated form. compounding or processing of any dangerous drug and/or controlled precursor and essential chemical. sold or used in any form. with a view to gathering evidence to identify any person involved in any dangerous drugs related offense. class. or their substitute. sale.

The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One hundred thousand pesos (P100. who. partnership. through any overt or covert act. class and character of opium.00) to Five hundred thousand pesos (P500. whatever quantity of any dangerous drug and/or controlled precursor and essential chemical in the person. even for floral. has violated the provisions of this Act in order to prevent the arrest. of consuming. diplomatic facilities or any other means involving his/her official status intended to facilitate the unlawful entry of the same.) and embraces every kind. receiving instructions from teachers. dispenses. (y) Opium. or distributes.000. – Any act of giving away any dangerous drug and/or controlled precursor and essential chemical whether for money or any other consideration.The penalty of life imprisonment to death and a ranging from Five hundred thousand pesos (P500.000. (aa) PDEA.000. midwife.. In addition. (bb) Person. (dd) Practitioner.. opium poppy. either by chewing. leaves or any part thereof. (ff) Pusher.. two-way radios. syndicate. narcotic preparations thereof or therefrom. sniffing. 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. including any of its isomers or derivatives in any form. – Any person who is a licensed physician. Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. placing. house. unless authorized under this Act. – Refers to any part of the plant of the species Papaver somniferum L. (gg) School. administers. (kk) Use.00) shall be imposed upon any person. morphine or any alkaloid of opium.CRIMINAL LAW REVIEWER (x) Methamphetamine Hydrochloride or commonly known as "Shabu". – The willful act by any person of maliciously and surreptitiously inserting. including among others. who organizes. internet. "Ice". swallowing. eating.00) shall be imposed upon any person. The maximum penalty provided for under this Section shall be imposed upon any person. prosecution and conviction of the violator. undertaking educational operation for pupils/students pursuing certain studies at defined levels. trust or estate. ARTICLE II Unlawful Acts and Penalties Section 4. the ashes or refuse of the same. Papaver orientale. unless authorized by law.00) shall be imposed upon any person.00) to Five hundred thousand pesos (P500. The maximum penalty provided for under this Section shall be imposed upon any person. morphine or any alkaloid of opium enters as an ingredient. branches.00) to Ten million pesos (P10. including any and all species of opium poppy or any part thereof or substances derived therefrom even for floral. email. a corporation.000. Papaver setigerum DC. and of the dangerous drugs.000. "Meth". association. shall import any controlled precursor and essential chemical. on any terms whatsoever.000. drinking or otherwise introducing into the physiological system of the body. private or public. opium poppy straw. decorative and culinary purposes. delivers or gives away to another. chemist. shall import or bring into the Philippines any dangerous drug and/or controlled precursor and essential chemical through the use of a diplomatic passport. but not limited to. regardless of the quantity and purity involved. the diplomatic passport shall be confiscated and canceled. – A rapid test performed to establish potential/presumptive positive result. which includes the seeds. usually located in a building or a group of buildings in a particular physical or cyber site. – Any person who sells. joint stock company. or has reasonable grounds to believe on or suspects. shall import or bring into the Philippines any dangerous drug. (jj) Trading. intravenously or intramuscularly. harboring. instant messengers and chat rooms or acting as a broker in any of such transactions whether for money or any other consideration in violation of this Act. effects or in the immediate vicinity of an innocent individual for the purpose of implicating. or by its any other name. straws. – Transactions involving the illegal trafficking of dangerous drugs and/or controlled precursors and essential chemicals using electronic devices such as. or substances derived therefrom. mobile or landlines. in violation of this Act. (ee) Protector/Coddler. screening or facilitating the escape of any person he/she knows. medical technologist. dispatches in transit or transports dangerous drugs or who acts as a broker in any of such transactions. incriminating or imputing the commission of any violation of this Act. – Refers to the Philippine Drug Enforcement Agency under Section 82. whether crude or prepared. 131 . – Any entity. adding or attaching directly or indirectly. – Any educational institution. smoking. (z) Opium Poppy.000. (ii) Sell. unless authorized by law. text messages. Article IX of this Act. trades. – Refers to the drug having such chemical composition. manages or acts as a "financier" of any of the illegal activities prescribed in this Section. veterinarian or pharmacist in the Philippines. – Any act of injecting. and leaves or wrappings of opium leaves. decorative and culinary purposes. who. who. preparations in which opium. natural or juridical. nurse. dentist. – Refers to the coagulated juice of the opium poppy (Papaver somniferum L. whether prepared for use or not. Papaver bracteatum and Papaver rhoeas. joint venture or other unincorporated organization or group capable of acquiring rights or entering into obligations. power or position in shielding. (hh) Screening Test. who acts as a "protector/coddler" of any violator of the provisions under this Section. – Any person who knowingly and willfully consents to the unlawful acts provided for in this Act and uses his/her influence. (cc) Planting of Evidence.

Sale.00) to Ten million pesos (P10. delivery. The maximum penalty provided for under this Section shall be imposed upon any person who organizes. the maximum penalty provided for under this Section shall be imposed.000.000.00) to Fifteen million pesos (P500.The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500. give away to another. The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One hundred thousand pesos (P100. distribute.00) to Ten million pesos (P10. unless authorized by law.00) to Five hundred thousand pesos (P500. Section 7. For drug pushers who use minors or mentally incapacitated individuals as runners. Employees and Visitors of a Den.000. delivered or sold to a minor who is allowed to use the same in such a place. . The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500. who is aware of the nature of the place as such. shall sell. Dispensation.000. That the prosecution shall prove such intent on the part of the owner to use the property for such purpose: Provided. owner and/or operator. That the owner shall be included as an accused in the criminal complaint.000.00) shall be imposed upon any person. dive or resort is owned by a third person. Administration. unless authorized by law. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.000.00) to Five hundred thousand pesos (P500.00) shall be imposed upon any person.000. shall manufacture any controlled precursor and essential chemical.00) to Ten million pesos (P10. the penalty of death and a fine ranging from One million (P1. dive or resort where any dangerous drug is used or sold in any form. dispensation.000. administer. If the victim of the offense is a minor or a mentally incapacitated individual. dispense.000. dispense. If the sale. finally. or shall act as a broker in such transactions. Maintenance of a Den. 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. The maximum penalty provided for under this Section shall be imposed upon any person who organizes. who. unless authorized by law. who acts as a "protector/coddler" of any violator of the provisions under this Section.00) to Five hundred thousand pesos (P500.The penalty of life imprisonment to death and a fine ranging Five hundred thousand pesos (P500. The penalty twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One hundred thousand pesos (P100. shall sell.000.000.000. or should a dangerous drug and/or a controlled precursor and essential chemical involved in any offense herein provided be the proximate cause of death of a victim thereof. further. paragraph. manages or acts as a "financier" of any of the illegal activities prescribed in this Section. dive.00) to Five hundred thousand pesos (P500.000. not being included in the provisions of the next preceding.000. The maximum penalty provided for under this Section shall be imposed in every case where any dangerous drug is administered. dive or resort. 132 . who. who acts as a "protector/coddler" of any violator of the provisions under this Section. deliver. Dive or Resort. That the criminal complaint shall specifically allege that such place is intentionally used in the furtherance of the crime: Provided.000. or in any other capacity directly connected to the dangerous drugs and/or controlled precursors and essential chemical trade. the maximum penalty shall be imposed in every case.000.00) shall be imposed upon any person or group of persons who shall maintain a den.000.000. trade. dispatch in transit or transport any controlled precursor and essential chemical. administer.000.00) shall be imposed upon: (a) Any employee of a den. who. Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. dive or resort. or shall act as a broker in any of such transactions.00) to Five hundred thousand pesos (P500.00) shall be imposed upon any person. is aware of the nature of the place as such and shall knowingly visit the same Section 8.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 (P100.000. Dive or Resort.00) to Five hundred thousand pesos (P500. Trading.00) shall be imposed upon any person or group of persons who shall maintain a den. give away to another. Should any dangerous drug be the proximate cause of the death of a person using the same in such den. trade. .000. 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. couriers and messengers.CRIMINAL LAW REVIEWER Section 5. trading.000. If such den. 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. manages or acts as a "financier" of any of the illegal activities prescribed in this Section. distribute dispatch in transit or transport any dangerous drug. shall engage in the manufacture of any dangerous drug. Section 6. distribution or transportation of any dangerous drug and/or controlled precursor and essential chemical transpires within one hundred (100) meters from the school. unless authorized by law. who. including any and all species of opium poppy regardless of the quantity and purity involved.000.00) shall be imposed upon any person. Delivery. the maximum penalty shall be imposed in every case.00) shall be imposed on the maintainer. deliver. administration. or resort where any controlled precursor and essential chemical is used or sold in any form.00) shall be imposed upon any person. and (b) Any person who.00) shall be imposed upon any person. the same shall be confiscated and escheated in favor of the government: Provided.000. .

marijuana resin or marijuana resin oil.000. manufacture. apparatus and other paraphernalia for dangerous drugs. possess with intent to deliver. The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One hundred thousand pesos (P100. if the quantity involved is less than the foregoing quantities. or manufacture with intent to deliver equipment.00) to Ten million pesos (P10.00) shall be imposed upon any person. lysergic acid diethylamine (LSD). grow.00) shall be imposed upon any person.00) shall be imposed if it will be used to inject.00). 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. who acts as a "protector/coddler" of any violator of the provisions under this Section. compound. church or school premises. if the quantity of methamphetamine hydrochloride or "shabu" is ten (10) grams or more but less than fifty (50) grams. . The maximum penalty provided for under this Section shall be imposed upon any person. Otherwise.000. who.00) shall be imposed upon any person who shall deliver. harvest. instrument. Possession of Dangerous Drugs. or under circumstances where one reasonably should know. who uses a minor or a mentally incapacitated individual to deliver such equipment.000. Instrument.00) to Fifty thousand pesos (P50.00) to Five hundred thousand pesos (P500. (2) Imprisonment of twenty (20) years and one (1) day to life imprisonment and a fine ranging from Four hundred thousand pesos (P400. process. but not limited to. and Other Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. instrument. ingest. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals.00) to Five hundred thousand pesos (P500. repack. methamphetamine hydrochloride or "shabu". (c) Any clandestine laboratory was secured or protected with booby traps. gamma hydroxyamphetamine (GHB). but not limited to. or other dangerous drugs such as. Manufacture or Delivery of Equipment.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. Section 10. 133 . . The maximum penalty provided for under this Section shall be imposed upon any person. or (e) Any employment of a practitioner.000.000. pack. regardless of the degree of purity thereof: (1) 10 grams or more of opium. and those similarly designed or newly introduced drugs and their derivatives. the penalties shall be graduated as follows: (1) Life imprisonment and a fine ranging from Four hundred thousand pesos (P400.000. unless authorized by law.000. as determined and promulgated by the Board in accordance to Section 93.00). shall possess any dangerous drug in the following quantities. unless authorized by law. (6) 10 grams or more of marijuana resin or marijuana resin oil. inhale or otherwise introduce into the human body a dangerous drug in violation of this Act. Section 9. (2) 10 grams or more of morphine. apparatus and other paraphernalia for dangerous drugs. test.000.00) to Five hundred thousand pesos (P500. if the quantities of dangerous drugs are five (5) grams or more but less than ten (10) grams of opium.000.00) to Five hundred thousand pesos (P500. (5) 50 grams or more of methamphetamine hydrochloride or "shabu". public official or foreigner.000. without having any therapeutic value or if the quantity possessed is far beyond therapeutic requirements. morphine. . propagate.000. (3) 10 grams or more of heroin. knowing. paramethoxyamphetamine (PMA).000. Apparatus. (7) 500 grams or more of marijuana. shall illegally divert any controlled precursor and essential chemical.000. manages or acts as a "financier" of any of the illegal activities prescribed in this Section.00) shall be imposed upon any person.000. analyze. heroin.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. Article XI of this Act. business. store. who. chemical engineer.000. MDMA or "ecstasy". methylenedioxymethamphetamine (MDA) or "ecstasy". cultivate. convert. (d) Any clandestine laboratory was concealed with legitimate business operations.CRIMINAL LAW REVIEWER The presence of any controlled precursor and essential chemical or laboratory equipment in the clandestine laboratory is a prima facie proof of manufacture of any dangerous drug. trimethoxyamphetamine (TMA). and (8) 10 grams or more of other dangerous drugs such as. contain or conceal any dangerous drug and/or controlled precursor and essential chemical in violation of this Act. cocaine or cocaine hydrochloride.00) to Five hundred thousand pesos (P500.The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500. produce. Section 11. that it will be used to plant. (4) 10 grams or more of cocaine or cocaine hydrochloride. It shall be considered an aggravating circumstance if the clandestine laboratory is undertaken or established under the following circumstances: (a) Any phase of the manufacturing process was conducted in the presence or with the help of minor/s: (b) Any phase or manufacturing process was established or undertaken within one hundred (100) meters of a residential. who organizes. prepare.

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. . TMA. in which case the provisions stated therein shall apply. or introducing any dangerous drug into the body: Provided. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof.CRIMINAL LAW REVIEWER PMA. subject to the provisions of Article VIII of this Act. That in the case of medical laboratories and medical research centers which cultivate or culture marijuana. – A person apprehended or arrested. experimentation and disposal of such plants and materials.00) to Ten million pesos (P10.00) to Fifty thousand pesos (P50. opium poppy or any other plant regardless of quantity. social gatherings or meetings. unless authorized by law.000. cultivate or culture marijuana. handling. culture. apparatus and other paraphernalia fit or intended for smoking.000. the maximum penalty provided for under this Section shall be imposed upon the offender. or introducing any dangerous drug into the body. during parties. PMA.00). unless the owner thereof can prove lack of knowledge of such cultivation or culture despite the exercise of due diligence on his/her part. LSD. TMA. after a confirmatory test. who organizes.000. Use of Dangerous Drugs. administering. injecting. The land or portions thereof and/or greenhouses on which any of said plants is cultivated or cultured shall be confiscated and escheated in favor of the State. 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. 134 . Instrument. injected.00) shall be imposed upon any person. Possession of Equipment. consuming. 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: Provided.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. shall possess or have under his/her control any equipment. Section 16. Apparatus and Other Paraphernalia for Dangerous Drugs. without having any therapeutic value or if the quantity possessed is far beyond therapeutic requirements.000.00): Provided. or three hundred (300) grams or more but less than five (hundred) 500) grams of marijuana. instrument. . or materials of such dangerous drugs for medical experiments and research purposes.The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500. injecting. who acts as a "protector/coddler" of any violator of the provisions under this Section. .000. who shall plant. the Board shall prescribe the necessary implementing guidelines thereof. or for the creation of new types of medicine. but not limited to. instrument. manages or acts as a "financier" of any of the illegal activities prescribed in this Section.000. Section 15. – Any person found possessing any dangerous drug during a party. Social Gatherings or Meetings. Instrument. and those similarly designed or newly introduced drugs and their derivatives. who shall possess or have under his/her control any equipment.000. methamphetamine hydrochloride or "shabu". The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One hundred thousand pesos (P100.00) to Two hundred thousand pesos (P200. The possession of such equipment. ingested or used a dangerous drug and shall be presumed to have violated Section 15 of this Act. who is found to be positive for use of any dangerous drug. if the quantities of dangerous drugs are less than five (5) grams of opium.000.000. ingesting. and those similarly designed or newly introduced drugs and their derivatives.00) to Four hundred thousand pesos (P400. Possession of Equipment. apparatus and other paraphernalia in the practice of their profession. who. and (3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years and a fine ranging from Three hundred thousand pesos (P300. instrument.00) shall be imposed upon any person.00) to Five hundred thousand pesos (P500. Section 12. without having any therapeutic value or if the quantity possessed is far beyond therapeutic requirements. apparatus and other paraphernalia fit or intended for smoking.00) shall be imposed upon any person. or other dangerous drugs such as. The maximum penalty provided for under this Section shall be imposed upon any person. instrument. consumed. regardless of the quantity and purity of such dangerous drugs. administering. Section 13. If the land involved is part of the public domain. or less than three hundred (300) grams of marijuana. or in the proximate company of at least two (2) persons. administered to himself/herself. consuming. LSD. GHB.000. MDMA or "ecstasy". Apparatus and Other Paraphernalia for Dangerous Drugs During Parties. GHB. heroin. That in the case of medical practitioners and various professionals who are required to carry such equipment. If apprehended using any dangerous drug for the second time. 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. marijuana resin or marijuana resin oil. morphine. or at a social gathering or meeting.The maximum penalty provided for in Section 12 of this Act shall be imposed upon any person. shall suffer the maximum penalties provided for in Section 11 of this Act. ingesting. Section 14. Possession of Dangerous Drugs During Parties. cocaine or cocaine hydrochloride. Social Gatherings or Meetings. opium poppy and other plants.000. or in the proximate company of at least two (2) persons. shall be imposed a penalty of a minimum of six (6) months rehabilitation in a government center for the first offense. the Board shall prescribe the necessary implementing guidelines for the proper cultivation.

During the pendency of the case in the Regional Trial Court. After conviction in the Regional Trial Court in the appropriate criminal case filed. or income derived therefrom.000. Confiscation and Forfeiture of the Proceeds or Instruments of the Unlawful Act. Unnecessary Prescription of Dangerous Drugs. physically inventory and photograph the same in the presence of the accused or the person/s from whom such items were confiscated and/or seized. forfeiture. – The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500. distributor. apparatus and other paraphernalia for dangerous drugs including other laboratory equipment. Unlawful Prescription of Dangerous Drugs. and/or Surrendered Dangerous Drugs.The penalty of imprisonment ranging from one (1) year and one (1) day to six (6) years and a fine ranging from Ten thousand pesos (P10. Section 18. but not limited to. including. alienated or transferred and the same shall be in custodia legis and no bond shall be admitted for the release of the same. in case of a practitioner. or his/her representative or counsel. as well as instruments/paraphernalia and/or laboratory equipment. of all the proceeds and properties derived from the unlawful act. in case of a manufacturer. That if the forfeited property is a vehicle. Controlled Precursors and Essential Chemicals. which may be confiscated and forfeited.00) to Ten million pesos (P10. dealer or retailer. who shall prescribe any dangerous drug to any person whose physical or physiological condition does not require the use or in the dosage prescribed therein. a representative from the media and the Department of Justice (DOJ). Section 20.000.CRIMINAL LAW REVIEWER Section 17. wholesaler. particularly those who are involved in the care of persons with severe pain.00) and the additional penalty of the revocation of his/her license to practice shall be imposed upon the practitioner. Seized. dispensation. and the possession of any equipment. Section 19. controlled precursors and essential chemicals. importer. An additional penalty shall be imposed through the revocation of the license to practice his/her profession. unless authorized by law. importer.000. controlled precursors and essential chemicals. seller. who. Custody and Disposition of Confiscated. in favor of the government. and the instruments or tools with which the particular unlawful act was committed. sale.00) to Five hundred thousand pesos (P500. shall carry with it the confiscation and forfeiture. transportation or manufacture of any dangerous drug and/or controlled precursor and essential chemical. for proper disposition in the following manner: (1) The apprehending team having initial custody and control of the drugs shall. the same shall be 135 . money and other assets obtained thereby. plant sources of dangerous drugs. Including the Properties or Proceeds Derived from the Illegal Trafficking of Dangerous Drugs and/or Precursors and Essential Chemicals. 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 40 of this Act. Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. (2) Within twenty-four (24) hours upon confiscation/seizure of dangerous drugs. The proceeds of any sale or disposition of any property confiscated or forfeited under this Section shall be used to pay all proper expenses incurred in the proceedings for the confiscation. the Court shall immediately schedule a hearing for the confiscation and forfeiture of all the proceeds of the offense and all the assets and properties of the accused either owned or held by him or in the name of some other persons if the same shall be found to be manifestly out of proportion to his/her lawful income: Provided. distributor. but those which are not of lawful commerce shall be ordered destroyed without delay pursuant to the provisions of Section 21 of this Act. immediately after seizure and confiscation. delivery. Instruments/Paraphernalia and/or Laboratory Equipment. Plant Sources of Dangerous Drugs. as well as expenses for publication and court costs. – The PDEA shall take charge and have custody of all dangerous drugs. no property.000. Section 21. the cultivation or culture of plants which are sources of dangerous drugs. as well as instruments/paraphernalia and/or laboratory equipment so confiscated. The proceeds in excess of the above expenses shall accrue to the Board to be used in its campaign against illegal drugs. however. as determined by the Board in consultation with recognized competent experts who are authorized representatives of professional organizations of practitioners. – Every penalty imposed for the unlawful importation. the same shall be auctioned off not later than five (5) days upon order of confiscation or forfeiture. manufacturer.000. trading. plant sources of dangerous drugs. unless they are the property of a third person not liable for the unlawful act.00) shall be imposed upon any person. seized and/or surrendered.00) to Fifty thousand pesos (P50. custody and maintenance of the property pending disposition. administration.00) shall be imposed upon any practitioner. and any elected public official who shall be required to sign the copies of the inventory and be given a copy thereof. distribution. – 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 (P100.000. or of the business. shall be disposed.000. instrument. . shall make or issue a prescription or any other writing purporting to be a prescription for any dangerous drug.

and through the PDEA shall within twenty-four (24) hours thereafter proceed with the destruction or burning of the same. and (8) Transitory Provision: a) Within twentyfour (24) hours from the effectivity of this Act. as determined by the Board. plant sources of dangerous drugs. (6) The alleged offender or his/her representative or counsel shall be allowed to personally observe all of the above proceedings and his/her presence shall not constitute an admission of guilt. as amended. together with the representative sample/s in the custody of the PDEA. further. Qualifying Aggravating Circumstances in the Commission of a Crime by an Offender Under the Influence of Dangerous Drugs. the Court shall. That a final certification shall be issued on the completed forensic laboratory examination on the same within the next twenty-four (24) hours. Section 24. DOJ. a representative from the media and the DOJ. – The Board shall recommend to the concerned government agency the grant of compensation. That a representative sample. Non-Applicability of the Probation Law for Drug Traffickers and Pushers. – Notwithstanding the provisions of any law to the contrary. Plea-Bargaining Provision. or his/her representative or counsel. shall request the court for leave to turn over the said representative sample/s to the PDEA for proper disposition and destruction within twenty-four (24) hours from receipt of the same. in turn. the custody. shall be issued within twentyfour (24) hours after the receipt of the subject item/s: Provided. – Any person convicted for drug trafficking or pushing under this Act. Grant of Compensation.CRIMINAL LAW REVIEWER submitted to the PDEA Forensic Laboratory for a qualitative and quantitative examination. a partial laboratory examination report shall be provisionally issued stating therein the quantities of dangerous drugs still to be examined by the forensic laboratory: Provided. Section 26. the Secretary of Justice shall appoint a member of the public attorney's office to represent the former. conduct an ocular inspection of the confiscated. disposition. Department of Health (DOH) and the accused/and or his/her counsel. regardless of the penalty imposed by the Court. – Any attempt or conspiracy to commit the following unlawful acts 136 . (5) The Board shall then issue a sworn certification as to the fact of destruction or burning of the subject item/s which. civil society groups and any elected public official. the trial prosecutor shall inform the Board of the final termination of the case and. with leave of court. seized and/or surrendered dangerous drugs. however. Section 23. seizure or surrender of dangerous drugs. duly weighed and recorded is retained. – Any person charged under any provision of this Act regardless of the imposable penalty shall not be allowed to avail of the provision on plea-bargaining. cannot avail of the privilege granted by the Probation Law or Presidential Decree No. (4) After the filing of the criminal case. Section 22. used or recycled for legitimate purposes: Provided. Attempt or Conspiracy. (3) A certification of the forensic laboratory examination results. 968. and controlled precursors and essential chemicals. a positive finding for the use of dangerous drugs shall be a qualifying aggravating circumstance in the commission of a crime by an offender. and. plant sources of dangerous drugs. which shall be done under oath by the forensic laboratory examiner. That when the volume of the dangerous drugs. within seventy-two (72) hours. including the instruments/paraphernalia and/or laboratory equipment. and controlled precursors and essential chemicals does not allow the completion of testing within the time frame. The Board shall draw up the guidelines on the manner of proper disposition and destruction of such item/s which shall be borne by the offender: Provided. dangerous drugs defined herein which are presently in possession of law enforcement agencies shall. Section 25. Reward and Award. the representative sample/s shall be kept to a minimum quantity as determined by the Board. in the presence of representatives of the Court. In case the said offender or accused refuses or fails to appoint a representative after due notice in writing to the accused or his/her counsel within seventy-two (72) hours before the actual burning or destruction of the evidence in question. reward and award to any person providing information and to law enforcers participating in the operation. That those item/s of lawful commerce. plant sources of dangerous drugs. b) Pending the organization of the PDEA. (7) After the promulgation and judgment in the criminal case wherein the representative sample/s was presented as evidence in court. and burning or destruction of seized/surrendered dangerous drugs provided under this Section shall be implemented by the DOH. and controlled precursors and essential chemicals. in the presence of the accused or the person/s from whom such items were confiscated and/or seized. shall be donated. be burned or destroyed. which results in the successful confiscation. shall be submitted to the court having jurisdiction over the case. and the application of the penalty provided for in the Revised Penal Code shall be applicable. In all instances.

6981 or the Witness Protection. – 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. Section 31.00) to Fifty thousand pesos (P50. plant sources of dangerous drugs. (d) Manufacture of any dangerous drug and/or controlled precursor and essential chemical. delivery. Section 28. in addition to absolute perpetual disqualification from any public office. – Notwithstanding the provisions of Section 17. or chemical diversion. seized or surrendered dangerous drugs. any alien who violates such provisions of this Act shall. if those found guilty of such unlawful acts are government officials and employees. instruments/paraphernalia and/or laboratory equipment including the proceeds or properties obtained from the unlawful acts as provided for in this Act. any person who has violated Sections 7. misapplies or fails to account for confiscated. Section 33. shall suffer the penalty of death. estate administrator. association or any juridical entity. director. equipment or other facility. vessel. transportation or manufacture of dangerous drugs. Criminal Liability for Planting of Evidence. dive or resort where any dangerous drug is used in any form. and who willingly testifies against such persons as described above. be deported immediately without further proceedings. Article II of this Act. estate administrator. 14. tolerates or consents to the use of a vehicle. dispensation. Section 29. sale. equipment or other instrument is owned by or under the control or supervision of the partnership. director. Corporations. or any information leading to the whereabouts. Seized and/or Surrendered Dangerous Drugs. Controlled Precursors and Essential Chemicals. Article II of this Act as well as any violation of the offenses mentioned if committed by a drug syndicate. Section 32. – In case any violation of this Act is committed by a partnership. and (e) Cultivation or culture of plants which are sources of dangerous drugs. president. Associations or Other Juridical Entities. 11. 12. controlled precursors and essential chemicals. corporation. Immunity from Prosecution and Punishment.00) shall be imposed upon any person found violating any regulation duly issued by the Board pursuant to this Act. including government-owned or –controlled corporations. and may plead or prove the giving of such information and testimony in bar of such 137 . subdivisions. and 19. in addition to absolute perpetual disqualification from any public office. association or juridical entity to which they are affiliated. or have received any financial or material contributions or donations from natural or juridical persons found guilty of trafficking dangerous drugs as prescribed in this Act. and 16. – Any person who is found guilty of "planting" any dangerous drug and/or controlled precursor and essential chemical. its divisions. aircraft. in addition to the administrative sanctions imposed by the Board. vessel.000. distribution and transportation of any dangerous drug and/or controlled precursor and essential chemical. (b) Sale. 15. who voluntarily gives information about any violation of Sections 4. – The maximum penalties of the unlawful acts provided for in this Act shall be imposed.CRIMINAL LAW REVIEWER 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. manager. 8. 5.000. trustee. or officer who knowingly authorizes.000. – In addition to the penalties prescribed in the unlawful act committed. Plant Sources of Dangerous Drugs. Any elective local or national official found to have benefited from the proceeds of the trafficking of dangerous drugs as prescribed in this Act. (c) Maintenance of a den. aircraft. Security and Benefit Act of 1991. identities and arrest of all or any of the members thereof. after service of sentence. Instruments/Paraphernalia and/or Laboratory Equipment Including the Proceeds or Properties Obtained from the Unlawful Act Committed. The penalty provided for the offense under this Act shall be imposed upon the partner. if such vehicle. shall be imposed upon any public officer or employee who misappropriates. Criminal Liability of a Public Officer or Employee for Misappropriation. Section 30. Criminal Liability of Officers of Partnerships. unless the penalty is death.00) to Ten million pesos (P10. Additional Penalty if Offender is an Alien. trading. shall be removed from office and perpetually disqualified from holding any elective or appointive positions in the government. Rule 119 of the Revised Rules of Criminal Procedure and the provisions of Republic Act No. and intermediaries.000. 10. Criminal Liability of Government Officials and Employees. Liability to a Person Violating Any Regulation Issued by the Board. delivery. as an instrument in the importation. dispensation. shall be exempted from prosecution or punishment for the offense with reference to which his/her information of testimony were given. trading. 6. regardless of quantity and purity.000. distribution. 13. administration. corporation. president.00). or officer who consents to or knowingly tolerates such violation shall be held criminally liable as a co-principal. Misapplication or Failure to Account for the Confiscated. Section 27. the partner. administration. – The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500. manager. trustee.

either as to the person or property of any ward. finally. – No driver's license shall be issued or renewed to any person unless he/she presents a certification that he/she has undergone a mandatory drug test and indicating thereon that he/she is free from the use of dangerous drugs. malicious or made only for the purpose of harassing. 138 . police and other law enforcement agencies. which shall be borne by the employer. and (5) The informant or witness shall strictly and faithfully comply without delay. the rights of parental authority or guardianship. the rights to dispose of such property by any act or any conveyance inter vivos. The following shall be subjected to undergo drug testing: (a) Applicants for driver's license. Any officer or employee found positive for use of dangerous drugs shall be dealt with administratively which shall be a ground for suspension or termination. The drug testing shall employ. – Officers and employees of public and private offices. (2) Such information and testimony are not yet in the possession of the State. 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. two (2) testing methods. the right to vote and be voted for. (c) Students of secondary and tertiary schools. and when lawfully obliged to do so. among others. (4) the informant or witness has not been previously convicted of a crime involving moral turpitude. subject to the provisions of Article 282 of the Labor Code and pertinent provisions of the Civil Service Law. – The immunity granted to the informant or witness.CRIMINAL LAW REVIEWER prosecution: Provided. further. (e) Officers and members of the military. as the case may be. Such rights shall also be suspended during the pendency of an appeal from such conviction. decree or order shall be deemed terminated. molesting or in any way prejudicing the persons described in the preceding Section against whom such information or testimony is directed against. That all drug testing expenses whether in public or private schools under this Section will be borne by the government. ARTICLE III Dangerous Drugs Test and Record Requirements Section 36. 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. That the following conditions concur: (1) The information and testimony are necessary for the conviction of the persons described above. any condition or undertaking. such individual cannot avail of the provisions under Article VIII of this Act. decree or order shall be deemed terminated. Termination of the Grant of Immunity. and political rights such as but not limited to. Accessory Penalties. shall be subjected to undergo a random drug test as contained in the company's work rules and regulations. (b) Applicants for firearm's license and for permit to carry firearms outside of residence. In case an informant or witness under this Act fails or refuses to testify without just cause. (d) Officers and employees of public and private offices. In such case. shall not attach should it turn out subsequently that the information and/or testimony is false. Section 34. pursuant to the related rules and regulations as contained in the school's student handbook and with notice to the parents. Section 35. Provided. undergo a random drug testing: Provided. the screening test which will determine the positive result as well as the type of the drug used and the confirmatory test which will confirm a positive screening test. (3) Such information and testimony can be corroborated on its material points. The DOH shall take steps in setting the price of the drug test with DOH accredited drug testing centers to further reduce the cost of such drug test. or should he/she violate any condition accompanying such immunity as provided above. In case the informant or witness referred to under this Act falls under the applicability of this Section hereof. except when there is no other direct evidence available for the State other than the information and testimony of said informant or witness. Authorized Drug Testing. and the enjoyment of all rights and benefits previously accorded him under this Act or in any other law. as prescribed in Section 33 of this Act. the informant or witness shall be subject to prosecution and the enjoyment of all rights and benefits previously accorded him under this Act or any other law. his/her immunity shall be removed and he/she shall likewise be subject to contempt and/or criminal prosecution. – All applicants for firearm's license and permit to carry firearms outside of residence shall undergo a mandatory drug test to ensure that they are free from the use of dangerous drugs: Provided. – Authorized drug testing shall be done by any government forensic laboratories or by any of the drug testing laboratories accredited and monitored by the DOH to safeguard the quality of test results. reduced into writing. That all persons who by the nature of their profession carry firearms shall undergo drug testing. Drug test certificates issued by accredited drug testing centers shall be valid for a one-year period from the date of issue which may be used for other purposes. – Students of secondary and tertiary schools shall. whether domestic or overseas. – A person convicted under this Act shall be disqualified to exercise his/her civil rights such as but not limited to. for purposes of reducing the risk in the workplace.

willfully or through gross negligence. – a) Every pharmacist dealing in dangerous drugs and/or controlled precursors and essential chemicals shall maintain and keep an original record of sales. For this purpose. and the closure of the drug testing center. operate and maintain drug testing centers in government hospitals. any person apprehended or arrested for violating the provisions of this Act shall be subjected to screening laboratory examination or test within twenty-four (24) hours. which must be provided at least with basic technologically advanced equipment and materials. (7) Quantity and name of the dangerous drugs sold or delivered. police and other law enforcement agencies shall undergo an annual mandatory drug test. those found to be positive for dangerous drugs use shall be subject to the provisions of Section 15 of this Act. shall suffer the penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12) years and a fine ranging from One hundred thousand pesos (P100. Section 38. Laboratory Examination or Test on Apprehended/Arrested Offenders. if the apprehending or arresting officer has reasonable ground to believe that the person apprehended or arrested. veterinarian or practitioner issuing the same. (6) Serial number of the prescription and the name of the physician. and appoint such technical and other personnel as may be necessary for the effective implementation of this provision. competence. – Subject to Section 15 of this Act.000. Section 40. (5) Name. The DOH shall also accredit physicians who shall conduct the drug dependency examination of a drug dependent as well as the after-care and follow-up program for the said drug dependent. That a positive screening laboratory test must be confirmed for it to be valid in a court of law. Issuance of False or Fraudulent Drug Test Results. There shall be a control regulations. Records Required for Transactions on Dangerous Drug and Precursors and Essential Chemicals. If found to be positive. licensing and accreditation division under the supervision of the DOH for this purpose.00) to Five hundred thousand pesos (P500. the results of the screening laboratory examination or test shall be challenged within fifteen (15) days after receipt of the result through a confirmatory test conducted in any accredited analytical laboratory equipment with a gas chromatograph/mass spectrometry equipment or some such modern and accepted method. indicating therein the following information: (1) License number and address of the pharmacist. acquisitions and deliveries of dangerous drugs. is under the influence of dangerous drugs. pharmacy or chemical establishment.00). who issues false or fraudulent drug test results knowingly. the DOH shall establish. on account of physical signs or symptoms or other visible or outward manifestation. with a copy thereof furnished the city or municipal health officer concerned. address and community tax certificate number of the buyer. A certified true copy of such record covering a period of six (6) months. Section 37. if confirmed the same shall be prima facie evidence that such person has used dangerous drugs. in order to conduct the laboratory examination and tests herein provided.CRIMINAL LAW REVIEWER – Officers and members of the military. and appoint such qualified and duly trained technical and other personnel as may be necessary for the effective implementation of this provision. importer or wholesaler from whom the dangerous drugs have been purchased. which is without prejudice for the prosecution for other violations of the provisions of this Act: Provided. (4) Date of acquisition or purchase. duly signed by the pharmacist or the owner of the drugstore. and (g) All candidates for public office whether appointed or elected both in the national or local government shall undergo a mandatory drug test. – Any person authorized. (f) All persons charged before the prosecutor's office with a criminal offense having an imposable penalty of imprisonment of not less than six (6) years and one (1) day shall have to undergo a mandatory drug test.000. veterinarian or practitioner authorized to prescribe any dangerous drug shall issue the prescription therefor in one (1) original and two (2) 139 . An additional penalty shall be imposed through the revocation of the license to practice his/her profession in case of a practitioner. dentist. integrity and stability to conduct the laboratory examinations and tests provided in this Article. and (8) Date of sale or delivery. (3) Quantity and name of the dangerous drugs purchased or acquired. dentist. In addition to the above stated penalties in this Section. licensed or accredited under this Act and its implementing rules to conduct drug examination or test. purchases. shall be forwarded to the Board within fifteen (15) days following the last day of June and December of each year. address and license of the manufacturer. – The DOH shall be tasked to license and accredit drug testing centers in each province and city in order to assure their capacity. (b) A physician. (2) Name. Section 39. Accreditation of Drug Testing Centers and Physicians.

and referral for treatment and rehabilitation of students for drug dependence. whether general. (4) Steps to take when intervention on behalf of a drug dependent is needed. or even beyond such immediate vicinity if they are in attendance at any school or class function in their official capacity as school heads. Students. and teachers. shall be retained by the pharmacist for a period of one (1) year from the date of sale or delivery of such drug. all prescriptions issued by physicians. dealers and retailers of dangerous drugs and/or controlled precursors and essential chemicals shall keep a record of all inventories. veterinarians and practitioners in such quantities as the Board may authorize. constitute sufficient cause for disciplinary action by the school authorities. legal and economic dimensions and implications of the drug problem. Section 43. – The family being the basic unit of the Filipino society shall be primarily responsible for the education and awareness of the members of the family on the ill effects of dangerous drugs and close monitoring of family members who may be susceptible to drug abuse. – Instruction on drug abuse prevention and control shall be integrated in the elementary. Such forms shall only be issued by the DOH through its authorized employees to licensed physicians. after the prescription has been filled. Supervisors. a prescription need not be accomplished on such forms. In emergency cases. all school heads. Student Councils and Campus Organizations. Such instructions shall include: (1) Adverse effects of the abuse and misuse of dangerous drugs on the person. as well as the services available for the treatment and rehabilitation of drug dependents. School Curricula. Rule 113 of the Rules of Court. pursuant to Section 5. the Secretary of the Department of Education (DepEd). dentists. shall have the duty to report the same to the school head or immediate superior who shall. One (1) copy shall be retained by the buyer or by the person to whom the drug is delivered until such drug is consumed. in turn. Section 45. Involvement of the Family. as the Board may specify in the public interest. Section 44. distributors. Publication and Distribution of Materials on Dangerous Drugs. inform the DOH of the same in writing. Failure to do so in either case. require. while the second copy shall be retained by the person issuing the prescription. – All elementary.CRIMINAL LAW REVIEWER duplicate copies. technical. the family. secondary and tertiary curricula of all public and private schools. informal and indigenous learning systems. the importance and safety of dangerous drugs for medical and therapeutic use as well as the differentiation between medical patients and drug dependents in order to avoid confusion and accidental stigmatization in the consciousness of the students. after due hearing. No prescription once served by the drugstore or pharmacy be reused nor any prescription once issued be refilled. acquisitions and deliveries of the same as well as the names. (3) Health. publication and distribution of information and support educational materials on 140 . as such. Teachers and School Authorities in the Enforcement of this Act Section 41. vocational or agro-industrial as well as in non-formal. are hereby empowered to apprehend. wholesalers. the name and quantity of the same and the date of the transactions. importers. (2) Preventive measures against drug abuse. arrest or cause the apprehension or arrest of any person who shall violate any of the said provisions. within three (3) days after issuing such prescription. sales. and (5) Misconceptions about the use of dangerous drugs such as. the Chairman of the Commission on Higher Education (CHED) and the DirectorGeneral of the Technical Education and Skills Development Authority (TESDA) shall cause the development. Section 42. purchases. socio-cultural. dentists. veterinarian or practitioner shall. by rules and regulations. psychological. and Teachers of Schools. The prescribing physician. For purposes of this Act. secondary and tertiary schools' student councils and campus organizations shall include in their activities a program for the prevention of and deterrence in the use of dangerous drugs. but not limited to. report the matter to the proper authorities. (c) All manufacturers. addresses and licenses of the persons from whom such items were purchased or acquired or to whom such items were sold or delivered. supervisors. Such records may be subjected anytime for review by the Board. Such forms shall be made of a special kind of paper and shall be distributed in such quantities and contain such information and other data as the DOH may. within a reasonable period from the time of discovery of the violation shall. dentist. Any teacher or school employee. – With the assistance of the Board. veterinarians or practitioners shall be written on forms exclusively issued by and obtainable from the DOH. ARTICLE IV Participation of the Family. however. supervisors and teachers shall be deemed persons in authority and. – For the purpose of enforcing the provisions of Article II of this Act. The original. They shall be deemed persons in authority if they are in the school or within its immediate vicinity. who discovers or finds that any person in the school or within its immediate vicinity is liable for violating any of said provisions. the school and the community. Heads.

in pursuit of the programs mentioned in the preceding Section. Labor Organizations and the Private Sector. Section 46. by ordinance. Abatement of Drug Related Public Nuisances. including evidence of the general reputation of the place or premises. Section 53. and such nuisance may be abated. and the community. federations.CRIMINAL LAW REVIEWER dangerous drugs to the students. the Board may declare the place or premises to be a public nuisance. pursuant to the following procedures: (1) Any city or municipality may. With the assistance of the Board. the Department of the Interior and Local Government (DILG). The programs initiated by the Center shall likewise be adopted in all public and private orphanage and existing special centers for street children. the Department of Labor and Employment (DOLE) shall develop. Guidelines for the National Drug-Free Workplace Program. it may declare an order immediately prohibiting the conduct. Such program shall include the mandatory drafting and adoption of company policies against drug use in the workplace in close consultation and coordination with the DOLE. seminars and information dissemination campaigns of the appropriate government and law enforcement agencies. and (3) After hearing in which the Board may consider any evidence. – If the Board declares a place or premises to be a public nuisance. – It is deemed a policy of the State to promote drug-free workplaces using a tripartite approach. spouse. – Local government units shall appropriate a substantial portion of their respective annual budgets to assist in or enhance the enforcement of this Act giving priority to preventive or educational programs and the rehabilitation or treatment of drug dependents. – All labor unions. ARTICLE VII Participation of Local Government Units Section 51. the parents. officer. Government Assistance. (2) any employee. Such Center which shall be headed by the Provincial Social. Section 50. secure the technical assistance. or organizations in cooperation with the respective private sector partners shall include in their collective bargaining or any similar agreements. or maintenance of any business or activity on the premises which is conducive to such nuisance. Effect of Board Declaration. ARTICLE VI Participation of the Private and Labor Sectors in the Enforcement of this Act Section 49. The Board may bring a complaint seeking a permanent injunction against any nuisance described under this Section. Special Drug Education Center. operation. – Any place or premises which have been used on two or more occasions as the site of the unlawful sale or delivery of dangerous drugs may be declared to be a public nuisance. joint continuing programs and information campaigns for the laborers similar to the programs provided under Section 47 of this Act with the end in view of achieving a drug free workplace. the faculty. and the Department of Social Welfare and Development (DSWD) shall establish in each of its provincial office a special education drug center for out-of-school youth and street children. associations. ARTICLE V Promotion of a National Drug-Free Workplace Program With the Participation of Private and Labor Sectors and the Department of Labor and Employment Section 47. Drug-Free Workplace. This Article does not restrict the right of any person to proceed under the Civil Code against any public nuisance. – The Board and the DOLE shall formulate the necessary guidelines for the implementation of the national drug-free workplace program. – With the assistance of the Board. ARTICLE VIII Program for Treatment and Rehabilitation of Drug Dependents Section 54. Voluntary Submission of a Drug Dependent to Confinement. Section 52. and at which the owner of the premises shall have an opportunity to present evidence in his/her defense. Section 48. create an administrative board to hear complaints regarding the nuisances. Local Government Units' Assistance. Treatment and Rehabilitation. Welfare Development Officer shall sponsor drug prevention programs and activities and information campaigns with the end in view of educating the out-of-school youth and street children regarding the pernicious effects of drug abuse. The amount necessary for the implementation of which shall be included in the annual General Appropriations Act. – A drug dependent or any person who violates Section 15 of this Act may. labor and employer organizations. 141 . or resident of the city or municipality may bring a complaint before the Board after giving not less than three (3) days written notice of such complaint to the owner of the place or premises at his/her last known address. the National Youth Commission (NYC). promote and implement a national drug abuse prevention program in the workplace to be adopted by private companies with ten (10) or more employees. human resource development managers and other such private sector organizations. by himself/herself or through his/her parent. – The labor sector and the respective partners may. such as but not limited to. An order entered under this Section shall expire after one (1) year or at such earlier time as stated in the order.

for a period not exceeding eighteen (18) months under such terms and conditions that the Court may impose. he/she shall be ordered by the Court to undergo treatment and rehabilitation in a Center designated by the Board for a period of not less than six (6) months: Provided. who is not rehabilitated after the second commitment to the Center under the voluntary submission program. the Board shall bring forth the matter to the Court which shall order that the applicant be examined for drug dependency. A drug dependent under the voluntary submission program. within said period. – Upon certification of the Center that the drug dependent within the voluntary submission program may be temporarily released. Filing of Charges Against a Drug Dependent Who is Not Rehabilitated Under the Voluntary Submission Program. That capability-building of local government social workers shall be undertaken by the DSWD. If during the period of after-care and follow-up. That had he/she escaped. he/she shall be recommitted to the Center for confinement. as well as the Board. and (4) He/she poses no serious danger to himself/herself. Exemption from the Criminal Liability Under the Voluntary Submission Program. he/she may be discharged by the Court. who is finally discharged from confinement. including the after-care and follow-up program for at least eighteen (18) months following temporary discharge from confinement in the Center or. shall be apprised by the head of the treatment and rehabilitation center of the status of said drug dependent and determine whether further confinement will be for the welfare of the drug dependent and his/her family or the community. Confinement in a Center for treatment and rehabilitation shall not exceed one (1) year. the Dangerous Drugs Act of 1972 or Republic Act No. Section 59. his/her family or the community by his/her exemption from criminal liability. shall be exempt from the criminal liability under Section 15 of this act subject to the following conditions: (1) He/she has complied with the rules and regulations of the center. the applicable rules and regulations of the Board. Escape and Recommitment for Confinement and Rehabilitation Under the Voluntary Submission Program. after which time the Court. However. in which case the corresponding order shall be issued by the Board. Probation and Community Service Under the Voluntary Submission Program. he/she surrendered by himself/herself or through his/her parent. If the examination by a DOH-accredited physician results in the issuance of a certification that the applicant is a drug dependent. the Revised Penal Code. without prejudice to the outcome of any pending case filed in court. guardian or relative within the fourth degree of consanguinity or affinity. the Court shall order his/her release on condition that said drug dependent shall report to the DOH for after-care and follow-up treatment. may be charged under the provisions of this Act. or his/her parent. shall. Section 56. should the DOH find that during the initial after-care and follow-up program of eighteen (18) months. That a drug dependent may be placed under the care of a DOH-accredited physician where there is no Center near or accessible to the residence of the drug dependent or where said drug dependent is below eighteen (18) years of age and is a first-time offender and nonconfinement in a Center will not pose a serious danger to his/her family or the community.CRIMINAL LAW REVIEWER guardian or relative within the fourth degree of consanguinity or affinity. including urine testing. After-Care and Follow-Up Treatment Under the Voluntary Submission Program. apply to the Board or its duly recognized representative. subject to the provisions of Section 55 of this Act. (3) He/she has no record of escape from a Center: Provided. the after-care program and follow-up schedule formulated by the DSWD and approved by the Board: Provided. but does not qualify for exemption from criminal liability under Section 55 of this Act. – A drug dependent who is discharged as rehabilitated by the DOH-accredited Center through the voluntary submission program. – A drug dependent. but shall be placed on probation and undergo a community service in lieu of imprisonment and/or fine in the discretion of the court. guardian or relative within the fourth degree of consanguinity or affinity may. Such drug dependent shall undergo community service as part of his/her after-care and follow-up program. Upon such application. for treatment and rehabilitation of the drug dependency. If convicted. he/she may submit himself/herself for recommitment within one (1) week therefrom. – Should a drug dependent under the voluntary submission program escape from the Center. as amended. Thereafter. surrender him for recommitment. 142 . the drug dependent requires further treatment and rehabilitation in the Center. Section 57. the drug dependent is certified to be rehabilitated. he/she may again be certified for temporary release and ordered released for another after-care and follow-up program pursuant to this Section. or any special penal laws. which may be done in coordination with nongovernmental civil organizations accredited by the DSWD. within one (1) week from the date of the said escape. Section 55. in the case of a dependent placed under the care of the DOHaccredited physician. Section 58. (2) He/she has never been charged or convicted of any offense punishable under this Act. spouse. 6425. spouse. without prejudice to the outcome of any pending case filed in court. Temporary Release From the Center. be charged for violation of Section 15 of this Act and prosecuted like any other offender. he/she shall be credited for the period of confinement and rehabilitation in the Center in the service of his/her sentence. as amended. with the recommendation of the Board. upon recommendation of the Board.

the court shall order his/her final discharge from confinement and order for the immediate resumption of the trial of the case for which he/she is originally charged. the Board certifies to his/her complete rehabilitation. The head of said Center shall submit to the court every four (4) months. it shall order his/her commitment to a Center for treatment and rehabilitation. the court shall conduct a hearing and consider all relevant evidence which may be offered. if the accused is certified by the treatment and rehabilitation center to have maintained good behavior. the prosecutor or the court as the case may be. at any stage of the proceedings. the penalty thereof shall be deemed to have been served in the Center upon his/her release therefrom after certification by the Center and the Board that he/she is rehabilitated. indicate that he/she shall be given full credit for the period he/she was confined in the Center: Provided. he/she shall be returned to the court. Section 63. The court shall take judicial notice of the prior proceedings in the case and shall proceed to hear the petition. he/she shall be charged for violation of Section 15 of this Act and he subjected under section 61 of this Act. Compulsory Confinement of a Drug Dependent Who Refuses to Apply Under the Voluntary Submission Program. the judgment shall. the court. subsequent to a recommitment. Section 62. as certified by the center and the Board. shall immediately fix a date for the hearing. That where a criminal case is pending in court. Section 60. If the court finds him a drug dependent. the court shall order his/her release on condition that he/she shall report to the Board through the DOH for after-care and follow-up treatment for a period not exceeding eighteen (18) months under such terms and conditions as may be imposed by the Board. If. he/she voluntarily submitted himself/herself for confinement. for his/her discharge therefrom. a written report on the progress of the treatment. If the court finds him to be a drug dependent. A petition for the confinement of a person alleged to be dependent on dangerous drugs to a Center may be filed by any person authorized by the Board with the Regional Trial Court of the province or city where such person is found. Prescription of the Offense Charged Against a Drug Dependent Under the Compulsory Submission Program. Compulsory Submission of a Drug Dependent Charged with an Offense to Treatment and Rehabilitation. shall suspend all further proceedings and transmit copies of the record of the case to the Board. it shall file a petition for his/her commitment with the regional trial court of the province or city where he/she is being investigated or tried: Provided. treatment and rehabilitation or has been committed to a Center under this program. and to the one having charge of him. If the dependent is rehabilitated. Thereafter. guardian or relative within the fourth degree of consanguinity or affinity. the court shall order the drug dependent to be examined by two (2) physicians accredited by the Board. spouse. the dependent once again escapes from confinement. – If a person charged with an offense where the imposable penalty is imprisonment of less than six (6) years and one (1) day. After the petition is filed. If both physicians conclude that the respondent is not a drug dependent. In any event. – The period of prescription of the offense charged against a drug dependent under the compulsory submission program shall not run during the time that the drug dependent is under confinement in a Center or otherwise under the treatment and rehabilitation program approved by the Board. his/her prosecution for any offense punishable by law shall be instituted or shall continue. which committed him. it shall issue an order for his/her commitment to a treatment and rehabilitation center under the supervision of the DOH. except to determine how many times. or as often as the court may require. rule and regulation to the contrary. If at anytime during the after-care and follow-up period. the court may issue an order for recommitment within one (1) week. the Board shall apply to the court for a recommitment order upon proof of previous commitment or his/her voluntary submission by the Board. In the event he Board determines. be confined for treatment and rehabilitation in any Center duly designated or accredited for the purpose. Section 61. as the case may be. by an order. upon petition by the Board or any of its authorized representative. the court shall order his/her discharge. to be a drug dependent. – Notwithstanding any law. That when the offense is for violation of Section 15 of this Act and the accused is not a recidivist. – Judicial and medical records of drug dependents under the voluntary submission program shall be confidential and shall not be used against him for any purpose. If either physician finds him to be a dependent. that public interest requires that such drug dependent be committed to a center for treatment and rehabilitation. and is found by the prosecutor or by the court. Upon certification of the Center that he/she may temporarily be discharged from the said Center.CRIMINAL LAW REVIEWER Should the escapee fail to submit himself/herself or be surrendered after one (1) week. however. after medical examination. the order of discharge or order of confinement or commitment shall be issued not later than fifteen (15) days from the filing of the appropriate petition. In case of conviction. and a copy of such order shall be served on the person alleged to be dependent on dangerous drugs. either upon order of the Board or upon order of the court. Should the Board through the DOH find at anytime during the after- 143 . If after such hearing and the facts so warrant. by himself/herself or through his/her parent. any person determined and found to be dependent on dangerous drugs shall. as the case may be. Confidentiality of Records Under the Voluntary Submission Program. such petition shall be filed in the said court.

it shall report to the court. subject to the following conditions: (a) He/she has not been previously convicted of violating any provision of this Act. without prejudice to the application of the provisions of this Section. subsequent to such recommitment. Such an order. within the same period. Duty of the Prosecutor in the Proceedings. the applicable rules and regulations of the Board exercising supervision and rehabilitative surveillance over him. Section 66. – An accused who is over fifteen (15) years of age at the time of the commission of the offense mentioned in Section 11 of this Act. – If the accused first-time minor offender violates any of the conditions of his/her suspended sentence. or of the Dangerous Drugs Act of 1972. under such conditions that the court may impose for a period ranging from six (6) months to eighteen (18) months. including the rules and regulations of the Center should confinement be required. otherwise known as the Child and Youth Welfare Code. Suspension of Sentence of a First-Time Minor Offender. 144 . shall restore the accused to his/her status prior to the case. as amended by Presidential Decree No. shall be covered by Section 60 of this Act. In the case of minors under fifteen (15) years of age at the time of the commission of any offense penalized under this Act. If. or who escaped but did not surrender himself/herself within the prescribed period. may be given the benefits of a suspended sentence. Confidentiality of Records Under the Compulsory Submission Program. Upon recommendation of the Board. Section 64. without prejudice to the outcome of any pending case filed in court. and (c) The Board favorably recommends that his/her sentence be suspended. a drug dependent who is not rehabilitated after a second commitment to the Center shall. the drug dependent does not resubmit himself/herself for confinement or he/she is not surrendered for recommitment. suffer the same penalties provided for under Section 15 of this Act again without prejudice to the outcome of any pending case filed in court. or to the care of a DOH-accredited physician for at least six (6) months. Privilege of Suspended Sentence to be Availed of Only Once by a First-Time Minor Offender. Discharge After Compliance with Conditions of Suspended Sentence of a First-Time Minor Offender. the Board may apply with the court for the issuance of the recommitment order. surrender him for recommitment. He/she shall not be held thereafter to be guilty of perjury or of concealment or misrepresentation by reason of his/her failure to acknowledge the case or recite any fact related thereto in response to any inquiry made of him for any purpose. or of the Revised Penal Code. with after-care and follow-up program for not more than eighteen (18) months. – The records of a drug dependent who was rehabilitated and discharged from the Center under the compulsory submission program. Section 69. the court shall pronounce judgment of conviction and he/she shall serve sentence as any other convicted person. or who was charged for violation of Section 15 of this Act. – The privilege of suspended sentence shall be availed of only once by an accused drug dependent who is a first-time offender over fifteen (15) years of age at the time of the commission of the violation of Section 15 of this Act but not more than eighteen (18) years of age at the time when judgment should have been promulgated. Upon the dismissal of the proceedings against the accused. shall be forwarded to the court and their use shall be determined by the court. Promulgation of Sentence for First-Time Minor Offender. having been committed to a Center upon petition by the Board escape therefrom. shall discharge the accused and dismiss all proceedings. the records of a drug dependent who was not rehabilitated. 603. While under suspended sentence. the court may commit the accused under suspended sentence to a Center.CRIMINAL LAW REVIEWER care and follow-up period that he/she requires further treatment and rehabilitation. (b) He/she has not been previously committed to a Center or to the care of a DOH-accredited physician. upon a favorable recommendation of the Board for the final discharge of the accused. other than the confidential record to be retained by the DOJ relating to the case. or his/her parent. – It shall be the duty of the provincial or the city prosecutor or their assistants or state prosecutors to prepare the appropriate petition in all proceedings arising from this Act. he/she shall no longer be exempt from criminal liability for use of any dangerous drug. or of any special penal laws. Should the drug dependent. the court shall issue an order for recommitment. the court shall enter an order to expunge all official records. Article 192 of Presidential Decree No. However. which shall be kept confidential. upon conviction by the appropriate court. including confinement in a Center. taking into consideration public interest and the welfare of the drug dependent. he/she shall be under the supervision and rehabilitative surveillance of the Board. as amended. which shall order his/her recommitment to the Center. On the other hand. however. Section 68. Section 67. If. spouse. the court. he/she may resubmit himself/herself for confinement within one (1) week from the date of his/her escape. 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. Upon proof of previous commitment. guardian or relative within the fourth degree of consanguinity or affinity may. he/she should escape again. – If the accused first time minor offender under suspended sentence complies with the applicable rules and regulations of the Board. 1179 shall apply. Section 65. A drug dependent committed under this particular Section who is finally discharged from confinement shall be exempt from criminal liability under Section 15 of this Act.

– The parent. the supervision and rehabilitative surveillance shall be undertaken by the Board through the DOH in coordination with the Board of Pardons and Parole and the Probation Administration. assist or support in the establishment. Liability of a Person Who Violates the Confidentiality of Records. the court may. The court in its discretion may require extension of the community service or order a final discharge. – The existing treatment and rehabilitation centers for drug dependents operated and maintained by the NBI and the PNP shall be operated. or in any manner. If the sentence promulgated by the court requires imprisonment. after-care and follow-up programs. even if the sentence provided under this Act is higher than that provided under existing law on probation. Cost-Sharing in the Treatment and Rehabilitation of a Drug Dependent. – The DOH shall: (1) Oversee the monitor the integration. the judicial records shall be covered by the provisions of Sections 60 and 64 of this Act. In case of probation. time and place as may be determined by the court in its discretion and upon the recommendation of the Board and shall apply only to violators of Section 15 of this Act. prevents or delays the after-care. the penalty imposed for the crime of violation of confidentiality shall be in addition to whatever crime he/she may be convicted of. spouse. It shall also support the establishment of government-operated regional treatment and rehabilitation centers depending upon the availability of funds. or anyone who.CRIMINAL LAW REVIEWER Section 70. the Board shall submit a written report to the court recommending termination of probation and a final discharge of the probationer. Section 76. maintenance and management of privatelyowned drug treatment rehabilitation centers and drug testing networks and laboratories throughout the country in coordination with the DSWD and other agencies. projects and activities as well as the establishment. In both cases. in addition to absolute perpetual disqualification from any public office.00) to Six thousand pesos (P6. – Any parent. reveals their content to any person other than those charged with the prosecution of the offenses under this Act and its implementation. The Duties and Responsibilities of the Department of health (DOH) Under this Act. intervention. whether under voluntary submission program or compulsory submission program. Should the records be used for unlawful purposes. – The penalty of imprisonment ranging from six (6) months and one (1) day to six (6) years and a fine ranging from One thousand pesos (P1. 145 . Upon compliance with the conditions of the probation. Records to be kept by the Department of Justice.000. Section 72. without valid reason. the Board through the DOH shall encourage. Section 75. Section 71. whereupon the court shall issue such an order. Thereafter. place the accused under probation. spouse or guardian who. For the purpose of enlarging the network of centers. The completion of the community service shall be under the supervision and rehabilitative surveillance of the Board during the period required by the court. Probation or Community Service for a First-Time Minor Offender in Lieu of Imprisonment. Treatment and Rehabilitation Centers. such as blackmail of the drug dependent or the members of his/her family. shall be imposed upon any person who. and shall establish at least one (1) drug rehabilitation center in each province. – Upon promulgation of the sentence. Section 73. The guidelines therein formulated shall be implemented by a social worker of the local government unit. having official custody of or access to the confidential records of any drug dependent under voluntary submission programs. establish and maintain drug test network and laboratory. the period spent in the Center by the accused during the suspended sentence period shall be deducted from the sentence to be served.00). or impose community service in lieu of imprisonment. having gained possession of said records. maintained and managed by the DOH in coordination with other concerned agencies. The maximum penalty shall be imposed. The community service shall be complied with under conditions. when the offender is a government official or employee. depending on the availability of funds. Spouse or Guardian Who Refuses to Cooperate with the Board or any Concerned Agency. in its discretion. whether lawfully or not. The national government. – The DOJ shall keep a confidential record of the proceedings on suspension of sentence and shall not be used for any purpose other than to determine whether or not a person accused under this Act is a first-time minor offender. guardian or any relative within the fourth degree of consanguinity of any person who is confined under the voluntary submission program or compulsory submission program shall be charged a certain percentage of the cost of his/her treatment and rehabilitation. promote or whenever feasible. refuses to cooperate with the Board or any concerned agency in the treatment and rehabilitation of a drug dependent who is a minor. operations and maintenance of private centers which shall be eligible to receive grants. the guidelines of which shall be formulated by the DSWD taking into consideration the economic status of the family of the person confined. (2) License. Section 74. operations. follow-up or other programs for the welfare of the accused drug dependent. accredit. donations or subsidy from either government or private sources. coordination and supervision of all drug rehabilitation.000. through its appropriate agencies shall give priority funding for the increase of subsidy to existing government drug rehabilitation centers. the Board shall render a report on the manner of compliance of said community service. may be cited for contempt by the court. Liability of a Parent.

– The Board shall recommend to the President of the Philippines the appointment of an Executive Director. (9) Secretary of the Department of Education or his/her representative. and shall attend all the meetings of the Board. (2) Secretary of the Department of Health or his/her representative. and (6) Charge reasonable fees for drug dependency examinations. and in any of the following fields: law enforcement. All income derived from these sources shall be part of the funds constituted as special funds for the implementation of this Act under Section 87. psychology or social work. which shall accrue to the Board. psychology or social work. (11) Chairman of the National Youth Commission. without prejudice to the criminal prosecution of those found guilty of violating this Act. Section 80. medicine. It shall develop and adopt a comprehensive. Secretariat of the Board. such representative shall be entitled to receive the per diem. the persons appointed to succeed such members shall hold office for a term of six (6) years and until their successors shall have been duly appointed and qualified. unified and balanced national drug abuse prevention and control strategy. (6) Secretary of the Department of the Interior and Local Government or his/her representative. Thereafter. Section 79. (1) Secretary of the Department of Justice or his/her representative. who shall be the Secretary of the Board and administrative officer of its secretariat. law. and (b) The chairman or president of a nongovernment organization involved in dangerous drug campaign to be appointed by the President of the Philippines. It shall be under the Office of the President. (4) Secretary of the Department of Finance or his/her representative. All members of the Board as well as its permanent consultants shall receive a per diem for every meeting actually attended subject to the pertinent budgetary laws. one (1) shall serve for four (4) years and the other for two (2) years. (3) Encourage. training and experience in the field of dangerous drugs. The other twelve (12) members who shall be ex officio members of the Board are the following: . The presence of nine (9) members shall constitute a quorum. (12) Director General of the Philippine Drug Enforcement Agency. Meetings of the Board. He/she must possess adequate knowledge. criminology. who shall have the rank of a secretary from among the three (3) permanent members who shall serve for six (6) years. criminology. promulgate rules and regulations setting minimum standards for their accreditation to assure their competence.CRIMINAL LAW REVIEWER initiate. 146 ARTICLE IX Dangerous Drugs Board and Philippine Drug Enforcement Agency Section 77. conduct and support scientific research on drugs and drug control. honoraria and allowances: Provided. order the closure of a Center for treatment and rehabilitation of drug dependency when. Of the two (2) other members. rules and regulations on compensation. That where the representative of an ex officio member or of the permanent consultant of the Board attends a meeting in behalf of the latter. assist and accredit private centers. who shall both have the rank of undersecretary. medicine. other medical and legal services provided to the public. (8) Secretary of the Department of Foreign Affairs or his/her representative. shall be appointed by the President of the Philippines. – The Board shall meet once a week or as often as necessary at the discretion of the Chairman or at the call of any four (4) other members. The three (3) permanent members. (5) The DOH shall. integrated. Cabinet secretaries who are members of the Board may designate their duly authorized and permanent representatives whose ranks shall in no case be lower than undersecretary. (7) Secretary of the Department of Social Welfare and Development or his/her representative. Section 78. (5) Secretary of the Department of Labor and Employment or his/her representative. who shall possess at least seven-year training and experience in the field of dangerous drugs and in any of the following fields: in law. the other twelve (12) members shall be in an ex officio capacity and the two (2) shall be regular members. Composition of the Board. – The Board shall be the policy-making and strategy-formulating body in the planning and formulation of policies and programs on drug prevention and control. and shall perform such other duties that may be assigned to him/her. The Dangerous Drugs Board. (4) Prescribe and promulgate rules and regulations governing the establishment of such Centers as it may deem necessary after conducting a feasibility study thereof. The President shall designate a Chairman. after investigation it is found guilty of violating the provisions of this Act or regulations issued by the Board. The two (2) regular members shall be as follows: (a) The president of the Integrated Bar of the Philippines. (10) Chairman of the Commission on Higher Education or his/her representative. The Director of the NBI and the Chief of the PNP shall be the permanent consultants of the Board. – The Board shall be composed of seventeen (17) members wherein three (3) of which are permanent members. (3) Secretary of the Department of National Defense or his/her representative. integrity and stability. with the rank of an undersecretary.

members of the judiciary. exportation. a national treatment and rehabilitation program for drug dependents including a standard aftercare and community service program for recovering drug dependents. conduct and support scientific. films. and the DOJ. school authorities and personnel of centers with knowledge and know-how in dangerous drugs and/or controlled precursors and essential chemicals control in coordination with the Supreme Court to meet the objectives of the national drug control programs. Legal Affairs. program monitoring and evaluations and other researches on drug prevention. social. (c) Conduct policy studies. (d) Initiate. namely: Policy Studies. with the ranks of assistant secretary. for which purpose the Board shall endeavor to make the general public aware of the hazards of any dangerous drugs and/or controlled precursor and essential chemical by providing among others. stocks. psychological. or engaged in activities having to do with any dangerous drug and/or controlled precursors and essential chemicals such data or information as it may need to implement this Act. manufacture. – The Board shall: (a) Formulate. Powers and Duties of the Board. collect and evaluate all information on the importation. (j) Initiate and authorize closure proceedings against non-accredited and/or substandard rehabilitation centers based on verified reports of human rights violations. and prescribe administrative remedies or sanctions for the violations of such rules and regulations. including the manner of safekeeping. subhuman conditions. (e) Develop an educational program and information drive on the hazards and prevention of illegal use of any dangerous drug and/or controlled precursor and essential chemical based on factual data. Training and Information. (m) Gather and prepare detailed statistics on the importation. gather. its prevention and control measures. seizures of and the estimated need for any dangerous drug and/or controlled precursor and essential chemical. and prosecutors. treatment and rehabilitation. (f) Conduct continuing seminars for. clinical. burning or condemnation of any dangerous drug and/or controlled precursor and essential chemical under its charge and custody. sale. in the case of prosecutors. for which purpose the Board may require from any official. DSWD and other agencies involved in drugs control. Section 81. They shall receive a salary corresponding to their position as prescribed by the Salary Standardization Law as a Career Service Officer. and consultations with. Preventive Education. jointly with the DOLE and in consultation with labor and employer groups as well as nongovernment organizations a drug abuse prevention program in the workplace that would include a provision for employee assistance programs for emotionally-stressed employees. Research and Statistics. and the Administrative and Financial Management. It shall be composed of the following divisions. inadequate medical training and assistance and excessive fees for implementation by the PDEA. (b) Promulgate such rules and regulations as may be necessary to carry out the purposes of this Act. stocks. networks and laboratories as deemed necessary after conducting a feasibility study in coordination with the DOH and other government agencies. literature. shall be appointed by the President upon recommendation of the Board. instrumentality or agency of the government or any private person or enterprise dealing in. in the case of judges. in consultation and coordination with the DOH. exportation. The existing secretariat of the Board shall be under the administrative control and supervision of the Executive Director. (g) Design special trainings in order to provide law enforcement officers. They shall possess the same qualifications as those of the executive director. production. which aim to provide them with the current developments and programs of the Board pertinent to its campaign against dangerous drugs and its scientific researches on dangerous drugs. integrated. both public and private. manufacture. unified and balanced national drug use prevention and control strategy. (l) Receive. seizures of and estimates need for any dangerous drug and/or controlled precursors and essential chemicals and such other statistical data on 147 . disposition. (h) Design and develop. for administration and operations. and disseminate the same to the general public. and provide information materials to judges and prosecutors in coordination with the Office of the Court Administrator. develop and establish a comprehensive. (k) Prescribe and promulgate rules and regulations governing the establishment of such centers.CRIMINAL LAW REVIEWER Two deputies executive director. control and enforcement. (i) Design and develop. displays or advertisements and by coordinating with all institutions of learning as well as with all national and local enforcement agencies in planning and conducting its educational campaign programs to be implemented by the appropriate government agencies. physical and biological researches on dangerous drugs and dangerous drugs prevention and control measures.

controlled precursors and essential chemicals and other similar or analogous substances of such kind and in such quantity as it may deem necessary according to the medical and research needs or requirements of the country including diet pills containing ephedrine and other addictive chemicals and determine the quantity and/or quality of dangerous drugs and controlled precursors and essential chemicals to be imported. or in the employ of the drug establishment. manufacturer or distributor of such drugs. compounding. The PDEA shall be headed by a Director General with the rank of Undersecretary. if any. the Congress of the Philippines and the Senate and House of Representatives committees concerned as may be required from time to time. and other lawful acts in connection with any dangerous drug. dentists and other practitioners to submit a report to it. lessee. gifts and donations of real and personal properties of all kinds. and in any of the following fields: law enforcement. The Director General of the PDEA shall be appointed by the President of the Philippines and shall perform such other duties that may be assigned to him/her. distribution. procedures. administrative and other personnel as may be necessary for the effective implementation of this Act. wherein it shall issue the necessary guidelines. clinics. – To carry out the provisions of this Act. rehabilitation or confinement. the importation. production. dispensing and sale of. criminology. subject to the Civil Service Law and its rules and regulations. The Director General of the PDEA shall be assisted in the performance of his/her duties and responsibilities by two (2) deputies director general with the rank of Assistant Secretary. Section 82. and shall be responsible for the efficient and effective law enforcement of all the provisions on any dangerous drug and/or controlled precursor and essential chemical as provided in this Act. about all dangerous drugs and/or controlled precursors and essential chemicals-related cases to which they have attended for statistics and research purposes. and who knowingly participates in. or consents to. (n) Develop and maintain international networking coordination with international drug control agencies and organizations. the PDEA. (p) Receive in trust legacies. or any juridical entity owning and/or controlling such drug establishment. which serves as the implementing arm of the Board. (r) Formulate guidelines. co-owner. (q) Issue guidelines as to the approval or disapproval of applications for voluntary treatment. and implement the provisions of international conventions and agreements thereon which have been adopted and approved by the Congress of the Philippines. He/she must possess adequate knowledge. medicine. (s) Develop the utilization of a controlled delivery scheme in addressing the transshipment of dangerous drugs into and out of the country to neutralize transnational crime syndicates involved in illegal trafficking of any dangerous drugs and/or controlled precursors and essential chemicals. or manager of a partnership. manufactured and held in stock at any given time by authorized importer. prescription. association. tolerates. and perform such other functions as may be authorized or required under existing laws and as directed by the President himself/herself or as recommended by the congressional committees concerned. training and experience in the field of dangerous drugs. psychology or social work. manufacture. The Director General and the two (2) deputies director general shall receive the compensation and salaries as prescribed by law. The two (2) deputies director general shall possess the same qualifications as those of the Director General of the PDEA. directions and instructions from the donors. law. one for Operations and the other one for Administration. in coordination with the PDEA. (t) Recommend the revocation of the professional license of any practitioner who is an owner. who shall be responsible for the general administration and management of the Agency. Creation of the Philippine Drug Enforcement Agency (PDEA). or abets the commission of the act of violations as indicated in the preceding paragraph. rules and regulations pertaining to the application and its enforcement. corporation. the World Health Organization and other international organizations in consonance with the country's international commitments. (v) Establish a regular and continuing consultation with concerned government agencies and medical professional organizations to determine if balance exists in policies. rules and regulations on dangerous drugs and to provide recommendations on how the lawful use of dangerous drugs can be improved and facilitated. 148 . and (w) Submit an annual and periodic reports to the President. (u) Appoint such technical. The two (2) deputies director general shall likewise be appointed by the President of the Philippines upon recommendation of the Board. doctors.CRIMINAL LAW REVIEWER said drugs as may be periodically required by the United Nations Narcotics Drug Commission. (o) Require all government and private hospitals. all without prejudice to the criminal prosecution of the person responsible for the said violation. in coordination with other government agencies. to administer and dispose the same when necessary for the benefit of government and private rehabilitation centers subject to limitations.

CRIMINAL LAW REVIEWER Section 83. city. other government agencies/offices and local government units that will assist in its apprehension of bigtime drug lords. for this purpose the prosecutors and enforcement agents are authorized to possess firearms. including the citizenry. Administrative and Human Resource. municipality and barangay with the active and direct participation of all such local government units and nongovernmental organizations. (k) Initiate and undertake the formation of a nationwide organization which shall coordinate and supervise all activities against drug abuse in every province. if no longer needed for purposes of evidence in court. controlled precursors and essential chemicals. Powers and Duties of the PDEA. – The PDEA shall: (a) Implement or cause the efficient and effective implementation of the national drug control strategy formulated by the Board thereby carrying out a national drug campaign program which shall include drug law enforcement. control and prevention campaign with the assistance of concerned government agencies. – The present Secretariat of the National Drug Law Enforcement and Prevention Coordinating Center as created by Executive Order No. (i) Monitor and if warranted by circumstances. (d) Arrest and apprehend as well as search all violators and seize or confiscate. file charges and transmit evidence to the proper court. The PDEA shall establish and maintain regional offices in the different regions of the country which shall be responsible for the implementation of this Act and the policies. cooperation and linkages with international drug control and administration agencies and organizations. 61 shall be accordingly modified and absorbed by the PDEA. (e) Take charge and have custody of all dangerous drugs and/or controlled precursors and essential chemicals seized. provincial or local law enforcement agency. inspect all air cargo packages. The Director General of the PDEA shall be responsible for the necessary changes in the organizational set-up which shall be submitted to the Board for approval. (j) Conduct eradication programs to destroy wild or illegal growth of plants from which dangerous drugs may be extracted. (f) Establish forensic laboratories in each PNP office in every province and city in order to facilitate action on seize or confiscated drugs. and other similar controlled substances. the PDEA shall have the following Services. and assist. (g) Recommend to the DOJ the forfeiture of properties and other assets of persons and/or corporations found to be violating the provisions of this Act and in accordance with the pertinent provisions of the AntiMoney-Laundering Act of 2001. Compliance. the effects or proceeds of the crimes as provided by law and take custody thereof. support and coordinate with other government agencies for the proper and effective prosecution of the same. Legal and Prosecution. Plans and Operations. abuse or trafficking of any dangerous drug and/or controlled precursor and essential chemical as provided for in this Act and the provisions of Presidential Decree No. Financial Management. programs. (l) Establish and maintain a national drug intelligence system in cooperation with law enforcement agencies. subject to the provisions of previously formulated programs of action against dangerous drugs. (h) Prepare for prosecution or cause the filing of appropriate criminal and civil cases for violation of all laws on dangerous drugs. (b) Undertake the enforcement of the provisions of Article II of this Act relative to the unlawful acts and penalties involving any dangerous drug and/or controlled precursor and essential chemical and investigate all violators and other matters involved in the commission of any crime relative to the use. Preventive Education and Community Involvement. issue subpoena and subpoena duces tecum relative to the conduct of investigation involving the violations of this Act. International Cooperation and Foreign Affairs. confiscated or surrendered to any national. parcels and mails in the central post office. Section 84. Logistics Management. and Internal Affairs. in accordance with existing laws. in coordination with the Philippine Postal Office and the Bureau of Customs. thereby hastening its destruction without delay. (c) Administer oath. through on-line or cyber shops via the internet or cyberspace. which appear from the package and address itself to be a possible importation of dangerous drugs and/or controlled precursors and essential chemicals. and implement the applicable provisions of international conventions and agreements related to dangerous drugs to which the Philippines is a signatory. 1619. Organization of the PDEA. (m) Establish and maintain close coordination. For purposes of carrying out its duties and powers as provided for in the succeeding Section of this Act. namely: Intelligence and Investigation. wherein members of the said unit shall possess suitable and adequate firearms for their 149 . and projects of said agency in their respective regions. (n) Create and maintain an efficient special enforcement unit to conduct an investigation.

The Academy shall be headed by a Superintendent. agency or instrumentality of the government. PNP and the Bureau of Customs shall maintain close coordination with the PDEA on all drug related matters. PNP or any of the task force shall immediately transfer the same to the PDEA: Provided. – Upon the approval of the Board. about all dangerous drugs and/or controlled precursors and essential chemicals which they have attended to for data and information purposes. Appropriations. and perform such other functions as may be authorized or required under existing laws and as directed by the President himself/herself or as recommended by the congressional committees concerned. The unclaimed and forfeited prizes shall be turned over to the Board by the PCSO within thirty (30) days after these are collected and declared forfeited. PNP or any ad hoc anti-drug task force is found to be a violation of any of the provisions of this Act.CRIMINAL LAW REVIEWER protection in connection with the performance of their duties: Provided. (q) Initiate and undertake a national campaign for drug prevention and drug control programs. dentists and other practitioners to submit a report to it. the Narcotics Division of the NBI and other drug abuse units of the different law enforcement agencies integrated into the PDEA in order to carry out the provisions of this Act. That personnel absorbed and on detail service shall be given until five (5) years to finally decide to join the PDEA.00) a 150 .000. (o) Require all government and private hospitals. That such personnel who are affected shall have the option of either being integrated into the PDEA or remain with their original mother agencies and shall. Thereafter. Nothing in this Act shall mean a diminution of the investigative powers of the NBI and the PNP on all other crimes as provided for in their respective organic laws: Provided.000. subject to screening. including government-owned and or –controlled corporations. including ten percent (10%) of all unclaimed and forfeited sweepstakes and lotto prizes but not less than twelve million pesos (P12. Such personnel who are transferred. Management of Funds and Annual Report Section 87. The PDEA Academy shall be responsible in the recruitment and training of all PDEA agents and personnel. fees and other income authorized and imposed in this Act. however they shall continue with the performance of their task as detail service with the PDEA. thereafter. The NBI. absorbed and integrated in the PDEA shall be extended appointments to positions similar in rank. and (r) Submit an annual and periodic reports to the Board as may be required from time to time. That when the investigation being conducted by the NBI. and Integration of All Operating Units on Illegal Drugs into the PDEA and Transitory Provisions. The transfer. The PDEA Academy. – The amount necessary for the operation of the Board and the PDEA shall be charged against the current year's appropriations of the Board. and in such other places as may be necessary. with the rank of Director. salary. in the antiillegal drugs drive. A portion of the funds generated by the Philippine Amusement and Gaming Corporation (PAGCOR) in the amount of Five million pesos (P5.000. and other emoluments and privileges granted to their respective positions in their original mother agencies. The Board shall provide for the qualifications and requirements of its recruits who must be at least twenty-one (21) years old. the PDEA shall be the lead agency. absorption and integration of the different offices and units provided for in this Section shall take effect within eighteen (18) months from the effectivity of this Act: Provided. ARTICLE X Appropriations. where it may enlist the assistance of any department. of proven integrity and honesty and a Baccalaureate degree holder. That the NBI.00) per year from the Philippine Charity Sweepstakes Office (PCSO). the National Drug Law Enforcement and Prevention Coordinating Center. doctors. further. Section 85. All receipts derived from fines. be immediately reassigned to other units therein by the head of such agencies. however. Section 86. the Narcotics Division of the NBI and the Customs Narcotics Interdiction Unit are hereby abolished. the PDEA Academy shall be established either in Baguio or Tagaytay City.000. Transfer. rules and regulations for the proper implementation of this Act. clinics. further. which may include the use of their respective personnel. and resources for a more resolute detection and investigation of drug-related crimes and prosecution of the drug traffickers. Absorption. That at least fifty percent (50%) of all the funds shall be reserved for assistance to government-owned and/or operated rehabilitation centers. The graduates of the Academy shall later comprise the operating units of the PDEA after the termination of the transition period of five (5) years during which all the intelligence network and standard operating procedures of the PDEA has been set up and operationalized. That no previous special permit for such possession shall be required. are hereby constituted as a special account in the general fund for the implementation of this Act: Provided. (p) Coordinate with the Board for the facilitation of the issuance of necessary guidelines. office. such sums as may be necessary for the continued implementation of this Act shall be included in the annual General Appropriations Act. facilities. in coordination with the Board. until such time that the organizational structure of the Agency is fully operational and the number of graduates of the PDEA Academy is sufficient to do the task themselves: Provided. bureau. That no amount shall be disbursed to cover the operating expenses of the Board and other concerned agencies: Provided. The fines shall be remitted to the Board by the court imposing such fines within thirty (30) days from the finality of its decisions or orders. – The Narcotics Group of the PNP. the Narcotics Group of the PNP. He/she shall be appointed by the PDEA Director General.

and endowment from various sources.000. if needed. – Any member of law enforcement agencies or any other government official and employee who.00) but not more than Fifty thousand pesos (P50. unreasonable delay or deliberately causes the unsuccessful prosecution and/or dismissal of the said drug cases. The preliminary investigation of cases filed under this Act shall be terminated within a period of thirty (30) days from the date of their filing.CRIMINAL LAW REVIEWER month shall be set aside for the purpose of establishing adequate drug rehabilitation centers in the country and also for the maintenance and operations of such centers: Provided. ARTICLE XI Jurisdiction Over Dangerous Drugs Cases Section 90. That the said amount shall automatically be remitted by PAGCOR to the Board. to appear as a witness for the prosecution in any proceedings. statistics on crimes related to dangerous drugs. donations. Prosecution and punishment under this Section shall be without prejudice to any liability for violation of any existing law. That the said amount shall be taken from the fifty percent (50%) share of the National Government in the income of PAGCOR: Provided. be disbursed by the Dangerous Drugs Board. The fund may be augmented by grants. Management of Funds Under this Act. The number of courts designated in each judicial region shall be based on the population and the number of cases pending in their respective jurisdiction. inexcusable neglect. without any valid reason. The amount shall. the corresponding information shall be filed in court within twenty-four (24) hours from the termination of the investigation. The immediate superior of the member of the law enforcement agency or any other government employee mentioned in the preceding paragraph shall be penalized with imprisonment of not less than two (2) months and one (1) day but not more than six (6) years and a fine of not less than Ten thousand pesos (P10.000. The member of the law enforcement agency or any other government employee mentioned in the preceding paragraphs shall not be transferred or reassigned to any other government office located in another territorial jurisdiction during the pendency of the case in court. the concerned member of the law enforcement agency or government employee may be transferred or reassigned for compelling reasons: Provided.00) but not more than Fifty thousand pesos (P50. perpetual absolute disqualification from public office if despite due notice to them and to the witness concerned. – The Board shall manage the funds as it may deem proper for the attainment of the objectives of this Act. Jurisdiction. If the preliminary investigation is conducted by a judge and a probable cause is found to exist. Responsibility and Liability of Law Enforcement Agencies and other Government Officials and Employees in Testifying as Prosecution Witnesses in Dangerous Drugs Cases. the former does not exert reasonable effort to present the latter to the court. shall be punished with imprisonment of not less than twelve (12) years and one (1) day to twenty (20) years and a fine of not less than Five hundred thousand pesos (P500. When the preliminary investigation is conducted by a public prosecutor and a probable cause is established. Section 89. subject to the existing guidelines set by the government.000. fails or refuses intentionally or negligently. Provided. – Any government officer or employee tasked with the prosecution of drug-related cases under this act. the corresponding information shall be filed by the proper prosecutor within forty-eight (48) hours from the date of receipt of the records of the case.000. should he/she fail to notify the court of such order to transfer or re-assign. and such other relevant facts as it may deem proper to cite. domestic or foreign. through patent laxity. recommended remedial legislation. in turn. after due notice. an annual report on the dangerous drugs situation in the country which shall include detailed account of the programs and projects undertaken. Section 91. That his/her immediate superior shall be penalized with imprisonment of not less than two (2) months and one (1) day but not more than six (6) years and a fine of not less than Ten thousand pesos (P10. further. shall suffer the penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years 151 . involving violations of this Act. Delay and Bungling in the Prosecution of Drug Cases. However. The DOJ shall designate special prosecutors to exclusively handle cases involving violations of this Act. who. Section 88. That his/her immediate superior shall notify the court where the case is pending of the order to transfer or re-assign. for purposes related to their functions. in addition to the administrative liability he/she may be meted out by his/her immediate superior and/or appropriate body. Decision on said cases shall be rendered within a period of fifteen (15) days from the date of submission of the case for resolution. In addition to the periodic reports as may be required under this Act.00) and in addition.00).00) and in addition. Section 92. expenses incurred pursuant to the provisions of this Act. further. Annual Report by the Board and the PDEA. – All accounts and expenses of the Board and the PDEA shall be audited by the COA or its duly authorized representative.000. Trial of the case under this Section shall be finished by the court not later than sixty (60) days from the date of the filing of the information. subject to the rules and regulations of the Commission on Audit (COA). Auditing the Accounts and Expenses of the Board and the PDEA. within fifteen (15) days from the opening of the regular session. – The Supreme Court shall designate special courts from among the existing Regional Trial Courts in each judicial region to exclusively try and hear cases involving violations of this Act. perpetual absolute disqualification from public office. the Chairman of the Board shall submit to the President of the Philippines and to the presiding officers of both houses of Congress. within twenty-four (24) hours from its approval.

the penalties for the violations of this Act involving the two latter categories of drugs shall. Proceedings to reclassify. – There is hereby created a Congressional Oversight Committee composed of seven (7) Members from the Senate and seven (7) Members from the House of Representatives. add. The Members from the House of Representatives shall be appointed by the Speaker. duration. including compensation of all personnel. (f) Risk to public health. (c) To approve the budget for the programs of the Oversight Committee on Dangerous Drugs and all disbursements therefrom. the penalties for violations of the Act involving precursors and essential chemicals shall. and (g) Whether the substance is an immediate precursor of a substance already controlled under this Act. a public interest group concerned with drug abuse. among others: (a) To set the guidelines and overall framework to monitor and ensure the proper implementation of this Act. national and local law enforcement and regulatory agencies. PNP. including the manufacturer of a drug. addition. or other sources of information.CRIMINAL LAW REVIEWER without prejudice to his/her prosecution under the pertinent provisions of the Revised Penal Code. or remove a drug or other substance may be initiated by the PDEA. Addition or Removal of Any Drug from the List of Dangerous Drugs. Powers and Functions of the Oversight Committee. DOJ. addition to or removal from the list of any drug by publishing such notice in any newspaper of general circulation once a week for two (2) weeks. within five (5) days from the date of its promulgation submit to Congress a detailed reclassification. (d) Its history and current pattern of abuse. DepEd. it shall immediately begin its own investigation of the drug. (d) To submit periodic reports to the President of the Philippines and Congress on the implementation of the provisions of this Act. ARTICLE XIII Final Provisions Section 95. projects and policies relating to the implementation of this act. conventions and agreements to which the Philippines is a signatory. (e) To determine inherent weaknesses in the law and recommend the necessary 152 . The Board after notice and hearing shall consider the following factors with respect to each substance proposed to be reclassified. The Dangerous Drugs Board shall give notice to the general public of the public hearing of the reclassification. Section 96. – The Oversight Committee on Dangerous Drugs shall. addition or removal shall be as follows: (a) In case a dangerous drug is reclassified as precursors and essential chemicals. PAGCOR and the PCSO and all other concerned government agencies shall promulgate within sixty (60) days the Implementing Rules and Regulations that shall be necessary to implement the provisions of this Act. (b) In case a precursors and essential chemicals is reclassified as dangerous drug. all persons convicted and/or detained for the use and/or possession of such a drug shall be automatically released and all pending criminal prosecution involving such a drug under this Act shall forthwith be dismissed. Congressional Oversight Committee. Reclassification. Implementing Rules and Regulations. a medical society or association. When a petition is received by the Board. added or removed from control: (a) Its actual or relative potential for abuse. perform the following functions. be imposed in all pending criminal prosecutions. DOLE. (c) In case of the addition of a new drug to the list of dangerous drugs and precursors and essential chemicals. add to or remove from the list of dangerous drugs. in aid of legislation. ARTICLE XII Implementing Rules and Regulations Section 94. in case of conviction. (b) Scientific evidence of its pharmacological effect if known. The effect of such reclassification. a national or local government agency. The PDEA also may begin an investigation of a drug at any time based upon the information received from law enforcement laboratories. – The Board shall have the power to reclassify. a pharmacy association. DSWD. DILG. (b) To ensure transparency and require the submission of reports from government agencies concerned on the conduct of programs. or an individual citizen. (d) In case of removal of a drug from the list of dangerous drugs and precursors and essential chemicals. (e) The scope. The Members from the Senate shall be appointed by the Senate President based on the proportional representation of the parties or coalitions therein with at least two (2) Senators representing the Minority. – The present Board in consultation with the DOH. and significance of abuse. The Board shall also take into accord the obligations and commitments to international treaties. or by petition from any interested party. Section 93. or removal of any drug from the list of dangerous drugs. be imposed in all pending criminal prosecutions. no criminal liability involving the same under this Act shall arise until after the lapse of fifteen (15) days from the last publication of such notice. the DOH. in case of conviction. NBI. The Committee shall be headed by the respective Chairpersons of the Senate Committee on Public Order and Illegal Drugs and the House of Representatives Committee on Dangerous Drugs. (c) The state of current scientific knowledge regarding the drug or other substance. and (e) The Board shall. also based on proportional representation of the parties or coalitions therein with at least two (2) Members representing the Minority.

except in the case of minor offenders.000. Repealing Clause. private citizen. Limited Applicability of the Revised Penal Code.000. the provisions of the Revised Penal Code (Act No. such amount necessary for its continued operations shall be included in the annual General Appropriations Act. provision or portion thereof to any person. The Oversight Committee on Dangerous Drugs shall be assisted by a secretariat to be composed by personnel who may be seconded from the Senate and the House of Representatives and may retain consultants. – Republic Act No. Separability Clause. To carry out the powers and functions of the Oversight Committee on Dangerous Drugs. or parts thereof inconsistent with the provisions of this Act. rules and regulations. the penalty for acts punishable by life imprisonment to death provided herein shall be reclusion perpetua to death. and technical advice. the remainder of this Act shall not be affected by such declaration and shall remain in force and effect. – This Act shall take effect fifteen (15) days upon its publication in at least two (2) national newspapers of general circulation. is hereby repealed and all other laws. administrative orders. Effectivity. Section 101. 6425. Amending Clause. 7659 is hereby amended accordingly. shall not apply to the provisions of this Act. Section 100. 3814). – The Oversight Committee on Dangerous Drugs shall adopt its internal rules of procedure. Section 97. the initial sum of Twenty-five million pesos (P25. Thereafter. or any portion thereof. The Oversight Committee on Dangerous Drugs shall exist for a period of ten (10) years from the effectivity of this Act and may be extended by a joint concurrent resolution. functions and responsibilities as may be necessary to effectively attain the objectives of this Act. conduct hearings and receive testimonies.00) shall be charged against the current appropriations of the Senate. rule or regulation to the contrary. or any other person to testify before it. – If for any reason any section or provision of this Act. as amended. Section 102. and (f) To perform such other duties. reports. as amended. Adoption of Committee Rules and Regulations. and Funding. Section 98. – Notwithstanding any law. are hereby repealed or modified accordingly. or the application of such section.CRIMINAL LAW REVIEWER remedial legislation or executive measures. or require any person by subpoena duces tecum documents or other materials as it may require consistent with the provisions of this Act. Section 99. 153 . invite or summon by subpoena ad testificandum any public official. – Republic Act No. Where the offender is a minor. group or circumstance is declared invalid or unconstitutional.

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(3) Circumstances surrounding the act Jurisprudence: What acts constitute treason? CRIMES AGAINST THE LAW OF NATIONS (1) Art. 115: Conspiracy and Proposal Commit Treason (3) Art. Crimes against Public Order IV. 119) – The Philippines is not a party to an on-going war. as there is a need to bring the . Crimes against Persons IX. (2) To execute a treasonable design by force. General rule: Almost all of these are crimes committed in times of war. 120: Correspondence with Hostile Country (4) Art. Crimes against National Security and the Law of Nations CRIMES AGAINST SECURITY: (1) Art. The acts against national security may be committed abroad and still be punishable under our law. OR (2) brought to the Philippines pursuant to an extradition treaty. Crimes against Property XI. 155 A. Crimes committed by Public Officers VIII. In the case of crimes against the law of nations. prosecution can proceed only if the offender is: (1) within Philippine territory. Criminal Negligence offender here before he can be made to suffer the consequences of the law. 121: Flight to Enemy‘s Country (5) Art. Crimes against National Security II. Exceptions: The following can be committed in times of peace: (1) Espionage (Art 117) – This is also covered by Commonwealth Act No. 123: Qualified Piracy Remember: The crimes under this title can be prosecuted even if the criminal act or acts were committed outside the Philippine territorial jurisdiction. 118: Inciting to War or Giving Motives for Reprisals (2) Art. 122: Piracy in General and Mutiny on the High Seas or in Philippine Waters (6) Art. Article 114 – Treason MODE 1: Levying War Elements: (1) The offender is a Filipino or resident alien (2) There is a war in which the Philippines is involved (3) The offender levies war against the government MODE 2: Adherence to the Enemies Elements: (1) The offender is a Filipino or resident alien (2) There is a war in which the Philippines is involved (3) That the offender adheres to the enemies. or (2) Confession of accused in open court. Crimes against Honor XIV. Crimes against Chastity XII. 616 which punishes conspiracy to commit espionage. Crimes against national security can be tried only in the Philippines. 119: Violation of Neutrality (3) Art. Crimes against Public Interest V. Crimes against Public Morals VII. 116: Misprision of Treason (4) Art. and (4) Collaboration with foreign enemy or some foreign sovereign Two ways of proving treason (1) Testimony of at least two witnesses to the same overt act. However. the offender can be prosecuted whenever he may be found because the crimes are regarded as committed against humanity in general. Crimes against Fundamental Laws of the State III. (3) Violation of Neutrality (Art.CRIMINAL LAW REVIEWER Criminal Law 2 Criminal Law 1 Criminal Law 2 CRIMINAL LAW I. Crimes against Civil Status XIII. Crimes against Personal Liberty and Security X. giving them aid or comfort Requirements of ―levying war‖ (1) Actual assembling of men. Crimes relative to Opium and other Prohibited Drugs VI. 117: Espionage to 1. Crimes against Security Title I. (2) Inciting to War or Giving Motives for Reprisals (Art 118) – This can be committed even if the Philippines is not a participant. 114: Treason (2) Art. (3) Intent is to deliver the country in whole or in part to the enemy. This is one of the instances where the RPC may be given extra-territorial application under Article 2 (5) thereof.

being a Makapili is in itself constitutive of an overt act. The essence of the crime is that there are persons who conspire to commit treason and the offender knew this and failed to make the necessary report to the government within the earliest possible time. and deliberately augmenting the crimes by causing other wrongs not necessary in the commission thereof are inherent in the crime of treason and thus shall not be appreciated as aggravating circumstances. like a provincial commander. then the implication is that the government is already aware of it. Article 115 . not only in a single time. or (b) Adhere to the enemies. as an overt act. and is not a foreigner (2) He has knowledge of conspiracy to commit treason against the government (3) He conceals or does not disclose and make known the same as soon as possible to the governor or fiscal of the province in which he resides. Adriano] Treason cannot be complexed. What is required is to report it as soon as possible.Conspiracy and Proposal to Commit Treason Elements of conspiracy to commit treason: (1) There is a war in which the Philippines is involved (2) At least two persons come to an agreement to – (a) Levy war against the government. Testimonies of the witnesses should refer to the same overt act. [People vs. . [Cramer v. If an act is charged as an element of treason. or from the nature of the act itself or other circumstances [People vs. Prieto] Inherent acts in treason shall not be appreciated as aggravating The crime of treason is of such a nature that it may be committed by one single act. must be established by the deposition of two witnesses. giving them aid or comfort 3. giving them aid or comfort (3) That person proposes its execution to other persons (4) They decide to commit it Elements of proposal to commit treason (1) There is a war in which the Philippines is involved (2) At least one person decides to – (a) Levy war against the government. fiscal or governor). Perez] Testimony required to convict a person for treason The mere fact of having joined a Makapili organization is evidence of both adherence to the enemy and giving him aid and comfort. Adherence need not be proven by two witness testimonies – may be inferred from one witness. in the furtherance of the enemies’ hostile designs. At the same time. The government should elect to prosecute the accused specifically for those crimes instead of relying on them as elements of treason. or by several series thereof.CRIMINAL LAW REVIEWER To be treasonous. will already negate criminal liability. Any person in authority having the equivalent jurisdiction (of a mayor. membership as a Makapili.Misprision of Treason (asked once during 1994-96) Elements: (1) Offender owes allegiance to the government. or (b) Adhere to the enemies. [People vs. deed or physical activity usually punishable by law as opposed to a mental operation. it being a continuous crime. the extent of aid and comfort given to the enemies must be to render assistance to them as enemies and not as individuals. [People vs Victoria] NOTE: There can be no treason through negligence. which in the absence of admission may be gathered from the nature and circumstances of each particular case. Giving aid & comfort requires some kind of action. Article 116 . The criminal liability arises if the accused learned of the treasonous activity while still at the conspiratorial stage because if he learned of the treason when it had already erupted into an overt act. the aid of armed persons to insure or afford impunity. that act cannot be the subject of a separate punishment or used to increase the penalty of treason Separate prosecution for murder or physical injuries may be pursued if they are unrelated to treasonous intent. but in different times. The crime of treason was committed if he placed himself at the enemy's call to fight side by side with him when the opportune time came even though an opportunity never presented itself. testimony required to convict a person for treason Treason requires concurrence between adherence to the enemy & giving aid & comfort. The presence of the aggravating circumstances of treachery. Intent of disloyalty is a vital ingredient in the crime of treason. US] 156 2. or the mayor or fiscal of the city in which he resides Remember: Misprision of treason is a crime that may be committed only by citizens of the Philippines. However. by a series of acts.

Article 122 . . photographs or other data of a confidential nature relative to the defense of the Philippines MODE 2: By a public officer Elements: (1) That the offender is a public officer (2) That he has in his possession the articles. its equipment or personal belongings of its complement or passengers (4) There is intent to gain Acts Punished in Piracy: (1) Attacking or seizing a vessel on the high seas or in Philippine waters (2) Seizing the whole or part of its cargo. fort. natural.CRIMINAL LAW REVIEWER Blood relationship is always subservient to national security. Article 120 . by reason of the public office he holds (3) That he discloses their contents to a representative of a foreign nation 3. or (c) Containing notice or information which might be useful to the enemy Correspondence – communication by means of letters which pass between those who have friendly or business relations 4.Piracy in General and Mutiny on the High Seas or in Philippine Waters 2. Under the Revised Penal Code. plans. and adopted brothers and sisters. Accessories who are exempt from criminal liability. ascendants. complement or passengers while the vessel is on the high seas or in Philippine waters 19 Art. Article 121 . but as principals. not involved (2) There is a regulation issued by a competent authority to enforce neutrality (3) Offender violates the regulation Neutrality – takes no part in a contest of arms going on between other countries 157 4. Article 119 Neutrality - Violation of Elements (1) There is a war in which the Philippines is Elements: (1) The vessel is on the high seas or Philippine waters (2) Offenders are neither members of its complement nor passengers of the vessel (3) Offenders either – (a) Attack or seize that vessel. there is no crime of misprision of rebellion. data or information of a confidential nature relative to the defense of the Philippines. with the single exception of accessories falling within the provisions of paragraph 1 of the next preceding article. or naval or military establishment or reservation (2) That he has no authority therefor (3) That his purpose is to obtain information. descendants.Correspondence with Hostile Country Elements: (1) It is in time of war in which the Philippines is involved (2) Offender makes correspondence with an enemy country or territory occupied by enemy troops (3) The correspondence is either – (a) Prohibited by the government (b) Carried on in ciphers or conventional signs. legitimate. or relatives by affinity within the same degrees. — The penalties prescribed for accessories shall not be imposed upon those who are such with respect to their spouses. or (b) Exposure of Filipino citizens to reprisals on their persons or property 5. Article 117 – Espionage MODE 1: By a private individual Elements: (1) That the offender enters a warship. Article 2019 does not apply in this case because persons found liable for this crime are not considered accessories. or (b) Seize the whole or part of its cargo. 20.Flight to Enemy's Country Elements: (1) There is a war in which the Philippines is involved (2) Offender must be owing allegiance to the government (3) Offender attempts to flee or go to enemy country (4) Going to the enemy country is prohibited by competent authority B. Crimes against Nations the Law of 1. Article 118 .Inciting to War or Giving Motives for Reprisals Elements: (1) Offender performs unlawful or unauthorized acts (2) The acts provoke or give occasion for (a) A war involving or liable to involve the Philippines.

A private person may be liable under these articles ONLY WHEN he: (1) Conspires with a public officer.129: Search Warrants Maliciously Obtained and Abuse in the Service of those Legally Obtained (7) Art. 130: Searching Domicile Without Witnesses (8) Art. 131: Prohibition. the act of aiding pirates or abetting piracy is penalized as a crime distinct from piracy. 132: Interruption of Religious Worship (10) Art. piracy is qualified. homicide. 6. 125: Delay in the Delivery Of Detained Persons to the Proper Judicial Authorities (3) Art. homicide. or who directly or indirectly abets the commission of piracy. physical injuries or rape If any of the circumstances in Article 123 is present. Interruption and Dissolution of Peaceful Meetings (9) Art. (2) When the mutiny is accompanied by rape. Article 124 . such as giving them information about the movement of the police or other peace officers of the government. OR (2) He becomes an accomplice or accessory to said crimes ARTICLE 133 can be committed by EITHER a public officer OR a private person. once 1991-93. or personal belongings of its crew or passengers (4) The preceding were committed under any of the following circumstances: (a) Whenever they have seized a vessel by boarding or firing upon the same.Arbitrary Detention (asked twice 1975-82. 532 with respect to piracy in Philippine waters has not been incorporated into the RPC. Said section penalizes any person who knowingly and in any manner aids or protects pirates.Qualified Piracy (Asked twice 1983-90. albeit illegally. Also. 133: Offending the Religious Feelings Crimes under this title are those that violate certain provisions of the Bill of Rights. (b) Whenever the pirates have abandoned their victims without means of saving themselves. it is expressly provided in the same section that the offender shall be considered as an accomplice of the principal offenders and punished in accordance with the Revised Penal Code. or 1. there is still the crime of abetting piracy in Philippine waters under PD No. Neither may it be considered repealed by RA 7659 since there is nothing in the amendatory law which is inconsistent with said section. . or physical injuries Note: The first circumstance which qualifies piracy does not apply to mutiny. or in any manner derives any benefit therefrom. Article 123 . or acquires or receives property taken by such pirates. The primary offender in ARTICLES 124-132 is a public officer acting under supposed exercise of official functions. Murder. All offenses under this title can only be committed by public officers except offending the religious feelings under Article 133. murder. physical injuries are mere circumstances qualifying piracy and cannot be punished as separate crimes. 532. See also: (1) PD 532: Anti-Piracy and Anti-Highway Robbery (2) RA 6235: Anti-Hijacking Law (3) RA 9372: Human Security Act of 2007 158 Title II. Crimes against Fundamental Laws of the State (1) Art. or (c) Whenever the crime is accompanied by murder. once 2000-06) Elements: (1) The vessel is on the high seas or Philippine waters (2) Offenders may or may not be members of its complement. This provision of PD No. once 2000-06) Elements: (1) That the offender is a public officer or employee (2) That he detains a person (3) That the detention is without a legal ground The Crime of Arbitrary Detention assumes several forms: (1) Detaining a person without legal grounds (Article 124). or passengers of the vessel (3) Offenders either – (a) Attack or seize the vessel. 126: Delaying Release (4) Art. 127: Expulsion (5) Art. 532. Mutiny is qualified under the following circumstances: (1) When the offenders abandoned the victims without means of saving themselves. nor can they be complexed with piracy. Apparently. Although Article 123 refers to qualified piracy. or (b) Seize the whole or part of its cargo. rape. homicide. 128: Violation of Domicile (6) Art. its equipment. 124: Arbitrary Detention (2) Art.CRIMINAL LAW REVIEWER Abetting Piracy In Section 4 of Presidential Decree No. there is also the crime of qualified mutiny.

[Boado. Jurisprudence: ―Delivery‖ means the filing of correct information with the proper court (or constructive delivery -turning over the person arrested to the jurisdiction of the court). (Upon delivery. 18. At the beginning. Purpose is to determine whether the offense is bailable or not. Article 126 . [Astorga v. as the case may be (Article 125). Detention becomes arbitrary when the: (1) Applicable period lapses (2) Without the arresting officer filing a formal charge with the proper court. If the offender falsely imputes a crime against a person to be able to arrest him and appear not determined to file a charge against him. (2) The interrogation is initiated by law enforcement authorities. [Boado. [People v. Absent any physical restraint. Comprehensive Reviewer in Criminal Law] A case where a DENR team was invited to Mayor Astorga‘s house from 530pm to 230am for dinner and drinks. In a case decided by the Supreme Court a Barangay Chairman who unlawfully detains another was held to be guilty of the crime of arbitrary detention. [Milo v.CRIMINAL LAW REVIEWER (2) Having arrested the offended party for legal grounds but without warrant of arrest. A police officer who employs force in excess of what is necessary is acting outside the bounds of his duties and is considered acting in his private capacity. The crime committed is only grave or light threats if the offended party may still go to the place where he wants to go. Nighttime is NOT included in the period. the detention is legal since it is in the pursuance of a lawful arrest. the crime is arbitrary detention through unlawful arrest. an element of the said crime is fear. Only those public officers whose official duties carry with it the authority to make an arrest and detain persons can be guilty of this crime. It is an authoritative command that one can only defy at one’s peril. Comprehensive Reviewer in Criminal Law] Note: In the crime of arbitrary detention. OR (b) A proceeding upon a petition for the liberation of such person (3) Offender without good reason delays – (a) The service of the notice of such order 2.Delaying Release Elements: (1) Offender is a public officer or employee (2) There is a: (a) Judicial or executive order for the release of a prisoner or detention prisoner. Illegal Detention and Unlawful Arrest See Annex A. the same can be easily taken NOT as a strictly voluntary invitation. or (3) Delaying release by competent authority with the same period mentioned in number 2 (Article 126). or 36 hours. People (2004)] Difference between Arbitrary Detention. Salanga (1987)] There must be an actual restraint of liberty of the offended party. does not fall under Arbitrary Detention. Article 125 . [Sanchez v. The periods stated are counted only when the prosecutor‘s office is ready to receive the complaint or information. (3) The interrogation is inculpatory in character. and the public officer does not deliver the arrested person to the proper judicial authority within the period of 12.Delay in the Delivery of Detained Persons to the Proper Judicial Authorities Elements: (1) Offender is a public officer or employee . Demetriou (1993)] 159 3. even though there have been warnings. although the offender is a public officer. Tan (1998)] Where the invitation comes from a powerful group composed predominantly of ranking military officers and the designated interrogation site is a military camp. Chief of Police (1948)] The elements of custodial investigation are: (1) The suspect is deprived of liberty in any significant manner. No record on evidence showed that the mayor instilled fear into the minds of the DENR team while they were in the Mayor‘s house.) [Sayo v. This is because he is a person in authority vested with jurisdiction to maintain peace and order within his barangay. A public officer is deemed such when he is acting within the bounds of his official authority or function. (2) He detains a person for some legal ground (3) He fails to deliver such person to the proper judicial authorities within – (a) 12 hours for light penalties (b) 18 hours for correctional penalties (c) 36 hours for afflictive or capital penalties This is applicable ONLY WHEN the arrest is without a warrant. judge or court acquires jurisdiction to issue an order of release or of commitment of prisoner. not any public officer can commit this crime.

Finally. Manglapus (1989)] 5. According to People vs. (3) Evidence in plain view. under appropriate circumstances and in an appropriate manner. which underlies the recognition that a police officer may.CRIMINAL LAW REVIEWER to the prisoner (b) The performance of such judicial or executive order for the release of the prisoner. However. (4) Stop and frisk. Doria (1999) and People vs. AND (6) Consented warrantless search. provided that the officer first gives a notice of arrest. [Boado.Violation of Domicile Acts punished: (1) Entering any dwelling against the will of the owner thereof (2) Searching papers or other effects found therein without the previous consent of such owner. CA (1997)] ―Against the will‖ means that the offender ignored the prohibition of the owner which may be express or implied as when the door is closed even though not locked. Elamparo (2000). OR (3) Refusing to leave the premises. [Malacat v.Search Warrants Maliciously Obtained. it is a well-settled view that the right to return may be considered as a generally accepted principle of international law and. under the Constitution. (b) To make a search therein for papers or other effects. OR (c) The proceedings upon a petition for the release of such person (2) Papers or effects not constituting evidence of a crime are not returned immediately after the search made by the offender RULE 113 OF THE REVISED RULES OF COURT: a public officer. Lukban (1919)] The right to return to one‘s country is not among the rights specifically guaranteed in the Bill of Rights. Article 127 – Expulsion Elements: (1) Offender is a public officer or employee (2) He either – (a) Expels any person from the Philippines. (5) Customs searches. and Abuse in the Service of Those Legally Obtained Elements of procuring a search warrant without just cause: (1) Offender is a public officer or employee (2) He procures a search warrant (3) There is no just cause Elements of exceeding unnecessary severity in authority executing or using a search . the following are the accepted exceptions to the warrant requirement: (1) Search incidental to an arrest. However. Comprehensive Reviewer in Criminal Law] 160 4. which treats only of the Liberty of Abode and the right to travel. The public officer should have first given notice of an arrest. forms part of the law of the land. [M]ere suspicion or a hunch will not validate a "stop and frisk. incurs no liability WHEN a person to be arrested enters said premises and closes it thereafter. The constitutional guarantees invoked by the Marcoses are neither absolute nor inflexible for the exercise of such freedoms has limits and must adjust to the concerns which involve the public interest. approach a person for purposes of investigating possible criminal behavior even without probable cause. and (2) The more pressing interest of safety and self-preservation which permit the police officer to take steps to assure himself that the person with whom he deals is not armed with a deadly weapon that could unexpectedly and fatally be used against the police officer. [Villavicencio v. who breaks into the premises. after having surreptitiously entered said dwelling and after having been required to leave the same Elements COMMON to the three acts: (1) Offender is a public officer or employee (2) He is not authorized by judicial order – (a) To enter the dwelling. after having surreptitiously entered such dwelling and been required to leave the same Qualifying circumstances: (1) Night time 6. Article 129 . or (c) He refuses to leave. [Marcos v. (2) Search of moving vehicles. a "stop-and-frisk" serves a two-fold interest: (1) The general interest of effective crime prevention and detection. to warrant the belief that the person detained has weapons concealed about him. it is distinct and separate from the right to travel. in light of the police officer's experience and surrounding conditions. Article 128 . OR (b) Compels a person to change residence (3) Offender is not authorized to do so by law The city mayor of Manila committed the crime of expulsion when he ordered certain prostitutes to be transferred to Davao WITHOUT observing due process since they have not been charged with any crime." A genuine reason must exist.

the officer must: (1) leave a receipt in the place in which he found the seized property. and (3) He has given notice of his purpose and authority. powers with regard to such requirement.CRIMINAL LAW REVIEWER warrant (1) (2) (3) legally procured: Offender is a public officer or employee He has legally procured a search warrant He exceeds his authority or uses unnecessary severity in executing the same In the absence of such occupant.Interruption Religious Worship of Elements: (1) Offender is a public officer or employee (2) Religious ceremonies or manifestations of any religion are about to take place or are going on (3) Offender prevents or disturbs the same . Stricter rule. The warrant must direct that it be served in the daytime. any petition to the authorities for the correction of abuses or redress of grievances The government has a right to require a permit before any gathering can be made. a public officer or law enforcer can stop or dissolve the meeting. papers or other belongings of any person (4) The owner. this article is VIOLATED. either alone or together with others. without legal ground. AND (b) Things to be seized which may be anywhere in the Philippines An officer may break open any outer or inner door or window of a house or any part of a house or anything therein WHEN these circumstances concur: (1) He is refused admittance to the place of directed search. the participants committed illegal acts like oral defamation or inciting to sedition. HOWEVER. Article 131 Prohibition. the government only has regulatory. (2) In the presence of at least two witnesses of sufficient age and discretion residing in the same locality. and place of the gathering. If in the course of the assembly. in connection with one specific offense. to be determined personally by the judge AFTER examination under oath or affirmation of the complainant and the witness he may produce (2) Particular description of: (a) Place to be searched. Interruption and Dissolution of Peaceful Meetings Elements: (1) Offender is a public officer or employee (2) He performs any of the following acts: (a) Prohibiting or interrupting. or two witnesses residing in the same locality are not present RULE 116: SEARCH AND SEIZURE A search warrant is an order in writing (1) Signed by a judge (2) Directed to a peace officer. it can be served at any time of the day or night WHEN the affidavit asserts that the property is on the person or in the place ordered to be searched. The permit should state the day. or from attending any of its meetings (c) Prohibiting or hindering any person from addressing. or any members of his family. 161 7. Article 130 . The officer seizing the property under the warrant must give a detailed receipt for the same to the lawful occupant of the premises in whose presence the search and seizure were made. commanding him to search for personal property described therein and bring it before the court Requisites for issuing a search warrant: (1) Probable cause. Two criteria to determine whether this article would be violated: (1) Dangerous tendency rule – applied during times of national unrest such as to prevent coup d‘etat. the holding of a peaceful meeting. A search warrant shall be valid for ten (10) days from its date. Article 132 . time. Thereafter. If the permit is denied arbitrarily. or by dissolving the same (b) Hindering any person from joining any lawful association. 9. NOT PROHIBITORY. 8. HOWEVER. (2) His purpose is to execute the warrant to liberate himself or any person lawfully aiding him when unlawfully detained therein. (2) Clear and present danger rule – applied during times of peace.Searching Domicile without Witnesses Elements: (1) Offender is a public officer or employee (2) He is armed with search warrant legally procured (3) He searches the domicile. OR the officer dictates the place where the meeting is to be held. it shall be void. which started out peacefully.

Conspiracy and Proposal to Commit Coup d‘ État.Direct Assault (17) Article 149 .Penalty for Rebellion. Chapter I – Rebellion.Offending the Religious Feelings Elements: (1) Acts complained of were performed in a place devoted to religious worship.Acts Tending to Prevent the Meeting of the Congress of the Philippines and Similar Bodies (12) Article 144 .Illegal Assemblies (15) Article 147 . by the Constitutional Commissions. Article Elements: 134 /Insurrection - Rebellion .Conspiracy to Commit Sedition (9) Article 142 – Inciting to Sedition (10) Article 140 .Violation of Parliamentary Immunity (14) Article 146 . Its Committees. Insurrection or Coup d‘ État (4) Article 136 .Tumults and Other Disturbances of Public Order (20) Article 151 . Coup d’etat.Inciting to Rebellion or Insurrection (7) Article 139 – Sedition (8) Article 141 .Disloyalty of Public Officers or Employees (6) Article 138 .Evasion of Service of Sentence on the Occasion of Disorders.Disturbance of Proceedings (13) Article 145 .Persons Liable for Sedition (11) Article 143 . Tengson) The crime is only UNJUST VEXATION when the act is NOT directed at the religious belief itself and there is no intention of causing so serious a disturbance as to interrupt a religious ceremony.Indirect Assault (18) Article 150 .Alarms and Scandals (24) Article 157 .Rebellion/Insurrection (2) Article 134-A . Crimes against Public Order (1) Article 134 . (Note: This later became the majority decision in People v. Baes (1939)] Laurel Dissent: The determination should NOT be made to depend upon a more or less broad or narrow conception of any given religion.Other Cases of Evasion of Service of Sentence (26) Article 158 . Subcommittees or Divisions (19) Article 153 . Its Committees or Subcommittees. Sedition and Disloyalty 1. is a question of fact which must be adjudged only according to the feelings of the Catholics and not those of other faithful ones. OR during the celebration of any religious ceremony (2) The acts must be notoriously offensive to the feelings of the faithful Jurisprudence: A Catholic priest complained against a group that passed by the churchyard as they were holding the funeral rites of a Church of Christ member. 162 Article 133 .Unlawful Use of Means of Publication and Unlawful Utterances (22) Article 156 .Quasi Recidivism A. Earthquakes. Nanoy] See also: (1) RA 9372 : Human Security Act (2) RA 9745: Anti-Torture Act Title III.Delivering Persons from Jail (23) Article 155 .Coup d‘ État (3) Article 135 .CRIMINAL LAW REVIEWER 10. [People v. An act is NOTORIOUSLY OFFENSIVE to the religious feelings when a person: (1) Ridicules or makes light of anything constituting religious dogma (2) Works or scoffs at anything devoted to religious ceremonies (3) Plays with or damages or destroys any object of veneration of the faithful WON an act is offensive to the religious feelings. Facts and circumstances should be viewed through an unbiased judicial criterion. Conflagrations. or Other Calamities (27) Article 160 .Illegal Associations (16) Article 148 . Rebellion or Insurrection (5) Article 137 .Resistance and Disobedience to a Person in Authority or the Agents of Such Persons (21) Article 154 .Evasion of Service of Sentence (25) Article 159 . [People v.Disobedience to Summons Issued by Congress.

it would also constitute adherence to the enemy. Lovedioro (1995)] Rebellion vs. which are mere components or ingredients. the accused should be convicted of the common crime (e. (2) It is committed by means of a swift attack accompanied by violence.Coup d’ État (asked twice 1991-93 . but absorbs other crimes committed in furtherance of rebellion. The purpose may be political or social. intimidation. The purpose is always political.CRIMINAL LAW REVIEWER (1) There is a public uprising and taking arms against the government. four times 1997-06) Elements: (1) Offender is a person or persons belonging to the military or police or holding any public office or employment. Treason Rebellion The levying of war against the government during peace time for any purpose mentioned in Art. 2 on extraterritorial jurisdiction. (4) The purpose of the attack is to seize or diminish state power. insurrection is a movement seeking to effect some change of minor importance. become absorbed in the crime of rebellion and cannot be isolated and charged as separate crimes themselves. . or other armed forces. or any body of land. Persons who may commit coup d‘etat: (1) It may be committed singly or collectively (2) Requires as a principal offender a member of the AFP. or a public officer with or without civilian support 3. giving him aid and comfort Mere adherence to the enemy giving him aid and comfort NOTE: No crime of misprision of rebellion. If the political motive of a supposedly rebellious act cannot be sufficiently proven. threat. Jurisprudence: The doctrine laid down in People v. either as a means to its commission or as an unintended effect of an activity that constitutes rebellion. 134 Treason The levying of war against the government would constitute treason when performed to aid the enemy. (3) The attack is directed against the duly constituted authorities of the Republic of the Philippines. Rebellion vs. Hernandez remains good law. the crime is direct assault of the first form. whether punishable under special or general law. This prohibits the complexing of rebellion with any other offense committed in the occasion thereof. maintains or heads a rebellion or insurrection. [Enrile v Salazar (1990)] All crimes. wholly or partially. Article 135 Penalty for Rebellion. Insurrection The object of rebellion is to completely overthrow and supplant the existing government. of any of their powers or prerogatives. which repealed RA 1700. Sedition Rebellion There must be taking up of arms against the government. directs or commands others to undertake a coup d'etat. or (b) Any person who leads. Persons liable for rebellion. NOTE : When any of the objectives of rebellion is pursued but there is no public uprising in the legal sense.g. communication networks. Rebellion is not covered by Art. Subversion Rebellion Crime against pubic order There must be public uprising to overthrow the government Subversion Crime against national security Being officers and ranking members of subversive groups constitute subversion 163 NOTE: There is no longer a crime of subversion by virtue of RA 7636. Sedition It is sufficient that the public uprising be tumultuous. naval. insurrection or coup d'etat (1) The leaders: (a) Any person who promotes. PNP. There is no complex crime of rebellion with murder and other common crimes. On the other hand. Rebellion vs. 2. or (b) To deprive the Chief Executive or Congress. strategy or stealth. Rebellion vs. [Ponce Enrile v Amin (1990)] Both motive and overt acts are essential components of the crime of rebellion. Article 134-A . or committed in furtherance thereof. murder) and not of rebellion. [People v. public utilities or other facilities needed for the exercise and continued possession of power. or any military camp or installation. (2) The purpose of the uprising or movement is: (a) To remove from the allegiance to the government or its laws the Philippine territory or any part thereof. Insurrection or Coup d’ État Always involves taking up arms against the government. or to prevent the exercise of governmental authority with respect to particular matters or subjects [Reyes] Rule on Complexing of Rebellion: Rebellion cannot be complexed with.

finances. The person who proposes The act of inciting is the execution of the done publicly.Conspiracy and Proposal to Commit Coup d’ État. (3) Purpose is to attain any of the following objects: (a) To prevent the promulgation or execution of any law or the holding of any popular election. (b) Any person in the government service who participates or executes directions or commands of others in undertaking a coup d‘etat. (3) The inciting is done by means of speeches. Rebellion should not be actually committed by the persons to whom it is proposed or who are incited. supports. emblems. If under the command of unknown leaders. (b) Continuing to discharge the duties of . Proposal to Commit Inciting to Rebellion Rebellion The offender induces another to commit rebellion. or other means outside of legal methods. their offices under the control of the rebels (c) Accepting appointment to office under them. Conspiracy vs. any person who directed the others. (2) He incites others to the execution of any of the acts of rebellion. Note: Mere silence or omission is not punishable. Proposal to Commit 4. NOTE: There is no crime of inciting to treason. The crime presupposes rebellion committed by other persons. (2) Offender commits any of the following acts: (a) Failing to resist a rebellion by all the means in their power. they become principals by inducement in the crime of rebellion. Article 139 . or prevent the execution of an administrative order. Rebellion or Insurrection Mode 1: Conspiracy to commit coup d’état. (e) To despoil for any political or social 5. intimidation.] The person who proposes There is no need that has decided to commit the offender has decided rebellion.Inciting to Rebellion or Insurrection Elements: (1) Offender does not take arms or is not in open hostility against the government. proclamations. Proposal Conspiracy—when two or more persons come to an agreement to rise publicly and take arms against government for any of the purposes of rebellion and decide to commit it. 7. any act of hate or revenge against private persons or any social classes. Proposal—when the person who has decided to rise publicly and take arms against the government for any of the purposes of rebellion proposes its execution to some other person or persons. Article 136 . (b) To prevent the national government or any provincial or municipal government or any public officer from exercising its or his functions. Article 138 .Sedition (asked once) Elements: (1) Offenders rise publicly and tumultuously. signed receipts and other documents issued in their name on behalf of the rebels shall be deemed a leader. Inciting to Rebellion Rebellion vs. crime uses secret means. (d) To commit. (2) Such person proposes its execution to some other person or persons. [Otherwise. Mode 2: Proposal to commit rebellion or insurrection coup d’état. (2) Offenders employ force. banners or other representations tending to the same end. Effect of conspiracy: Public officer is himself guilty of rebellion. to commit rebellion. rebellion or insurrection Elements: (1) Two or more persons come to an agreement to swiftly attack or to rise publicly and take arms against the Government for any of the purposes of rebellion or insurrection. for any political or social end. abets or aids in undertaking a coup d'etat. (2) They decide to commit it. Article 137 . (c) Any person not in the government service who participates. spoke for them.Disloyalty of Public Officers or Employees Elements: (1) Offender is a public officer or employee. Elements: (1) A person has decided to swiftly attack or to rise publicly and take arms against the Government for any of the purposes of rebellion or insurrection. Offender must not be in conspiracy with the rebels.CRIMINAL LAW REVIEWER (2) The participants: (a) Any person who participates or executes the commands of others in rebellion or insurrection. writings. (c) To inflict any act of hate or revenge upon the person or property of any public officer or employee. 164 6.

Coup d’etat Offender belongs to the military or police or holding any public office or employment To seize or to diminish state power Treason It is the violation by a subject of his allegiance to his sovereign. [US v Tolentino (1906)] 9. which tend to disturb the public peace. quite broad. Mode 3. Tumultuous: If caused by more than three persons who are armed or provided with the means of violence. Elements: (1) Offender does not take direct part in the crime of sedition. Article 142 is. Article 140 . proclamations. 8294. (Boado.A. Uttering seditious words or speeches which tend to disturb the public peace. hence. (b) Tend to instigate others to cabal and meet together for unlawful purposes. (2) He uttered words or speeches and writing. it is not an aggravating circumstance. (Art.Persons Liable for Sedition (1) The leader of the sedition. Coup d’etat Sedition There is no distinction as to who may commit. (c) Suggest or incite rebellious conspiracies or riots. any act that will generate hatred against the government or a public officer concerned or a social class may amount to Inciting to Sedition. . and Dangerous Tendency The manifest. 10. any person. therefore. Sedition vs. or other representations tending towards the same end. (2) He incites others to the accomplishment of any of the acts which constitute sedition by means of speeches. Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches.CRIMINAL LAW REVIEWER end. or the national government of all its property or any part thereof. emblems. and the offender can no longer be prosecuted for illegal possession of firearm. NOTE: There is no proposal to commit sedition. in view of the time. or circulating scurrilous libels against the government or any of the duly constituted authorities thereof. (2) They decide to commit it. unmistakable tendency of the dramatic play. (2) Other person participating in the sedition. emblems. [People v Cabrera (1922)] 8. Article 141 Commit Sedition Conspiracy to Elements: (1) Two or more persons come to an agreement and a decision to rise publicly and tumultuously to attain any of the objects of sedition. publishing. was to inculcate a spirit of hatred and enmity against the American people and the Government of the US in the Philippines. etc. The Court held that unlike the crime of rebellion. publishing or circulating scurrilous libels and that (a) Tend to disturb or obstruct any lawful officer in conducting the functions of his office. OR (d) Lead or tend to stir up the people against the lawful authorities or to disturb the peace of the community. Comprehensive Reviewer in Criminal Law). Mode 2. writings. Under R. sedition absorbs the use of unlicensed firearm as an element thereof. Constitutional Tests relative to seditious words: Clear and Present Danger. Treason Sedition It is the raising of commotions or disturbances in the State. place. common crimes committed in the occasion of sedition are to be appreciated as separate crimes. the safety and order of the government Considering that the objective of sedition is to express protest against the government and in the process creating hate against public officers. banners. Article Sedition 142 – Inciting to Mode 1. 163) The purpose of this crime is not the overthrowing of the government but the violation of public peace. and manner of its presentation. Elements: (1) Offender does not take part in the crime of sedition. a private individual may commit the offense Primary purpose is to disturb public peace Sedition vs. writings. 165 A friction between the Philippine constabulary and the Manila police escalated and resulted in the deaths of 6 policemen and 2 civilians and in the serious injuries of 3 civilians. cartoons. Writing. municipality or province. proclamations.

Acts Tending to Prevent the Meeting of the Congress of the Philippines and Similar Bodies special session. Mode 2: Any meeting in which the audience. (2) Offender. Elements: (1) There is a projected or actual meeting of Congress or any of its committees or subcommittees. One who disturbs may also be punished for contempt by Congress. Chapter III – Illegal Assemblies and Associations 1. They can be prosecuted after Congress adjourns. (2) The meeting is attended by armed persons. except in case such member has committed a crime punishable under the Code by a penalty higher than prision mayor. is in regular or special session. C. Article 144 Proceedings - Disturbance of Elements: (1) There is a meeting of Congress or any of its committees or subcommittees. rebellion or insurrection. 3. Article 146 . Chapter II . Article 143 . is incited to the commission of the crime of treason. Article Mode 1: 145 Violation Parliamentary Immunity of Using force. constitutional commissions or committees or divisions thereof.Illegal Assemblies (asked once 1983-86) (See RA 8294) Mode 1: Any meeting attended by armed persons for the purpose of committing any of the crimes punishable under the Code. whether armed or not. rebellion or insurrection. Elements: (1) There is a meeting. (3) Congress. or of any provincial board or city or municipal council or board.Crimes against Popular Representation 1. (2) The purpose of the offender is to prevent any member of Congress from: (a) Attending the meetings of the Congress or of any of its committees or constitutional commissions. Complaint may be filed by a member of the legislative body. while Congress is in session. 2. Elements: (1) Offender uses force. OR (c) Casting his vote. or frauds to prevent any member of Congress from attending the meetings of Congress or of any of its committees or subcommittees. (2) The audience. prevents such meetings by force or fraud. Parliamentary immunity does not protect members of Congress from responsibility in accordance with the disciplinary rules of Congress itself. Elements: (1) Offender is a public officer of employee. (2) Offender does any of the following acts: (a) He disturbs any of such meetings. whether armed or not.CRIMINAL LAW REVIEWER 166 B. Elements: (1) There is a meeting. threats or fraud. Persons liable for illegal assembly: (1) The organizer or leaders of the meeting. a gathering or group of persons. threats. constitutional committees or divisions thereof. sedition. constitutional commissions or committees or divisions thereof. or from expressing his opinion or casting his vote. 1987 Constitution: Members of Congress cannot be arrested for offenses punishable by a penalty less than prision mayor (6 yrs and 1 day to 12 yrs). (3) The purpose of the meeting is to commit any of the crimes punishable under the Code. (b) Expressing his opinion. intimidation. is incited to the commission of the crime of treason. whether in a fixed place or moving. intimidation. who may be any person. or of any provincial board or city or municipal council or board. whether in a fixed place or moving. a gathering or group of persons. sedition or direct assault. at the time of arrest or search. (2) He arrests or searches any member of Congress. or assault upon person in authority or his agents. (b) He behaves while in the presence of any such bodies in such a manner as to interrupt its proceedings or to impair the respect due it. Note: Offender in mode 1 is any person Mode 2: Arresting or searching any member thereof while Congress is in regular or . (4) The member arrested or searched has not committed a crime punishable under the Code by a penalty higher than prision mayor.

(2) The person assaulted is a person in authority or his agent. (5) There is no public uprising. makes a serious intimidation. The only time when it is not complexed is when material consequence is a light felony. the assault on him is an aggravating circumstance in Art. (2) Mere members of the association. no. leaders of the directors. Elements: (1) Offender employs force or intimidation.CRIMINAL LAW REVIEWER (2) Persons merely present at the meeting. Presumptions if a person carried an unlicensed firearm: (1) The purpose of the meeting insofar as he is concerned is to commit acts punishable under the RPC (2) He is considered a leader or organizer of the meeting.Public Assembly Act of 1985 Elements: (1) Offender makes an attack. while engaged in the performance of official duties. . Intimidation or resistance must be serious whether the offended party is a person in authority OR an agent of a person in authority If the public officer is not a person in authority. Persons in Authority and Their Agents 1. 14. not limited to good customs Illegal Assemblies vs. of direct assault: simple and Assault is qualified when: (1) There is a weapon employed in the attack (2) The offender is a public officer (3) The offender lays hands on a public authority When the assault results in the killing of that agent or of a person in authority. Comprehensive Reviewer in Criminal Law). by attacking. (2) The aim of the offender is to attain any of the purposes of the crime of rebellion or any of the objects of the crime of sedition. (2) Associations totally or partially organized for some purpose contrary to public morals. Persons liable for illegal associations: (1) Founders. The first form of direct assault is tantamount to rebellion or sedition. (Boado.Illegal Associations (1) Associations totally or partially organized for the purpose of committing any of the crimes punishable under the Code. by employing force or by seriously intimidating or by seriously resisting any person in authority or any of his agents.Direct Assault (asked twice 1975-79. (4) Offender knows that the one he is assaulting is a person in authority or his agent in the exercise of his duties. slight physical injury. Classifications qualified. except that there is no pubic uprising. NOTE: Not all persons present at the meeting of the first form of illegal assembly must be armed. by employing force or intimidation for the attainment of any of the purposes enumerated in defining the crimes of rebellion and sedition. the offense committed is complex crime of direct assault with murder or homicide. the person in authority or his agent is engaged in the actual performance of official duties. once 1987-89. Without public uprising. employs force. Direct assault absorbs the lighter felony. Chapter IV . Illegal Associations Illegal Assembly Illegal Association There must be an actual Actual meeting not meeting or assembly necessary What is punished are the What is punished is the meeting and the act of forming or attendance therein organizing the association Persons liable: Persons liable: (1) Organizers or (1) Founders. or on occasion of such performance. that is. Mode 2. OR that he is assaulted by reason of the past performance of official duties. meeting president (2) Persons present at (2) The members the meeting See also: BP 880 . 167 2. 3 (rank).Assault upon and Resistance and Disobedience to. Article 147 . or makes a serious resistance. directors and president of the association. Article 148 . once 2000-06) Mode 1. Without public uprising. who must have a common intent to commit the felony of illegal assembly. Public Morals: matters which affect the interest of society and public convenience. The force employed need not be serious when the offended party is a person in authority. (3) At the time of the assault. (3) There is no public uprising. D.

Any assault on him on the occasion of his aiding a person in authority or his agent is indirect assault. 2. Article 149 . (3) Offender makes use of force or intimidation upon such person coming to the aid of the authority or his agent. its special or standing committees and subcommittees. 207)  A person in authority includes a barangay chairman and members of the Lupong Tagapagkasundo as provided under the Local Government Code. the crime committed was murder with assault upon a person in authority. [Boado] Mode 1. papers. Mode 2: Simple disobedience Elements: (1) An agent of a person in authority is engaged in the performance of official duty or gives a lawful order to the offender. By refusing to answer any legal inquiry or to produce any books. 152 clothes any person who comes to the aid of a person in authority with the fiction of an agent of a person in authority. subcommittees or divisions. Public Officer (Art. Thus. 148 and 151. public order and the protection and security of life and property. By refusing to be sworn or placed under affirmation while being before such legislative or constitutional body or official. some court or authority. Article 152 . 3. 152) Agents of a Person in Authority (Art.Indirect Assault Elements: (1) A person in authority or his agent is the victim of any of the forms of direct assault defined in Article 148. (2) Offender resists or seriously disobeys such person in authority or his agent. 152) Any person Any person Any person who takes part directly vested who. 168 4. by direct in the with provision of law performance jurisdiction. or by any commission or committee chairman or member authorized to summon witnesses. without legal excuse. 152 in relation to Arts. when required by them to do so in the exercise of their functions. . and in connection with their duties. 149 and 150. 5.CRIMINAL LAW REVIEWER There must be however an intent to disregard the victim’s rank.  The testimony of a person summoned must be upon matters into which the legislature has jurisdiction to inquire. by the Constitutional Commissions. (2) A person comes to the aid of such authority or his agent. [People v.  Teachers. or by election of public whether as an or by functions in individual or as appointment by the a member of competent government.Disobedience to Gabutero was acting in the performance of his duties [as he was trying to pacify Dollantes who was causing trouble] as barangay captain when he was stabbed to death. is governmental charged with corporation. Article 150 . Mode 3. (3) The act of the offender is not included in the provision of Articles 148.Persons in Authority and Agents of Persons in Authority Persons in Authority (Art. twice 2000-06) Mode 1: Elements: (1) A person in authority or his agent is engaged in the performance of official duty or gives a lawful order to the offender.    Indirect assault can only be committed when a direct assault is also committed. lawyers and heads of schools recognized by government are persons in authority only for purposes of Art. the board or maintenance of commission. or records in his possession. Mode 5. Its Committees. to obey summons of Congress. Dollantes (1987)] Summons Issued by Congress. Mode 2. Mode 4. Article 151 . By inducing disobedience to a summons or refusal to be sworn by any such body or official. documents. By restraining another from attending as a witness in such legislative or constitutional body. Art. Its Committees or Subcommittees.Resistance and Disobedience to a Person in Authority or the Agents of Such Persons Resistance and serious disobedience (asked once 1979-82. Subcommittees or Divisions By refusing. the Constitutional Commissions and its committees.

association or public place. this article applies.Unlawful Use of Means of Publication and Unlawful Utterances Publishing or causing to be published. or before they have been published officially Printing. functions or gatherings. by the same means or by words. Maliciously publishing or causing to be published any official document or resolution without proper authority. or. the offender must know that the news is false. Mode 4: Mode 3: Mode 4: To be liable.Tumults and Other Disturbances of Public Order Mode 3: Mode 1: Mode 2: Causing any serious disturbance in a public place. Burying with pomp the body of a person who has been legally executed. Mode 1. calculated to cause (which produces) alarm or danger. if the act is not included in Arts.   If done with intent to commit rebellion or sedition: The crime is inciting to rebellion or sedition.  The accused must have knowledge that the person giving the order is a peace officer. pamphlets. publishing or distributing (or causing the same) books. rocket. E. or other explosive within any town or public place. lithography or any other means of publication. (3) Such disobedience is not of a serious nature. Interrupting or disturbing performances. Mode 2 above) There is force employed 2. 148. or peaceful meetings. Direct Assault Serious Disobedience Direct Assault Person in authority or his agent must be in actual performance of his duties The person in authority or his agent must be engaged in the performance of official duties or that he is assaulted by reason thereof Committed in four ways (see Art. This article applies if the disturbance is not caused by a public officer. he is a participant therein. if it is committed by a public officer. If done unconsciously or without intent to incite the listeners to rise to sedition or rebellion. justifying or extolling any act punished by law. Article 153 . Making any outcry tending to incite rebellion or sedition in any meeting. Mode 5:  Serious disturbance must be planned or intended. firecracker. or which are classified as anonymous. 3.Public Disorders 1. Definition of ―tumultuous‖: If caused by more than 3 persons who are armed or provided with the means of violence Definition of ―burying with pomp the body of a person‖: ostentatious display of a burial 169  Serious Disobedience vs.CRIMINAL LAW REVIEWER (2) Offender disobeys such agent of a person in authority.Alarms and Scandals Mode 1: Discharging any firearm. or cause damage to the interest or credit of the State. 131 and 132. Article 154 . Definition of ―outcry‖: to shout subversive or provocative words tending to stir up the people to obtain by means of force or violence any of the objects of rebellion or sedition. periodicals. Encouraging disobedience to the law or to the constituted authorities or praising. by means of printing. Displaying placards or emblems which provoke a disturbance of public order in such place. office or establishment. Committed only by resisting or seriously disobeying a person in authority or his agent Use of force is not so serious Mode 2. or leaflets which do not bear the real printer’s name. Instigating or taking an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility. as news any false news which may endanger the public order. Article 155 . Actual public disorder or actual damage to the credit of the State is not necessary. Chapter V . utterances or speeches. Disturbing the public peace while wandering about at night or while  Mode 2:  Mode 3: .

windows. Art 223 would have applied. 4.CRIMINAL LAW REVIEWER engaged in any amusements. gates. deceit. violence or intimidation. 153 is not applicable.Evasion of Service of Sentence 1. [Alberto v. Cledera. (Reyes) F. conflagration or mutiny has been announced as already passed under Article 158. Hence. false keys. (3) He evades service of his sentence by escaping during the term of his imprisonment. Definition of charivari: includes a medley of discordant voices. horns. that one is grave scandal in Article 200. Chapter VI . roofs or floors. By using picklock. 156 is committed by a public officer when he is not the custodian of the prisoner at the time the prisoner was made to escape. he does not incur liability from escaping if he does not know of the plan to remove him from jail. If the prisoner who escapes is only a detention prisoner. or Through connivance with other convicts or employees of the penal institution. however. or connived in. (3) Violating the condition of conditional pardon under Article 159. tin. (2) Delivery of the prisoner from jail [stranger]. Scandal here does not refer to moral scandal. that counts. (2) He is serving sentence which consists in the deprivation of liberty. a mock serenade of discordant noises made on kettles. or helps the escape of such person. the offender may be a public officer or a private citizen. In both acts. the custodian and the prisoner – three crimes are committed: (1) Infidelity in the custody of prisoners [public officer-custodian]. The crime alarms and scandal is only one crime. As public officials who have the custody or charge of the prisoner. and not the intent. and (3) Evasion of service of sentence [prisoner]. that the prisoner immediately returned is immaterial. Article 156 . he himself becomes liable for delivering prisoners from jail as a principal by indispensable cooperation. Any kind of disturbance of public order where the circumstance at the time renders the act offensive to the tranquility prevailing. . Qualifying circumstances as to penalty imposed if such evasion or escape takes place: By means of unlawful entry (this should be ―by scaling‖ . The essence of the crime is disturbance of public tranquility and public peace. once 2000-06) Elements: (1) There is a person confined in a jail or penal establishment. the result. there is no sufficient evidence to warrant their prosecution for infidelity in the custody of prisoner. etc. But if such prisoner knows of the plot to remove him from jail and cooperates therein by escaping. the crime is committed. 156. 223. If the public officer has the custody of the prisoner when such prisoner escaped he is liable under Art.Delivering Persons from Jail (asked once 1987-89. It is necessary that the public officer had consented to. disguise. the escape of the prisoner under his custody or charge. once 1987-90) Elements: (1) Offender is a convict by final judgment. correlate the crime of delivering person from jail with infidelity in the custody of prisoners punished under Arts. Article 157 . Evasion of service of sentence has three forms: (1) By simply leaving or escaping from the penal establishment under Article 157. as the governor. designed to annoy or insult NOTE: ―Calculated to cause‖ should be ―which produces‖ alarm and danger according to the correct translation of the RPC. Esmeralda is the Assistant Provincial Warden. (2) Offender removes therefrom such person. conflagration or mutiny and such calamity. walls. they cannot be prosecuted under Art.Evasion of Service of Sentence (asked once 1975-79. In leaving or escaping from jail or prison. (2) Failure to return within 48 hours after having left the penal establishment because of a calamity. other nocturnal If three persons are involved – a stranger. By breaking doors. Crime under Art. is the jailer of the Province. In relation to infidelity in the custody of prisoners. Dela Cruz (1980)] 170 Mode 4: Causing any disturbances or scandal in public places while intoxicated or otherwise.Reyes). provided Art. 223 for Infidelity in the custody of a prisoner. 224 and 225 of the Revised Penal Code.

3. G. Chapter VII . 2.Counterfeiting the Great Seal of the Government of the Philippine Islands. (4) He fails to give himself up to the authorities within 48 hours following the issuance of a proclamation by the Chief Executive announcing the passing away of such calamity.Using Forged Signature or Counterfeit Seal or Stamp (2) Article 161 .Commission of Another Crime during Service of Penalty Imposed for Another Previous Offense 1. It is the failure to return within 48 hours after the passing of the calamity. as a rule. or Other Calamities Elements: (1) Offender is a convict by final judgment. Article 159 . (2) He was granted a conditional pardon by the Chief Executive. or (e) mutiny in which he has not participated. If the prisoner fails to return within said 48 hours. those who return within 48 hours are given credit or deduction from the remaining period of their sentence equivalent to 1/5 of the original term of the sentence. (3) He violated any of the conditions of such pardon. In violation of conditional pardon.Evasion of Service of 171 Sentence on the Occasion of Disorders.CRIMINAL LAW REVIEWER It may be mitigating. conflagration or mutiny had been announced. Earthquakes. (d) similar catastrophe. Article 158 . Conflagrations. Title IV. (c) explosion. (2) There is disorder. Under Article 158. Evasion of Service of Sentence by Escaping Violation of Conditional Evasion of Service of Pardon Sentence Does not cause harm or An attempt at least to injury to the right of evade the penalty another person nor does inflicted by the courts it disturb the public upon criminals and thus order. that is. Article 160 . In no case shall that penalty exceed six months. shall be imposed but the 1/5 penalty is based on the remaining period of the sentence. See Also: (1) PD 1866 as amended by RA 8294: Illegal Possession of Firearms (2) RA 9372: Human Security Act Distinction between Habitual Delinquency. the violation will amount to this crime only if the H. continue serving original penalty. Violation of Conditional Pardon vs.Other Cases of Evasion of Service of Sentence Elements: (1) Offender was a convict. (b) earthquake. If the condition of the pardon is violated when the remaining unserved portion of the sentence has already lapsed. Crimes against Public Interest Acts of Counterfeiting (1) Article 162 . on the occasion of such disorder or during the mutiny. there will be no more criminal liability for the violation. (2) He committed a new felony before beginning to serve such sentence or while serving the same. Mutiny is one of the causes which may authorize a convict serving sentence in the penitentiary to leave the jail provided he has not taken part in the mutiny. However. who is confined in a penal institution. the convict maybe required to serve the unserved portion of the sentence. but it will not absolve his criminal liability. resulting from – (a) conflagration. merely an defeat the purpose of infringement of the the law of either stipulated terms in reforming or punishing conditional pardon them for having disturbed the public order. Recidivism and Habituality/Reiteracion/Repetition See Annex B. Forging the Signature or Stamp of the Chief Executive (3) Article 164 . there will be an additional penalty of 1/5.Making and Importing and Uttering False Coins .Quasi Recidivism Elements: (1) Offender was already convicted by final judgment of one offense. condition is violated during the remaining period of the sentence. (3) He evades the service of his sentence by leaving the penal institution where he is confined.Mutilation of Coins (4) Article 163 . Leaving the penal establishment is not the basis of criminal liability. not on the original sentence. Violation of conditional pardon is a distinct crime.

False Testimony Against a Defendant (5) Article 181 .Using Fictitious and Concealing True Name (4) Article 180 .False Medical Certificates.Usurpation of Authority or Official Functions (2) Article 179 . The participation of the offender is in effect that of an accessory. Article 163 . (3) Stamp of the President. Telegraph and Telephone Messages. Cable. Employee or Notary or Ecclesiastical Minister (3) Article 172 .Using False Certificates (6) Article 174 .Forging Treasury or Bank Notes or Other Documents Payable to Bearer. under Art.Making and Importing and Uttering False Coins Elements: (1) There be False or counterfeited coins. he Connived with the counterfeiters or importers.Falsification by Private Individual and Use of Falsified Documents (4) Article 173 . Actual use. Remember: To utter is to pass counterfeited coins. or other Precious Metals or their Alloys The crimes in this title are in the nature of fraud or falsity to the public. 3. Intent to use is necessary. 162 he is punished by a penalty only one degree lower.Illegal Possession and Use of False Treasury or Bank Notes and Other Instruments of Credit (2) Article 169 .Falsification by Public Officer.Selling of False or Mutilated Coin. False Certificates of Merits or Service.Using Forged Signature or Counterfeit Seal or Stamp Elements: (1) The great Seal of the Republic was counterfeited OR the Signature or stamp of the Chief Executive was forged by another person. Article 161 . (7) Article 176 . is not required. (3) In case of uttering such false or counterfeited coins. The importation is complete before entry at the Customs House [US vs.False Testimony in Civil Cases (7) Article 184 . imported or uttered such coins.Falsification of Wireless. Silver coins of the Philippines or coins of the Central Bank of the Philippines.How Forgery is Committed Acts of Falsification (1) Article 170 . however.CRIMINAL LAW REVIEWER (5) Article 165 . Although the general rule is that he should be punished by a penalty of two degrees lower. When the signature of the president is forged. (2) Offender Knew of the counterfeiting or forgery. Without Connivance (6) Article 167 . Importing and Uttering Such False or Forged Notes and Documents Acts of Forgery (1) Article 168 . etc.False Testimony Favorable to the Defendant (6) Article 182 . 2.False Testimony in Other Cases and Perjury in Solemn Affirmation (9) Article 185 . To import fake coins means to bring them into port.Machinations in Public Auctions (10) Article 186 – Monopolies and Combinations in Restraint of Trade (11) Article 187 – Importation and Disposition of Falsely Marked Articles or Merchandise Made of Gold. Acts of Counterfeitin 1. 172 the Philippine Islands. and Use of Said Falsified Messages (5) Article 175 . (2) Signature of the President. Article 162 . and Uttering Instruments Not Payable to Bearer (7) Article 166 .Offering False Testimony in Evidence (8) Article 183 .Counterfeiting. Lyman] Kinds of coins the counterfeiting of which is punished A.Illegal Use of Uniforms and Insignia (3) Article 178 . It includes delivery or the act of giving them away. Importing. as long as the forger intended to use it. Deceit perpetrated upon the public is the act being punished. Forging the Signature or Stamp of the Chief Executive Acts punished: Forging the (1) Great Seal of the Government of the Philippines. (2) Offender either Made. Remember: Offender under this article should not be the forger.Manufacturing and Possession of Instruments or Implements for Falsification Other Falsities (1) Article 177 . 1. the crime committed is covered by this provision and not falsification of public document.Counterfeiting the Great Seal of the Government of . (3) He Used the counterfeit seal or forged signature or stamp.Falsification of Legislative Documents (2) Article 171 . Silver.

Forging Treasury or Bank Notes or Other Documents Payable to Bearer. counterfeiting or altering by any means. substituting. counterfeited or mutilated by another person. As long as the offender has knowledge that the coin is false or mutilated. or to order the appearance of a true and genuine document. Burning or Destroying Central Bank Notes and Coins) 173 5. but also the possibility that the counterfeiter may later apply his trade to the making of coins in actual circulation. Foreign coins are covered in this article. words. or signs contained therein. Since the coins before were made of silver and/or other precious metal. with the further requirement that there be intent to damage or to defraud another. (2) Importation of such false or forged obligations or notes. Importing and Uttering Such False or Forged Notes and Documents Acts punished (1) Forging or falsification of treasury or bank notes or other documents payable to bearer. If the offender does not collect such dust. Article 166 . (3) Uttering of such false or forged obligations or notes in connivance with the forgers or importers. letters. Tearing. knowing the same to be false or mutilated. The reason behind this is not only the harm that it may cause to the public in case it goes into circulation again. The possessor should not be the counterfeiter. or the subjection of the thing to one‘s control. Coins of the minor coinage of the Philippines or of the Central Bank of the Philippines. Article 165 . and (3) Knowledge. with the further requirement that there must be connivance with the mutilator or importer in case of uttering.Selling of False or Mutilated Connivance Coin. the figures. Article 164 . The instrument is payable to bearer: (1) When expressed to be so payable (2) When payable to a person named therein or bearer . or importer of the coins. Elements: (1) Actually uttering. shaving the metal from the coins became a practice. ―Falsification‖: By erasing.CRIMINAL LAW REVIEWER B. (2) With Intent to utter.Mutilation of Coins Acts punished (1) Mutilating coins of the legal currency. Hence. ―Mutilation‖ means to take off part of the metal either by filling it or substituting it for another metal of inferior quality. knowing that it is false or mutilated. regardless of whether or not it is still in official circulation. but also that of a constructive one. The first acts of falsification or falsity include: (1) Counterfeiting (2) Forgery (3) Falsification In so far as coins in circulation are concerned. there is no need for him to connive with the counterfeiter or mutilator. and (2) Knowledge. Kong Leon] See Special Law: PD 247 (Defacement. The counterfeiting of foreign currency is punishable. There is no requirement of expertise involved here. (2) Importing or uttering such mutilated coins. 6. with intent to utter the same. Without Mode 1: Possession of coin. intent to mutilate is absent. the coin‘s intrinsic value is diminished. Coin of the currency of a foreign country. but PD 247 will apply. mutilator. there are two crimes that may be committed: (1) Counterfeiting coins (2) Mutilation of coins Requisites of Mutilation under the RPC: (1) Coin mutilated is of legal tender. C. Mode 2: Actually uttering such false or mutilated coin. This is the only article that requires that the mutilated coin be legal tender. Elements: (1) Possession. ―Forging‖: By giving any treasury or bank note. 4. Deliberate intent arises only when the offender collects the precious metal dust from the mutilated coin. (3) It has to be a coin. (2) Offender gains from the precious metal dust abstracted from the coin. Possession prohibited in this article is not only actual and physical possession. [People vs. or any instrument payable to bearer. Mutilation.

by giving them the appearance of some other true and genuine document. and (2) capable of extinguishing an obligation or creating rights. (3) He either – (a) Uses any of such forged or falsified instruments. (4) Falsification of a private document by any person. it would only be frustrated forgery. For possession of false treasury or bank note to constitute a criminal offense. number. imported or uttered such instrument. falsified notes or Sendaydiego. Forgery includes falsification and counterfeiting. Not any alteration of a letter. or (b) Possesses with intent to use any of such forged or falsified instruments The rule is that if a person had in his possession a falsified document and he made use of it. resolution or ordinance enacted or approved or pending approval by either House of the Legislature or any provincial board or municipal council. the presumption is that he is the material author of the falsification. At most. the appearance of a true and genuine document. [People vs.Falsification Legislative Documents of Elements: (1) Any treasury or bank note or certificate or other obligation and security: (a) Payable to bearer. Acts of Forgery 0. 174 2.Counterfeiting. Article 167 . substituting. taking advantage of it and profiting thereby. 1. Intent to use is sufficient to consummate the crime when the offender is in possession of false or Elements: (1) There is a Bill. . Article 170 . counterfeiting. figure or design would amount to forgery. or (3) capable of becoming evidence of the facts stated therein. (1978)] obligations. Article 169 . (2) By Erasing. (3) In case of uttering.CRIMINAL LAW REVIEWER (3) When payable to the order of a fictitious or non-existing person. or sign contained therein. Forgery of currency is punished so as to maintain integrity of the currency and thus insure the credit standing of the government. Reason for this is that the forging tends to bring such documents into discredit and the offense produces a lack of confidence on the part of the holders of said documents to the prejudice of society and of the State. or altering by any means the figures. or commercial documents by a private individual. 1. (3) Falsification of a public or official. The writing must be: (1) complete in itself. Importing. and such fact was known to the person making it so payable (4) When the name of the payee does not purport to be the name of any person (5) When the only or last endorsement is an endorsement in blank. or any instrument payable to order or other document of credit not payable to bearer is (b) Forged or falsified by another person. Acts of Falsification 0. it must be with intent to use. and Uttering Instruments Not Payable to Bearer Elements: (1) There is an Instrument payable to order or other document of credit not payable to bearer. (4) The alteration has Changed the meaning of the documents. Forgery can be committed through the use of genuine paper bills that have been withdrawn from circulation. letters. (2) Offender either Forged. (2) Offender Alters the same. [People vs. Galano] 7. employee or notary public.Illegal Possession and Use of False Treasury or Bank Notes and Other Instruments of Credit 3. The essence of forgery is giving a document the appearance of a true and genuine document. words. 2. Five classes of falsification: (1) Falsification of legislative documents. he Connived with the forger or importer.How Forgery is Committed (1) By Giving to a treasury or bank note or any instrument payable to bearer or to order mentioned therein. (3) He has No proper authority therefor. (2) Offender Knows that any of those instruments is forged or falsified. (2) Falsification of a document by a public officer. This covers instruments or other documents of credit issued by a foreign government or bank. Article 168 .

Offender takes advantage of his official position in falsifying a document when: (1) He has the duty to make or prepare. (2) He Takes advantage of his official position. PAR 3: Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them Three Requisites: (1) Person/s participated in an act or proceeding (2) Such person/s made statements in that act or proceeding . Two Requisites: (1) Offender caused it to appear in a document that a person/s participated in an act or proceeding. handwriting or rubric out of one which does not actually exist. signature or rubric. or an attempt to imitate (b) Two signatures. employee. or (2) He has the official custody of the document he falsifies. (f) Making any alteration or intercalation in a genuine document which changes its meaning. or notary public. telegraph and telephone messages. 1st Element: Persons Liable under this Article Under this article. (d) Making untruthful statements in a narration of facts. Crimes under Forgeries. PAR1 May be a genuine (later falsified) or an entirely fabricated document PAR5 May be a genuine (later falsified) or an entirely fabricated document PAR2 May be a genuine (later falsified) or an entirely fabricated document PAR6 There must be a genuine document PAR3 May be a genuine (later falsified) or an entirely fabricated document PAR7 There must be a genuine document PAR4 May be a genuine (later falsified) or an entirely fabricated document PAR8 There must be a genuine document 175 2.CRIMINAL LAW REVIEWER (5) Falsification of wireless. (2) Such person/s did not in fact participate. (h) Intercalating any instrument or note relative to the issuance thereof in a protocol. The ecclesiastical minister is liable with respect to any record or document that its falsification may affect the civil status of persons. signature or rubric. public or treasury or bank notes.Falsification by (asked 8 times) Public Officer. (e) Altering true dates. or to order wireless. the genuine and the forged. (g) Issuing in an authenticated form: (i) A document purporting to be a copy of an original document (ii) When no such original exists. or ecclesiastical minister can be the offender. or intervene in the preparation of the document. Employee or Notary or Ecclesiastical Minister Elements: (1) Offender is a Public officer. official commercial. which is simulating a signature. which is imitating any handwriting. registry. Distinction between falsification and forgery: FALSIFICATION FORGERY Commission of any of the Refers to the 8 acts mentioned in Art falsification and 171 on legislative (only counterfeiting of alteration). employee or notary public. (2) Feigning. or different from. or official book. (3) He falsifies a document by committing any of the following acts: (a) Counterfeiting or imitating any handwriting. Article 171 . (b) Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate. that of the genuine original. or payable. 2nd Element: Offender Take Advantage of his Official Position PAR 1: Counterfeiting or imitating any handwriting. or (iii) Including in such a copy a statement contrary to. (c) Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them. or or any instruments private documents. PAR 2: Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate. or telegraph messages. signature or rubric (a) There should be an intent to imitate. 2 ways of committing falsification under this paragraph: (1) Counterfeiting. only a public officer. 3rd Element: Offender Falsifies a Document A document is any written statement by which a right or status is established or an obligation is extinguished. should bear some resemblance.

The element of damage is not necessary because it is the interest of the community which is intended to be guaranteed. CA] The person making the narration of facts must be aware of the falsity of facts narrated by him. There should be a legal obligation to disclose the truth. or including in such a copy a statement contrary to. A private person who cooperates with a public officer in the falsification of a public document is guilty of the crime and incurs the same liability and penalty. (a) A document issued by a public official in the exercise of the functions of his office. or death). It falls within the larger class called public documents. or different from. [People vs. executed or issued (b) By a public official (c) In response to the exigencies of the public service. not conclusion of law. The narration of facts must be absolutely false. Public and Private writings under the Rules of Court: The following are public documents: (1) Written official acts. that of the genuine original. (3) Alteration or intercalation has changed the meaning of the document. or by a public officer. Private document in the execution of which only private individuals take part. the alteration should make the document speak something false. who does not take advantage of his official position. (a) A document created. attributed to such person/s statements other than those they in fact made. This is because authentication of a document can only be made by the custodian or the one who prepared and retained a copy of the original. marriage. There must be narration of facts. (2) Official document in the execution of which a public official takes part. of the official acts of the sovereign authority. (1) Purporting to be a copy of the original when no such original exists. official bodies and tribunals. [Beradio vs. that of the genuine original Falsification in this paragraph cannot be committed by a private individual. 176 There are four kinds of documents: (1) Public document in the execution of which. PAR 6: Making any alteration or intercalation in a genuine document which changes its meaning Four Requisites: (1) There be an alteration (change) or intercalation (insertion) on a document. [Siquian vs. it would merely be a correction. Change or insertion must affect the integrity or effects of the document.CRIMINAL LAW REVIEWER (3) Offender. The existence of a wrongful intent to injure a third person is immaterial in falsification of a public document. (3) Commercial document or any document recognized by the Code of Commerce or any commercial law. The character of the offender and his faithfulness to his duty is mainly taken into consideration. (4) Change made the document speak something false. Otherwise. and (4) A deed or instrument executed by a private person without the intervention of a notary public or other persons legally authorized. . and public officers (2) Documents acknowledged before a notary public except last will and testaments (3) Public records kept in the Philippines. or different from. Furthermore. PAR 4: Making untruthful statements in a narration of facts Four Requisites: (1) Offender makes in a document statements in a narration of facts (2) He has a legal obligation to disclose truth of facts (3) Facts narrated are absolutely false (4) Perversion of truth in the narration was made with the wrongful intent of injuring a third person. of private documents required by law to be entered therein. If there is some colorable truth in such statements. a person in authority or notary public has taken part. in making a document. (d) Or in execution of w/c public official intervened. (2) Including a copy a statement contrary to. or records. PAR 7: Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists. or by a notary public. (2) It was made on a genuine document. People] There can be falsification by omission. Dizon] PAR 5: Altering true dates (1) The date must be essential (2) The alteration of the date must affect the veracity of the documents or the effects thereof (such as dates of birth. (b) A document required by a bureau to be filled by its officers for purposes of record and information is a public document. An assistant bookkeeper is guilty of falsification by intentionally not putting a record in his personal account of chits and destroyed them so he could avoid paying the same. crime of falsification is not deemed to have been committed.

177 3. Sendaydiego] There is no crime of estafa through falsification of a private document. (a) Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists. Batulanon (2007)] (1) Offender Knew that the document was falsified by another person. (2) The False document is embraced in Articles 171 or 172 (1 or 2). (2) He committed any act of Falsification (Art. Falsification through imprudence implies lack of such intent. official or commercial document by a private individual. it is regarded as falsification of a public or official document. Manansala] The presumption also holds if the use was so closely connected in time with the falsification and the user had the capacity of falsifying the document. Elements in introducing in a judicial proceeding . separately. that is. After an investigation. [People v. although it was private at the time of falsification. 171). (3) The falsification was committed in a public. [Reyes] Since damage is not an element of falsification of a public document. of Elements: (1) Offender is a Private individual OR Public officer or employee who did not take advantage of his official position. Elements in use in any other transaction – (1) Offender Knew that a document was falsified by another person. which each of the two should have its own. (3) Falsification causes Damage to a third party or at least the falsification was committed with intent to cause such damage. it is not necessary that there be present the idea of gain or the intent to cause damage. The possessor of a falsified document is presumed to be the author of the falsification. [People vs. thus there is no crime of falsification of a private document through negligence or imprudence. it could be complexed with estafa as a necessary means to commit the latter. a credit is sought to be protected.Falsification by Private Individual and Falsified Documents Use (asked 6 times) Mode 1: Falsification of public. or (b) Including in such a copy a statement contrary to. the falsification. Rather. [Siquian vs People] NOTE: This statement applies as well to commercial documents. (2) Falsification was committed in any Private document. that of the genuine original. Elements: (1) Offender committed any of the acts of Falsification except Article 171(7). Both crimes. or commercial Document or letter of exchange. The existence of a wrongful intent to injure a third person is not necessary when the falsified document is a public document. or different from. (3) He Used such document. There is no crime of falsification of private document through negligence or imprudence. Mode 2: Falsification of private document by any person. because as to this kind of document. require the element of damage. (4) The use caused Damage to another or at least used with intent to cause damage. they are private documents which have been defined as: (1) Deeds or instruments executed by a private person (2) Without the intervention of a pubic notary or of other person legally authorize. evidenced or set forth. (2) The False document is in Articles 171 or 172 (1 or 2). This is because the principal thing punished is the violation of public faith and destruction of the truth as therein solemnly proclaimed. If the document is intended by law to be part of the public or official record.CRIMINAL LAW REVIEWER All other writings are private. (3) By which some disposition or agreement is proved. official. [People vs. In the falsification of public or official documents. a group of public officers were caught and convicted of falsifying cash vouchers. On appeal the SC held that cash vouchers are NOT commercial documents because they are not documents used by merchants or businessmen to promote or facilitate credit transactions nor they are defined and regulated by the Code of Commerce or other commercial law. Mode 3: Use of falsified document. (3) He Introduced said document in evidence in any judicial proceeding. Article 172 .

(3) He Uses the same. etc. [Regidor v. Petitioners Regidor and Zapatos. telegraph. issues a false Medical certificate. 178 5. False Certificates of Merits or Service. (2) He utters fictitious wireless. Elements: (1) Offender knew that wireless. (3) Private person who falsifies a certificate falling within the classes mentioned in the two preceding subdivisions. Note: The crime here is false medical certificate by a physician. Elements: (1) Offender is an officer or employee of the government or an officer or employee of a private corporation. cable or telephone message. paragraphs 2 and 7 of the RPC.Falsification of Wireless. participated in the Sangguniang Panglungsod sessions when they did not in fact so participate. civil or administrative liability. telegraph or telephone message. respectively.‖ Thus. (2) He used such falsified dispatch. In this case.False Medical Certificates. (3) The use resulted in the prejudice of a third party or at least there was intent to cause such prejudice. made it appear that private complainants. engaged in the service of sending or receiving wireless. Furthermore. and Member and Temporary Presiding Officer of the Sangguniang Panglungsod. the petitioners are charged under Article 171. (2) Public officer who issues a false certificate of merit of service. In this criminal prosecution. the assailed resolutions purporting to be copies of original documents when no such originals exist. telephone message. and vice-versa. cable or telephone message. A simple act or omission can give rise to criminal. the dismissal of the administrative cases against the petitioners will not necessarily result in the dismissal of the criminal complaints filed against them. This is known as the ―threefold liability rule. SC held that all the elements of the offense punishable under Article 171. each independently of the others. in connection with the practice of his profession. cable. in authenticated forms. paragraphs 2 and 7 of the RPC are present in this case. (2) Offender Knows that the certificate was false. Article 174 . (b) Public officer issues a false certificate of Merit of service. engaged in the service of sending or receiving wireless. See Special Law: RA 4200: Anti-wiretapping Law 4. among others. Article 175 Certificates - Using False Elements: (1) Offender is an officer or employee of the government or an officer or employee of a private corporation. or telephone message (a) Was falsified by an officer or employee of the government or an officer or employee of a private corporation. telegraph or 6. Note: The crime here is false certificate of merit or service by a public officer. (b) Engaged in the service of sending or receiving wireless. Telegraph and Telephone Messages. Note: The crime here is false medical certificate by a private individual or false certificate of merit or service by a private individual. Persons liable (1) Physician or surgeon who. and Use of Said Falsified Messages Mode 1: Uttering fictitious wireless. telegraph or telephone message. Elements: (1) The following Issues a false certificate: (a) Physician or surgeon. it is a fundamental principle in the law on public officers that administrative liability is separate from and independent of criminal liability. . as Mayor. (2) He falsifies wireless. People of the Phils & Sandiganbayan (2009)] Mode 3: Using such falsified message. cable. cable or telephone message. Cable. Article 173 .CRIMINAL LAW REVIEWER The fraudulent gain obtained through deceit should not be the very same damage caused by the falsification of the private document. good conduct or similar circumstances. in connection with the practice of his profession. telegraph or telephone message. and issued. Mode 2: Falsifying wireless. absolution from a criminal charge is not a bar to an administrative prosecution. cable. (c) Private Person falsifies a certificate falling within the 2 preceding subdivisions. issues a false certificate (it must refer to the illness or injury of a person). good conduct or similar circumstances.

(2) The insignia. 179 Acts punished: (1) Making or introducing into the Philippines any stamps. Article 177 .Using Fictitious and Concealing True Name Mode 1: Using fictitious name Elements: (1) Offender uses a name other than his real name. (3) Purpose of use is to conceal a crime. Fictitious Name Element of Publicity Purpose is to conceal a crime. (no connection with the office represented) The mere act of knowingly and falsely representing oneself to be an officer is sufficient. 165. (2) Purpose is only to conceal his identity. cause damage) Concealing True Name Publicity not necessary Merely to conceal identity. The offender should have: (1) Represented himself to be an officer. The implements confiscated need not form a complete set. uniforms or dress. agent or representative of any agency of the government. it must be damage to public interest. decoration or regalia of a foreign state by people not entitled to do so. 142 (Regulating the Use of Aliases) 3. (4) Without being lawfully entitled to do so. uniforms or dress pertains to an Office not held by such person or a class of persons of which he is not a member.Usurpation of Authority or Official Functions Mode 1: Usurpation of authority. See Special Law: Commonwealth Act No. marks. or emblem of rank of the members of the AFP or constabulary. As in Art. Elements: (1) Offender knowingly and falsely Represents himself. Article 178 . dies. 4. (2) Pertaining to any person in authority or public officer of the Philippine government or any foreign government. (excess of authority) In usurpation of official functions. Mode 2: Usurpation of official functions. in addition to other requirements. (2) As an Officer. 1. Article 179 . . agent or representative of any department or agency of the Philippine government or of any foreign government. it is essential that the offender should have performed an act pertaining to a person in authority or public officer. (2) Performed an act pertaining to a person in authority or public officer. Elements (1) Offender Performs any act. Remember: Exact imitation of a uniform or dress is unnecessary.Illegal Uniforms and Insignia Use of Elements: (1) Offender makes Use of insignia. RA 75 also punishes using the use of uniform. (2) Possession with intent to use the instruments or implements for counterfeiting or falsification made in or introduced into the Philippines by another person. If it is damage to private interest. Article 176 . Mode 2: Concealing true name Elements: (1) Offender conceals his true name and other personal circumstances. the possession contemplated here is constructive possession. (3) Under Pretense of official position. It is not necessary that he perform an act pertaining to a public officer. uniform or dress is Used publicly and improperly. the crime will be estafa under Art 315 2(a).Manufacturing and Possession of Instruments Implements for Falsification or 2.CRIMINAL LAW REVIEWER 7. If the purpose is for causing damage. or other instruments or implements for counterfeiting or falsification. OTHER FALSITIES 0. a colorable resemblance calculated to deceive the common run of people is sufficient. (3) Said insignia. evade execution of judgment. badge. RA 493 punishes wearing an insignia. (2) He uses the fictitious name publicly. to evade the execution of a judgment or to cause damage [to public interest – Reyes]. or any agency thereof.

CRIMINAL LAW REVIEWER 4. There could be no perjury through negligence or imprudence. (3) Offender makes a Willful and deliberate assertion of a falsehood in the statement or affidavit. Penalty for false testimony against the accused is based on the sentence imposed or if accused is acquitted. (2) The statement or affidavit is made Before a competent officer. These are covered by 183 under ―other cases‖. the undeserved sentence and the imposable penalty avoided. that is. Art. People] Elements of perjury: (1) Offender Makes a statement under oath or executes an affidavit upon a material matter. False testimony is punished because of its tendency to prejudice defendant. It is not necessary that the testimony should directly influence the decision of acquittal. [Diaz vs. it is made for a legal purpose. This is because of the requirement that the assertion of a falsehood be made willfully and deliberately. Conviction or acquittal of defendant in the principal case is not necessary. (2) In Favor of the defendant. Article 181 . made upon oath before an authorized magistrate or officer. (4) The sworn statement or affidavit containing the falsity is Required by law. ―Affidavit‖: Sworn statement in writing. In a Criminal case. declaration in writing. (3) Testimony is False.e. Elements: (1) There is a Criminal proceeding. The rationale for the difference is the measure of the wrong occasioned by the injustice in each case. it being sufficient that it was given with the intent to favor the accused. Pending the determination of the falsity of the subject testimonies in the civil cased. the criminal action for false testimony must perforce be suspended. The testimony need not in fact be beneficial to the defendant. Article 183 . being under oath and required to testify as to the truth of a certain matter at a hearing before a competent authority. ―False Testimony‖: Committed by a person who. i. good faith or lack of malice is a defense in perjury. 7. Three forms of false testimony: (1) False testimony in criminal cases under Article 180 and 181. Article 182 . (5) Testimony is Malicious (6) And given with an intent to affect the issues presented in said case. (3) False testimony in other cases under Article 183. Hence. (3) Offender who gives false testimony Knows that it is false. shall deny the truth or say something contrary to it. The witness who gave the false testimony is liable even if his testimony was not considered by the court. (2) By Making a false affidavit. 182 does not apply in special proceedings. (2) Offender Testifies falsely under oath against the defendant therein. Articles 180 – 184 punish the acts of making false testimonies since because such acts seriously expose society to miscarriage of justice. (3) 3. (4) Offender Knows that testimony is false. .False Testimony in Civil Cases Elements: (1) Testimony Given in a civil case. ―Oath‖: Any form of attestation by which a person signifies that he is bound by conscience to perform an act faithfully and truthfully. Article 180 . (2) False testimony in civil case under Article 182. respectively.False Testimony in Other Cases and Perjury in Solemn Affirmation Acts Punished (1) By falsely Testifying under oath. 5.False Testimony 180 Against a Defendant 6. Note: The false testimony should not be in a judicial proceeding. (4) Defendant against whom the false testimony is given is either acquitted or convicted in a Final judgment. that for testimony favorable to the accused is based on the imposable penalty. The statement should be outside the coverage of art 180-181. (2) Testimony Relates to the issues presented in said case. authorized to receive and administer oaths. Rectification made spontaneously after realizing the mistake is not false testimony.False Testimony Favorable to the Defendant Elements: (1) A person Gives false testimony.

(3) Such gift or promise is the Consideration for his refraining from taking part in that public auction. Offer of evidence begins at the moment a witness is called to the stand and interrogated by counsel. gifts.Machinations in Public Auctions Mode 1: Soliciting any gift or promise as a consideration for refraining from taking part in any public auction. [US vs. (2) conspiring. which are perversions of truth in judicial proceedings. Perjury is an offense which covers false oaths other than those taken in the course of judicial proceedings. (3) The offer is made in any Judicial OR Official proceeding. Elements: (1) There is a Public auction. Elements: (1) Offender Offers in evidence a false witness or testimony. or (2) By mere attempt to cause prospective bidders to stay away from an auction. or (4) importer of any merchandise or object of commerce (2) Crime committed by: (1) combining. promises or any other artifice. Article 186 – Monopolies and Combinations in Restraint of Trade 8. conspiring or agreeing with any person to make transactions prejudicial to lawful commerce or to increase the market price of merchandise Elements: (1) Person liable: (1) manufacturer. should be the law of trade Mere conspiracy of combination is punished. Perjury is a crime other than false testimony in criminal cases or false testimony in civil cases. the price of the thing The crime is consummated by: (1) Mere solicitation of gift or promise as consideration for not bidding. 181 10. or processor or importer combining. (2) In restraint of trade or commerce or to prevent by artificial means free competition in the market Mode 2: Monopoly to restrain free competition in the market Elements: (1) Monopolizing any merchandise or object of trade or commerce. (2) Offender Solicits any gift or a promise from any of the bidders. or (3) agreeing with any person (3) Purpose: (1) to make transactions prejudicial to lawful commerce. (4) Offender has the Intent to cause the reduction of the price of the thing auctioned. OR (2) Combining with any other person or persons to monopolize said merchandise or object in order to alter the prices thereof by spreading false rumors or making use of any other artifice to restrain free competition in the market Mode 3: Manufacturer. or (2) to increase the market price of any merchandise or object of commerce manufactured. assembled. If the offense affects any food substance or other article of prime necessity. gifts. (2) He Knows that the witness or the testimony was false. Estrada] ―Material‖ Directed to prove a fact in issue ―Relevant‖ Tends in any reasonable degree to establish probability or improbability of a fact in issue ―Pertinent‖ Concerns collateral matters which make more or less probable the proposition at issue reduction of auctioned. (2) producer.CRIMINAL LAW REVIEWER It is not necessary that there be a law requiring the statement to be made under oath. Mode 2: Attempting to cause bidders to stay away from an auction by threats. Article 184 . produced.Offering Testimony in Evidence False Mode 1: Combination to prevent free competition in the market Elements: (1) Entering into any contract or agreement. The witness must testify. it is sufficient that initial steps are taken. Elements: (1) There is a Public auction. OR taking part in any conspiracy or combination in the form of a trust or otherwise. not combination. (4) Offender had the Intent to cause the . producer. (3) processor. 9. promises or any other artifice. (2) Offender Attempts to cause the bidders to stay away from that public auction. as long as it is made for a legal purpose. processed. Article 185 . (3) It is Done by threats. or imported into the Philippines Theory of the law: Competition.

187 does not apply to manufacturer of misbranded articles – he would be liable for estafa under Art. Social Gatherings or Meetings (Sec. RA 9165 Any person convicted for drug trafficking or pushing under this Act. 6. other precious metals or their alloys) (2) The stamps. 12) (10) Possession of Dangerous Drugs During Parties. 17) (15) Unnecessary Prescription of Dangerous Drugs (Sec. sells or disposes of any of those articles or merchandise (i. 14) (12) Use of Dangerous Drugs (Sec. Trading. or other Precious Metals or their Alloys Elements: (1) Offender imports. or marks of those articles of merchandise fail to indicate the actual fineness or quality of said metals or alloys (3) Offender knows that the stamps.e. Art. 5) (3) Maintenance of a Den. D.‖ RA No. 8.Those acts which include or involve any dangerous drugs (Sections 4. (Sec. manages or acts as a "financier" of any of the illegal activities prescribed in those sections. 19) 182 11. who organizes. 18) (16) Unlawful Prescription of Dangerous Drugs (Sec. Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals (Sec. 10) (8) Possession of Dangerous Drugs (Sec.000. 4) (2) Sale. Instrument.000. (Sec. 9165. Acts Punished Penalties for Unlawful Acts: Definition of Important Terms: Other Important Points B. Crimes Relative to Opium and Other Prohibited Drugs A. Article 187 – Importation and Disposition of Falsely Marked Articles or Merchandise Made of Gold. 6) (4) Employees and Visitors of a Den. 5. Section 23. the president and directors or managers are liable. 11.00) to Ten million pesos (P10. (Sec. 16 and 19) (2) The penalty of twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine ranging from One hundred thousand pesos (P100. known as the ―Comprehensive Dangerous Drug Act of 2002‖ in turn repealed RA No. Instrument.CRIMINAL LAW REVIEWER When offense is committed by a corporation or association. Dispensation. and Other Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. Social Gatherings or Meetings (Sec. 16. (3) The maximum penalty provided for under sections 4. Dive or Resort. known as the ―Dangerous Drug Act of 1972. silver. gold. Administration. regardless of the penalty imposed by the Court.000. 6. Delivery. 11) (9) Possession of Equipment. 315(2)(b). 5. (Sec. Article II. 8. C. 7) (5) Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals (Sec. 9 and 10) (b) Anyone who acts as a "protector/coddler" of any violator of the provisions under sections 4. Dive or Resort (Sec. Apparatus. B. 15) (13) Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof.000. 13) (11) Possession of Equipment. 9) (7) Manufacture or Delivery of Equipment. Acts Punished: (1) Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemical (Sec. (6) Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals. 5. 17. Penalties for Unlawful Acts: (1) The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500. Instrument. 8) . 8 and 16 (c) Sections 7. cannot avail of the privilege granted by NOTE: Art 190-194 were repealed by RA 6425. brands. 6. 16) (14) Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs and/or Controlled Precursors and Essential Chemicals (Sec.00) (a) Those acts which involve any controlled precursor and essential chemical (Sections 4.00) to Five hundred thousand pesos (P500. See Also: (1) RA 9184: New Public Bidding Law (2) CA 142: Anti-Alias Law Title V. 5. 6425. brands.00) . 6. A. Silver. Apparatus and Other Paraphernalia for Dangerous Drugs During Parties.000. 10. Apparatus and Other Paraphernalia for Dangerous Drugs (Sec. (4) Any person charged under any provision of this Act regardless of the imposable penalty shall not be allowed to avail of the provision on plea-bargaining. 8 and 16 shall be imposed upon any person. or marks fail to indicate the actual fineness or quality of the metals or alloys Selling the misbranded articles is not necessary.

(5) Such rights shall also be suspended during the pendency of an appeal from such conviction. D. and shall include packaging. 36 (f). in diluted. RA 9165] 32 possession of marijuana is absorbed in the sale thereof. [Section 24. any alien who violates such provisions of this Act shall. in addition to absolute perpetual disqualification from any public office. Article II. for treatment and rehabilitation of the drug dependency. spouse. Other Important Points May a drug dependent who is found guilty of the use of dangerous drugs voluntarily submit himself for treatment and rehabilitation? Yes. Article II. [Section 30. president. Article II. RA 9165). RA 9165] Any person who is found guilty of "planting" any dangerous drug and/or controlled precursor and essential chemical. if those found guilty of such unlawful acts are government officials and employees. RA 9165] Chemical Diversion: The sale. trustee. as amended by the 1972 Protocol. regardless of quantity and purity. Dangerous Drugs Board] 183 C. rule and regulation to the contrary. A petition for the confinement of a person alleged to be dependent on dangerous drugs to a Center may be filed by any person authorized by the Board with the Regional Trial Court of the province or city . either as to the person or property of any ward (2) the rights to dispose of such property by any act or any conveyance inter vivos. RA 9165] In case any violation of this Act is committed by a partnership. and (2) in the Schedules annexed to the 1971 Single Convention on Psychotropic Substances as enumerated in the attached annex which is an integral part of this Act. manufactured or procured controlled precursors and essential chemicals.CRIMINAL LAW REVIEWER the Probation Law or Presidential Decree No. or officer who consents to or knowingly tolerates such violation shall be held criminally liable as a co-principal. apply to the Board or its duly recognized representative. Article II. (4) the right to vote and be voted for. RA 9165] The maximum penalties of the unlawful acts provided for in this Act shall be imposed. by himself/herself or through his/her parent. association or any juridical entity. a positive finding for the use of dangerous drugs shall be a qualifying aggravating circumstance in the commission of a crime by an offender. or concealment of such transaction. after service of sentence. Art 36 (g). and the application of the penalty provided for in the Revised Penal Code shall be applicable. corporation. [People v. [Section 25. except where the seller is further apprehended in possession of another quantity of the prohibited drugs not covered by or included in the sale and which are probably intended for some future dealings or use by the seller. Controlled Precursors and Essential Chemicals: Include those listed in Tables I and II of the 188 UN Convention Against Illicit traffic in Narcotics Drugs and Psychotropic Substances. as amended. the partner. estate administrator. Upon such application. Article II. Definition of Important Terms Dangerous drugs: include those listed (1) in the Schedules annexed to the 1961 Single Convention on Narcotic Drugs. [Section 28. any person determined and found to be dependent on dangerous drugs shall. to any person or entity engaged in the manufactured of any dangerous drugs. Lacerna] Art. be confined for treatment and rehabilitation in any Center duly designated or accredited for the purpose. in-transit. Article VIII. [Section 35. Article II. Is there also compulsory confinement? Yes. director. Notwithstanding any law. RA 9165] In addition to the penalties prescribed in the unlawful act committed. mixtures. labelling. shall suffer the penalty of death. distribution. be deported immediately without further proceedings. [SJS v. RA 9165] Notwithstanding the provisions of any law to the contrary. manager. [Section 31. 968. [Section 3 (j). or in concentrated form. (3) and political rights such as but not limited to. concerning mandatory drug testing for candidates for public office is also unconstitutional. the Board shall bring forth the matter to the Court which shall order that the applicant be examined for drug dependency (Section 54. [Section 29. concerning mandatory drug testing for all persons charged with crimes is declared unconstitutional because it violates the right against self-incrimination. guardian or relative within the fourth degree of consanguinity or affinity. upon petition by the Board or any of its authorized representative. supply or transport of legitimately imported. RA 9165] Accessory Penalties: A person convicted under this Act shall be disqualified to exercise his/her civil rights such as but not limited to: (1) the rights of parental authority or guardianship. unless the penalty is death. The drug dependent may. Article II.

paper. policy. conductor. articles or value or representative or value are at stake or made. obscene publications and exhibitions (Art 201) (3) Vagrancy and prostitution (Art 202) A. shall be apprised by the head of the treatment and rehabilitation center of the status of said drug dependent and determine whether further confinement will be for the welfare of the drug dependent and his/her family or the community (Section 54. Article VIII. (3) Being maintainer. or banker in a game of jueteng or similar game. (4) Knowingly and without lawful purpose possessing lottery list. RA 916) Title VI. as amended. as amended. integrated.What Acts Are Punishable in Gambling Acts punished: (1) Taking part directly or indirectly in – (a) any game of monte. including the after-care and follow-up program for at least eighteen (18) months following temporary discharge from confinement in the Center (2) He/she has never been charged or convicted of any offense punishable under this Act. figures. Article 195 . (3) Be under the Office of the President. Gambling: any game of chance or scheme. dog races.CRIMINAL LAW REVIEWER where such person is found. It shall be responsible for the efficient and effective law enforcement of all the provisions on any dangerous drug and/or controlled precursor and essential chemical as provided in this Act. (2) Knowingly permitting any form of gambling to be carried on in any place owned or controlled by the offender. the Revised Penal Code. or any other form of lottery. (Section 77. or any other game or scheme the results of which depend wholly or chiefly upon chance or hazard. or (b) the exploitation or use of any other mechanical invention or contrivance to determine by chance the loser or winner of money or any object or representative of value. unified and balanced national drug abuse prevention and control strategy. which provides for stiffer penalties for violation of Gambling Laws. after which time the Court. . The provisions of Art 195-199. the applicable rules and regulations of the Board. or any special penal laws (3) He/she has no record of escape from a Center (4) He/she poses no serious danger to himself/herself. (2) Develop and adopt a comprehensive. Article VIII. as well as the Board. RA 9165) What is the PDEA? The PDEA is the Philippine Drug Enforcement Agency. How will a drug dependent who is under the voluntary submission program and is finally discharged from confinement in the Center be exempt from criminal liability? (1) He/she has complied with the rules and regulations of the center. articles of value. It serves as the implementing arm of the Dangerous Drugs Board. his/her family or the community by his/her exemption from criminal liability (Section 55. Article IX. 184 How long will the drug dependent be confined for treatment and rehabilitation? Confinement in a Center for treatment and rehabilitation shall not exceed one (1) year. or wherein wagers consisting of money. (Section 61. Article VIII. Article IX. 6425. wherein wagers consisting of money. RA 9165). whether upon chance or skill. banking. 1. RA 916) What are the functions of the Dangerous Drugs Board? (1) Be the policy-making and strategyformulating body in the planning and formulation of policies and programs on drug prevention and control. Crimes against Public Morals CHAPTER I: Gambling and Betting (1) Gambling (Art 195) (2) Importation. PD 483 and 449 are repealed insofar as they are inconsistent with PD 1602. RA 9165). the Dangerous Drugs Act of 1972 or Republic Act No. or other matter containing letters. signs or symbol which pertain to or are in any manner used in the game of jueteng or any similar game. or representative of value are made. (Section 82. Chapter Betting I - Gambling and 0. or percentage game. jueteng. sale and possession of lottery tickets or advertisements (Art 196) (3) Betting in sports contests (Art 197) (4) Illegal betting on horse races (Art 198) (5) Illegal cockfighting (Art 199) CHAPTER II: Offenses against Decency and Good Customs (1) Grave Scandal (Art 200) (2) Immoral doctrines.

point-shaving or game machination unlawful. proof that the game took place or is about to take place is not necessary. scheme or agreement by which the result of any game. point-shaving. player or participant therein. and therefore the lottery is a gambling game. chess. Maintainer: A person who sets up and furnishes the means with which to carry on the gambling game or scheme. 197) has been repealed by Presidential Decree No. softball. as well as betting therein except as may be authorized by law. races or sports contest. scheme or agreement by which the skill of ability of any player or participant in a game. Betting: betting money or any object or article of value or representative of value upon the result of any game. combinations. [Reyes] The possession of any lottery ticket or advertisement is prima facie evidence of intent to sell. but with the lottery the public starts patronizing such merchandise. a valuable consideration for the chance to obtain a prize. methods. (5) Public is not made to pay a higher price. Before. baseball. The maintainer or conductor in a gambling game is likewise punished. or (4) Selling or distributing the same without connivance with the importer of the same. Article 196 . sipa. (3) If the merchandise is not saleable because of its inferior quality. (4) In effect. – Game-fixing. Conductor: A person who manages or carries on the gambling game or scheme. Game-fixing: any arrangement. boxing bouts. the public is paying for the lottery and not for the merchandise. so that the public actually does not buy them. manner or practice employed for the purpose of influencing the result of any game. the Revised Penal Code considered the skill of the player in classifying whether a game is gambling or not. would be gambling insofar as those who are betting therein are concerned. 4.Illegal Betting on Horse Race . unfair or dishonest means. lottery tickets or advertisements. 3. Game-fixing or Point-shaving and Machinations in Sport Contests) Sec 2. in connection with the games of basketball. (3) Possessing. but also for the chance to win a prize out of the lottery. races or sports contests to make points or scores shall be limited deliberately in order to influence the result thereof in favor one or the other team. pelota and all other sports contests. because they do not take part directly or indirectly. Sale and Possession of Lottery Tickets or Advertisements 185 Acts punished: (1) Importing into the Philippines from any foreign place or port any lottery ticket or advertisement. Point-shaving: any such arrangement. deceitful. the skill of the players is immaterial. races or sport contests shall be predicated and/or known other than on the basis of the honest playing skill or ability of the players or participants. knowingly and with intent to use them. or (2) Selling or distributing the same in connivance with the importer. This is not lottery. races and other sport contests. 483 (Betting. To be prosecuted for possessing a jueteng list.Importation.CRIMINAL LAW REVIEWER Spectators are not liable in gambling. volleyball. Article 197 – Betting in Sports contents This article (Art. Even sports contents like boxing. Article 198 . combination. game machination. is hereby declared unlawful. 2. Winning the watch is only a bonus. Lottery Definition: It is a scheme for the distribution of prizes by chance among persons who have paid or agreed to pay. Elements: (1) Consideration (2) Chance (3) Prize or some advantage or inequality in amount or value which is in the nature of a prize There is no lottery when the person gets the full value for his money. Illustration: A package of cigarette sold at P0. But under the new gambling law. games or races. Game machinations: any other fraudulent. distribute or use the same in the Philippines. Betting. (2) Public is made to pay a higher price. Criteria to determine if lottery is already gambling: (1) If the public is made to pay not only for the merchandise that he is buying. jai-alia.30 each includes a coupon which may allow the buyer to win a gold watch. as defined in the preceding section. game-fixing.

or exposition not more than three days Cockfighting not allowed on: (1) Rizal Day (December 30) (2) Independence Day (June 12) (3) National Heroes Day (November 30) (4) Holy Thursday (5) Good Friday (6) Election or Referendum Day 2. directly or indirectly. 229). Grave Scandal: consists of acts which are offensive to decency and good customs which. (5) Owner. 137). 960. To be liable. 180. Obscene Publications and Exhibitions and Indecent Shows Acts punished (as amended by PD No.Immoral Doctrines. municipal. directly or indirectly. If it is committed in a private place. having committed publicly. manager. proper observance of the requirements of modesty. (4) Any person. he must participate as a bettor. participates in cockfights by betting money or other valuable things in a day other than those permitted by law. (2) December 30 (Republic Act No. by betting money or other valuable things at a place other than a licensed cockpit. Provided such act does not constitute some other crime under the Revised Penal Code. Customs: established usage. The acts must be performed in a public place or within the public knowledge or view. [Reyes] Totalizer: a machine for registering and indicating the number and nature of bets made on horse races. (2) Maintaining or employing a totalizer or other device or scheme for betting on races or realizing profit therefrom during the periods not allowed by law. This decree does not punish a person attending as a spectator in a cockfight. When horse races are not allowed: (1) July 4 (Republic Act No. Comprehensive Reviewer in Criminal Law) Any act which is notoriously offensive to decency may bring about criminal liability for the crime of grave scandal. (Boado. 969) (1) Those who shall publicly expound or proclaim doctrines openly contrary to public morals.Grave Scandal Elements: (1) Offender performs an act or acts. directly or indirectly. good taste. . who. and (4) Holy Thursday and Good Friday (Republic Act No. and (4) The act or acts complained of be committed in a public place or within the public knowledge or view. Revised Election Code). (3) The highly scandalous conduct is not expressly falling within any other article of this Code. carnivals. Article 201 . social conventions carried on by tradition and enforced by social disapproval of any violation thereof. B. have given rise to public scandal to persons who have accidentally witnessed the same. (2) Any person. industrial. 5. organizes cockfights at which bets are made at a place other than a licensed cockpit. Cockfighting allowed on the following dates: (1) Sundays (2) Legal holidays (3) During local fiestas for not more than three days (4) During provincial. (2) Such act or acts be highly scandalous as offending against decency or good customs. In conducts involving lasciviousness. organizes cockfights at which bets are made in a day other than those permitted by law. city. Maintaining or employing a totalizer aggravates the liability of offenders. 946). Article 200 . directly or indirectly. etc. Article 199 (as amended by PD 449) Acts Punished: (1) Any person who. (3) Any registration or voting days (Republic Act No.CRIMINAL LAW REVIEWER Acts punished: (1) Betting on horse races during periods not allowed by law. who. participates in cockfights. (7) Registration elections days for referendums and 186 Only municipal and city mayors are allowed to issue licenses for such. Chapter II. Offenses against Decency and Good Customs 0. Grave scandal is a crime of last resort. (3) Any person. 1. the crime of grave scandal is not committed. agricultural fairs. Any race held on the same day and at the same place shall be held punishable as a separate offense. it is grave scandal only where there is mutual consent. (Reyes) Decency: means proprietary of conduct. or lessee of the cockpit who shall permit gambling of any kind on the premises of the cockpit or place of cockfighting during cockfights.

lawful orders. violent. for money or profit habitually indulge in sexual intercourse or lascivious conduct Dissolute: lax. in theaters. (3) If the material has the tendency to deprave and corrupt the mind of the viewer then the same is obscene and where such obscenity is made publicly. it being understood that the obscene literature or indecent or immoral plays. immoral Ruffian: brutal. morals.CRIMINAL LAW REVIEWER (2) The authors of obscene literature. The term prostitution is applicable to a woman who for profit or money habitually engages in sexual or lascivious conduct. unrestrained. and (e) are contrary to law. scenes. and the moral sense of the people were not shocked by those pictures. and (5) Prostitutes Prostitutes: women who. whether live or in film. lust or pornography. published with their knowledge in any form. ruffians or pimps and those who habitually associate with prostitutes. (b) serve no other purpose but to satisfy the market for violence. specifically. unless his acts constitutes some other crime in the Revised Penal Code. cinematographs. pimps. there is no crime committed under the Revised Penal Code because what is protected is the morality of the public in general. Therefore. but a vagrant. it is to prevent further criminality. engravings. Jurisprudence: Postcards of Philippine inhabitants in native attire were not obscene because the aggregate judgment of the community. give away or exhibit films. sculpture or literature which are offensive to morals. (4) As long as the pornographic matter or exhibition is made privately. Any person found wandering in an estate belonging to another whether public or private without any lawful purpose also commits vagrancy. sometimes. (c) offend any race. A man. acts. who has the physical ability to work and who neglects to apply himself or herself to some lawful calling. acts or shows. exhibit indecent or immoral plays. Offense in any of the forms mentioned in the article is committed only when there is publicity The test of obscenity: (1) The test is objective. The purpose of the law is not simply to punish a person because he has no means of livelihood. (4) The owners/operators of the establishment selling the same. decrees and edicts (6) Those who shall sell. or by habitually lodging in houses of ill-repute. shall include those which: (a) glorify criminals or condone crimes. ruffians. They were not offensive to chastity but merely depicted persons as they actually lived. (5) Those who. . criminal liability arises. (2) It is more on the effect upon the viewer and not alone on the conduct of the performer. public order. if he engages in the same conduct – sex for money – is not a prostitute. not being included in the provisions of other articles of this Code. shall be found loitering in any inhabited or uninhabited place belonging to another without any lawful or justifiable purpose. it is a clear and unmitigated obscenity. (2) Any person found loitering about public or semi-public buildings or places or trampling or wandering about the country or the streets without visible means of support. (3) The editors publishing such literature. (3) Any idle or dissolute person who lodges in houses of ill fame. established policies. except nylon patches over her breasts and too abbreviated pair of nylon panties to interrupt her stark nakedness should be made the gauge in the determination of whether the dance or exhibition was indecent or immoral. (4) Any person who. or any other place. or religion. (d) tend to abet traffic in and use of prohibited drugs. Article 202 Prostitution - Vagrancy and Persons Liable: (1) Any person having no apparent means of subsistence. scenes. to sexual conduct. or shows. good customs. fairs. [People v Aparici (1955)] An actual exhibition of the sexual act can have no redeeming feature—no room for art. lawless persons Pimp: One who provides gratification for the lust of others Even millionaires or one who has more than enough for his livelihood can commit vagrancy by habitually associating with prostitutes. MORALS: imply conformity with the generally accepted standards of goodness or rightness in conduct or character. [People v Padan (1957)] 187 3. [People v Kottinger (1923)] The reaction of the public during the performance of a dance by one who had nothing to cover herself with. which are proscribed by virtue hereof. prints.

Presumption of Malversation (2) Article 218 .Removal.Malversation of Public Funds or Property . 188 Title VII. There cannot be prostitution by conspiracy.Evasion through Negligence (3) Article 225 .Other Frauds Chapter 3: Frauds and Illegal Exactions and Transactions (1) Article 213 . exploited infants and minors on public roads.Failure to Make Delivery of Public Funds or Property (6) Article 222 . One who conspires with a woman in the prostitution business like pimps.Officer Breaking Seal (6) Article 228 .Who Are Public Officers Chapter 2: Malfeasance and Misfeasance in Office (1) Article 204 . See Special Law: PD 1563 (Mendicancy Law of 1978) Under the Mendicancy Law of 1978 (PD 1563). Virginity is not a defense. parks and bridges shall be punished by a fine.Failure of Accountable Officer to Render Accounts (3) Article 219 . Crimes Committed by Public Officers Chapter 1: Preliminary Provisions (1) Article 203 .Escape of Prisoner under the Custody of a Person Not a Public Officer (4) Article 226 .Illegal Use of Public Funds or Property (5) Article 221 .Conniving With or Consenting to Evasion (2) Article 224 . See Special Law: RA 9208 (Anti-Trafficking in Persons Act) Note Sec. taxi drivers or solicitors of clients are guilty of the crime under Article 341 for white slavery.Betrayal of Trust by an Attorney or a Solicitor . Concealment.Corruption of Public Officials (11) Article 214 . Note also: Under RA 9208. Negligence and Tolerance (6) Article 209 .Prohibited Transactions (3) Article 216 .Prosecution of Offenses. sidewalks.Revelation of Secrets by an Officer (8) Article 230 . Any person who abets mendicancy by giving alms directly to mendicants. Habituality is the controlling factor.Opening of Closed Documents (7) Article 229 .Fraud against the Public Treasury and Similar Offenses (2) Article 215 .Indirect Bribery (9) Article 211-A .Knowingly Rendering Unjust Judgment (2) Article 205 .Revelation of Secrets (7) Article 210 .Malicious Delay in the Administration of Justice (5) Article 208 .Failure of a Responsible Public Officer to Render Accounts Before Leaving the Country (4) Article 220 . even if there is no sexual intercourse. it has to be more than one time.CRIMINAL LAW REVIEWER In law. or Destruction of Documents (5) Article 227 . (4) is a mendicant. (1) one who has no visible and legal means of support.Officers Included in the Preceding Provisions Chapter 5: Infidelity of Public Officers (1) Article 223 .Judgment Rendered Through Negligence (3) Article 206 . 17: Persons trafficked (including prostitutes) are exempt from criminal liability. Not so in Art 202 RPC.Public Officers Revealing Secrets of Private Individuals Chapter 6: Other Offenses and Irregularities by .Possession of Prohibited Interest by a Public Officer Chapter 4: Malversation of Public Funds and Properties (1) Article 217 . persons who hire trafficked persons are criminally liable. the mere indulging in lascivious conduct habitually because of money or gain would amount to prostitution. or lawful employment (2) and who is physically able to work but neglects to apply himself to some lawful calling (3) and instead uses begging as a means of living.Unjust Interlocutory Order (4) Article 207 .Qualified Bribery (10) Article 212 .Direct Bribery (8) Article 211 .

accomplice. The officer has to be the principal.Who Are Public Officers Requisites: (1) Taking part in the performance of public functions in the government. 1. Chapter I: Preliminary Provisions 4.Knowingly Rendering Unjust Judgment Elements: (1) Offender is a judge. 2. (b) By popular election. based on RA 8249. Chapter II: Malfeasance and Misfeasance in Office Malfeasance (see Arts 210 and 211) Misfeasance (see Arts 204 to 207) Nonfeasance (see Art 208) Doing of an act which a public officer should not have done Improper doing of an act which a person might lawfully do Failure of an agent to perform his undertaking for the principal 0. are subject to the jurisdiction of the Sandiganbayan when they are involved in graft and corruption. (2) Performing in said government or in any of its branches public duties as an employee.Disobedience to the Order of Superior Officer When Said Order Was Suspended by Inferior Officer (3) Article 233 . Pelayo (2000)] A. trustees. The better rule is that GOCCs created by law are covered while GOCCs registered with the SEC (including sequestered companies) are not. Defense: Mere error in good faith.Usurpation of Executive Functions (11) Article 241 .Unlawful Appointments (15) Article 245 . regardless of type.Maltreatment of Prisoners (6) Article 236 . Crimes under this title can be committed by officers or a non-public officer. Article 204 .Refusal of Assistance (4) Article 234 . or accessory to the crime. presidents.Usurpation of Judicial Functions (12) Article 242 . there must be a trial or authoritative judicial declaration that his decision or order is really unjust which may result from either an action of certiorari or prohibition in a higher court. Sandiganbayan held that. Article 205 .Open Disobedience (2) Article 232 . Article 203 .CRIMINAL LAW REVIEWER Public Officers (1) Article 231 . agent or subordinate official. (3) Judgment is unjust. The term ―public officers‖ embraces every public servant from the highest to lowest. [De Vera v. There must be positive evidence imputing an unjust judgment.Refusal to Discharge Elective Office (5) Article 235 . or any rank or class.Abuses against Chastity Remember: This is one of the instances where the Revised Penal Code may be given extra-territorial application under Article 2 (5) thereof. Sandiganbayan] The more recent case of People v. [Macalino v.Abandonment of Office or Position (9) Article 239 . and managers of all GOCCs.Anticipation of Duties of a Public Officer (7) Article 237 .Prolonging Performance of Duties and Powers (8) Article 238 . (4) The judge knows that his judgment is unjust.Disobeying Request for Disqualification (13) Article 243 .Judgment Rendered Through Negligence Elements: . 189 B. (2) He renders a judgment in a case submitted to him for decision. (3) His authority to take part in the performance of public functions or to perform public duties must be – (a) By direct provision of the law. when the become a conspirator with a public officer. 5. The offense refers only to a judgment of an individual judge in his court. public latter or an public Officers and employees of government owned and controlled corporations included but not those of a sequestered corporation.Orders or Request by Executive Officer to Any Judicial Authority (14) Article 244 . presumption will not suffice. directors.Usurpation of Legislative Powers (10) Article 240 . and not to the judgment rendered in a collegial court by the members thereof [In Re: Wenceslao Laureta (1987)] Before a criminal action against a judge for violation of Articles 204 and 205 can be entertained. or (c) By appointment by competent authority.

Mendoza] Also known as prevaricacion. Article 206 . or (b) Rendering a manifestly unjust interlocutory order or decree through inexcusable negligence or ignorance. offenses. (2) There is a dereliction of the duties of his office.CRIMINAL LAW REVIEWER (1) Offender is a judge. that is. Maliciously refraining from instituting prosecution against violators of the law. (4) It is due to his inexcusable negligence or ignorance. Article 207 . The confidential matters or information must be confided to the lawyer in the latter‘s professional capacity. or to prosecute. (2) He performs any of the following acts: (a) Knowingly rendering an unjust interlocutory order or decree. knowing the commission of the crime. there must be damage to his client. with deliberate intent to inflict damage on either party in the case. Communications made with prospective clients to a lawyer with a view to engaging his professional services are already privileged even though the client-lawyer relationship did not eventually materialize. (2) There is a proceeding in his court.Prosecution of Offenses. or (b) after having received confidential information from said client. (2) He renders a judgment in a case submitted to him for decision. Malice must be proven.. barrio captain and fiscal. Article 208 . Elements: (1) Causing damage to his client. (2) Revealing any of the secrets of his client learned by him in his professional capacity (damage is not necessary). that is. If it does not.g. (4) The delay is malicious. Ex. Article 209 – Betrayal of Trust by an Attorney or a Revelation of Secrets Solicitor – 4. Malice is present where the delay is sought to favor one party to the prejudice of the other. either— (a) By any malicious breach of professional duty. 190 3. it is interlocutory. e. This crime can only be committed by a public officer whose official duty is to prosecute offenders. The crime committed by the law violator must be proved first. Elements: (1) Offender is a public officer or officer of the law who has a duty to cause the prosecution of. Mere malicious breach without damage is not a violation of Article 209. The unjust interlocutory order must have been issued by the judge with deliberate intent to cause damage to the party concerned. Modes of Commission: 5. The test to determine whether an order or judgment is unjust may be inferred from the circumstances that it is contrary to law or is not supported by evidence. (a) after having undertaken the defense of said first client. Chief of police. (3) He delays in the administration of justice. (3) The judgment is manifestly unjust. or knowing that a crime is about to be committed. [Louis Vuitton SA v. at most he will be liable administratively as a lawyer. (3) Undertaking the defense of the opposing party in the same case. he tolerates its commission. he does not cause the prosecution of the criminal. Maliciously tolerating the commission of . Judge Villanueva] offenses. The Supreme Court held that a judgment is said to be unjust when it is contrary to the standards of conduct prescribed by law. When the attorney acts with malicious abuse of his employment or inexcusable negligence or ignorance. (3) Offender acts with malice and deliberate intent to favor the violator of the law. without the consent of his first client. (b) By inexcusable negligence or ignorance. A manifestly unjust judgment is one which is so manifestly contrary to law that even a person having basic knowledge of the law cannot doubt the injustice.Malicious Delay in the Administration of Justice Elements: (1) Offender is a judge. Negligence and Tolerance Mode 1. If the order leaves something to be done in the trial court with respect to the merits of the case. it is final. 6. suspension or disbarment under the Code of Professional Responsibility. Mode 2. [US v.Unjust Interlocutory Order Elements: (1) Offender is a judge.

Temporary performance of public functions is sufficient to constitute a person a public officer. only the person offering the gift is liable for attempted corruption of a public officer. or by refraining. or performing. [People v. but the act must be unjust. promise. (3) Such offer or promise be accepted. In direct bribery however. from doing something which is his official duty to do. This made him liable under the 2nd mode of Art 210 since in the act of returning the gas tanks to the owners does not constitute a crime. (5) Undertaking the defense of the opposite party in a case without the consent of the first client whose defense has already been undertaken. (3) Inexcusable negligence. It could be in the form of money. in connection with the performance of his official duties. a gift or promise is given in consideration of the omission. Malfrosque (2004)] 191 7. in connection with the performance of his official duty. This is not necessary in prevaricacion. he demanded money and said act was in connection with the performance of his duty as a policeman.Indirect Bribery (asked twice) . In the FIRST MODE of bribery. and future crimes intended to be committed by the client. if the offer is not accepted. The GIFT must have a value or capable of pecuniary estimation. If it is just incidental. 208 (dereliction of duty). Agreeing to perform. an act constituting a crime. Article 210 . or (b) In consideration of the execution of an act which does not constitute a crime. An accepted offer or promise of a gift is sufficient. or (c) To refrain from doing something which it is his official duty to do. in consideration of any offer. The THIRD MODE of bribery and prevaricacion (art 208) are similar offenses. in consideration of gift or promise. If one party does not concur. actual receipt of the gift is not necessary. In the SECOND MODE of bribery. property or services. Elements: (1) Offender is a public officer within the scope of Article 203. although it may be the subject of administrative discipline. (2) Through gross ignorance. Bribery exists when the gift is: (1) voluntarily offered by a private person. Mode 3. he shall be liable for the penalty corresponding to the crime. (4) Revelation of secrets learned in his professional capacity. gift or present. 8. or gift or present received by the public officer – (a) With a view to committing some crime. Note: The breach of professional duty must be malicious. However. Article 211 . Agreeing to refrain. Direct bribery does not absorb Art. If the act required of the public officer amounts to a crime and he commits it. both consisting of omission of an act required to be performed. it would not give rise to criminal liability. Mode 2. It cannot consist of a mere offer or promise of a gift. A distinction must be made between confidential communications relating to past crimes already committed. (2) solicited by the public officer and voluntarily delivered by the private person.Direct Bribery (asked 6 times) Mode 1. See Qualified Bribery (211-A) Police Sergeant Malfrosque asked and accepted money in exchange for the recovery of the reported stolen gas tanks to the owners. Accepting a gift in consideration of the execution of an act which does not constitute a crime. The Supreme Court held that not all information received by counsel from client is classified as privileged. Sandiganbayan] The crime of bribery has no frustrated stage. causing damage to the client. [People v. (4) The act which offender agrees to perform or which he executes be connected with the performance of his official duties. then there is no agreement and not all the acts necessary to commit the crime were present. (2) Offender accepts an offer or a promise or receives a gift or present by himself or through another.CRIMINAL LAW REVIEWER (1) Maliciously causing damage to his client through a breach of his professional duty. (3) 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 the giver does not fall under corruption of public officials due to the involuntariness of the act). the gift must be accepted by the public officer.

There must be clear intention on the part of the public officer: (1) to take the gift offered and (2) consider the property as his own for that moment. under circumstances that will make the public officer liable for direct bribery or indirect bribery. Article 211-A . The penalty is qualified if the public officer is the one who asks or demands such present. Public officers receiving gifts and private persons giving gifts on any occasion. The dereliction of the duty punished under Article 208 of the Revised Penal Code is absorbed in Qualified Bribery. (2) He accepts gifts. The following are the SPECIAL LAWS related to the prosecution and punishment of GRAFT and CORRUPTION: (1) PD No. Article 213 . circumstance or act to show such acceptance is not sufficient to convict the officer.Fraud against the Public Treasury Offenses (asked twice) Mode 1 Entering into an agreement with any interested party or speculator or making use of any other scheme. (3) The gifts are offered to him by reason of his office. The act may or may not be accomplished. including Christmas are liable under PD 46. Chapter III: Frauds and Illegal Exactions and Transactions 0. directly or indirectly. Demanding.Qualified Bribery Elements: (1) Offender is a public officer entrusted with law enforcement. the officer does any act in favor of the giver which is unfair to the others. (3) Offender refrains from arresting or prosecuting in consideration of any offer. promise. it is not necessary that the officer do any act. It included those which may be in one‘s capacity to perform by reason of his office. The offender is the giver of the gift or the offeror of the promise. 192 10. the officer agrees to perform or refrain from doing an act in consideration of the gift or promise. In the latter case. 749 (2) RA 3019 (Anti-Graft and Corrupt Practices Act) (3) RA 7080 (Anti-Plunder Act) (4) RA 1379 (FORFEITURE OF ILL-GOTTEN WEALTH) (5) PD NO. in dealing with any person with regard to furnishing supplies.CRIMINAL LAW REVIEWER Elements: (1) Offender is a public officer. If the penalty imposed is lower than reclusion perpetua and/or death had the offender been C. in collection of taxes. (2) He refrains from arresting or prosecuting an offender who has committed a crime punishable by reclusion perpetua and/or death. or the adjustment or settlement of accounts relating to public property or funds. Article 212 . the crime continues to be indirect bribery. gift. It is sufficient that he accepts the gift offered by reason of his office. The crime of qualified bribery may be committed only by public officers ―entrusted with enforcement‖ (those whose official duties authorize them to arrest or prosecute offenders). Precisely the evil of indirect bribery is in its tendency to produce future. 46 (6) RA 6713: Code of Conduct and Ethical Standards for Public Officials and Employees 9. and other imposts. Mere physical receipt unaccompanied by any other sign. to defraud the government. licenses. unspecified. and Similar Mode 2 . 1. and unwarranted favors from the official. the making of contracts. fees. This is always in the consummated stage. The principal distinction between direct and indirect bribery is that in the former. There is no attempted much less frustrated stage in indirect bribery. the payment of sums different from or larger than those authorized by law. arrested or the crime prosecuted. If after receiving the gift. Sandiganbayan expanded the meaning of ―official duties‖. or present. Dacumas v.Corruption of Public Officials (asked 4 times) Elements: (1) Offender makes offers or promises or gives gifts or presents to a public officer. the crime is direct bribery. (2) The offers or promises are made or the gifts or presents given to a public officer.

Article 214 . The NIRC or the Revised Administrative Code is the applicable law. Additional penalty of temporary special disqualification in its maximum period to perpetual special disqualification. It is not necessary that the Government is actually defrauded by the reason of the transaction Elements of Illegal Exactions (par. or (c) Collecting or receiving. directly or indirectly. If sums are received without demanding the same.CRIMINAL LAW REVIEWER Mode 3 Failing voluntarily to issue a receipt. in the collection of taxes. by way of payment or otherwise. commodities. However. However. 3. The act of receiving payment due the government without issuing a receipt will give rise to illegal 2.1): (1) That the offender is a public officer (2) That he should have taken advantage of his public office. Illegal exaction may be complexed with malversation if illegal exaction was committed as a necessary means to commit malversation.): (1) That the offender is a public officer entrusted with the collection of taxes. The essence is the improper collection (damage to government is not required). for ay sum of money collected by him officially. regularly buying securities for resale is speculation. as provided by law. Examples of transactions of exchange or speculation are: buying and selling stocks. if the sum is given as a sort of gift or gratification. fees and other imposts. the crime is indirect bribery.Other Frauds Elements: (1) Offender is a public officer. Mere demand of a larger or different amount is sufficient to consummate the crime. directly or indirectly. the crime committed is estafa and not illegal exaction. for any sum of money collected by him officially. The offender may also be held liable under RA 3019 Sec 3(i). licenses. the payment of sums of different from or larger than those authorized by law. fees and other imports. swindling a minor. he intervened in the transaction in his official capacity (3) That he entered into an agreement with any interested party or speculator or made use of any other scheme with regard to: (a) Furnishing supplies (b) The making of contracts (c) The adjustment or settlement of accounts relating to public property or funds Consummated by merely entering into agreement with any interested party or speculator or by merely making use of other scheme to defraud the government. (3) The transaction takes place within the territory subject to his jurisdiction. in any transaction of exchange or speculation. When there is deceit in demanding a greater fee than those prescribed by law. which means official receipt. things or objects of a nature different from that provided by law. land etc 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. licenses. things or object of a nature different from that provided by law This can only be committed principally by a public officer whose official duty is to collect taxes. import duties and other dues payable to the government. (2) He becomes interested. apart from the penalties imposed in Arts 315-318. other deceits). other forms of swindling. license fees. (b) Failing voluntarily to issue a receipt as provided by law. Article 215 Transactions - Prohibited Elements: (1) Offender is an appointive public officer. Elements of Fraud against Public Treasury (par. (2) He is guilty of the following acts or omissions: (a) Demanding directly or indirectly. 193 Mode 4 Collecting or receiving. a felony under this article is not committed. What the law requires is a receipt in the form prescribed by law. (2) He takes advantage of his official position.2. licenses. (4) He becomes interested in the transaction during his incumbency. (infra) . directly or indirectly. in the collection of taxes. Officers and employees of the BIR or Customs are not covered by the article. by way of payment or otherwise. exaction even though a provisional receipt has been issued. that is. fees and other imposts. (3) He commits any of the frauds or deceits enumerated in Article 315 to 318 (estafa.

Returning the malversed funds is not exempting. is controlling. He is liable for malversation if such funds were lost or otherwise misappropriated by another. or the obligation to account for them. through abandonment or negligence. the crime committed is estafa. it is only mitigating. whether belonging to national or local government.CRIMINAL LAW REVIEWER 4. Article 194 216 . D. If the public officer is not accountable for the funds or property but someone else is. If there is doubt. Chapter IV: Malversation Public Funds or Property of 0. Being otherwise guilty of the misappropriation or malversation of such funds or property. in like manner. took part in any contract or transaction connected with the estate or property in the appraisal. not the name of the office. Elements common to all modes: (1) Offender is a public officer. Mode 3. and he misappropriates the same. The basis here is the possibility that fraud may be committed or that the officer may place his own interest above that of the government or party he represents. (3) When the private person is made the custodian in whatever capacity of public funds or property. (2) Experts. Malversation is also called embezzlement. Article 217 . The funds or property must be received in an official capacity. (3) Those funds or property were public funds or property for which he was accountable. the crime committed is theft or qualified theft if there is an abuse of confidence. permitted another person to take them. (4) He appropriated. permitting any other person to take such public funds or property. Intervention must be by virtue of the public office held. (2) When he has become an accomplice or accessory to a public officer who commits malversation. or through abandonment or negligence. The nature of the duties of the public officer. . This is one crime in the Revised Penal Code where the penalty is the same whether committed with dolo or through culpa. It can be committed either with malice or through negligence or imprudence. there is a prima facie presumption that he had converted the same to his own use. 1. 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 A private person may also commit malversation under the following situations: (1) Conspiracy with a public officer in committing malversation. directly or indirectly. It is not necessary that the offender profited for as long as the accountable officer was remiss in his duty of safekeeping public funds or property.Malversation of Public Funds or Property Presumption of Malversation (asked 14 times) Mode 1. Consenting. Taking or misappropriating the same. (2) He had the custody or control of funds or property by reason of the duties of his office. Fraud is not necessary. misappropriated or consented or. became interested in any contract or business in which it was his official duty to intervene. (4) When he is constituted as the depositary or administrator of funds or property seized or attached by public authority even though said funds or property belong to a private individual. 220) (infra) is not included in the crime of malversation. (3) Guardians and executors with respect to the property belonging to their wards or the estate.Possession of Prohibited Interest by a Public Officer The public officer must have official custody or the duty to collect or receive funds due the government. arbitrators. took. There must be indubitable proof that thing unaccounted for exists. and - Mode 4. Mode 2. Persons liable: (1) Public officer who. and private accountants who. distribution or adjudication of which they had acted. Audit should be made to determine if there was shortage. Audit must be complete and trustworthy. presumption does not arise. Presumption of misappropriation: When a demand is made upon an accountable officer and he cannot produce the fund or property involved. Otherwise. Appropriating public funds or property. Technical malversation (Art.

315) Funds/property are always private Offender is a private individual or even a public officer who is not accountable for public funds/property Crime is committed by misappropriating. malice. (3) He unlawfully leaves or attempts to leave the Philippine Islands without securing a certificate from the Commission on Audit showing that his accounts have been finally settled. Article 220 . Technical Malversation Malversation (Art. a presumption. There was no negligence. 217) Technical malversation (Art. the failure of a public officer to have duly forthcoming any public funds or property which said officer is accountable for should be prima facie evidence that he had put such missing funds or properties to personal use. Article 218 Failure of Accountable Officer to Render Accounts Elements: (1) Offender is public officer. Illegal use of public funds or property is also known as technical malversation.Illegal Use of Public Funds or Property Elements: (1) Offender is a public officer. converting. It is also not essential that there be misappropriation because if present. was installed upon demand by any duly authorized officer. [Quizo v. permitting any other person to take the public funds/property No element of damage. Wa-Acon (2006)] 2. Malversation vs. Estafa with Abuse of Confidence (Art. or denying having received money. Demand not necessary. But on the same date that the audit was made. The Supreme Court considered the circumstances as negative of criminal intent. It is not necessary that they really misappropriated public funds. The purpose of the law is to discourage responsible or accountable officers from leaving without first liquidating their accountability. 4. (3) Such fund or property were appropriated by law or ordinance. Article 219 . 195 3. The term technical malversation is used because in this crime. Art 217 no longer requires proof by the State that the accused actually appropriated. though disputable and rebuttable. the crime would be malversation. nor intent to defraud. taking.Failure of a Responsible Public Officer to Render Accounts Before Leaving the Country Elements: (1) Offender is a public officer. (2) There are public funds or property under his administration. goods or other personal property There is damage.CRIMINAL LAW REVIEWER The accused incurred shortage (P1. The public officer applies the public funds or property under his administration to another public use different from that for which the public fund was appropriated by law A routine government audit was conducted in WaAcon‘s office and it was discovered that the sacks of rice entrusted to him for safekeeping were missing. The cash advances were made in good faith and out of good will to coemployees which was a practice tolerated in the office. (4) He applies such public fund or property to any public use other than for which it was appropriated for.74) mainly because the auditor disallowed certain cash advances the accused granted to employees. or allows any other person to take such funds or property for the latter‘s own personal use. (3) He is required by law or regulation to render account to the Commission on Audit. (2) He is an accountable officer for public funds or property. . 217) Funds or property usually public Offender is usually a public officer who is accountable for the public funds/property Crime is committed by appropriating. (4) He fails to do so for a period of two months after such accounts should be rendered. 220) The offender misappropriates public funds or property for his own personal use. (2) He is an accountable officer for public funds or property. whether in the service or separated therefrom by resignation or any other cause. or misappropriating/consenting or through abandonment or negligence. Regardless of damage or embarrassment to the public service. took. [People v. he partly reimbursed the amount and paid it in full three days later. Demand for accounting is not necessary. instead. or to a provincial auditor. or misappropriated public funds or property. There is a need for prior demand. Sandiganbayan] Malversation (Art. the fund or property involved is already appropriated or earmarked for a certain public purpose.

he does not incur criminal liability (unless cooperating with the offender). or property (2) Administrator or depositary of funds or property that has been attached. 1. the crime is delivering prisoners from jail under Article 156. of Public Funds or Failing to make payment by a public officer who is under obligation to make such payment from government funds in his possession. he is liable for evasion of service (Art. (2) The conveyance or custody of a prisoner or person under arrest is confided to him.CRIMINAL LAW REVIEWER or ordinance. Article 225 . (4) He maliciously fails to make the payment. (b) to deliver any property in his custody or under his administration (3) He maliciously fails to make the payment or refuses to make delivery. 157) (2) If he is a detention prisoner. (2) He is under obligation to either: (a) make payment from such funds. or that the escape takes place through his negligence. whether the prisoner is a convict or a detention prisoner. This includes allowing prisoners to sleep and eat in the officer‘s house or utilizes the prisoner‘s services for domestic chores. (4) He was in connivance with the prisoner in the latter‘s escape. Elements: (1) Public officer has government funds in his possession. Article 221 . If the offender who aided or consented to the prisoner‘s escaping from confinement. 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. Mode 2. 2. Chapter V: Infidelity of Public Officers 0. Article 224 . seized or deposited by public authority.‖ A judicial administrator in charge of settling the estate of the deceased is not covered by the article. The liability of an escaping prisoner: (1) If he is a prisoner by final judgment. (2) Detention prisoners who are temporarily held in custody for any crime or violation of law or municipal ordinance. have charge of any national. 3.Failure to Make Delivery Property Mode 1. (3) Such prisoner escaped from his custody.Escape of Prisoner under the Custody of a Person Not a Public Officer E. (3) The prisoner or person under arrest escapes. (3) Such prisoner escapes through negligence. even if owned by a private individual.Conniving With or Consenting to Evasion Elements: (1) Offender is a public officer. either detention prisoner or prisoner by final judgment. Sheriffs and receivers fall under the term ―administrator. The fact that the public officer recaptured the prisoner who had escaped from his custody does not afford complete exculpation. This covers only positive carelessness and definite laxity which amounts to deliberate non-performance of duties. . (2) He is charged with the conveyance or custody of a prisoner or prisoner by final judgment. 6.Officers Included in the Preceding Provisions (1) Private individual who. in any capacity. Article 222 . (4) Offender consents to the escape. (―shall consent to the escape‖) Classes of prisoners involved (1) Those who have been sentenced by final judgment to any penalty. Elements: (1) Offender is a private person. (2) He had in his custody or charge a prisoner.Evasion through Negligence (asked 5 times) Elements: (1) Offender is a public officer. provincial or municipal funds. Refusing to make delivery by a public officer who has been ordered by competent authority to deliver any property in his custody or under his administration. Article 223 . revenue. 196 5. is not the custodian.

destroys or conceals a document or papers. Rodillas] 5. It is immaterial whether or not the illicit purpose of the offender has been accomplished. is caused to the public interest. permitted her to go to the ladies washroom unescorted and after her escape. (4) He breaks the seal or permits them to be broken. 7. did not report it immediately to his superiors. SC held that he is guilty of the crime in Art 224 for being negligent in the performance of his duties which made the escape of Sacris possible. Even if actually. material damage is not necessary. (4) He does not have proper authority. This could cover failure on the part of the post office to forward the letters to their destination. (3) Those papers should not be published. documents or objects. The act should not fall under 227. The document must be complete and one by which a right could be established or an obligation could be extinguished. the word "breaking" should not be given a literal meaning. (3) He reveals such secret without authority or justifiable reasons. Article 229 . Art. instead he went around looking for her. Concealment. Article 227 . because the custodian managed to open the parcel without breaking the seal. (3) These papers or property are sealed by proper authority. After the court adjourned he let her eat lunch with her family. (5) The delivery is wrongful. The element of damage is not required. (3) Said document or papers should have been entrusted to such public officer by reason of his office. (4) Damage. Elements: (1) Offender is a public officer. whether serious or not. (2) He knows of a secret by reason of his official capacity. (3) He opens or permits to be opened said closed papers.Officer Breaking Seal Elements: (1) Offender is a public officer. (2) He has charge of papers.CRIMINAL LAW REVIEWER The party who is not the custodian but who conspired with the custodian in allowing the prisoner to escape does not commit infidelity in the custody of the prisoner. Can only be committed by the public officer who is made the custodian of the document in his official capacity. the seal was not broken.Opening of Closed Documents Elements: (1) Offender is a public officer. or Destruction of Documents Elements: (1) Offender is a public officer. Removal is consummated upon taking or secreting away of the document from its usual place. Article 226 Removal. Mode 2. . 197 6. In "breaking of seal". Revealing any secrets known to the offending public officer by reason of his official capacity. If the officer was placed in possession of the document but it is not his duty to be the custodian thereof. or objects are entrusted to his custody. However. Wrongfully delivering papers or copies of papers of which he may have charge and which should not be published. (2) Any closed papers. (6) Damage is caused to public interest. to a third party or to the public interest has been caused. Elements: (1) Offender is a public officer. there is no crime. Damage to public interest is necessary. (2) He is charged with the custody of papers or property. (4) He delivers those papers or copies thereof to a third person.Revelation of Secrets by an Officer Mode 1. documents. (4) Damage. [People v. (2) He abstracts. great or small. this crime is not committed. Damage in this article may consist in mere alarm to the public or in the alienation of its confidence in any branch of the government service. Damage also not necessary 4. 225 not applicable if a private person was the one who made the arrest and he consented to the escape of the person he arrested. Article 228 . Policeman Rodillas escorted detained prisoner Sacris to the court. If the writings are mere forms.

not appointive officers.Refusal of Assistance Elements: (1) Offender is a public officer. (2) He knows of the secrets of a private individual by reason of his office. (3) Such judgment. Concealment or Destruction of Documents (Art. discharge of duties becomes a matter of duty. ―Charge‖: means custody or control. (4) He. Article 233 . .Public Revealing Secrets of Individuals Officers Private Elements: (1) Offender is a public officer. 3. Article 231 . (2) He refuses to be sworn in or to discharge the duties of said office. (2) An order is issued by his superior for execution. 229) The papers contain secrets and therefore should not be published. Applies whether or not serious damage to the public interest was committed. The request must come from one public officer to another. The reason for this provision is to uphold faith and trust in public service. Damage is essential to the act committed. Damage to private individual is not necessary. 1. (3) There is no legal motive for such refusal to be sworn in or to discharge the duties of said office. 198 2. If he is merely entrusted with the papers and not with the custody thereof. (2) A competent authority demands from the offender that he lend his cooperation towards the administration of justice or other public service. and the public officer having charge thereof removes and delivers them wrongfully to a third person. 226) The papers do not contain secrets but their removal is for an illicit purpose. But mere demand will fall under the prohibition under the provision of Republic Act No. their removal for an illicit purpose is infidelity in the custody of documents. When the offender is a public attorney or a solicitor. Removal.Disobedience to the Order of Superior Officer When Said Order Was Suspended by Inferior Officer Elements: (1) Offender is a public officer. Article 232 . (2) There is a judgment. Chapter VI: Other Offenses or Irregularities by Public Officers 0. the crime is revelation of secrets. decision or order was made within the scope of the jurisdiction of the superior authority and issued with all the legal formalities.CRIMINAL LAW REVIEWER Espionage is not contemplated in this article since revelation of secrets of the State to a belligerent nation is already defined in Art 117 and CA 616. without any legal justification. which he is duty bound to obey. openly refuses to execute the said judgment. (4) His superior disapproves the suspension of the execution of the order. and the public officer having charge thereof removes and delivers them wrongfully to a third person. bribery is committed. If he receives consideration therefore. Revelation Of Secrets By An Officer (Art. he is not liable under this article. (3) He reveals such secrets without authority or justifiable reason. 4. (5) Offender disobeys his superior despite the disapproval of the suspension. If the papers contain secrets which should not be published. Secrets must affect public interest. 8. the act of revealing the secret should not be covered by Art 209. Once an individual is elected to an office by the will of the people. 3019 (AntiGraft and Corrupt Practices Act). On the other hand. decision or order. (3) He has for any reason suspended the execution of such order.Open Disobedience Elements: (1) Officer is a judicial or executive officer. (3) Offender maliciously fails to do so. decision or order of a superior authority. Article 230 . F. Revelation to one person is sufficient. not only a right. This only applies for elective. This does not apply if the order of the superior is illegal. Article 234 .Refusal to Discharge Elective Office Elements: (1) Offender is elected by popular election to a public office. if the papers do not contain secrets. Secrets of private persons are not included.

There is actual abandonment through resignation to evade the discharge of duties. ii. or (c) suspends the execution thereof. Article 239 . 208) Committed only by public officers who have the duty to institute prosecution for the punishment of violations of the law Public officer does not abandon his office but merely fails to prosecute a violation of the law. (4) He abandons his office to the detriment of the public service. (2) That he: (a) makes general rules or regulations beyond the scope of his authority. or dismissed. To be considered a detention prisoner. and he manhandles the latter. Abandonment of Office or Position (Art. The offenders here can be those suspended. 238) Committed by any public officer Dereliction of Duty (Art. Article 237 Prolonging Performance of Duties and Powers Elements: (1) Offender is holding a public office. The offense is qualified when the purpose of the abandonment is to evade the discharge of duties of preventing. By inflicting such punishments (those authorized) in a cruel and humiliating manner. By the imposition of punishment not authorized by the regulations. Arts 239-241 punish interference by public officers of the executive or judiciary with the functions of another department of government to keep them within legitimate confines of their respective jurisdictions. Article 235 . (3) His resignation has not yet been accepted. Article 236 . it has to be in written form. (b) By maltreating such prisoners to extort a confession or to obtain some information from the prisoner. either by election or appointment. The maltreatment does not really require physical injuries. See: Human Security Act of 2007 (R. . the person arrested must be placed in jail even for just a short while. (2) The period provided by law.Maltreatment of Prisoners Elements: (1) Offender is a public officer or employee. Any kind of punishment not authorized or although authorized if executed in excess of the prescribed degree. the crime is physical injuries. 9372) 7. 6. declared over-aged. 9.Abandonment of Office or Position Elements: (1) Offender is a public officer. punishing any of the crimes falling within Title One and Chapter One of Title Three of book two of the RPC. (2) He formally resigns from his position. Article 238 . (3) He assumes the performance of the duties and powers of such office. prosecuting. the penalty is qualified to the next higher degree. This is committed only by such public officer charged with direct custody of the prisoner. (2) He has under his charge a prisoner or detention prisoner. If the public officer is not the custodian of the prisoner. (3) He maltreats such prisoner in either of the following manners: (a) By overdoing himself in the correction or handling of a prisoner or detention prisoner under his charge either i.Usurpation Legislative Powers of Elements: (1) Offender is an executive or judicial officer. has already expired. regulations or special provision for holding such office. (3) He continues to exercise the duties and powers of such office. separated. (4) He has not taken his oath of office and/or given the bond required by law. The offended party can either be a convict by final judgment or a detention prisoner.CRIMINAL LAW REVIEWER 5. (2) The law requires that he should first be sworn in and/or should first give a bond. For the resignation to be formal. Offender may also be held liable for physical injuries or damage caused. If the maltreatment was done in order to extort confession.A.Anticipation of Duties of a Public Officer Elements: (1) Offender is entitled to hold a public office or employment. or (b) attempts to repeal a law. 199 8.

Soliciting or making immoral or indecent advances to the wife. 200 10. daughter. Mode 3. 11. daughter. (2) A proceeding is pending before such public officer. The purpose is to maintain the independence of the judiciary from executive dictations. (3) The order or suggestion relates to any case or business coming within the exclusive jurisdiction of the courts of justice.Usurpation of Judicial Functions Elements: (1) Offender is an officer of the executive branch of the government. knowing that the person recommended is not qualified is not a crime. which is not yet decided. The disobedient officer is liable even if the jurisdictional question is resolved in his favor. (3) There is a question brought before the proper authority regarding his jurisdiction. (3) Such woman is – (a) interested in matters pending before the offender for decision.CRIMINAL LAW REVIEWER Legislative officers are not liable for usurpation of powers. (2) That he: (a) assumes a power pertaining to the executive authorities. 12. Article 244 Appointments - Unlawful Elements: (1) Offender is a public officer. (2) He nominates or appoints a person to a public office. The crime is consummated by mere proposal. Article 243 .Orders or Request by Executive Officer to Any Judicial Authority Elements: (1) Offender is an executive officer. 14. or (b) under the custody of the offender who is a warden or other public officer directly charged with the care and custody of prisoners or persons under arrest. sister or relative within the same degree by affinity of any person in the custody of the offending warden or officer. Article 245 . (2) He solicits or makes immoral or indecent advances to a woman. Elements: (1) Offender is a public officer. (2) That he: (a) assumes judicial powers. or with respect to which he is required to submit a report to or consult with a superior officer. (5) He continues the proceeding. 15. or with respect to which he is required to submit a report to or consult with a superior officer. Article 241 . . or (c) the wife.Usurpation of Executive Functions Elements: (1) Offender is a judge. There must be a law providing for the qualifications of a person to be nominated or appointed to a public office. This can also be covered by RA 3019. The mother of the person in the custody of the public officer is not included but the offender may be prosecuted under the Section 28 of RA 3019 (AntiGraft and Corrupt Practices Act). (2) He addresses any order or suggestion to any judicial authority. Soliciting or making immoral or indecent advances to a woman under the offender’s custody. or (b) obstructs the executive authorities in the lawful exercise of their powers. (4) He has been lawfully required to refrain from continuing the proceeding.Disobeying Request for Disqualification Mode 2. or (b) obstructs the execution of any order or decision rendered by any judge within his jurisdiction. Article 240 . Mode 1. sister or relative within the same degree by affinity of the person in the custody of the offender.Abuses against Chastity Soliciting or making immoral or indecent advances to a woman interested in matters pending before the offending officer for decision. Article 242 . Recommending. (4) Offender knows that his nominee or appointee lacks the qualification at the time he made the nomination or appointment. Elements: (1) Offender is a public officer. 13. (3) Such person lacks the legal qualifications therefore.

Physical Injuries Caused in Tumultuous Affray (8) Article 253 . Solicit: means to propose earnestly and persistently something unchaste and immoral to a woman.Rape (amended by RA 8353) About this Title: The essence of crimes involves the taking of human life.Challenging to a Duel Chapter II: Physical Injuries (1) Article 262 – Mutilation (2) Article 263 .Giving Assistance to Suicide (9) Article 254 . then crime would fall under Republic Act No. 1.Penalty for Frustrated Parricide.Intentional Abortion (12) Article 257 .Death or Physical Injuries Under Exceptional Circumstances (3) Article 248 – Murder (4) Article 249 – Homicide (5) Article 250 .Less Serious Physical Injuries (5) Article 266 . 3019 (The AntiGraft and Corrupt Practices Act).Administering Injurious Substances or Beverages (4) Article 265 .Serious Physical Injuries (3) Article 264 . (2) Deceased is killed by the accused.Abortion Practiced by the Woman Herself or by Parents (14) Article 259 . [Reyes] . destruction of the fetus.Parricide (asked 10 times) Elements: (1) Person is killed.Abortion by a Physician or Midwife and Dispensing of Abortives (15) Article 260 .Unintentional Abortion (13) Article 258 . Murder or Homicide (6) Article 251 .Death Caused in Tumultuous Affray (7) Article 252 . 201 A. Crimes against Persons Chapter I: Destruction of Life (1) Article 246 – Parricide (2) Article 247 .Slight Physical Injuries and Maltreatment (6) Article 266-A . The advances must be immoral or indecent. Abuse against chastity is not absorbed in rape because the basis of penalizing the acts is different from each other See also: (1) RA 3019: Anti-Graft and Corrupt Practices (2) RA 7080: Anti-Plunder Act (3) RA 9372: Human Security Act Title VIII.Responsibility of Participants in a Duel (16) Article 261 . Hence.CRIMINAL LAW REVIEWER If the offender were not the custodian. Chapter I: Destruction of Life 0. or inflicting injuries. Article 246 . except for spouses. only relatives by blood and in direct line. (3) Deceased is the (a) legitimate/illegitimate father (b) legitimate/illegitimate mother (c) legitimate/illegitimate child * should not be less than 3 days old.Discharge of Firearms (10) Article 255 – Infanticide (11) Article 256 . otherwise crime is infanticide (d) other legitimate ascendant (e) other legitimate descendant (F) legitimate spouse Essential element: relationship of offender with the victim. Proof of solicitation is not necessary when there is sexual intercourse. adopted are not included.

CRIMINAL LAW REVIEWER Supreme Court ruled that Muslim husbands with several wives can be convicted of parricide only in case the first wife is killed. Dalag] Evidence of the victim‘s promiscuity is inconsequential to the killing.Murder (asked 20 times) Elements: (1) Person was killed. and a continuous act from the moment of the surprising. A complex crime of double frustrated murder was not committed as the accused did not have the intent to kill the two victims. Article does not apply: If the surprising took place before any actual sexual intercourse could be done. fall of an airship. stranding of a vessel. (f) with cruelty. (2) Accused killed him. or employing means to weaken the defense. (b) in consideration of a price. poison. This is because law regards the act done in 247 as a lawful action. as the case may be. [People vs. or any other public calamity. If done in a motel. (d) on occasion of any of the calamities enumerated in the preceding paragraph. (4) The killing is not parricide or infanticide. Abarca] 202 2. by means of motor vehicles. it was held that Article 247 was applicable. (2) He or she kills any or both of them. the accused did not commit murder when he fired at the paramour of his wife. the latter under 18 years of age and living with him in the act of sexual intercourse with another person. No criminal liability when less serious or slight physical injuries are inflicted. (3) He has not promoted or facilitated the prostitution of his wife or daughter. ―Surprise‖ means ―to come upon suddenly and unexpectedly. with the aid of armed men. However. or of an earthquake. (3) Killing attended by any of the following qualifying circumstances – (EPIC2 SW2AT) (a) with treachery. is not guilty of parricide but only homicide or murder. (c) by means of inundation. Article 248 . Although about one hour had passed between the time the accused discovered his wife having sexual intercourse with the victim and the time the latter was actually killed. Here. Inflicting death under exceptional circumstances is not murder. reward or promise. surprises his spouse or his daughter. or outraging or scoffing at his person or corpse. fire. Parricide when the penalty shall not be reclusion perpetua to death: (1) Reckless or simple imprudence (Art. as the shooting was a continuation of the pursuit of the victim by the accused. or of means or persons to insure or afford impunity. epidemic. The key element in parricide is the relationship of the offender with the victim. (e) with evident premeditation. ―Living with parent(s)‖ is understood to be in their own dwelling. and that he killed the man during or immediately thereafter. or that she has not consented to the infidelity of the other spouse. destructive cyclone. explosion.‖ Immediately thereafter: there is no set time as jurisprudence has held 1 hour or even 4 hours as ―immediately thereafter‖. taking advantage of superior strength. or with the use of any other means involving great waste and ruin. Two other persons suffered physical injuries as they were caught in the crossfire when the accused shot the victim. article does not apply. 247) A stranger who cooperates and takes part in the commission of the crime of parricide. the fact of the relationship should be alleged in the information. Ergo. Puedan] The killing must be the direct result of the outrage suffered by the cuckolded husband. the act done must be a direct result of the outrage of the cuckolded spouse. . by deliberately and inhumanly augmenting the suffering of the victim. Destierro for killer spouse is not so much a penalty as it is meant to protect him from acts of reprisal by relatives of dead spouse. 365) (2) Parricide by mistake (Art. shipwreck. The offender must prove that he actually surprised his wife and [her paramour] in flagrante delicto. derailment or assault upon a railroad.Death or Physical Injuries Under Circumstances Exceptional (asked 8 times) Elements: (1) A legally married person. 3. or a parent. No aberratio ictus because he was acting lawfully. 49) (3) Parricide under exceptional circumstances (Art. [People v. or inflicts upon any or both of them any serious physical injury in the act or immediately thereafter. [People v. Article 247 . eruption of a volcano.

When the other circumstances are absorbed or included in one qualifying circumstance. Buensuceso (1984)] CRUELTY Under Article 14. and not the intent of the act. the crime is only murder. deliberately adopted by the offender and were not merely incidental to the killing. The victim died. If there are more than one alleged in the information for murder. which is presumed. however. (3) Offender had the intention to kill. which is death as a consequence of arson. FIRE When a person is killed by fire. (4) Killing was not attended by any of the qualifying circumstances of murder. In accidental homicide wherein death of a person is brought about by a lawful act performed with proper care and skill and without homicidal intent. a single indivisible crime penalized under Article 326. Killing of a child of tender age is murder qualified by treachery. be entitled to the mitigating circumstance of lack of intent to commit so grave a wrong. Physical injuries sufficient to cause death are one of the essential elements of frustrated homicide. [People v. they cannot be considered as generic aggravating. in murder. Intent to kill must be present for the use of fire to be appreciated as a qualifying circumstance. 248 must be alleged in the information. When the victim is already dead. There was no animosity between the two accused and the victim such that it cannot be said that they resort to fire to kill him. The accused will. Intending to make fun of a mentally-disabled person. the crime is arson with homicide. Although it has not been shown which of the policemen fired the fatal shot each should be held guilty of murder since they are in conspiracy to effect the death of the victim. if without the premeditation the inductor would not have induced the other to commit the act but not as regards the one induced. only one will qualify the killing to murder and the other circumstances will be taken as generic aggravating circumstance. There is no offense of frustrated homicide through imprudence. the crime will be homicide because the law presumes intent to kill and punishes the result. methods.CRIMINAL LAW REVIEWER One attendant qualifying circumstance is enough. if as a result of the physical injuries inflicted. intent to kill becomes irrelevant. or by that of parricide or infanticide Use of unlicensed firearm circumstance in homicide. is an aggravating In attempted or frustrated homicide. 203 4. there is none. EVIDENT PREMEDITATION Act of the offender manifestly indicating that he clung to his determination to kill his victim. Abuse of superior strength is inherent in and comprehended by the circumstance of treachery or forms part of treachery. It is important only if the victim did not die to determine if the felony is physical injury or attempted or frustrated homicide. the primordial criminal intent of the offender is considered. somebody within the premises is killed. (2) Offender killed him without any justifying circumstances. Evident premeditation is absorbed in price. TREACHERY The essence of treachery is that the offended party was denied the chance to defend himself because of the means. Pariseo Tayag was shot dead by several policemen in the course of their pursuit to get his fan knife. there must be evidence to that effect. . Yet. the generic aggravating circumstance of cruelty requires that the victim be alive. In physical injuries.Homicide (asked 16 times) Elements: (1) Person was killed. Pugay and Samson] POISON Treachery and evident premeditation are inherent in murder by poison only if the offender has the intent to kill the victim by use of poison. there is intent to kill. If the primordial criminal intent of the offender is to kill and fire was only used as a means to do so. [People v. Any of the qualifying circumstances enumerated in Art. However. Article 249 . reward or promise. therefore. It was merely a part of their fun making but because their acts were felonious. If the primordial criminal intent of the offender is to destroy property with the use of pyrotechnics and incidentally. Pugay poured gasoline on the latter while Samson set him on fire. the victim died. they are criminally liable. when the cruel wounds were inflicted and. aside from cruelty. any act that would amount to scoffing or decrying the corpse of the victim will qualify the killing to murder. there is no liability.

The crime would be murder or homicide. If the person does the killing himself. (5) It cannot be ascertained who actually killed the deceased.) or whatever manner of positive and direct cooperation (intellectual aid. whether the suicide is consummated or not. or if property was destroyed. or if participants are armed. the victim is not in a position to commit suicide. (6) The person or persons who inflicted serious physical injuries or who used violence can be identified. homicide. Slight physical injury is considered as inherent in a tumultuous affray. 7. The crimes committed might be disturbance of public order. or (2) 3 degrees murder. poison. In euthanasia. Reason: He should be pitied. (2) Offender has no intention to kill that person. with consent. The person attempting suicide is not liable.Physical Injuries Caused in Tumultuous Affray Elements: (1) There is a tumultuous affray. homicide lower for attempted parricide. this Article applies. covered by Article 253). it could be malicious mischief. Giving assistance to suicide means giving means (arms. It is essential for prosecution to prove that the discharge of firearm was directed precisely against the offended party. No crime of physical injuries resulting from a tumultuous affray if the physical injury is only slight. If nobody could still be traced to have employed violence upon the victim. Article 251 . but the person or persons who used violence are known. If there is conspiracy. etc. [People v. or 8. When taken by the patient. the penalty is similar to that of homicide. (4) All those who appear to have used violence upon the person of the offended party are known. But if the patient himself asks to be killed by his doctor. Article 250 Penalty for Frustrated Parricide. Physical injury should be serious or less serious. Murder or Homicide a penalty: lower for frustrated parricide. Courts may impose (1) 2 degrees murder. not punished. Euthanasia is not lending assistance to suicide. 6. (2) A participant or some participants thereof . A doctor who resorts to euthanasia of his patient may be liable for murder. Lending his assistance to another to commit suicide to the extent of doing the killing himself.). or who inflicted the serious physical injury.Giving Assistance to Suicide Mode 1: Mode 2: Assisting another to commit suicide. suggestions regarding the mode of committing suicide. (3) The person responsible thereof cannot be identified. The element of intent to kill in frustrated homicide is incompatible with negligence or imprudence. Article 253 . (if without consent. Article 252 . Tumultuous affray is a commotion in a confused manner to an extent that it would not be possible to identify who the killer is if death results. nobody will answer. (4) Someone was killed in the course of the affray.Discharge of Firearms Elements: (1) Offender discharges a firearm against or at another person. 9. Castillo] suffered serious physical injuries or physical injuries of a less serious nature only.CRIMINAL LAW REVIEWER Accused pharmacist prepared the medicine on prescription but erroneously used a highly poisonous substance.Death Caused in Tumultuous Affray Elements: (1) There are several persons. this crime is not committed. There can be no qualifying circumstance because the determination to die must come from the victim. 204 5. which is reclusion temporal. etc. This does not contemplate euthanasia or mercy killing where the crime is murder. the latter nearly died. Accused is guilty only of reckless imprudence resulting in serious physical injuries. (2) They do not compose groups organized for the common purpose of assaulting and attacking each other reciprocally. it could be tumultuous disturbance. (3) These several persons quarreled and assaulted one another in a confused and tumultuous manner. Article 254 . No crime if firearm is not discharged.

(3) Acting (by administering drugs beverages). or the 205 10. If the child is abandoned without any intent to kill and death results as a consequence. he is liable for an impossible crime if the woman suffers no physical injury. Unintentional abortion may be committed through negligence as it is enough that the use of violence be voluntary. the crime committed is light threats. If the mother as a consequence of abortion suffers death or physical injuries. (2) Violence is exerted. (2) Violence is used upon such pregnant woman without intending an abortion. but without using violence. It merely lowers the penalty. If the act of violence is not felonious. Frustrated abortion is committed if the fetus that is expelled is viable and. or homicide. If she dies or suffers injuries. If the offender is the parent and the victim is less than three days old. or any other act of the accused. or that the accused otherwise acts upon such pregnant woman. serious physical injuries. If the woman turns out not to be pregnant and someone performs an abortion upon her. there is no liability. A stranger who cooperates in the perpetration of infanticide committed by the mother or grandparent on the mother‘s side. (By administering drugs or beverages upon such pregnant woman without her consent. ABORTION vs. (3) The violence is intentionally exerted.) .Infanticide Elements: (1) A child was killed by the accused. Article 255 . the offender must know of the pregnancy because the particular criminal intent is to cause an abortion. separation from the mother‘s womb. without intention to cause the abortion. Only the mother and maternal grandparents of the child are entitled to the mitigating circumstance of concealing the dishonor. (4) Result of violence – fetus dies. The fact that the killing was done to conceal her dishonor will not mitigate the criminal liability anymore because concealment of dishonor in killing the child is not mitigating in parricide. etc. (3) As a result of the use of violence or drugs or beverages upon her. the crime committed is the complex crime of parricide with unlawful abortion. act of self-defense. it may be classified as attempted parricide.CRIMINAL LAW REVIEWER If there is intention to kill. that is. In intentional abortion. either in the womb or after having been expelled therefrom. is liable for infanticide. either in the womb or expelled therefrom Unintentional abortion requires physical violence inflicted deliberately and voluntarily by a third person upon the pregnant woman. No presumed intent to kill if the distance is 200 meters. or drugs or beverages administered. therefore. and there is no knowledge of the woman‘s pregnancy. not dead as abortion did not result despite the employment of adequate and sufficient means to make the pregnant woman abort. (4) The abortion is intended. Article Abortion 257 - Unintentional (asked 3 times) Elements: (1) There is a pregnant woman. Article Abortion 256 - Intentional Elements: (1) There is a pregnant woman. murder. Ways of committing intentional abortion (1) Using any violence upon the person of the pregnant woman. (2) Acting. INFANTICIDE ABORTION INFANTICIDE Fetus could not sustain Fetus could sustain an independent life. (2) The deceased child was less than 3 days old. the crime is infanticide and not parricide. with the consent of pregnant woman. No independent life after legal viability. the crime will be homicide. 11. the crime committed is not infanticide but abandonment under Article 276. 12. the fetus dies. you have a complex crime of murder or physical injuries and abortion. but he must suffer the penalty prescribed for murder. If the pregnant woman was killed by violence by her husband. without the consent of the woman. If the pregnant woman aborted because of intimidation. Concealment of dishonor is not an element of infanticide. There is a special complex crime of illegal discharge of firearm with serious or less serious physical injuries. the crime committed is not unintentional abortion because there is no violence.

Duel is a formal or regular combat previously consented to by two parties in the presence of two or more seconds of lawful age on each side. Inciting another to give or accept a challenge to a duel. let us measure your prowess. It will be a quarrel and anyone who killed the other will be liable for homicide or murder. to be held committed. .Responsibility of Participants in a Duel Killing one’s adversary in a duel. Mode 2. If these are not the conditions of the fight. Salufrania (1988)] For the crime of abortion. (2) The abortion is intended.Abortion by a Physician or Midwife and Dispensing of Abortives Mode 1. as principals. (3) Abortion is caused by – (a) The pregnant woman herself. (2) Abortion is intended. You are a coward if you do not come down‖. is not sufficient proof to show an intent to cause abortion. [People v. as accomplices. Mode 1: Article 260 . Mode 3. unlike in infanticide. Mode 2: Inflicting upon such adversary physical injuries. Carnaso] 15. If the purpose of parents is not to conceal dishonor. We will see whose intestines will come out. (b) Any other person. with her consent for the purpose of concealing her dishonour. (4) Said physician or midwife took advantage of his or her scientific knowledge or skill. or both combatants in any other case. Olympia. Persons Responsible under Art. or (c) Any of her parents. If the purpose of abortion is to conceal dishonor. Elements: (1) There is a pregnant woman who has suffered an abortion.Challenging to a Duel 14. the crime is intentional abortion. If pharmacist knew that the abortive would be use for abortion. [People v. If the abortion is produced by a physician to save the life of the mother. 261: (1) Challenger (2) Instigators If one challenges another to a duel by shouting ―Come down. Jose] Mere boxing of the stomach taken together with the immediate strangling of the victim in a fight.CRIMINAL LAW REVIEWER Article punishes a pharmacist who merely dispenses with an abortive without the proper prescription of a physician. it is not a duel in the sense contemplated in the Revised Penal Code. as the case may be. 13. This is an obsolete provision. her would be liable as an accomplice in the crime of abortion. the accused must have known of the pregnancy. mitigation applies only to pregnant woman and not to parents of pregnant woman. Article 261 . [People v. Scoffing at or decrying another publicly for having refused to accept a challenge to fight a duel. even unintentional. The accused must have merely intended to kill the victim but not necessarily to cause abortion. 16. Persons liable (1) The person who killed or inflicted physical injuries upon his adversary. caused or assisted in causing the abortion. The accused is liable for complex crime of parricide with unintentional abortion for it was merely incidental to the killing. There is no such crime nowadays because people hit each other even without entering into any preconceived agreement. Article 258 Abortion Practiced by the Woman Herself or by Parents Elements: (1) There is a pregnant woman who has suffered an abortion. the crime of challenging to a duel is not committed. 206 Jose is declared guilty of the crime of unintentional abortion through reckless imprudence for having bumped a calesa which resulted in a pregnant woman bumping her abdomen against the wall of the calesa and eventually led to an abortion. who make the selection of arms and fix all the other conditions of the fight to settle some antecedent quarrel. there is no liability. Article 259 . Mode 3: Making a combat although no physical injuries have been inflicted. (3) Offender. (2) The seconds. with her consent. Challenging another to a duel. who must be a physician or midwife.

mutilation of organs necessary for generation. or a leg. Physical Injuries vs. even if no physical injuries are inflicted. Illustration: Intent to mutilate must be established. Intentionally mutilating another by depriving him. that is. Intentionally making other mutilation. in consequence of the physical injuries inflicted— (1) becomes insane. (2) When the injury created a deformity upon the offended party. a hand. (b) It must be visible. (c) The ugliness will not disappear through natural healing process.CRIMINAL LAW REVIEWER What is committed is the crime of light threats under Article 285. of some essential organ for reproduction MAYHEM . or loses an eye. [People v. it is considered serious physical injuries. you do not consider the period of medical treatment. (2) The mutilation is caused purposely and deliberately Mode 2. paragraph 1 of the Revised Penal Code. either totally or partially. or (4) By administering injurious substance. Tacomoy] (7) loses the use thereof. (2) It was done by knowingly administering to him any injurious substance or beverages or by taking advantage of his weakness of mind or credulity. that is. either totally or partially. (3) By assaulting.Serious Physical Injuries (asked 6 times) Modes of Commission: (1) By wounding. (9) becomes ill or incapacitated for labor for more than 30 days (but must not be more than 90 days).intentionally mutilating another by depriving him. imbecilic. 207 B. as a result of the physical injuries inflicted. Attempted or Frustrated homicide Physical Injuries Attempted or Frustrated homicide The offender inflicts Attempted homicide may physical injuries. be committed. there can be no attempted or frustrated stage thereof. If there is no intent. Article 263 . Article 262 . Offender has no intent The offender has an to kill the offended party intent to kill the offended party. CASTRATION . At once. As long as there is no injury. You only consider the period when the offended party is rendered incapacitated for labor. of some essential organ for reproduction. . It is a crime of result. an arm. the crime is only serious physical injury. (4) becomes incapacitated for the work in which he was theretofore habitually engaged. or (6) loses any other member of his body. you disregard the healing duration or the period of medical treatment involved. (5) becomes deformed. such as the penis or ovarium. Chapter II: Physical Injuries 0. by lopping or clipping off any part of the body of the offended party. (Mutilation) 3. (Art. or (8) becomes ill or incapacitated for the performance of the work in which he was habitually engaged for more than 90 days in consequence of the physical injuries inflicted. 264) Levels of Penalty: When the injured person. impotent or blind (2) loses the use of speech or the power to hear or to smell. to deprive him of that part of his body. afoot.intentionally making other mutilation other than some essential organ for reproduction and to deprive him of that part of the body 2. other than the essential organ for reproduction.Mutilation Mode 1. (Mayhem) Elements: (1) Offender inflicted upon another any serious physical injury. (3) loses the use of any such member. Article 264 Administering Injurious Substances or Beverages Elements: (1) There be a castration. (3) Deformity requires the concurrence of the following conditions: (a) The injury must produce ugliness. 1. (2) By beating. The reason why there is no attempted or frustrated crime of physical injuries is because this felony is defined by the gravity of the injury. Classification of physical injuries: (1) Between less serious physical injuries and serious physical injuries. in consequence of the physical injuries inflicted. (3) He had no intent to kill.

So the healing duration may be one to nine days. This involves even ill-treatment where there is no sign of injury requiring medical treatment.CRIMINAL LAW REVIEWER (1) Loss of molar tooth – This is not deformity as it is not visible. 6. curators or teachers. Where there is no evidence of actual injury. Qualified as to penalty (1) A fine not exceeding P 500. but if the offended party is still incapacitated for labor beyond nine days. the physical injuries would already qualify as less serious physical injuries. (2) The physical injuries must not be those described in the preceding articles. In the absence of proof as to the period of the offended party‘s incapacity for labor or of the required medical attendance.00. not only the healing duration of the injury will be considered but also the medical attendance required to treat the injury. the crime is slander by deed. the crime committed is slight physical injuries.Rape (amended by RA 8353) (asked: 10x) Mode 1: Rape through sexual intercourse without consent of the woman: (Traditional Rape) 5. or needs medical attendance for the same period of time. Mode 3. (3) Loss of milk front tooth – This is not deformity as it is visible but will be naturally replaced. but if the medical treatment continues beyond nine days. But if the slapping is done to cast dishonor upon the person slapped. or (b) There are circumstances adding ignominy to the offense. Article 265 . Serious physical injuries is punished with higher penalties in the following cases: (1) If it is committed against any of the persons referred to in the crime of parricide under Article 246. . (2) Loss of permanent front tooth – This is deformity as it is visible and permanent. (2) Offender had carnal knowledge of a woman. The medical treatment may have lasted for nine days. OR required medical attendance during the same period. Physical injuries which did not prevent the offended party from engaging in his habitual work or which did not require medical attendance. 266 . ascendants. or to humiliate or embarrass the offended party out of a quarrel or anger. Exploitation and Discrimination Act) 208 4. Ill-treatment of another by deed without causing any injury. in addition to arresto mayor. provided the crime is not direct assault.Slight Physical Injuries and Maltreatment Physical injuries incapacitated the offended party for labor from 1-9 days. the physical injuries are already considered less serious physical injuries. guardians. Between slight physical injuries and less serious physical injuries. (3) Such act is accomplished under any of the following circumstances: (a) By using force. it is only slight physical injuries. (2) The act of sexual assault is committed by any of the following means: (a) By inserting his penis into another person's mouth or anal orifice. See Special Law: RA 7610 (Special Protection of Children Against Child Abuse. See Special Law: RA 8049 (The Anti-Hazing Law) See Special Law: RA 9745 (The Anti-Torture Law) Slapping the offended party is a form of illtreatment which is a form of slight physical injuries. (c) By means of fraudulent machination or grave abuse of authority. threat or intimidation.Less Serious Physical Injuries Elements: (1) Offended party is incapacitated for labor for 10 days or more (but not more than 30 days). (2) A higher penalty is imposed when the victim is either – (a) The offender‘s parents. Article Mode 1. when (a) There is a manifest intent to insult or offend the injured person. Elements: (1) Offender is a man. or (b) By inserting any instrument or object into the genital or anal orifice of Mode 2. (d) When the woman is under 12 years of age (Statutory Rape) or is demented. Article 266-A . Mode 2: Rape Through Sexual Assault Elements: (1) Offender commits an act of sexual assault. or (b) Persons of rank or person in authority. (b) When the woman is deprived of reason or is otherwise unconscious. (2) If any of the circumstances qualifying murder attended its commission.

that is. or (c) By means of fraudulent machination or grave abuse of authority. stepparent. ascendant. Rape is consummated & homicide is committed by reason or on the occasion thereof (a special complex crime) Death Reclusion perpetua Marriage extinguishes the penal action only as to the principal (the person who married the victim). E. or (d) When the woman is under 12 years of age or demented. Victim becomes insane by reason or on the occasion of rape Reclusion perpetua to Reclusion temporal death C. if a woman or a man uses an instrument on anal orifice of male. RA Old Anti-Rape Law Crime against chastity May be committed by a man against a woman only PRIVATE CRIME – Complaint must be filed by the woman or her parents. Committed with any of the ff. or other relatives w/in the 3rd civil degree of consanguinity Old Anti-Rape Law vs. Committed: 1) with the use of a deadly weapon. or the common law spouse of the parent of the victim (b) victim is under the custody of the police / military authorities / law enforcement agency (c) victim is a religious and such legitimate vocation is known by the offender before or at the time of rape (d) victim is a child below 7 yrs. & took advantage of his position (c) Offender knew of the pregnancy of the offended party at the time of the commission of rape (d) Offender knew of the mental disability. & / or physical handicap of the offended party at the time of the commission of rape (3) On 3RD PERSONS: Rape is committed in full view of the of the spouse. Rape is attempted & homicide is committed by reason or on the occasion thereof Reclusion perpetua to Reclusion temporal to death reclusion perpetua D. guardian.CRIMINAL LAW REVIEWER another person. any of the children. and cannot be extended to coprincipals in case of MULTIPLE RAPE Marital rape recognized . Penalties Traditional Rape Sexual Assault In general: Reclusion In general: Prision perpetua mayor A.  Inserting a finger inside the genital of a woman is rape through sexual assault within the context of ‗object‘. & the offender is a parent. or 2) by 2 or more persons Reclusion perpetua to Prision mayor to death reclusion temporal B. emotional disorder. old (e) victim suffered permanent or physical mutilation or disability by reason or on the occasion of rape (2) On the OFFENDER: (a) Offender is afflicted with a sexually transmissible disease & the virus / disease is transmitted to the victim (b) Offender is a member of the AFP / PNP / any law enforcement agency / penal institution. aggravating circumstances: (1) On the VICTIM: (a) victim is under 18 yrs. relative by consanguinity or affinity w/in the 3rd civil degree. grandparents or guardian if the woman was a minor or incapacitated Marriage of the victim w/ one of the offenders benefits not only the principal but also the accomplices and accessories Marital rape NOT 8353 RA 8353 Crime against persons Under the 2nd type. parent. (2) Sexual assault  Rape can now be committed by a man or a woman. old. (3) The act of sexual assault is accomplished under any of the following circumstances: (a) By using force or intimidation. or (b) When the woman is deprived of reason or otherwise unconscious. she or he can be liable for rape. sexual assault may be committed by ANY PERSON against ANY PERSON May be prosecuted even if the woman does not file a complaint 209 Classification of rape (1) Traditional Rape  Offended party is always a woman  Offender is always a man.

There is NO crime of FRUSTRATED RAPE because in rape. from the moment the offender has carnal knowledge of the victim. and (2) the victim and the accused‘s wife are full or half-blood siblings. Only a portion of his penis entered her vagina because the victim kept on struggling until she was able to escape. The case was reopened and the judgment is modified from death to reclusion perpetua. For rape to be consummated. each shall be liable for the rape committed personally by him. When several persons conspired to rape a single victim. was repeatedly raped by the accused. thus. The accused was found guilty of raping a woman deprived of reason or otherwise unconscious. A soldier raped a 19-year old student by poking a knife on her neck. [People v. all the essential elements of the offense have been accomplished. Effect of Pardon (1) Subsequent valid marriage between the offender and the offended party shall 210 Complete penetration is NOT necessary. Force employed against the victim of the rape need not be of such character as could be resisted. Medical findings showed no signs of genital injury and the victim‘s hymen was intact. A rape victim does not have the burden of proving resistance. Rape must have specific intent or lewd design. Victim‘s consent is immaterial. . To effectively prosecute the accused for the crime of rape committed by a relative by affinity w/in the 3rd civil degree. or (2) Where the offended party is so situated as to render him/her incapable of giving his consent Rape shield rule: Character of the offended woman is immaterial in rape. who has the intellectual capacity of a 9. Since relationship qualifies the crime of rape. The slightest penetration—contact with the labia—will consummate the rape. Incestuous rape refers to rape committed by an ascendant of the offended woman. Accused is only liable for ATTEMPTED RAPE. [People v. as well as those committed by the others. old. An accused may be convicted of rape on the sole testimony of the offended woman. a slight brush or scrape of the penis on the external layer of the vagina will not suffice. Berana] Evidence which may be accepted in the prosecution of rape: (1) Any physical overt act manifesting resistance against the act of rape in any degree from the offended party.CRIMINAL LAW REVIEWER recognized Age requirement was subsequently amended to refer also to mental age. he actually attains his purpose. When the offender has an ascendancy or influence over the girl. Campuhan] A 16-year old mental retardate. it is not necessary that she put up a determined resistance. Statutory rape is consummated when the victim is below 12 yrs. his daughter. Carnal knowledge of a child below 12 yrs. a man is charged together with her. there must be clearer proof of relationship and in this case. [People v. [People v. Atento] Gallo was found guilty of the crime of qualified rape with the penalty of death. it must be established that: (1) the accused is legally married to the victim‘s sister. Conviction does not require a medico-legal finding of any penetration on the part of the woman. The information filed against him does not allege his relationship with the victim. and was also held liable for rape under the provision that pertains to a victim under 12 notwithstanding the victim‘s actual age. Offender‘s knowledge of the victim‘s age is immaterial in statutory rape. Rape by means of fraudulent machinations and grave abuse of authority absorbs the crime of qualified and simple seduction. by inducement. it CANNOT be considered as a qualifying circumstance. it was not adequately substantiated. Special qualifying circumstances have to be alleged in the information for it to be appreciated. Gallo] A 14-year old was raped by her brother-in-law. [People v. or by indispensable cooperation. The accused was convicted of frustrated rape. Orita] The accused had his pants down and was on top of the 4-year old child when the child‘s mother arrived. Mere touching of the external layer of the vagina without the intent to enter the same cannot be construed as slight penetration. This is true in a charge of rape against a woman. provided. An accused may be considered a principal by direct participation. old even if she is engaged in prostitution is still considered statutory rape.

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extinguish the criminal action or the penalty imposed. (2) When the legal husband is the offender, the subsequent forgiveness by the wife as the offended party shall extinguish the criminal action or the penalty, provided that their marriage is NOT VOID ab initio. Jurisprudence on TITLE EIGHT: Frustrated Homicide By invoking self-defense, accused, in fact, admitted that he inflicted injuries on the victim. The burden of proving with clear and convincing evidence the justifying circumstances to exculpate him from criminal liability was thereby shifted to him. [De Leon v. People (2007)] Homicide Direct evidence of the crime is not the only matrix wherefrom a trial court may draw its conclusion and finding of guilt. The rules of evidence allow a trial court to rely on circumstantial evidence to support its conclusion of guilt. Circumstantial evidence is that evidence which proves a fact or series of facts from which the facts in issue may be established by inference. At times, resort to circumstantial evidence is imperative since to insist on direct testimony would, in many cases, result in setting felons free and deny proper protection to the community. All the circumstances must be consistent with one another, consistent with the hypothesis that the accused is guilty, and at the same time inconsistent with the hypothesis that he is innocent. Thus, conviction based on circumstantial evidence can be upheld, provided that the circumstances proven constitute an unbroken chain which leads to one fair and reasonable conclusion that points to the accused, to the exclusion of all others, as the guilty person. [Salvador v. People (2008)] Murder Murder is committed by any person who, not falling within the provisions of Article 246 of the Revised Penal Code (RPC), kills another, if the killing is committed with treachery. The essence of treachery is the sudden and unexpected attack by an aggressor on an unsuspecting victim, depriving the latter of any real chance to defend himself and thereby ensuring its commission without risk to himself. The killing occurred at around two o‘clock in the morning, an hour when generally people are asleep and the victim was shot at the back. [People v. Bohol (2008)] Qualified Rape There is qualified rape when the facts alleged in the Information and the facts proven in court establish the qualifying circumstances of minority relationship. [People v. Abellano (2007)] and

A stepfather, who exercises moral and physical ascendancy over his stepdaughter, need not make any threat against her because the latter is cowed into submission when gripped with the fear of refusing the advances of a person she customarily obeys. Rape may, likewise, be committed in a room adjacent to where the victim's family is sleeping, or even in a room shared with other people. There is no rule that rape can only be committed in seclusion. [People v. Glivano (2008)] Rape Physical resistance need not be established in rape when intimidation is exercised upon the victim who submits against her will to the rapist‘s lust because of fear for her life or personal safety. The force, violence or intimidation in rape is a relative term, depending not only on the age, size, and strength of the parties but also on their relationship with each other. Because of the victim‘s youthfulness, coupled with the fact that the assailant is her stepfather, it was easy for her to believe that appellant would make good his threat to kill her should she resist. [People v. Tuazon (2007)] Rape An information is valid as long as it distinctly states the elements of the offense and the acts or omissions constitutive thereof. The precise time or date of the commission of an offense need not be alleged in the complaint or information, unless it is an essential element of the crime charged. In rape, it is not. The gravamen of rape is carnal knowledge of a woman through force and intimidation. In fact, the precise time when the rape takes place has no substantial bearing on its commission. As such, the date or time need not be stated with absolute accuracy. It is sufficient that the complaint or information states that the crime has been committed at any time as near as possible to the date of its actual commission. [People v. Domingo (2007)] Rape BY a Minor The accused at the time of the commission of the offense was only 13 years old and it occurred prior to RA 9344 or the Juvenile Justice and Welfare Act of 2006. The subsequently enacted law should be construed to retroact in favor of the accused. While the latter is now 25 years old as of this decision, he is still exculpated from criminal liability.

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However, RA 9344 does not relieve the minor of civil liability arising from the offense. [Ortega v. People (2008)] See Also: (1) RA 9262: Anti-Violence against Women and their Children (2) RA 9775: Anti-Child Pornography Law (3) RA 8049: Anti-Hazing Law (4) RA 7610: Special Protection of Children Against Child Abuse (5) RA 9344: Juvenile Justice and Welfare act (6) PD 603: Child and Youth Welfare Code (7) RA 9372: Human Security Act

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Title IX. Crimes against Personal Liberty and Security
Chapter I: Crimes against Liberty (1) Article 267 - Kidnapping and Serious Illegal Detention (2) Article 268 - Slight Illegal Detention (3) Article 269 - Unlawful Arrest (4) Article 270 - Kidnapping and Failure to Return a Minor (5) Article 271 - Inducing a Minor to Abandon His Home (6) Article 272 – Slavery (7) Article 273 - Exploitation of Child Labor (8) Article 274 - Services Rendered Under Compulsion in Payment of Debt Chapter II: Crimes against Security (1) Article 275 - Abandonment of Persons in Danger and Abandonment of Own Victim (2) Article 276 - Abandoning a Minor (3) Article 277 - Abandonment of Minor by Person Entrusted With Custody; Indifference of Parents (4) Article 278 - Exploitation of Minors (5) Article 280 - Qualified Trespass to Dwelling (6) Article 281 - Other Forms of Trespass (7) Article 282 - Grave Threats (8) Article 283 - Light Threats (9) Article 284 - Bond for Good Behavior (10) Article 285 - Other Light Threats (11) Article 286 - Grave Coercions (12) Article 287 - Light Coercions (13) Article 288 - Other Similar Coercions (14) Article 289 - Formation, Maintenance, and Prohibition of Combination of Capital or Labor through Violence or Threats Chapter III: Discovery and Revelation of Secrets (1) Article 290 - Discovering Secrets through Seizure of Correspondence (2) Article 291 - Revealing Secrets with Abuse of Office (3) Article 292 - Revelation of Industrial Secrets

A. Chapter I: Crimes against Liberty 0. 1. Article 267 - Kidnapping and
Serious Illegal Detention
(asked 7 times) Elements: (PICK) (1) Offender is a private individual; (2) He kidnaps or detains another, or in any other manner deprives the latter of his liberty; (3) The act of detention or kidnapping must be illegal; (4) In the commission of the offense, any of the following circumstances is present: (a) The kidnapping lasts for more than 3 days;

CRIMINAL LAW REVIEWER
(b) it is committed simulating public authority; (c) Any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made; or (d) The person kidnapped or detained is a minor, female, or a public officer. Qualifying Circumstances: (r2kt) (1) Purpose is to extort ransom. (2) When the victim is killed or dies as a consequence of the detention. (3) When the victim is raped. (4) When victim is subjected to torture or dehumanizing acts. The offenders here are private individuals or public officers acting in their private capacity. If they are public officers, they are covered by the crimes under Title 2. When a public officer conspires with a private person in the commission of any of the crimes under Title IX, the crime is also one committed under this title and not under Title II. The purpose is immaterial when any of the circumstances in the first paragraph of Art. 267 is present. Essential element: deprivation of liberty. Definition of ransom: It is the money, price or consideration paid or demanded for redemption of a captured person or persons, a payment that releases a person from captivity. When the kidnapping was done to extort ransom, it is not necessary that one or any of circumstances enumerated be present. Actual demand for ransom not necessary, as long as it can be proven that the kidnapping was done for the purpose of extorting money. Essential: There be actual confinement or restriction of the person of the offended party. It is not necessary that the victim be placed in an enclosure, as long as he is deprived, in any manner, of his liberty. When detention is illegal: It is not ordered by competent authority nor permitted by law. Special complex crime of Kidnapping with Murder: When the victim dies or is killed as a consequence of the detention, which is covered by the last paragraph of Art. 267 as amended. Forcible abduction: If a woman is transported from one place to another by virtue of restraining her of her liberty, and that act is coupled with lewd designs. Serious illegal detention: If a woman is transported just to restrain her of her liberty. There is no lewd design or lewd intent. Grave coercion: If a woman is carried away just to break her will, to compel her to agree to the demand or request by the offender. Illegal Detention Committed by a private individual who unlawfully deprives a person of his liberty Crime against personal liberty Arbitrary Detention Committed by public officer or employee who detains a person without legal ground Crime against the fundamental laws of the State

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Where the evident purpose of taking the victim was to kill him, and from the acts of the accused it cannot be inferred that the latter‘s purpose was to actually detain or deprive the victim of his liberty, the subsequent killing of the victim did not constitute the crime of kidnapping. The demand for ransom did not convert the crime into kidnapping, since no deprivation of liberty was involved. [People v Padica (1993)] The essence of kidnapping is the actual deprivation of the victim‘s liberty coupled with the intent of the accused to effect it. [People v Luartes (1999)] The duration of the detention even if only for a few hours does not alter the nature of the crime committed. [People v Pavillare (2000)] Physical detention is not necessary. It is enough that the victim is under the complete control of the perpetrators as in this case when the Japanese victim had to rely on his abductors for survival after he was tricked into believing that the police was after him. It was also held in this case that keeping a person as collateral for payment of an obligation is kidnapping. [People v. Tomio] The elements of kidnapping for ransom under Article 267 of the Revised Penal Code (RPC), as amended by Republic Act (R.A.) 7659 warranting the imposition of the death penalty, are as follows: (1) intent on the part of the accused to deprive the victim of his liberty; (2) actual deprivation of the victim of his liberty; and (3) motive of the accused, which is extorting ransom for the release of the victim. Neither actual demand for nor payment of ransom is necessary for the consummation of the felony. It is sufficient that the deprivation of liberty was for extorting ransom even if none of the four circumstances mentioned in Article 267 were present in its perpetration. [People v. Cenahonon (2007)]

CRIMINAL LAW REVIEWER
Article 267 has been modified by Republic Act No. 7659 (AN ACT TO IMPOSE THE DEATH PENALTY ON CERTAIN HEINOUS CRIMES, AMENDING FOR THAT PURPOSE THE REVISED PENAL LAWS, AS AMENDED, OTHER SPECIAL PENAL LAWS, AND FOR OTHER PURPOSES) in the following respects: (1) Illegal detention becomes serious when it shall have lasted for more than three days, instead of five days as originally provided; (2) In paragraph 4, if the person kidnapped or detained was a minor and the offender was anyone of the parents, the latter has been expressly excluded from the provision. The liability of the parent is provided for in the last paragraph of Article 271; (3) A paragraph was added to Article 267, which states: When the victim is killed or dies as a consequence of the detention or is raped, or is subjected to torture, or dehumanizing acts, the maximum penalty shall be imposed. (4) The amendment introduced in our criminal statutes the concept of "special complex crime" of kidnapping with murder or homicide. (5) It eliminated the distinction drawn by the courts between those cases where the killing of the kidnapped victim was purposely sought by the accused, and those where the killing of the victim was not deliberately resorted to but was merely an afterthought.

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3. Article 269 - Unlawful Arrest
Elements: (ADU) (1) Offender arrests or detains another person; (2) The purpose of the offender is to deliver him to the proper authorities; (3) The arrest or detention is not authorized by law or there is no reasonable ground therefor. (unauthorized) This felony consists in making an arrest or detention without legal or reasonable ground for the purpose of delivering the offended party to the proper authorities. Generally, this crime is committed by incriminating innocent persons by the offender‘s planting evidence to justify the arrest – a complex crime results, that is, unlawful arrest through incriminatory machinations under Article 363. If the arrest is made without a warrant and under circumstances not allowing a warrantless arrest, the crime would be unlawful arrest. If the person arrested is not delivered to the authorities, the private individual making the arrest incurs criminal liability for illegal detention under Article 267 or 268. If the offender is a public officer, the crime is arbitrary detention under Article 124. If the detention or arrest is for a legal ground, but the public officer delays delivery of the person arrested to the proper judicial authorities, then Article 125 will apply. Note: This felony may also be committed by public officers. Unlawful Arrest vs. Delay in the Delivery of Detained Persons DELAY IN THE UNLAWFUL ARREST DELIVERY OF DETAINED (Art. 269) PERSONS (Art. 125) Detention is for some legal ground. Crime is committed by failing to deliver such person to the proper judicial authority within a certain period. Detention is not authorized by law. Committed by making an arrest not authorized by law

2. Article

268 Detention

-

Slight

Illegal

Elements: (PrIKO) (1) Offender is a private individual; (2) He kidnaps or detains another, or in any other manner deprives him of his liberty. (3) The act of kidnapping or detention is illegal; (4) The crime is committed without the attendance of any of the circumstances enumerated in Article 267. This felony is committed if any of the five circumstances in the commission of kidnapping or detention enumerated in Article 267 is not present. The penalty is lowered if: (1) The offended party is voluntarily released within three days from the start of illegal detention; (2) Without attaining the purpose; (3) Before the institution of the criminal action. The prevailing rule now is Asistio v. Judge, which provides that voluntary release will only mitigate criminal liability if crime was slight illegal detention. If serious, it has no effect. The liability of one who furnishes the place where the offended party is being held captive is that of a principal and not of an accomplice.

4. Article 270 - Kidnapping and
Failure to Return a Minor
(asked twice) Elements: (EF) (1) Offender is entrusted with the custody of a minor person (whether over or under seven years but less than 18 years of age) (2) He deliberately fails to restore the said minor to his parents or guardians

CRIMINAL LAW REVIEWER
If any of the foregoing elements is absent, the kidnapping of the minor will then fall under Article 267. The essential element which qualifies the crime of kidnapping a minor under Art. 270 is that the offender is entrusted with the custody of the minor. If the accused is any of the parents, Article 267 does not apply; Articles 270 and 271 apply. If the taking is with the consent of the parents, the crime in Article 270 is committed. The deliberate failure to return a minor under one‘s custody constitutes deprivation of liberty. Kidnapping and failure to return a minor is necessarily included in kidnapping and serious illegal detention of a minor under Article 267(4). [People v. Generosa] Where a minor child was taken by the accused without the knowledge and consent of his parents, the crime is kidnapping and serious illegal detention under Article 267, not kidnapping and failure to return a minor under Article 270. [People v. Mendoza] (2) The purpose of the offender is to enslave such human being. This is committed if anyone shall purchase, kidnap, or detain a human being for the purpose of enslaving him. The penalty is increased if the purpose of the offender is to assign the offended party to some immoral traffic. If the purpose of the kidnapping or detention is to enslave the offended party, slavery is committed. The crime is slavery if the offender is not engaged in the business of prostitution. If he is, the crime is white slave trade under Article 341. The employment or custody of a minor with the consent of the parent or guardian, although against the child‘s own will, cannot be considered involuntary servitude. But where is proven that the defendant was obliged to render service in plaintiff‘s house as a servant without remuneration whatever and to remain there so long as she has not paid her debt, there is slavery. See Special Law: RA 9208 (Anti-Trafficking of Person Act of 2003)

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5. Article 271 - Inducing a Minor to
Abandon His Home
(asked twice) Elements: (LI) (1) A minor (whether over or under seven years of age) is living in the home of his parents or guardians or the person entrusted with his custody; (2) Offender induces said minor to abandon such home. Inducement must be (a) actual, and (b) committed with criminal intent The minor should not leave his home of his own free will. What constitutes the crime is the act of inducing a minor to abandon his home of his guardian, and it is not necessary that the minor actually abandons the home. Father or mother may commit the crimes in Art. 170 and 171 where they are living separately and the custody of the minor children is given to one of them.

7. Article 273 - Exploitation of Child
Labor
(asked once) Elements: (RARage) (1) Offender retains a minor in his services; (2) It is against the will of the minor; (3) It is under the pretext of reimbursing himself of a debt incurred by an ascendant, guardian or person entrusted with the custody of such minor. The existence of indebtedness constitutes no legal justification for holding a person and depriving him of his freedom to live where he wills.

8. Article 274 - Services Rendered
Under Compulsion in Payment of Debt
(asked once) Elements: (CAP) (1) Offender compels a debtor to work for him, either as a household servant or farm laborer; (2) It is against the debtor‘s will; (3) The purpose is to require or enforce the payment of a debt. See Special Law: RA 9231 (Anti-Child Labor Act of 2003)

6. Article 272 - Slavery
(asked once) Elements: (PE) (1) Offender purchases, sells, detains a human being; kidnaps or

Elements: (UWOF) (1) The place is not inhabited. Article Minors 278 - Exploitation of . (2) Accused found there a person wounded or in danger of dying. under seven years of age. in the absence of that one. or (2) If the life of the minor was in danger because of the abandonment. without the consent of the proper authorities. MODE 3: Does not apply: When a person intentionally wounds another and leaves him in an uninhabited place. MODE 2: Failing to help or render assistance to another whom the offender has accidentally wounded or injured. (2) He delivers said minor to a public institution or other persons. of age Minor is delivered to a public institution or other person ABANDONMENT OF MINOR (ART. 277) The custody of the offender is specific. 276) The custody of the offender is stated in general 2. particularly the crime of abandoning a minor under Art. to the authorities or to his family.Abandoning a Minor Elements: (SCAN) (1) Offender has the custody of a child. whom the offender has found abandoned. (4) He has no intent to kill the child when the latter is abandoned. Neglecting his (offender’s) children by not giving them the education which their station in life requires and financial condition permits. Chapter II: Crimes against Security 0.CRIMINAL LAW REVIEWER 216 B. The ruling that the intent to kill is presumed from the death of the victim of the crime is applicable only to crimes against persons. Article 277 . (2) The child is under seven years of age. unless such omission shall constitute a more serious offense. 1. The purpose in abandoning the minor under his custody is to avoid the obligation of taking care of said minor.Abandonment of Persons in Danger Abandonment of Own Victim and (asked once) MODE 1: Failing to render assistance to any person whom the offender finds in an uninhabited place. (2) He neglects his children by not giving them education. Article 276 . that is. (4) Accused fails to render assistance. or by failing to deliver him to a safe place. 276. (3) The one who entrusted such child to the offender has not consented to such act. Intent to kill cannot be presumed from the death of the child. (SAD) Elements: (1) Offender has charge of the rearing or education of a minor. the custody for the rearing or education of the minor Minor is under 18 yrs. Indifference of Parents MODE 1: Delivering a minor to a public institution or other persons without the consent of the one who entrusted such minor to the care of the offender or. (3) Accused can render assistance without detriment to himself.Abandonment of Minor by Person Entrusted With Custody. and not to crimes against security. wounded or in danger of dying when he can render such assistance without detriment to himself. (3) He abandons such child. MODE 2. ABANDONMENT OF MINOR BY PERSONS ENTRUSTED WITH CUSTODY (ART. the proper authorities have not consented to it. Minor is under 7 years of age Minor is abandoned in such a way as to deprive him of the care and protection that his tender years need 4. Immaterial: That the offender did not know that the child is under seven years. Elements: (1) Offender is a parent. 3. Circumstances qualifying the offense: (1) When the death of the minor resulted from such abandonment. (3) His station in life requires such education and his financial condition permits it. Article 275 . or if the one who entrusted such child to the offender is absent. (FA) By failing to deliver a child.

guardian. even though working for him is not against the will of the minor. Article 279 provides that there would be additional criminal liability for the resulting felony. wild-animal tamer or circus manager or to any habitual vagrant or beggar is made in consideration of any price. If the minor so employed would suffer some injuries as a result of a violation of Article 278. hence. the offender being an ascendant. Article 280 . unjust vexation. ―Against the will‖: This means that the entrance is. or wild-animal tamer. If the employer is an ascendant. the penalty is higher. Mode 4. compensation or promise. Age: Must be below 16 years. the offender being engaged in any of the said callings. or circus manager or engaged in a similar calling. Mode 3. or to any habitual vagrant or beggar. curators or teachers to follow any person engaged in any of the callings mentioned in paragraph 2 or to accompany any habitual vagrant or beggar. gymnast. prohibited or the prohibition is presumed. 5. Employing any descendant under 12 years of age in dangerous exhibitions enumerated in the next preceding paragraph. Delivering a child under 16 years of age gratuitously to any person following any of the callings enumerated in paragraph 2. Nature of the Business: this involves circuses which generally attract children so they themselves may enjoy working there unaware of the danger to their own lives and limbs. DWELLING: This is the place that a person inhabits. or if there was no injury. (2) The offender is engaged in a kind of business that would place the life or limb of the minor in danger. rope-walker. 217 Mode 2. Fraudulent entrance may constitute trespass. Inducing any child under 16 years of age to abandon the home of its ascendants. one whom he subsequently injured if there was a struggle.Qualified Trespass to Dwelling (asked 5 times) Elements (PrEA) (1) Offender is a private person. If the purpose in entering the dwelling is not shown. Article 278 has no application if minor is 16 years old and above. It also includes a room where one resides as a boarder. Circumstance qualifying the offense: (1) If the delivery of the child to any person following any of the calling of acrobat. To prove that an entry is against the will of the occupant. the offender being an acrobat. (2) He enters the dwelling of another. the crime committed will be trespass to dwelling and frustrated homicide or physical injuries. gymnast. provided that the opposition of the occupant is clearly established by the circumstances under which the entry is made. It is not necessary that there be a breaking. If the purpose is not shown and while inside the dwelling he was found by the occupants.. unless the minor is less than 12 years old. the offender being any person. it is not necessary that the entry should be preceded by an express prohibition.CRIMINAL LAW REVIEWER Mode 1. The prohibition to enter may be made at any time and not necessarily at the time of the entrance. it may be absorbed in the crime as in robbery with force upon things. Causing any boy or girl under 16 years of age to perform any dangerous feat of balancing. rope-walker. It includes the dependencies which have interior communication with the house. Employing children under 16 years of age who are not the children or descendants of the offender in exhibitions of acrobat. the trespass yielding to the more serious crime. It is not necessary that it be the permanent dwelling of the person. but the exploitation will be dealt with by RA 7610. diver. either expressly or impliedly. Mode 5. the offender being any person. teacher or person entrusted in any capacity with the care of such child. guardians. If the entry is made by a way not intended for entry that is presumed to be against the will of the occupant (example. such as the existence of enmity or strained relations between the accused and the occupant. (3) Such entrance is against the latter‘s will. a person‘s room in a hotel may be considered a dwelling. physical strength or contortion. the crime is not committed. trespass is committed. diver. entry through a window). etc. If the purpose is shown. .

Grave Threats Mode 1. It is sufficient that the threats came to his knowledge. Article 283 . and the offender attained his purpose. 7. The cutting of the fastenings of the door was an act of violence. The harm threatened must not be in the nature of crime and there is a demand for money or any other condition is imposed. Examples of trespass by means of violence: (1) Pushing the door violently and maltreating the occupants after entering. When consummated: As soon as the threats came to the knowledge of the offended party. honor or property or that of his family of any wrong amounting to a crime. Making such threat without offender attaining his purpose. (4) The trespasser has not secured the permission of the owner or the caretaker thereof. (2) The flourishing of a bolo against inmates of the house upon gaining an entrance 6. Other Forms of Trespass QUALIFIED TRESPASS TO OTHER FORMS OF DWELLING TRESPASS (ART. locality is fixed. Elements: (1) That the offender threatens another person with the infliction upon the latter‘s person. Article 281 . (3) The prohibition to enter is manifest.CRIMINAL LAW REVIEWER Offender is public officer: crime is violation of domicile. (4) That the offender attains his purpose. Act constituting the crime is entering the dwelling against the will of the owner Prohibition to enter is express or implied It is the entering the closed premises or the fenced estate without securing the permission of the owner or caretaker thereof Prohibition to enter must be manifest 8.Other Forms of Trespass Elements: (1) Offender enters the closed premises or the fenced estate of another. (2) The wrong does not constitute a crime. (2) The entrance is made while either of them is uninhabited. even though not unlawful. honor or property. It is essential that there be intimidation. Mode 3. Elements: (1) That the offender threatens another person with the infliction upon the latter‘s person. honor or property or that of this family of any wrong amounting to a crime and demanding money or imposing any other condition.Light Threats Elements: (1) Offender makes a threat to commit a wrong. Threatening another with the . 281) Offender is a private person Offender enters a dwelling Place entered inhabited is The offender is any person Offender enters closed premises or fenced estate Place entered uninhabited is Threatening another with the infliction upon his person. even though not unlawful. shop. (3) That there is a demand for money or that any other condition is imposed. infliction upon his person. (4) Offender has attained his purpose or. Mode 2. the threat not being subject to a condition. or upon that of the latter‘s family. or upon that of the latter‘s family. 280) (ART. (2) That such wrong amounts to a crime. Article 282 . the 218 No overt act of the crime intended to be committed: Crime is trespass to dwelling. (2) That such wrong amounts to a crime. Premises: signifies distinct and definite locality. even though lawful. the owner of the house immediately after entrance Examples of trespass by means of intimidation: (1) Firing a revolver in the air by persons attempting to force their way into a house. but in either case. that he has not attained his purpose. Qualified Trespass vs. of any wrong. of any wrong. honor or property. It may mean a room. (3) There is a demand for money or that other condition is imposed. (3) Wounding by means of a bolo. (2) Cutting of a ribbon or string with which the door latch of a closed room was fastened. building or definite area. Qualifying Circumstance: If threat was made (1) in writing OR (2) through a middleman. even though not unlawful. It is not necessary that the offended party was present at the time the threats were made. (3) That the threat is not subject to a condition.

If a person prohibits another to do an act because the act is a crime. threats or intimidation. or in other words. threats or intimidation. by means of violence. whether it be wrong or not. that the restraint shall not be made under authority of law or in the exercise of any lawful right. Article Threats 285 – Other Light Threatening another with a weapon. Civil Code) Neither the crime of threats nor coercion is committed although the accused. Mode 1. Any person who shall use force or intimidation to prevent any member of Congress from attending the meetings thereof. [Lee v. Under the first type.Light Coercions Elements: (1) Offender must be a creditor. 287. It may only give rise to threat or physical injuries. Orally threatening another. with some harm constituting a crime. 145. to do something against his will. 143. 432. Elements: (1) A person prevented another from doing something not prohibited by law. and that our government is one of law. Any person who. Threats which are ordinarily grave threats. by force. 219 10.CRIMINAL LAW REVIEWER Blackmailing may be punished under this article. the subsequent acts of the offender must show that he did not persist in the idea involved in the threat. The crime is not grave coercion when the violence is employed to seize anything belonging to the debtor of the offender. (asked 8 times) Mode 2. it would not give rise to grave coercion. from doing something not prohibited by law. Article 286 . (2) He seizes anything belonging to his debtor: (3) The seizure of the thing be accomplished by means of violence or a display of material force producing intimidation. is much greater.Bond for Good Behavior (asked 3 times) When a person is required to give bail bond: (1) When he threatens another under the circumstances mentioned in Art. In case of grave coercion where the offended party is being compelled to do something against his will. (Art. unless it be in lawful selfdefense. Mode 1. threats or intimidation. 132). but still. and (3) The person that restrained the will and liberty of another had not the authority of law or the right to do so. if made in the heat of anger. Arises only if the act which the offender prevented another to do is not prohibited by law or ordinance. the offense is only other light threats. Article 284 . 282. whether it be right or wrong. if the interference is necessary to avert an imminent danger and the threatened damage. without persisting in the idea involved in his threat. the crime of grave coercion is committed if violence or intimidation is employed in order to compel him to do the act. be it right or wrong. 11. Orally threatening to do another any harm not constituting a felony. Compelling another. expressing his opinions. by means of violence. CA] 9. If the threats are directed to a person who is absent and uttered in a temporary fit of anger. It is light coercion under Art. and also made her execute an affidavit regarding the return of the amount against her better sense and judgment. if some injuries are inflicted. Mode 2. compared to the damage arising to the owner from the interference. The owner of a thing has no right to prohibit the interference of another with the same. (4) The purpose of the offender is to apply the . or that he compelled him to do something against his will. A public officer who shall prevent by means of violence or threats the ceremonies or manifestations of any religion is guilty of interruption of religious worship (Art.Grave Coercions Preventing another. may be other light threats. (2) The prevention or compulsion be effected by violence. The complainant may have acted reluctantly and with hesitation. Mode 3. Purpose of the Law: To enforce the principle that no person may take the law into his hands. 12. a branch manager of a bank made the complainant sign a withdrawal slip for the amount needed to pay the spurious dollar check she had encashed. (2) When he threatens another under the circumstances mentioned in Art. or by drawing such weapon in a quarrel. in the heat of anger. it was voluntary. Article 287 . prevents the meeting of a legislative body is liable under Art. even though some sort of violence or intimidation is employed. or casting his vote is liable under Art. not of men. 283.

(3) The purpose is to discover the secrets of such another person. Chapter III: Discovery and Revelation of Secrets 0. The purpose must be to discover its effects. General rule: wages shall be paid in legal tender and the use of tokens. (3) Such employee or laborer does not expressly request that he be paid by means of tokens or objects. citing People v. Rule VIII. (4) Offender is informed of the contents of the papers or letters seized. compel. Paying the wages due his laborer or employee by means of tokens or object other than the legal tender currency of the Philippines. 40 OG. Article 288 . Mode 1. in such a degree as to compel or force the laborers or employers in the free and legal exercise of their industry or work. (2) He or such firm or corporation has employed laborers or employees. guardians. Reyes. (2) The purpose is to organize. promissory notes. (3) He forces or compels. and to the spouses with respect to the papers or letters of either of them. agent or officer of any association or corporation. CA. or knowingly permits to be forced or compelled. (Art. It should include any human conduct which.Other Similar Coercions Forcing or compelling.Discovering Secrets through Seizure Correspondence of Elements: (1) Offender is a private individual or even a public officer not in the exercise of his official function. Article 290 . (2) Those tokens or objects are other than the legal tender currency of the Philippines. and Prohibition of Combination of Capital or Labor through Violence or Threats 13. (2) He seizes the papers or letters of another. any of his or its laborers or employees to purchase merchandise or commodities of any kind from him or from said firm or corporation. vouchers. maintain or prevent coalitions of capital or labor. The teachers or other persons entrusted with the care and education of minors are included in the exceptions. Mode 2. No employer shall limit or otherwise interfere with the freedom of any employee to dispose of his wages. Book III. 14. and unjust vexation: Elements: (1) Offender pays the wages due a laborer or employee employed by him by means of tokens or object. This is a crime against the security of one‘s papers and effects. coupons or any other forms alleged to represent legal tender is absolutely prohibited even when expressly requested by the employee. Article 289 . unjustifiably annoy or vex an innocent person. strike of laborers or lockout of employers. it is not necessary that the offender should actually discover the contents of the letter. Elements: (1) Offender employs violence or threats. 35. (Section 1. He shall not in any manner force. although not productive of some physical or material harm would. Unjust Vexation is distinguished from grave coercion by the absence of violence. Labor Code. Suppl. directly or indirectly. directly or indirectly. Omnibus Rules Implementing the Labor Code) . According to Dean Ortega. unless expressly requested by such laborer or employee. Repealed by the Labor Code. The act violates the privacy of communication.CRIMINAL LAW REVIEWER same to the payment of the debt. The last paragraph of Article 290 expressly makes the provision of the first and second paragraph thereof inapplicable to parents. or knowingly permitting the forcing or compelling of the laborer or employee of the offender to purchase merchandise of commodities of any kind from him. Maintenance. oblige his employees to purchase merchandise. damage to property.Formation. Elements: (1) Offender is any person. Singh. Unjust Vexation: Any act committed without violence. or persons entrusted with the custody of minors placed under their care or custody. believes otherwise. commodities or other property from the employer or from any other person. 112. 5.) 220 Deals with light coercions wherein violence is employed by the offender who is a creditor in seizing anything belonging to his debtor for the purpose of applying the same to the payment of the debt. however. Distinction from estafa. 1. C. but which unjustifiably annoys or vexes an innocent person amounts to light coercion.

Revealing Secrets with Abuse of Office Elements: (1) Offender is a manager. the purpose was not to defraud. 3.CRIMINAL LAW REVIEWER (1) If the act had been executed with intent of gain. He is enjoying a confidential relation with the employer or master so he should respect the privacy of matters personal to the latter. but only to cause damage to another‘s. (3) Offender reveals such secrets. (3) If the intention was merely to cause vexation preventing another to do something which the law does not prohibit or compel him to execute what he does not want. Article 292 Industrial Secrets Revelation of Elements: (1) Offender is a person in charge. (3) He reveals such secrets. (2) If. or servant who came to know of the secret of his master or principal in such capacity and reveals the same shall also be liable regardless of whether or not the principal or master suffered damages. (2) He learns the secrets of his principal or master in such capacity. (2) The manufacturing or industrial establishment has a secret of the industry which the offender has learned. . it would merit the qualification of damage to property. damage is necessary and the agent. Essence of this crime is that the offender learned of the secret in the course of his employment. employee or servant shall always be liable. Prejudice is an element of the offense. Reason: no one has a right to the personal privacy of another. See also: (1) RA 4200: Anti-Wiretapping Act (2) RA 9372: Human Security Act (3) RA 9208: Anti-Trafficking in Persons Act 221 2. Article 291 . Relevant Special Penal Law: RA 4200 (ANTI WIRE TAPPING ACT) The revelation of the secret might be made after the employee or workman had ceased to be connected with the establishment. (4) Prejudice is caused to the owner. manager. it would be estafa. employee or workman of a manufacturing or industrial establishment. The act constituting the crime is revealing the secret of the industry which the offender has learned. An employee. If the matter pertains to the business of the employer or master. the act should be considered as unjust vexation. employee or servant. on the other hand. Secrets must relate to manufacturing processes.

1. if real property/right is usurped the crime is usurpation (Art. VIOLENCE AGAINST OR INTIMIDATION OF PERSON The taking is always robbery.Who Are Guilty of Robbery (2) Article 294 .Who Are Brigands (2) Article 307 . Article 293 .Occupation of Real Property or Usurpation of Real Rights in Property (2) Article 313 .Robbery of Cereals.Other Deceits Chapter 7: Chattel mortgage (1) Article 319 .Qualified Theft (4) Article 311 . the unlawful taking is complete.Special Cases of Malicious Mischief (3) Article 329 .Swindling of a Minor (4) Article 318 . Crimes against Property 222 Chapter I: Robbery in General (1) Article 293 .Who Are Guilty of Robbery (asked 3 times) Elements of Robbery in General: (PAUI.Destroying or Damaging Statues. Prohibitive articles may be the subject of robbery.Robbery in an Inhabited House or Public Building or Edifice Devoted to Worship (8) Article 300 . Intent to gain is presumed from the unlawful taking. VALUE OF THE PROPERTY TAKEN IS IMMATERIAL. or any other kind of locked or sealed furniture or receptacle inside the building. wardrobes.Altering Boundaries or Landmarks Chapter 5: Culpable Insolvency (1) Article 314 .Damage and Obstruction to Means of Communication (5) Article 331 .Defines False Keys Chapter 2: Brigandage (1) Article 306 .Removal.CRIMINAL LAW REVIEWER Title X. e.g.Definition of a Band and Penalty Incurred by the Members Thereof (5) Article 297 . Sale.Other Mischiefs (4) Article 330 .Other Forms of Swindling (3) Article 317 .With Violence or Intimidation of Persons (3) Article 295 . opium From the moment the offender gains possession of the object.Robbery with Physical Injuries. Fruits or Firewood in an Inhabited Place or Private Building (11) Article 304 . The violence or intimidation at any time before asportation is complete.Attempted and Frustrated Robbery with Homicide (6) Article 298 . USE OF FORCE UPON THINGS The taking is robbery only if force is used to: (1) enter the building (2) break doors. Public Monuments or Paintings Chapter 10: Exemption from Criminal Liability (1) Article 332 . in an Uninhabited Place and by a Band (4) Article 296 .Aiding and Abetting a Band of Brigands Chapter 3: Theft (1) Article 308 . the taking of property is qualified to robbery. except in case of confession. It cannot be established by direct evidence. even without the chance to dispose of the same.Exemption from Criminal Liability in Crimes Against Property A.Fraudulent Insolvency Chapter 6: Swindling (1) Article 315 – Estafa (2) Article 316 .Robbery in an Uninhabited Place and by a Band (9) Article 302 . 312). ―Taking‖: depriving the offended party of possession of the thing taken with the character of permanency. V/I/F) (1) Personal property (2) Belonging to another (3) There be Unlawful taking (4) With Intent to gain (5) Violence against or intimidation of any person OR force upon anything The property taken must be personal.Who Are Liable for Theft (2) Article 309 – Penalties (3) Article 310 ..Possession of Picklock or Similar Tools (12) Article 305 .In an Uninhabited Place or Private Building (10) Article 303 . OR (3) force them open outside after taking the same from the . Chapter I: Robbery in General 0.Theft of the Property of the National Library and National Museum Chapter 4: Usurpation (1) Article 312 .Who Are Responsible (2) Article 328 . It is not necessary that violence or intimidation is present from the beginning.Execution of Deeds through Violence or Intimidation (7) Article 299 . chests. or Pledge of Mortgaged Property Chapter 8: Arson and other Crimes involving Destruction Chapter 9: Malicious mischief (1) Article 327 .

then the crimes committed are theft and homicide not robbery with homicide. Hence. motor vehicle. or in any manner taking the passengers thereof by surprise in the respective conveyances. When the taking of personal property of a woman is an independent act following defendant‘s failure to consummate the rape.Robbery with Physical Injuries. or blindness is inflicted. or the loss of an eye. imbecility. any of the Physical Injuries resulting in insanity. (5) If the Violence or Intimidation employed in the commission of the robbery is carried to a degree clearly Unnecessary for the commission of the crime. there is no robbery with murder. The crime is still robbery with homicide even if. in the course of the robbery. ―On the occasion‖ and ―by reason‖ mean that homicide or serious physical injuries must be committed in the course or because of the robbery. [People v. (Robbery with Rape.With Violence or Intimidation of Persons (asked 7 times) Acts punished under: (1) When by reason or on occasion of the robbery. rape. If both violence/intimidation of persons (294) and force upon things (299/302) co-exist. or (4) By Entering the passengers‘ compartments in a train. the person killed was another robber or a bystander. The violence must be against the person. in an Uninhabited Place and by a Band Robbery with violence against or intimidation or persons is qualified when it is committed: (1) In an Uninhabited place. or edifice devoted to religious worship.CRIMINAL LAW REVIEWER VIOLENCE AGAINST OR INTIMIDATION OF PERSON The penalty depends on: (1) the result of the violence used (homicide. ―Homicide‖ is used in its generic sense. a hand. a foot. the offender shall have inflicted upon any person not responsible for the commission of the robbery any of the Physical Injuries in consequence of which the person injured becomes deformed or loses any other member of his body or loses the use thereof or becomes ill or incapacitated for the performance of the work in which he is habitually engaged for labor for more than 30 days (7) If the violence employed by the offender does not cause any of the serious physical injuries defined in Art. it is still robbery with rape. or (3) By Attacking a moving train. (4) When by reason or on occasion of robbery. BUT when robbery is under Art 294 par 4 & 5 the penalty is lower than in Art 299 so the complex crime should be imputed for the higher penalty to be imposed without sacrificing the principle that robbery w/ violence against persons is more severe than that w/ force upon things. Homicide is committed. Robbery with Arson) (3) When by reason or on occasion of such robbery. It must be present before the taking of personal property is complete. the penalty is based on: (1) the value of the thing taken and (2) whether or not the offenders carry arms. it will be considered as violation of Art 294 because it is more serious than in Art 299/302. or airship. The crime defined in this article is a special complex crime. 299 & 302) If committed in an inhabited house. less serious or slight physical injuries resulted) and (2) the existence of intimidation only USE OF FORCE UPON THINGS building (Art. or if the offender employs intimidation only. any of the Physical Injuries resulting in the loss of the use of speech or the power to hear or to smell. impotency. (Robbery with Homicide) (2) When the robbery is accompanied by Rape or Intentional Mutilation or Arson. [Napolis v. Article 294 . Article 295 . 263. there are two distinct crimes committed: attempted rape and theft. or incapacity for the work in which the injured person is theretofore habitually engaged is inflicted. Additional rape committed on the same occasion of robbery will not increase the penalty. or . Millian (2000)] 223 2. Robbery with Intentional Mutilation. or (2) By a Band. 3. (6) When in the course of its execution. intentional mutilation. public building. as to include parricide and murder. street car. 286). Absence of intent to gain will make the taking of personal property grave coercion if there is violence used (Art. an arm or a leg or the loss of the use of any such member. serious physical injuries. not upon the thing taken. Even if the rape was committed in another place. CA (1972)] When the taking of the victim‘s gun was to prevent the victim from retaliating.

7.Definition of a Band and Penalty Incurred Members Thereof by (asked once) the Outline of Art. 48. (3) Other members committed an assault. it is deemed committed by a band. When any of the arms used in the commission of robbery is not licensed. 4 & 5 of Art 294. or alley. 1. Article 296 . The penalty is the same. shall be punished as principal of any of the assaults committed by the band. (2) Present at the commission of the robbery. Art. or 6. not governed by Art. 4. Conspiracy is presumed when robbery is by band. 295 does not apply to robbery with homicide. Article 298 . committed by a band. 302. or any other kind of locked or closed or sealed furniture or receptacle in the house or building. Any member of a band who was present at the commission of a robbery by the band. When the offended party is under obligation to sign. There is only one crime of attempted robbery with homicide even if slight physical injuries were inflicted on other persons on the occasion or by reason of the robbery. Art. ―Homicide‖ includes multiple homicides. 294 & 297.Attempted and Frustrated Robbery with Homicide The intimidation with the use of firearm qualifies only robbery on a street. or even infanticide. but by the special provisions of Arts. BY FORCE UPON THINGS Robbery by the use of force upon things is committed only when either: (1) Offender entered a House or Building by any of the means specified in Art. Pursuant to Art 295. Apduhan] 224 5. Special aggravating circumstance of unlicensed firearm is inapplicable to robbery w/ homicide. parricide. penalty upon all the malefactors shall be the maximum of the corresponding penalty provided by law. If the violence resulted in the death of the person to be defrauded. whether robbery is attempted or frustrated. unless it be shown that he attempted to prevent the crime. 299 or Art. respectively. 263. Article (asked 4 times) 297 . 1 of Art. or robbery with rape. chest. highway. Requisites for Liability for the acts of the other members: (1) Member of the band. without prejudice to the criminal liability for illegal possession of such firearms. crime is robbery with homicide and shall be penalized under Art 294 par. it is condition sine qua non that offense charged be robbery by a band under Art 295. Article 299 . offset by a generic mitigating robbery with rape. execute.Robbery in an Inhabited House or Public Building or Edifice Devoted to Worship (asked thrice) Elements of robbery with force upon things under . but it does not apply if document is void. or he took it away to be broken or forced open outside. (4) He did not attempt to prevent assault.Execution of Deeds through Violence or Intimidation (asked twice) Elements: (1) Offender has Intent to defraud another (2) Offender Compels him to sign. It cannot be circumstance. 296: When at least 4 armed malefactors take part in the commission of a robbery. or robbery with serious physical injuries under par. or (2) Even if there was no entrance by any of those means. or deliver any public instrument or document (3) Compulsion is by means of Violence or Intimidation. road.CRIMINAL LAW REVIEWER (5) On a Street. or robbery with physical injuries. circumstance of a band is qualifying only in robbery under par 3. execute or deliver the document under the law. the offender shall be punished by the maximum periods of the proper penalties in Art. it is not robbery but coercion. road. he broke a wardrobe. Band is only ordinary aggravating circumstance in robbery w/ homicide In order that special aggravating circumstance of unlicensed firearm be appreciated. murder. or alley. Robbery with homicide and attempted or frustrated robbery with homicide are special complex crimes. 294. Hence. There is no crime as ―robbery with homicide in band‖. [People v. AND the intimidation is made with the use of firearms. highway. 298 applies to private or commercial document.

Requisites: (1) Contiguous to the building. The genuine key must be stolen. not taken by force or with intimidation. or any other kind of locked or sealed furniture or receptacle. although temporarily unoccupied by the same. ―Public building‖: every building owned by the Government or belonging to a private person but used or rented by the Government. it is only theft. (3) That once inside the building. The penalty depends on the value of property taken and on whether or not offender carries arm. The provision punishes more severely the robbery in a house used as a dwelling than that committed in an uninhabited place. 1. Breaking the keyhole of the door of a wardrobe. The force used in this means must be actual. corrals. There must be evidence that accused entered the dwelling house or building by any of the means enumerated in subdivision (a). as distinguished from that in the other means which is only constructive force. the place is still inhabited if the place was ordinarily inhabited and intended as a dwelling. ―Breaking‖: means entering the building. ―Dependencies‖: all interior courts. Arms carried must not be used to intimidate. or (b) Taking such furniture or objects away to be broken or forced open outside the place of the robbery. 299. or door or window. not to get out otherwise it is only theft. there must be the intent to take personal property. It is theft. if the locked or sealed receptacle is not forced open in the building where it is kept or taken from to be broken outside. (3) Form part of the whole. from the owner. went out through the window. or floor. Article 301 . refers only to ―doors. (2) Interior entrance connected therewith. and which form part of the whole (Art. ship. or vessel constituting the dwelling of one or more persons even though the inhabitants thereof are temporarily absent when the robbery is committed. after taking personal property in the house. subdivision (b) of Art.CRIMINAL LAW REVIEWER SUBDIVISION (A): (1) Offender entered (a) Inhabited House (b) Public Building (c) Edifice devoted to Religious Worship (2) Entrance was effected by any of the following means: (a) Through an opening Not intended for entrance or egress. If false key is used to open wardrobe or locked receptacle or drawer or inside door it is only theft Elements of robbery with force upon things under SUBDIVISION (B) of Art. par. including those without arms. (b) By Breaking any wall. picklocks or similar tools. lids or opening sheets‖ of furniture or other portable receptacles—not to inside doors of house or building.What is an Uninhabited House. regardless of the circumstances under which he entered it. (a) Breaking of doors. warehouses. not knowing that the culprit was inside. (c) By using False keys. Illustration: If the culprit had entered the house through an open door. (2) Offender takes personal property belonging to another. and the culprit. roof. 3). which is locked. wardrobes. or edifice devoted to religious worship. par. the offender Took personal property belonging to another with intent to gain. 301. 301. public building. and the owner. ―False keys‖: genuine keys stolen from the owner or any keys other than those intended for use in the lock forcibly opened by the offender. with intent to gain. Orchards and lands used for cultivation or production are not included in the term ―dependencies‖ (Art. closed and locked the door from the outside and left. Liability for carrying arms is extended to all those who participated in the robbery. because of the possibility that the inhabitants in the former might suffer bodily harm during the robbery. 225 . under any of the following circumstances. ―Inhabited house‖: any shelter. In entering the building. having an interior entrance connected therewith. 2). not robbery. Entrance into the building by any of the means mentioned in subdivision (a) is not required in robbery under subdivision (b) The term ―door‖ in par. granaries or inclosed places contiguous to the building or edifice. is breaking a locked furniture. or (d) By using any Fictitious name or pretending the exercise of public authority. The whole body of the culprit must be inside the building to constitute entering. chests. Any of the four means described in subdivision (a) must be resorted to enter a house or building. Public Building Dedicated to Religious Worship and Their Dependencies: Even if the occupant was absent during the robbery. 299: (1) Offender is inside a dwelling house.

Fruits or Firewood in an Inhabited Place or Private Building The penalty is one degree lower only when robbery is committed by use of force upon things. such as (a) freight car ad (b) warehouse.‖ To qualify Robbery w/ force upon things (Art 299) It must be committed in uninhabited place AND by a band (Art 300) To qualify Robbery w/ violence against or intimidation It must be committed in an uninhabited place OR by a band (Art. Article 306 . public building or edifice to religious worship is qualified when committed by a band and located in an uninhabited place. Entrance through an opening not intended for entrance or egress is not necessary. Penalty is based only on value of property taken. Article 304 . not a public building. without intimidation or violence against a person. chest. or removal thereof to be broken open elsewhere. 10. 299 If the store is used as a dwelling. the robbery committed therein (People v Silvestre) 9. or sealed or closed furniture or receptacle. or (e) A Closed or sealed receptacle was removed. wardrobe. even if the same be broken open elsewhere.Who Are Brigands Elements of Brigandage: . the robbery committed therein would be considered as committed in an inhabited house (People v Suarez) If the store is located on the ground floor of the house belonging to the owner. Punishable under Art. Chapter 2: Brigandage (Articles 306-307) 0. Use of fictitious name or pretending the exercise of public authorities is not covered under this article. Breaking padlock is use of force upon things. floor.Robbery of Cereals. 1. A receptacle is a container. 296 for definition of ―band. (3) Any key other than those intended by the owner for Use in the lock forcibly opened by the offender. Article 305 . having an interior entrance connected therewith. 302 If the store was not actually occupied at the time of the robbery and was not used as a dwelling. Cereals are seedlings which are the immediate product of the soil. it is a dependency of an inhabited house and the robbery committed therein (US v Tapan). 12. picklocks or other similar tools. ―Building‖: includes any kind of structure used for storage or safekeeping of personal property.Possession of Picklock or Similar Tools Elements: (1) Offender has in his possession Picklocks or similar tools. or not an edifice devoted to religious worship. (2) Such picklock or similar tools are especially Adopted to the commission of robbery. roof. since the owner lived in a separate house. (b) A Wall.Defines False Keys TO INCLUDE THE FOLLOWING: (1) Tools mentioned in Article 304. 11.CRIMINAL LAW REVIEWER 226 8. if there is breaking of wardrobe. chest. or outside door or window was broken (c) Entrance was effected through the use of False keys.In an Uninhabited Place or Private Building Elements: (1) Offender entered an Uninhabited place or a building which was not a dwelling house. the offender took therefrom personal property belonging to another. or any sealed or closed furniture or receptacle was broken. which must be ―closed‖ or ―sealed‖. (2) That any of the following circumstances was present: (a) Entrance was effected through an opening Not intended for entrance or egress. 295) Robbery in a store Punishable under Art. Article 303 . (3) Offender does Not have lawful cause for such possession. Article 302 . The palay must be kept by the owner as ―seedling‖ or taken for that purpose by the robbers. See discussion on Art. Article 300 – Robbery in an Uninhabited Place and by a Band Robbery in an inhabited house. B. (3) With intent to gain. (d) A Door. (2) Genuine keys Stolen from the owner.

(4) That the accused is a member of such band. or (b) He gives them Information of the movements of the police or other peace officers. (2) Those who. (b) without violence against or intimidation of persons nor force upon things. Conspiracy to commit robbery is not punishable. Proof It is necessary to prove that the band actually committed the robbery. or (4) He Acquires or receives the property taken . (a) with intent to gain. [People v. and not necessarily in a highway by such brigands. Chapter 3: Theft 0. See Special Law: PD 532 Anti-Piracy And AntiHighway Robbery It is necessary to prove that the intention and purpose of the accused was to commit robbery indiscriminately and such robbery is committed on any Philippine Highway. ROBBERY IN BAND Commit robbery. with intent to gain but without violence against or intimidation of persons nor force upon things. 2. Article 308 . (5) Accomplished Without the use of violence against or intimidation of persons or force upon things. (b) fail to deliver the same to the local authorities or to its owner. (a) enter an inclosed estate or field where (b) trespass is forbidden or which belongs to another and. (3) Those who. Pulusan (1998)] 227 C. without the consent of its owner. or (b) To Kidnap for the purpose of extortion or to obtain ransom. (4) Without the Consent of the owner. The main object of the law is to prevent the formation of band of robbers. (3) That they went upon the highway or roamed upon the country for that purpose. (d) personal property. The term ―highway‖ includes city streets. if any of them carries unlicensed firearm.Who Are Liable for Theft (asked 13 times) Elements of Theft: (1) Taking of personal property (2) That Belongs to another (3) With Intent to gain. It is presumed that the person performing any of the acts provided in this article has performed them knowingly. (f) without the latter‘s consent. Persons liable for theft: (1) Those who. (4) Those who. Theft: committed by any person who. 1. (b) remove or make use of the fruits or object of the damage caused by them. abets or protects such band of brigands.Aiding and Abetting a Band of Brigands Elements: (1) There is a Band of brigands (2) Offender Knows the band to be of brigands (3) Offender Does any of the following acts: (a) He in any manner Aids. (e) of another. 306. The arms carried may be any deadly weapon. There is no requirement that the brigands consummate the crime. (c) take.CRIMINAL LAW REVIEWER (1) There be at least 4 armed persons (2) They Formed a band of robbers (3) The Purpose is any of the following: (a) To commit Robbery in the highway. (a) after having maliciously damaged the property of another. Article 307 . (a) having found lost property. unless the contrary is proven. The following must be proved: (1) Organization of more than 3 armed persons forming a band of robbers (2) Purpose of the band is any of those enumerated in Art. or (c) To Attain by means of force and violence any other purpose. Purpose BRIGANDAGE (1) Commit robbery in a highway (2) Kidnap to extort or get ransom (3) Any other purpose to be achieved by means of force or violence Mere formation of a band for any of the above purposes is sufficient. shall take personal property of another without the latter‘s consent. Any person who aids or protects highway robbers or abets the commission of highway robbery or brigandage shall be considered as an accomplice. Presumption of law as to brigandage: all are presumed highway robbers or brigands.

etc. Gulinao shot Dr. [People v. Considering that the victim was already heavily wounded when his properties were taken. there is no frustrated theft. Circumstances show that the taking was merely an afterthought.CRIMINAL LAW REVIEWER (c) hunt or fish upon the same or gather fruits. In accordance with the definition in Art 308. Chua‘s diamond ring.00. Elements of hunting. or (c) large cattle The property stolen consists of coconuts taken from the premises of a: (1) plantation (2) The property stolen is fish taken from a fishpond or fishery (3) The property is taken on the occasion of fire. Actual or real gain is not necessary in theft. ―Lost property‖: embraces loss by stealing or by act of he owner or by a person other than the owner. Chua and left. the court should impose the minimum penalty corresponding to theft involving the value of P5. crime is ESTAFA. he is not guilty of theft even though claim of ownership is later found to be untenable. Gulinao. 3. presumption of intent to gain is rebutted. Hence. the crime is THEFT. (b) mail matter. [People vs Basao (1999)] One in possession of part of recently stolen property is presumed to be thief of all. The penalty for qualified theft is 2 degrees higher.Penalties The basis of the penalty in theft is (1) the value of the thing stolen. Violence used in killing Dr. or (3) the circumstances that impelled the culprit to commit the crime. earthquake. volcanic eruption. The theft is consummated & taking completed once the culprit is able to place the thing taken under his control. and (3) That the accused having had the opportunity to return or deliver the lost property to its owner or to the local authorities. believing it to be his own. The law does not require knowledge of the owner of the property. cereals or other forest or farm products in the estate or field. where trespass is forbidden or which belongs to another (2) Offender enters the same (3) Offender hunts or fishes upon the same or gathers fruits. People (2007)] If a person takes property of another. or (2) the value and nature of the property taken.Qualified Theft (asked 10 times) Theft is (1) (2) (3) qualified if: Committed by a Domestic servant Committed with Grave abuse of confidence The property stolen is (a) motor vehicle. If possession was juridical. typhoon. It is necessary to prove the following in order to establish theft by failure to deliver or return lost property: (1) Time of the seizure of the thing (2) It was a lost property belonging to another. and (4) That the hunting or fishing or gathering of products is without the consent of the owner. The crime was Theft and not robbery.. or other forest or farm products. If possession was only material or physical. and in such a situation that he could dispose of it at once. Intent to gain is presumed from the unlawful taking of personal property belonging to another. fishing or gathering fruits. cereals. Hence. It is not robbery when violence is for a reason entirely foreign to the fact of taking. or through some casual occurrence. The offender has either complete control of the property (consummated) or without (attempted). there was no need to employ violence against or intimidation against his person. accused can only be held guilty of the separate offense of theft. Chua had no bearing on the taking of the ring. refrained from doing so. The consent contemplated in this article refers to consent freely given. If there is no evidence of the value of the property stolen. (1989)] Properties were taken after accused has already carried out his primary criminal intent of killing the victim. or any other calamity. 228 2. vehicular accident or civil disturbance. . Then he went back & took Dr. [Valenzuela v. in enclosed estate: (1) That there is an enclosed estate or a field. Selling share of a partner or co-owner is not theft. The court may also take judicial notice of its value in the proper cases. and not mere lack of opposition by owner of the property taken. he is not guilty of theft. Article 310 . Article 309 . If one takes personal property openly and avowedly under claim of title made in good faith.

A goat is not included because it is not large (Boado. Theft of motor vehicle may now fall under the anti-carnapping law. or by force upon things (Izon v. without the consent of the owner/raiser. but the location where it is taken. or anything of value. . other domesticated member of bovine family. Theft of any material. (3) shall buy. of any large cattle whether or not for profit. or in any manner deals in any article. There is a disputable presumption that a person found in possession of a thing taken in the doing of a recent wrongful act is the taker and the doer of the whole act. mule. receive. If a private individual took a letter containing postal money order it is qualified theft. [Ernesto Pil-ey vs. article. obnoxious or poisonous substance or equipment or device for electric fishing are found in the fishing boat or in the possession of fisherman. acquires. object. There must be allegation in the information and proof of a relation. product or article by employees and laborers is heavily punished under PD 133. or dispose of. item. Comprehensive Reviewer in Criminal Law) Presumption: Every person in possession of large cattle shall upon demand by competent authorities exhibit required documents. receives. to whom the letter was delivered. item. keep. sell. Regarding the theft of coconuts and fish. who is not a principal or accomplice in the crime of robbery or theft. Elements: (1) Robbery or theft has been committed. [People v. item. methods or schemes. or anything of value which has been the subject of robbery or thievery shall be prima facie evidence of fencing. carabao. sells or disposes. spare part. possesses. People (2007)] PD 704: ILLEGAL FISHING Prima facie presumption of illegal fishing when: (1) Explosive. 1981) Motor Vehicle: any vehicle which is motorized using the streets which are public. ass. Dizon-Pamintuan] Robbery/theft and fencing are separate and distinct offenses. or anything of value (5) which he knows. conviction for the same need only be supported by the fact of taking without the cattle owner‘s consent. It should be in the plantation or in the fishpond. Comprehensive Reviewer in Criminal Law) 229 Considering that the gravamen of the crime is the taking or killing of large cattle or taking its meat or hide without the consent of the owner or raiser. which has been derived from the proceeds of the said crime. Large cattle: include cow. taking its meat or hide without the consent of owner/raiser. The abuse of confidence must be grave. not exclusively for private use (Boado. between the accused and the offended party that has created a high degree of confidence between them. Failure to do so is prima facie evidence that large cattle in possession are fruits of crime of cattle rustling Killing of owner is absorbed in cattle rustling (Boado. by reason of dependence.CRIMINAL LAW REVIEWER Theft by domestic servant is always qualified. on the part of the accused. guardianship or vigilance. with intent to gain. or should be known to him. or whether committed with or without violence against or intimidation of person or force upon things. People. acquire. other than muscular power. obnoxious or poisonous substances or by electricity are found in a fishing boat PD 1612: Anti-Fencing Law Fencing: (1) the act of any person who. (6) to have been derived from the proceeds of the crime of robbery or theft. or buys and sells. If it was the postmaster. When the purpose of taking the car is to destroy by burning it. RA 6539: ANTI-CARNAPPING law Carnapping: taking. what matters is not the execution. keeps. Mere possession of any good. (4) There is. conceal. (3) The accused knows or should have known that the said article. (2) The accused. the crime would be infidelity in the custody of documents. the crime is arson. item. object or anything of value has been derived from the proceeds of the crime of robbery or theft. or (2) When fish caught with the use of explosives. There‘s no need to prove grave abuse of discretion. conceals. which the accused abused. intent to gain for himself or another. ―Motor vehicle‖: all vehicles propelled by power. object. buys. object. of motor vehicle belonging to another without the latter‘s consent or by means of violence against or intimidation of persons. It includes killing of large cattle. or shall buy and sell or in any other manner deal in (4) any article. horse. Comprehensive Reviewer in Criminal Law) PD 533 ANTI-CATTLE RUSTLING LAW Cattle rustling: taking away by means. (2) with intent to gain for himself or for another.

or any other marks intended to designate the boundaries of the same. not intention alone. If no violence or intimidation only civil liability exists. (4) There is intent to gain. D. Article 312 .Theft of the Property of the National National Museum Library 2. Fraudulent concealment of property is not sufficient if the debtor has some property with which to satisfy his obligation. 312: (1) Taking possession of any real belonging to another by means of against or intimidation of persons (2) Usurping any real rights in belonging to another by means of against or intimidation of persons. he has obligations due and payable (2) That he absconds with his property (3) That there be prejudice to his creditors Actual prejudice. 1. is required. Article 311 .Altering Boundaries or Landmarks Elements: (1) That there be boundary marks or monuments of towns. unless it is shown that it has actually prejudiced his creditor. Article 315 . Chapter 5: Culpable Insolvency 0. No need to be adjudged bankrupt or insolvent. Art. Chapter 6: Swindling and Other Deceits 0. provinces.Occupation of Real Property or Usurpation of Real Rights in Property (asked twice) Acts punishable under Art. 312 does not apply to a case of open defiance of the writ of execution issued in the forcible entry case.CRIMINAL LAW REVIEWER 230 4. property violence property violence E. But if it was with grave abuse of confidence. 312 does not apply when the violence or intimidation took place subsequent to the entry into the property. Violence or intimidation must be the means used in occupying real property or in usurping real rights. Provision does not require intent to gain. 1. Insolvency law Crime should be committed after the institution of insolvency proceedings Elements: (1) Offender takes possession of any real property OR usurps any real rights in property (2) Real property or real rights belong to another (3) Violence against or intimidation of persons is used by the offender in occupying real property or usurping real rights in property. conviction will not lie. 314. ―Abscond‖: does not require that the debtor should depart and physically conceal his property. the penalty for qualified theft shall be imposed. Art 314 No need for insolvency proceedings. Article 313 .Estafa (asked 28 times) Elements of Estafa in General: (1) That the accused defrauded another . The word (1) (2) (3) ―alter‖ may include: destruction of stone monument taking it to another place removing a fence and Theft of property of the National Museum and National Library has a fixed penalty regardless of its value. or estates. Even if the debtor disposes of his property. F. 1. (2) That the offender alters said boundary marks. that is. Act What Taken Intent is Usurpation Occupation or Usurpation Real property or Real Right To Gain Theft or Robbery Taking or asportation Personal property To Gain RA 947 punishes entering or occupying public agricultural land including lands granted to private individuals. Criminal action for usurpation of real property is not a bar to civil action for forcible entry. Real property could be the subject matter of Art. Chapter 4: Usurpation 0. The person prejudiced must be creditor of the offender. Art. Article 314 Fraudulent Insolvency Elements: (1) That the offender is a debtor.

1(a) (b) (c)) (b) Estafa by means of fraudulent acts (315 Par. The obligation to return the thing must be contractual but without transferring to accused ownership of the thing. There is no estafa if the accused refused to return the advance payment. Par. or to return. (3) Through— (a) With unfaithfulness or abuse of confidence (315 par. 315. When the fraud committed consists in the adulteration or mixing of some extraneous substance in an article of food so as to lower its quantity. and (2) That damage or prejudice capable of pecuniary estimation is caused to the offended party or third person. goods or other personal property must be received by the offender under certain kinds of transaction transferring juridical possession to him. his failure to return it results in civil liability only.1(b): Misappropriation and Conversion Elements: (1) That Money. 2(A) (B) (C)(D) (E) . includes quasi-contracts and certain contracts of bailment. The offender acquires both physical possession and juridical possession when the thing received by the offender from the offended party (1) in trust. 1(a) (b) (c)) Par 1(a): Altering substance. Estafa may arise even if thing delivered is not subject of lawful commerce. or under any other obligation involving the duty to make delivery of. Delivery of anything of value must be ―by virtue of an onerous obligation to do so‖. Check is included in the word ―money‖. BP22): (c) Through other fraudulent means (315 par 3(a) (b) (c) ) The 4th element is not necessary when there is evidence of misappropriation of goods by the defendant. because it is the basis of the penalty. the same. or denial on his part of such receipt. subdivision 1 of Art. (2) There be Misappropriation or conversion of such money or property by the offender. or (2) on commission. or to return the same‖. or (b) by means of deceit. With Unfaithfulness or Abuse of Confidence (315 par. (2) The money or personal property received by accused is not to be used for a particular purpose or to be returned. quantity. or in commission. 1482. Applicable Civil Code provisions: (1) Art. If no obligation to return there is only civil liability. and (4) That there is a demand made by the offended party to the offender . or other personal property be received by the offender in trust. the thing received must be returned if there is an obligation to return it. When the delivery of a chattel does not transfer juridical possession/title. or for administration. or (3) for administration. Damage or prejudice must be capable of estimation. (2) That he Alters its substance. 231 a. It‘s not estafa if the thing delivered is not acceptable to the complainant when there is no agreement as to its quality. When ownership is transferred to recipient. The phrase ―or under any obligation involving the duty to make delivery of. (3) Thing received under a contract of sale on credit Payment by students to the school for the value of materials broken is not mere deposit. Money. it is presumed that the possession/title of the thing remain w/ owner.CRIMINAL LAW REVIEWER (a) by abuse of confidence. Failure to turn over to the bank the proceeds of sale of goods covered by trust receipts is estafa. it shall be considered as part of the price and as proof of the perfection of the contract. No estafa when: (1) Transaction sale fails. such as opium. (2) Art. goods. it may be a violation of the Pure Food Law. ―Juridical possession‖: means a possession which gives the transferee a right over the thing which he may invoke even as against the owner. The ownership of the thing sold shall be transferred to the vendee upon actual or constructive delivery thereof. or quality (3) That Damage or prejudice is caused to another Deceit is NOT an essential element of estafa with abuse of confidence. (3) That such misappropriation or conversion or denial is to the Prejudice of another. 1477. (b). In estafa with abuse of confidence under par. Whenever earnest money is given in a contract of sale. quantity or quality of object subject of obligation to deliver Elements: (1) Offender has an Onerous obligation to deliver something of value.

Estafa with abuse of confidence With juridical possession of thing misappropriated Offender receives the thing from the victim Theft Only with physical / material possession of thing misappropriated Offender takes the thing 232 But when the money or property had been received by a partner for specific purpose and he misappropriated it. General rule: When the owner does not expect the immediate return of the thing he delivered to the accused. or denial by offender resulted in the prejudice of the offended party. or to one of loan. does not constitute estafa (US v Torres). The law does not distinguish between temporary and permanent misappropriations. Exception: when a partner misappropriates the share of another partner in the profits. but it may be necessary. In estafa by means of deceit. In estafa with abuse of confidence. Demand is not required by law. The fact that an agent sold the thing received on commission for a lower price than the one fixed. when the intent to appropriate existed at the time it was received. the offender receives the thing under a lawful transaction. There is no estafa through negligence. the misappropriation of the same is estafa. Earnest effort to comply with obligation is a defense against estafa. A co-owner is not liable for estafa. 315 Par. (2) Otherwise he is guilty of estafa. because the offender obtains the thing wrongfully from the start. Estafa with abuse of Malversation confidence Entrusted with funds or property Both are continuing offenses Funds or property are Funds or property always private usually public ―Converting‖: Using or disposing of another‘s property as if it were one‘s own. there is estafa. The gravity of the crime of estafa is based on the amount not returned before the institution of the criminal action. because his right to commission does not make the agent a co-owner of money 3rd element of estafa with abuse of confidence is that the conversion. instead of doing so. 315 par (b) when there is neither misappropriation nor conversion. not estafa. His ineptitude should not be confused with criminal intent. but he is liable if. ―To the prejudice of another‖: not necessarily of the owner of the property. the act constitutes estafa. there is no estafa. demand is not needed. Presumption arises only when the explanation of the accused is absolutely devoid of merit. (B): (1) Misappropriating the thing received. after the termination of the co-ownership. No estafa under Art. albeit belatedly and to no avail. ―Conversion‖: presupposes that the thing has been devoted to a purpose or use different from that agreed upon. the crime committed is qualified theft. General rule: Partners are not liable for estafa of money or property received for the partnership when the business commenced and profits accrued. Under the 4th element of estafa with abuse of confidence demand may be required. to take misappropriates the thing which has become the exclusive property of the other. Right of agent to deduct commission from amounts (1) If agent is authorized to retain his commission out of the amounts he collected. Failure of partner to account for partnership funds may give rise to civil obligation only.CRIMINAL LAW REVIEWER Novation of contract of agency to one of sale. the owner expects a return of the thing to him. with the obligation to deliver it to a third person and. Exception: When the offender received the thing from the offended party. The mere failure to return the thing received for safekeeping or under any other obligation w/ the duty to return the same or deliver the value thereof to the owner could only give rise to a civil action and does not constitute the crime of estafa. (2) Converting the thing received. he . ―Misappropriating‖: means to something for one's own benefit. own. Test to distinguish theft from estafa: In theft. upon the delivery of the thing to the offender. Sale of thing received to be pledged for owner is theft. misappropriated it to the prejudice of the owner. He exerted all efforts to retrieve dump truck. [Manahan vs CA (1996)] 3 Ways Of Committing Estafa With Abuse Of Confidence Under Art. relieves defendant from incipient criminal liability under the first contract. Criminal intent is required for the conviction of Estafa. (3) Denying that the thing was received. because failure to account upon demand is circumstantial evidence of misappropriation.

[People v. No. BP22): Elements of estafa by means of deceit: (1) There must be a False pretense. the petitioner‘s allegation that the respondents misappropriated the landowner‘s share of the harvest – as contained in the information – is untenable. (4) As a result thereof. or cheat. fraudulent act or fraudulent means. 6657.1(c): Taking advantage of signature in blank Elements: (1) Paper with the signature of the offended party be in Blank. while estafa is malum in se. the RTC cannot shirk from its duty to adjudicate on the merits a criminal case initially filed before it. (2) Offended party should have Delivered it to the offender. depending on the nature of the funds. failing which the tenant could be held liable for misappropriation. prior to or simultaneously with the commission of the fraud. fraudulent act. Par. trick. share tenancy has been outlawed for being contrary to public policy as early as 1963. in order to determine whether an accused is guilty beyond reasonable doubt of the crime charged. letting other person to take the public funds or property There can be malversation through abandonment or negligence. Accordingly. and all instances of share tenancy have been automatically converted into leasehold tenancy.A. The offender must be able to obtain something from the offended party because of the fraudulent acts. or fraudulent means. What prevails today. other personal property There is no estafa through negligence. b. such intent is imperative. Misappropriation of firearms received by a police (1) ESTAFA: if it is not involved in the commission of a crime (2) MALVERSATION: if it is involved in the commission of a crime. Petitioner‘s claim that she did not 233 When in prosecution for malversation the public officer is acquitted. Estafa by Means of False Pretenses or Fraudulent Acts (315 par. though the matter before us apparently presents an agrarian dispute. it was incumbent upon the tenant to hold in trust and. converting or denying having received money. (3) Offended party must have Relied on the false pretense. The reason. the tenant‘s obligation is simply to pay rentals. Acts must be founded on. (3) That above the signature of the offended party a Document is written by the offender without authority to do so. the offended party or any third person. 2(a) (b) (c) (d) (e). the private individual in conspiracy w/ him may be held liable for estafa. Vanzuela (2008)] It is well established in jurisprudence that a person may be convicted of both illegal recruitment and estafa. that is. Given this dispensation. In false pretenses the deceit consists in the use of deceitful words. Knowledge of criminal intent of the principal is essential to be convicted as an accomplice in Estafa through falsification of commercial document. the jurisdiction for the prosecution of the crime Estafa is not divested from the RTC. the respondents cannot be held liable under Article 315. As correctly pointed out by the respondents. the offended party Suffered damage.CRIMINAL LAW REVIEWER Offender is a private individual or public officer not accountable for public funds or property Committed by misappropriating. The fraudulent acts must be performed prior to or simultaneously with the commission of the fraud. (2) That such false pretense. not to deliver the landowner‘s share. 1(b) of the Revised Penal Code. fraudulent act. and such must be made . In the first. In the second. in fraudulent acts the deceit consists principally in deceitful acts. Offender is a public officer accountable for public funds or property Committed by misappropriating. or causes damage to. is agricultural leasehold tenancy relationship. with the passage of R. therefore. In such a relationship. There must be knowing assistance in the execution of the offense. fraudulent act or fraudulent means must be made or executed Prior to or Simultaneously with the commission of the fraud. [Abejuela vs People (1991)] In the case where a tenant-landowner relationship exists between the parties. is not hard to discern: illegal recruitment is malum prohibitum. he was induced to part with his money or property because of the false pretense. or fraudulent means. account for the share in the harvest appertaining to the landowner. 3844. the criminal intent of the accused is not necessary for conviction. paragraph 4. The acts must be fraudulent. deceit. or thru abandonment or negligence. under R. (4) That the document so written Creates a liability of.A. based on the law and evidence presented. In a tenant-landowner relationship. eventually.

cannot serve as a basis for prosecution for the class of estafa. (3) By means of other similar deceits. it being enough that she gave the impression of having had the authority to recruit workers for deployment abroad. (re: issuance of checks. People (2009)] Par 2(a): Using fictitious name or false pretenses at power. Paragraph (d). 315 2(a). (1) be made prior to. The failure of the drawer of the check to deposit the amount necessary to cover his check within three (3) days from receipt of notice from the bank and/or the payee or holder that said check has been dishonored for lack or insufficiency of funds shall be prima facie evidence of deceit constituting false pretense or fraudulent act. Approved: June 17. or his funds deposited therein were not sufficient to cover the amount of the check. The check must be postdated or for an obligation contracted at the time of the issuance and delivery of the check and not for pre-existing obligation. [Lapasaran v. It is essential that such false statement or fraudulent representation constitutes the cause or only motive which induced the complainant to part with the thing. (d) property. (2) Such postdating or issuing a check was done when the offender had No funds in the bank. Estafa through false pretenses made in writing is only a simple crime of estafa. If there be no such prior or simultaneous false statement or fraudulent representation. it is indispensable that the false statement or fraudulent representation of the accused. 2. there must be evidence that the pretense of the accused is false. Manipulation of scale is punished under the Revised Administrative Code Par 2(b): by altering the quality. 315 par. (2) By falsely pretending to possess: (a) power. (f) agency.CRIMINAL LAW REVIEWER represent herself as a licensed recruiter. at least simultaneously with. This Act shall take effect upon its approval. 2(c): by pretending to have bribed any government employee Person would ask money from another for the alleged purpose of bribing a government employee but just pocketed the money. Without such proof. 2(a). AS AMENDED. ARTICLE THREE HUNDRED FIFTEEN OF ACT NUMBERED THIRTY-EIGHT HUNDRED AND FIFTEEN. Exception: (1) When postdated checks are issued and intended by the parties only as promissory notes (2) When the check is issued by a guarantor The accused must be able to obtain something from the offended party by means of the check he issues and delivers. RA 488520 deleted the phrase ―the offender knowing at the time he had no funds in the bank‖: (1) the failure of the drawer to deposit the amount needed to cover his check (2) within 3 days from receipt of notice of dishonor of check for lack or insufficiency of funds 234 20 AN ACT TO AMEND SECTION TWO. Where commission salesman took back the machines from prospective customers and misappropriated them. A creditor who deceived his debtor is liable for estafa. but that she merely tried to help the complainants secure a tourist visa could not make her less guilty of illegal recruitment." Section 2. (b) influence. OTHERWISE KNOWN AS THE REVISED PENAL CODE. (c) qualifications. any subsequent act of the accused. PARAGRAPH (d). Article Three hundred fifteen of Act Numbered Thirty-eight hundred and fifteen is hereby amended to read as follows: "Sec. or issued a check in payment of an obligation. influence… or other similar deceits Ways of committing the offense: (1) By using fictitious name. it is theft. and not falsified. or his funds deposited therein were not sufficient to cover the amount of the check. is sufficient to make him liable for estafa. however fraudulent and suspicious it may appear. not a complex crime of estafa through falsification. (e) credit. (2) the delivery of the thing by the complainant. consequently she is also held liable for the violation of Estafa under Article 315(2)(a). or. For estafa under Art. Fraud must be proved with clear and positive evidence. not estafa. criminal intent to deceive cannot be inferred.) Section 1. (g) business or imaginary transactions. Par 2(d): By postdating a check or issuing a bouncing check Elements: (1) Offender Postdated a check. The mere fact that the drawer had insufficient or no funds in the bank to cover the check at the time he postdated or issued a check. 1967 . The check must be genuine. or issuing a check in payment of an obligation when the offender had no funds in the bank. fineness or weight of anything pertaining to art or business Par. By means of any of the following false pretenses or fraudulent acts executed prior to or simultaneously with the commission of the fraud: "(d) By postdating a check. Section Two. In estafa by means of deceit under Art.

There can be no conviction for estafa in the absence of proof that defendant made statements tending to mislead complainant. the crime is falsification. office files. 315. Deceit through Fraudulent Means Offender is a private person OR a public person not entrusted w/ documents There is intent to defraud Infidelity in Custody of Documents Offender is a public person entrusted with the documents Intent to defraud is not required Elements: (1) Offender Induced the offended party to sign a document. to sign any document Elements: (1) That there be court Record. Any person who shall defraud another by means of false pretenses or fraudulent acts as defined in paragraph 2(d) of Article 315 of the Revised Penal Code. not the penalty provided for in Art. See Special Law: BP 22 (Anti-Bouncing Checks Law) to sign the document. is guilty of estafa. If there is no malicious intent to defraud. The penalty of prision mayor in its medium period. Offender must induce the offended party to sign the document.3 (b): By resorting to some fraudulent practice to ensure success in a gambling game By removing. the penalty shall be termed reclusion perpetua. [Nierras vs Dacuycuy (1990)] The element of damage or prejudice capable of pecuniary estimation may consist in: (1) The offended party being deprived of his money or property. if such amount is over 200 pesos but does not exceed 6. Estafa by issuing a bad check is a continuing crime. 315. In such cases. Isleta] PD 81821 applies only to estafa under par 2(d) of Art. should be imposed when the estafa committed is covered by par 2(d) of Art. Section 2. (3) Offended party Personally signed the document. if the amount of the fraud is over 6. [People v. adding one year for each additional 10. [People v Villaraza. the penalty prescribed in PD 818. document or any other papers 235 Par. because the contents are different from those which the offended told the accused to state in the document. There is only civil liability. Double jeopardy does not apply because RPC is a distinct crime from BP 22. which are not required in BP 22. 81 SCRA 95] Hence. or (3) Temporary prejudice Payment subsequent to the commission of estafa does not extinguish criminal liability or reduce the penalty.000 pesos. By prision mayor in its maximum period. concealed or destroyed any of them. if such amount does not exceed 200 pesos. The crime of estafa is not obliterated by acceptance of promissory note. Through Other Fraudulent Means (315 Par 3 (a) (b) (c)) Par 3 (a): By inducing another. documents or any other papers. (2) Disturbance in property right. If offended party is willing from the start 21 AMENDING ARTICLE 315 OF THE REVISED PENAL CODE BY INCREASING THE PENALTIES FOR ESTAFA COMMITTED BY MEANS OF BOUNCING CHECKS Section 1. knowing that the drawer had no sufficient funds in the bank. If there is neither deceit nor abuse of confidence. concealing or destroying any court record. The penalty of prision mayor in its maximum period. and if such amount exceeds the latter sum. Par. The penalty of reclusion temporal if the amount of the fraud is over 12.3 (c): c. (3) That the offender had Intent to defraud another. as amended by Republic Act No.000 pesos. the penalty provided in this paragraph shall be imposed in its maximum period. (2) That the offender Removed. (4) That Prejudice be caused. 4885. Elements of deceit and abuse of confidence may coexist. office files. One who got hold of a check issued by another. 315. 2nd. Good faith is a defense in a charge of estafa by postdating or issuing a check. 4th. and used the same in the purchase of goods. the destruction of court record is malicious mischief.CRIMINAL LAW REVIEWER (3) shall be prima facie evidence of deceit constituting false pretense or fraudulent act.000 pesos but does not exceed 12. A private person who procures a loan by means of deceit through a falsified public document of . and in connection with the accessory penalties which may be imposed under the Revised Penal Code. This decree shall take effect immediately. and does not apply to other forms of estafa. 3rd. it‘s not estafa. through deceit.000 pesos.000 pesos but the total penalty which may be imposed shall in no case exceed thirty years. Deceit and damage are essential elements of RPC. and. (2) That deceit be Employed to make him sign the document.000 pesos but not exceed 22. shall be punished by: 1st. even if there is damage. as result of the fraud.

5. Par. If there is intent to charge the bailee with its value. such as a parcel of land or a building. Otherwise. Usurious loan with equitable mortgage is not an encumbrance on the property. Par. encumbering or mortgaging the real property). The thing disposed of must be real property. Art. Act constituting the offense is disposing of the real property representing that it is free from encumbrance. (3) There must be Express representation by the offender that the real property is free from encumbrance. (4) Act of disposing of the real property be made to the Damage of another. The omitted phrase ―as free from encumbrance‖ in par 2 of Art.CRIMINAL LAW REVIEWER mortgage. 316 par 5 is not applicable. When the loan had already been granted when defendant offered the property as There must be damage caused. crime is Estafa. . (4) Act be made to Prejudice of the owner or a third person. there is no crime. [US v Albao] Par. If it‘s chattel. The offended party would not have granted the loan had he known that the property was already encumbered. 2. By conveying. 3. Wrongfully take does not include the use of violence. but grave coercion. 236 2. If the thing is taken by means of violence. whether the encumbrance is recorded or not. it is not estafa. Art. By executing any fictitious contract to the prejudice of another Illustration: A person who simulates a conveyance of his property to another. By wrongfully taking by the owner of his personal property from its lawful possessor Elements: (1) Offender is the Owner of personal property. Accused cannot be convicted of estafa with abuse of confidence if charged w/ estafa by means of deceit security for the loan. Even if the deceit is practiced against the second purchaser but damage is incurred by the first purchaser. Offender must wrongfully take the personal property from the lawful possessor. it will only be solutio indebiti. By disposing of real property as free from encumbrance. there is violation of par. (3) Offender should have Executed an act of ownership (selling. intimidation. (4) Prejudice is thereby caused to the lawful possessor or third person. 316 is the basis of the ruling that silence as to such encumbrance does not involve a crime. Par. the crime is fraudulent insolvency. If the conveyance is real and not simulated. is not guilty of estafa but only falsification of a public document. (2) Offender Knew that the real property was encumbered. with civil obligation to return the wrong payment. If the owner took the personal property from its lawful possessor without the latter‘s knowledge and later charged him with the value of the property. or mortgaging any real property.1 of Art. 316 par. 4.Other Forms of Swindling and Deceits Par 1. to defraud his creditors. (3) Offender wrongfully takes it from its lawful possessor. 316. ―Encumbrance‖: includes every right or interest in the land which exists in favor of third persons. the crime is theft. By accepting any compensation for services not rendered or for labor not performed Elements: (1) Accepting a compensation given to accused for service not rendered (2) Malicious failure to return the compensation wrongfully received (fraud) There must be fraud. ―Dispose‖: includes encumbering or mortgaging. encumbering. 2 is not applicable. Article 316 . but paid loan within the period agreed upon. It is not necessary that act prejudice the owner of the land. There must be existing real property. selling. without intent to gain. Since the penalty is based on the ―value of the damage‖ there must be actual damage caused. If 3rd element not established. although such encumbrance be not recorded Elements: (1) That the thing disposed of be Real property. (2) Offender who is not the owner of said property should Represent that he is the owner thereof. (2) Said property is in the Lawful possession of another. the crime is robbery. If the money in payment of a debt was delivered to a wrong person. pretending to be the owner of the same Elements: (1) That the thing be Immovable.

and because a minor cannot convey real property without judicial authority. knowing it to be mortgaged. by telling fortunes. without the consent of the mortgagee written on the back of the mortgage and noted on the record thereof in the office of the register of deeds of the province where such property is located. or by taking advantage of the credulity of the public in any other manner. If chattel mortgage does not contain an affidavit of good faith and is not registered. (b) Credit. damage to the offended party is required. (2) That he induces such minor (a) to Assume an obligation. mortgage. under the terms of the Chattel Mortgage Law. or. . Real property is not included because only money. or (c) Before being relieved from the obligation contracted by him. (3) He Sells. (4) That the transaction is to the Detriment of such minor. 3. administrators or assigns. mortgages. Chattel Mortgage The object of the Chattel Mortgage Law is to give the necessary sanction to the statute. Sale. 237 G. (5) That there is no written consent of the mortgagee or his executors. 4. 1. (3) He removes such mortgaged personal property to any province or city other than the one in which it was located at the time of the execution of the mortgage. No felonious intent if transfer of personal property is due to change of residence. or (b) to Give release. Art. without the written consent of the mortgagee or his executors. Article 318 . (3) That the consideration is (a) some Loan of money. or encumbrance is (a) Without express authority from the court. Article 317 . 6. The deceits in this article include false pretenses and fraudulent acts. (4) That the removal is permanent. or (b) Made Before the cancellation of his bond. The removal of the mortgaged personal property must be coupled with intent to defraud.Removal. As in other cases of estafa. (2) He Guaranteed the fulfillment of such obligation with his real property or properties. in any other manner encumbers said real property. Any other kind of conceivable deceit may fall under this article. so that mortgage debtors may be deterred from violating its provisions and mortgage creditors may be protected against loss of inconvenience from wrongful removal or sale of mortgaged property. Article 319 . (2) Offender knows that such property is so mortgaged. (4) That such sale. (2) By Interpreting dreams.Swindling of a Minor Elements: (1) That the offender Takes advantage of the inexperience or emotions or feelings of a minor. A person other than the mortgagor who removed the property to another province. (2) By selling or pledging personal property already pledged. credit and personal property are enumerated. or (c) Other Personal property. for profit or gain. 319: (1) By knowingly removing any personal property mortgaged under the Chattel Mortgage Law to any province or city other than the one in which it was located at the time of execution of the mortgage. it is void and cannot be prosecuted under Art 319 Elements of knowingly removing mortgaged personal property: (1) Personal property is mortgaged under the Chatter Mortgage Law. There must be damage caused under Art. or Pledge of Mortgaged Property Acts punishable under Art. Chattel mortgage must be valid and subsisting.CRIMINAL LAW REVIEWER In case the person who received it later refused or failed to return it to the owner of the money. Par. or any part thereof. administrators or assigns to such removal.Other Deceits Other deceits are: (1) By Defrauding or damaging another by any other deceit not mentioned in the preceding articles. by making forecasts. or (c) to Execute a transfer of any property right. may be liable. Chapter 7: Chattel Mortgage 0. 315 subdivision 1(b) is applicable. mortgaging or encumbering real property or properties with which the offender guaranteed the fulfilment of his obligation as surety Elements: (1) Offender is a Surety in a bond given in a criminal or civil action. By selling. 316.

or conveyance for transportation of persons or property. but the fire was put out before any part of the building was burned. (5) Any building where evidence is kept for use in any legislative. 320. he is discovered by another who chases him away. growing crop. airport.CRIMINAL LAW REVIEWER If the mortgagee opted to file for collection. hotel. In estafa. Chapter 8: Arson and Other Crimes Involving Destruction Kinds of Arson: (1) Arson (PD 1613. orchard. (7) Any building. museum. who is the mortgagor of such property. and (3) noted on the record thereof in the office of the register of deeds. collects some rags. pasture land. Other Cases of Arson—The penalty of Reclusion Temporal to Reclusion Perpetua shall be imposed if the property burned is any of the following: (1) Any building used as offices of the government or any of its agencies (2) Any inhabited house or dwelling (3) Any industrial establishment. abandoning the mortgage as basis for relief. (2) Any archive. the property involved is real property. airplane or any aircraft. cane mill or mill central (6) Any railway or bus station. Sec. Destructive Arson—The penalty of Reclusion Temporal in its maximum period to Reclusion Perpetua shall be imposed if the property burned is any of the following: (1) Any ammunition factory and other establishment where explosives. The consent of the mortgagee must be (1) in writing. platform or tunnel (4) Any plantation. . 2. public or private market. the removal of property to another province is not a violation of Art 319 par1. DESTRUCTIVE ARSON (asked 20 times) SEC. intending to burn a wooden structure. 1) (2) Destructive arson (Art. it is not necessary that there be a fire. vendor may have even if offender should obtained the consent of inform the purchaser the mortgagee in writing. If the property burned is an inhabited house or dwelling. soaks them in gasoline and places them beside the wooden wall of the building. (3) That 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. and Consummated Arson Attempted arson: A person. or administrative or other official proceeding. No complex crime of arson with homicide. Frustrated. education or social services. Personal property Property involved is real property(Art. (4) Any train. farm. grain field. (5) Any rice mill. Any of 7 circumstances in Sec. (6) Any hospital. Chattel mortgage may give rise to estafa by means of deceit. the penalty of reclusion perpetua to death shall be imposed. that the thing sold is mortgaged Purpose: to protect the Purpose: to protect the mortgagee purchaser (1st or 2nd) Frustrated arson: If that person is able to light or set fire to the rags. Elements of selling or pledging personal property already pledged: (1) That personal property is already pledged under the terms of the Chattel Mortgage Law. In sale of mortgaged property. even though the mortgagee in writing. 3. situated in a populated or congested area. whether used as a dwelling or not. judicial. Damage is NOT essential. (3) Any church or place of worship or other building where people usually assemble. it is personal property. Consummated arson: If before the fire was put out. whether public or private. §1. housing tenement. or any edifice devoted to culture. 6 of PD 1613 is sufficient to establish fact of arson if unexplained. Art 319 Art 316 Estafa In both there is selling of a mortgaged property. not foreclosure. If by reason of or on the occasion of arson death results. PD 1613) Attempted. oil well or mine shaft. it is not required that the house be occupied by one or more persons and the offender knew it when the house was burned. vessel or watercraft. dormitory. SEC. lodging house. sugar mill. (2) on the back of the mortgage. theater or movie house or any similar place or building. When he about to light a match to set fire to the rags. sells or pledges the same or any part thereof. shopping center. Homicide is absorbed. inflammable or combustible materials are stored. 3. shipyard. PD 1613. wharf or warehouse 238 H. (2) That the offender. as amended by RA 7659) (3) Other cases of arson (Sec. 316 par 2) Committed by the mere Committed by selling failure to obtain real property mortgaged consent of the as free. bamboo grove or forest. In attempted arson. it had burned a part of the building.

collision. the obligation to pay for the damages is only civil (Art. the crime is ―damages to means to means of communication‖ with homicide because of the first paragraph of Art. Article 332 . 330 says ―without prejudice to the criminal liability of the offender for other consequences of his criminal act. waterworks. Article 327 . Chapter 10: Exemption from Criminal Liability 0. road. There is no criminal. promenade. exemption does not lie. [People v Asido] 5. a higher penalty shall be imposed. but only civil liability. If the damage shall result in any derailment of cars. Article 328 . 328 are punished based on value of the damage caused. 329. rather than a public monument. or other accident. the crime committed is malicious mischief under Art. 1. including its interior. 1. ascendants and descendants. or relatives by affinity in the same line. When several persons scattered coconut remnants which contained human excrement on the stairs and floor of the municipal building. (2) Such act does not constitute arson or other crimes involving destruction (3) Act of damaging another‘s property be committed merely for the sake of damaging it.‖ If there is no intent to kill. telegraph. Persons exempt from criminal liability: (1) Spouses. Q: What is the crime when. Committed by damaging any railway. or any other thing used in common by the public. (Qualifying Circumstance) Telegraph/phone lines must pertain to railways. or telephone lines. the crime is murder 239 0. the penalty of arresto menor of fine not exceeding P200 is fixed by law. Art.Special Cases of Malicious Mischief Special cases of malicious mischief: (qualified malicious mischief) (1) causing damage to obstruct the performance of public functions (2) using any poisonous or corrosive substance (3) Spreading infection or contagion among cattle (4) causing damage to property of the National Museum or National Library. 331 – Destroying or Damaging Statues. damage to another‘s house includes defacing it. 4 and Art. as a result of the damage caused to railway. Article 329 . J. or to any archive or registry. Chapter 9: Malicious Mischief MALICIOUS MISCHIEF: It is the willful causing of damage to another‘s property for the sake of causing damage because of hate. Article 2. If there is intent to kill. (2) The widowed spouse with respect to the property which belonged to the deceased spouse before the same passed into the possession of another.Who Are Responsible Elements of malicious mischief: (1) Offender deliberately caused damage to the property of another. Art. The law recognizes the presumed co-ownership of the property between the offender and the offended party.Other Mischiefs Other mischiefs not included in Art. If the amount involved cannot be estimated. 48. 2176) Damage means not only loss but also diminution of what is a man‘s own.CRIMINAL LAW REVIEWER I. revenge or other evil motive. 4. and damaging the railways was the means to accomplish the criminal purpose. 332 does not apply to a stranger who participates in the commission of the crime. Article 330 Obstruction to Communication Damage Means and of . if living together. (3) Brothers and sisters and brothers-in-law and sisters-in-law. If there is no malice in causing damage. Thus.Exemption from Criminal Liability Against Property in Crimes 3. [People v Dumlao] Crimes involved in the exemption: (1) Theft (2) Swindling (estafa) (3) Malicious mischief If the crime is robbery. certain passengers of the train are killed? A: It depends. Public Monuments or Paintings The penalty is lower if the thing destroyed is a public painting.

and. namely: (1) that the property was lost by the owner. [People vs. The element of grave abuse of confidence requires that there be a relation of independence. [Astudillo vs. (Absorption Theory applied) 240 . there is no crime of frustrated theft. in its primary sense. There is nothing in the records that would show that the principal purpose of appellant was to rob the victim of his shotgun (Serial No. Attempted or Consummated only The Revised Penal Code provisions on theft have not been designed in such fashion as to accommodate the Adiao. and theft.D. Again. a fact that has given rise to the unrebutted prima facie evidence of arson. People v Constantino] Jurisprudence on Title Ten: THEFT The fact that beans (subject of the crime were sacks of beans) were scattered on the floor inside and in front of the stall of petitioner and in the parking lot does not necessarily lead to the conclusion that petitioner is the perpetrator of the crime. While they had access to the merchandise. People (2008)] ROBBERY WITH HOMICIDE Does not include taking the gun to shoot its previous holder. Corpus delicti means the ―body or substance of the crime. preparation and issuance of invoices. as in the case at bar. CC. 1613. This is clutching at straws. Art. We thus conclude that under the Revised Penal Code. People v Adame] Guevarra: An adopted or natural child should also be considered as included in the term ―descendants‖ and a concubine or paramour within the term ―spouses‖. [People v Alvarez. appellant could only be convicted of the separate crimes of either murder or homicide. guardianship or vigilance between the petitioners and Western. and (2) that it was lost by felonious taking. refers to the fact that the crime has been actually committed. there is no language in Article 308 that expressly or impliedly allows that the ―free disposition of the items stolen‖ is in any way determinative of whether the crime of theft has been produced. Petitioners were not tasked to collect or receive payments. Appellant was not trying to rob the victim. Having failed to establish that appellant‘s original criminal design was robbery. [Amora v. petitioner was not the only vendor of beans. This qualifying circumstance places the offense squarely within the ambit of Section 2(7) of P. Where the proven facts and circumstances are capable of two or more explanations.CRIMINAL LAW REVIEWER Stepfather and stepmother are included as ascendants by affinity. but to protect himself from the victim. 9600942). Appellant‘s act of taking the shotgun was not for the purpose of robbing the victim. [Gan vs. To be caught in possession of the stolen property is not an element of the corpus delicti in theft. these two elements were established. It was also established that the subject building was insured against fire for an amount substantially more than its market value. [Aoas v. People (2006)] THEFT (Corpus Delicti) The Petitioner contends that he cannot be held liable for the charges on the ground that he was not caught in possession of the missing funds. No one would in one‘s right mind just leave a firearm lying around after being in a heated argument with another person. People (2007)] THEFT. they had no access to the cashier‘s booth or to the cash payments subject of the offense. This cannot be equated with the principle of law that a person in possession or control of stolen goods is presumed to be the author of the larceny. In the case before us. The place was a market and presumably. 332 also applies to common-law spouses. The Court disagrees with the Court of Appeals that appellant committed the crime of robbery with homicide. People (2007)] ROBBERY WITH HOMICIDE. It must be emphasized that when the victim and appellant met and had a heated argument. Absent proof of any stolen property in the possession of a person. They had no hand in the safekeeping. and converts it to ―destructive arson. The amounts involved were lost by WUP because petitioner took them without authority to do so.D. the evidence does not fulfill the test of moral certainty and is not sufficient to convict the accused. corpus delicti has two elements. one of which is consistent with innocence and the other with guilt. 1613. [Valenzuela vs. the absence of the intent to rob on the part of the appellant was apparent. as provided in Section 6 of P. as the case may be. no presumption of guilt can arise. [Art. Dino and Empelis rulings. They merely assisted customers in making a purchase and in demonstrating the merchandise to prospective buyers. Lara] QUALIFIED THEFT (Abuse of Confidence) Mere circumstance that petitioners were employees of Western does not suffice to create the relation of confidence and intimacy that the law requires. People (2008)] DESTRUCTIVE ARSON It is clear that the place of the commission of the crime was a residential and commercial building located in an urban and populated area.‖ In theft. 144.

[Macalalag vs.CRIMINAL LAW REVIEWER Attempted homicide or attempted murder committed during or on the occasion of the robbery. explained [Lee vs. this presumption is rebuttable. (7) Theft of Minerals/Ores (PD 581). the demand for the return of the thing delivered in trust and the failure of the accused to account for it are circumstantial evidence of misappropriation. he may not be held liable for estafa. Hernandez (2002)] ―Deceit‖/‖False Pretense‖. Jr. People (2007)] Only a full payment of the face value of the second check at the time of its presentment or during the five-day grace period could exonerate one from criminal liability. Balasa (1998)] 241 Case:  BOUNCING CHECKS LAW  Modes of committing violations of BP 22. it is the agent‘s duty to return the jewelry upon demand of the owner and failure to do so is evidence of conversion of the property by the agent. Bustinera (2004)] See Also: (1) PD 1612: Anti-Fencing Law (2) BP 22: Bouncing Check Law (3) RA 6539: Anti-Carnapping Act (4) RA 9372: Human Security Act (5) PD 1613: Anti-Arson Law . Pyramid Scams Soliciting funds from and eventually defrauding the general public constitutes syndicated estafa amounting to economic sabotage [People vs. 1689)—Ponzi scheme. Failure to return) In an agency for the sale of jewelries. In other words. People (2007)] QUALIFIED THEFT Related Laws (1) Anti-Carnapping Act of 1972 (RA 6539). Qualified Theft [People vs. as in this case. Cabbab. is absorbed in the crime of Robbery with Homicide which is a special complex crime that remains fundamentally the same regardless of the number of homicides or injuries committed in connection with the robbery.  Presumptions/Evidentiary Rules Cases:   Rule of Preference in BP 22 violations: Court may impose imprisonment or a fine [Bernardo vs. (4) Anti-Electricity Pilferage Act (RA 7832). (2) Anti-Cattle Rustling Law of 1974 (PD 533). People] ESTAFA (Sale of jewelry. To misappropriate for one‘s own use includes not only conversion to one‘s personal advantage but also every attempt to dispose of the property of another without any right. Cases:    ESTAFA Theft by bank teller considered Qualified Theft [Roque vs. People (2004)] SYNDICATED ESTAFA/Economic Sabotage (Presidential Decree No. (2007)] ESTAFA. Either attempted o