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CRIMINAL LAW – A branch of municipal law which defines crimes, treats of their nature and provides for their punishment. Characteristics of Criminal Law: 1. General – binding on all persons who reside or sojourn in the Philippines Exceptions: a. Treaty Stipulation b. Laws of Preferential Application c. Principles of Public International Law Ex: i. sovereigns and other chiefs of state ii. Ambassadors, ministers plenipotentiary, minister resident and charges d’affaires (BUT consuls, vice-consuls and other foreign commercial representatives CANNOT claim the privileges and immunities accorded to ambassadors and ministers.) 2. Territorial – penal laws of the Philippines are enforceable only within its territory Exceptions: (Art. 2 of RPC – binding even on crimes committed outside the Philippines) a. offense committed while on a Philippine ship or airship b. forging or counterfeiting any coin or currency note of the Philippines or obligations and the securities issued by the Government QuickTime™ and a TIFF (Uncompressed) decompressor c. introduction into the country of the are needed to see this picture. above-mentioned obligations and securities d. while being public officers and employees, an offense committed in the exercise of their functions e. crimes against national security and the law of the nations defined in Title One of Book Two 3. Prospective – the law does not have any
retroactive effect. Exception: when the law is favorable to the accused Exceptions to the Exception: a. The new law is expressly made inapplicable to pending actions or existing causes of action b. Offender is a habitual criminal Theories of Criminal Law: 1. Classical Theory – basis is man’s free will to choose between good and evil, that is why more stress is placed upon the result of the felonious act than upon the criminal himself. The purpose of penalty is retribution. The RPC is generally governed by this theory. 2. Positivist Theory – basis is the sum of social and economic phenomena which conditions man to do wrong in spite of or contrary to his volition. This is exemplified in the provisions on impossible crimes and habitual delinquency. 3. Mixed Theory – combination of the classical and positivist theories wherein crimes that are economic and social in nature should be dealt in a positive manner. The law is thus more compassionate. Construction of Penal Laws: 1. Liberally construed in favor of offender Ex: a. the offender must clearly fall within the terms of the law b. an act is criminal only when made so by the statute 2. In cases of conflict with official translation, original Spanish text is controlling, 3. No interpretation by analogy.
LIMITATIONS ON POWER OF CONGRESS TO ENACT PENAL LAWS: 1. ex post facto law 2. bill of attainder 3. law that violates the equal protection clause of the constitution 4. law which imposes cruel and unusual punishments nor excessive fines
—Advisers: Atty. Lorenzo Padilla, Justice Diosdado Peralta; Head: Kristine Quimpo; Understudies: Ivy Patdu, Krizna Gomez—
Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007
Omission – failure to perform a duty required by law BOOK ONE GENERAL PROVISIONS
ELEMENTS: 1. there must be an act or omission 2. this must be punishable by the RPC 3. act or omission was done by means of dolo or culpa NULLUM CRIMEN, NULLA POENA SINE LEGE – There is no crime when there is no law punishing it. Classification Of Felonies According To The Means By Which They Are Committed: 1. Intentional Felonies- by means of deceit (dolo) Requisites: a. freedom b. intelligence c. intent. MISTAKE OF FACT – misapprehension of fact on the part of the person who caused injury to another. He is not criminally liable. Requisites: a. the act done would have been lawful had the facts been as the accused believed them to be bintention is lawful b. mistake must be without fault or carelessness by the accused 2. Culpable Felonies- by means of fault (culpa) Requisites: a. freedom b. intelligence c. negligence (lack of foresight) and imprudence (lack of skill)
ART.1: TIME WHEN ACT TAKES EFFECT RPC took effect February 1, 1932. ART. 2: APPLICATION OF ITS PROVISIONS RULES: 1. Philippine vessel or airship – Philippine law shall apply to offenses committed in vessels registered with the Philippine Bureau of Customs. It is the registration, not the citizenship of the owner which matters. 2. Foreign vessel a. French Rule General Rule: Crimes committed aboard a foreign vessel within the territorial waters of a country are NOT triable in the courts of such country. Exception: commission affects the peace and security of the territory, or the safety of the state is endangered. b. English Rule General Rule: Crimes committed aboard a foreign vessel within the territorial waters of a country are triable in the courts of such country. Exception: When the crime merely affects things within the vessel or it refers to the internal management thereof. *This is applicable in the Philippines. Title One: FELONIES QuickTime™ AND CIRCUMSTANCES and a TIFF (Uncompressed) decompressor WHICH AFFECT CRIMINAL LIABILITY are needed to see this picture. Chapter One: FELONIES Felonies – acts and omissions punishable by the Revised Penal Code Crime – acts and omissions punishable by any law Act – an overt or external act
MALA IN SE v. MALA PROHIBITA Mala in se Mala Prohibita not considered moral trait of considered offender defense, not a defense; good faith as a valid unless the crime is intent not defense the result of culpa necessarysufficient that the offender has the intent to perpetrate the act prohibited by the special law
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Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007
degree of taken into account accomplishme nt of the crime taken into account only when consummated Par. 2 Impossible Crime Requisites: 1. Act would have been an offense against persons or property. 2. There was criminal intent. 3. Accomplishment is inherently impossible; or inadequate or ineffectual means are employed. 4. Act is not an actual violation of another provision of the Code or of special law. Impossible crime occurs when there is: 1. inherent impossibility to commit the crime 2. inadequate means to consummate the crime 3. ineffectual means to consummate the crime 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 Note: Paragraph 2 does not apply to crimes punishable by special law, including profiteering, and illegal possession of firearms or drugs. There can be no executive clemency for these crimes.
mitigating and taken into account GENERALLY not in imposing penalty taken into account aggravating circumstance degree of when there is more than one offender, participation it is taken into consideration General Rule: laws violated RPC GENERALLY not taken into account General Special Laws Rule: Penal
INTENT v. MOTIVE Intent
purpose to use a moving power which impels particular means to effect one to act a result element of crime except not an element in crimes committed with culpa essential in intentional essential only when the identity felonies of the felon is in doubt
ART. 4: CRIMINAL LIABILITY Par.1 Criminal liability for a felony committed different from that intended to be committed Requisites: 1. felony has been committed intentionally 2. injury or damage done to the other party is the direct, natural and logical consequence of the felony Hence, since he is still motivated by criminal intent, the offender is criminally liable in: 1. Error in personae – mistake in identity 2. Abberatio ictus – mistake in blow QuickTime™ and a 3. Praetor intentionem – lack of intent to TIFF (Uncompressed) decompressor are needed to see this picture. commit so grave a wrong PROXIMATE CAUSE – the cause, which in the natural and continuous sequence unbroken by any efficient intervening cause, produces the injury, without which the result would not have occurred
ART. 6: CONSUMMATED, FRUSTRATED, AND ATTEMPTED FELONIES STAGES OF EXECUTION: 1. CONSUMMATED – when all the elements necessary for its execution and accomplishment are present 2. FRUSTRATED Elements: a. offender performs all acts of execution b. all these acts would produce the felony as a consequence c. BUT the felony is NOT produced d. by reason of causes independent of the will of the perpetrator 3. ATTEMPTED Elements: a. offender commences the felony directly by overt acts b. does not perform all acts which would produce the felony c. his acts are not stopped by his own spontaneous desistance
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mere ideas QuickTime™ of the mind and a TIFF (Uncompressed) decompressor . treason. unless the law provides otherwise 2. For the commission of a felony 3. And they decide to commit it Concepts of Conspiracy: 1. etc.not punishable are needed to see this picture. Page 4 of 174 . General Rule: Conspiracy to commit a felony is not punishable since it is merely a preparatory act. As a crime in itself Ex: conspiracy to commit rebellion. Preparatory acts . Offenses punishable by Special Penal Laws.g. a prior and express agreement b. insurrection. Crimes consummated by mere attempt (Ex: attempt to flee to an enemy country.punishable under the RPC ART.e. Merely as a means to commit a crime Requisites: a. accessories are NOT liable even if committed against persons or property. 8: CONSPIRACY AND PROPOSAL TO COMMIT FELONY CONSPIRACY Requisites: 1. participants acted in concert or simultaneously. Note: Only principals and accomplices are liable. Formal crimes – consummated in one instance (Ex: slander. 304. Exception: Unless one or some of the conspirators committed some other crime which is not part of the intended crime. adultery.ordinarily not punishable except when considered by law as independent crimes (e. malicious mischief. which do not admit of Frustrated and Attempted Stages: 1. Corruption of Public Officers 4. theft. Exception: when the law specifically provides for a penalty Ex: rebellion.” corruption of public officers) Crimes which do not admit of Frustrated Stage: 1. sedition. External acts a. Possession of picklocks and similar tools) b. Internal acts . treason. Felonies by omission 6. Crimes committed by mere agreement (Ex: betting in sports: “ending. alteration of boundary marks. Crimes. 2. sedition. Acts of Execution . Art. Physical Injury 2 stages in the development of a crime: 1.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Attempted Frustrated Consummated Overt acts of All acts of execution are All the acts of execution are execution are present present started Not all acts of Crime sought to be The result execution are committed is not sought is present achieved achieved Due to reasons Due to intervening other than the causes independent of the will of the perpetrator spontaneous desistance of the perpetrator ART. Adultery 5. insurrection. Impossible Crimes 4. and intriguing against honor. Two or more persons come to an agreement 2. coup d’ etat General Rule: The act of one is the act of all. 7: WHEN LIGHT FELONIES ARE PUNISHABLE General Rule: Punishable only when they have been consummated Exception: Even if not consummated. coup d’ etat 2.) 3. Bribery 3.g. Rape 2. which is indicative of a meeting of the minds towards a common criminal objective Note: Conspiracy to commit a felony is different from conspiracy as a manner of incurring criminal liability. if committed against persons or property Ex: slight physical injuries. corruption of minors) 5.
either by express provision or by necessary implication Special Laws imprisonment RPC prision correccional. rebellion. 1. Grave felonies – afflictive penalties: 6 yrs.e. Penalties (imprisonment): 1. penalties as reclusion perpetua. 2. Active participation in the actual commission of the crime itself. the provisions of the RPC on imposition of penalties based on stages of execution. treason. Abut. (GR No. prision mayor. OVERT ACTS IN CONSPIRACY MUST CONSIST OF: 1. 137601. 10: OFFENSES NOT SUBJECT TO THE PROVISIONS OF THIS CODE General Rule: RPC provisions are supplementary to special laws. To determine the prescription of the crime and of the penalty.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Exception to the exception: When the act constitutes an indivisible offense. Moral assistance to his co-conspirators by being present at the time of the commission of the crime. Light felonies . rebellion. Less grave felonies – correctional penalties: Page 5 of 174 . when special law provides otherwise 2.arresto menor (1 day to 30 days) ART. A person has decided to commit a felony 2. LESS GRAVE FELONIES AND LIGHT FELONIES TIFF (Uncompressed) decompressor Importance of Classification are needed to see this picture. or 2. when provision of RPC are impossible of application. coup d’ etat *no proposal to commit sedition Attempted or Frustrated Stages Plea of guilty as mitigating circumstance Minimum. 16 Participation of Accomplices • Art. Punishable PROPOSAL TO COMMIT A FELONY Requisites: 1. April 24. Exceptions: 1. 22 Retroactivity of Penal laws if favorable to the accused • Art. 2003) 1 month and 1 day to 6 years 3. etc. QuickTime™ and a Provisions of RPC applicable to special laws: • Art. To determine whether the felonies can be complexed or not. 9: GRAVE FELONIES. et al. or 3. and 1 day to reclusion perpetua (life) 2. coup d’ etat Proposal to commit: treason. And proposes its execution to some other person or persons Terms Elements Conspiracy Proposal Agreement to person decides to commit AND commit a crime AND proposes the commission same to another Conspiracy to commit: sedition. prision correccional. Exerting a moral ascendance over the other co-conspirators by moving them to execute or implement the criminal plan People v. arresto mayor. etc. medium and maximum periods Penalty for accessory or accomplice General Rule: Not punishable Exception: Unless otherwise stated No Yes Crimes Not applicable Yes General Rule: None Exception: Unless otherwise stated Yes ART. degree of participation and attendance of mitigating and aggravating circumstance may be applied by necessary implication. 45 Confiscation of instruments used in the crime Note: When the special law adopts the penalties imposed in the RPC i.
which must be offensive and positively strong. “Stand ground when in the right” . victim-survivors who are found by the Courts to be suffering from Battered Woman Syndrome (BWS) do not incur any criminal or civil liability despite absence of the necessary elements for the justifying circumstance of self-defense in the RPC. unlawful aggression requirement) (indispensable Page 6 of 174 .Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 nor material commensurability between the means of attack and defense by the one defending himself and that of the aggressor is not required REASON: the person assaulted does not have sufficient opportunity or time to think and calculate. (GR No. NOTE: Under Republic Act 9262 (Anti-Violence Against Women and Their Children Act of 2004). Narvaez. Lack of sufficient provocation on the part of the person defending himself NOTE: Perfect equality between the weapons used. 2 Defense of Relative Elements: 1. JUSTIFYING CIRCUMSTANCES JUSTIFYING CIRCUMSTANCES – where the act of a person is in accordance with law such that said person is deemed not to have violated the law. it is no longer justifying. size and circumstances of person defending himself (4) place and occasion of assault 3. character. aggressor (3) physical condition. defense of chastity Kinds of Self-Defense: 1. otherwise. Par. 2. 1 Self-defense Elements: 1.the law does not require a person to retreat when his assailant is rapidly advancing upon him with a deadly weapon. 1983) Attack on property alone was deemed sufficient to comply with element of unlawful aggression Chapter Two JUSTIFYING CIRCUMSTANCES AND CIRCUMSTANCES. April 20. defense of property (only if there is also an actual and imminent danger on the person of the one defending) 4. Test of reasonableness depends on: (1) weapon used by aggressor (2) physical condition. defense of person 2. defense of property – must be coupled with an attack on the person of the owner. L-33466-67. Reasonable necessity of the employed to prevent or repel it – means 3. While generally an agreement to fight does not constitute unlawful aggression. The defense must have been made during the existence of aggression. self-defense of chastity – there must be an attempt to rape the victim 2. 4 where the liability is borne by persons benefited by the act. Exception: There is civil liability with respect to par. People v. WHICH EXEMPT FROM CRIMINAL LIABILITY ART. self-defense in libel – justified when the libel is aimed at a person’s good name. character. Unlawful Aggression indispensable requirement There must be actual physical assault or aggression or an immediate and imminent threat. violation of the terms of the agreement to fight is considered an exception. defense of rights protected by law 3. or on one entrusted with the care of such property. 11. size QuickTime™ and a and other circumstances of TIFF (Uncompressed) decompressor are needed to see this picture. Par. General Rule: No criminal and civil liability incurred. Rights included in self-defense: 1. BWS is a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse.
General Rule: Subordinate cannot invoke this circumstance when order is patently illegal. Burden of proof: Any of the circumstances is a matter of defense and must be proved by the defendant to the satisfaction of the court. as the subordinate is not liable for carrying out an illegal order if he is not aware of its illegality and he is not negligent. or the lawful exercise of such right or office. All that is required to justify the act of the relative defending is that he takes no part in such provocation. It must also be shown that the offense committed was the necessary consequence of such fulfillment of duty. Par. descendants 4. Par. an order has been issued 2. Exception: When there is compulsion of an irresistible force. Par. or lawful exercise of a right or office. QuickTime™ and a NOTE: The accused must prove that he was duly appointed to the position claimed he was discharging at the time of the commission of the offense. or under impulse of uncontrollable fear. evil sought to be avoided actually exists 2. order has a lawful purpose (not patently illegal) 3. 12: CIRCUMSTANCES. accused acted in the performance of duty or in the lawful exercise of a right or office 2. WHICH EXEMPT FROM CRIMINAL LIABILITY EXEMPTING CIRCUMSTANCES – grounds for exemption from punishment because there is wanting in the agent of the crime any of the conditions which make the act voluntary or negligent. Good faith is material.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 2. but since Page 7 of 174 . or relatives by affinity in the same degrees th 5. Relative entitled to the defense: 1. 5 Fulfillment of Duty or decompressor Lawful Exercise of TIFF (Uncompressed) are needed to see this picture. or on the absence of negligence on the part of the accused. injury feared be greater than that done to avoid it 3. legitimate. the one making the defense had no part in such provocation. In case the provocation was given by the person attacked. relatives by consanguinity within the 4 civil degree NOTE: The relative defended may be the original aggressor. or intent. reasonable necessity of the means employed to prevent or repel it 3. ascendants 3. 6 Obedience to a Superior Order Elements: 1. spouse 2. ART. means used by subordinate to carry out said order is lawful NOTE: The superior officer giving the order cannot invoke this justifying circumstance. freedom of action. resentment or other evil motive Par. Basis: The exemption from punishment is based on the complete absence of intelligence. 3 Defense of Stranger Elements: 1. Who/what is affected? Nature of act Existence Justifying Act Exempting Actor act is considered legal None act is wrongful but actor not liable Yes. 4 State of Necessity (Avoidance of Greater Evil or Injury) Elements: 1. unlawful aggression (indispensable requirement) 2. the injury caused or offense committed be the necessary consequence of the due performance of the duty. natural or adopted brothers and sisters. a Right or Office Elements: 1. reasonable necessity of the means employed to prevent or repel it 3. person defending be not induced by revenge. no other practical and less harmful means of preventing it NOTE: The necessity must not be due to the negligence or violation of any law by the actor.
Par. The physical force must be irresistible. NOTE: Under R. conduct of the offender after its commission NOTE: Under R.A. which is shown by the: 1. 9344 a minor over 15 but but below 18 who acted without discernment is exempt from criminal liability Par. The physical force must come from a third person. NOTE: Defense must prove that the accused was insane at the time of the commission of the crime because the presumption is always in favor of sanity. Par. Elements: 1. 2. with due care 3. he is criminally liable. If with discernment. imminent or reasonable fear for one’s life or limb. It promises an evil of such gravity and imminence that an ordinary man would have succumbed to it. A threat of future injury is not enough. that which he is required to commit. 3. It should not be inspired by speculative.11(4) (state of necessity) voluntariness is absent the actor is not liable No criminal liability but there is civil liability EXCEPT as to Art. or at least equal to. He causes injury to another by mere accident 4. A person is performing a lawful act 2. 4 Accident without fault or intention of causing it Elements: 1. 2 Under Nine Years of Age Requisite: Offender is under 9 years of age at the time of the commission of the crime.A. NOTE: Such minor must have acted without discernment to be exempt. Presumption: The minor committed the crime without discernment. 12(4) (injury by mere accident) and (7) (lawful cause) the consequences of the unlawful act. fanciful or remote fear. Par. DURESS – use of violence or physical force Elements: 1. 3 Person Over 9 and Under 15 Acting QuickTime™ and a TIFF (Uncompressed) decompressor Without Discernment are needed to see this picture.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 of a crime Liability No criminal and civil liability BUT there is civil liability as to Art. Mere abnormality of the mental faculties will not exclude imputability. He is exempt in all cases from criminal liability. INSANE – one who acts with complete deprivation of intelligence/reason or without the least discernment or with total deprivation of freedom of will. The compulsion is by means of physical force. General Rule: Exempt from criminal liability Exception: The act was done during a lucid interval. There is absolute criminal irresponsibility in the case of a minor under 9 years of age. Page 8 of 174 . DISCERNMENT – mental capacity to fully appreciate Par. Without fault or intention of causing it. The threat which causes the fear is of an evil greater than. NOTE: Force must be irresistible so as to reduce the individual to a mere instrument. 2. NOTE: Duress to be a valid defense should be based on real. 1 Imbecility or Insanity IMBECILE – one while advanced in age has a mental development comparable to that of children between 2 and 7 years old. 9344 or the Juvenile Justice And Welfare Act a minor 15 years and below is exempt from criminal liability Par. 6 Uncontrollable Fear UNCONTROLLABLE FEAR – offender employs intimidation or threat in compelling another to commit a crime. 5 Irresistible Force IRRESISTIBLE FORCE – offender uses violence or physical force to compel another person to commit a crime. manner the crime was committed 2.
A priest can’t be compelled to reveal what was confessed to him. swindling. 63 Phil 530) ABSOLUTORY CAUSES – where the act committed is a crime but for some reason of public policy and sentiment. Insuperable Cause INSUPERABLE CAUSE – some motive. 3. His failure to perform such act was due to some lawful or insuperable cause.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 NOT a bar to Accused will be acquitted accused’s prosecution and conviction NOT an absolutory Absolutory cause cause ACTUS ME INVITO FACTUS NON EST MEUS ACTUS – Any act done by me against my will is not my act. there is no penalty imposed. Mother who was overcome by severe dizziness and extreme debility. 2. A buy-bust operation conducted in connection with illegal drug-related offenses is a form of entrapment. instigation NOTE: Entrapment is NOT an absolutory cause. spontaneous desistance (Art. exempting circumstance * as amended by RA 9344 15 < and < Conditional responsibility 18 Without discernment – not criminally liable With discernment – criminally liable * as amended by RA 9344 Minor Sentence is suspended delinquent 18 ≤ and ≤ 70 Full responsibility Page 9 of 174 . Chapter Three CIRCUMSTANCES WHICH MITIGATE CRIMINAL LIABILITY Offset by any aggravating circumstance Effect on penalty Privileged Mitigating Cannot be offset Kinds (Sources) Effect of imposing the penalty by 1 or 2 degrees lower than that provided by law Minority. morally or physically prevented a person to do what the law commands Elements: 1. Incomplete Self-defense. accessories exempt from criminal liability (Art. Examples of such other circumstances are: 1. No available transportation – officer not liable for arbitrary detention 3. Death or physical injuries inflicted under exceptional circumstances (Art. Exempting and justifying circumstances are absolutory causes. leaving child to die – not liable for infanticide (People v. An act is required by law to be done. which has lawfully. 68 and 69 Ordinary Mitigating Can be offset by a generic aggravating circumstance If not offset. has the effect of imposing the minimum period of the penalty Those circumstances enumerated in paragraph 1 to 10 of Article 13 Age ≤ 15years Instigation The ways and means are resorted to for the purpose of trapping and capturing the lawbreaker in the execution of his criminal plan. 64. Entrapment QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. two or more mitigating circumstance without any aggravating circumstance (has the effect of lowering the penalty by one degree). 20) 3. malicious mischief (Art 332) 5. A person fails to perform such act. persons exempt from criminal liability from theft. Ex: 1. 247) 4. PAR 7. Bandian. 6) 2. Art. Instigator practically induces the would-be accused into the commission of the offense and himself becomes a co-principal Criminal Responsibility/ Effect Absolute irresponsibility. 2.
inciting or irritating anyone. injury inflicted 3. The intent in intentional felonies is replaced by negligence or imprudence. 1 Incomplete Justifying or Exempting Circumstances NOTE: This applies when not all the requisites are present. Par. There is no intent on the part of the offender. 13: MITIGATING CIRCUMSTANCES MITIGATING CIRCUMSTANCES – those which if present in the commission of the crime reduces the penalty of the crime but does not erase criminal liability nor change the nature of the crime NOTE: A mitigating circumstance arising from a single fact absorbs all the other mitigating circumstances arising from that same fact. However. Par. part of the body injured 4. in reference to Art. Remember though. mindset of offender at the time of commission of crime Page 10 of 174 . It is mitigating only when the victim dies. unlawful aggression must always be present as it is an indispensable requirement. which may be considered as diminished Par. not to his intention during the planning stage NOTE: In crimes against persons – if victim does not die.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 > 70 Mitigated responsibility. execution of death sentence may be suspended and commuted This provision addresses the intention of the offender at the particular moment when the offender executes or commits the criminal act. 4 Provocation or Threat Provocation – any unjust or improper conduct or act of the offended party. It is not considered as mitigating. there is only an ordinary mitigating circumstance. it is considered a privileged mitigating circumstance. Otherwise. Factors that can be considered are: 1. not date of trial. NOTE: It is not applicable to felonies by negligence because in felonies through negligence. weapon used 2. the absence of the intent to kill reduces the felony to mere physical injuries. capable of exciting. 2 Under 18 or Over 70 Years Old NOTE: Age of accused is determined by his age at the date of commission of crime. Provocation Vindication Made directly only to the Grave offense may be also the offender’s person committing the against relatives mentioned by law felony Cause that brought about the provocation need not be a grave offense Necessary that provocation or threat immediately preceded the act. show that there is a notable evident disproportion between the means employed to execute the criminal act and its consequences. If two requisites are present. No time interval Offended party must have done a grave offense to the offender or his relatives May be proximate. the offender acts without intent. which may give rise to self-defense and thus no longer a mitigating circumstance. that in selfdefense. Requisites: 1. Time interval allowed ART. must be immediate to the commission of the crime by the person who is provoked NOTE: Threat should not be offensive and positively strong. it would be an unlawful aggression. Par. 3 No Intention to Commit so Grave a Wrong QuickTime™ and a the proven facts NOTE: Can be used only when TIFF (Uncompressed) decompressor are needed toand see this picture. provocation must be sufficient 2. it must originate from the offended party 3. no imposition of death penalty. defense of relative or stranger.11(4) if any of the last two requisites is absent.
that is. (proximate time. offender not actually arrested 2. either because: 1. confession of guilt was made prior to the presentation of the evidence for the prosecution PASSION & OBFUSCATION Mitigating No physical force needed From the offender himself IRRESISTIBLE FORCE Exempting Requires physical force Must come from a WHEN SURRENDER VOLUNTARY . offender spontaneously confessed his guilt 2. Which Gave Rise To Passion And Obfuscation: 1.must be spontaneous. surrender was voluntary VOLUNTARY PLEA OF GUILT 1. not admitting of time during which the perpetrator might recover his normal equanimity 4. offender surrendered to person in authority 3. That the act was proximate to the criminal act. natural or adopted brothers or sisters or relatives by affinity within the same degrees 2. act must come from lawful sentiments. Page 11 of 174 . a grave offense done to the one committing the felony. QuickTime™ and a Requisites: VOLUNTARY SURRENDER 1. legitimate.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Par. It is only required that the influence thereof lasts until the crime is committed Effect is loss of reason and selfcontrol on the part of the offender 3rd person Unlawful PROVOCATION Comes from injured party Immediately precede the commission of the crime Same Par. before the competent court that is to try the case 3. 5 Vindication of Grave Offense Requisites: 1. 6 Passion or Obfuscation Requisites: 1. not just immediately after) Must come from lawful sentiments PASSION & OBFUSCATION Produced by an impulse which may be caused by provocation Offense which engenders perturbation of mind need not be immediate. both unlawful and unjust 2. treachery since this means that the offender had time to ponder his course of action. 7 Surrender and Confession of Guilt Par. the impulse must be so powerful that it naturally produced passion or obfuscation in him NOTE: Act must have been committed not in the spirit of lawlessness or revenge. showing the intent of the accused to submit himself unconditionally to the authorities. The act be sufficient to produce a condition of mind 3. Further mitigates penalty. or 2. he wishes to save them the trouble and expense necessarily incurred in his search and capture. Act. That there be an act. offender acted upon an impulse 2. his spouse. ascendants. considered as two independent mitigating circumstances. he acknowledges his guilt. NOTE: If both are present. The victim must be the one who caused the passion or obfuscation TIFFobfuscation (Uncompressed) decompressor NOTE: Passion and cannot co-exist with are needed to see this picture. as long as the offender is still suffering from the mental agony brought about by the offense to him. descendants. confession was made in open court. the felony is committed in immediate vindication of such grave offense NOTE: “Immediate” allows for a lapse of time.
Specific . he is entitled to mitigating circumstance as long as he withdraws his plea of not guilty to the charge before the fiscal could present his evidence. 3. defense or communication with others. NOTE: The physical defect must relate to the offense committed. animal taken for ransom is not the same as analogous to vindication of grave voluntary surrender offense KINDS OF AGGRAVATING CIRCUMSTANCES: 1. Generic . restricting his means of action. or 5. similar to voluntary surrender running amuck is not mitigating . Such illness should not deprive the offender of consciousness of his acts. similar to passion and obfuscation voluntary restitution of property. Par. the time. Qualifying . Examples Not examples defendant who is 60 years old killing the wrong with failing eyesight is similar to a person case of one over 70 yrs old QuickTime™ and a outraged feeling of TIFF owner of not resisting arrest is (Uncompressed) decompressor are needed to see this picture. 3. Par. The illness of the offender must diminish the exercise of his will-power. 10 Similar and Analogous Circumstances extreme poverty. BASIS: The greater perversity of the offender manifested in the commission of the felony as shown by: 1. if attendant in the commission of the crime. is Mitigating Circumstance. serve to have the penalty imposed in its maximum period provided by law for the offense or those that change the nature of the crime. 9 Illness of the Offender Requisites: 1.which of necessity accompany the commission of the crime. Increases the penalty which should be imposed upon the accused to the QUALIFYING AGGRAVATING CIRCUMSTANCE EFFECT: Gives the crime its proper and exclusive name and places the author of the crime in such a situation as to deserve no other Page 12 of 174 impulse of jealous feeling.those that change the nature of the crime 4. 8 Physical Defect of Offender The offender is deaf and dumb. the motivating power itself.those which apply to all crimes 2. even if during arraignment. Par. Plea to the offense charged in the amended info.those which arise under special conditions to increase the penalty of the offense and cannot be offset by mitigating circumstances GENERIC AGGRAVATING CIRCUMSTANCE EFFECT : When not set off by any mitigating circumstance. Special . Inherent . the personal circumstances of the offender. the plea of guilt must be to the offense charged. or the offended party.those which apply only to specific crimes. blind or otherwise suffering from some physical defect. similar to incomplete justification based on state of necessity CHAPTER FOUR CIRCUMSTANCES WHICH AGGRAVATE CRIMINAL LIABILITY AGGRAVATING CIRCUMSTANCES – Those which. the place of the commission. lesser than that charged in the original info.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 NOTES: plea made after arraignment and after trial has begun does not entitle accused to the mitigating circumstance If accused pleaded not guilty. Plea to a lesser charge is not a Mitigating Circumstance because to be such. therefore not considered in increasing the penalty to be imposed 5. the means and ways employed 4. 2. 2.
Page 13 of 174 . When the public officer did not take advantage of the influence of his position. 321) or a crime involving destruction (Art. (Art. falsification of a document committed by public officers (Art. and therefore shall not be taken into account for the purpose of increasing the penalty. That the public authority is engaged in the exercise of his functions. The circumstances which consist : a) In the material execution of the act. this aggravating circumstance is not present NOTE : Taking advantage of a public position is also inherent in the case of accessories under Art. Ex: malversation (Art. regardless of its kind. 9.…explosion” (Art. concealing. 273) To be considered as such.2) 3. shall serve to aggravate the liability of only those persons who had knowledge of them at the time of the execution of the act or their cooperation therein. Ex: “That the crime be committed by means of …fire. accomplices and accessories as to whom such circumstances are attendant. 19. 1. a qualifying aggravating circumstance will be considered generic May be offset by a mitigating circumstance. par. one of them will be appreciated as qualifying aggravating while the others will be considered as generic aggravating. Bayot. 217). par. par. b) From his private relations with the offended party. Aggravating circumstances.62. 171). (Art. 14: AGGRAVATING CIRCUMSTANCES Par. MUST be alleged in the information Cannot be offset by a mitigating circumstance act of all. 4) 5. When there is more than one qualifying aggravating circumstance present. 12) is in itself a crime of arson (Art. 3) are needed to see this picture. It is not to be considered to increase the penalty for the crime of arson or for the crime involving destruction. regardless of lack of knowledge of the facts constituting the circumstance. and in crimes committed by public officers (Arts. Rule 110. RULES ON AGGRAVATING CIRCUMSTANCES: 1. 62. Aggravating circumstances which arise: a) From the moral attributes of the offender. (Sec. If not alleged in the information. par. Par. par. Offender is public officer 2. QuickTime™ and a TIFF (Uncompressed) decompressor 62. 324). 2. That the crime be committed in contempt of or with insult to public authorities Requisites: 1. or b) In the means employed to accomplish it. The same rule shall apply with respect to any aggravating circumstance inherent in the crime to such a degree that it must of necessity accompany the commission thereof(Art. That he who is thus engaged in the exercise of said functions is not the person against whom the crime is committed. 4. or c) From any personal cause. Public officer must use the influence. 3 (harboring. prestige. Aggravating circumstances shall NOT be appreciated if: a) They constitute a crime specially punishable by law. 2000 Rules of Criminal Procedure) 6. 2. Except when there is proof of conspiracy in which case the act of one is deemed to be the ART. 14. That advantage be taken by the offender of his public position Requisites: 1. 2. should be specifically alleged in the information AND proved as fully as the crime itself in order to increase the penalty. or b) It is included by the law in defining a crime with a penalty prescribed.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 maximum period but without exceeding the limit prescribed by law penalty than that specially prescribed by law for said crimes (People v. shall only serve to aggravate the liability of the principals. 204245). or ascendancy which his office gives him as means to realize criminal purpose It is not considered as an aggravating circumstance where taking advantage of official position is made by law an integral element of the crime or inherent in the offense. or assisting in the escape of the principal of the crime). 64Phil269.
or Page 14 of 174 AGENT – subordinate public officer charged w/ the maintenance of public order and protection and security of life and property Ex: barrio vice lieutenant. Lapaz. Mayor 3. 3. The abuse of confidence which the offended party reposed in the offender by opening the door to him. while disregard of sex and age pertains to the relationship of the victim. These circumstances shall only be QuickTime™ and a TIFF (Uncompressed) decompressor circumstance. reference to others (There must be a difference in the social condition of the offender and the offended party). It includes dependencies. His presence has not prevented the offender from committing the criminal act. It must be shown that in the commission of the crime the offender deliberately intended to offend or insult the sex. although the assailant may have devised means to perpetrate the assault from without. not to the male sex. Dwelling does not mean the permanent residence or domicile of the offended party or that he must be the owner thereof. 3. or person who is directly vested with jurisdiction and has the power to govern and execute the laws Ex: 1. That the act be committed: (1) with insult or in disregard of the respect due the offended party on account of his (a)rank. however. that status is only for purposes of Art. He must. SEX– refers to the female sex. or sex is not applicable in the following cases: 1. PERSON IN AUTHORITY – public authority. The AC of disregard of rank. they cannot be invoked in crimes against property. may be temporary as in the case of guests in a house or bedspacers. While he is a person in authority under Art. When the offender acted with passion and obfuscation. 148 (direct assault) and Art. it is enough that the victim was attacked inside his own house. March 31. if the latter has not given provocation Rules regarding par 3(1): 1. age. It is not necessary that the accused should have actually entered the dwelling of the victim to commit the offense. be actually living or dwelling therein even for a temporary duration or purpose. sex may be taken into account only in crimes against persons or honor. 152 (resistance and disobedience). When there exists a relationship between the offended party and the offender. (b) age. abduction. seduction and rape) People vs. Governor 2. 2. What aggravates the commission of the crime in one’s dwelling: 1. 2.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 3. 1989 Disregard of sex and age are not absorbed in treachery because treachery refers to the manner of the commission of the crime. When the condition of being a woman is indispensable in the commission of the crime. Chief of Police NOTE: A teacher or professor of a public or recognized private school is not a “public authority within the contemplation of this paragraph. 3. age and rank of the offended party. Rank. Government agents 6. barrio councilman Par. RANK – The designation or title of distinction used to fix the relative position of the offended party in . or (c) sex or (2) that it be committed in the dwelling of the offended party. Barangay captain/ chairman 4.148) This is NOT applicable when committed in the presence of a mere agent. The crime should not be committed against the public authority (otherwise it will constitute direct assault under Art. 152. The offender knows him to be a public authority. age. AGE – may refer to old age or the tender age of the victim. the foot of the staircase and the enclosure under the house NOTES: The aggravating circumstance of dwelling requires that the crime be wholly or partly committed therein or in any integral part thereof. 4. (Ex: in parricide. Councilors 5. considered as one aggravating are needed to see this picture. DWELLING – must be a building or structure exclusively used for rest and comfort (combination of house and store not included).
Actual performance of duties is not necessary when crime is committed in the palace or in the presence of the Chief Executive are needed to see this picture. Sufficient. the same is aggravating.4 which must be independently appreciated if present in the same case While one may be related to the other in the factual situation in the case. In the crime of trespass to dwelling. 3. Requisites Regarding Public Authorities: 1. NOTE: The ungratefulness contemplated by par. 2. he loses his right to the respect and consideration due him in his own house. Par. However. 315). Meaning of provocation in the aggravating circumstance of dwelling: The provocation must be: 1. That the act be committed with: (1) abuse of confidence or (2) obvious ungratefulness There are two aggravating circumstances present under par. 310). and the fact that the crime is committed in the dwelling of the offended party is NOT an aggravating circumstance.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 2. and qualified seduction (Art. That the offender abused such trust by committing a crime against the offended party. or in a place dedicated to religious worship. That the offender abused such trust by committing a crime against the offended party. 217). 337). if the paramour also dwells in the conjugal dwelling. Abuse of confidence requires a special confidential relationship between the offender and the victim. qualified theft (Art. it is inherent or included by law in defining the crime. 2. When both the offender and the offended party are occupants of the same house. The violation of the sanctity of the home by trespassing therein with violence or against the will of the owner. crime occurred in the public office Page 15 of 174 . 2. That the act be committed with obvious ungratefulness. 3. or where public authorities are engaged in the discharge of their duties. That the offended party had trusted the offender. 2. while this is not required for there to be obvious ungratefulness Requisites Of Abuse Of Confidence: 1. NOTE: Abuse of confidence is inherent in malversation (Art. When robbery is committed by the use of force upon things. Dwelling is not aggravating in the following cases: 1. the applicable aggravating circumstance is abuse of confidence. dwelling is aggravating in robbery with violence against or intimidation of persons because this class of robbery can be committed without the necessity of trespassing the sanctity of the offended party’s house. NOTE: If all these conditions are present. estafa by conversion or misappropriation (Art. 4. or in his presence. Immediate to the commission of the crime. There must exist a close relation between the provocation made by the victim and the commission of the crime by the accused. That the abuse of confidence facilitated the commission of the crime. However. QuickTime™ and a TIFF (Uncompressed) decompressor 5. REASON: When it is the offended party who has provoked the incident. and this is true even if offender is a servant in the house. 5. That the offended party had trusted the offender. The victim is not a dweller of the house. Requisites of obvious ungratefulness: 1. Par. exception: In case of adultery in the conjugal dwelling. 4 must be such clear and manifest ingratitude on the part of the accused. they cannot be lumped together. the offended party is deemed to have given the provocation. and 3. 3. That the crime be committed in the palace of the Chief Executive. 4. When the owner of the dwelling gave sufficient and immediate provocation. Given by the owner of the dwelling. dwelling is not aggravating because it is inherent.
EXCEPTION: Where both the treacherous mode of attack and nocturnity were deliberately decided upon in the same case. (Jan. they can be considered separately if such circumstances have different factual bases. GENERAL RULE: Nighttime is absorbed in treachery. et. public authorities are actually performing their public duties PAR. The crime occurred in a place dedicated to the worship of God regardless of religion 2. and nighttime was considered upon proof that it facilitated the commission of the offense and was taken advantage of by the accused. there was treachery as the victim was stabbed while lying face up and defenseless. Page 16 of 174 . or (2) in an uninhabited place. 1966). Commission of the crime must begin and be accomplished in the nighttime. Public authorities are in the performance of their duties Place where public duty is performed In their office. whenever such circumstance may facilitate the commission of the offense NOTE: When present in the same case and their element are distinctly palpable and can subsist independently. however respectable they may be. the other places mentioned are aggravating per se even if no official duties or acts of religious worship are being conducted there. they shall be considered separately. 6. 30. there was a reasonable possibility of the victim receiving some help. where the houses are scattered at a great distance from each other Solitude must be sought to better attain the criminal purpose What should be considered here is whether in the place of the commission of the offense. The offender must have decided to commit the crime when he entered the place of worship Except for the third which requires that official functions are being performed at the time of the commission of the crime. uninhabited place or band aggravating: 1. and treachery was further appreciated because the victim’s hands and arms were tied together before he was beaten up by the accused. nighttime need not be specifically sought for when (1) it facilitated the commission of the offense. When nighttime. In People vs. NIGHTTIME (obscuridad) – that period of darkness beginning at the end of dusk and ending at dawn.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 2. 2. The offended party May or may not be the Public authority should public authority not be the offended party Requisites (Place Dedicated To Religious Worship): 1. or 3. When especially sought for by the offender to insure the commission of the crime or for the purpose of impunity. a place at a considerable distance from town. or (3) by a band. or that it facilitated the crime Par. or 2. (June 30. When it facilitated the commission of the crime. When the offender took advantage thereof for the purpose of impunity QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. Thus: In People vs. When the place of the crime is illuminated by light. or (2) the offender took advantage of the same to commit the crime A bare statement that crime was committed at night is insufficient. The information must allege that nighttime was sought for or taken advantage of. 5. Ong. Berdida. et. al. al. Nighttime is not especially sought for when the notion to commit the crime was conceived of shortly before commission or when crime was committed at night upon a casual encounter However. nighttime was considered since it was purposely sought. That the crime be committed (1) in the nighttime. nighttime is not aggravating. Contempt or authorities are engaged insult to public in the discharge of their authorities duties FOR BOTH. It is not considered aggravating when the crime began at daytime. 1975). are not considered as place dedicated to the worship of God. Outside of their office. Cemeteries. Where public PAR. UNINHABITED PLACE (despoblado) – one where there are no houses at all.
epidemic or other calamity or misfortune.e. That the offender is convicted of the new offense. 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. When This Aggravating Circumstance Shall Not Be Considered: . Par. That he was previously convicted by final judgment of another crime. The crime was committed when there was a calamity or misfortune 2. When the others were only “casually present” and the offender did not avail himself of any of their aid or when he did not knowingly count upon their assistance in the commission of the crime Par. not necessary. It is meant to include everything that is done in the course of the trial. When both the attacking party and the party attacked were equally armed. 8. shall have been previously convicted by final judgment of another crime embraced in the same title of the RPC. That armed men or persons took part in the commission of the crime. If there are four armed men. 2. directly or indirectly. and not when they were merely present at the crime scene. 9. If there are three armed men or less. “With the aid of armed men” Par. 6 “By a band” Par. earthquake. That the accused availed himself of their aid or relied upon them when the crime was QuickTime™ and a TIFF (Uncompressed) decompressor committed.That the crime be committed with the aid of (1) armed men or (2) persons who insure or afford impunity Requisites: 1. Neither should they constitute a band. this aggravating circumstance may not be taken into consideration. “Aid of armed men” includes “armed women.” Par. are needed to see this picture. for then the proper aggravating circumstance would be cuadrilla. 4.. 8. That the crime be committed on the occasion of a conflagration. 3. for actual aid is offense. That both the first and the second offenses are embraced in the same title of the Code.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 BAND (en cuadrilla) – whenever there are more than 3 armed malefactors that shall have acted together in the commission of an offense NOTE: There must be four or more armed men If one of the four-armed malefactors is a principal by inducement. including the rendering of the judgment. they do not form a band because it is undoubtedly connoted that he had no direct participation. Requisites: 1.” It is employed in its general sense. Requisites: 1. MEANING OF “at the time of his trial for one crime. “By a band” is aggravating in crimes against property or against persons or in the crime of illegal detention or treason but does not apply to crimes against chastity “By a band” is inherent in brigandage This aggravating circumstance is absorbed in the circumstance of abuse of superior strength 1. 3. aid of armed men may be the aggravating circumstance. That the offender is on trial for an offense. aid of armed men is absorbed in employment of a band. 2. As to their number Requires more than three At least two armed malefactors (i. from Page 17 of 174 NOTE: This aggravating circumstance requires that the armed men are accomplices who take part in a minor capacity directly or indirectly. at least four) As to their action Requires that more than This circumstance is three armed malefactors present even if one of the shall have acted together offenders merely relied on in the commission of an their aid. 2. That the accused is a recidivist RECIDIVIST – one who at the time of his trial for one crime. shipwreck. The offender took advantage of the state of confusion or chaotic condition from such misfortune If the offended was PROVOKED by the offended party during the calamity/misfortune. 7.
Recidivism (par. 2. or c) For two or more crimes to which it attaches a lighter penalty than that for the new offense. No other generic aggravating circumstance produces this effect In recidivism it is sufficient that the succeeding offense be committed after the commission of the preceding offense provided that at the time of his trial for the second offense. Multi-recidivism or Habitual delinquency (Art. on separate occasions. pardon does not obliterate the fact that the accused was a recidivist.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 arraignment until after sentence is announced by the judge in open court. Thus. are needed to see this picture. is convicted of two offenses embraced in the same title in the RPC. it is necessary to allege the same in the information and to attach thereto certified copy of the sentences rendered against the accused. his trial for one crime the accused shall have been previously convicted by final judgment of the other. judgments of convicted handed down on the same day shall be considered as only one conviction. not the time of the commission of the offense. they cannot be separately counted in order to constitute recidivism. hence. This is an extraordinary aggravating circumstance. What is controlling is the TIME OF THE TRIAL. offense As to the kind of offenses involved The previous and Requires that the subsequent offenses offenses be included must not be em in the same title of the braced in the same Code. par. Amnesty extinguishes the penalty and its effects. Art. This is a generic aggravating circumstance. However. Art. Requisites Of Reiteracion Or Habituality: 1. Since reiteracion provides that the accused has duly served the sentence for his previous conviction/s. Par. 9. 10. and 3. 4. This is a generic aggravating circumstance. 3. 2. they shall be considered as only one. 62. If both offenses were committed on the same date. THE FOUR FORMS OF REPETITION ARE: 1. recidivism affects only the periods of a penalty. the accused had already been convicted of the first offense. the first conviction is still counted to make him a recidivist Being an ordinary aggravating circumstance. REASON: Because the Code requires that to be QuickTime™ and a (Uncompressed) decompressor at the time of considered as TIFF separate convictions. 160) – Where a person commits felony before beginning to serve or while serving sentence on a previous conviction for a felony. 5) – Where a person within a period of ten years from the date of his release or last conviction of the crimes of serious or less serious physical injuries. title of the Code. robbery. is found guilty of the said crimes a third time or oftener. Quasi-recidivism (Art. theft. That he is convicted of the new offense HABITUALITY RECIDIVISM As to the first offense It is necessary that the It is enough that a offender shall have final judgment has served out his been rendered in the sentence for the first first offense. That he previously served sentence for another offense to which the law attaches an a) Equal or b) Greater penalty. estafa or falsification. 14) – Where the offender has been previously punished for an offense to which the law attaches an equal or greater penalty or for two crimes to which it attaches a lighter penalty. 14) – Where a person. That the offender has been previously punished for an offense to which the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty. This is a special aggravating circumstance. even if the accused was granted a pardon for the first offense but he commits another felony embraced in the same title of the Code. Exception: If the accused does not object and when he admits in his confession and on the witness stand. Also. Recidivism must be taken into account no matter how many years have intervened between the first and second felonies. 10. except in prostitution and vagrancy (Art. That the accused is on trial for an offense. Reiteracion or Habituality (par. 202) and gambling (PD 1602) wherein recidivism increases the penalties by degrees. or is legally considered to have Page 18 of 174 GENERAL RULE: To prove recidivism. .
al. PAR. if the Page 19 of 174 Par. GR No. If the same set of facts constitutes recidivism and reiteracion. 13. the liability of the accused should be aggravated by recidivism which can easily be proven. shipwreck. it should not be taken into consideration for the purpose of increasing the penalty. However. 11. The crime is committed on the occasion of a calamity or misfortune. The price. et. it must be shown that there was a period sufficient to afford full opportunity for meditation and reflection. etc. 12 “by means of inundation. stranding are needed to see this picture. The inducement must be the primary consideration for the commission of the crime. or promise should be previous to and in consideration of the commission of the criminal act NOTE: The circumstance is applicable to both principals . That the crime be committed by means of QuickTime™ and a TIFF poison. derailment of a locomotive. When another aggravating circumstance already qualifies the crime. it being sufficient that the offer made by the principal by inducement be accepted by the principal by direct participation before the commission of the offense. When the victim is different from that intended. 7 “on the occasion of a conflagration. Requisites: 1. fire. It must be shown that the offender had sufficient time to reflect upon the consequences of his act but still persisted in his determination to commit the crime. 2. and 3. any of these aggravating circumstances shall be considered as generic aggravating circumstance only When used as a means to kill another person. 2002) Premeditation is absorbed by reward or promise. reward or promise. a time adequate to allow the conscience to overcome the resolution of the will. The time when the offender determined to commit the crime. reward or promise need not consist of or refer to material things or that the same were actually delivered. (PEOPLE vs. There are at least 2 principals: • The principal by inducement (one who offers) • The principal by direct participation (accepts) 2. (Uncompressed) decompressor inundation.. Par. SILVA. To establish evident premeditation. the crime is qualified to murder. 140871. fire. That the crime be committed in consideration of price. A sufficient lapse of time between the determination and execution. Par. premeditation is not aggravating. August 8. etc. of a vessel or intentional damage thereto.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 done so. reward. 12. PAR. An act manifestly indicating that the culprit has clung to his determination.” The crime is committed by means of any such acts involving great waste or ruin.It affects the person who received the price / reward as well as the person who gave it. That the act be committed with evident premeditation Requisites: The prosecution must prove – 1. The price. If without previous promise it was given voluntarily after the crime had been committed as an expression of his appreciation for the sympathy and aid shown by the other accused. or by use of any artifice involving great waste and ruin The circumstances under this paragraph will only be considered as aggravating if and when they are used by the offender as a means to accomplish a criminal purpose . to allow him to reflect upon the consequences of his act and to allow his conscience to overcome the resolution of his will. quasi-recidivism cannot at the same time constitute reiteracion. hence this aggravating circumstance cannot apply to a quasi-recidivist. Essence of premeditation: The execution of the criminal act must be preceded by cool thought and reflection upon the resolution to carry out the criminal intent during the space of time sufficient to arrive at a calm judgment. explosion. as well as outward acts showing the intent to kill.
In People vs. it was held that there was craft directed to the theft of the QuickTime™ and a vehicle. fraud. Masilang (July 11. Par. Abuse of superior strength is also present when the offender uses a weapon which is out of proportion to the defense available to the offended party. MEANING OF “advantage be taken”: To deliberately use excessive force that is out of proportion to the means for self-defense available to the person attacked. Page 20 of 174 . 2. where the accused pretended to hire the driver in order to get his vehicle. either of which qualifies a killing to murder. (PEOPLE vs. 2002) No Advantage Of Superior Strength In The Following: 1. December 17.. when in fact they had already planned to kill the driver. methods or forms for the treacherous strategy. the accused requested the driver to take them to a place to visit somebody. The test of disguise is whether the device or contrivance resorted to by the offender was intended to or did make identification more difficult. GR No. When there are several offenders participating in the crime. CRAFT The act of the accused done in order not to arouse the suspicion of the victim constitutes craft. Ex: In People vs. That (1) craft. Par. or (2) means be employed to weaken the defense. 14. 1980). 22. 147649. or (3) disguise be employed. DISGUISE (disfraz) – resorting to any device to conceal identity. 1986) there was also craft where after hitching a ride. they must ALL be principals by direct participation and their attack against the victim must be concerted and intended to be so. San Pedro (Jan. Craft and fraud may be absorbed in treachery if they have been deliberately adopted as the means. The use of an assumed name in the publication of a libel constitutes disguise. (2) fraud. Par. separate from the means TIFF (Uncompressed) decompressor are used needed to see picture. fraud is present. Abuse of superior strength is inherent in the crime of parricide where the husband kills the wife. 15. TEST for abuse of superior strength: the relative strength of the offender and his victim and whether or not he took advantage of his greater strength. because whoever is killed by him is contemplated in his premeditation. et. LOBRIGAS. FRAUD (fraude) – insidious words or machinations used to induce the victim to act in a manner which would enable the offender to carry out his design. When a quarrel arose unexpectedly and the fatal blow was struck at a time when the aggressor and his victim were engaged against each other as man to man.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 offender premeditated on the killing of any person. It is employed as a scheme in the execution of the crime. or they may co-exist independently where they are adopted for a different purpose in the commission of the crime. A chicanery resorted to by the accused to aid in the execution of his criminal design. 15 contemplates two aggravating circumstances. CRAFT (astucia) – involved the use of intellectual trickery or cunning on the part of the accused. subsequently to this treacherously kill the defenseless driver. al. FRAUD Where there is a direct inducement by insidious words or machinations. it is proper to consider against the offender the aggravating circumstance of premeditation. Requisite The offender must have actually used craft. or disguise to facilitate the commission of the crime. It is generally accepted that the husband is physically stronger than the wife. That (1) advantage be taken of superior strength. One who attacks another with passion and obfuscation does not take advantage of his superior strength. such as the use of a mask or false hair or beard.
Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007
“BY A BAND” “ABUSE OF SUPERIOR STRENGTH” The gravamen of abuse of superiority is the taking advantage by the culprits of their collective strength to overpower their relatively weaker victim or victims. Hence, what is taken into account here is not the number of aggressors nor the fact that they are armed, but their relative physical strength vis-a vis the offended party. NOTE: Abuse of superior strength absorbs cuadrilla (“band”). MEANING OF “Means employed to weaken defense” - the offender employs means that materially weaken the resisting power of the offended party. Ex: 1. Where one, struggling with another, suddenly throws a cloak over the head of his opponent and while in this situation he wounds or kills him. 2. One who, while fighting with another, suddenly casts sand or dirt upon the latter eyes and then wounds or kills him. 3. When the offender, who had the intention to kill the victim, made the deceased intoxicated, thereby materially weakening the latter’s resisting power. QuickTime™ andapplicable a NOTE: This circumstance is only to TIFF (Uncompressed) decompressor are needed to see this picture. crimes against persons, and sometimes against person and property, such as robbery with physical injuries or homicide. Par. 16. That the act be committed with treachery (alevosia) TREACHERY – when the offender commits any of the crimes against the person, employing means, methods or forms in the execution thereof which tend directly and specially to insure its execution without risk to himself arising from the defense which the offended party might make. Requisites: 1. That at the time of the attack, the victim was not in a position to defend himself; and 2. That the offender consciously adopted the particular means, method or form of attack employed by him. TEST: It is not only the relative position of the parties but, more specifically, whether or not the victim was forewarned or afforded the opportunity to make a defense or to ward off the attack. Rules Regarding Treachery: 1. Applicable only to crimes against persons. 2. Means, methods or forms need not insure accomplishment of crime. 3. The mode of attack must be consciously adopted. Treachery is taken into account even if the crime against the person is complexed with another felony involving a different classification in the Code. Accordingly, in the special complex crime of robbery with homicide, treachery but can be appreciated insofar as the killing is concerned. The suddenness of attack in itself does not constitute treachery, even if the purpose was to kill, so long as the decision was made all of a sudden and the victim’s helpless position was accidental. Treachery applies in the killing of a child even if the manner of attack is not shown. Treachery must be convincing evidence proved by clear and
The element of band is appreciated when the offense is committed by more than three armed malefactors regardless of the comparative strength of the victim or victims.
Treachery is considered against all the offenders when there is conspiracy.
WHEN MUST TREACHERY BE PRESENT: 1. When the aggression is continuous, treachery must be present in the beginning of the assault. (PEOPLE vs. MANALAD, GR No. 128593, August 14, 2002) Thus, even if the deceased was shot while he was lying wounded on the ground, it appearing that the firing of the shot was a mere continuation of the assault in which the deceased was
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Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007
wounded, with no appreciable time intervening between the delivery of the blows and the firing of the shot, it cannot be said that the crime was attended by treachery. 2. When the assault was not continuous, in that there was interruption, it is sufficient that treachery was present at the moment the fatal blow was given. Hence, even though in the inception of the aggression which ended in the death of the deceased, treachery was not present, if there was a break in the continuity of the aggression and at the time of the fatal wound was inflicted on the deceased he was defenseless, the circumstance of treachery must be taken into account. TREACHERY ABUSE OF SUPERIOR STRENGTH Offender does not employ means, methods or forms of attack, he only takes advantage of his superior strength MEANS EMPLOYED TO WEAKEN DEFENSE Means are employed but it only materially weakens the resisting power of the offended party
Means, methods or forms are employed by the offender to make it impossible or hard for the offended party to put any sort of resistance
Par. 17. That means be employed or circumstances brought about which add ignominy to the natural effects of the act IGNOMINY – is a circumstance pertaining to the moral order, which adds disgrace and obloquy to the material injury caused by the crime. MEANING OF “which add ignominy to the natural effects thereof” The means employed or the circumstances brought about must tend to make the effects of the crime more humiliating to victim or to put the offended party to shame, or add to his moral suffering. Thus it is incorrect to appreciate ignominy where the victim was already dead when his body was dismembered, for such act may not be considered to have added to the victim’s moral suffering or humiliation. (People vs. Carmina, G.R. No. 81404, January 28, 1991) Applicable to crimes against chastity, less serious physical injuries, light or grave coercion, and murder.
Treachery Should Be Considered Even If: 1. The victim was not predetermined but there was a generic intent to treacherously kill any first two persons belonging to a class. (The same rule obtains for evident premeditation). 2. There was aberratio ictus and the bullet hit a person different from that intended. (The rule is different in evident premeditation). 3. There was error in personae, hence the victim was not the one intended by the accused. (A different rule is applied in evident premeditation). REASON FOR THE RULE: When there is treachery, it is impossible for either the intended victim or the actual victim to defend himself against the aggression. TREACHERY ABSORBS: 1. Craft 2. Abuse of superior strength 3. Employing means to weaken the defense QuickTime™ and a TIFF (Uncompressed) decompressor 4. Cuadrilla (“band”) are needed to see this picture. 5. Aid of armed men 6. Nighttime
Par. 18. That the crime be committed after an unlawful entry. UNLAWFUL ENTRY - when an entrance is effected by a way not intended for the purpose. NOTE: Unlawful entry must be a means to effect entrance and not for escape. REASON FOR AGGRAVATION: One who acts, not respecting the walls erected by men to guard their property and provide for their personal safety, shows a greater perversity, a greater audacity; hence, the law punishes him with more severity.
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Par. 19. That as a means to the commission of a crime, a wall, roof, floor, door, or window be broken. Intended to counteract the great facilities found by modern criminals in said means to commit crime and flee and abscond once the same is committed. Use of motor vehicle is aggravating where the accused purposely and deliberately used the motor vehicle in going to the place of the crime, in carrying away the effects thereof, and in facilitating their escape.
Applicable only if such acts were done by the offender to effect ENTRANCE. If the wall, etc., is broken in order to get out of the place, it is not an aggravating circumstance. It is NOT necessary that the offender should have entered the building Therefore, If the offender broke a window to enable himself to reach a purse with money on the table near that window, which he took while his body was outside of the building, the crime of theft was attended by this aggravating circumstance. PAR. 18 Presupposes that there is no such breaking as by entry through the window.
MEANING OF “or other similar means” Should be understood as referring to motorized vehicles or other efficient means of transportation similar to automobile or airplane.
PAR. 19 It involves the breaking (rompimiento) of the enumerated parts of the house.
Par. 21. That the wrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary for its commission CRUELTY – there is cruelty when the culprit enjoys and delights in making his victim suffer slowly and gradually, causing unnecessary physical pain in the consummation of the criminal act. Requisites: 1. That the injury caused be deliberately increased by causing other wrong; 2. That the other wrong be unnecessary for the execution of the purpose of the offender. Cruelty is not inherent in crimes against persons. In order for it to be appreciated, there must be positive proof that the wounds found on the body of the victim were inflicted while he was still alive in order unnecessarily to prolong physical suffering. Cruelty cannot be presumed If the victim was already dead when the acts of mutilation were being performed, this would also qualify the killing to murder due to outraging of his corpse. CRUELTY (PAR. 21) Refers to PHYSICAL suffering
NOTE: Breaking in is lawful in the following instances: 1. An officer, in order to make an arrest, may break open a door or window of any building in which the person to be arrested is or is reasonably believed to be; 2. An officer, if refused admittance, may break open any door or window to execute the search warrant or liberate himself, 3. Replevin, Section 4, Rule 60 of the Rules of Court Par. 20. That the crime be committed (1) with the aid of persons under fifteen (15) years of age, or (2) by means of motor vehicles, airships, or other similar means.
QuickTime™ and a TWO DIFFERENT CIRCUMSTANCES GROUPED TIFF (Uncompressed) decompressor are needed to see this picture. IN THIS PARAGRAPH: 1. With the aid of persons under fifteen years of age: Intends to repress, so far as possible, the frequent practice resorted to by professional criminals to avail themselves of minors taking advantage of their irresponsibility. 2. By means of motor vehicles, airships, or other similar means:
IGNOMINY (PAR.17) Involves MORAL suffering ¾
Unlike mitigating circumstances (par. 10, Art. 13), there is NO provision for aggravating circumstances of a similar or analogous character.
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like acts of lasciviousness (Art. Degree of instruction and education of the offender. Legitimate. As a rule. if the offended party is a relative of a lower degree. ii. 3. or adopted brother or sister. usurpation (Art. In crimes against persons – a) It is aggravating where the offended party is a relative of I. Relative by affinity in the same degree of the offender. THE ALTERNATIVE CIRCUMSTANCES ARE: 1. 3. Ascendant. fraudulent insolvency (Art. d) In rape. 336). 263). 2. REASON: It is the duty of the stepparents QuickTime™ to bestow upon their and a TIFF (Uncompressed) decompressor stepchildren a mother’s/father’s affection. ART. relationship is mitigating in the crimes of robbery (Arts.15 Concept of Alternative Circumstances BASIS: The nature and effects of the crime and the other conditions attending its commission. Page 24 of 174 . It is aggravating if the offended party is a relative of a higher degree of the offender. The relationship of adopted parent and adopted child. Descendant. a higher degree than the offender. regardless of whether the offender is a relative of a higher or lower degree of the offended party. 4.g. NOTE: But the relationship of uncle and niece is not covered by any of the relationship mentioned. 2. In crimes against chastity. c) When the crime is homicide or murder. relationship is always aggravating. relationship is aggravating where a stepfather raped his stepdaughter or in a case where a father raped his own daughter. brothers) b) But when it comes to physical injuries: i. adultery and concubinage). iii. The relationship of stepfather or stepmother and stepson or stepdaughter. When the qualification given to the crime is derived from the relationship between the offender and the offended party. are needed to see this picture. But the serious physical injuries must not be inflicted by a parent upon his child by excessive chastisement. Intoxication. or II. relationship is aggravating even if the victim of the crime is a relative of a lower degree. (e. relationship is mitigating in crimes against property.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 CHAPTER FIVE ALTERNATIVE CIRCUMSTANCES When Relationship Mitigating And When Aggravating: 1. 321-322. care and protection. Relationship. 332. parricide. or 5. when the offender and the offended party are relatives of the same level (e.g. RELATIONSHIP The alternative circumstance of relationship shall be taken into consideration when the offended party is the – 1. because it is inseparable from and inherent in the offense. and 3. Other Relatives Included (By Analogy): 1. even if the offended party is a descendant of the offender. Spouse. 294-302). ALTERNATIVE CIRCUMSTANCES – Those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and the other conditions attending its commission. 314) and arson (Arts. Thus. 312). 2. natural. It is mitigating when the offense committed is less serious physical injuries or slight physical injuries. by analogy to the provisions of Art. 2. It is aggravating when the crime involves serious physical injuries (Art. it is neither mitigating nor aggravating. 325-326).
If intoxication is habitual. and not collective. TITLE TWO PERSONS CRIMINALLY LIABLE FOR FELONIES ART. in the absence of proof to the contrary. liability. High degree of instruction and education is aggravating. Active subject (the criminal) Art. Refers to the lack or presence of sufficient intelligence and knowledge of the full significance of one’s acts. theft. arson. If intoxication is not habitual. INSTRUCTION OR EDUCATION As an alternative circumstance it does not refer only to literacy but more to the level of intelligence of the accused.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 INTOXICATION When Intoxication Mitigating And When Aggravating: 1. To be mitigating. accomplice or an accessory is essential under the RPC. or ii. The classification of the offenders as principal. Crimes against chastity. Treason – because love of country should be a natural feeling of every citizen. REASON: In the commission of light felonies. Mitigating – i. the crime of defamation may be committed if the imputation tends to blacken the memory of one who is dead. 2. 2. the accused has taken such quantity of alcoholic drinks as to blur his reason and deprive him of a certain degree of control.g. EXCEPTIONS: 1. are needed to see this picture. Once intoxication is established by satisfactory evidence. corporation and partnership can be a passive subject of a crime. Crimes against property (e. Low degree of instruction and education or lack of it is generally mitigating. and 2. and the State. the accused’s state of intoxication must be proved. This article applies only when the offenders are to be judged by their individual. the juristic person. EXCEPTION: Under Art. However. That at the time of the commission of the criminal act. The classification maybe applied to special laws only if the latter provides for the same graduated penalties as those provided under the RPC. There Are Two Parties In All Crimes: 1. 16 enumerates the active subjects of the crime. it is presumed to be non-habitual or unintentional. 253. If intoxication is not subsequent to the plan to commit a felony. however unlettered or uncultured he may be. or subsequent to the plan to commit the felony. the social wrong as well as the individual prejudice is so small that penal sanction is unnecessary. robbery) 2. or ii. GENERALLY: Corpses and animals cannot be passive subjects because they have no rights that may be injured. That such intoxication is not habitual.16. estafa. Page 25 of 174 . Note: Only natural persons can be the active subject of crime because of the highly personal nature of the criminal responsibility. Passive subject (the injured party) Is the holder of the injured right: the man. and 3. To Be Entitled To The Mitigating Circumstance Of Intoxication. the group. when the offender took advantage of his learning in committing the crime. If it is intentional (subsequent to the plan to commit a felony). Aggravating – i. GENERAL RULE: Lack of sufficient education is QuickTime™ and a TIFF (Uncompressed) decompressor mitigating. It Must Be Shown: 1.WHO ARE CRIMINALLY LIABLE Note that accessories are not liable for light felonies.
Principal by INDISPENSABLE COOPERATION (par. NOTES: Conspirator is not liable for the crimes of the others which are not the object of the conspiracy nor are logical or necessary consequences thereof Regarding multiple rape – each rapist is liable for another’s crime because each cooperated in the commission of the rapes perpetrated by the others EXCEPTION: in the crime of murder w/ treachery – all the offenders must at least know that there will be treachery in executing the crime or cooperate therein. Active cooperation by all the offenders in the perpetration of the crime 3. Contribution by positive acts to the realization of a common criminal intent 4. Thus. Conspiracy is negated by the acquittal of codefendant. doubt • Mere knowledge or approval is insufficient • It is not necessary that there be formal agreement • Conspiracy is implied when the accused had a common purpose and were united in execution.1) 2. However. That they carried out their plan and personally took part in its execution by acts which directly tended to the same end. While conspiracy may be implied from the circumstances attending the commission of the crime. he is equally liable as a principal by direct participation. But there can be a principal by direct participation without a Page 26 of 174 CONSPIRACY – there is unity of purpose and intention. • Unity of purpose and intention in the commission of the crime may be shown in the following cases: .2) 3. there can be no principal by inducement (or by indispensable cooperation) unless there is a principal by direct participation. Under conspiracy. personally taking part in its execution. coup d’ etat or rebellion. and 2. Presence during the commission of the crime by a band and lending moral support thereto.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ART. Principal by DIRECT PARTICIPATION (par. Par. although he was not present in the scene of the crime. MEANING OF “personally took part in its execution” That the principal by direct participation must be at the scene of the commission of the crime.3) • Par. No such thing as conspiracy to commit an offense through negligence. How conspiracy is established: QuickTime™ and a (Uncompressed) decompressor • It is proven by TIFF overt acttoand beyond reasonable are needed see this picture. That such inducement be the determining cause of the commission of the crime by the material executor. sedition.17.PRINCIPALS THREE TYPES OF PRINCIPALS: 1. Spontaneous agreement at the moment of the commission of the crime 2. special laws may make one a co-principal. unless the crime agreed to be committed is treason. That the inducement be made directly with the intention of procuring the commission of the crime. Ex: One serving as guard pursuant to the conspiracy is a principal by direct participation 1. One cannot be held guilty of having instigated the commission of the crime without first being shown that the crime was actually committed (or attempted) by another. NOTE: If the second element is missing. and (conspiracy) 2. That they participated in the criminal resolution. 2 – Principals by induction Requisites: 1. those who did not participate in the commission of the acts of execution cannot be held criminally liable. Principal by INDUCTION (par. 1 – Principals by direct participation Requisites: 1. it is nevertheless a rule that conspiracy must be established by positive and conclusive evidence.
it cannot be said that the inducement was influential in producing the criminal act. there is no conspiracy. In these cases. The mere proposal to commit a felony is punishable in treason or rebellion. his acquittal is not a ground for the acquittal of the principal by inducement. If the person who actually committed the crime had reason of his own to commit the crime. OFFENDER WHO MADE PROPOSAL TO COMMIT A FELONY In both There is an inducement to commit a crime When liable Becomes liable only when the crime is committed by the principal by direct participation. Requisites for words of command to be considered inducement: 1. Page 27 of 174 . Two Ways Of Becoming Principal By Induction: 1. Mere imprudent advice is not inducement. Words used be so direct. or offering of reward or promise. Conspiracy is negatived by the acquittal of codefendant. Commander has the intention of procuring the commission of the crime 2. Commander has ascendancy or influence 3. not even a unity of criminal purpose and intention. such as when the act is not voluntary because of lack of intent on the part of the accused. so efficacious. The inducement must precede the act induced and must be so influential in producing the criminal act that without it. What kind of crime involved Involves any crime The proposal to be punishable must involve only treason or rebellion.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 principal by inducement (or by indispensable cooperation). pars. One cannot be held guilty of having instigated the commission of a crime without first being shown that the crime has been actually committed by another. Otherwise. The one giving the price or offering the reward or promise is a principal by inducement while the one committing the crime in consideration thereof is a principal by direct participation. there is a crime NOTE: Words uttered in the heat of anger and in the nature of the command that had to be obeyed do not make one an inductor. By directly forcing another to commit a crime by : a) Using irresistible force. There is collective criminal responsibility. However. 2. REASON FOR THE RULE: In exempting circumstances. There is also collective criminal responsibility. PRINCIPAL BY INDUCEMENT Effects Of Acquittal Of Principal By Direct Participation Upon Liability Of Principal By Inducement: 1. the proponent becomes a principal by inducement. so powerful 4. b) Using words of command The person who used the words of command is a principal by inducement while the person who committed the crime because of the words of command is a principal by direct participation. the person to whom the proposal is made should not commit the crime. Executor had no personal reason TIFF (Uncompressed) decompressor are needed to see this picture. By directly inducing another to commit a crime by – a) Giving of price. 12. the act would not have been performed. b) Causing uncontrollable fear. Command be uttered prior to the commission QuickTime™ and a 5. Only the one using the force or causing the fear is criminally liable. But if the one charged as principal by direct participation is acquitted because he acted without criminal intent or malice. The material executor is not criminally liable because of Art. 5 and 6 (exempting circumstances) 2.
the participation of the offender will be considered that of an accomplice rather than that of a principal. In case of doubt. Cooperation in the commission of the offense by performing another act. They act as mere instruments that perform acts not essential to the perpetration of the offense Requisites: (the following must concur) 1. Collective Criminal Responsibility: This is present when the offenders are criminally liable in the same manner and to the same extent. knowing the criminal design of the principal by direct participation. with the intention of supplying material or moral aid in the execution of the crime in an efficacious way. he becomes a principal by direct participation. for it can be explained or inferred from the circumstances of each case. 2. But that common will or purpose does not necessarily mean previous understanding. MEANING OF “cooperation in the commission of the offense” To desire or wish in common a thing. (except those who directly forced another to commit a crime) and principals by direct participation have collective criminal responsibility. That there be a relation between the acts done by the principal and those attributed to the person charged as an accomplice. only that the accused is not a criminal.ACCESSORIES Accessories are those who: 1.19. unity of criminal purpose and intention immediately before the commission of the crime. NOTES: Before there could be an accomplice. which are not indispensable to the commission of the crime.18. QUASI-COLLECTIVE criminal responsibility: Some of the offenders in the crime are principals and the others are accomplices. . Principals by indispensable cooperation have collective criminal responsibilities with the principals by direct participation. that is. The penalty to be imposed must be the same for all. without having participated therein either as principals or accomplices. there is either anterior conspiracy or unity of criminal purpose and intention immediately before the commission of the crime charged.Persons who do not act as principals but cooperate in the execution of the offense by previous and simultaneous acts. the criminal responsibility arising from different acts directed against one and the same person is considered as individual and not collective. NOTE: If the cooperation is not indispensable. By profiting themselves or assisting the offender to profit by the effects of the crime. That he cooperates in the execution of the offense by previous or simultaneous acts. he concurs with the latter his purpose. Principals by induction. ART. and 2. Participation in the criminal resolution. Principals by direct participation have collective criminal responsibility. and 3. are needed to see this picture. Page 28 of 174 QuickTime™ and a Individual Criminal Responsibility: TIFF (Uncompressed) decompressor In the absence of any previous conspiracy. the offender is only an accomplice. That there be community of design. and 2. and each of the participants is liable only for the act committed by him. Par. ART. there must be a principal by direct participation. having knowledge of the commission of the crime. without which it would not have been accomplished. take part subsequent to its commission in any of the following acts: a. The person charged as an accomplice should not have inflicted a mortal wound. that is.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 committed. If he inflicted a mortal wound. or community of criminal design.ACCOMPLICES– ACCOMPLICES . 3 – Principal by indispensable cooperation Requisites: 1.
2. 3. The responsibility of the accessory is subordinate to that of the principal in a crime Exception: When the crime was in fact committed by the principal. he is not an accessory but a principal in the crime of theft. c. 2. conceal or assist in the escape of the author of the crime who is guilty of treason. Treason. Assisting the offender to profit by the effects of the crime. parricide. 2. Where the accused misleads the authorities by giving them false information.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 b. parricide. however. Two classes of accessories contemplated in par. Coronel. 3 of art. such act is equivalent to concealment and he should be held as an accessory.G. or assists in the escape of the principal. conceal or assist in the escape of the author of the crime – guilty of treason. 3 . 3. By concealing or destroying the body of the crime to prevent its discovery. GENERAL RULE: If the Principal is acquitted the Accessory is also acquitted. If. CA. it is possible that the accessory may still be held liable even if the principal was acquitted by an exempting circumstance Trial of accessory may proceed without awaiting QuickTime™ and a (Uncompressed) decompressor the result of TIFF the separate charge against the are needed to see this picture. 2 must have been intended to prevent the discovery of the crime. conceal or assist in the escape of the principal of any crime (not light felony) with abuse of his public functions. his silence may hold him liable for misprision of treason (Art. provided it is not a light felony. 116) but as a principal thereof. Requisites: 1. hence. PUBLIC officers. 2 . conceals. murder.a) public officers who harbor. As long as the corpus delicti is proved and the accessory’s participation as such is shown. conceals or assists in the escape of the author of the crime. 19 1. Murder. The prescribed acts of the accessory under par. EXAMPLE: PAR. That the principal is known to be habitually guilty of some other crime. but the principal is covered by exempting circumstances (Art 12) and as a result he is not held liable. 65 O. He harbors. the crime involved is a conspiracy to commit treason. The accessory is a private person. mere silence does not make one an accessory. c. he can be held criminally responsible and meted out the corresponding penalty (Inovero vs. 4.person received and used property from another. If he took it without the consent of the principal. Parricide. The crime committed by the principal is either: a. In profiting by the effects of the crime. However. b. He harbors. or e. Page 29 of 174 . who harbor. The crime committed by the principal is any crime. knowing it was stolen PAR. 3160). murder or an attempt against the life of the President. The accessory is a public officer. or who is known to be habitually guilty of some other crime. principal because the criminal responsibilities are distinct from each other Requisites: 1. or burying the deceased who was killed by the principals PAR. 1 . the accessory must receive the property from the principal. d. or attempts against the life of the President. He should not take it without the consent of the principal. conceal or assist in the escape of the principal of any crime (not light felony) with abuse of his public functions b) private persons who harbor.placing a weapon in the hand of the dead who was unlawfully killed to plant evidence. PRIVATE persons who harbor. An attempt against the life of the President. Neither the letter nor the spirit of the law requires that the principal be convicted before one may be punished as an accessory. or who is known to be habitually guilty of some crime. The public officer acts with abuse of his public functions.
DECREE 1612 NOTES: Nephew and Niece not included Public officer contemplated in par. descendant. AN ACCESSORY IS EXEMPT FROM CRIMINAL LIABLITY WHEN THE PRINCIPAL IS HIS : 1. profited by the effects of the crime. FENCE– is a person who commits the act of fencing. even if such public officer acted with abuse of his official functions. the ties of blood and the preservation of the cleanliness of one’s name.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 PRINCIPAL Takes direct part or cooperates in. TITLE THREE PENALTIES Chapter One : PENALTIES IN GENERAL ART. 3 of Art. of buying. P. 1829 penalizes the act of any person who knowingly or willfully obstructs. 19 is exempt by reason of relationship to the principal.ACCESSORIES WHO ARE EXEMPT FROM CRIMINAL LIABILITY BASIS: QuickTime™ and a TIFF (Uncompressed) decompressor The exemption provided for in this article is based on are needed to see this picture. or induces the commission of the crime does not take part in the commission of the offense Participation of the accessory in all cases always SUBSEQUENT to the commission of the crime 3. ascendant. Mere possession of anything of value which has been the subject of robbery or theft shall be prima facie evidence of fencing. REASON: Because such acts are prompted not by affection but by a detestable greed. Must be commensurate with the offense – different crimes must be punished with different penalties. frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal cases. Accessory Is Not Exempt From Criminal Liability Even If The Principal Is Related To Him. natural or adopted brother. legitimate. or 4. The benefits of the exception in Art. 20 do not apply to PD 1829. A fence who receives stolen property as aboveprovided is not an accessory but a principal in the crime defined in and punished by the Anti-Fencing Law. 2. selling. Page 30 of 174 . Different Juridical Conditions Of Penalty: 1. with intent to gain. REASON: Ties of blood or relationship constitutes a more powerful incentive than the call of duty. receiving.D. assisted the offender to profit by the effects of the crime. impedes. spouse. without however affecting the integrity of the human personality. FENCING– is an act. or 2.20. or 2. or PENALTY – suffering inflicted by the State for the transgression of a law. which compels one to conceal crimes committed by relatives so near as those mentioned in this article. If Such Accessory – 1. or induces the commission of the crime cooperates in the commission of the offense by acts either prior thereto or simultaneous therewith Participates during commission of the crime ACCESSORY Does NOT take direct part or cooperates in. or in any other manner dealing in anything of value which a person knows or should have known to be derived from the proceeds of the crime of robbery or theft. possessing. ANTI-FENCING LAW OF 1979 PRES. sister or relative by affinity within the same degree. keeping. Must be productive of suffering.
Three-Fold Purpose Of Penalty Under The Code: 1. 3. 2. Prevention – to prevent or suppress the danger to the State arising from the criminal act of the offender. when committed. Page 31 of 174 Theories Justifying Penalty: 1. Penal justice must therefore be exercised by the State in the service and satisfaction of a duty. 3.22. (Art. Subsidiary penalty for a crime cannot be imposed. Must be legal – it is the consequence of a judgment according to law. Purpose Of The State In Punishing Crimes The State has an existence of its own to maintain.PENALTIES THAT MAY BE IMPOSED RULE: A felony shall be punishable only by the penalty prescribed by law at the time of its commission. Reformation – the object of punishment in criminal cases is to correct and reform the offender. TIFF (Uncompressed) decompressor to see this its picture. if it was “not prescribed by law prior to its commission” (US vs.21. estafa. Must be equal for all. 6. or makes it greater than it was. The basis of the right to punish violations of penal law is the police power of the State. The crime has been committed and the prosecution begins 2. It is a guaranty to the citizens of this country that no act will be considered criminal until the Government has made it so by law and has provided a penalty. theft. Must be correctional. 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. and moral principles to be vindicated.447) ART. An ex post facto law is one which: 1. The sentence is being carried out HABITUAL DELINQUENT . Social defense are – needed shown by inflexible severity to recidivists and habitual delinquents. 5. Exemplarity – the criminal is punished to serve as an example to deter others from committing crimes. ART. The offender is NOT a habitual criminal (delinquent) under Art. is found guilty of any said crimes a third time or oftener.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 3. 5. and a man cannot be expected to obey an order that has not been given. Its application to the RPC can only be invoked where some former or subsequent law is under consideration. The favorable retroactive effect of a new law may find the defendant in one of the 3 situations: 1. a conscience to assert.An act which when committed was not a crime. Art. 4. 7. 2. REASON: Because a law cannot be rationally obeyed unless it is first shown. Macasaet 11Phil. robbery. Must be certain – no one may escape its effects. Aggravates a crime. Makes criminal an act done before the passage of the law and which was innocent when done.A person who. The new or amendatory law does NOT provide against its retrospective application. a vindication of absolute right and moral law violated by the criminal. Self-defense – so as to protect society from the threat and wrong inflicted by the criminal. EXCEPTION: When retrospective application will be favorable to the person guilty of a felony. GENERAL RULE: Penal laws are applied prospectively. or falsification. The sentence has been passed but service has not begun 3. Retribution or expiation – the penalty is commensurate with the gravity of the offense. and rests primarily on the moral rightfulness of the punishment inflicted (to secure justice). 21 simply announces the policy of the state as regards punishment of crimes) . Provided that: 1. 62(5). 4. Justice – that crime must be punished by the State as an act of retributive justice. Correction or reformation – shown by the rules which regulate the execution of the penalties QuickTime™ and a consisting in deprivation of liberty. 2. Must be personal – no one should be punished for the crime of another.RETROACTIVE EFFECT OF PENAL LAWS NOTE: According to Reyes. 22 is NOT applicable to the provisions of the RPC. EX POST FACTO LAW . 2. cannot be made so by statute without violating the constitutional inhibition as to ex post facto laws.
Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007
3. Changes the punishment and inflicts a greater punishment than the law annexed to the crime when committed; 4. Alters the legal rules of evidence, and authorizes conviction upon a less or different testimony than the law required at the time of the commission of the offense; 5. Assumes to regulate civil rights and remedies only, in effect imposing a penalty or deprivation of a right for something which when done was lawful; and 6. Deprives a person accused of a crime of some lawful protection to which he has become entitled, such as the protection of a former conviction or acquittal, or a proclamation of amnesty. If retroactive effect of a new law is justified, it shall apply to the defendant even if he is: 1. presently on trial for the offense; 2. has already been sentenced but service of which has not begun; or 3. already serving sentence The retroactive effect of criminal statutes does NOT apply to the culprit’s civil liability. REASON: The rights of offended persons or innocent third parties are not within the gift of arbitrary disposal of the State. The provisions of Art. 22 are applicable even to special laws which provide more favorable conditions to the accused. New law may provide that its provisions not to be applied to cases already filed in court at the time of the approval of such law. under the repealed law 3. When there is a saving clause. BILL OF ATTAINDER – A legislative act which inflicts punishment without trial.
ART.23.EFFECT OF PARDON BY THE OFFENDED PARTY– GENERAL RULE: Pardon by the offended party does not extinguish the criminal liability of the offender. REASON: A crime committed is an offense against the State. Only the Chief Executive can pardon the offenders. EXCEPTION: Pardon by the offended party will bar criminal prosecution in the following crimes: Adultery and Concubinage (Art. 344, RPC) – EXPRESS or IMPLIED pardon must be given by offended party to BOTH offenders. Pardon must be given PRIOR to institution of criminal action.
Seduction, Abduction, Acts of Lasciviousness (Art. 344, RPC) EXPRESS pardon given by offended party or her parents or grandparents or guardian Pardon must be given PRIOR to the institution of the criminal action. However, marriage between the offender and the offended party EVEN AFTER the institution of the criminal action or conviction of the offender will extinguish the criminal action or remit the penalty already imposed against the offender, his coprincipals, accomplices and accessories after the fact. The subsequent valid marriage between the offender and the offended party shall extinguish criminal liability or the penalty imposed. In case the legal husband is the offender, subsequent forgiveness by the wife as offended party shall also produce the same effect.
Criminal liability SUBSISTS:
1. When the provisions of the former law are reenacted; or (Note: The right to QuickTime™ punish and offenses committed a TIFF (Uncompressed) decompressor under an old penal law is not extinguished if the are needed to see this picture. offenses are still punishable in the repealing penal law.) 2. When the repeal is by implication; or (Note: When a penal law, which impliedly repealed an old law, is itself repealed, the repeal of the repealing law revives the prior penal law, unless the language of the repealing statute provides otherwise. If the repeal is absolute, criminal liability is obliterated.)
Rape (as amended by R.A. 8353) -
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NOTE: Pardon by the offended party under Art. 344 is ONLY A BAR to criminal prosecution; it is NOT a ground for extinguishment of criminal liability. It DOES NOT extinguish criminal liability. It is not one of the causes that totally extinguish criminal liability in Art 89 Nevertheless, civil liability may be extinguished by the EXRESS WAIVER of the offended party.Civil liability w/ regard to the interest of the injured party is extinguished by the latter’s express waiver because personal injury may be repaired through indemnity. Waiver must be express. State has no reason to insist on its payment. 192, PD No. 603) and for the purposes specified therein. 3. Suspension from the employment or public office during the trial or in order to institute proceedings. 4. Fines and other corrective measures which, in the exercise of their administrative or disciplinary powers, superior officials may impose upon their subordinates. 5. Deprivation of rights and the reparations which the civil law may establish in penal form. Reasons why they are not penalties: 1. Because they are not imposed as a result of judicial proceedings. Those mentioned in paragraphs 1, 3 and 4 are merely preventive measures before conviction of offenders. 2. The offender is not subjected to or made to suffer these measures in expiation of or as punishment for a crime. Note: Those in par 1, 3 and 4 are merely preventive measures before the conviction of offenders. Par. 1 refers to “accused persons” who are detained “by reason of insanity or imbecility.” It does not refer to the confinement of an insane or imbecile who has not been arrested for a crime. It Paragraphs 3 and 4 refer to administrative suspension and administrative fines and not to suspension or fine as penalties for violations of the RPC. Fines in par. 4 do not constitute as penalties because they are not imposed by the court. The deprivations of rights established in penal form by the civil laws is illustrated in the case of parents who are deprived of their parental authority if found guilty of the crime of corruption of their minor children, in accordance with Art. 332 of the Civil Code. Where a minor offender was committed to a reformatory pursuant to Art. 80 (now, PD 603), and while thus detained he commits a crime therein, he cannot be considered a quasi-recidivist since his detention was only a preventive measure, whereas a quasirecidivism presupposes the commission of a
AN OFFENSE CAUSES TWO CLASSES OF INJURIES: SOCIAL INJURY Produced by the disturbance and alarm which are the outcome of the offense. PERSONAL INJURY Caused to the victim of the crime who suffered damage either to his person, to his property, to his honor or to her chastity. Is repaired indemnity. through
Is sought to be repaired through the imposition of the corresponding penalty. The offended party cannot pardon the offender so as to relieve him of the penalty.
The offended party may waive the indemnity and the State has no reason to insist in its payment.
ART.24.MEASURES OF PREVENTION OR SAFETY, WHICH ARE NOT CONSIDERED PENALTIES QuickTime™ and a
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The Following Shall Not Be Considered As Penalties: 1. The arrest and temporary detention of accused persons, as well as their detention by reason of insanity or imbecility, or illness requiring their confinement in a hospital. 2. The commitment of a minor to any of the institutions mentioned in Art. 80 (now Art.
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crime during the service of the penalty for a previous crime. Commitment of a minor is not a penalty because it is not imposed by the court in a judgment. The imposition of the sentence in such a case is suspended. Distinction between classification of Penalties in Art. 9 and Art. 26 Article 9 Article 26 Applicable in determining the prescriptive period of felonies Applicable in determining the prescriptive period of penalties
ART. 26: WHEN AFFLICTIVE, CORRECTIONAL, OR LIGHT PENALTY Fines: 1. Afflictive – over 6000 2. Correctional – 201 to 6000 3. Light – 200 and less NOTES: The classification applies if the fine is imposed as a single or alternative penalty. Hence, it does not apply if the fine is imposed together with another penalty. Fines are imposed either as alternative (Ex: Art 144 punishing disturbance of proceedings with arresto mayor or fine from 200 pesos to 1000 pesos) or single (Ex. fine of 200 to 6000 pesos) Penalty cannot be imposed in the alternative since it is the duty of the court to indicate the penalty imposed definitely and positively. Thus, the court cannot sentence the guilty person in a manner as such as “to pay fine of 1000 pesos, or to suffer an imprisonment of 2 years, and to pay the costs.” If the fine imposed by the law for the felony is exactly 200 pesos, it is a light felony. * People vs. Yu Hai (99 Phil. 725): Under Art. 9, where the fine in question is exactly P200, it is a light penalty, thus the offense is a light felony; whereas under Art. 26, it is a correctional penalty, hence the offense involved is a less grave felony. It that this discrepancy should be resolved liberally in favor of the accused, hence Art. 9 prevails over Art. 26. QuickTime™ and a
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Affli ctive – over 600 0; Corr ecti
onal – 201 to 6000; Light – 200 and less
Chapter Three DURATION AND EFFECTS OF PENALTIES
Section One. — Duration of Penalties Art. 27: RECLUSION PERPETUA 1. Reclusión perpetua – 20 years and 1 day to 40 years 2. Reclusión temporal – 12 years and 1 day to 20 years 3. Prisión mayor and temporary disqualification – 6 years and 1 day to 12 years, except when disqualification is an accessory penalty, in which case its duration is that of the principal penalty 4. Prisión correccional, suspensión, and destierro – 6 months and 1 day to 6 years, except when suspensión is an accessory penalty, in which case its duration is that of the principal penalty 5. Arresto mayor – 1 month and 1 day to 6 months
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Bond to keep the peace is by analogy:
NOTES: 1. Temporary Absolute Disqualification. In cases where after reducing the penalty by one or more degrees. Serious physical injuries or death under exceptional circumstances (Art. he shall be credited in the service of his sentence with the full time of his actual detention. destierro is the proper penalty. 28: COMPUTATION OF PENALTIES Rules on Computation of Penalties: 1. In case of failure to give bond for good behavior (Art. Offenders not entitled to be credited with the full time or four-fifths of the time of their preventive imprisonment: Recidivists or those convicted previously twice or more times of any crime. failed to surrender voluntarily (convicts who failed to voluntarily surrender to serve their penalties under a final judgment. Bond to keep the peace – The period is discretionary on the court. the arrest and temporary detention of the accused is not considered a penalty. 29: PERIOD OF PREVENTIVE IMPRISONMENT DEDUCTED FROM TERM OF IMPRISONMENT Instances when accused undergoes preventive suspension: 1. detention. 247) b. rule (a) applies. not rule (a). the service of the sentence should commence QuickTime™ and a from the TIFF date of the promulgation of the (Uncompressed) decompressor are needed to see this picture. The offender is entitled to a deduction of the full time or 4/5 of the time of his detention. When the offender is in prison – the duration of the temporary penalties (Permanent Absolute Disqualification. In cases of temporary penalties. decision of the appellate court. and if the offender is under detention (as when undergoing preventive imprisonment). rule (c) applies. 334) d. Service in prison begins only on the day the judgment of conviction becomes final. 2. As a penalty for the concubine in concubinage (Art. rule (c) applies. Arresto menor – 1 day to 30 days 7.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 6. ART. bailable but can’t furnish bail Notes: The full time or 4/5 of the time during which the offenders have undergone preventive suspension shall be deducted from the penalty imposed: full time: if the detention prisoner agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners four-fifths of the time: if the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted prisoners In the case of a youthful offender who has been proceeded against under the Child and Youth Welfare Code. When the offender is not in prison – the duration of the penalty of 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. If offender is under preventive imprisonment. if in custody. Destierro is a principal. If he is not under detention (released on bail). Those who. regardless if he agreed to abide by the same disciplinary rules of the institution or not. offense is non-bailable 2. divisible and correctional penalty. upon being summoned for the execution of their sentence. not those who failed or refused to voluntarily surrender after the commission of the crime) Habitual Delinquents are not entitled to credit of time under preventive imprisonment since he is necessarily a recidivist or has been convicted previously twice or more times of Page 35 of 174 . suspension) is from the day on which the judgment of conviction becomes final. 284) c. the accused appealed. The duration of the other penalties – the duration is from the day on w/c the offender commences to serve his sentence NOTES: Reason for rule (a) – Under Art 24. ART. not the trial court’s. Cases when destierro imposed: a. 2.
he is entitled to the full time or 4/5 of the time of preventive suspension Credit is given in the service of sentences consisting of deprivation of liberty (imprisonment and destierro). par. Temporary absolute disqualification is effective during the term of sentence and is removed after the service of the same. not a denial of a right. profession. 31: EFFECT OF THE PENALTIES OF PERPETUAL OR TEMPORARY SPECIAL DISQUALIFICATION ART. profession or calling affected b. Perpetual absolute disqualification is effective during the lifetime of the convict and even after the service of the sentence. For the exercise of the right of suffrage a. ART. Disqualification from holding such office or the exercise of such profession or right of suffrage during the term of the sentence 2. the accused who has been in prison for 30 days (arresto menor to 30 days) should be released because although the maximum penalty is destierro (6 months and 1 day to 6 years). or contemplated A plebiscite is mentioned in Art. Deprivation of the right to vote or to be elected in an office b. Exceptions: (1) deprivation of the public office or employment. or calling a. subject to the provisions of pertinent election laws at the time. and not for punishment – the withholding of a privilege. For public office. the accused sentenced to such penalty does not serve it in prison. Cannot hold another office having similar functions during the period of suspension Section Two.” If the penalty imposed is arresto menor to destierro. Effects of Perpetual and temporary absolute disqualification: 1. PROFESSION OR CALLING. 33: EFFECTS OF THE PENALTIES OF SUSPENSION FROM ANY PUBLIC OFFICE. TIFF (Uncompressed) decompressor are not needed to see this picture. Loss of rights to retirement pay or pension All these effects last during the lifetime of the convict and even after the service of the sentence except as regards paragraphs 2 and 3 of the above in connection with Temporary Absolute Disqualification.30. 2 (deprivation of the right to vote). (2) loss of all rights to retirement pay or other pension for any office QuickTime™ and a formerly held. 30: EFFECTS OF THE PENALTIES OF PERPETUAL OR TEMPORARY ABSOLUTE DISQUALIFICATION NOTES: The exclusion is a mere disqualification from protection. OR THE RIGHT OF SUFFRAGE Effects: 1. persons who had undergone preventive imprisonment but the offense is punishable by a fine only would not be given credit. Duration of RP is to be computed at 30 years. 2. thus. Destierro is considered a “deprivation of liberty. Thus. 32: EFFECT OF THE PENALTIES OF PERPETUAL OR TEMPORARY SPECIAL DISQUALIFICATION FOR THE EXERCISE OF THE RIGHT OF SUFFRAGE NOTE: Temporary disqualification if imposed is an accessory penalty. Deprivation of the right to vote in any election or to be voted upon 3. — Effects of the penaltiesaccording to their respective nature ART. Effects of Perpetual and Temporary Special Disqualification: 1. Disqualification for holding similar offices or employment during the period of disqualification 2. hence. even if the accused is sentenced to life imprisonment. whether perpetual or temporal.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 any crime. the offender may vote in that exercise. Its duration is that of the principal penalty. Deprivation of any public office or employment of offender ART 34: CIVIL INTERDCTION Page 36 of 174 . Cannot hold any public office during the period of disqualification ART. employment. Deprivation of the office.
if the facts and circumstances of the case show that the purpose of the President is to precisely restore the rights i. granting absolute pardon after election to a post (mayor) but before the date fixed by law for assuming office to enable him to assume the position in deference to the popular will Pardon by the offended party – does not extinguish criminal liability. it removes all that is left of the consequences of conviction. unless otherwise provided by or subject to conditions in the Constitution or the laws Extinguishes criminal liability PARDON BY OFFENDED PARTY (ART. 37: COST. 36) Any crime. Guardianship over the ward 3. WHAT ARE INCLUDED Costs include: 1. does not include accessory penalties. if the absolute pardon is granted after the term of imprisonment has expired. 35: EFFECTS OF BOND TO KEEP THE PEACE 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 the penalty is life imprisonment and after the service of 30 years. Reclusion perpetua 3. the pardon does not remove the accessory penalty of absolute perpetual disqualification Whether it can be conditional ART. may include offended party waiving civil indemnity and it should be done before the institution of the criminal prosecution and extended to both offenders. Parental rights 2.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Effects. fees Page 37 of 174 . ITS EFFECT NOTES: Pardon by the President does not restore the right to public office or suffrage except when both are expressly restored in the pardon. Right to manage property and to dispose of the same by acts inter vivos Civil Interdiction is an accessory penalty to the following principal penalties: 1. 36: PARDON. 23) Crimes against chastity under the RPC only Crime covered Effect on civil liability When granted To whom granted Cannot affect the civil liability ex delicto of the offender Only after conviction by final judgment Any or all of the accused May absolute conditional be or Does not extinguish criminal liability although it may constitute a bar to the prosecution of the offender Offended party can waive the civil liability Only before the institution of the criminal action In adultery and concubinage. Exceptions: 1.e. If death penalty is commuted to life imprisonment 2. Limitations to President’s power to pardon: o can be exercised only after final judgment o does not extend to cases of impeachment o does not extinguish civil liability – only criminal liability Extinguishment of criminal liability 2. Reclusion temporal *He can dispose of such property by will or donation mortis causa ART. PARDON BY THE CHIEF EXECUTIVE (ART.. Nor does it exempt one from civil liability or from payment of civil indemnity.Deprivation of the following rights: 1. a pardon is granted. ART. Bond to keep the peace or for good behavior is imposed as a penalty in threats. However. Marital authority 4. must include both offenders Cannot validly be made subject to a condition QuickTime™ and a in general terms GENERAL RULE: Pardon granted TIFF (Uncompressed) decompressor are needed to see this picture.
No costs are allowed against the Republic of the Philippines. if the offender has insufficient or no property. indemnities. 2 in the QuickTime™ and a order of payment. and in no case to continue for more than one year. The penalty imposed is higher than prisión correccional or 6 years. If the penalty imposed is prisión correccional or arresto and fine – subsidiary imprisonment is not to exceed 1/3 of the term of the sentence. which should be considered in determining whether or not . 5. Given that Juan only has P1000 worth of property not exempt from execution. In case of acquittal. in the following order: 1. 2. He incurred P500 worth of hospital bills and failed to earn P300 worth of salary. 2 and 4 of Art 38. indemnification and costs in par 1. as such is covered by “reparation of the damage caused. a convict who has nonexempt property enough to meet the fine cannot choose to serve the subsidiary penalty instead of payment of the fine. it shall first be applied to the payment of the watch and ring which cannot be returned. Ex. Juan inflicted serious physical injuries against Pedro and took the latter’s watch and ring. Indemnification of the consequential damages 3. RULES AS TO SUBSIDIARY PENALTY 1. Fine 4. WHERE NO SUBSIDIARY PENALTY SHALL BE IMPOSED: 1. no. the costs are de oficio.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 2. ART.” thus. 1 in the order of payment. Where the penalty imposed is a fine and another penalty without fixed duration. proceedings in the course of judicial subsidiary penalty should be imposed. no. like Page 38 of 174 ART. not the penalty provided for by the Code. Order of payment is mandatory. ORDER OF PAYMENT Pecuniary liabilities of persons criminally liable. It is covered by Arts. 3. 3. If the penalty imposed is not to be executed by confinement. It is only for fines. The payment of costs is fully discretionary on the Court. notwithstanding the fact that the convict suffered subsidiary personal liability therefor. Art 39 applies only when the convict has no property with which to meet the fine in par 3 of art 38. In case the financial circumstances of the convict should improve. and not to exceed 15 days – if prosecuted for light felony. but of fixed duration – subsidiary penalty shall consist in the same deprivations as those of the principal penalty. For non-payment of costs. it is the penalty actually imposed by the Court. Thus. Subsidiary imprisonment is not an accessory penalty. 38: PECUNIARY LIABILITIES. he shall pay the fine. For non-payment of reparation or indemnification. 2 and 3 above. Hence. each party bearing his own expense. The 500 and 300 are covered by “indemnification of the consequential damage. while subsidiary imprisonment must be expressly imposed. 1. 39: SUBSIDIARY PENALTY NOTES: When the penalty prescribed is imprisonment. 2. Fraction or part of a day. Costs of proceedings NOTES: It is applicable in case the properties of the offender are not sufficient for the payment of all his pecuniary liabilities. there is no use for Art 38. NOTE: Costs (expenses of the litigation) are chargeable to the accused in case of conviction. When the penalty imposed is higher than prisión correccional – no subsidiary imprisonment. not counted.” thus. 4. Accessory penalties are deemed imposed even when not mentioned. TIFF (Uncompressed) decompressor are needed to see this picture. 40-45 of this Code. When the penalty imposed is fine only – subsidiary imprisonment is: not to exceed 6 months – if the culprit is prosecuted for grave or less grave felony. and 4. The reparation of the damage caused 2. There is no subsidiary penalty for nonpayment of reparation. under the same rules as nos. until law provides the contrary.
suspension from public office. profession or calling b. 44: ARRESTO. 2. perpetual special disqualification from suffage (unless expressly remitted in the pardon) 4. 40: DEATH. The proceeds and instruments/tools of the crime are confiscated in favor of the government. although pardoned as to the principal penalties. RECLUSION PERPETUA Specific duration of 20 years and 1 day to 40 years and accessory penalties LIFE IMPRISONMENT no definite term or accessory penalties Section Three. For a prisoner who has been sentenced to one year of imprisonment or more for any crime. perpetual special disqualification QuickTime™ and a TIFF (Uncompressed) from suffrage decompressor if the duration of the are needed to see this picture. civil interdiction during 30 years (if not expressly remitted in the pardon) 2. Prision Mayor a. — Penalties in which other accessory penalties are inherent ART.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 censure. ITS ACCESSORY PENALTIES Outline Of Accessory Penalties Inherent In Principal Penalties 1. 41: RECLUSION PERPETUA AND RECLUSION TEMPORAL. if not executed because of commutation or pardon a. Death. The accessory penalties do not affect the jurisdiction of the court in which the information is filed because they do not modify or alter the nature of the penalty provided by law. 43: PRISION CORRECCIONAL. Reclusion Perpetua and Reclusion Temporal a. absolute pardon restores to him his political rights. Every penalty imposed carries with it the forfeiture of the proceeds of the crime and the instruments or tools used in the commission of the crime. Imposable on felonies punished by the RPC Imposable on crimes punishable by special laws ART. What determines jurisdiction in criminal cases is the principal penalty. 42: PRISION MAYOR. civil interdiction for life or during the sentence b. Prision Correccional a. ITS ACCESSORY PENALTIES ART. THEIR ACCESSORY PENALTIES ART. disqualification does not attach except if the crime done was against property. temporary absolute disqualification b. ITS ACCESSORY PENALTIES ART. rd 3. imprisonment exceeds 18 months (unless expressly remitted in the pardon) NOTES: The accessory penalties in Art 40-44 must be suffered by the offender. To be relieved of these penalties. No accessory penalty for destierro Persons who served out the penalty may not have the right to exercise the right of suffrage. 45: CONFISCATION AND FORFEITURE OF THE PROCEEDS OR INSTRUMENTS OF THE CRIME 1. ITS ACCESSORY PENALTIES ART. The property of 3 persons (not liable for the offense) is not subject to confiscation and Page 39 of 174 . perpetual absolute disqualification (unless expressly remitted in the pardon) 3. perpetual absolute disqualification b. The accessory penalties are understood to be always imposed upon the offender by the mere fact that the law fixes a certain penalty for the crime. If the penalty is less than one year. they must be expressly remitted in the pardon. The nature of the crime is immaterial when the penalty imposed is one year imprisonment or more.
ART. frustrated. Such properties have not been placed under the jurisdiction of the court 3. — Rules for the application of penalties to the persons criminally liable and for the graduation of the same. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. By degree a. When the order of forfeiture has already become final. amounting to an increase of the penalty already imposed. over age . 46: PENALTY TO BE IMPOSED UPON PRINCIPALS IN GENERAL GENERAL RULE: The penalty prescribed by law in general terms shall be imposed: 1. (minimum. it removes all bars to the review and correction of the penalty imposed by the court below. under age . The Graduation Of Penalties Refers To: 1. The instruments belong to innocent third parties 2. Instruments of the crime belonging to an innocent 3rd person may be recovered. There must be conviction by final judgment. medium. 47: IN WHAT CASES THE DEATH PENALTY SHALL NOT BE IMPOSED Death Penalty Not Imposed In The Following Cases: 1. By period a. thereby placing the accused in double jeopardy. accomplice. When it is legally or physically impossible.when the offender is under 18 yrs of age at the time of commission. tried and accused is convicted. In case the accused appeals. even if the accused is acquitted on reasonable doubt. the law fixes a distinct penalty for the principal in the frustrated or attempted felony. upon the principals 2. maximum) refers to the proper period of the penalty w/c should be imposed when aggravating or mitigating circumstances attend the commission of the crime ART. Confiscation & forfeiture are additional penalties.Because minority is always a mitigating circumstance 2. no court majority . But if the defendant appeals.when the person is more than 70 years old at time RTC sentenced him 3. However. the judgment of acquittal shall order their forfeiture for appropriate disposition. Chapter Four APPLICATION OF PENALTIES Section One. the articles which were forfeited can not be returned. Confiscation can be ordered only if the property is submitted in evidence or placed at the disposal of the court. but the instruments or proceeds are contraband. even if an increase thereof should be the result When Art. stages of execution (consummated. attempted) b. Whenever it is believed that the penalty lower by one or two degrees corresponding to said acts of execution is not proportionate to the wrong done. the subsequent confiscation & forfeiture of said goods would be an additional penalty. even in case of an acquittal. accessory) 2.when upon appeal or Page 40 of 174 . for consummated felony EXCEPTION: when the law fixes a penalty for the frustrated or attempted felony. Third person must be indicted to effect confiscation of his property. When the penalty imposed did not include the confiscation of the goods involved. Why? .Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 forfeiture. NOTES: There cannot be confiscation or forfeiture unless there’s a criminal case filed. 4. confiscation and forfeiture not ordered by the trial court may be imposed by the appellate court The government can not appeal the modification of a sentence if the defendant did not appeal. Property not subject of lawful commerce (whether it belongs to the accused or a 3rd person) shall be destroyed. degree of the criminal participation of the offender (principal. 45 cannot apply: 1.
(Gregorio does not agree with this. Robbery – with Homicide. For the attainment of a single purpose w/c constitutes an offense. killing one and injuring the other. the crime is simple murder. the law treats them as constituting only one. Destructive Arson 12. Violation of certain provisions of the Dangerous Drugs Act 14. Art 48 is applicable to crimes through negligence. w/o evidence how many each killed. the vote of eight members is not obtained for the imposition of death JUSTIFICATION FOR THE DEATH PENALTY: social defense and exemplarity. that only one single act is performed are needed to see this picture. Indispensable would mean it is an element of the crime.as there is only one criminal intent. the accused can be convicted of the other. 2 or more less grave felonies 2. Murder 6. Light felonies produced by the same act should be treated and punished as separate offenses. by different acts. when 2 persons are killed one after the other. by the offender b. Carnapping Requisites: 1. not only in themselves. Intentional Mutilation. Rape – with the use of a deadly weapon. but also because they are directed against 2 different persons. Kidnapping the victim to murder him in a secluded place – ransom wasn’t paid so victim was killed. Plunder 13.) When a complex crime is charged and one offense is not proven.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 automatic review of the case by the SC. Kidnapping and Serious Illegal Detention 8. although these 2 killings were the result of a single criminal impulse. various acts are executed. when the acts are wholly different. or may be absorbed by the grave felony. or Arson 9. that one or some of the offenses must be necessary to commit the other 3. complex crime proper – when an offense is a necessary means for committing another . such acts must be considered only as one offense. as when one fires his gun twice in succession. But where the victim was taken from his home but it was solely for the purpose of killing him and not for detaining him illegally or for the purpose of ransom. several accused simultaneously shot many persons. one or more grave and one or more less grave felonies iii. Page 41 of 174 ART. 2 or more grave felonies ii. there is only a single offense. “Necessary means” does not mean “indispensable means”. there being a single criminal impulse. Only one information need be filed. Rape.48: PENALTY FOR COMPLEX CRIMES COMPLEX CRIME – although there actually are two or more crimes. Not considered cruel and unusual because it does not involve torture or lingering death. 2 Kinds Of Complex Crimes: 1. Treason 2. Qualified Rape 11. Kidnapping was a necessary means to commit murder. that the single act produces i. The different acts must be considered as distinct crimes. compound crime – single act constitutes 2 or more grave or less grave felonies Requisites: QuickTime™ and a TIFF (Uncompressed) decompressor a. There is no complex crime of arson w/ homicide. Qualified Piracy 3. Parricide 5. or by two or more persons . Infanticide 7. that at least 2 offenses are committed 2.with Homicide 10. The crime can be committed by another mean. CRIMES PUNISHABLE BY DEATH UNDER THE DEATH PENALTY LAW (RA 7659) 1. 2. NOTES: When in obedience to an order.where the victim became insane . Qualified Bribery 4. that both or all the offenses must be punished under the same statute No Single Act In The Following Cases: 1.
Robbery with Homicide b. Kidnapping with Serious Physical Injuries e. complex) When 2 crimes produced by a single act are respectively within the exclusive jurisdiction of 2 courts of different jurisdiction. the same to be applied in its maximum period. 71. When two felonies constituting a complex crime are punishable by imprisonment and fine. In the order of severity of the penalties. robbery or other common crimes. only the penalty of imprisonment shall be imposed. A complex crime of the second form may be committed by two persons. the penalty for any one of them shall be imposed. the accused who committed the crime by reckless imprudence is liable for his acts QuickTime™ and a TIFF (Uncompressed) decompressor only. Formal or ideal crimes are further divided into three groups.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 The means actually employed (another crime) was merely to facilitate and insure the consummation of the crime. respectively. Formal or Ideal – only one criminal liability. But when one of the offenses. Robbery with Rape c. 48 is intended to favor the culprit. The penalty for complex crime is the penalty for the most serious crime. arson. Like rape. The same rule shall be observed when an offense is a necessary means to commit the other. the severity of the penalty for the more serious crime should not be judged by the classification of each of the penalties involved. If the different crimes resulting from one single act are punished w/ the same penalty. It is not a complex crime when trespass to dwelling is a direct means to commit a grave offense. There is NO COMPLEX CRIME in the following: 1. when the offender commits continued crimes 2. There is no complex crime of rebellion w/ murder. When the law provides one single penalty for special complex crime: a. arresto mayor and arresto menor are considered more severe than destierro and arresto menor is higher in degree than destierro. When the other crime is an indispensable part or an element of the other offenses as defined 4. But when the offender had to falsify a public or official document to obtain possession of the funds w/c he misappropriated. Kidnapping with Homicide PLURALITY OF CRIMES – consists in the successive execution by the same individual of different criminal acts upon any of which no conviction has yet been declared. was committed by one of the accused by reckless imprudence. Art. kidnapping w/ serious physical injuires c. there is no complex crime of trespass to dwelling with rape. Trespass will be considered as aggravating (unlawful entry or breaking part of a dwelling) When the offender had in his possession the funds w/c he misappropriated. and the penalty for one is imprisonment while that for the other is fine. (according to Ortega. Where one of the offenses is penalized by a special law 5. but by the nature of the penalties. as a means to commit the other. where a person committing multiple crimes is punished with only one penalty: a. Kinds Of Plurality Of Crimes: 1. When one offense is committed to conceal the other 3. the court of higher jurisdiction shall try the complex crime. the falsification is a necessary means to commit the malversation. 48 b. Page 42 of 174 . They are mere ingredients of the crime of rebellion – absorbed already. the falsification of a public or official document involving said funds is a separate offense. In case of continuing crimes 2. when the offender commits any of the complex crimes defined in Art. the offender shall be punished for each and every offense that he committed. In such cases. Reason: Fine is not included in the list of penalties in the order of severity and it is the last in the graduated scales in Art. When a single act constitutes two grave or less grave or one grave and another less grave. Real Or Material – there are different crimes in law as well as in the conscience of the offender. Rape with Homicide d. the same to be applied in the maximum period. are needed to see this picture. when the law specifically fixes a single penalty for 2 or more offenses committed: robbery w/ homicide.
In Par. the lower penalty shall be imposed in its maximum period. 3 the penalty for the attempted or frustrated crime shall be imposed in its maximum period. ART. There is only one crime because the different and successive appropriations are but the different moments during w/c one criminal resolution arises. 1 and 2. 3. Transitory crime is “moving crime”. 2. He commits only one crime because there is unity of thought in the criminal purpose of the offender. as the offender does not perform a single act but a series of acts. in view of the fact that the same act also constitutes an attempt or a frustration of another crime. no actual provision punishing continued crime – It is a principle applied in connection with 2 or more crimes committed with a single intention. Therefore: a. If the act committed also constitutes an attempt or frustration of another crime. the lower penalty in its maximum period is always imposed. In Art. 49: PENALTY TO BE IMPOSED UPON THE PRINCIPALS WHEN THE CRIME COMMITTED IS DIFFERENT FROM THAT INTENDED Page 43 of 174 . 49 also has no application where a more serious consequence not intended by the offender befalls the same person. Juan steals 2 books belonging to 2 different persons. Art. Ex of continued crimes: a. NOTE: A continued (continuous or continuing) crime is different from a transitory crime. This rule is not necessary and may well be covered by Art. the lower penalty shall be imposed in its maximum period. If the penalty for the felony committed be higher than the penalty for the offense which the accused intended to commit. 49 is applicable only in cases when there is a mistake in identity of the victim of the crime (error in personae) and the penalty for the crime committed is different from that for the crime intended to be committed. REAL/MATERIAL PLURALITY There is a series of acts performed by the offender CONTINUED CRIME Same Each act performed constitutes Different acts constitute QuickTime™ and a TIFF (Uncompressed) decompressor are needed toonly see this picture. 49 has reference to the provision in the st 1 par of Art . If the penalty for the felony committed be lower than the penalty for the offense which the accused intended to commit.” Art. b. a separate crime because one crime because each act is generated by a all of the acts performed criminal impulse arise from one criminal resolution. the penalty for the attempted or frustrated crime shall be imposed in its maximum period. A collector of a commercial firm misappropriates for his personal use several amounts collected by him from different persons. Although there is a series of acts.4 which provides that criminal liability shall be incurred “by any person committing a felony although the wrongful act done be different from that which he intended. pars.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ART 49 Lesser penalty to be imposed in its maximum period ART 48 Penalty for the more serious crime shall be imposed in its maximum period PLURALITY OF CRIMES No conviction of the crimes committed RECIDIVISM There must be conviction by final judgment of the first prior offense CONTINUED CRIME – refers to a single crime consisting of a series of acts but all arising from one criminal resolution. 49. there is only one crime committed. 48. NOTE: A continued crime is not a complex crime. so only one penalty shall be imposed. penalty not to be imposed in the maximum b. NOTES: Art. and the law prescribes a higher penalty for either of the latter. RULES: 1.
Absolute Perpetual Disqualification. 55 and 57 do not apply if the felony is light because accessories are not liable for the same. ART. 55: Penalty to be imposed upon accessories of a frustrated crime Art. kidnapping) Degree – one whole penalty. 71 Period – one of 3 equal portions. min/med/max of a divisible penalty. Additional Penalties for Public Officers who are accessories: 1. 50: Penalty to be imposed upon principals of a frustrated crime Art. 56: Penalty to be imposed upon accomplices in an attempted crime Art. one entire penalty or one unit of the penalties enumerated in the graduated scales provided for in Art. if the principal offender is guilty of less grave felony Principal Accomplice Accessory Penalty imposed by law 1 less 2 less 1 less 2 less 3 less 2 less 3 less 4 less NOTES: Art. Absolute temporary disqualification.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Art. if the principal offender is guilty of a grave felony 2. 58: ADDITIONAL PENALTY TO BE IMPOSED UPON CERTAIN ACCESSORIES NOTE: Art. 50-57 are not applicable when the law specifically prescribes the penalty for the frustrated and attempted felony or that to be imposed upon the accomplices and accessories. 51: Penalty to be imposed upon principals of attempted crimes Art. is in itself a are needed to see this picture. medium. after considering the presence or absence of aggravating circumstances May refer to both divisible and indivisible penalties Refers only divisible penalties to APPLICATION OF ARTICLE 50 TO 57 Participation Consummated Frustrated Attempted NOTE: The rules provided in Arts. flight to enemy country. degree. 53. and minimum. 53: Penalty to be imposed upon accessories to the commission of a consummated felony Art. 54: Penalty to imposed upon accomplices in a frustrated crime Art. It is further limited to those whose participation in the crime is characterized by the misuse of public office or authority. Art. (examples: qualified seduction. 59: PENALTY TO BE IMPOSED IN CASE OF FAILURE TO COMMIT THE CRIME BECAUSE THE MEANS EMPLOYED OR THE AIMS SOUGHT ARE IMPOSSIBLE NOTES: Basis for the imposition of proper penalty in impossible crimes: social danger and degree of criminality shown by the offender The penalty for impossible crime is arresto mayor (imprisonment of 1 month and 1 day to 6 months) or fine ranging from 200-500 pesos. 52: Penalty to be imposed upon accomplices in consummated crime Art. A period of a divisible penalty when prescribed by the QuickTime™ and a (Uncompressed) Code as aTIFF penalty for decompressor a felony. 57: Penalty to be imposed upon accessories of an attempted crime Distinctions between Degree and Period Degree Refers to the penalty imposable for a felony committed considering the stages of execution and the degree of participation of the offender Period Refers to the duration of the penalty consisting of the maximum. 58 is limited only to grave and less grave felonies since it is not possible to have accessories liable for light felonies. 59 is limited to grave and less grave Page 44 of 174 . ART.
Arresto Menor 6. Rules 4 and 5: 1. one who furnished the place for the perpetration of the crime of slight illegal detention NOTE: Accessory punished as principal: Art 142 – punishes an accessory for knowingly concealing certain evil practices RULES TO BE OBSERVED IN LOWERING THE PENALTY BY ONE OR TWO DEGREES Rule No. 2. the penalty next lower is that consisting in the three periods down the scale 2. curators. It is only after the penalty next lower in degree is already determined that the mitigating and aggravating circumstances should be Page 45 of 174 rd Cases where penalty imposed on accessories are one degree lower instead of two degrees: 1. if the penalty prescribed in the Code consists of two periods. or when the penalty is divisible and there are two or more mitigating circumstances and there are no aggravating circumstances. Destierro 5. or 2. the penalty next lower is the next period down in the scale NOTE: Mitigating and Aggravating circumstances are first disregarded in the application of the rules for graduating penalties. 60: EXCEPTION TO THE RULES ESTABLISHED IN ARTICLES 50 TO 57 Two cases where the accomplice is punished with the same penalty imposed upon the principal: 1. guardians. teachers and any person who. GRADUATED SCALE IN ART. However. 3: when the penalty is composed of 1 or 2 indivisible penalties and the maximum period of a divisible penalty Ex.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 felonies. by abuse of authority or confidential relationship. The point of reference will be on the proper divisible penalty which is RT. when the penalty is composed of two indivisible penalties. if the penalty prescribed in the Code consists of three periods corresponding to different divisible penalties. Reclusion Perpetua . Arresto Mayor 4. Prision Correcional 3. use of a falsified document 4. Reclusion Temporal 2. white slave trade or abduction. minimum) 1. 2: 1. Rule No. illegal possession and use of false treasury or bank note 3. ascendants. 1: when the penalty is single and indivisible (ex. the penalty next lower is that consisting in two periods down the scale 3. 61: RULES FOR GRADUATING PENALTIES The rules provided in this Article should also apply in determining the minimum of the Indeterminate Sentence Law (ISL). the penalty next lower to RT is composed of the medium and minimum periods of RT and the max of prision mayor. if the penalty prescribed in the Code consists in only one period. corruption of minors. when the penalty is composed of one or more divisible penalties to be imposed to their full extent the penalty next lower in degree shall be that immediately following the lesser of the penalties prescribed Rule No. 71 Indivisible Penalties: 1. use of a falsified dispatch ART. shall cooperate as accomplices in the crimes of rape. RP). considering Article 4. this article is actually limited to offenses against persons or property. Under the 3 rule. seduction. ART. Public Censure 7. the penalty next lower shall be reclusion temporal. It also applies in lowering the and by a penalty by one or two QuickTime™ degrees reason of the TIFF (Uncompressed) decompressor are neededmitigating to see this picture. Fine medium. knowingly using counterfeited seal or forged signature or stamp of the President of the Republic 2. Divisible Penalties: (maximum. penalty for murder is reclusion temporal to death. Death 2. acts of lasciviousness. presence of the privileged circumstance.
Robbery 3. or after serving sentence for the second offense. he again committed. and. increases penalty to maximum REQUISITES Of Habitual Delinquency: 1. robbery. o HABITUAL DELINQUENCY Crimes to be committed are specified W/ in 10 years Must be found guilty 3rd time or oftener Additional penalty is imposed RECIDIVISM Same title Par. Serious or less serious physical injuries is found guilty of any of the said crimes a third time or oftener. they are included by law in the definition of a crime Par. but also of imposing an additional penalty. 5: Habitual Delinquent is a person who within the period of 10 years from the date of his (last) release or last conviction of the crimes of: 1. o Mitigating circumstances have the effect of diminishing the penalty. from the moral attributes of the offender 2. Ten year period to be computed from the time of last release or conviction Subsequent crime must be committed after conviction of the former crime. he again committed. by “means of fire” – arson 2. within 10 years from his last release or last conviction. 62: EFFECT OF THE ATTENDANCE OF MITIGATING OR AGGRAVATING CIRCUMSTANCES AND OF HABITUAL DELINQUENCY Habitual delinquency has the effect. without however exceeding the maximum period provided by law. Theft 5. he was again convicted of any of the said crimes for the second time 3. The law on habitual delinquency does not contemplate the exclusion from the computation of prior conviction those falling outside the 10-year period immediately preceding the crime for which the defendant is being tried.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 considered. TIFF (Uncompressed) decompressor NOTES: are needed to see this picture. Ex. Falsification 2. within 10 years from his last release of first conviction. Estafa 4. 2: Same rules apply when the aggravating circumstance is inherent in the crime Par. theft. and. that after his conviction of. ART. Effects of the circumstances: o Aggravating circumstances (generic and specific) have the effect of increasing the penalty. that after conviction or after serving his sentence. that the offender had been convicted of any of the crimes of serious or less serious physical injuries. 1: Aggravating circumstances are not to be taken into account when: 1. QuickTime™ and a No time fixed by law Second conviction Is not offset by MC. from any other personal cause Par. means employed to accomplish the crime Par. the third time or oftener Rulings on Habitual Delinquency: 1. 3: Aggravating or mitigating circumstances arising from any of the following affect only those to whom such circumstances are attendant: 1. 2. not only of increasing the penalty because of recidivism which is generally implied in habitual delinquency. Ten-year period is counted not from the date of commission of the subsequent offense but from the date of conviction thereof in relation Page 46 of 174 . from his private relations w/ the offended party 3. estafa or falsification 2. Cases still pending are not to be taken into consideration. he was again convicted of any of said offenses. material execution of the act 2. they themselves constitute a crime. 4: the circumstances which consist of the following shall serve to aggravate and mitigate the liability only of those who had knowledge of them at the time of the commission of the offense 1.
6. he is not a habitual delinquent. 15. The additional penalty must be imposed in its minimum. (Reyes) commits a consummated crime. The imposition of such additional penalties are mandatory. GENERAL RULE: When the penalty is composed of 2 indivisible penalties. QuickTime™ and a TIFF (Uncompressed) decompressor The imposition of the additional penalties on are needed to see this picture. 9. No aggravating and no mitigating circumstances – medium period 2. Penalty composed of two indivisible penalties a. Some mitigating circumstances present and no aggravating – lower penalty d. Commissions of those crimes need not be consummated.. 12. Penalty is single and indivisible – applied regardless of the presence of aggravating and mitigating circumstances 2. An offender can be a habitual delinquent without being a recidivist.4: the moral value rather than the numerical weight shall be taken into account. 11. When an offender has committed several crimes mentioned in the definition of habitual delinquent. habitual delinquents are constitutional. 14. In imposing the additional penalty. weeks. Par. Habitual delinquency is not a crime. Convictions on the same day or at about the same time are considered as one only (days. Crimes committed on the same date. 64: RULES FOR THE APPLICATION OF PENALTIES WHICH CONTAIN THREE PERIODS Rules For The Application Of Divisible Penalties: 1. when no two of the crimes committed are embraced in the same title of the Code. Habitual delinquency applies at any stage of the execution because subjectively. Habitual delinquency 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. the penalty cannot be lowered by one degree. recidivism is not aggravating. Habitual delinquency applies to accomplice and accessories. One mitigating circumstance present – lower penalty c. One aggravating circumstance present – higher penalty b. One mitigating circumstance – minimum period 3. 8. Previous convictions are considered every time a new offense is committed. 3. Imposition of additional penalty is mandatory and constitutional. A crime committed during the minority of the offender is not counted because proceedings as regards that crime are suspended. it is simply a punishment on future crimes on account of the criminal propensities of the accused. It is simply a fact or circumstance which if present gives rise to the imposition of additional penalty. A habitual delinquent is necessarily a recidivist. Mitigating and Aggravating Circumstances are present – basis in number and importance NOTES: Art 63 applies only when the penalty prescribed by the Code is either one indivisible penalty or 2 indivisible penalties. no matter how many mitigating circumstances are present EXCEPTION: In cases of privileged mitigating circumstances 13. 63: RULES FOR THE APPLICATION OF INDIVISIBLE PENALTIES Rules for the application of indivisible penalties: 1. Penalty for habitual delinquency is a real penalty that determines jurisdiction.). Modifying circumstances are applicable to additional penalty. the offender reveals the same degree of depravity or perversity as the one who ART. 16.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 to the date of his last release or last conviction. 10. One aggravating circumstance – maximum period 4. without being first convicted of any of them before committing the others. 5. ART. although convictions on different dates are considered as one. NOTES: In no case shall the total penalties imposed upon the offender exceed 30 years. 4. 7. Mitigating and aggravating circumstance offset each other and according to relative Page 47 of 174 .
6 years (minimum of the minimum) + 2 years (difference) ------------------------------------------8 years (maximum of the minimum). 65: RULE IN CASES IN WHICH THE PENALTY IS NOT COMPOSED OF THREE PERIODS Computations: Example: Prision Mayor (6 years. 1 day to 12 years) 1. 64 not applicable when the penalty is indivisible or prescribed by special law or a fine Cases where the attending aggravating or mitigating circumstances are not considered in the imposition of penalties: Penalty that is single and indivisible Felonies through negligence Where the penalty is only a fine imposed by an ordinance (subject to discretion of court – see Article 66) Penalty is prescribed by a special law ART. maximum period of prision mayor = 10 years 1 day to 12 years *Computation above is applicable to all others except to arresto mayor. add the 8 months. Add the 8 months and this Page 48 of 174 . 2 years / 3 = 8 months 3. 6 years / 3 = 2 years 3. Then add 2 years to the minimum of the medium (disregarding the 1 day) to get the maximum of the medium period. not qualifying or inherent. the court has discretion to impose the penalty within the limits fixed by law Art. The aggravating circumstances must be generic or specific. 64 applies when the penalty has 3 periods because they are divisible. 8 years – 6 years = 2 years 2. If the penalty is composed of 3 different penalties. 77 Par. Divide the difference by 3. Therefore. Subtract minimum from the maximum. Use the minimum of the given example as the minimum period. not privileged. Use the maximum of the minimum period as the minimum of the medium period and add 1 day to distinguish from the minimum period. 6 years + 8 months = 6 years and 8 months Therefore. 4: the mitigating circumstances must be ordinary. minimum of prision mayor minimum = 6 years 1 day to 6 years 8 months 4. 2 or more mitigating without any aggravating circumstance – one degree lower NOTES: Art. Add 1 day to distinguish it from the maximum of the minimum. the 2 years (disregarding the 1 day) to the minimum to get the maximum of the minimum period. subtract the minimum (disregard 1 day) from the maximum 12 years – 6 years = 6 years 2. use the maximum of the medium period as the minimum of the maximum pd. Then add 2 years to the minimum of the maximum pd (disregarding the 1 day) to get the maximum of the maximum period) 10 years (maximum of the medium) + 2 years (difference) ---------------------------------------------12 years (maximum of the maximum) Therefore.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 weight 5. Use the maximum of the minimum as the minimum of the medium period. 8 years (minimum of the medium) + 2 years (difference) ------------------------------------------10 years (maximum of the medium) Therefore. and add 1 day to distinguish it from the maximum of the medium period. medium period of prision mayor = 8 years 1 day to 10 years 5. Divide the difference by 3. each forms a period according to Art. Then add are needed to see this picture. minimum period of prision mayor = 6 years 1 day to 8 years 4. Then to get to get the maximum of the minimum. Example: Prision Mayor minimum (6 years 1 day to 8 years) only 1. Use the minimum (6 years and 1 day) as the QuickTime™ and a TIFF (Uncompressed) decompressor minimum of the minimum period.
Art. 2. 12. under 15 but over 9 and has acted w/ discretion: 2 degrees lower 3. the magnitude of its effects on the offender’s victims. injury was caused by mere accident 4. 68 applies to such minor if his application for suspension of sentence is disapproved or if while in the reformatory institution he becomes incorrigible. the penalty being divisible. then the following penalties shall be imposed: 1. in which case he shall be returned to the court for the imposition of the proper penalty. The court can fix any amount of the fine within the limits established by law. 11 and 12 are present. 4 months. Subsidiary imprisonment: This shall be excluded in computing for the maximum duration. 67: PENALTY TO BE IMPOSED WHEN NOT ALL THE REQUISITES OF EXEMPTION OF THE FOURTH CIRCUMSTANCE OF ARTICLE 12 ARE PRESENT QuickTime™ and a TIFF (Uncompressed) decompressor are needed see this picture. provided it does not exceed the amount authorized by law. 69: PENALTY TO BE IMPOSED WHEN THE CRIME COMMITTED IS NOT WHOLLY EXCUSABLE NOTE: Penalty to be imposed when the crime committed is not wholly excusable:1 or 2 degrees lower if the majority of the conditions for justification or exemption in the cases provided in Arts. ART. par. Maximum duration: shall not exceed 40 yrs 3. 70: SUCCESSIVE SERVICE OF SENTENCE ART. to 4: 1. 66: IMPOSITION OF FINES 1. Requisites of Art. months + 8 months = 8 years Therefore. 8 months 1 day to 7 years.No Page 49 of 174 NOTE: If these conditions are not all present. Material accumulation system . 4 months 5. * The three-fold rule shall apply only when the convict is to serve 4 or more sentences successively. 68: PENALTY TO BE IMPOSED UPON A PERSON UNDER EIGHTEEN YEARS OF AGE NOTE: Art. the heinousness of its perpetration c. ART. the gravity of the crime committed b. no fault or intention to cause injury NOTES: The Three-Fold Rule 1. grave felony – arresto mayor max to prision correcional minimum . Different Systems Of Penalty (Relative To The Execution Of Two Or More Penalties Imposed The Same Accused) 1. 1 day to 8 years 2. 2. The following may also be considered by the court: a.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 becomes the maximum of the medium 6 years 8 months + 8 months = 7 years 4 months Therefore. NOTE: When the minimum of the fine is not fixed. If the act is attended by two or more mitigating circumstances and no aggravating circumstance. the court shall have the discretion. less grave felony – arresto mayor min to arresto mayor medium ART. mitigating and aggravating circumstances b. Use the maximum of the medium as the minimum period of the maximum period and add 1 day to distinguish. 68 provides for 2 privileged mitigating circumstances: 1. under 18 but over 15: 1 degree lower ART. the medium period of prision mayor minimum = 6 years. a minor over 15 but under 18 may still get a penalty two degrees lower. maximum of prision mayor = 7 years. the wealth and means of the culprit 3. Maximum duration of the convict’s sentence: 3 times the most severe penalty imposed 2. act causing the injury must be lawful 2. act performed w/ due care 3. Add the 8 months to get the maximum of this maximum 7 years 4. more particularly. Court must consider the following in imposing the fines: a.
The payment of civil of pecuniary liabilities shall not be suspended. To get the lower degree: 1. the sentence is executed unless it has prescribed. as it is not considered an accessory penalty. 71: GRADUATED SCALES ART. suspend the sentence regarding the personal penalties. If he recovers. ART. After final sentence. the subsidiary imprisonment must be expressly stated in the decision. Absorption system . 2. there shall be a minimum. and accordingly. 74: PENALTY HIGHER THAN RECLUSION PERPETUA IN CERTAIN CASES NOTE: If the decision or law says higher than QuickTime™ and a reclusion perpetua TIFF or (Uncompressed) 2 degrees higher than reclusion decompressor are needed to see this picture. There could be no subsidiary liability if it was not expressly ordered in the judgment.The lesser penalties are absorbed by the graver penalties. a medium and a maximum. 72: PREFERENCE IN THE PAYMENT OF THE CIVIL LIABILITIES NOTE: The penalties shall be satisfied according to the chronological order of the dates of the final judgment. and not death. Death must be designated by name.Limited to not more than three-fold the length of time corresponding to the most severe and in no case to exceed 40 years. 77: WHEN THE PENALTY IS A COMPLEX ONE COMPOSED OF THREE DISTINCT PENALTIES NOTE: If there are 3 distinct penalties. Ex: the penalty for crime X is 2 degrees lower than RP. — General Provisions Section Three. Min: the same ART. Max: reduce by one-fourth 2.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 limitation whatsoever. 76: LEGAL PERIOD OF DURATION OF DIVISIBLE PENALTIES ART. — Provisions common in the last two preceding sections ART. The penalty imposed is prision mayor. 3. 2. However. for the other penalties. all the penalties for all the violations were imposed even if they reached beyond the natural span of human life. (Art. 75: INCREASING OR REDUCING THE PENALTY OF FINE BY ONE OR MORE DEGREES Page 50 of 174 . 79: SUSPENSION OF THE EXECUTION AND SERVICE OF THE PENALTIES IN CASE OF INSANITY Cases of insanity: 1. ART. 73: PRESUMPTION IN REGARD TO THE IMPOSITION OF ACCESSORY PENALTIES NOTE: Accessory penalties are deemed imposed with the principal penalty. ART. However. Judgment is final if the accused has not appealed within 15 days or he has expressly waived in writing that he will not appeal. this does not apply. This is followed in our jurisdiction. Juridical accumulation system . temporal. Ex: Reclusion temporal max to death ART. then the penalty imposed is reclusion perpetua or reclusion temporal as the case may be. ART. 70) Chapter Five EXECUTION AND SERVICE OF PENALTIES Section One. 78: WHEN AND HOW A PENALTY IS TO BE EXECUTED NOTES: Only a penalty by final judgment can be executed. 3.
escaped from confinement. Such release will not be incompatible with the welfare of society. the STARTING POINT for determining the minimum term of the indeterminate penalty is the penalty next lower than that prescribed by the Code for the offense. ENTITLEMENT TO FINAL RELEASE AND DISCHARGE If during the period of surveillance such paroled prisoner shall: (a) show himself to be a law abiding citizen and. considering the aggravating and mitigating circumstances. Whenever a prisoner has: (a) served the MINIMUM penalty imposed on him. 2. sedition or espionage 4. IF THE PENALTY IS IMPOSED BY THE RPC: 1. provided that: 1. The aggravating and mitigating circumstances are not considered unless the special law adopts the same terminology for penalties as those used in the RPC (such as reclusión perpetua and the like). to the following persons: 1. piracy 5. (b) shall not violate any law. Courts are given discretion in the imposition of the indeterminate penalty. or evaded . the Board may issue a final certification in his favor. it is anything within the inclusive range of the prescribed penalty. sentenced to death penalty or life imprisonment 2. after he shall have served the minimum penalty imposed on him. The Minimum Term – must not be less than the minimum term prescribed by the same.It applies to both violations of Revised Penal Code and special laws. and is based on the penalty actually imposed. rebellion. but violated the terms thereof 8. BUT when there is a privileged mitigating circumstance.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 INDETERMINATE SENTENCE LAW Act No. SANCTION FOR VIOLATION OF CONDITIONS OF THE PAROLE When the paroled prisoner shall violate any of the conditions of his parole: (a) the Board may issue an order for his arrest. For SPECIAL LAWS. habitual delinquents 6. granted with conditional pardon by the President. 4103 as amended by Act No. misprision of treason. Such prisoner is fitted by his training for release. or conspiracy or proposal to commit treason 3. because they are the basis for the following: 1. WHEN BENEFIT OF THE ISL IS NOT APPLICABLE: QuickTime™ and a The Indeterminate Sentence shall not apply TIFF (Uncompressed)Law decompressor are needed to see this picture. and (b) is fit for release of the prisoner on parole. But when the paroled prisoner violates any of the conditions of his parole during the period of surveillance. There is reasonable probability that he will live and remain at liberty without violating the law. maximum term of imprisonment does not exceed 1 year 9. 3. upon terms and conditions prescribed by the Board. he may be rearrested to serve the remaining unexpired portion of the MAXIMUM sentence. The Maximum Term – is that which could be properly imposed under the RPC. so that the penalty has to be lowered by one degree. (b) the prisoner shall serve the remaining unexpired portion of the maximum sentence for which he was originally committed to prison. 2. 2. Even if a prisoner has already served the MINIMUM. The MinimumTerm – is within the range of the penalty one degree lower than that prescribed by the RPC. Page 51 of 174 . and thereafter. 2. Indeterminate sentence is mandatory where imprisonment would exceed one year. for his final release and discharge. sentenced to the penalty of destierro or suspension only RELEASE OF THE PRISONER ON PAROLE The Board of Pardons and Parole may authorize the release of a prisoner on parole. he shall continue to serve until the end of the MAXIMUM term. 3. but he is not fitted for release on the parole. without considering the circumstances. REASONS FOR FIXING THE MAXIMUM AND MINIMUM TERMS IN THE INDETERMINATE SENTENCE The minimum and maximum terms in the IS must be fixed. IF THE PENALTY IS IMPOSED BY SPECIAL PENAL LAW 1. treason. The Maximum Term – must not exceed the maximum term fixed by said law. 4225 sentence 7.
AS AMENDED) PROBATION . upon application by the defendant within the period for perfecting an appeal. penalties for the parent or guardian: Fine not exceeding P500 and/or imprisonment not exceeding 2 years 1. the court shall suspend all further proceedings if. in which case he shall be proceeded against in accordance with Article 192. and place the defendant on probation. The same shall be done for a child over nine years and under fifteen years of age at the time of the commission of the offense. 13. or (3) when his continued stay in the training institution would be inadvisable. based on good conduct as provided in Art. If the court finds that the youthful offender committed the crime charged against him. or b. if the conditions mentioned are not met. 7. the trial court may suspend the execution of the sentence. the court shall determine whethera. 11. A youthful offender held for examination or trial who cannot furnish bail will be committed to the DSWD/local rehabilitation center or detention home. 3. To pronounce the judgment of conviction. (1) has been found incorrigible. In the latter case. A child nine years of age or under at the time of the commission of the offense shall be exempt from criminal liability and shall be committed to the care of his or her father or mother. PROBATION LAW OF 1976 (PD 968. those convicted for an offense by the military tribunals 6. the convicted offender may apply for probation. To dismiss the case. those convicted of death or life imprisonment c. unless he acted with discernment. 3. 4. After having convicted and sentenced a defendant. the youthful offender shall be credited in the service of his sentence with the full time spent in actual commitment and detention. When the youthful offender has reached the age of twenty one while in commitment. The youthful offender shall be returned to the QuickTime™ and a judgment. No application for probation shall be entertained or granted if the defendant has Page 52 of 174 . the youthfulareoffender. if the youthful 8. upon application of the youthful offender. those who previously enjoyed a suspension of sentence b.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ART. or nearest relative or family friend in the discretion of the court and subject to its supervision. The records of the proceeding shall be privileged and shall not be disclosed. 80: SUSPENSION OF SENTENCE OF MINOR DELINQUENTS (AS REPEALED BY PD 603: CHILD AND YOUTH WELFARE CODE) offender has behaved properly and has shown his capability to be a useful member of the community. 9. In any case. Probation may be granted whether the sentence imposed a term of imprisonment or fine only. The parent or guardian of the child is liable when he aids. A minor who is ALREADY AN ADULT at the time of his conviction is not entitled to a suspension of sentence. The final release of a youthful offender. The civil liability of the youthful offender may be voluntarily assumed by a relative or a friend. Youthful offender – over 9 but under 18 at time of the commission of the offense 2. but it may not pronounce judgment of conviction. 2. EXCEPTIONS to suspension of sentence a. Instead. it finds that the best interest of the public and that of the offender will be served thereby. 5. promoting or contributing to the child’s being a juvenile delinquent. 12. 196 shall not obliterate his civil liability for damages. 10. when court for pronouncement of TIFF (Uncompressed) decompressor needed to see this picture.a disposition under which a defendant after conviction and sentence is released subject to conditions imposed by the court and to the supervision of a probation officer RULES ON GRANT OF PROBATION 1. it shall determine the imposable penalty and the civil liability chargeable against him. or (2) has willfully failed to comply with the conditions of his rehabilitation programs. abets or connives for the commission of the crime or does an act producing.
the court may: a. 9. all civil rights lost or suspended are restored c. the court may are needed to see this picture. 3. CRITERIA FOR grant of probation: a. Accessory penalties are deemed suspended once probation is granted. or b. probation shall not exceed 2 years. order the final discharge of the probationer. continue his probation and modify its conditions The court order shall not be subject to appeal. There shall be a prior investigation by the probation officer and a determination by the court. 2. The convict is not immediately placed on probation. There is undue risk of committing another crime. Discretionary or special – additional conditions which the court may additionally impose for the probationer’s correction and rehabilitation outside prison. — Execution of principal penalties NOTE: Designate a working day. at such place as may be specified in the order. There must be an order issued by the court discharging the probationer. 7. 5. When the penalty is a fine only and the offender is made to serve subsidiary imprisonment.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 perfected an appeal. mental. At any time during probation. the probation is cancelled a. Already placed on probation once There are two kinds of conditions imposed upon the offender under probation: 1. 6. Duration of Probation Period: 1. and thus make him serve the sentence originally imposed. He should report to the probation officer at least once a month. case is deemed terminated b. b. Sentenced to serve a maximum term of imprisonment of more the 6 years 2. This shall have the following effects: a. Probation is not coterminous with its period. and physical condition of the offender b. The order granting or denying probation shall not be appealable. Filing of application for probation operates as a waiver of the right to appeal. as long as the probationer’s Constitutional rights are not jeopardized. The offender is in need of correctional treatment that can be provided effectively by his commitment to an institution. Convicted of subversion or any crime against the national security or the public order 3. environment. The offender under probation must present himself to the probation officer designated to undertake his supervision. 2. If violation is established. antecedents. The enumeration is not exclusive. 8. the court may issue a warrant for the arrest of a probationer for any serious violation of the conditions of probation. Previously convicted by final judgment of an offense punished by imprisonment of not less than 1 month and 1 day and/or a fine not less than P200 4. if the term of imprisonment is more than one year. 82: NOTIFICATION AND EXECUTION OF THE SENTENCE AND ASSISTANCE TO THE CULPRIT Section Two. probation shall be twice the total number of days of subsidiary imprisonment. 4. 10. ART. Available institutional and community resources. Mandatory or general – once violated. b. revoke his probation. which shall not be communicated to the offender before the sunrise of Page 53 of 174 . c. offender’s liability for any fine imposed is discharged WHO ARE DISQUALIFIED FROM THE BENEFITS OF PROBATION: 1. Probation will depreciate the seriousness of the offense committed. All information relative to the character. within 72 hours from receipt of order. 81: WHEN AND HOW THE DEATH PENALTY IS TO BE EXECUTED ART. 11. Probation is to be denied upon finding of the court that: a. period shall not exceed 6 years. Upon finding that he has fulfilled the terms and QuickTime™ and a decompressor conditions TIFF of (Uncompressed) his probation. If the term of imprisonment is not more than one year.
place designated. convict who becomes insane after final sentence of death has been pronounced ART. 2. In the municipal jail 2. It wipes all traces and vestiges of the crime but does not extinguish civil liability. In the house of the offender. woman. death or serious physical injuries is caused or are inflicted under exceptional circumstance 2. BY DEATH Title Four EXTINCTION OF CRIMINAL LIABILITY Chapter One TOTAL EXTINCTION OF CRIMINAL LIABILITY Destierro Shall Be Imposed In The Following Cases: 1. woman. after delivery 3. concubine’s penalty for the crime of concubinage 4. RECLUSION TEMPORAL. 2. PRISION MAYOR. within 1 year. which shall not be more QuickTime™ and a than 250 and not less decompressor than 25 km from the TIFF (Uncompressed) are needed to see this picture. he commits evasion of sentence. 86: RECLUSION PERPETUA. 85: PROVISIONS RELATIVE TO THE CORPSE OF THE PERSON EXECUTED AND ITS BURIAL ART. If the convict enters the prohibited area. BY AMNESTY Amnesty – is an act of the sovereign power granting oblivion or general pardon. person over 70 years of age 4. But the reason is not satisfactory just because the offender is a respectable member of the community. 1.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 said day. The death of the offended party however does not extinguish criminal liability of the accused because it is a crime against the state. hence extinguished upon payment. Pecuniary penalty is extinguished only when death occurs before final judgment. Page 54 of 174 . PAR. surveillance of an officer of the law whenever the court so provides in the decision due to the health of the offender. ART. 3. 83: SUSPENSION OF THE EXECUTION OF THE DEATH SENTENCE Death sentence commuted to RP: 1. ART. Convict shall not be permitted to enter the place designated in the sentence nor within the radius specified. The execution shall not take place until after the expiration of at least 8 hours following such notification. BY SERVICE OF SENTENCE NOTES: Crime is a debt. 84: PLACE OF EXECUTION AND PERSONS WHO MAY WITNESS THE SAME ART. 87: DESTIERRO NOTES: Extinguishment of criminal liability is a ground for motion to quash. 88: ARRESTO MENOR NOTE: Served where: 1. Service does not extinguish civil liability. ART. Criminal liability whether before or after final judgment is extinguished upon death because it is a personal penalty. PRISION CORRECCIONAL AND ARRESTO MAYOR ART. 89: HOW CRIMINAL LIABILITY IS TOTALLY EXTINGUISHED PAR. while pregnant 2. person fails to give bond for good behavior 3. lowering the penalty by degrees Execution of Destierro: 1. but under the PAR.
Page 55 of 174 . which exempts the individual from the punishment the law inflicts for the crime. 6. PRESCRIPTIVE PERIODS OF PENALTIES: 1. it prescribes in 10 years. Light offenses – 2 months When the penalty is a compound one. Death and reclusión perpetua – 20 years 2. Crime of libel – 1 year 3. deed – 6 months 4. 90: PRESCRIPTION OF CRIME NOTES: In computing for the period. When the last day of the prescriptive period falls on a Sunday or a legal holiday. the first day is excluded and the last day included. 4. Correctional penalties – 10 years. Courts should take judicial notice Must be pleaded and proved PAR. rape 2. For afflictive penalties.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 PAR. except for the penalty of arresto mayor which prescribes in 5 years 4. Light penalties – 1 year Exercised when one is convicted Looks backward and abolishes the offense itself Looks forward and relieves the offender of the consequences Same A private act of the President Does not extinguish civil liability A public act that needs the declaration of the President with the concurrence of Congress PAR. Period is subject to leap years. Offenses of oral defamation and slander by QuickTime™ and a ART. Crimes punishable by: a. BY PRESCRIPTION OF CRIME Prescription of a crime – is the loss/forfeiture of the right of the state to prosecute the offender after the lapse of a certain time. 6. except those punishable by arresto mayor which shall prescribe in 5 years 2. d. 1. period is 15 years. abduction 4. There must be final judgment. acts of lasciviousness The marriage must be contracted in good faith. the highest penalty shall be made the basis of the application of above rules. basis will be the highest penalty. 344) NOTE: Crimes covered: 1. BY MARRIAGE OF THE OFFENDED WOMAN (ART. afflictive penalties – 15 years c. 5. reclusión perpetua or reclusión temporal – 20 years b. If it is a compound penalty. The period must have elapsed. seduction 3. Other afflictive penalties – 15 years 3. PAR. BY PRESCRIPTION OF PENALTY AMNESTY Extended to classes of persons who may be guilty of political offenses Exercised even before trial or investigation PARDON Exercised individually by the President NOTE: means the loss/forfeiture of the right of government to execute the final sentence after the lapse of a certain time. Since destierro is a correctional penalty. Simple slander prescribes in 2 months and grave slander in 6 months. correctional penalties – 10 years. BY ABSOLUTE PARDON Pardon – an act of grace proceeding from the power entrusted with the execution of laws. the state loses the right to prosecute TIFF (Uncompressed) PRESCRIPTIVE PERIODS OF decompressor CRIMES: are needed to see this picture. the information can no longer be filed the following day. NOTE: When the crime prescribes. Death. Conditions: 1. 2.
be captured 3. If an accused fails to move to quash before pleading. However. commits another crime before the expiration of the period of prescription 5. Sec 9. Requisites: 1. RoC) Prescription does not take away the court’s jurisdiction but only absolves the defendant and acquits him. court has no jurisdiction 3. 91: COMPUTATION OF PRESCRIPTION OF OFFENSES NOTES: If there is nothing concealed (appears in a public document). criminal action or liability has been extinguished 4. filing the proper complaint with the QuickTime™ and a TIFF (Uncompressed) decompressor prosecutor’s office. their agents If a person witnesses the crime but only tells the authorities 25 years later. or gone to a foreign country with which we have no extradition treaty. The proceeding is unjustifiably stopped for a reason not imputable to the offender Page 56 of 174 . prescription commences on the day the authorities were told. are needed to see this picture. would constitute a legal excuse or justification (See Rule 117. 92: WHEN AND HOW PENALTIES PRESCRIBE NOTES: Final sentence must be imposed. 91 applies to a special law when said law does not provide for the application but only provides for the period of prescription. he is deemed to have waived all objections. offended party 2. gives himself up 2. Without the accused being convicted or acquitted 2. When such proceedings terminate – termination that is final. facts charged do not constitute an offense 2. the penalty that was imposed (not the original) shall be the basis for prescription. an unappealed conviction or acquittal Unjustifiably stopped for any reason – ex: accused evades arrest. Those above are correccional. Police not included.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 If fine is an alternative penalty (imposed together with a penalty lower than the fine). 2. accepts a conditional pardon ART. except if the grounds are: 1. it is still the original penalty that is used as the basis for prescription. because of the lapse of time from the date of the evasion of the service of the sentence. Interruption Of The Period: If the convict 1. if the convict already serves a portion of his sentence and escapes after. if true. The period of prescription for crimes which continue never runs. preliminary examination or investigation which is similar to judicial proceeding 2. Filing complaint with the court that has proper jurisdiction The Period Commences To Run Again When The Proceeding Is Terminated: 1. authorities 3. 93: COMPUTATION OF THE PRESCRIPTION OF PENALTIES The period of prescription commences to run from the date when the culprit evaded the service of his sentence. goes to a foreign country with which the Philippines has no extradition treaty 4. or committed another crime. ART. Crime needs to be discovered by: 1. What Interrupts Prescription? 1. Prescription begins to run from the discovery thereof. 3. If a convict can avail of mitigating circumstances and the penalty is lowered. fine shall be the basis. It is interrupted when proceedings are instituted and shall begin to run again when the proceedings are dismissed. Convict has not given himself up. Fines less than P200 fall under light penalty. Convict evaded service of the sentence by escaping during the term of his sentence. Penalty has prescribed. proceedings must be stopped NOTE: Art. ART. or been captured. the crime commences to run on the date of the commission. Penalty is imposed by final sentence. 3. 4. the averments.
98: SPECIAL TIME ALLOWANCE FOR LOYALTY ART. Offender is re-arrested and re-incarcerated 2. without granting pardon. by decreasing the length of the imprisonment or fine Commutation Allowed When: 1. ART. a convict may be returned to the custody and continue to serve his sentence without deducting the time that elapsed. Rolito Go case: Since he was captured. prescribing the terms upon which the sentence shall be suspended. Acceptance of the conditional pardon interrupts the prescription period. Reason: During the period he escaped. Prosecution under Art. convict serves remaining sentence QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. convict may be prosecuted under 159 NOTES: allowance for good conduct not applicable when prisoner released under conditional pardon. Evasion of sentence starts the running of the prescription. In Case Of Violation Of Conditions: 1. his existence was one of fear and discomfort. 97: ALLOWANCE FOR GOOD CONDUCT CONDITIONAL PARDON Given after final judgment PAROLE Given after service of the minimum penalty Given by the Board of Pardons and Parole For violations.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 NOTES: If a government has an extradition treaty with the country to which a convict escaped. ART. PAROLE – consists in the suspension of the sentence of a convict after serving the minimum term of the indeterminate penalty. ART. unless an intention to extend it beyond the time is manifest. 94: PARTIAL EXTINCTION OF CRIMINAL LIABILITY Conditional pardon – contract between the sovereign power of the executive and the convict NOTE: Convict shall not violate any of the penal laws of the Philippines. 96: EFFECT OF COMMUTATION OF SENTENCE ART. Granted by Chief Executive For violation. person is over 70 years old 2. good conduct time allowance is given in consideration of good conduct of prisoner while he is serving sentence. 159 COMMUTATION – change in the decision of the court by the chief regarding the: 1. It does not interrupt it. may be rearrested. he is only supposed to serve the remainder of his sentence. In case his parole conditions are not observed. Prisoner is also allowed special time allowance for loyalty which is 1/5 deduction of the period of his sentence. 8 justices fail to reach a decision affirming the death penalty Years First 2 years NOTES: Consent is not necessary in commutation. Good conduct allowance during confinement – Deduction for the term of sentence for good behavior Allowances For Good Conduct Per Year Allowance 5 days per month of good behavior 3rd to 5th years 8 days per month of good behavior Following years up to 10 days per month of good 10th year behavior 11th year and 15 days per month of good successive years behavior NOTE: Condition of pardon is limited to unserved portion of the sentence. but the crime is not included in the treaty. 95: OBLIGATION INCURRED BY PERSON GRANTED CONDITIONAL PARDON Page 57 of 174 . degree of the penalty 2. the running of the prescription is still interrupted.
libel. adultery or concubinage. (e. provincial warden cannot usurp Director’s authority) It is not an automatic right. unless it involves the crime of treason. like crime of physical injuries – whatever he spent for treatment of wounds. Chapter One PERSON CIVILLY LIABLE FOR FELONIES TWO CLASSES OF CIVIL LIABILITY 1.g. gives himself up to the authorities within 48 hours following the issuance of the proclamation by the President announcing the passing away of the calamity or catastrophe. Moral Damages: seduction. rebellion. The deduction is based on the original sentence and not on the unexpired portion. either to his person. 100: CIVIL LIABILITY OF A PERSON GUILTY OF FELONY Dual Character Of The Crime As Against: 1. ART. illegal or arbitrary detention or arrest. espionage. doctor’s fees. Exemption from criminal liability in favor of an imbecile or insane person. 2. honor or chastity ART. earthquake or similar catastrophe or during mutiny in which he did not participate is liable to an increased penalty (1/5 of the time still remaining to be served – not to exceed 6 months). 99: WHO GRANTS TIME ALLOWANCES NOTES: The authority to grant time allowance for good conduct is exclusively vested in the Director. cannot be revoked by him. illegal search. malicious prosecution 3. and a person under 15 years. rape or other lascivious acts. having evaded the service of his sentence during the calamity or catastrophe mentioned in Art 158. because such dismissal does not carry with it the extinction of the civil one. social injury – produced by disturbance and alarm which are the outcome of the offense . the state. property. personal injury – caused by the victim who may have suffered damage. slander or any other form of defamation. or over 15 but under 18 who acted without discernment and those acting Page 58 of 174 Title Five CIVIL LIABILITY QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. Exemplary Damages: imposed when crime was committed with one or more aggravating circumstances NOTES: If there is no damage caused by the commission of the crime. the private person injured. offender is not civilly liable. medicines as well as salary or wages unearned 2. a civil action for damages for the same act or omission may be instituted. because of the disturbance of peace and order 2. and once granted. Dismissal of the information or the criminal action does not affect the right of the offended party to institute or continue the civil action already instituted arising from the offense. if he fails to give himself up to the authorities within 48 hours following the issuance of a proclamation by the President announcing the passing away of the calamity. abduction. There is a deduction of 1/5 of the period of sentence of prisoner who. Art 158 provides for increased penalties: A convict who has evaded the service of his sentence by leaving the penal institution on the occasion of disorder resulting from conflagration. Crimes against persons.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 NOTES: The article applies only to prisoners who escaped. When accused is acquitted on ground that his guilt has not been proven beyond reasonable doubt. contempt and others where no civil liability arises on the part of the offender either because there are no damages or there is no private person injured by the crime Damage that may be recovered in criminal cases: 1.
(elements provided in Rule 111. in case of his death or incapacity. Guardians over minors who are under their authority and live in their company c. the mother. 1. or even with fault but are insolvent and there are no persons having legal authority over them. par. with discernment a. it is essential that there be 2 cases involved. Prejudicial questions must be decided before any criminal prosecution may be instituted or may proceed. Acquittal in the criminal action for negligence does not preclude the offended party from filing a civil action to recover damages. over 15 but under 18. even if the convict has started serving the sentence. Reservation is necessary in the following cases: (according to Herrera. b. If there are none. primarily persons having legal authority or control over him. persons acting under an irresistible force or uncontrollable fear – Persons using violence or causing the fear are primarily liable. minor or imbecile not exempt from execution shall be held liable. An independent civil action may be brought by the injured party during the pendency of the criminal case provided the right is reserved. issue involved in said case and the cognizance of which pertains to another tribunal. The appellate court may remand the case to the trial court for the latter to include in its judgment the civil liability of the accused Before expiration of the 15-day period to appeal. Page 59 of 174 . civil action is against a member of a city or municipal police force for refusing or failing to render aid or protection to any person in case of danger to life or property ART. Section 7 of RoC) For the principle to apply. If there is no fault or negligence. no reservation needed) i.2. the private prosecutor has a right to appeal for the purposes of the civil liability of the accused. NOTE: Final release of a child based on good conduct does not remove his civil liability for damages. based on the theory that the act is a quasidelict. any of the cases referred to in Art 32 (perpetual or temporary disqualification for exercise of the right of suffrage) ii. Pars.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 under the impulse of irresistible force or under the impulse of an uncontrollable fear of an equal or greater injury does not include exemption from civil liability. 7 (failure to perform an act required by law when prevented by some lawful or insuperable cause). 12. The father and. defamation. If there are no parents or guardian. If offender dies prior to the institution of the action or prior to the finality of judgment. the trial court can amend the judgment of conviction by adding a provision for the civil liability of the accused. acts of insane or minor exempt from criminal liability a.3. are responsible for the damages caused by the minor children who live in their company. a civil and a criminal case. the property of the insane. the minor or insane person shall be answerable with his own property in an action against him where a guardian ad litem shall be appointed. Exception: No civil liability in Art.5 and 6 are NOT exempt from civil liability although exempt from criminal liability. 4 (injury caused by mere accident) and par. 3. civil liability ex delicto is extinguished. When the court found the accused guilty of criminal negligence but failed to enter judgment of civil liability. fraud and physical injury (bodily injury and not the crime of physical injury) iii. Who Are Civilly Liable For: 1. if at fault or negligent (except if proven that they acted without fault or with due diligence) b. 101: RULES REGARDING CIVIL LIABILITY IN CERTAIN CASES General Rule: Exemption from criminal liability does not include exemption from civil liability. those doing the act are responsible. Prejudicial Question – one which arises in a case. 2. QuickTime™ and a TIFF (Uncompressed) decompressor the resolution of which is a logical antecedent of the are needed to see this picture.
where a person does an act. 2: Requisites: 1. The employer’s subsidiary liability arises when it is proved that the convict committed the crime while at the service of the employer and the writ of execution issued against the accused is returned unsatisfied. The guests notified in advance the innkeeper of the deposit of such goods within the inn or house. 102: SUBSIDIARY CIVIL LIABILITY OF INNKEEPERS. causing damage to another. 2. 3. The said employee is insolvent and has not satisfied his civil liability. hence. On the other hand. NOTE: When all these are present. If the government or majority of the inhabitants are held responsible. Such goods of QuickTime™ the guests lodging therein TIFF (Uncompressed) decompressor needed to see this picture. Art. The innkeeper. CIVIL LIABILITIES Includes reparation and indemnification Includes restitution (return property taken). 1 Requisites: 1. the innkeeper. The court shall determine the proportionate amount for which each shall be liable. were taken are by robbery w/ force upon things or theft committed within the inn or house. 3. During the hearing of the said motion. in order to avoid evil or injury. person or corporation is engaged in any kind of No restitution as the liabilities are to paid out of the property of the offender No fines and costs of Includes fines and costs of proceedings proceedings Page 60 of 174 . the person benefited by the prevention of the evil or injury shall be civilly liable in proportion to the benefit he received. if the convict committed the crime but NOT while in the service of an employer and he cannot pay his civil liability. TAVERNKEEPERS AND PROPRIETORS OF ESTABLISHMENTS PAR. apprentices or employees commits a felony while in the discharge of his duties. industry. nothing to pay in terms of money PECUNIARY LIABILITIES Same ART. Any of their servants. The judgment obligee only needs to file a motion for subsidiary execution. 2. (3) the convict committed the crime while in the discharge of his duties. (1) an employeremployee relationship exists. tavernkeeper or proprietor of the establishment or his employee committed a violation of municipal ordinance or some general or special police regulation. and a 3. The person criminally liable is insolvent.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 General Rule: no civil liability in justifying circumstances Exception: par. 11. (2) the employer is engaged in an industry. they are not subsidiarily liable for acts of nurses. 4 of Art. it is incumbent upon the movant to prove that. and (4) the writ of execution was returned unsatisfied. 39 on subsidiary penalty will apply. The guests followed the directions of the innkeeper or his representative with respect to the care of and vigilance over such goods. tavernkeeper or any other person or corporation is subsidiarily liable for the crime committed in his establishment. A crime is committed in such establishment. A separate trial is not necessary to enforce the subsidiary liability of the employer. pupils. such will be determined by special laws or regulations. Industry – any department or branch of art. The employer. Private persons without business or industry are not subsidiarily liable. PAR. 103: SUBSIDIARY CIVIL LIABILITY OF OTHER PERSONS Requisites: 1. teacher. 2. workmen. especially one w/c employs so much labor and capital is a distinct branch of trade NOTES: Hospitals are not engaged in industry. Civil liability in case of state of necessity Those who benefited by the act are liable. ART. occupation or business.
The very thing should be returned. Indemnification – the loss of salary or earnings ART. The accused is liable for the damages caused as a result of the destruction of the property after the crime was committed. In either case. reparation cannot be made. Restitution – In theft.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Chapter Two WHAT CIVIL LIABILITY INCLUDES property may be reimbursed with the price paid therefor if it be acquired at (a) a public sale and (b) in good faith. give to the offended party a similar thing of the same amount. in addition to the return of the property. provided the offense is proved and it is shown that the thing belongs to someone else. even if the rd property stolen was acquired by a 3 person by purchase without knowing that it has been stolen. 107: INDEMNIFICATION. as a general rule. 105: RESTITUTION. Reparation – In case of inability to return the property stolen. Reparation shall be: the price of the thing. Page 61 of 174 . the culprit must pay the value of the property stolen. The court has authority to order the reinstatement of the accused acquitted of a crime punishable by the penalty of perpetual or temporary disqualification. be properly decreed by the court in a judgment of acquittal. then he is an accessory and therefore criminally liable. by way of restitution. plus its sentimental value. indemnity for consequential damages may be required. the court will assess the amount of the deterioration and. Damages shall be limited to those caused by the crime. the court cannot order its return in the criminal case. In case of physical injuries. Thus. (b) when sale is authorized When the liability to return a thing arises from a contract. and not from a criminal act. 104: WHAT IS INCLUDED IN CIVIL NOTE: The first remedy granted by law is restitution of the thing taken away by the offender. no restitution or reparation of the thing can be done. If the thing is acquired by a person knowing that it was stolen. the offender are can recover it from whomsoever is in possession thereof. the reparation of the damage caused would consist in the payment of hospital bills and doctor’s fees to the offended party. ART. kind or species and quality. the culprit will be ordered to pay such amount. such property will be returned to the owner. the culprit is duty bound to return the property stolen. Payment of salary of an employee during the period of suspension cannot. The owner of the property QuickTime™ and a illegally taken by TIFF (Uncompressed) decompressor needed to see this picture. Payment by the insurance company does not relieve the offender of his obligation to repair the damage caused. If there is no evidence as to the value of the thing unrecovered. It devolves upon the head of the department concerned to do so. Restitution may be ordered. If the property stolen while in the possession of the third party suffers deterioration due to his fault. even if accused is acquitted. 106: REPARATION. ART. HOW MADE NOTES: The convict cannot. HOW MADE ART. When crime is not against property. either because it was lost or destroyed by the accused himself or that by any other person or as a result of any other cause or causes. the law allows the offended party reparation. The third party who acquired the stolen NOTES: The court orders reparation if restitution is not possible. WHAT IS INCLUDED NOTES: Indemnity refers to crimes against persons while reparation to crimes against property. Circumstances which bar an action for recovery: (a) torrens title. if restitution cannot be made by the offender or by his heirs.
for the indemnity due from said principal. confusion or merger of the rights of creditor and debtor 5. 3. The third person must be innocent of the commission of the crime. libel. malicious prosecution ART. In case of the insolvency of the principal. ACCOMPLICES AND ACCESSORIES OF A FELONY. Preference In Enforcement Of Subsidiary Liability: 1. rendered against him. against that of the accessories ART.000. B sold the ring to C for 500. the accomplices shall be subsidiarily liable. seduction. Moral damages may be recovered following: 1. Contributory negligence on the part of the offended party reduces the civil liability of the offender. loss of the thing due 3. physical injuries 2. Chapter Three EXTINCTION AND SURVIVAL OF CIVIL LIABILITY ART. If the deceased was obliged to give support. ART. novation Page 62 of 174 . The civil liability may be increased only if it will not require an aggravation of the decision in the criminal case on which it is based. B is liable to make restitution up to 500 only. In addition: 1. slander. illegal or arbitrary detention 5. rape 3. If the death of the offender took place before QuickTime™ and a (Uncompressed) decompressor any final TIFFjudgment of conviction was are needed to see this picture. in the jointly and severally liable. payment for the loss of the earning capacity of the deceased 2. accomplices and accessories is liable solidary for their share and subsidiarily liable for the share of the other classes. 111: OBLIGATION TO MAKE RESTITUTION IN CERTAIN CASES NOTES: This refers to a person who has participated gratuitously in the proceeds of a felony and he is bound to make restitution in an amount equivalent to the extent of such participation. illegal search 6. abduction. the recipient. condonation or remission of the debt 4. the action for restitution must necessarily be dismissed. Civil liability is possible only when the offender dies after final judgment. The amount of damages for death shall be at least 50. defamation 7. 112: EXTINCTION OF CIVIL LIABILITY Civil Liability Is Extinguished By: 1. ART. Ex. illegitimate descendants and ascendants of the deceased may demand for moral damages. concubinage 4.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Indemnity for medical services still unpaid may be recovered. A stole a ring worth 1k which he gave to B who accepted it without knowledge that it was stolen. PREFERENCE IN PAYMENT Each class of principals. who is not an heir. compensation 6. may demand support from the defendant. against that of the accomplice 3. REPARATION FOR DAMAGES. UPON WHOM IT DEVOLVES NOTES: The heirs of the person liable has no obligation if restoration is not possible and the deceased left no property. against the property of the principal 2. adultery. 108: OBLIGATION TO MAKE RESTORATION. 109: SHARE OF EACH PERSON CIVILLY LIABLE NOTE: In case of insolvency of the accomplices. 110: SEVERAL AND SUBSIDIARY LIABILITY OF PRINCIPALS. OR INDEMNIFICATION FOR CONSEQUENTIAL DAMAGES AND ACTIONS TO DEMAND THE SAME. payment or performance 2. The spouse. the principal shall be subsidiarily liable for their share of the indemnity. otherwise he would be liable as an accessory and this article will not apply. even though there may have been mitigating circumstances.
and 3. There’s a war in and Philippines is involved. WAYS TO COMMIT TREASON: 1. it does not extinguish the civil liability of the offender. even if the subsidiary imprisonment is served for nonpayment of fines. in return for protection they receive • Treason is a war crime . the acceptance of public office and the discharge of official duties constitute treason. pardon. NOTES: • Treason – breach of allegiance to the government by a person who owes allegiance to it. Actual adherence b. Levies war against the government. Purpose of executing a treasonable design. commutation of the sentence or any other reason. 113: OBLIGATION TO SATISFY CIVIL LIABILITY NOTES: Unless extinguished. giving aid or comfort. TIFF (Uncompressed) decompressor are needed to see this picture. (Art. Actual assembling of men b. A pardon shall in no case exempt the culprit from the payment of the civil indemnity imposed upon him by the sentence. (EO 44). RPC) • Treason by an alien must be committed in the Philippines. 2. Adheres to enemies – following must concur together: a. this pecuniary liability of the defendant is not extinguished. due to amnesty. BOOK II PERSONS LIABLE: 1.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ART.requires: a.no need for a declaration of war. Adheres to enemies. civil liability subsists even if the offender has served sentence consisting of deprivation of liberty or other rights or has not served the same.2. • Mere acceptance of public office and discharge of official duties under the enemy do not constitute per se the felony of treason. Offender either – a.there is actual hostilities .must be with intent to overthrow the government as such. Give aid or comfort NOTES: • Levying war . Probation affects only the criminal aspect of the crime. While amnesty wipes out all traces and vestiges of the crime. TITLE ONE CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS Section 1 – Treason and Espionage ART 114. • Allegiance – obligation of fidelity and obedience which individuals owe to the government under which they live or to their sovereign. Offender is a Filipino citizen or an alien QuickTime™ and a resident. Under the law as amended. by force 2. can commit treason anywhere 2. or b. TREASON ELEMENTS: 1. Alien Residing – temporary allegiance. Levying war against government . commit treason only while residing in Philippines NOTES: • Treason committed in a foreign country may be prosecuted in the Philippines. But when the position is policy-determining.punished by state as a measure of self-protection • Committed in times of war (not peace) when . Filipino – permanent allegiance. • Not necessary that those attempting to overthrow the government by force of arms Page 63 of 174 . not merely to repeal a particular statute or to resist a particular officer.
2. Art 115 is an exception as it specifically penalizes conspiracy and proposal to commit treason. Circumstances surrounding act NOTES: • To convict: testimonies must relate to the same overt act – not two similar acts • If act is separable – each witness can testify to parts of it. for which death is one of the penalties provided by law. it is already conspiracy. . • Two-witness rule – not applicable since this is a crime separate from treason • Mere proposal even without acceptance is punishable. • If actual acts of treason are committed after the conspiracy or proposal. If the other accepts.8). Two or more persons come to an agreement to a. Treason a. Adherence a.treachery • Treason is a continuing crime. too. • No treason through negligence since it must be intentional • No complex crime of treason with murder – murder is the overt act of aid or comfort ELEMENTS – CONSPIRACY: 1. 115. General Notes: • Inherent circumstances Æ they do not aggravate the crime QuickTime™ and a TIFF (Uncompressed) decompressor . offender can still be prosecuted. and the conspiracy or proposal is considered as a means in the commission thereof.Duress or uncontrollable fear . In time of war. ELEMENTS – PROSOPAL: 1. the crime committed will be treason. as a whole. General Notes: • As a general rule.Suspended allegiance . Judicial confession of accused 2. or b. One witness b. Aid or Comfort – act w/c strengthens or tends to strengthen the enemy of the government in the conduct of war against the government. Even after the war. A person who has decided to levy war against the government. In time of war 2.superior strength . Proposes its execution to some other person/s. • DEFENSE: . must be identifiable as an overt act • Confession must be in open court • Reason for 2-witness rule Æ special nature of the crime requires that the accused be afforded a special protection not required in other cases so as to avoid a miscarriage of justice. conspiracy and proposal to commit a felony is not punishable (ART. CONSPIRACY AND PROPOSAL TO COMMIT TREASON WAYS TO PROVE: 1. Nature of act itself c. but the act. • Mere agreement and decision to commit treason is punishable. in whole or in part Adherence – intellectually or emotionally favors the enemy and harbors sympathies or convictions disloyal to his country’s policy or interest. Testimony of at least 2 witnesses to the same overt act b.Joining the enemy army thus becoming a citizen of the enemy • ART.Evident premeditation are needed to see this picture. and the fact that the crime is committed in abnormal times. adhere to the enemies and to give them aid or comfort 3. They decide to commit it. when small differences may in mortal enmity wipe out all scruples in sacrificing the truth.Obedience to de facto government • NOT DEFENSE: . or an act w/c weakens or tends to weaken the power of the government or the country to resist or to attack the enemies of the gov’t or country and is therefore inseparable from treason itself.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 • should have the apparent power to succeed in their design. Extreme seriousness of the crime. levy war against the government. or to adhere to the enemies and to give them aid or comfort 3. Page 64 of 174 .
or losing information respecting the national defense with intent or reason to believe that the information is to be used to the injury of the Republic of the Philippines or the advantage of a foreign nation. it is not necessary that the offender succeeds in obtaining the information. Second mode: a. fort. alien residing 2. He conceals or does not disclose the same to the authorities in w/c he resides. without authority. and 3. and 3. General Notes: • Espionage is the offense of gathering. That he has in his possession the articles. transmitting. • Wiretapping is not espionage if the purpose is not connected with the defense. 2. NOTES: • Offender is punished as an accessory to the crime of treason. PERSONS LIABLE: 1. MODES of COMMITTING ESPIONAGE: 1. That his purpose is to obtain information. or military or naval establishment or reservation to obtain any information. NOTES: • Being a public officer is a requirement in the second paragraph • It is aggravating in the first. MISPRISION OF TREASON 2. By entering. fort. QuickTime™ and a ELEMENTS: TIFF (Uncompressed) decompressor are needed to see this picture. data or information referred to in the preceding paragraph. which he had in his possession by reason of the public office he holds. 116. ART. by reason of the public office he holds. ELEMENTS: 1. official? Ex: PNP Director? Judge Pimentel says any governement. provincial fiscal.. mayor or city fiscal). That the offender is a public officer. Page 65 of 174 . and adhering to the enemy giving him aid or comfort ELEMENTS: 1. ESPIONAGE ESPIONAGE – is the offense of gathering. 117. Offender owes allegiance to the government 2.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ART. • RPC mentions 4 individuals (i. plans. plan or other data of confidential nature relative to the defense of the Philippines. Not a foreigner 3. a warship. official of the DILG is OK. • But is actually principal to this crime. That he discloses their contents to a representative of a foreign nation. That he has no authority therefore. • In the first mode of committing the felony. 1. Offender is a public officer. data or information referred to in the first mode of committing espionage. • It is a crime of omission.e. transmitting. 2. governor. naval or military establishment or reservation. or losing information respecting the national defense with the intent or reason to believe that the information is to be used to the injury of the Philippines or the advantage of any foreign nation. First mode: a. Filipino b. It is not conditioned on citizenship. Has knowledge of any conspiracy (to commit treason) against the government 4. By disclosing to the representative of a foreign nation the contents of the articles. but what if you report to some other high-ranking government. TREASON ESPIONAGE In both – not conditioned by citizenship of offender Committed in war time War and Peace time Limited in two ways of Committed in many ways committing crime: levying war. • Crime doesn’t apply if crime of treason is already committed and it is not reported. photographs or other data of a confidential nature relative to the defense of the Philippines. That the offender enters a warship.
naval. That the offender makes correspondence with an enemy country or territory occupied by enemy troops. Disloyal acts in time of war. or air forces of the Philippines). That the correspondence is either – a. Harboring or concealing violators of the law (i. or b. NOTES: • Circumstances qualifying the offense: 1. If China bans the entry of Filipinos into China. That there is a regulation issued by competent authority for the purpose of enforcing neutrality.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ART. • Neutrality of the Philippines that was violated. Offender intended to aid the enemy. carried on in ciphers or conventional signs. 616 An Act to Punish Espionage and Other Offenses Against National Security ACTS PUNISHABLE: 1. NO. or c. 5. 6. • Reprisals are not limited to military action. That the offender violates such regulation. prohibited by the government. containing notice or information which might be useful to the enemy. Offender performs unlawful or unauthorized acts. CORRESPONDECE WITH HOSTILE COUNTRY ELEMENTS: 1. that is reprisal. disloyalty. • Example: X burns Chinese flag. 3. • Intent of the offender is immaterial. Disloyal acts or words in time of peace (i. Page 66 of 174 Section Two – Provoking War & Disloyalty in Case of War ART. Notice or information might be useful to the enemy. There’s a war in and Philippines is involved. • In inciting to war. it could be economic reprisals. 3. Unlawfully obtaining or permitting to be obtained information affecting national defense. the offender harbors a person whom he knows as someone who committed or is about to commit a violation of this Act). . NOTES: • This crime is committed only in time of war. VIOLATION OF NEUTRALITY C. ELEMENTS: 1.A. 2. offender intended to aid the enemy • A hostile country exists only during hostilities or after the declaration of war. Photographing from aircraft of vital military information. and 3. INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS ELEMENTS: 1. 119. That there is war in which the Philippines is not involved. causing in any manner insubordination. QUALIFYING CIRCUMSTANCES: 1. and 7. the penalty is higher. mutiny or refusal of duty of any member of the military.e. Unlawful disclosing of information affecting national defense. • There has to be a regulation issued by competent authority for enforcement of neutrality – offender violated it • Being a public officer or employee has higher penalty ART. 2. If the offender is a public officer. the offender is any person. 2. NOTES: QuickTime™ and a (Uncompressed) decompressor • Crime is TIFF committed in time of peace. • Correspondence to enemy country is correspondence to officials of enemy country even if said official is related to the offender. 118. 2. Conspiracy to commit the foregoing acts. or denial of entry into their country. 4. Such acts provoke or give occasion for a war involving or liable to involve the Philippines or expose Filipino citizens to reprisals on their persons or property. are needed to see this picture.e. 2. notice or information might be useful to the enemy 2. 120.
seize whole or part of vessel’s cargo. It is immaterial if correspondence contains innocent matters. Filipino citizen 2. the commission of the acts described in Arts. the seabed. piracy and mutiny only on the high seas was punishable. 7659 amended Art 122.A. • There must be a prohibition. NOTES: • High seas . irrespective of its depth. 122 and 123 in Philippine waters was under P. the insular shelves. By seizing the whole or part of the cargo of said vessels. no need for prohibition of the government.D. If ciphers were not used. If there is none. equipment or personal belongings of its complement or passengers. Going to enemy country is prohibited by competent authority. length or dimension. PIRACY – it is robbery or forcible depredation on the high seas.D. or the raising of commotions and disturbances on board a ship against the authority of its commander. No. 2. its equipment or personal belongings of its complement or passengers. or in the archipelagic waters of an archipelagic state (United Nations Convention on the Law of the Sea). By attacking or seizing a vessel on the high seas or in the Philippine waters (PD 532). there is a need for prohibition of the government. 532. If ciphers were used. PIRACY IN GENERAL AND MUTINY ON THE HIGH SEAS TIFF (Uncompressed) decompressor PIRACY – MODES TO COMMIT: are needed to see this picture. around. even if one went to enemy country. • Before R. there is no crime. Offenders – not members of its complement nor passengers of the vessel. PERSONS LIABLE: 1. MUTINY – the unlawful resistance to a superior. FLIGHT TO ENEMY’S COUNTRY ELEMENTS: 1. parts of the sea that are not included in the exclusive economic zone. • Philippine waters – all bodies of water. 121. 2. QuickTime™ and a . 1. 7659 Piracy and Mutiny in Philippine waters is punishable. If prohibited. attack or seize vessel (if committed by crew or passengers. Page 67 of 174 ART. as amended by R. 122. • An alien resident may be held guilty for this crime because an alien owes allegiance to the Philippine government albeit temporary. or in the internal waters of a state. Art. A. bays. Alien residing in the Philippines NOTES: • Mere attempt consummates the crime.any waters on the sea coast which are without the boundaries of the low water mark although such waters may be in the jurisdictional limits of a foreign government. and other submarine areas over which the Philippines has sovereignty and jurisdiction. Section Three – Piracy & Mutiny on The High Seas ART. and 4. including territorial sea. the crime is not piracy but robbery in the high seas).Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 • • • • It is not correspondence with private individual in enemy country. without lawful authority and done with animo furandi and in the spirit and intention of universal hostility. P. in the territorial seas. Offender owes allegiance to the government. Offender attempts to flee or go to enemy country. 3. 2. and all waters belonging to the Philippines by historic or legal title. A vessel is on the high seas or Philippine waters. gulfs. There’s a war and Philippines is involved. No. breath. the offenders being strangers to the vessels. such as but not limited to seas. (Sec. However. between and connecting each of the islands of the Philippine Archipelago. ELEMENTS of PIRACY: 1. 122. or b. and 3. correspondence is punishable. 2. 532) • Now. That the offenders – a.
PIRACY Robbery or forcible degradation on the high seas. ACTS PUNISHABLE: 1. Attack from outside. 2. But if rape committed on someone below 7 during the time of piracy – reclusion perpetua to death. Directly or indirectly abets the commission of piracy. • QUALIFIED PIRACY – a SPECIAL COMPLEX CRIME punishable by reclusión perpetua to death. homicide. By compelling a change in the course or destination of an aircraft of Philippine registry. Acquires or receives property taken by such pirates. Intent to gain is not an element Attack from the inside. QUALIFIED PIRACY QUALIFYING CIRCUMSTANCES: 1. piracy may be committed even by a passenger or member of the complement of the vessel. ART. RPC Offender is an outsider PD 532. MUTINY Unlawful resistance to a superior officer. • Themurder/rape/homicide/physical injuries must have been committed on the passengers or on the complement of the vessel. or seizing or usurping the control thereof while it is in flight. • Piracy is a crime not against any particular state but against all mankind. 3. piracy is part of robbery and theft. Piracy was accompanied by murder. or the raising of commotion and disturbances on board a ship against the authority of its commander. NO. there is intent to gain and the manner of committing the crime is the same. For purposes of the Anti-Fencing Law. Seizure of the vessel by boarding or firing upon the same. regardless of the number of victims. Offenders are strangers to the vessel. It may be punished in the competent tribunal of any country where the offender may be found or into which he may be carried. NOTE: Under PD 532. PIRACY The offender is an outsider. NOTES: • Parricide/infanticide should be included (according to Judge Pimentel). Intent to gain is an element. 6235 Anti-Hijacking Law VESSEL – any vessel or watercraft used for (a) transport of passengers and cargo or (b) for fishing. old – penalty is death under the new rape law. Piracy in internal waters – jurisdiction of Philippine courts. 2. Knowingly aids or protects pirates. 123. Abandonment of victims without means of saving themselves. R. WATERS Art. or rape. In both. Page 68 of 174 . • There is a conflict between this provision and the provision on rape. 122. Ex: If rape is committed on someone below 7 yrs.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 • • • Piracy in high seas – jurisdiction of any court where offenders are found or arrested. or 3. A. WITHIN PHIL. physical injuries. or in any manner derives any benefit. AIDING OR ABETTING PIRACY REQUISITES: 1. without lawful authority and done with animo furandi and in the spirit and intention of universal hostility. ROBBERY ON HIGH SEAS The offender is a member of the complement or a passenger of the vessel. Anti-Piracy Offender is passenger crew or PD 532 (ANTI-PIRACY AND ANTI-HIGHWAY QuickTime™ and a TIFF (Uncompressed) decompressor ROBBERY LAW OF 1974) are needed to see this picture.
the act must take place after all exterior doors are closed following embarkation. • Where the aircraft is of foreign registry. and 3.Person to be arrested is an escaped prisoner. NOTES: (Atty. By compelling an aircraft of foreign registry to land in Philippine territory or seizing or usurping the control thereof while it is in the said territory. IN FLIGHT – From the moment all exterior doors are closed following embarkation until the same doors are again opened for disembarkation. and Page 69 of 174 . The crime is accompanied by murder. offender need not succeed in hitting pilot. • Legal grounds for the detention of any person: .commission of a crime . 2. 2. Delaying release ELEMENTS: 1. crew member or passenger. 125. 2. Once you have committed rebellion and have not been punished or amnestied. serious physical injuries. or rape. the his the the ART. ART. Enrile: Rebels later on retire. That he detains a person. 124. • Rolito Go v.Arresting officer must have personal knowledge that the person probably committed the crime. QUALIFYING CIRCUMSTANCES (Par 1 & 2): 1. flammable. Mere attempt is not enough. . NOTES: (Atty. Palacaios) • For “firing upon” to qualify the offense. Palacios) • Where the aircraft is of Philippine registry. is being. ARBITRARY DETENTION ELEMENTS: 1. • Though the elements specify that the offender be a public officer or employee. loading. or has been committed. That it was without legal grounds. the offense must be committed while in flight. That the offender is a public officer or employee.Crime is about to be. unless the rebels renounce their affiliation. That the offender is a public officer or employee (whose official duties include the authority to make an arrest and detain persons). or . Delay in the delivery of detained persons to the proper judicial authorities 3. NOTES: • Arbitrary detention is the deprivation by a public officer of the liberty of a person w/o any legal ground. any explosive.violent insanity or other ailment requiring compulsory confinement of the patient in a hospital • Grounds for warrantless arrest: . By shipping. and 3. corrosive or poisonous substance or material. Hence. offender must have actually fired weapon. or 3. or carrying in any passenger aircraft operating as a public utility w/in the Philippines. offense need not take place while in flight. Firing upon the pilot. By detaining a person without legal ground 2. the rebels continue to engage in rebellion. Arrest can be made without a warrant because rebellion is a continuing crime. Exploding or attempting to explode any bomb or explosive to destroy the aircraft. DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER JUDICIAL AUTHORITIES CLASSES OF ARBITRARY DETENTION: 1. CA is an example of arbitrary detention (Judge Pimentel) • Ramos v. private individuals who conspire with public officers can be liable as principals. homicide. • For “firing upon” to qualify the offense.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 2. member of the crew or passenger of the aircraft. That he has detained a person for some legal ground. TITLE TWO CRIMES AGAINST THE FUNDAMENTAL LAWS QuickTime™ and a OF THE STATE TIFF (Uncompressed) decompressor are needed to see this picture.
destierro. That the offender is a public officer or employee. NOTE: • Wardens and jailers are the persons most likely to violate this provision. act will amount to grave coercion. after voluntarily leaving the country. or their equivalent. 18 hours. • Contemplates arrest by virtue of some legal ground or valid warrantless arrest. • LENGTH OF WAIVER: . • Crime does not include expulsion of undesirable aliens.If offender is a private person. If done by a private person. NOTES: • The felony means delay in filing the necessary information or charging of person detained in court which may be waived if a preliminary investigation is asked for. or c. ACTS PUNISHABLE: 1. or c. or that there is a proceeding upon a petition for the liberation of such person. 2. That there is a judicial or executive order for the release of a prisoner or detention prisoner. ART. Page 70 of 174 . but illegality starts from the expiration of the specified periods without the persons detained having been delivered to the proper judicial authority. Neither does it affect the legality of the confinement under process issued by the court. 2. That he fails to deliver such person to the proper judicial authority within: a. for crimes punishable by correctional penalties. Detention is illegal from the beginning. or b. the service of the notice of such order to the prisoner. or when sent to prison. officers usually ask accused to execute a waiver of Art. 125 which should be under oath and with assistance of counsel.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 3. That he expels any person from the Philippines.Light offense – 5 days. and 3. the proceedings upon a petition for the release of such person. • The filing of the information in court beyond the specified periods does not cure illegality of detention. 12 hours. person may be detained until case is decided. • If arrested by virtue of arrest warrant. by compelling a person to change his residence NOTES: • Acts punishable: • The crime of expulsion absorbs that of grave coercion. or equivalent.Serious and less serious offenses – 7 to 10 days. detained for crimes punishable by light penalties. and 3. (Judge Pimentel) . for crimes/offenses punishable by capital punishment or afflictive penalties. 126: DELAYING RELEASE ELEMENTS: 1. 127. is illegally refused re-entry is considered a victim of being forced to change his address. or their equivalent. Detention is legal in the beginning. That the offender is a public officer or employee. 36 hours. That the offender without good reason delays: a. ARBITRARY DETENTION (124) DELAY IN DELIVERY OF DETAINED (125) ART. EXPULSION ELEMENTS: 1. Such waiver is not violative of the constitutional right of the accused. This does not contemplate actual physical delivery. the performance of such judicial or executive order for the release of the prisoner. the crime is illegal detention. or 2. b. or compels a person to change his residence. That the offender is not authorized to do so by law. by expelling a person from the Philippines. • To prevent committing this felony. . • If a Filipino who. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture.
A return was made. NOTES: • Search warrant is valid for 10 days from its date of issue. 129. and 3. AND ABUSE IN THE SERVICE OF THOSE LEGALLY OBTAINED Page 71 of 174 . exceeding his authority by using unnecessary severity in executing a search warrant legally procured ELEMENTS: 1. VIOLATION OF DOMICILE ELEMENTS: 1. That he has legally procured a search warrant. ART. That the offender is a public officer or employee. SPECIAL AGGRAVATING CIRCUMSTANCES: 1. papers or effects not constituting evidence of a crime are not returned immediately NOTES: • The judicial order is the search warrant. searching papers or other effects found therein without the previous consent of such owner. the warrant is unjustified. • Public officer without a search warrant cannot lawfully enter the dwelling against the will of the owner. b. or ifand there is no violence . 128. the crime committed by the public officer is either: . 2. all details must be with set forth with particularity.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 • • Threat to national security is not a valid ground to expel or to compel one to change his address. nighttime 2. procuring a search warrant without just cause ELEMENTS: 1. SEARCH WARRANTS MALICIOUSLY OBTAINED. 2. Tank was used to ram gate prior to announcement that a search will be made. ART. That the offender is a public officer or employee. after having surreptitiously entered said dwelling and after having been required to leave the same. That he exceeds his authority or uses unnecessary severity in executing the same. 2. That he is not authorized by judicial order to enter the dwelling and/or to make a search therein for papers or other effects. • Examples of abuse in service of warrant: 1. • Example of a warrant maliciously obtained: X was a respondent of a search warrant for illegal possession of firearms. and 3. and 3. 2. That there is no just cause. are needed to see this picture. • If there is no just cause. • When a public officer searched a person “outside his dwelling” without a search warrant and such person is not legally arrested for an offense. even if he knew that someone in that dwelling is in unlawful possession of opium. X owner was handcuffed while search was going-on. entering any dwelling against the will of the owner thereof.unjust vexation QuickTime™ a (Uncompressed) decompressor or TIFF intimidation (Art 287). 2. That the offender is a public officer or employee. That he commits any of the following acts: a. refusing to leave the premises.grave coercion if violence or intimidation is used (Art 286). the crime committed is trespass to dwelling (Art 280). Persons who were not respondents were searched. The Chief Executive has the power to deport undesirable aliens. • If the offender who enters the dwelling against the will of the owner thereof is a private individual. • An exception to the necessity of a search warrant is the right of search and seizure as an incident to a lawful arrest. ACTS PUNISHABLE: 1. That he procures a search warrant. c. 3. • The search is limited to what is described in the warrant. The gun did not belong to X and the witness had no personal knowledge that there is a gun in that place.
• Those holding peaceful meetings must comply with local ordinances. violence. 2. or any member of his family.g. any petition to the authorities for the correction of abuses or redress of grievances. officer is liable for stopping the meeting. Offender is a public officer or employee. But if done in a private home. • But stopping the speaker who was attacking certain churches in public meeting is a violation of this article. 3. and 4. SEARCHING DOMICILE WITHOUT WITNESSES ELEMENTS: 1. But if a police stops a meeting in a private place because there’s no permit. NOTES: • Order of those who must witness the search: . 130. That the owner. the offense is unjust vexation. b. • Offender must be a stranger.Homeowner . marriage ELEMENTS: 1. but only a meeting of a religious sect. papers or other belongings of any person.Members of the family of sufficient age and discretion . together with others. That religious ceremonies or manifestations of any religion are about to take place or are going on. hindering any person from joining any lawful association or from attending any of its meetings c. not a participant. denial of permit in arbitrary manner). threats. The latter is preferred for objective determination. 131. it’s a religious service. That the officer is a public officer or employee. dissolving or interrupting that meeting. • Interrupting and dissolving a meeting of the municipal council by a public officer is a crime against the legislative body and not punishable under this article. That he searches the domicile. and 3. in the peaceful meeting. Page 72 of 174 . Examples: Mass. 132. INTERRUPTION. or two witnesses residing in the same locality are not present. • The person talking on a prohibited subject at a public meeting contrary to agreement that no speaker should touch on politics may be stopped. That he is armed with a search warrant legally procured. AND DISSOLUTION OF PEACEFUL MEETINGS ELEMENTS: 1.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ART. prohibiting or hindering any person QuickTime™ and a TIFF (Uncompressed) decompressor from addressing . 2. INTERRUPTION OF RELIGIOUS ART. prohibiting or interrupting. or 2. He performs any of the following acts: a. the crime is disturbance of public order (Art 153). without legal ground the holding of a peaceful meeting. NOTES: • If the offender is a private individual. That the offender is a public officer or employee. ART. NOTES: Qualifying circumstances: 1. Example: Ordinance requires permits for meetings in public places. PROHIBITION. baptism. or dissolving the same (e. That the offender prevents or disturbs the same. otherwise.Responsible members of the community • Validity of the search warrant can be questioned only in 2 courts: where issued or where the case is pending. 2. • Religious Worship includes people in the act of performing religious rites for a religious ceremony or a manifestation of religion. • Reading of Bible and then attacking certain churches in a public plaza is not a ceremony or manifestation of religion. • Meeting must be peaceful and there is no legal ground for prohibiting. either alone or are needed to see this picture.
during the celebration of any religious ceremony 2. There’s a deliberate intent to hurt the feelings of the faithful. NOTES: • If in a place devoted to religious purpose. outsiders (132) ntal law of the state religious = tumult or alarms If not notoriously offensive = unjust vexation If not tumults = alarms and scandal If meeting illegal at onset = inciting to sedition or rebellion TITLE THREE CRIMES AGAINST PUBLIC ORDER POLITICAL CRIMES – are those directly aimed against the political order. boxed a priest while the priest was giving homily and maligning a relative of X. That the purpose of the uprising or movement is either: a. and 4. 2. to deprive the chief executive or congress. and Page 73 of 174 If by insider = unjust vexation If not . ART. Acts complained of were performed – a. The decisive factor is the intent or motive. or b.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 • X. naval or other armed forces. Any person who: (a) promotes. and 2. as well as such common crimes as may be committed to achieve a political purpose. CRIME Prohibition. directed against religious tenet. mere arrogance or rudeness is not enough. Interruption and Dissolution of Peaceful Meeting (131) Interruption of Religious Worship NATURE WHO OF ARE CRIME LIABLE Crime Public QuickTime™ and a against officers. ART. of any of their powers or prerogatives. private persons. 134. OFFENDING RELIGIOUS FEELINGS ELEMENTS: 1. PERSONS LIABLE: 1. That there be a public armed uprising. in a place devoted to religious feelings. Any person merely participating or executing the command of others in rebellion (participant). or b. REBELLION OR INSURRECTION ELEMENTS: 1. as mocking or scoffing or attempting to damage an object of religious veneration. • Acts must be directed against religious practice or dogma or ritual for the purpose of ridicule. Is X liable? X may be liable under Art 133 (Offending religious feelings) because X is a private person. (b) maintains. • Example of religious ceremony (acts performed outside the church): Processions and special prayers for burying dead persons but NOT prayer rallies. wholly or partially. • There must be deliberate intent to hurt the feelings of the faithful. a private person. Offender is any person. to remove from the allegiance to said government or its laws the territory of the Philippines or any part thereof or any body of land. Outsiders IF ELEMENT MISSING If not by public officer = Tumults Offending the Religious Feeling (133) Crime against public order Public officers. there is no need for an ongoing religious ceremony. TIFF (Uncompressed) decompressor see this picture. or (c) heads a rebellion or insurrection (leader). Acts must be notoriously offensive to the feelings of the faithful. 133. the are needed to Outsiders fundame ntal law of the state Crime against the fundame Public officers. 3.
without any political motivation. or police or holding any public office or employment. There must be ACTUAL participation. b. Salazar ruling: upheld Hernandez • Thus: Rebellion absorbs other crimes committed in furtherance of rebellion. any military camp or installation c. threat. signed receipts and other documents issued in their name. 2. A private crime may be committed during rebellion. spoke for them. spoke for them. • Rebellion is a continuing crime along with and a the crime of QuickTime™ conspiracy or proposal to TIFF (Uncompressed) decompressor are needed to see this picture. 3. Offender is a person or persons belonging to the military. c. because mere silence or omission is not punishable as rebellion. the crime is direct assault. signed receipts and other documents issued in their name. • If there is no public uprising. PERSONS LIABLE: 1. • Mere giving of aid or comfort is not criminal in the case of rebellion. it is not a defense that the accused never took the oath of allegiance. strategy or stealth. intimidation. or performed similar acts. 2. • Diverting public funds is malversation absorbed in rebellion. 134 – A. Any person who in fact directed the others. a person is deemed a leader of rebellion if he: a. • If killing or robbing were done for private purposes or for profit. 3. • Insurrection refers to a movement which seeks merely to effect some change of minor importance to prevent the exercise of governmental authority w/ respect to particular matters or subjects. Geronimo ruling: crimes done for private purposes without political motivation should be separately punished • Enrile vs. performed similar acts on behalf of the rebels. or performed similar acts. and 4. the crime would • be separately be punished and would not be embraced by rebellion (People v. and d.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 3. spoke for them. Any person who leads or in any manner directs or commands others to undertake coup d’etat (leaders). even if not in furtherance of rebellion cannot be complexed with rebellion. or that they never recognized the government. Illegal possession of firearms in furtherance of rebellion is absorbed by the crime of rebellion. accompanied by violence. Any person not in the government service who participates. on behalf of the rebels (deemed leader if leader is unknown) Page 74 of 174 . Fernando). For the purpose of seizing or diminishing state power. finances. Hernandez ruling: rebellion cannot be complexed with ordinary crimes done pursuant to it • people vs. abets. public utilities or other facilities needed for the exercise and continued possession of power 4. • In rebellion. commit rebellion. • people vs. communication networks. Rape. • Public officer must take active part. on behalf of the rebels (person deemed leader when leader is unknown) NOTES: • Rebellion is the term used where the object of the movement is completely to overthrow and supersede the existing government. Directed against: a. • If the leader is unknown. supports. Any person in the government service who participates or executes directions or commands of others in undertaking coup d’etat (participants from government). • Purpose of the uprising must be shown but it is not necessary that it be accomplished. or aids in undertaking a coup d’etat (participants not from government). duly constituted authorities of the Philippines b. signed receipts and other documents issued in their name. COUP D’ ETAT ELEMENTS: 1. Committed by means of swift attack. Any person who in fact directed the others. directed the others. or in any manner. ART.
or other facilities for power Rising publicly and tumultuously (more than 3 men who are armed or provided with means of violence) Purpose Deliver the gov’t to the enemy during war Removing territory . networks or public utilities. See enumeration in article. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. or body of armed forces. or depriving the Chief Executive or Legislature Seizing or diminishing state power. Page 75 of 174 .Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 TREASON (114) REBELLION (134) COUP D’ETAT (134-A) SEDITION (139) National Security Nature of Crime Levying war against the gov’t. OR Adherence and giving aid or comfort to enemies Public Order Public Order Public Order Overt acts Public uprising AND Taking up arms against the gov’t Attack against authorities. military camp.
does he become guilty of conspiracy to commit rebellion. banners or other representations tending to the same end. The person who The act of inciting is proposes the done publicly. 136. Continuing to discharge the duties of their offices under the control of rebels. The person who It is not required that proposes has decided the offender has to commit rebellion. Two or more persons come to an agreement to rise publicly and take arms against the government. Deemed leader – reclusion perpetua COUP D’ETAT: 1. That he incites others to the execution of any of the acts of rebellion. CONSPIRACY AND PROPOSAL TO COMMIT COUP D’ ETAT. Deemed leader – reclusion perpetua NOTES: • Organizing a group of soldiers. the offender induces another to commit rebellion In both. That the inciting is done by means of speeches. Participants (not gov’t) – prision mayor 4. For any of the purposes of rebellion. For any of the purposes of rebellion. ACTS PUNISHABLE: 1. If they commit rebellion because of the QuickTime™ and a TIFF (Uncompressed) decompressor proposal or inciting. 2. 2. • If position is accepted in order to protect the people. the crime of rebellion should not be committed by the persons to whom it is proposed or who are incited. inciting may become a principal by inducement in the crime of rebellion. Accepting appointment to office under rebels.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ART. or 2. soliciting membership in. PENALTY FOR REBELLION. 137. 2. Proposes its execution to some other person/s. PROPOSAL TO INCITING TO COMMIT REBELLION REBELLION In both. Participants (gov’t) – reclusion temporal 3. Failing to resist rebellion by all the means in their power. ART. 135. decided to commit rebellion. Leaders – reclusion perpetua 2. INSURRECTION OR COUP D’ ETAT WHO ARE LIABLE AND PENALTIES: REBELLION: 1. (People vs. emblems. Hernandez ART. • The advocacy of Communism or Communistic theory is not a criminal act of conspiracy unless converted into advocacy of action. Participants – reclusion temporal 3. Leaders – reclusion perpetua 2. REBELLION OR INSURRECTION ELEMENTS OF CONSPIRACY: 1. and 3. and soliciting funds for the organization show conspiracy to overthrow the government. That the offender does not take arms or is not in open hostility against the government. INCITING TO REBELLION OR INSURRECTION ELEMENTS: 1. and 3. not covered by this article. DISLOYALTY OF PUBLIC OFFICERS OR EMPLOYEES ART. proclamations. execution of the crime uses secret means. the proponent or the one are needed to see this picture. Page 76 of 174 . and 3. NOTES: • There must be actual rebellion for this crime to be committed. writings. • The mere fact of giving and rendering speeches favoring Communism would not make the accused guilty of conspiracy if there is no evidence that the hearers then and there agreed to rise up in arms against the government. • It must not be committed in conspiracy with rebels or coup plotters for this crime to be committed. or 3. • Only when the Communist advocates action and actual uprising. They decide to commit it. war or otherwise. A person who has decided to rise publicly and take arms against the government. 138. ELEMENTS OF PROPOSAL: 1.
139. b. rebellion should not actually be committed by the persons to whom it was proposed. intimidation. PROPOSAL TO COMMIT REBELLION (136) The person who proposes has decided to commit rebellion. That they employ force. emblems etc. PENALTY FOR SEDITION ART. other persons participating in the sedition.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 NOTES: • Inciting must have been intentionally calculated to seduce others to rebellion. (People vs. 140. d. any act of hate or revenge against private persons or any social class. 142. are needed to see this picture. and 3. and 2. Perez) • Tumultuous uprising means that it is caused by more than 3 persons who are armed or provided w/ means of violence. The inciting is done publicly. or e. SEDITION ELEMENTS: 1. writings. any person. to prevent the promulgation or execution of any law or the holding of any popular election. 141. leader of the sedition. (People v. but there is no public uprising. municipality or PERSONS LIABLE: 1. 2. Uttering seditious words or speeches which tend to disturb the public peace. • If the purpose of the offenders is to attain the objects of rebellion or sedition by force or violence. CONSPIRACY TO COMMIT SEDITION NOTE: There must be an agreement and a decision to rise publicly and tumultuously to attain any of the objects of sedition in order to constitute crime of conspiracy to commit sedition. or the national government of all its property or any part thereof. ART. Tumultuously. to commit for any political or social end. INCITING TO SEDITION ACTS PUNISHABLE: 1. Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches. That the offenders employ any of those means to attain any of the following objects: a. Its ultimate object is a violation of the public peace or at least such a course of measures as evidently engenders it. Umali) • Preventing election through legal means is NOT sedition. to despoil. ART. QuickTime™ or prevent and a the execution of (Uncompressed) decompressor anyTIFF administrative order. 2. Publicly. for any political or social end. offender may be a private or public person. or any public officer thereof from freely exercising its or his functions. 141) but no proposal to commit sedition. or who were incited. • Common crimes are not absorbed in sedition. The person who proposes the execution of the crime uses secret means. ART. the proponent. • In sedition. NOTES: • Sedition is the raising of commotions or disturbances in the State. or the one inciting may become a principal by inducement in the crime of rebellion. to prevent the national government. to inflict any act of hate or revenge upon the person or property of any public officer or employee. and b. If they commit rebellion because of the proposal or incitement. province. or other means outside of legal methods. Page 77 of 174 . That the offenders rise – a. the crime committed is direct assault. INCITING TO REBELLION (138) Not required that the offender has decided to commit rebellion. • In both proposal to commit rebellion and in inciting to rebellion. or any provincial or municipal government. proclamations. c. • There is conspiracy to commit sedition (Art.
VIOLATION OF PARLIAMENTARY IMMUNITY. BODIES ELEMENTS: 1. Balance of Interests rule Chapter Two . which tend to disturb the public peace. cartoons. NOTE: Chief of Police and mayor who prevented the meeting of the municipal council are liable under Art. banners. libelous] libels against the government or any of the duly constituted authorities thereof. Knowingly concealing such evil practices. By using force. writing. An actual meeting of Congress or any of its committees. Attending the said meetings. intimidation. he disturbs any of such meetings b. constitutional commissions or committees or divisions thereof. emblems. 143. NOTE: Complaint must be filed by member of the Legislative body. 144. proclamations. 2. when they suggest or incite rebellious conspiracies or riots. Writing. That the offender does any of the following acts a. ACTS TENDING TO PREVENT THE QuickTime™ and a TIFF (Uncompressed) decompressor MEETING OF THE ASSEMBLY AND SIMILAR are needed to see this picture. and 3. constitutional commissions or committees or divisions thereof. the safety and order of the government. UTTERING AND WRITING PUNISHABLE: 1.CRIMES AGAINST POPULAR REPRESENTATION ART. 143. Accused may also be punished for contempt by the legislative body. Dangerous Tendency rule 2. Purpose is to prevent any member of Congress from: a. or circulating scurrilous [vulgar. mean. intimidation. or 4. or other representations tending to the same end. or 2. Casting his vote. when they lead or tend to stir up the people against the lawful authorities or to disturb the peace of the community. and 2. A projected or actual meeting of Congress or any of its committees or subcommittees. 2. b. ART. Clear and Present Danger rule 3. or from expressing his opinions or casting his vote. and . or 4. constitutional commissions or committees or divisions thereof. ELEMENTS: 1. ARTICLE 145. when they tend to disturb or obstruct any public officer in executing the functions of his office. or 3. That the offender who may be any person prevents such meeting by force or fraud. DISTURBANCE OF PROCEEDINGS ELEMENTS: 1. Expressing his opinions. 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. threats. or of any provincial board or city or municipal council or board. or c. That the inciting is done by means of speeches. threat or fraud 2. By arresting or searching any member thereof while Congress is in a regular or special session. 2. ACTS PUNISHABLE: 1. except in case such member has committed a crime punishable Page 78 of 174 3 RULES RELATIVE TO SEDITOUS WORDS: 1. when they tend to instigate others to cabal and meet together for unlawful purposes. That he incites others to the accomplishment of any of the acts which constitute sedition.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 3. That the offender does not take a direct part in the crime of sedition. or fraud to prevent any member of Congress from attending the meeting of the assembly or any of its committees. publishing. or of any provincial board or city or municipal council or board. ELEMENTS of ACT 1: 1. when the defect of the meeting is not manifest and requires an investigation before its existence can be determined. Offender uses force.
founders. Presumed that the one in possession of unlicensed firearm is the leader or organizer of the meeting NOTES: • Not all the persons present at the meeting of the first form of illegal assembly need to be armed. 145 should be amended to read “by the penalty of prision mayor or higher. • To be consistent with the 1987 Constitution. WHEN A PERSON CARRIES UNLICENSED FIREARM IN THE 1st ASSEMBLY: 1. rebellion or insurrection. mere members of the association ILLEGAL ASSEMBLY (146) ILLEGAL ASSOCIATION (147) Chapter Three . 2. A meeting in w/c the audience is incited to the commission of the crimes of treason. REQUISITES: 1. except from a crime that may arise from any speech that the member of Congress may deliver on the floor during regular or special session. The purpose of meeting is to commit any of the crimes punishable under RPC 2. the phrase “by a penalty higher than prision mayor” in Art. Meeting attended by armed persons for the purpose of committing any of the crimes punishable under the Revised Penal Code. ELEMENTS: 1. Presumed that the purpose of meeting is to commit any crime under RPC 2. 2. There’s a meeting – gather or group of persons whether fixed or moving. ILLEGAL ASSEMBLIES 2 TYPES OF ILLEGAL ASSEMBLIES: 1. or 2. There’s a meeting – gather or group of persons whether fixed or moving. and 2. • Persons liable for illegal assembly: • the organizers or leaders of the meeting • persons merely present at the meeting (except when presence is out of curiosity – not liable) • Presumptions if person present at the meeting carries an unlicensed firearm: • purpose of the meeting is to commit acts punishable under the RPC • considered as leader or organizer of the meeting ARTICLE 147. Offender is a public officer or employee.” REQUISITES: 1. directors and president of the association. 3. PERSONS LIABLE: 1. Meeting is attended by armed and a persons . ILLEGAL ASSOCIATIONS 2 KINDS OF ILLEGAL ASSOCIATIONS: 1. For some purpose contrary to public morals. He arrests or searches any member of Congress 3. Organizations totally or partially organized for the purpose of committing any of the crimes in RPC. Congress. member arrested o searched hasn’t committed a crime by a penalty prision mayor or higher. at the time of arrest or search is in regular or special session 4. NOTES: • Parliamentary immunity does not mean exemption from criminal liability. Must be an actual meeting No need for such of armed persons to commit any of the crimes punishable Page 79 of 174 . Audience whether armed or not is incited to the commission of the crime of treason. 146. 2.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 under the code by a penalty higher than prision mayor. sedition or assault upon a person in authority or his agent.QuickTime™ and decompressor TIFF (Uncompressed) are needed to see this picture. rebellion or insurrection.ILLEGAL ASSEMBLIES AND ASSOCIATIONS ART. sedition or direct assault.
3.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 under the RPC. 2. RESISTANCE AND DISOBEDIENCE Agent 2. ELEMENTS: 1. It is the meeting and the Act of forming or attendance at such that are organizing and punished membership in the association is punished Persons liable: leaders and those present Founders. rebellion. 148. is engaged in the actual performance of official duties (motive is not essential). board. or on the occasion of such performance. FORCE EMPLOYED Need not be serious Must be of serious character INTIMIDATION/ RESISTANCE Serious Serious ART. NOTES: General Rule: Direct assault is always complexed with the material consequence of the act (Ex. while TIFF (Uncompressed) decompressor are needed to see this picture. injure or assault). An agent is one who. is charged with the maintenance of public order and the protection and security of life and property. or b. No public uprising. municipal Page 80 of 174 • • . direct assault with murder). sedition or assault upon a person in authority of his agent. by direct provision of law or by election or by appointment by competent authority. (second form). are incited to the commission of treason. DIRECT ASSAULT 2 WAYS TO COMMIT DIRECT ASSAULT: 1. by attacking. Laying of hands). Without public uprising. Without public uprising. At the time of the assault the person in authority or his agent a. That there is no public uprising. 4. a Division Superintendent of Schools. Person assaulted is a person in authority or his agent. 2. Examples: Barrio councilman and any person who comes to the aid of the person in authority. although not armed.ASSAULT. (c) makes a serious intimidation. the consequent crime is absorbed. by employing force or intimidation for attainment of any of the purposes enumerated in defining the crimes of rebellion and sedition (first form) ELEMENTS: 1. directors. engaged in the performance of official duties. • • The force employed need not be serious when the offended party is a person in authority (Ex. or commission. and 3. President of Sanitary Division and a teacher. policeman. Aim of offender is to attain any of the purposes of the crime of rebellion and sedition. is assaulted by reason of the past performance of official duties (motive is essential). A person in authority is any person directly vested with jurisdiction (power or authority to govern and execute the laws) whether as an individual or as a member of some court or governmental corporation. (b) employs force. president and members Person in Authority Chapter Four . by employing force or by seriously intimidating or by seriously resisting any QuickTime™ and a person in authority o any of his agents. Offender employs force or intimidation. Pointing a gun). The intimidation or resistance must be serious whether the offended party is an agent only or a person in authority (Ex. and 5. or of individuals who. That the offender knows that the one he is assaulting is a person in authority or his agent (with intention to offend. or (d) makes a serious resistance. Examples: A barangay captain. Offender (a) makes an attack. Exception: If resulting in a light felony.
ELEMENTS – SIMPLE DISOBEDIENCE (par. when required to do so by the said bodies in the exercise of their functions. ARTICLE 149. NOTES: • Indirect assault can be committed only when a direct assault is also being committed. documents. sheriff. when the offender is a public officer or employee. 148. 1): 1. That a person in authority or his agent is engaged in the performance of official duty or gives a lawful order to the offender. According to Art 152: The person coming to the aid of the person in QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. Direct assault cannot be committed during rebellion. ITS COMMITTEES. records etc. postmaster. 149 and 150. and 3. SUBCOMMITTEES OR DIVISIONS • • • • QUALIFYING CIRCUMSTANCES: 1. because he acts in legitimate self-defense. That the offended party comes to the aid of such agent of a person in authority. (b) to answer any legal inquiry. 2. innocent party is entitled to defend himself and cannot be held liable for assault or resistance nor for physical injuries. Restraining another from attending as witness in such body. when the offender lays hand upon a person in authority ACTS PUNISHABLE: 1. and 3. • To be indirect assault.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 • • treasurer. agents of the BIR. Direct assault may be committed upon a private person who comes to the aid of a person in authority since he is then considered an agent of a person in authority. DISOBEDIENCE TO SUMMONS ISSUED BY THE NATIONAL ASSEMBLY. 2. There can be no assault upon or disobedience to one’s authority by another when they both contend that they were in the exercise of their respective duties. That the offender makes use of force or intimidation upon the said offended party. the person who should be aided is the agent and not the person in authority. or 3. That such disobedience is not of a serious nature. direct assault is still committed. Malacañang confidential agent. When assault is made by reason of the performance of his duty there is no need for actual performance of his official duty when attacked. INDIRECT ASSAULT ELEMENTS: 1. 2) 1. The direct assault is committed against an agent of a person in authority. Disobedience w/o legal excuse to summons issued by the Congress or any of its committees or subcommittees. ARTICLE 151. In the latter case. 3. it is already direct assault. That the act of the offender is not included in the provisions of arts. authority is considered an agent and an attack on the latter is already direct assault. Refusal of any person present before a legislative or constitutional body or official to: (a) to be sworn or placed under affirmation. 2. or (3) to produce books. That the offender disobeys such agent of a person in authority. Inducing disobedience to a summons or refusal to be sworn. When the person in authority or the agent provoked/attacked first. Even when the person in authority or the agent agrees to fight. RESISTANCE AND DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENTS OF SUCH PERSON ELEMENTS – RESISTANCE & SERIOUS DISOBEDIENCE (par. 2. Page 81 of 174 . when the assault is committed with a weapon. 2. That an agent of a person in authority is engaged in the performance of official duty gives a lawful order to the offender. BY THE CONSTITUTIONAL COMMISSIONS. ARTICLE 150. and 3. That the offender resists or seriously disobeys such person in authority or his agent. ITS COMMITTEES OR SUBCOMMITTEES. or 4.
Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007
NOTES: • While being arrested and there’s serious resistance, person resisting must know that the one arresting him is an officer • Picketing (economic coercion) must be lawful otherwise police can disperse them • Disobedience in 2nd par. must not be serious. Otherwise it will fall under the 1st par. • Resistance mustn’t be serious otherwise it’s direct assault. d. Lawyers in the actual performance of their professional duties or on the occasion of such performance AGENT OF PERSON IN AUTHORITY –any person who, by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property. They include: a. Barrio councilman b. Barrio policeman c. Barangay leader d. Any person who comes to the aid of persons in authority Notes: • Section 388 of the Local Gov’t. Code provides that for purposes of the RPC, the punong barangay, sangguniang barangay members and members of the lupong tagapamayapa in each barangay shall be deemed as persons in authority in their jurisdictions. • Other barangay officials and members who may be designated by law or ordinance and charged with the maintenance of public order, protection and the security of life, property, or the maintenance of a desirable and balanced environment, and any barangay member who comes to the aid of persons in authority shall be deemed agent of persons in authority. • It seems that teachers, professors, lawyers etc could be considered as persons in authority not only for Arts. 148 and 151 but also for Art 149 (L.B. Reyes)
DIRECT ASSAULT (148)
PIA or his agent must be engaged in the performance of official duties or that he is assaulted by reason thereof Direct assault is committed in 4 ways – by attacking, employing force, seriously intimidating, and seriously resisting a PIA or his agent. Use of force against an agent of PIA must be serious and deliberate.
RESISTANCE & DISOBEDIENCE TO A PERSON IN AUTHORITY (PIA) OR AGENTS OF SUCH PERSON (151) PIA or his agent must be in the actual performance of his duties. Committed by resisting or seriously disobeying a PIA or his agent.
Simple disobedience – force against an agent of a PIA is not so serious; No manifest intention to defy the law & officers enforcing it.
Chapter Five - PUBLIC DISORDERS ARTICLE 152. PERSONS IN AUTHORITY AND AGENTS OF PERSONS IN AUTHORITY – WHO SHALL BE DEEMED AS SUCH PERSON IN AUTHORITY –any person directly vested with jurisdiction, whether as an individual or QuickTime™ and a TIFF some (Uncompressed) decompressor as a member of court or governmental are needed to see this picture. corporation, board or commission. They include: a. Barangay captain b. Barangay chairman For the purposes of Art. 148 and 151: a. Teachers b. Professors c. Persons charged with the supervision of public or duly recognized private schools, colleges and universities ARTICLE 153. TUMULTS AND OTHER DISTURBANCES OF PUBLIC ORDER – TUMULTUOUS DISTURBANCE OR INTERRUPTION LIABLE TO CAUSE DISTURBANCE
TUMULTS AND OTHER DISTURBANCES: 1. Causing any serious disturbance in a public place, office or establishment; 2. Interrupting or disturbing public performances, functions, gatherings or peaceful meetings, if the act is not included
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in Art 131 and 132 (Public Officers interrupting peaceful meetings or religious worship); 3. Making any outcry tending to incite rebellion or sedition in any meeting, association or public place; 4. Displaying placards or emblems which provoke a disturbance of public order in such place; 5. Burying with pomp the body of a person who has been legally executed. TUMULTUOUS - caused by more than 3 persons who are armed or provided with means of violence. NOTES: • If the act of disturbing or interrupting a meeting or religious ceremony is not committed by public officers, or if committed by public officers who are participants therein, this article applies. Art 131 and 132 punishes the same acts if committed by public officers who are not participants in the meeting. • The outcry is merely a public disorder if it is an unconscious outburst which, although rebellious or seditious in nature, is not intentionally calculated to induce others to commit rebellion or sedition, otherwise, it is inciting to rebellion or sedition. • Qualifying circumstance – if it is TUMULTUOUS ARTICLE 154. UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL UTTERANCES before they have been published officially. 3. Printing, publishing or distributing or (causing the same) books, pamphlets, periodicals or leaflets which do not bear the real printer’s name, or which are classified as anonymous.
ARTICLE 155. ALARMS AND SCANDALS
ACTS PUNISHABLE: 1. Discharging any firearm, rocket, firecracker, or other explosive within any town or public place, calculated to cause alarm or danger. 2. Instigating or taking active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility. 3. Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusement. 4. Causing any disturbance or scandal in public places while intoxicated or otherwise, provided the act is not covered by Art 153 (tumult). NOTES: • Charivari is a mock serenade or discordant noises made with kettles, tin horns etc., designed to deride, insult or annoy. • Firearm must not be pointed at a person, otherwise, it is illegal discharge of firearm (Art. 254). • What governs is the result, not the intent of the offender.
ACTS PUNISHABLE: Publishing or causing to be published, by means of printing, lithography or any other means of publication as news any false QuickTime™ and a (Uncompressed) decompressor news that TIFF may endanger the public order, are needed to see this picture. or cause damage to the interest or credit of the State. 1. Encouraging disobedience to the law or to the constituted authorities or by praising, justifying or extolling any act punished by law, by the same means or by words, utterances or speeches. 2. Maliciously publishing or causing to be published any official resolution or document without proper authority, or
ARTICLE 156. DELIVERING PRISONERS ELEMENTS: 1. That there is a person confined in a jail or penal establishment; 2. That the offender removes therefrom such person, or helps the escape of such person. NOTES: • Prisoner may be detention prisoner or one sentenced by virtue of a final judgment. • Escapee, if already serving final judgment, will in turn be held liable for evasion of sentence (Art. 157).
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If merely detention prisoner he is not criminally liable. • The offender is an outsider to the jail. If the offender is a public officer or a private person who has custody of the prisoner and who helps a prisoner under his custody, Arts. 223 (infidelity in the custody of a prisoner) and 225 (escape of prisoner under custody of private person) will apply, respectively. • This felony may also be committed through imprudence or negligence. • Circumstance qualifying: use of violence, intimidation or bribery. • Mitigating circumstance: if it takes place outside the penal establishment by taking the guards by surprise. • ARTICLE 158. EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF DISORDERS, CONFLAGRATIONS, EARTHQUAKES, OR OTHER CALAMITIES ELEMENTS: 1. That the offender is a convict by final judgment who is confined in a penal institution. 2. That there is disorder, resulting from: a. conflagration, b. earthquake, c. explosion, d. similar catastrophe, or e. mutiny in which he has not participated; 3. That the offender evades the service of his sentence by leaving the penal institution where he is confined, on the occasion of such disorder or during the mutiny; and 4. That the offender 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. NOTES: • Penalty of commission of this felony is an increase by 1/5 of the time remaining to be served under the original sentence, in no case to exceed 6 months. • The special allowance for loyalty (i.e. deduction of sentence) authorized by nd Articles 98 and 158(2 paragraph) refers to those convicts, who having evaded the service of their sentences by leaving the penal institution, give themselves up within 48 hours. • A mutiny is an organized unlawful resistance to a superior officer, a sedition, or a revolt. Disarming the guards is not mutiny. ARTICLE 159. OTHER CASES OF EVASION OF SERVICE OF SENTENCE ELEMENTS: 1. That the offender was a convict; 2. That he was granted a conditional pardon by the chief executive; and 3. That he violated any of the conditions of such pardon. TWO PENALTIES: 1. prision correccional in its minimum period – if the penalty remitted does not exceed 6 years.
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Chapter Six – EVASION OF SENTENCE OR SERVICE
ART 157. EVASION OF SERVICE OF SENTENCE ELEMENTS: 1. That the offender is a convict by final judgment; 2. That he is serving his sentence which consists in deprivation of liberty (destierro included); and 3. That he evades the service of his sentence by escaping during the term of his sentence. NOTES: • This is a continuing offense. • This article does not apply to minor delinquents, detention prisoners, or deportees. • If the offender escaped within the 15-day appeal period, crime is not evasion because judgment is not yet final. • Circumstances qualifying the offense: QuickTime™ and a Evasion ofTIFF sentence was done through: (Uncompressed) decompressor are needed to see this picture. • unlawful entry (by “scaling”); • breaking doors, windows, gates, walls, roofs or floors; • using picklocks, false keys, disguise, deceit, violence or intimidation; or • connivance with other convicts or employees of the penal institution.
USING FORGED SIGNATURE OR COUNTERFEIT SEAL OR STAMP ELEMENTS: 1. That the great seal of the Republic was counterfeited or the signature or stamp of the chief executive was forged by another person. after having been convicted by final judgment. NOTES: • Offender must have been found guilty of the subsequent offense (through w/c he violated his conditional pardon) before he can be prosecuted under this Article. • When the penalty remitted is destierro. or habitual delinquent If new felony is evasion of sentence. 160. COUNTERFEITING THE GREAT SEAL OF THE GOVERNMENT OF THE PHILIPPINE ISLANDS. That he used the counterfeit seal or forged signature or stamp. shall QuickTime™ before and a commit a TIFF new felony beginning to (Uncompressed) decompressor needed to see this picture. 2. NOTE: When the signature of the President is forged. Page 85 of 174 . FORGING THE SIGNATURE OR STAMP OF THE CHIEF EXECUTIVE ACTS PUNISHABLE: 1. President has the power to arrest.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 2. no conviction is necessary. it is not falsification but forging of signature under this article. 2. offender is not a quasi-recidivist. ARTICLE 161. Forging the stamp of the President. ARTICLE 162. Code. and 2. That he committed a new felony before beginning to serve such sentence or while serving the same. or while serving the same. on the other hand. the unexpired portion of his original sentence – if the penalty remitted is higher than 6 years.PENALTY NOTE: this article provides for quasi-recidivism ELEMENTS: 1. Mitigating circumstance can only be appreciated if the maximum penalty is divisible. • The aggravating circumstance of reiteracion. Minority) • TITLE FOUR CRIMES AGAINST PUBLIC INTEREST Chapter Seven – COMMISSION OF ANOTHER CRIME Chapter One – Forgeries ART. (Ex. Forging the great seal of the Government. That the offender was already convicted by final judgment of one offense. requires that the offender shall have served out his sentence for the prior offense. NOTES: • Quasi-recidivism is a special aggravating circumstance where a person. or 3. That the offender knew of the counterfeiting or forgery. First crime may be either from the RPC or special laws. The penalty: maximum period of the penalty for the new felony should be imposed. and reincarcerate offender without trial. Quasi-Recidivism may be offset by a special privileged mitigating circumstance. But under the Revised Admin. Forging the signature of the President. COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANTOHER PREVIOUS OFFENSE . under no circumstance may the penalty for the violation of conditional pardon be destierro. serve such are sentence. • Second crime must belong to the RPC. • • • General Rule: A quasi-recidivist may be pardoned at age 70… Exception: Unworthy. not special laws. and 3.
he connives with counterfeiters or importers. knowledge 2. if it is forged. • This article also applies to Philippine coins. • There must be intention to mutilate ARTICLE 164. foreign state coins. ACTS PUNISHABLE: 1. • R. • Counterfeiting is the imitation of legal or genuine coin such as to deceive an ordinary person in believing it to be genuine. That. with intent to utter the same. willful defacement 2. knowing the same to be false or mutilated. That there be false or counterfeited coins (need not be legal tender). WITHOUT CONNIVANCE ELEMENTS: 1. and coins withdrawn from circulation. imported or uttered such coins. Page 86 of 174 . knowledge NOTES: • Possession or uttering does not require that coins be legal tender. OBLIGATIONS AND SECURITIES ACTS PUNISHABLE: 1. and 2. and 3. • Foreign notes and coins not included under this article. burning 5. Forging or falsification of treasury or bank notes or documents payable to bearer. or if it is not authorized by the government as legal tender. It is a measure of national policy to protect the people from the conspiracy of those hoarding silver or nickel coins and to preserve and maintain the economy.00. and 3. 2. 2. That the offender either made. IMPORTING AND UTTERING FALSE OR FORGED NOTES.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 NOTE: Offender is NOT the forger or the cause of the counterfeiting ARTICLE 163. MAKING AND IMPORTING AND UTTERING FALSE COINS ARTICLE 165. ARTICLE 166. OBLIGATIONS AND SECURITIES. Uttering of such false or forged obligations and notes in connivance with forgers and importers. FORGING TREASURY OR BANK NOTES. actually uttering. with intent to utter. This does not require that the coins counterfeited be legal tender. possession 2. destruction of Central Bank notes and coins NOTES: • Mutilation is to take off part of the metal either by filing it or substituting it for another metal of inferior quality. Actually uttering such false or mutilated coin. in case of uttering such false or counterfeited coins. MUTILATION OF COINS – IMPORTATION AND UTTERANCE OF MUTILATED COINS This has been repealed by PD 247. Mutilation must be of Philippine legal tender. to diminish by ingenious means the metal in the coin. ACTS PUNISHABLE (PD 247): 1. deliver or give away. Possession of a coin. SELLING OF FALSE OR MUTILATED COIN. • To utter is to pass counterfeited coins. • Crime under this article includes constructive possession or the subjection of the thing to ones’ control. • To import is to bring them into port. counterfeited or mutilated by another person. 4. regardless if it is of intrinsic value. ELEMENTS: 1. 427 punishes possession of silver or nickel coins in excess of P50. Importation is complete even before entry at the Customs House. mutilation QuickTime™ and a 3. NOTES: • A coin is counterfeit. Importing of such notes.A. knowing that it is false or mutilated. or 3. tearing TIFF (Uncompressed) decompressor are needed to see this picture. ELEMENTS: 1.
the crime is frustrated. 247 punishes the willful defacement. 3. IMPORTING. burning.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 NOTES: • Forging is committed by giving a treasury or bank note or document payable to bearer or order an appearance of a true and genuine document. drafts for money. by erasing. without intent to use it to the damage of another. • Falsification is committed by erasing. FALSIFICATION OF LEGISLATIVE DOCUMENTS ELEMENTS: 1. • • If all acts are done but genuine appearance is not given. • • The act sought to be punished is knowingly possessing with intent to use any of such forged treasury or bank notes. ARTICLE 168. • Obligation or security includes bonds. P. That the offender knows that any of those instruments is forged or falsified. signs contained therein. tearing. That there be a bill. national bank notes. That the alteration has changed the meaning of the document. using any of such forged or falsified instruments. 171 applies. possessing with intent to use any of such forged or falsified instruments. The accused has the burden to give a satisfactory explanation of his possession of forged bills. Mere possession of false money bill. or destruction in any manner of currency notes or coins issued by the Central Bank of the Philippines. altering by any means the figures. COUNTERFEITING. or other obligation and security payable to bearer. • • Accused must not be a public official entrusted with the custody or possession of such document. ELEMENTS: 1. words. Example: falsifying lotto or sweepstakes ticket constitutes the complex crime of attempted estafa through falsification of a government security. or Page 87 of 174 . by giving to a treasury or bank note or any instrument payable to bearer or to order. certificates of deposit. That in case of uttering. That the offender (any person) alters the same. 2. bills. coupons. That there be an instrument payable to order or other document of credit not payable to bearer. imported or uttered such instruments. That he has no proper authority therefor. letters or words. 2. b. 2. is not a crime. mutilation. There can be no falsification through reckless imprudence as that will be inconsistent with the element of intent to cause damage in said crime. ARTICLE 169. and 3. or any instrument payable to order or other document of credit not payable to bearer is forged or falsified by another person. HOW FORGERY IS COMMITTED HOW FORGERY IS COMMITTED: a. That is falsification of commercial document under Article 172. No. substituting. resolution. the appearance of a true and genuine document. or signs contained therein. counterfeiting or altering by any means the figures and letters. That any treasury or bank note or certificate are needed to see this picture.D. • Forging PNB checks is not included under this article. and 4. or ordinance enacted or approved or pending approval by Congress or any provincial board or municipal council. and 3. substituting. certificate of indebtedness. ARTICLE 167. treasury notes. checks. AND UTTERING INSTRUMENTS NOT PAYABLE TO BEARER b. That he performs any of these acts: a. otherwise Art. and sweepstakes money. Elements: QuickTime™ and a TIFF (Uncompressed) decompressor 1. he connived with the forger or importer. counterfeiting. ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK NOTES AND OTHER INSTRUMENTS OF CREDIT ARTICLE 170. That the offender either forged.
That the offender. or notary public. Ecclesiastical minister if the act of falsification may affect the civil status of persons 3. or an attempt to imitate. and 2) That the two signatures or handwritings. Intercalating any instrument or note relative to the issuance thereof in a protocol. Page 88 of 174 . Counterfeiting or imitating handwriting. Causing it to appear that persons have participated in an act or a proceeding 1. and 3. but such is not an impediment conviction under par. b. the act of falsification is committed with respect to any record or document of such character that its falsification may affect the QuickTime™ and a (Uncompressed) decompressor civil status of TIFF persons. in making a document. PERSONS WHO MAY BE HELD LIABLE 1. That such person or persons made statements in that act or proceeding. ACTS OF FALSIFICATION a. That he has a legal obligation to disclose the truth of the facts narrated by him 3. He has the duty to make or to prepare or otherwise to intervene in the preparation of the document. a. Issuing in authenticated form a document purporting to be a copy of an original document when no such original exists. or b. That the offender caused it to appear in a document that a person or persons participated in an act or a proceeding 2. attributed to such person or persons statements other than those in fact made by such person or persons statements in a d. That such person did not in fact participate in the act or proceeding c. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them. That the facts narrated by the offender are absolutely false. He has the official custody of the document which he falsifies 3. Making untruthful statements in a narration of facts. signature or rubric. Public officer. registry or official book. EMPLOYEE OR NOTARY OR ECCLESIASTICAL MINISTER ELEMENTS: 1. That he takes advantage of his official position.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ARTICLE 171. or including in such copy a statement contrary to. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate c. 2. any COUNTERFEITING ELEMENTS: 1) That there be an intent to imitate. 1. e. employee. signature or rubric. d. In case the offender is an ecclesiastical minister. h. FALSIFICATION BY PUBLIC OFFICER. a a 1 to b. 2. f. bear some resemblance. g. the genuine and the forged. Counterfeiting or imitating any handwriting. that of the genuine original. Altering true dates. if in conspiracy with public officer ELEMENTS: 1. That the offender is a public officer. employee. Private individual. or notary public who takes advantage of his official position 2. are needed to see this picture. Making untruthful narration of facts. Making any alteration or intercalation in a genuine document which changes its meaning. That the offender makes in a document statements in a narration of facts 2. Attributing to persons who have participated in any act or proceeding statements other than those in fact made by them. • Lack of similitude/imitation of genuine signature will not be ground for conviction under par. That he falsifies a document by committing any of the following acts: a. to each other. or different from. 4. That a person or persons participated in an act or a proceeding 2.
That he committed any of the acts of falsification enumerated in ART. That the alteration or intercalation has QuickTime™ and a a document changed the meaning of TIFF (Uncompressed) decompressor are needed to see this picture.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 4. OR COMMERCIAL DOCUMENT BY A PRIVATE INDIVIDUAL (par 1): 1. OFFICIAL. 3. official bodies and tribunals. FALSIFICATION BY PRIVATE INDIVIDUALS AND USE OF FALSIFIED INSTRUMENTS ELEMENTS OF FALSIFICATION OF PUBLIC. or different from. It is enough that it gives an appearance of a genuine article. it is presumed. That the perversion of truth in the narration of facts was made with the wrongful intent of injuring a third person • • There must be a narration of facts. Legal obligation means that there is a law requiring the disclosure of the truth of the facts narrated. e. This kind of falsification may be committed by omission. Lack of malice or criminal intent may be put up as a defense under this article. negligence falsification through • h. 172. Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists. ARTICLE 172.any written statement by which a right is established or an obligation is extinguished COUNTERFEITING – intent or attempt to imitate FEIGNING . not a conclusion of law. That the falsification was committed in any public or official or commercial document. and of the public officers. DOCUMENT . That the change made speak something false g. Page 89 of 174 . GR 146731. Narration must be on a material matter. That it was made on a genuine document 3. • This involves a genuine document • There is no crime of attempted or frustrated falsification of public document. judicial and executive. the document 4. Documents acknowledged before notary public except last wills and testaments. • • • Under this paragraph. Intercalating any instrument or note relative to the issuance thereof in a protocol. damage is not essential. The following writings are public: a. • It is not necessary that what is falsified is a genuine or real document. 171. or including in such copy a statement contrary to. Residence certificates • if no knowledge. Making any alteration or intercalation in a genuine document which changes its meaning. b. Ex. Enemecio failed to point to any law imposing upon Bernante the legal obligation to disclose where he was going to spend his leave of absence. That there be an alteration (change) or intercalation (insertion) on a document 2. “Legal obligation” means that there is a law requiring the disclosure of the truth of the facts narrated. The person making the narration of facts must be aware of the falsity of the facts narrated by him.to represent by false appearance when no original exists Enemecio v. registry or official book. Bernante may not be convicted of the crime of falsification of public document by making false statements in a narration of facts absent any legal obligation to disclose where he would spend his vacation leave and forced leave. 1/13/04 As the Ombudsman correctly pointed out. he may still be liable for falsification of documents by a private person under Art. • If offender does not take advantage of his public position. ELEMENTS: 1. • Date must be essential • Alteration mujst affect veracity of document or effects f. Altering true dates. whether of the Philippines or of a foreign country. Office of the Ombudsman. written official acts or records of acts of the sovereign authority. That the offender is a private individual or a public officer or employee who did not take advantage of his official position. legislative. that of the genuine original. 2.
A mere blank form of an official document is not in itself a document. cash files. 172): Introducing in a judicial proceeding 1. 1 and 2 of art. deposit slips and bank statements. journals. • • • • • • ELEMENTS OF USE OF FALSIFIED DOCUMENT (par. A private document may acquire the character of a public document when it becomes part of an official record and is certified by a public officer duly authorized by law. 4. • document. That he introduced said document in evidence in any judicial proceeding. 2. what is punished is the violation of public faith and perversion of truth which the document proclaims. FALSIFICATION OF PRIVATE DOCUMENTS Damage to third party is an element of the offense.can be committed only by a public officer or notary public who takes advantage of his official position since the authentication can be made only by the custodian or the one who prepared and retained a copy of the original document c. official or commercial. and 2. ledgers. of private documents required by law to be entered therein. That the offender knew that a document was falsified by another person. That the falsification was committed in any private document. Cash disbursement vouchers or receipts evidencing payments are not commercial documents. The use was so closely connected in time with the falsification. Issuing in authenticated form a document(art. The user had the capacity of falsifying the document. 171 or in any subdivisions nos. Use in any other transaction 1. 3. enumerated in art. there was no damage or intent to cause damage. kept in the Philippines. 171(7)) purporting to be a copy of an original document when no such original exists. The crime is falsification of public documents even if the falsification took place before the private document became part of the public records. That the use of the documents caused damage to another or at least was used with intent to cause such damage. 172. letters of credit and other negotiable instruments. 172. That the offender committed any of the acts of falsification. the falsification is not punishable. and 3. 1 and 2 of art. that of the genuine original . • If the estafa was already consummated at the time the falsification of a private document was committed for the purpose of concealing the estafa. 3. That the falsification caused damage to a third party or at least the falsification was committed with intent to cause such damage . • It is not necessary that the offender profited or hoped to profit • A document falsified as a necessary means to commit another crime (complex crime) must be public. Commercial documents: warehouse receipts. That he used such documents (not in judicial proceedings). 171. bank checks.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Public records. • There is no falsification through reckless imprudence if the document is private and no actual damage is caused. there is no complex crime of estafa through QuickTime™ and a falsification of a private document because the TIFF (Uncompressed) decompressor are needed to see this picture. That the false document is embraced in art. The user of the falsified document is deemed the author of the falsification. or different from. art. 171 or in any of subdivision nos. That the offender knew that a document was falsified by another person. 3. if: 1. FALSIFICATION OF PUBLIC/ OFFICIAL DOCUMENTS Damage to third persons is immaterial. airway bills. As regards the falsification of the private Page 90 of 174 . Hence. The possessor of falsified document is presumed to be the author of the falsification. or including in such copy a statement contrary to. drafts. ELEMENTS OF FALSIFICATION OF PRIVATE DOCUMENT: 1. 2. 2. That the false document is embraced in art. immediate effect of the latter is the same as that of estafa. books. except those in paragraph 7 and 8.
telegraph. or . Using such falsified message. b. 173. also punish constructive possession. Physician or surgeon who. CABLE. ELEMENTS: a. That the use of the falsified dispatch resulted in the prejudice of a third party. Public officer who issued a false certificate of merit of service. Certificate of residence 3. dies or marks or other instruments or implements for counterfeiting or falsification. telegraph. That the offender knew that the certificate was false. NOTES: • The implements confiscated need not form a complete set. FALSE CERTIFICATES OF MERIT OR SERVICE. That the accused used such falsified dispatch. must be engaged in the service of sending or receiving wireless. Private individual who falsified a certificate under (1) and (2).falsifying wireless. ELEMENTS: a. punishes private and a (Uncompressed) decompressor individualsTIFF who forge or alter telegram. and c. 1851. 2.any writing by which testimony is given that a fact has or has not taken place ELEMENTS: 1. telegraph or telephone message or falsifying message. or a public officer has issued a false certificate of merit or service. ARTICLE 175. issued a . Page 91 of 174 • ARTICLE 174. TELEGRAPH. cable and telegraph or telephone message. Article 172 does not apply because it is limited only to those false documents embraced in Articles 171 and 172. cable. 4. That a physician or surgeon has issued a false medical certificate. That he used the same. That the accused commits any of the following acts: . or that the use thereof was with intent to cause such prejudice. Ex. false certificate which refers to the illness or injury of a person. That the accused knew that wireless. are needed to see this picture. • The public officer. wireless. cable or telephone message. QuickTime™ Sec. or a private person had falsified any of said certificates. or similar circumstances. 2. cable. Uttering fictitious. FALSIFICATION OF WIRELESS. good conduct or similar circumstances. telegraph.uttering fictitious wireless. and b. engaged in the service of sending or receiving wireless. 2. Possessing with intent to use the instruments or implements for counterfeiting or falsification made in or introduced into the Philippines by another person. • Article 165 and 176 of the Revised Penal Code. • When any of false certificates mentioned in Article 174 is used in judicial proceedings. Making or introducing into the Philippines any stamps. and 3. FALSE MEDICAL CERTIFICATES. cable. or telephone message. It is enough that they may be employed by themselves or together with other implements to commit the crime of counterfeiting or falsification. ETC PERSONS LIABLE: 1.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ARTICLE 173. AND TELEPHONE MESSAGES. or telephone message was falsified by any of the person specified in the first paragraph of art. to be liable. USING FALSE CERTIFICATES CERTIFICATE . • Constructive possession is also punished. good conduct. or telephone message • A private individual may be a principal by inducement but not direct participation 2. AND USE OF SAID FALSIFIED MESSAGES ACTS PUNISHABLE: 1. Act No. ARTICLE 176. MANUFACTURING AND POSSESSION OF INSTRUMENTS OR IMPLEMENTS FOR FALSIFICATION ACTS PUNISHABLE: 1. That the offender is an officer or employee of the government or an officer or employee of a private corporation. in connection with the practice of his profession.
• There must be positive. Ex. To cause damage to public interest. ARTICLE 177. then the charge of usurpation will not apply. To conceal a crime. 2. she was then designated Officer-In-Charge of the BIR by President Gloria Macapagal-Arroyo. or to cause damage to public interest CONCEALING TRUE NAME (178) Publicity not necessary Purpose is only to conceal identity Page 92 of 174 . Representation may be shown by acts. That the offender uses a name other than his real name. USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS ACTS PUNISHABLE: 1. his true name. consular. she was clothed with authority to issue the same in view of her appointment as the then Officer-In-Charge of the BIR. While it is true that under Sec. • Sec. It is not necessary that he performs an act pertaining to a public officer. and 2. Desierto Estrada v. That the purpose is only to conceal his identity. 3. That the purpose of the offender is – a. See Estrada v. 1 RA 75 punishes any person who shall falsely assume and take upon himself to act as a diplomatic. however. Desierto. b. to evade the execution of a judgment.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Commissioner. NOTES: • In usurpation of authority. Usurpation of authority: By knowingly and falsely representing oneself to be an officer. the charge for Usurpation of Official Function does not apply to said respondent. 12/9/04 Hefti was charged with Usurpation of Official Function for issuing a notice of distraint. agent or representative of any department or agency of the Philippine or any foreign government 2. in addition to penalties imposed in RPC. or any other official of a foreign government duly accredited as such to the Government of the Republic of the Philippines with intent to defraud such foreign government or the Government of the Philippines. That the offender conceals – a. all other personal circumstances. Signing fictitious name for a passport ELEMENTS OF CONCEALING TRUE NAME: 1. neededor to see this picture. USING FICTITIOUS NAME AND CONCEALING TRUE NAME ELEMENTS OF USING FICTITIOUS NAME: 1. Hence. and b. • Note: the usurpation must pertain to a department or agency of the Philippine Government or any foreign government. • In usurpation of official functions. To evade the execution of a judgment. USE OF FICTITIOUS NAME (178) Element of publicity must be present Purpose is to conceal a crime. it is essential that the offender should have performed an act pertaining to a person in authority. or c. the mere act of knowingly and falsely representing oneself is sufficient. xxx Suffice it to say that when respondent Hefti issued the notice of distraint. 206 of the NIRC as amended. a function of the BIR Chapter Two – OTHER FALSITIES ARTICLE 178. • A public officer may also be an offender. and without being lawfully entitled to do so. 2001. Usurpation of official functions: By performing an act pertaining to any person in authority or public officer of the Philippines or foreign government under the pretense of such official position. the Commissioner of the BIR and not any Officer of the BIR was the one granted with the power to issue a notice of distraint. GR 156160.000 or shall be imprisoned for not QuickTime™ and a (Uncompressed) decompressor more than TIFF 5 are years both. as evidenced by a photocopy of her Memorandum of Appointment dated January 23. it bears to stress. express and explicit representation and not merely a failure to deny. • If it can be proven that the usurpation of authority or official functions by accused was done in good faith or under cloth of authority. That he uses that fictitious name publicly. the offender shall be fined not more than P5. that when respondent Hefti exercised such function of the BIR Commissioner. Ex.
uniform or dress is used publicly and improperly. Any person who uses any name different from the one w/ w/c he was registered at birth in the office of the local civil registry. . and 4. Exempted from criminal liability are persons who use another name as a pseudonym solely for literary. uniform or dress. • The defendant must at least be sentenced to a correctional penalty or a fine. • However. or other entertainment purposes and in athletic events. That there be a Criminal proceeding. it cannot be committed through negligence. 3. decoration or regalia of foreign State with intent to deceive or mislead is punished by RA 75 by a fine not exceeding P200 or imprisonment not exceeding 6 months. television. Any person who having been baptized with a name different from what was registered. not punishable • Using naval.000 or by imprisonment for not less than one month or not exceeding two years. military. That the insignia. Offender testifies falsely under oath against the defendant therein. or who uses a pseudonym. ILLEGAL USE OF UNIFORMS OR INSIGNIA ELEMENTS: 1. 2. shall deny the truth or say something contrary to it NOTES: • Violation of this article requires criminal intent. 2. and 2. and TIFF (Uncompressed) decompressor are needed to see this picture. or such substitute name as may have been authorized by a competent court. 3. represents himself in any public or private document w/o stating or affixing his real or original name or aliases or pseudonym he is authorized to use.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 C. uniform or dress pertains to an office not held by the offender or to a class of persons of which he is not a QuickTime™ and a member. false testimony in this Page 93 of 174 ELEMENTS: 1. or who had obtained judicial authority for use of an alias. 142 (Anti-Alias Law) • Wearing the uniform of an imaginary office. • Penalty depends upon sentence imposed on the defendant except in the case of a judgement of acquittal. or w/ w/c he was registered in the bureau of immigration upon entry. The defendant against whom the false testimony is given is either acquitted or convicted in a final judgment. being under oath and required to testify as to the truth of a certain matter at a hearing before a competent authority.A. or both • Wearing insignia. FALSE TESTIMONY AGAINST A DEFENDANT PERSONS LIABLE: 1. Offender knows that it is false. Hence. • The witness who gave false testimony is liable even if the court did not consider his testimony. police or other official uniform. FALSE TESTIMONY . NOTES: • An exact imitation of the dress or uniform is unnecessary. Since Art. • The offender need not impute guilt upon the accused to be liable. That said insignia. badge or emblem of rank of the members of the Armed Forces of the Philippine or Constabulary is punished by RA 493 by a fine of not less than P100 and not exceeding P2.committed by a person who. a colorable resemblance calculated to deceive is sufficient • The term “improperly” means that the offender has no right to use the uniform or insignia. cinema. except if used in playhouse or theater or in moving picture films ARTICLE 180. radio. or must have been acquitted. a common-law wife does not incur criminal liability under the Anti-Alias Law if she uses the surname of the man she has been living w/ for the past 20 years and has been introducing herself to the public as his wife. NOTES: • A judicial authority must be first secured by a person who desires to use an alias. 180 does not prescribe the penalty where the defendant in a criminal case is sentenced to a light penalty. or both. NO. That the offender makes use of insignia. ARTICLE 179.
That the testimony must be TIFF (Uncompressed) decompressor are needed to see this picture.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 instance cannot be punished considering that a penal must be strictly construed. he is not liable. as long as it is made for a legal purpose. and 4. FALSE TESTIMONY IN OTHER CASES AND PERJURY IN SOLEMN AFFIRMATION ELEMENTS: 1. ARTICLE 183. • Even if there is no law requiring the statement to be made under oath. • Rectification made spontaneously after realizing mistake is not false testimony (Not liable if there is no evidence that accused acted with malice or criminal intent to testify falsely) • The penalty in this article is less than that which is provided in the preceding article because there is no danger to life or liberty of the defendant. the crime is perjury. FALSE TESTIMONY IN CIVIL CASES ELEMENTS: 1. That the testimony must relate to the issues presented in said case. That the sworn statement or affidavit containing the falsity is required by law. In this case. That the false testimony must defendant knowing the same to be false. QuickTime™ and afalse. • False testimony in favor of defendant need not directly influence the decision of acquittal nor benefit the defendant(intent to favor defendant sufficient) • A statement of mere opinion is not punishable. • Perjury is an offense which covers false oaths other than those taken in the course of judicial proceedings. 2. • Basis of penalty: amount involved in the civil case. authorized to receive and administer oath. and 5. • Conviction or acquittal is not necessary (final judgment is not necessary). . the one inducing another as principal by inducement and the one induced as principal by direct participation. it is sufficient. but gravity of crime in principal case should be shown • A defendant who voluntarily goes up on the witness stand and falsely imputes to another person the commission of the offense is liable under this article. If he merely denies the commission of the offense. Two (2) Ways Of Committing Perjury: a. That the testimony must be given in a civil case. • There is no perjury through negligence or imprudence since the assertion of falsehood must be willful and deliberate. • Solemn affirmation refers to non-judicial proceedings and affidavits. That the statement or affidavit was made before a competent officer. That the testimony must be malicious and given with an intent to affect the issues presented in the said case. • A false affidavit to a criminal complaint may give rise to perjury. That in that statement or affidavit. • A “competent person authorized to administer an oath” means a person who has a right to inquire into the questions presented to him upon matters under his jurisdiction. This is now treated as plain perjury. FALSE TESTIMONY FAVORABLE TO THE DEFENDANT NOTES: • False testimony by negative statement is still in favor of the defendant. • This article is not applicable when testimony is given in a special proceeding. 2. by making a false statement NOTES: • Subornation of perjury is committed if a person procures another to swear falsely and the witness suborned does testify under circumstances rendering him guilty of perjury. • A matter is material when it is directed to prove a fact in issue. be given by the 4. 3. ARTICLE 181. That an accused made a statement under oath or made an affidavit upon a material matter. the accused made a willful and deliberate assertion of a falsehood. by falsely testifying under oath b. 3. Page 94 of 174 ARTICLE 181.
2. Conspiracy or combination to prevent free competition in the market 2. and . without inducing another but knowing him to be a false witness. • The threat need not be effective nor the offer or gift accepted for the crime to arise. gifts. That there be a public auction. producer. 3. That there be a public auction. in restraint of trade or commerce or to prevent by artificial means free competition in the market. OFFERING FALSE TESTIMONY IN EVIDENCE ELEMENTS: 1. That he knew the witness or the testimony was false. That such gifts or promise was the consideration for his refraining from taking part in that public auction. and 3. 3. That the accused solicited any gift or a promise from any of the bidders. 2. That the accused had the intent to cause the reduction of the price of the thing auctioned. conspiring or agreeing with any person to make transactions prejudicial to lawful commerce or to increase the market price of merchandise NOTES: • Combination to prevent free competition in the market . or any other artifice. MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE Chapter Three – FRAUDS ARTICLE 185. 2. Looking for a false witness is not punished by law as that is not offering a false witness. Monopoly to restrain free competition in the market 3. ARTICLE 186. • The felony is consummated the moment a false witness is offered in any judicial or official proceeding. ART. presented him and the latter testified falsely in a judicial or official proceeding.By entering into a contract or agreement or taking part in any conspiracy or combination in the form of a trust or otherwise. and 4. That the offer was made in a judicial or official proceeding. A mere offer to present him is sufficient. 184. The latter crime contemplates an actual trial where a judgment of conviction or acquittal is rendered. ACTS PUNISHED: 1. 4. That the accused had the intent to cause the reduction of the price of the thing auctioned. • Execution sales should be opened to free and full competition in order to secure the maximum benefit for the debtors. It is enough that initial steps are taken. NOTES: • The crime is consummated by the mere act of soliciting a gift or promise for the purpose of abstaining from taking part in any public auction. Manufacturer. NOTES: • This article applies when the offender. not false testimony in judicial proceedings. That the accused attempted to cause the bidders to stay away from that public auction. Page 95 of 174 ELEMENTS OF MACHINATIONS IN PUBLIC AUCTIONS: 1.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 • False testimony before the justice of the peace during a preliminary investigation may give rise to the crime of perjury. MACHINATIONS IN PUBLIC QuickTime™ and a AUCTIONS TIFF (Uncompressed) decompressor are needed to see this picture. or processor or importer combining. It is not necessary that there be actual restraint of trade. • The false witness need not be convicted of false testimony. promises. ELEMENTS OF ATTEMPTING TO CAUSE BIDDERS TO STAY AWAY: 1. That the offender offered in evidence a false witness or false testimony. That it was done by threats.
TRADE-NAME OR TRADE-MARK – is a word or words. poster. holding are company. or otherwise interfering with freedom of trade without statutory authority. producer. conspiring or agreeing with any person to make transactions prejudicial to lawful commerce or to increase the market price of the merchandise. and 3. name. knowing that the t/n or t/m has been fraudulently used. monopolizing trade and commerce in a certain commodity. By using or substituting the service mark of some other person. form of association. for the purpose of unduly restricting competition. That the stamps. brand. label.TIFF in(Uncompressed) the form of a a contract. in the sale or advertising of services. By selling or by offering for sale such article of commerce. and (b) selling the same. for the t/n or t/m of the real manufacturer or dealer upon any article of commerce. TRADENAMES. 315. a COMBINATION IN RESTRAINT OF TRADE is an agreement or understanding between two or QuickTime™ and more persons. selling the misbranded articles is not necessary. SILVER. 2. or by combining with any 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 Manufacturer.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 • Monopoly to restrain free competition in the market . On the other hand. t/m or service mark of one person. By (a) substituting the trade name (t/n) or trademark (t/m) of some other manufacturer or dealer or a colorable imitation thereof. corporation/association b. or otherwise. By printing. ARTICLE 187. • • When evidence show the article to be imported. It is a form of market structure in which one or only a few firms dominate the total sales of a product or service. controlling its production. or marks of those articles or merchandise fails to indicate the actual fineness or quality of said metals or alloys. or control the sale or the whole supply of a particular commodity. emblem.an Act to regulate the Retail Business A MONOPOLY is a privilege or peculiar advantage vested in one or more persons or companies. OR OTHER PRECIOUS METALS OR THEIR ALLOYS ELEMENTS: 1. lithographing or reproducing t/n. agent/representative c. or a colorable imitation thereof. sign. IMPORTATION AND DISPOSITION OF FALSELY MARKED ARTICLES OR MERCHANDISE MADE OF GOLD. motor fuel or lubricants c. for Page 96 of 174 . 4. sells or disposes of any article or merchandise made of gold.other pool. Combination in restraint of trade refers to the means while monopoly refers to the end. distribution and price.created Price Control Council RA 1180 . manufacture a particular article. or a colorable imitation of such marks. or mark fails to indicate the actual fineness or quality of the metals or alloys. consisting in the exclusive right or power to carry on a particular business or trade. to enable another person to fraudulently use the same. goods of prime necessity RA 3720 . That the offender knows that the said stamp. sign or device. director/manager who willingly permitted or failed to prevent commission of above offense When offense is committed by a corporation or association. 2(b) • • • • • ARTICLE 188. silver or other precious metals. 3. 2. knowing the fraudulent purpose for which it is to be used. OR SERVICE MARKS • • • • ACTS PUNISHABLE: 1. the president and directors or managers are liable. title. That the offender imports. brands. The manufacturer who alters the quality or fineness is liable for estafa under Art. trust. Mere conspiracy or combination is punished Crime is aggravated if the items involved are: a. or processor or importer combining. decompressor needed to see this or picture. Also liable as principals: a. or any combination thereof used as an advertisement.By monopolizing any merchandise or object of trade or commerce. symbol.created Food and Drug Administration RA 6361 . SUBSTITUTING AND ALTERING TRADEMARKS. food substance b.
not necessarily attached or affixed to the goods of the owner. (b) wrapping of their packages. There must not be differences which are glaring and striking to the eye. UNFAIR COMPETITION: consists in employing deception or any other means contrary to good faith by which any person shall pass off the goods manufactured by him or in which he deals. and (b) selling such goods or services. That the offender offers to sell or sells those goods or gives other persons a chance or opportunity to do the same with a like purpose. symbols.” QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. OR SERVICE MARK. it is not necessary that the goods of the prior user and the later user of the trademark are of the same categories. Jan. Fraudulent registration by procuring fraudulently from the patent office the registration of t/m. titles. 3. UNFAIR COMPETITION. A. if for any reason it loses its distinctiveness or has become “publici juris. 2. Trademark must not be merely descriptive or generic. and 4. 3. Page 97 of 174 . a colorable imitation is sufficient. t/m or service mark. names. giving them the general appearance of the goods of another manufacturer or dealer. Unfair competition by selling his goods. That the general appearance is shown in the (a) goods themselves. or in (d) any other feature of their appearance. • Trademarks: to indicate origin of ownership of goods to which it is affixed • In trademarks. (c) device or words therein. the Intellectual Property Code. That the offender gives his goods the general appearance of the goods of another manufacturer or dealer. ACTS PUNISHED: 1. designations. trademark or service mark need not be identical. Fraudulent designation of origin by (a) affixing to his goods or using in connection with his services a false designation of origin. The meat of the matter is the likelihood of confusion. ELEMENTS OF UNFAIR COMPETITION: 1. more inclusive Identified in the mind of the public whether or not a mark or trade name is employed Gives his goods the general appearance of the goods of another ARTICLE 189. 1. That there is actual intent to deceive the public or defraud a competitor. slogans. AND FALSE DESCRIPTION * Superseded by RA 8293. 1998. • The tradename. 2. • The exclusive right to an originally valid trademark or tradename is lost. mistake or deception upon purchasers of the goods of the junior user of the mark and goods manufactured by the previous user. • “Mark” means any visible sign capable of distinguishing the goods or services of an enterprise and shall include a stamped or marked container. 8293 (Intellectual Property Code of the Philippines) are repealed. or services for those of the one having established goodwill. FRAUDULENT REGISTRATION OF TRADE NAME. • The tradename or trademark must be registered. • Tradename: identify or distinguish an enterprise. character names. or committing any acts calculated to produce such result Unfair Competition Infringement of trademark or trade name Limited range Identified a peculiar symbol or mark with his goods and thereby has acquired a property right in such symbol or mark Sells goods on which trademark is affixed Broader. TRADEMARK. or his business. or any false description or representation. FRAUDULENT DESIGNATION OF ORIGIN. and distinctive features of radio or other advertising NOTES: • The provisions of Articles 188 and 189 of the Revised Penal Code which are inconsistent with R.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 the purpose of enabling the public to distinguish the business of the person who owns and uses said trade-name or trade-mark SERVICE MARK – is a mark used in the sale or advertising of services to identify the services of one person and distinguish them from the services of others and includes without limitation the marks.
or sold to a minor who is allowed to use the same in such place. reputation of place) 4. NO. Owner included as accused in criminal complaint Articles 190-194 of the Revised Penal Code are repealed by Republic Act No. Campaign against Drugs and Protection of State 2. delivered. sold or used in any form (To be habitual – prior conviction. If minors/mentally incapacitated individuals are used as runners. couriers and messengers of drug pushers. 6425 and RPC provisions on crimes related to opium and other prohibited drugs) Policy 1. A. manages or acts as financier • • The protector or coddler is also liable. Balance Æ Medicinal Purpose 3. Complaint specifically allege that such place used intentionally for furtherance of crime 2. 1683 and further amended by RA No. Being employees or visitors of drug den who are aware of the nature of such place • For the employee who is aware of nature of place and any person who knowingly visits such place • A person who visited another who was smoking opium shall not be liable if the place is not an opium dive or resort 5. 3. Prosecution proves intent on part of owner 3. 7659 THE DANGEROUS DRUGS ACT OF 2002 (R. If the importation was through the use of a diplomatic passport. business. Manufacture of dangerous drugs and/or controlled precursors and essential chemicals Aggravating circumstance: Clandestine lab is undertaken under the following circumstances: 1. If place owned by third person. b. 42). Organizes. If the victim of the offense is a minor. Organizes. decorative and culinary purposes) and/or controlled precursors and essential chemicals Qualifying circumstance: a. b. NO. 6425 “The Dangerous Drugs Act of 1972” which took effect on March 30. or resort where any controlled precursor and essential chemical is sold or used Qualifying circumstances: 1. distribution and QuickTime™ and a TIFF (Uncompressed) decompressor transportation of dangerous drugs are needed to see this picture. delivered. repealing R. 9165. administration. distributed. the same shall be confiscated and escheated in favor of government IF 1. Importation of dangerous drugs (even for floral. Maintenance of a den. Any phase conducted in presence or with help of minors 2. Rehabilitation ACTS PUNISHABLE: 1. or 2. church or school premises Page 98 of 174 .Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 TITLE FIVE CRIMES RELATED TO OPIUM AND OTHER PROHIBITED DRUGS be the proximate cause of the death of a victim thereof d. Sale. manages or acts as financier 3. diplomatic facilities or any other means involving the offender’s official status. as amended by PD No. Organizes. Qualifying circumstances: a. c. 1972 (Sec. Established/undertaken within 100m of residential. stored for illegal purposes. A. 2. manages or acts as a financier • The protector or coddler is also liable. dive or resort. where a prohibited/regulated drug is administered. dive. or should a prohibited/regulated drug involved in any offense under this section OPIUM DIVE OR RESORT: place where dangerous drug and/or controlled precursor and essential chemical is administered. delivery. should a prohibited drug be the proximate cause of the death of the person using the same in such den. Within 100 meters from a school.
manufacture with intent to deliver the paraphernalia. Cultivation or culture of plants which are dangerous drugs or are sources thereof Page 99 of 174 . possess with intent to deliver 3. Ex. or in the proximate company of at least 2 persons. chemical engineer. use of dangerous drug. social gathering. regardless of the degree of purity • Penalties are graduated to the amount of drugs (the only violation where quantity matters) • The kinds of drugs have different respective amounts for the graduation of penalties of equipment. Concealed with legitimate business operations 5. not past possession It is not necessary to allege in information that accused is not authorized to possess opium CHEMICAL DIVERSION: sale. intent to possess • • What is punished is present possession. Illegal chemical diversion of precursor and essential chemicals controlled • Qualifying circumstance: Party. or in the proximate company of at least 2 persons. distribution. use of front companies or mail fraud 7. 9.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 3. apparatus. possession of dangerous drugs and use of dangerous drugs. • • 10. of rehabilitation • 2nd conviction – imprisonment and fine • Where the accused is also found to be in possession of dangerous drugs. The possession of PARAPHERNALIA is absorbed by USE of dangerous drug. occupancy or taking 2. the offense is POSSESSION OF DANGEROUS DRUGS. in-transit. Hence. Employment of practitioner. knowing. Lab secured/protected by booby traps 4. misdeclaration. 11. fraudulent use of permits. Sec. instrument. USE is subsumed by POSSESSION. public official or foreigner Qualifying circumstance: Organizes. this Section shall not apply. transport of legitimately imported. manages or acts as financier Prima facie proof of manufacture: presence of controlled precursor and essential chemical or lab equipment in the clandestine lab CLANDESTINE LABORATORY: Any facility used for illegal manufacture of any dangerous drug and or controlled precursor and essential chemicals 6. deliver 2. instrument.use of a minor or a mentally incapacitated individual to deliver QuickTime™ and a TIFF (Uncompressed) decompressor such equipment. shall apply. with intent to possess(full knowledge that what was possessed was any of prohibited or regulated drug) Elements of possession of opium: (RA 6425) 1. 11. Qualifying circumstance: Party. social gathering. Possession of dangerous drugs. Possession apparatus and other paraphernalia fit for introducing dangerous drugs into the body • Possession of such equipment = Prima facie evidence that possessor has used a dangerous drug and shall be presumed to have violated Sec. and other paraphernalia for dangerous drugs and/or controlled precursor and essential chemicals Acts Punishable: 1. or under circumstances where one reasonably should know Qualifying circumstance . If the offender is caught with possession of paraphernalia. instrument. destruction of documents. possession of dangerous drugs. 15. apparatus or other are needed to see this picture. Manufacture or delivery of equipment. either actual or constructive. paraphernalia 8. regardless of quantity • Possession: unauthorized. manufactured or procured controlled precursors or essential chemicals to any person or entity engaged in manufacture of dangerous drug and concealment of such transaction through fraud. Use of dangerous drugs • Must be found positive after a confirmatory test st • 1 conviction – minimum of 6 mos. irrespective of quantity.
distribution or transportation of dangerous drugs. If the violation of the Act is committed by a partnership. supervisors and teachers shall be deemed to be persons in authority and. are vested with the power to Page 100 of 174 . Unnecessary prescription of dangerous drugs • Person Liable: Practitioner who shall prescribe any dangerous drug for any person whose physical/physiological condition does not require the use of thereof or in the dosage therein. 6. is owned or under the control and supervision of the partnership. 26. as such. if such vehicle. Sale. 14. Public officer or employee who misappropriates. Any person who is found guilty of “planting” any dangerous drugs and/or controlled precursor and essential chemicals. sale. manager. distributor or dealer. or to the use of their equipment. the accused should not be prosecuted under mere possession. where the offense of sale was not consummated. 4. dispensation. delivery. Failure to keep of original records transactions of dangerous drugs • • of Persons liable: practitioner. plant sources of dangerous drugs. dive or resort for dangerous drugs. director. manufacturer. all school heads. c. seller. QuickTime™ and a TIFF (Uncompressed) and decompressor delivery. OTHER PERSONS LIABLE: 1. (Justice Peralta) Qualifying circumstance: 1) The land is part of the public domain 2) Organizes. 5. association or any judicial person. equipment. etc. Cultivation or culture of plants which are sources of dangerous drugs. Importation of dangerous drugs and/or controlled precursor and essential chemical. dealer. vessel. Any person violating a regulation issued by the Dangerous Drugs Board 7. 3. importer. or aircraft as an instrument in the importation. The penalty for such attempt and conspiracy is the same penalty prescribed for the commission. trading.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 • • The land/portions thereof and/or greenhouses in which any of the said plants is cultivated or cultured shall be confiscated and escheated to the State. Thus. corporation. regardless of quantity or purity (penalty of death). willfully or through gross negligence. Any person authorized to conduct drug test who issues false or fraudulent drug test results knowingly. or retailer The additional penalty of revocation of his license to practice his profession in case of a practitioner. misapplies or fails to account for confiscated. or surrendered dangerous drugs. wholesaler. but under Sec. vessel. or other instrument. aircraft. Maintenance of a den. importer. corporation. 13. association or judicial entity to which they are affiliated. tolerates. • For the purpose of enforcing the provisions of this Act. seized. machines or other instruments in the manufacture of any dangerous drugs. 2. Manufacture of dangerous drugs and/or Scontrolled precursor and essential chemical. distributor. Unlawful prescription of dangerous drugs Also Punishable ATTEMPT AND CONSPIRACY TO COMMIT THE FOLLOWING OFFENSES: a. the partner. who knowingly authorizes. director. Any government officer tasked with the prosecution of drug-related cases under this Act who delays or bungles the prosecution. Any elective local or national official who have benefited from the proceeds of trafficking of dangerous drugs or have received any financial/material contributions or donations from natural or juridical persons guilty of drug trafficking. manages or acts as financier 12. officer or stockholder. administration. or of his or its business license in case of manufacturer. Partner. president. or consents to the use of a vehicle. shall be imposed. unless the owner thereof prove that he did not know of such cultivation or culture despite the exercise of due diligence on his part. and e. distribution transportation of are needed to see this picture. 8. b. president. d. or manager who consents to or knowingly tolerates such violation shall be held criminally liable as co-principal. dangerous drugs and/or controlled precursor and essential chemical.
Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 apprehend. If. 3) No record of escape from the Center. G. guardian or relative within the 4th in a center and compliance with such conditions therefor as the QuickTime™ and a TIFF (Uncompressed) Dangerous Drugs Board decompressor may prescribe shall are needed to see this picture. E. If convicted. In case of conviction. be charged for violation of Sec. treatment and rehabilitation by the drug dependent himself or through his parent. th w/in guardian or relative w/in the 4 1 week. conditions: 1) Complied with the rules of the Center 2) Never been charged or convicted of any offense under this Act. family or community. of his parent guardian or relative may. within the same period surrender him for confinement. provided if he escaped. and the Court or prosecutor. Failure to report in either case shall. upon recommendation of the Board. H. If the Board determines that public interest requires that such person be committed. indicate that he shall be given full credit for the period of confinement. 15. he should escape again. report the matter to the proper authorities. shall suspend all further proceedings and transmit records of the case to the Board. the Dangerous Drugs Act of 1972. supervisors or teachers. he shall be credited for the period of confinement in the Center. may be charged under this Act. Drug dependent who is finally discharged from confinement shall be exempt subject to the ff. he surrendered by himself or through his parent. the prosecution shall continue. exempt him from criminal liability for possession or use of the dangerous drug. B. A drug dependent who is not rehabilitated after the second commitment to the Center under the voluntary submission program shall. spouse. but does not qualify for exemption. the penalty shall have deemed to have been served in the center upon release. C. it shall file a petition for commitment. the fiscal or court as the case may be. (Sec. provided when the offense is use of dangerous drugs. A drug dependent who is discharged as rehabilitated. but shall be placed on probation and undergo community service in lieu of imprisonment and/or fine in the court’s discretion. 4) Poses no serious danger to himself. or cause the apprehension or arrest of any person who shall violate any of the said provision. at any stage of the proceedings. constitute sufficient cause for disciplinary action by the school authorities. and the accused is not a recidivist. Should the drug dependent escape from the center. Upon application of the Board. Voluntary submission of a drug dependent to confinement. arrest. • Any teacher or school employee who discovers or finds that any person in the school or within its immediate vicinity is violating this Act shall have the duty to report the violation to the school head or supervisor who shall. the Court shall issue an order for recommitment if the drug dependent does not resubmit himself for confinement or if he is not surrendered for recommitment. If a person charged with an offense with an imposable penalty of less than 6 years and 1 day. after hearing. D. I. The period of prescription of the offense charged shall not run during the time that the respondent/accused is under detention or confinement in a center. After commitment and discharge. or beyond such immediate vicinity if they are in attendance in any school or class function in their official capacity as school heads. if certified by the center for good behavior. he shall no longer be exempt from criminal liability for the use or possession of any dangerous drug. subsequent to such recommitment. the RPC. 44) RULES FOR EXEMPTION FROM CRIMINAL LIABILITY OF DRUG DEPENDENTS THROUGH VOLUNTARY SUBMISSION: A. F. in turn. he may submit himself for confinement within 1 week from the date of his escape. Page 101 of 174 . the judgment shall. (use of dangerous drug) and be prosecuted like any other offender. They shall be considered as persons in authority if they are in the school or within its immediate vicinity. finds that the person charged with an offense is a drug dependent. or any special penal laws.
D. The privilege of suspended sentence may be availed of only once. Accused is a minor over 15 years at the time of the commission of the offense but not more than 18 years of age when the judgment should have been promulgated. He has not been previously convicted of violating this Act. the court shall pronounce judgment of conviction and he shall serve sentence as any other convicted person. Upon promulgation of sentence. 2.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 RULES ON SUSPENSION OF SENTENCE FOR FIRST OFFENSE OF A MINOR: A. If the minor violates any of the conditions of his suspended sentence. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. C. 3. in its discretion. or rules of the center. the court may. Supervision and rehabilitative surveillance of the Board and under such conditions that the court may impose for a period of 6-18 mos. or impose community service in lieu of imprisonment. • Where the minor is under 15 years at the time of the commission. rules of the Board. Dangerous Drugs Act of 1972. Page 102 of 174 . RPC or any special penal laws. place the accused under probation. 4. He has not been previously committed to a Center or to the care of a DOH-accedited physician. 192 of Child and Youth Welfare Code shall apply (suspension of sentence and commitment) B. The Dangerous Drugs Board favorably recommends that his/her sentence be suspended. Art. Requisites for suspension: 1.
media. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. Request the court for leave to turn over representative samples to PDEA. the SoJ shall appoint a member of the public attorney’s office to represent the former. retain representative sample. 2 3 24 hours upon confiscation 24 hours after receipt Submit to PDEA Forensic Lab for examination Issue certification of exam results under oath.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 PROCEDURE for CUSTODY and DISPOSITION TIME 1 Immediately after seizure TASK Inventory and photograph PRESENT Accused or the person/s from whom confiscated. provided. if the volume is too large. Page 103 of 174 . civil society groups and any elected public official 4 5 72 hours after filing of criminal case 24 hours from ocular inspection 6 After promulgation and judgment Trial prosecutor to inform the Board of final termination of case. Accused or the person/s from whom confiscated. Destruction (through PDEA). media. stating quantities still to be examined. or representative. Destruction 7 24 hours from receipt Alleged offender or his representative shall be allowed to personally observe all of the proceedings and his presence shall not constitute an admission of guilt. or representative. provided further. provided. In case the offender refuses or fails to appoint a representative after due notice in writing within 72 hours before the actual destruction. DOJ. issue final certification within next 24 hours. Board to issue sworn certification of destruction. Court ocular inspection. Submit certification and representative sample to the court. DOJ and any elected public official who shall sign the copies of the inventory and be given a copy. provisionally issue partial report.
Lack of criminal intent or good faith does not exempt appellants from criminal liability. 3. The offer to sell and then the sale itself arose when the poseur-buyer showed the money to appellant. There is no evidence that the poseurbuyer talked about and agreed with the appellant on the purchase price of the shabu. conditions concur: 1) necessary for conviction 2) not yet in the possession of the State 3) can be corroborated on material points 4) has not been previously convicted of a crime of moral turpitude. 3. A positive finding for the use of dangerous drugs shall be a qualifying aggravating circumstance in the commission of a crime by the offender. regardless of any consideration. A person charged under the Dangerous Drugs Act shall not be allowed to avail of plea-bargaining. the penalty for acts punishable by life imprisonment to death shall be reclusion perpetua to death. 11. 4. People v. the maximum penalty shall be imposed. GR 148077. 3/15/04 A prior surveillance is not a prerequisite for the validity of an entrapment or buy. There is no evidence that the appellant handed over the shabu to the poseur buyer. If public official/employee is the offender. 10/13/03 Appellant is guilty of the crime of attempted sale of shabu. Limited applicability of the RPC Æ The RPC shall not apply to this Act. Thus. provided the ff. Yang. the appellant merely showed the bag containing the shabu and held on to it before it was confiscated. GR 150735. People v. Page 104 of 174 .bust operation. OTHER RULES: 1. Positive test must be confirmed for it to be valid in a court of law. Absence of ultraviolet powder on the buy money is not fatal for the prosecution. Immunity from prosecution and punishment shall be granted to an informant. except in the case of minor offenders. 7/1/03 In a prosecution for illegal possession of a dangerous drug. which prompted the latter to show the contents of the carton. mere possession of a regulated drug without legal authority is punishable under the Dangerous Drugs Act. 6. The absence of actual or completed payment is irrelevant. If offender is an alien. the State 6) does not appear to be the most guilty 7) no other direct evidence available 10. 8. Confirmed test shall be prima facie evidence that offender has used dangerous drugs. GR 149878. (Justice Peralta) People v. 2. whether appointed or elected. In buy-bust operations. People v. 5. Cadley. the minor is then entitled to mitigating circumstances under the RPC (Martin Simon case). 2) All candidates for public office. an additional penalty of deportation without further proceedings shall be imposed immediately after service of sentence. except when there is no other direct evidence QuickTime™ and a TIFF (Uncompressed) decompressor 5) comply with conditions imposed by are needed to see this picture.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 RULES FOR LAB EXAMINATION OF APPREHENDED/ARRESTED OFFENDERS : 1. and hand it over to the poseur-buyer. Any person convicted of drug trafficking or pushing cannot avail of the Probation Law. there is no law or rule requiring policemen to adopt a uniform way of identifying buy money. As gleaned from the testimony of the poseur-buyer. • Hence. 2/16/04 The consummation of the crime charged herein may be sufficiently established even in the absence of an exchange of money. Chua. the minor does not receive the death penalty. the conduct of which has no rigid or textbook method. Mere showing of the said regulated drug does not negate the existence of an offer to sell or an actual sale. 4. 2. Where the offender is a minor. Positive results shall be challenged w/in 15 days after receipt of the result through a confirmatory test. conduct examination w/in 24 hours. 7. since RPC nomenclature of penalties is used. Payment of consideration is likewise immaterial in the distribution of illicit drugs. Mandatory drug testing includes: 1) All persons charged with a criminal offense having an imposable penalty of not less than 6 years and 1 day. Adam GR 143842. If reasonable ground to believe that offender is under the influence of dangerous drugs. for the law itself penalizes the very act of delivery of a dangerous drug.
000 to include bookie TIFF (Uncompressed) decompressor are needed to see this picture. monte. car racing and other forms of races (8) Basketball. Any person who shall directly or indirectly take part in any illegal or unauthorized activities or games of: In case of recidivism: (1) Cockfighting. Any person who KNOWINGLY permits any form of gambling in an inhabited or uninhabited place or in any building.000 to P6. jueteng. (2) that such possession is not authorized by law. boxing. In this case.000 1. medium or fine ranging from P1. 3/31/04 In a prosecution for illegal possession of dangerous drugs. 1602. PRESCRIBING STIFFER PENALTIES IN ILLEGAL GAMBLING (Repealed Art. articles of value or representative of value are at stake or made 2. cuajo.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 People v. bowling. whether upon chance or skill. baccarat. roulette. Gambling in place with reputation of gambling. or any other game or scheme. (4) Black jack. pangguigue and other card games (5) Pak que. boat racing. fine of P6. pingpong and other forms of individual or team contests to include game fixing. poker and its derivatives.D. point shaving and other machinations (9) Banking or percentage game. volleyball. frequent gambling Page 105 of 174 TITLE SIX CRIMES AGAINST PUBLIC MORALS P. PD 483 betting law.000 ACTS PUNISHED 1. mahjong. wherein wagers consisting of money. Prision mayor. 195-199 RPC. pompiang and the like (3) 7-11 and any game using dice . proof of the accused’s ownership of the house where the prohibited drugs were discovered is necessary. vessel or other means of transportation owned or controlled by him Prision correccional maximum.000 operations and game fixing. lucky nine. GR 149462. the following facts must be proven with moral certainty: (1) that the accused is in possession of the object identified as a prohibited or regulated drug. pinball and other mechanical contraptions and devices (7) Dog racing. Del Norte. to P10. high and low. and (3) that the accused freely and consciously possessed the said drug. bingo and other forms of lotteries (2) Cara y cruz. and PD 449 cockfighting law) PENALTY Prision correccional. domino and other games using plastic tiles and the like (6) Slot machines. medium or fine jai-alai or horse racing QuickTime™ and a ranging from P5. numbers.
jai-alai or horse racing bookies. enclosures and the like which have reputation of gambling place or where gambling activities are being held QuickTime™ and a Spectators are not liable: must directly or indirectly take part. and similar games of lotteries and numbers which have taken place or about to take place Barangay official who with knowledge of gambling house/place in his jurisdiction fails to abate or take action Security officer. pointshaving. figures. government building or barangay hall 2. or value are at stake or made Individual/team contests: game-fixing.000 Temporary absolute disqualification Prision correccional maximum or fine P500 to P2000 NOTES: Distribution of prizes by chance No lottery where there is full value of money(criminal case-Olsen). buildings. articles. postal law-El Debate) Proof that game took place or is about to take place is not necessary. Any other games if with wager of money. A game or scheme is punishable even if winning depends upon skill as long as wagers (consisting of money. paper or other matter containing letters. Prize/advantage/inequality in amount value which is in the nature of prize or Prision correccional medium or fine P400 to P2. signs or symbols pertaining to or in any manner used in the games of jueteng. 196: IMPORTATION. promoter. but proof to the contrary is necessary when jueteng lists pertain to games played on other dates MAINTAINER – person who sets up and furnishes means to carry on gambling or scheme CONDUCTOR – person who manages or carries on gambling game or scheme ART. burden of evidence is shifted to accused to show that his possession is lawful or is not connected with jueteng game. SALE AND POSSESSION OF LOTTERY TICKETS OR ADVERTISEMENTS (ALREADY REPEALED) TIFF (Uncompressed) decompressor are needed to see this picture.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 place. The law does not make it an offense to be present in a gambling house. NOTES: Playing for money is not a necessary element. medium. Consideration 2. referee. conductor. articles of value or representative of value) are at stake or made. No. judge or coach in case of game fixing. umpire. player.000 Government official Æ maintainer. with temporary absolute disqualification or fine of P6. 483: BETTING. GAME-FIXING OR POINT-SHAVING AND MACHINATIONS IN SPORT CONTESTS NOTES: BETTING . point shaving and machination Any person who knowingly and without lawful purpose possess lottery list. Maintainer or conductor of above gambling schemes Prison mayor.betting money or any object or article of value or representative of value upon the result of any game. Lottery: Requisites: 1. The law’s purpose is to prohibit absolutely those games.D. banker of gambling schemes. other machinations P. watchman. private or house detective of hotels. villages. but if inducement to win prize is reason for purchase/subscription/others then even if full value for money is received—still lottery(Administrative Code. Chance 3. races and other sports contests Page 106 of 174 .
unfair or dishonest means.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 GAME-FIXING – any arrangement. Tourists 3. city or municipal agriculture.In licensed cockpits or in playgrounds or parks . deceitful. For support of national fund-raising campaigns for charitable purposes as may be authorized by the Office of the President. subject to approval of Chief of Constabulary or his authorized representative—not allowed within month of local fiesta of for more than two occasions a year in same city or municipality Cockfighting for Entertainment of Tourists or for Charitable Purposes: Chief of Constabulary or his authorized representative may also allow the holding of cockfighting for: 1. carnival or exposition for a similar period of three days Chapter Three . The prohibition does not mean that the Government cannot regulate it in the exercise of police power. Balikbayan 4. There are particular days where Cockfighting and Horse Racing are allowed. PointShaving. detained and or prosecuted except upon prior written clearance from the President of the Philippines and/or the Secretary of National Defense upon resolution. Game Machinations prohibited COCKFIGHTING LAW OF 1974 Holding of Cockfights – Cockfighting shall be QuickTime™ and a allowed only in licensed cockpits: TIFF (Uncompressed) decompressor are needed to see this picture. Holy Thursday. method. scheme or agreement by which the skill of ability of any player or participant in a game. within a year to a province.Extended for only one time. races or sports contests Clearance for arrest. Game-fixing. scheme or agreement by which the result of any game. combination. June 12. unless allowed by law. races or sports contests shall be predicted and/or knows other than on the basis of the honest playing skill or ability of the players or participants POINT-SHAVING – any such arrangement. Entertainment of foreign dignitaries 2. manger or lessee of cockpit that permits gambling shall be criminally liable) Spectators in cockfight are not liable unless he participates as bettor ART. except: December 30. 1. city or municipal council . Good Friday. city or municipality NOTES: Permitting gambling of any kind in cockpit is punished under the same Decree (Owner. races or sports contests to make points or scores shall be limited deliberately in order to influence the result thereof in favor of one or the other team. During local fiestas for not more than 3 days 4. upon resolution of a provincial board. Betting in Horse Races is allowed during periods provided by law but betting in cockfights is prohibited at all times.OFFENSES AGAINST DECENCY AND GOOD CUSTOMS Page 107 of 174 . manner or practice employed for the purpose of influencing the result of any game. Sports Contests: Betting. commercial or industrial fair. Election or Referendum Day and during Registration Days for such election or referendum 3. Sundays 2. for a period not exceeding 3 days. 198: ILLEGAL BETTING ON HORSE RACES (ALREADY REPEALED) NOTES: Gambling in all its forms. November 30. Legal Holidays. player or participant therein GAME MACHINATION – any other fraudulent. is generally prohibited. detention or prosecution – No person who voluntarily discloses or denounces to the President of the Philippine Amateur Athletic Federation or to the National Sports Association concerned and/or to any law enforcement/police authority any of the acts penalized by this Decree shall be arrested. Provincial. combination.
2. Authors of obscene literature. 4. Those who sell. 2. those w/c glorify criminals or condone crimes. Persons found loitering in inhabited or uninhabited places belonging to others. It is sufficient if committed in public place. sculptures or literature which are offensive to morals. 201: IMMORAL DOCTRINES. 5. scenes or acts: 1. 3.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ART. published with their knowledge in any form. the number of people who sees it is not material. fairs. For being committed within the public knowledge. That the act/s complained of be committed in a public place or within the public knowledge or view. That the highly scandalous conduct does not expressly fall within any other article of the RPC. public order. 5. selling obscene literature. lust or pornography. Considered as obscene literature or immoral or indecent plays. good taste Customs refer to established usage. Persons found loitering around public and semi-public places without visible means of support. good customs. Those who exhibit indecent or immoral plays. without any lawful or justifiable reason. AND INDECENT SHOWS Persons liable: 1. Those who publicly expound or proclaim doctrines that are contrary to public morals. Idle or dissolute persons lodging in houses of ill-fame. give rise to public scandal to persons who have accidentally witnessed the acts. morals. ART. 200: GRAVE SCANDAL Elements: 1. those w/c tend to abet the traffic and the use of prohibited drugs. and 5. 3. 2. 202: VAGRANTS AND PROSTITUTES Who are considered VAGRANTS: 1. cinemas or any other place. established policies. engraving. QuickTime™ and a TIFF (Uncompressed) decompressor 4. distribute. Editors publishing such obscene literature. decrees and edicts. The public view is not required. those w/c serve no other purpose but to satisfy the market for violence. acts or shows in theaters. 6. Owners or of establishments are operators needed to see this picture. They are committed publicly and thus. The essence of grave scandal is publicity and that the acts committed are not only contrary to morals and good customs but must likewise be of such character as to cause public scandal to those witnessing it ART. 2. Those who have no apparent means of subsistence and who have the physical ability to work yet neglect to apply themselves to some useful calling. lawful orders. That the offender performs an act. The test of obscenity is whether the matter has a tendency to deprave or corrupt the minds of those who are open to immoral influences. A matter can also be considered obscene if it shocks the ordinary and common sense of men as indecency. Mere nudity in paintings and pictures is not obscene. NOTES: Morals imply conformity to generally accepted standards of goodness or rightness in conduct or character. Ruffians or pimps and those who habitually associate with prostitutes (may include even the rich). Decency means properly observing the requirements of modesty. Page 108 of 174 . and 4. scenes. social conventions carried on by tradition and enforced by social disapproval in case of violation. those w/c offend against any race or religion. 4. That such act/s be highly scandalous as offending against decency or good customs. 3. OBSCENE PUBLICATIONS AND EXHIBITIONS. Persons tramping or wandering around the country or the streets with no visible means of support. . Grave scandal consists of acts which are offensive to decency and good customs. or exhibit prints. 3. Pictures w/ a slight degree of obscenity having no artistic value and being intended for commercial purposes fall within this article. Publicity is an essential element. and 6. those that are contrary to law. it may occur even in a private place.
Rendering unjust interlocutory order 4. That his authority to take part in the performance of public functions or to perform public duties must be a. 1619. of mendicancy under Presidential Decree No. PROSTITUTES . Knowingly rendering unjust judgment 2.D. and 2. sidewalks. parks and bridges except if given through organized agencies operating under rules and regulations of Ministry of Public Information NOTE: Giving alms through organized agencies operating under the rules and regulations of the Ministry of Public Information is not a violation of the Mendicancy Law. violent. agent or subordinate official. 1563. dereliction of duty in prosecution of offenses Page 109 of 174 .PRELIMINARY PROVISIONS ART. or lawful employment and physically able to work but neglects to apply himself to lawful calling and instead uses begging as means of living (higher penalty if convicted 2 or more times) 2. by appointment by competent authority. of any rank or class.women who habitually(not just 1 man) indulge in sexual intercourse or lascivious conduct for money or profit (If a man indulges in the same conduct.MENDICANCY Persons liable: 1. or c. or performing public duties as an employee. temporary performance by a laborer of public functions makes him a public officer. Malicious delay in the administration of justice Nonfeasance: 1.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 provided the act does not fall within any other article of the RPC. 1653 . Taking part in the performance of public functions in the Government. immoral (includes maintainer of house of prostitution) RUFFIANS – brutal. NOTES: Public officers include every public servant from the lowest to the highest rank provided that they exercise public functions. one must be 1.A. such prosecution being inconsistent with the United Nations Convention of the Rights of the Child: Nonfeasance Misfeasance: 1. by popular election. and sniffing of rugby under Presidential Decree No. Rendering judgment through negligence 3. 9344 persons below eighteen (18) years of age shall be exempt from prosecution QuickTime™ and a TIFF (Uncompressed) decompressor and prostitution under for the crime of vagrancy are needed to see this picture. A government laborer is not a public officer. or b. Section 202 of the Revised Penal Code. in the government or any of its branches. Mendicant – Those with no visible and legal means of support.) DISSOLUTE – lax. 203: WHO ARE PUBLIC OFFICERS Requisites: To be a public officer. Malfeasance Misfeasance Doing of an act which a public officer should not have done Improper doing of an act which a person might lawfully do Failure of an agent to perform his undertaking for the principal P. lawless If fenced and with prohibition of entry If fenced and entered to hunt/fish If not fenced and with no prohibition of entry Trespass To Dwelling Attempted theft Vagrancy TITLE SEVEN CRIMES COMMITTED BY PUBLIC OFFICERS Chapter One . unrestrained. However. by direct provision of the law. Any person who abets mendicancy by giving alms on public roads. the crime committed is vagrancy. Under R.
207: MALICIOUS DELAY IN THE ADMINISTRATION OF JUSTICE Elements: 1. That he renders a judgment in the case submitted to him for decision. ART. bribery There must be evidence that the decision rendered is unjust. (no liability if error in good faith) Abuse of discretion or mere error of judgment QuickTime™ and a cannot likewise serve as basis for rendering TIFF (Uncompressed) decompressor are needed to see this picture. and 4. or not supported by the evidence. betrayal of trust by an attorney or solicitor – revelation of secrets Malfeasance: 1. That the judgment is unjust. . 204: KNOWINGLY RENDERING AN UNJUST JUDGMENT Elements: 1. That the offender is a judge. That the delay is malicious. NOTE: Mere delay without malice is not punishable. That he renders judgment in a case submitted to him for decision. or b. By maliciously tolerating the commission of offenses Page 110 of 174 ART. It is not presumed. 2. An unjust judgment is one which is contrary to law. MANIFESTLY UNJUST JUDGMENT – manifestly contrary to law that even a person having meager knowledge of law cannot doubt the injustice.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 2. That he performs any of the following acts: a.MALFEASANCE AND MISFEASANCE IN OFFICE ART. and 2. an unjust judgment in the absence of proof or an allegation of bad faith (motive or improper consideration). not abuse of discretion or mere error of judgment Chapter Two . 206: UNJUST INTERLOCUTORY ORDER Elements: 1. 3. That the offender is a judge. 208: PROSECUTION OF OFFENSES. Knowingly – deliberately or maliciously. or both. That there is a proceeding in his court. that is. the delay is caused by the judge with deliberate intent to inflict damage on either party in the case. That the offender is a judge. Indirect bribery 2. NEGLIGENCE AND TOLERANCE Acts punishable: 1. That the judge knows that the decision is unjust. 3. it is not a final determination of the issues of the action or proceeding ART. 205: JUDGMENT RENDERED THROUGH NEGLIGENCE Elements: 1. That the judgment is manifestly unjust. By maliciously refraining from instituting prosecution against violators of the law 2. and 4. error (w/ bad faith) 2. An unjust judgment may result from: 1.one issued by the court deciding a collateral or incidental matter. That the offender is a judge. Direct bribery 2. That he delays the administration of justice. conscious and deliberate intent to do an injustice. 3. NOTES: A judgment is a final consideration and determination by a court of competent jurisdiction of the issues submitted to it in an action or proceeding. and 4. That it is due to inexcusable negligence or ignorance. 2. INTERLOCUTORY ORDER . ART. renders a manifestly unjust interlocutory order or decree through inexcusable negligence or ignorance. knowingly renders an unjust interlocutory order or decree. ill-will or revenge 3.
he does not cause (a) the prosecution of the criminal (People vs. G. Undertaking the defense of the opposing party in the same case.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Dereliction of duty in the prosecution of offenses: Elements: 1. a fiscal is under no compulsion to file an information based upon a complaint if he is convinced that the evidence before him is insufficient to warrant filing an action in court. conceals. and an overt act) c. That the offender acts with malice and deliberate intent to favor the violator of the law. That the act which the offender agrees to perform or which he executes be connected with the performance of his official duties. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. ART. is liable as principal in the crime of dereliction of duty in the prosecution of offenses. 210: DIRECT BRIBERY Elements: 1. NOTES: Prevaricacion means the negligence and tolerance in the prosecution of an offense. but the act must be unjust. This article not applicable to revenue officers. after having undertaken the defense of a client or having received confidential information from said client. ART. A private person may commit this crime only in the case in which custody of prisoners is entrusted to him. That there is dereliction of the duties of his office. Rosales. (should not be a crime) 4. A public officer who harbors. by inexcusable negligence or ignorance. He is not an accessory. Causing damage to client either a. in consideration of an execution of an act which does not constitute a crime. 3. The crime must be proved first before an officer can be convicted of dereliction of duty. That such offer or promise be accepted or gift/present received by the public officer (Mere agreement consummates the crime and delivery of consideration is not necessary) a. (If gift/promise is a consideration for his conduct. Applicable also to assessors. b. 209: BETRAYAL OF TRUST BY AN ATTORNEY OR SOLICITOR – REVELATION OF SECRETS Acts punishable: 1. There must be a duty on the part of the public officer to prosecute or move for the prosecution of the offender. damage is not necessary. 2. or to prosecute offenses. when it is his duty to prosecute him. a dereliction of duty caused by poor judgment or honest mistake is not punishable. (need not be a statutory duty) NOTES: For purposes of this article. That the offender be a public officer. Here. to refrain from doing something which is his official duty to do. temporary performance of public functions is sufficient to constitute a person a public officer. voluntarily offered by a private person Page 111 of 174 . no. appraisal and claim commissioners. arbitrators. crime is direct bribery. However. with a view to committing some crime. Revealing any of the secrets of his client learned by him in his professional capacity. knowing the commission of the crime. experts or any other person performing public duties. or of Bribery exists when the gift is: 1. (contemplates an accepted gift.) and 3. “Maliciously” signifies deliberate evil intent. b. 2. or assists in the escape of an offender. that is. This felony cannot be frustrated. That the offender is a public officer or officer of the law who has a duty to cause the prosecution of. 2. It may only be attempted or consummated. without the consent st of his 1 client. by any malicious breach professional duty.R. 42648) or (b) knowing that a crime is about to be committed he tolerates its commission. That the offender accepts an offer or promise or receives a gift or present by himself or through another. 3.
present. 210. The gravamen of the offense is the persuasion. his money or property by force or intimidation. only the person offering the gift is liable for attempted corruption of a public officer. property or services.) Actual receipt of the gift is not necessary. percentage. If the act required of the public officer amounts to a crime and he commits it. he shall be liable for the penalty corresponding to the crime. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. NOTE: If the act does not fall under b and c. the public official need not have even recommended the employment.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 2. a. In direct bribery however. 3019 . the crime by the giver is not corruption of public officials due to his involuntariness. including the Government. (Justice Peralta) e. from any person for whom the public officer. Accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after its termination. advantage. ROBBERY (294) When the victim did not commit a crime and he is intimidated with arrest and/or prosecution to deprive him of his personal property. induced. or will secure or obtain. or indirectly requesting or receiving any gift.A. may apply. in any manner or capacity. both consisting of omissions to do an act required to be performed. Persuading. in consideration for the help given or to be given. inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter. or benefit for himself or for any other person in connection with any contract or transaction between the government and any other party wherein the public officer in his official capacity has to intervene under the law. However. NOTE: The act is mala prohibita. This Page 112 of 174 BRIBERY (210) When the victim has committed a crime and gives money/gift to avoid arrest or prosecution. any Government permit or license. or influenced to commit such violation or offense. b. Directly or indirectly requesting or receiving any gift. if the offer is not accepted. (Justice Peralta) d. Causing any undue injury to any party. or other pecuniary or material benefit. It could be in the form of money. for himself or for another. An accepted offer or promise of a gift is sufficient. or giving any private party any unwarranted benefits. The gift must have a value or be capable of pecuniary estimation. or allowing himself to be persuaded. Victim parts with his money Victim is deprived of or property voluntarily. present. The third type of bribery and prevaricacion (art 208) are similar offenses. share. Any public officer who shall perform any of the following acts: a. The crime of bribery cannot be complexed with or absorbed by other crimes as the penalty for bribery is in addition to the penalties for those other crimes. a gift or promise is given in consideration of the omission. then Art. or preference in the discharge of his official. solicited by the public officer and voluntarily delivered by the private person 3. Persons Liable: 1. Hence. evident bad faith or gross inexcusable negligence. ANTI-GRAFT AND CORRUPT PRACTICES ACT R. NO. NOTE: Persuasion need not be successful. direct bribery. administrative or judicial function through manifest partiality. This element is not necessary in prevaricacion. has secured or obtained. 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. Directly.
request. or material. from any person interested in the matter some pecuniary or material benefit or advantage. after due demand or request. or in which he is prohibited by the constitution or by any law from having any interest. 2. the President of the Senate. even if he votes against the same or does not participate in the action of the board. of the affinity. NOTES: The best defense is that the partiality was not manifest. or for the purpose of favoring his own interest or giving undue advantage in favor of or discriminating against any other interested party. to act within a reasonable time on any matter pending before him for the purpose of obtaining directly or indirectly. gift. (Sec. committee. Directly or indirectly having financial or pecuniary interest in any business. 4) Any person who shall knowingly induce or cause any public official to commit any of the offenses under (A). Any person having family or close personal relation with any public official who shall capitalize or exploit or take advantage of such family or close personal relation by directly or indirectly requesting or receiving any present. No. without sufficient justification. prior to the assumption of office of any of the above officials to whom he is related. permit. (Justice QuickTime™ and a TIFF (Uncompressed) decompressor Peralta) are needed to see this picture. h. or benefit in favor of any person not qualified for or not legally entitled to such license. Entering. . or advantage. (Justice Peralta). i. Neglecting or refusing. In determining whether the contract was manifestly and grossly disadvantageous. f. privilege. whether or not the public officer profited or will profit thereby. the Vice-President. into any contract or transaction manifestly and grossly disadvantageous to the same. on behalf of the Government. j. or releasing such information in advance of its authorized release date. directly or indirectly. or pecuniary advantage from any person having some business. That the partiality is manifest is a heavy burden on the prosecution. for personal gain. This prohibition shall not apply to: 1. acquired by his office or by him on account of his official position to unauthorized persons. and which exercises discretion in such approval. g.A. The defense applies in a case where the accused is an approving officer and is on trial for signing an unjust contract. or having a material interest in any transaction or act requiring the approval of a board. or contract with the government in which such public official has to intervene (Sec. who shall intervene. 3(e) of R. in any business transaction. contract or application with the government (Sec. Another defense is the Arias doctrine. contract or transaction in connection with which he intervenes or take part in his official capacity. within the 3 President of the Philippines. 5). panel. it is not merely consideration of the pecuniary amount involved. There is no attempted or frustrated stage of the crime defined in Sec. transaction. or group of which he is a member. the public officer MUST divest his interest.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions. 4) Spouse or any relative. 3019. or of a mere representative or dummy of one who is not so qualified or entitled. Any person who. Directly or indirectly becoming interested. privilege. The defense is that the approving officer relied on the prior signatures of his subordinates and had no reason to suspect wrong-doing and was swamped with a lot of documents on that day that he signed. Knowingly approving or granting any license. • Under the Code of Professional Conduct. application. panel or group. k. 4. has been already dealing with Page 113 of 174 3. by consanguinity or rd civil degree. Divulging valuable information of a confidential character. permit. or Speaker of the House of Representatives.
6. and loss of benefits if convicted by final judgment. detailed and sworn statement of assets and liabilities within 30 days after assuming office and th thereafter on or before the 15 day of April following the close of every calendar year. Penalty of forfeiture can be applied retroactively. as well as upon the expiration of his term of office. Any application filed by him. General Rule: Prescriptive period is 15 years (Sec. 5. NOTE: Competent court is the Sandiganbayan (Sec. 3. 7. NOTES: The gift is given in anticipation of future favor from the public officer. • Unlawful for such member of Congress or other public officer. 7). Any public officer who recommended the initiation in Congress of the enactment or adoption of any law or resolution and acquires or receives such interest during his incumbency.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 the government along the same line of business. acquittal Æ reinstatement and salaries and benefits which he failed to receive The courts are not bound by the statement of assets and liabilities filed. during the term for which he has been elected. That the said gifts are offered to him by reason of his office. and 3. 14). 8) decompressor are needed to see this picture. 2. That he accepts gifts. If a public official has been found to have acquired during his incumbency. 11). shall be excepted from the provisions of this act (Sec. Any public officer who shall fail to file a true. 1. Any transaction. whether in his name or in the name of other persons. ART. 2. an amount of property and/or money manifestly out of proportion to his salary and to his other lawful income. acquisition through legitimate means cannot be satisfactorily shown. Mere physical receipt unaccompanied by any other sign. who. Properties in the name of the spouse and dependents of such public official may be taken into consideration. There must be clear intention on the part of the public officer to take the gift offered and consider the property as his own for that moment. Any member of Congress. contract or application already existing or pending at the time of such assumption of public office. having such interest prior to the approval of such law or resolution authored or recommended by him. Bank deposits in the name of or manifestly excessive expenditures incurred by the public official. or upon his resignation or separation from office (Sec. circumstance or act to show such acceptance is not sufficient to convict the officer. Prima Facie Evidence of and Dismissal Due to QuickTime™ and a TIFF (Uncompressed) Unexplained Wealth (Sec. 211: INDIRECT BRIBERY Elements: 1. his spouse or any of their dependents including but not limited to activities in any club or association or any ostentatious display of wealth including frequent travel abroad of a non-official character by any public official when such activities entail expenses evidently out of proportion to legitimate income. That the offender is a public officer. 10). who shall acquire or receive any personal pecuniary interest in any specific business enterprise which shall be directly and particularly favored or benefited by any law or resolution authored by him previously approved or adopted by Congress during his term. 2. or rules or regulations issued pursuant to law. maximum duration of preventive suspension is 90 days. NOTES: No public officer shall be allowed to resign or retire pending an investigation Suspension while pending in court after valid information (cannot be automatic). when their Page 114 of 174 . 3. Any act lawfully performed in an official capacity or in the exercise of a profession. Exceptions: Unsolicited gifts or presents of small or insignificant value offered or given as a mere ordinary token of gratitude of friendship according to local customs or usage. continues for 30 days after such approval to retain such interest. the approval of which is not discretionary on the part of the official(s) concerned but depends upon compliance with requisites provided by law. 4.
That he should have taken advantage of his office. The offender is the giver of the gift or the offeror of the promise. rules and regulations 2. Immunity shall not attach should the information and/or testimony is false and malicious or made only for the purpose of harassing. That the offender be a public officer. molesting or in any way prejudicing the public officer denounced Direct bribery Officer agrees to perform or refrain from doing an act. The criminal penalty or imprisonment is distinct from the administrative penalty of suspension from the service.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 There is no attempted or frustrated indirect bribery. QUALIFIED BRIBERY ELEMENTS: 1. FRAUDS AGAINST THE PUBLIC TREASURY AND SIMILAR OFFENSES A. promise or gift. That the offers or promises are made or the gifts or presents given to a public officer. and can be corroborated on its material points 3. The information must refer to consummated violations of any of the above-mentioned provisions of law. • The felony is consummated by merely entering into an agreement with any interested party or speculator or by merely making use of any scheme to defraud the Government. In consideration of any offer. indirect. • • • are needed to see this picture. Chapter Three – FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS ARTICLE 213. that is. not in possession of the State. direct bribery is the crime). FRAUDS AGAINST PUBLIC TREASURY ARTICLE 212. or (c) the adjustment or settlement of account relating to a public property or funds. Indirect bribery Not necessary that the officer do an act. and 2. Bribery is usually proved by evidence acquired in entrapment Under PD 749. 3. and qualified QuickTime™ and a TIFF (Uncompressed) decompressor ELEMENTS: 1. That the offender makes offers or promises or gives gifts or presents to a public officer. CORRUPTION OF PUBLIC OFFICIALS ELEMENTS: 1. 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. Information and testimony are necessary for the conviction of the accused public officer. and 3. Public officers receiving gifts and private persons giving gifts on any occasion. The act may or may not be accomplished. including Christmas. he intervened in the transaction in his official capacity. are liable under PD 46. givers of bribes and other gifts as well as accomplices in bribery and other graft cases are immune from prosecution if they voluntarily give any information about any commission of direct. 2. Informant or witness has not been previously convicted of a crime involving moral turpitude 4. ARTICLE 211-A. bribery. That the accused had intent to defraud the government. That the offender is a public officer entrusted with law enforcement. provided that: 1. under circumstances that will make the public officer liable for direct bribery or indirect bribery. That he refrains from arresting/ prosecuting offender for crime punishable by reclusion perpetua and/or death (if lower penalty than stated above. and any corruption of public officials. and 4. Page 115 of 174 . 2.
That he takes advantage of his official position. fees and other imposts. swindling) • RTC has jurisdiction over the offense because the principal penalty is disqualification. directly or indirectly. commodities. That he commits any of the frauds or deceits enumerated in art. 2. POSSESSION OF PROHIBITED INTERESTS BY A PUBLIC OFFICER WHO ARE LIABLE: 1. Appointive public officials should not devote himself to commerce ARTICLE 216. failing voluntarily to issue a receipt. (estafa. a felony under this article is not committed. • Actual fraud is not necessary • Intervention must be by virtue of public office held • Act is punished because of the possibility that fraud may be committed or that the officer • • • • • • • ART. as provided by law. Experts. and 4. A tax collector who collected a sum larger than that authorized by law and spent all of them is guilty of two crimes. PROHIBITED TRANSACTIONS ELEMENTS: 1. This felony may be complexed with malversation. When there is deceit in demanding larger fees. ILLEGAL EXACTIONS ELEMENTS: 1. or c. if the sum is given as a sort of gift or gratification. A public officer who has the duty to collect taxes is directly accountable to the Government for money he collected since such money acquires the character of a public fund. demanding. If sums are received without demanding the same. the crime committed is estafa.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 B. 315 and 316. distribution or adjudication of which they had acted. or b. However. the crime is indirect bribery. etc. Public officer who became interested in any contract or business in which it is his official duty to intervene. That he is guilty of any of the following acts or omissions. 2. The offender is a public officer entrusted with the collection of taxes. Ex. wherein one hopes to take advantage of an expected rise or fall in price Æ for gain or profit and not merely as investment Purchasing of stocks or shares in a company is simple investment and not a violation of the article. 3. 3. for any sum of money collected by him officially. regularly buying securities for resale is speculation. That he becomes interested in the transaction during his incumbency. by way of payment or otherwise. That the offender is a public officer. collecting or receiving. arbitrators and private accountants who took part in any contract or transaction connected with the estate or property in the approval. Guardians and executors with respect to property belonging to their wards or the estate. and 2. 2. directly or indirectly the payment of sums different from or larger than those authorized by law. to see this picture. things or objects of a nature different from that provided by law. directly or indirectly. Officers and employees of the BIR or Customs are not covered by QuickTime™ this article and a but by the NIRC TIFF (Uncompressed) decompressor or the Administrative are needed Code. and Page 116 of 174 . • Mere demand of a larger or different amount is sufficient to consummate the crime. OTHER FRAUDS ELEMENTS: 1. That he becomes interested. for demanding a greater amount. That the transaction takes place within the territory subject to his jurisdiction. That the offender is an appointive public officer. licenses. a. 214. land. ARTICLE 215. However. in any transaction of exchange or speculation. 3. • Examples of transactions of exchange or speculation are buying and selling stocks. namely: (1) illegal exaction. The essence is the improper collection and damage to the government is not required. and (2) malversation for misappropriating the amount collected.
Any person who participated with the said public officer in the commission of plunder. (d). share. accumulates. agents. percentage.Congress: cannot personally appear as counsel. authority.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 may place his own interest above that of the Government or of the party which he represents. (d). B. • Constitutional prohibitions exist . 148560. subpar. engage in practice of profession F. GR NO. par. By receiving. conversion. directly TIFF (Uncompressed) decompressor are needed to see this picture. to constitute a “series” there must be two (2) or more overt or criminal acts falling under the same category of enumeration found in Page 117 of 174 . misuse or malversation of public funds or raids on the public treasury. kickbacks or any other form of pecuniary benefit from any person and/or entity in connection with any government contract or project or by reason of the office or position of the public officer concerned. relatives by affinity or consanguinity. However. By the illegal or fraudulent conveyance or disposition of assets belonging to the National Government or any of its subdivisions. cannot be interested financially in any franchise or special privilege granted by government. and/or implementation of decrees and orders intended to benefit particular persons or special interests. nominees. 1. JURISDICTION: Sandiganbayan. industrial or commercial monopolies or other combinations. the right of the State to recover properties unlawfully acquired by public officers from them or from their nominees or transferees shall not be barred by prescription. it being sufficient to establish beyond reasonable doubt a pattern of overt or criminal acts indicative of the overall unlawful scheme or conspiracy. or acquires ill-gotten wealth through a combination or series of overt or criminal acts as described under above in the aggregate amount or total value of at least 50 million pesos. C. including the promise of future employment in any business enterprise or undertaking. subordinates. subpar. equity or any other form of interest or participation. amasses. or indirectly. By taking undue advantage of official position. and/or business associates by any combination or series of the following means or similar schemes: A. agencies or instrumentalities or government-owned or controlled corporations and their subsidiaries.Constitutional Commission – cannot hold any other office. it is referring to at least two (2) acts falling under different categories of enumeration provided in sec. any commission. example: raids on the public treasury in sec. E. receiving or accepting. any shares of stock. gift. On the other hand. shall be guilty of the crime of plunder (as amended by RA 7659). (1). business associates and subordinates or other persons. By establishing agricultural. (3). B. cannot intervene in any matter before office of Goevrnment . AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER RA 7080 DEFINITION OF ILL-GOTTEN WEALTH: Any asset. ESTRADA VS. it shall not be necessary to prove each and every criminal act done by the accused in furtherance of the scheme and conspiracy to amass. RULE OF EVIDENCE: For purposes of establishing the crime of plunder. property. accumulate or acquire ill-gotten wealth. PRESCRIPTION: 20 years. SANDIGANBAYAN. QuickTime™ and a D. PERSONS LIABLE: A. relationship. by himself or in connivance with members of his family. 2001 what is meant by “combination” and “series” of overt or criminal acts under the plunder law? When the plunder law speaks of “combination”. Through misappropriation. Any public officer who. laches or estoppel. and fraudulent conveyance of assets belonging to the national government under sec. business enterprise or material possession of any person acquired by him directly or indirectly through dummies. directly or indirectly. NOVEMBER 21. 1 par. connection or influence to unjustly enrich himself or themselves at the expense and to the damage or prejudice of the Filipino people and the Republic of the Philippines. (d). By obtaining.Executive – cannot hold any other office . par. 1.
they are mala in se and it does not matter that such acts are punished in a special law. deposited or commingled with public funds). par. and they are accountable. A public officer who has qualified charge of gov’t property without authority to part with its physical possession upon order of an immediate superior cannot be held liable under this article. A qualified charge of properties does not qualify to possession contemplated in the crime of malversation where the possessor is only accountable to his immediate superior and not the government. • Joseph Ejercito Estrada vs. That those funds or property were public funds or property (even if private funds. especially since in the case of plunder the predicate crimes are mainly mala in se. when they have charge of national. verily. TIFF (Uncompressed) decompressor are needed to see this picture. say. The measure of negligence to be observed is the standard of care commensurate with the occasion. it would have taken greater pains in specially providing for it in the law. November 21. Government funds include revenue funds and trust funds. It can be committed either with malice or through negligence or imprudence (penalty is the same). Appropriated the funds or property b. his superior is the one accountable to the government Private individuals can also be held liable for malversation under 2 circumstances: 1. 1. when they are in conspiracy with public officers. It is not necessary that the offender profited by his malversation. (d). any doubt as to whether the crime of plunder is malum in se must be deemed to have been resolved in the affirmative decision of congress in 1993 to include it among the heinous crimes punishable by reclusion perpetua to death. G. Page 118 of 174 • • • • • • • Chapter Four – MALVERSATION OF PUBLIC FUNDS OR PROPERTY • ARTICLE 217. subpar. revenues or property in any capacity. approximating fraud or malice. That he had the custody or control of funds or property (if not accountable for the funds.contemplates public officer who receives money or property from government for which he is bound to account. 2. permitted any other person to take such public funds or property. crime committed is theft or qualified theft). In determining whether the offender is a public officer. moreover. Consented or. the negligence of the accountable public officer must be positively and clearly shown to be inexcusable. for when the acts punished are inherently immoral or inherently wrong. provincial or municipal funds. (1). Malversation is otherwise called embezzlement. Public funds taken need not be misappropriated. 2001 is the crime of plunder malum in se or malum prohibitum? Plunder is a crime of malum in se because the constitutive crimes are mala in se. the legislative declaration in r. 3. and 4. 148560.R. all of which falls under sec. If funds or property placed in custody of public officer.a.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 sec. No. In malversation through negligence. 1. the elements of mens rea must be proven in a prosecution for plunder. they become public if attached. Otherwise. had the legislature intended a technical or distinctive meaning for “combination” and “series”. a. That he… • • . seized. Took or misappropriated them c. and 2. the crime committed is estafa. That the offender be a public officer (or private person if entrusted with public funds or if in connivance with public QuickTime™ and a officers). His being remiss in the duty of safekeeping public funds violates the trust reposed. through abandonment or negligence. such funds or property partake nature of a public fund. Sandiganbayan. malversation and raids on the public treasury. what is controlling is the nature of his office and not the designation . par. MALVERSATION OF PUBLIC FUNDS OR PROPERTY ELEMENTS: 1. misappropriation. 7659 that plunder is a heinous offense implies that it is malum in se. must have authority to collect or receive The funds or property must be received in an official capacity. (d).
the accountable officer is notified. if at the very moment when the shortage is discovered. by any authorized officer. the presumption does not arise. • ARTICLE 218. goods or other personal property ELEMENTS: 1. 3. • Demand and misappropriation are not necessary. That there is public fund or property under his administration. Hipol. A person whose negligence made possible the commission of malversation by another can be held liable as a principal by indispensable cooperation. (Uncompressed) decompressor are needed to see this picture. ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY ELEMENTS OF TECHNICAL MALVERSATION: 1. That such public fund or property has been appropriated by law or ordinance (without this. QuickTime™ and a People v. the missing amount is found in an unaccustomed place. 2. However. That he is required by law or regulation to render accounts to the Commission on Audit. Returning the embezzled funds is not an exempting circumstance but only mitigating. whether in the service or separated therefrom. The failure of a public officer to have any duly forthcoming public funds or property upon demand. That he must have unlawfully left (or be on the point of leaving) the Philippines without securing from the Commission on Audit a certificate showing that his accounts have been finally settled. GR 7/22/03 TIFF 140549. That he must be an accountable officer for public funds or property. or misappropriating/consentin g. • • ARTICLE 220.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 • • When malversation is not committed through negligence. FAILURE OF A RESPONSIBLE PUBLIC OFFICER TO RENDER ACCOUNTS BEFORE LEAVING THE COUNTRY ELEMENTS: 1. There is also no malversation when the accountable officer is obliged to go out of his office and borrow the amount corresponding to the shortage and later. FAILURE OF ACCOUNTABLE OFFICER TO RENDER ACCOUNT FAILURE OF ACCOUNTABLE OFFICER TO RENDER ACCOUNT Page 119 of 174 . or through abandonment or negligence. 3. and 4. That he fails to do so for a period of two months after such accounts should be rendered. and he immediately pays the amount from his pocket. the offender does not derive any personal gain. 2. 2. That the offender is a public officer. That the offender is a public officer. and 3. • The act of leaving the Philippines must be unauthorized or not permitted by law. permitting any other person to take the public funds/property ESTAFA WITH ABUSE OF CONFIDENCE (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. shall be prima facie evidence that he has put such missing funds or property to personal use. the funds are merely devoted to some other public use. converting. MALVERSATION (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. What is essential is that appellant had custody or control of public funds by reason of the duties of his office. The fact that the obligation to deposit the collections of the City Treasurer's Office is not covered by appellant's official job description is of no legal consequence in a prosecution for Malversation. That he must be an accountable officer for public funds or property. That the offender is a public officer. Absence of damage is only a mitigating circumstance. • To distinguish this article with Art 217 (malversation). • • ARTICLE 219. That he applies the same to a public use other than for which such fund or property has been appropriated by law or ordinance. or denying having received money. taking. and 4. it is simple malversation) . Demand by or damage to the government are not necessary elements of the crime of malversation. lack of criminal intent or good faith is a defense. or to a provincial auditor. in illegal use of public funds or property.
to deliver property in his custody or administration when ordered by competent authority. in any capacity. 2. and 4. revenue. Example: a withholding tax agent 2. 2. either detention prisoner or prisoner by final judgment. funds or property in his possession. That the public officer has gov’t. 217 TO 221: 1. Neither is mere leniency or laxity in the performance of duty constitutes of infidelity. Administrator or depositary of funds or property that has been attached. From that time on. By failing to make payment by a public officer who is under obligation to make such payment from Government funds in his possession 2. • Penalty is based on value of funds/property to be delivered. CONNIVING WITH OR CONSENTING TO EVASION ELEMENTS: 1. That such prisoner escaped from his custody. That such prisoner escapes through his negligence. even if owned by a private individual. or property. impounded or placed in deposit by public authority) Private property is included if it is attached.(Appointed to administer estate of TIFF (Uncompressed) decompressor are needed to see this picture. 3.” (ApostThe ol) The release of a detention prisoner who could not be delivered to judicial authorities within the time fixed by law is not infidelity in the custody of a prisoner. he is already a detention prisoner even if he is not yet incarcerated. Private individual who. That he is charged with the conveyance or custody of a prisoner. That the offender is a public officer (on duty). There is real and actual evasion of service of sentence when the custodian permits the prisoner to obtain a relaxation of his imprisonment. deceased and not in charge of property attached. OFFICERS INCLUDED IN THE PRECEDING PROVISIONS PERSONS LIABLE UNDER ART. By 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 (must be malicious) ELEMENTS: 1. This refers to the accomplishment of the booking sheet and made to fill a form (sic) where he is finger printed. • Page 120 of 174 . FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS OR PROPERTY ACTS PUNISHED: 1. and 3. That he was in connivance with the prisoner in the latter’s escape. ARTICLE 222. 2. EVASION THROUGH NEGLIGENCE ELEMENTS: 1. seized or deposited by public authority. either detention prisoner or prisoner by final judgment. have charge of any national.A person becomes a detention prisoner from the moment he is booked. make payment from such funds. or b. That he is charged with the conveyance or custody of a prisoner. NOTES: • The article punishes a definite laxity which amounts to deliberate non-performance of a duty. • • Sheriffs and receivers fall under the term “administrator” Judicial administrator not covered by this QuickTime™ and a article. • ARTICLE 224. provincial or municipal funds. and 3.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ARTICLE 221. seized or deposited by public authority. That the offender is a public officer. That he maliciously fails or refuses to do so. That he is under obligation to either: a. • Chapter Five – INFIDELITY OF PUBLIC OFFICERS ARTICLE 223. • DETENTION PRISONER .
if he is a prisoner by final judgment. That the conveyance or custody of a prisoner or person under arrest is confided to him. and 4. That the offender consents to the escape of the prisoner or person under arrest. It is immaterial whether or not the illicit purpose of the offender has been accomplished. periodicals. That the offender is a public officer. 3. or that the escape takes place through his negligence. 3. to profit by it. That he abstracts. That the said document or paper should have been entrusted to such public officer by reason of his office. • Removal is consummated upon removal or secreting away of the document from its usual place. . and 4. • The damage may either be great or small. damage is presumed. ESCAPE OF PRISONER UNDER THE CUSTODY OF A PERSON NOT A PUBLIC OFFICER ELEMENTS: 1. • Delivering the document to the wrong party is infidelity in the custody thereof. REMOVAL.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 • The fact that the public officer recaptured the prisoner who had escaped from his custody does not afford him complete exculpation. pamphlets. destroys or conceals a QuickTime™ and a document or TIFFpapers. are not documents. to commit any act constituting a breach of trust in the official care thereof. and 4. he is liable for evasion of service (art 157) b. That the offender is a public officer. • A post office official who retained the mail without forwarding the letters to their destination is guilty of infidelity in the custody of papers. (Uncompressed) decompressor are needed to see this picture. • Infidelity in the custody of documents through destruction or concealment does not require proof of an illicit purpose. or c. Page 121 of 174 ARTICLE 226. That these papers or property are sealed by proper authority. That the offender is a private person. That damage. b. That he breaks the seals or permits them to be broken. The liability of an escaping prisoner: a. to a third party or to the public interest should have been caused. 2. • • It is the breaking of the seals and not the opening of a closed envelope which is punished. CONCEALMENT. 2. There is illicit purpose when the intention of the offender is to: a. The negligent public officer suffers the same penalty regardless of whether the prisoner is a convict or merely a detention prisoner. • • ARTICLE 225. That he is charged with the custody of papers or property. That the offender be a public officer. promissory notes and paper money. he does not incur criminal liability (unless cooperating with the offender). • The offender must be in custody of such documents because of his official capacity. That the prisoner or person under arrest escapes. 3. • “Papers” would include checks. • This article is not applicable if a private person made the arrest and he consented to the escape of the person he arrested. tamper with it. if he is a detention prisoner. NOTES: • The document must be complete and one by which a right could be established or an obligation could be extinguished. OR DESTRUCTION OF DOCUMENTS ELEMENTS OF INFIDELITY IN CUSTODY OF DOCUMENTS: 1. etc. OFFICER BREAKING SEAL ELEMENTS: 1. • Books. 2. ARTICLE 228. ARTICLE 227. Damage or intent to cause damage is not necessary. whether serious or not. • Removal of a document or paper must be for an illicit purpose. OPENING OF CLOSED DOCUMENTS ELEMENTS: 1.
On the other hand. 3. and 3. That he opens or permits to be opened said closed papers. Page 122 of 174 . 2. Damage to private individual is not necessary. That the offender is a public officer. ARTICLE 230. documents. 5. be caused to the public interest. ELEMENTS: 1. That the offender without any legal justification openly refuses to execute the said judgment. their removal for an illicit purpose is infidelity in the custody of documents. That he delivers those papers or copies thereof to a third person. 3. That he reveals such secrets without authority or justifiable reason. CHARGE means custody or control. DISOBEDIENCE TO ORDER OF SUPERIOR OFFICER. That the offender is a public officer. Secrets of a private individual is not included. Damage is essential to the act committed. That damage. ELEMENTS: 1. That he has charge of papers. Article 229. If he is merely entrusted with the papers and not with the custody thereof. Revelation of secrets by an officer. decision or order was made within the scope of the jurisdiction of the superior authority and issued with all the legal formalities. That he reveals such secret without authority or justifiable reasons. That those papers should not be published. ELEMENTS OF PAR. That the delivery is wrongful. That he knows of the secret of a private individual by reason of his office. 4. Damage is not necessary. ELEMENTS: 1. That he does not have proper authority. and 6. the crime is revelation of secrets. and 4. decision or order of superior authority. That any closed papers. WHEN SAID ORDER WAS SUSPENDED BY INFERIOR OFFICER. and the public officer are needed to see this picture. 209 (betrayal of trust by an attorney). That the offender is a public officer.OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS ARTICLE 231.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 2. That such judgment. That the offender is a public officer. 3. having charge thereof removes and delivers them wrongfully to a third person. Espionage for the benefit of another State is not contemplated by the article. 2 (WRONGFULLY DELIVERING PAPERS OR COPIES OF PAPERS OF WHICH HE MAY HAVE CHARGE AND WHICH SHOULD NOT BE PUBLISHED): 1. he is properly liable under Art. 2. That he has for any reason suspended the execution of such order. 3. ARTICLE 232. great or small. or objects are entrusted to his custody. he is not liable under this article. if the papers do not contain secrets. That an order is issued by his superior for execution. Chapter Six . decision or under which he is duty bound to obey. That he knows of a secret by reason of his official capacity. 2. Revelation to one person is sufficient. Judgment should have been rendered in a hearing and issued within proper jurisdiction and with all required legal solemnities. 1 (SECRETS KNOWN BY REASON OF HIS OFFICIAL CAPACITY): 1. documents or objects. That damage be caused to public interest. If regarding military secrets or secrets affecting state security. 2. If the offender is an attorney. OPEN DISOBEDIENCE. PUBLIC OFFICER REVEALING SECRETS OF PRIVATE INDIVIDUAL. Secret must affect public interest. the crime may be espionage. That the offender is a judicial or executive officer. That there is a judgment. ELEMENTS OF PAR. 3. If the papers contain secrets which should QuickTime™ and a TIFF (Uncompressed) decompressor not be published. and 4. 2. and 4.
ELEMENTS: 1. ARTICLE 236. 3. That his superior disapproves the suspension of the execution of the order. That he maltreats such prisoner in either of the following manners: a. That the offender fails to do so maliciously. Maltreatment not due to personal grudge. That the offender is a public officer. Refusal to discharge the duties of appointive office is not covered by article. This felony involves a request from one public officer to another. 2. If the elected person is disqualified. the person arrested must be placed in jail even for just a short time. Damage to the public interest or third party is essential. by inflicting such punishments (those authorized) in a cruel and humiliating manner. and 3. PROLONGING PERFORMANCE OF DUTIES AND POWERS. A public officer is not liable if the order of the superior is illegal. That he has charge of a prisoner or detention prisoner (otherwise the crime is physical injuries). or ii. 2. and ARTICLE 237. That the offender is holding a public office. REFUSAL TO DISCHARGE ELECTIVE OFFICE. That the law requires that he should first be sworn in and/or should first give a bond. Offended party: Convict by final judgment or detention prisoner To be considered a detention prisoner. That he refuses to be sworn in or discharge the duties of said office. 2. That the offender is entitled to hold a public office or employment. That he has not taken his oath of office and/or given the bond required by law. Demand must be from competent authority ARTICLE 234. ELEMENTS: 1. That the offender is elected by popular election to a public office. refusal to be sworn in or to discharge duties of the office is justified. 2. Page 123 of 174 . and 5. and 4. or b. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. by overdoing himself in the correction or handling of a prisoner or detention prisoner under his charge either – i. REFUSAL OF ASSISTANCE. 2. ANTICIPATION OF DUTIES OF A PUBLIC OFFICE. That there is no legal motive for such refusal to be sworn in or to discharge the duties of said office. That he assumes the performance of the duties and powers of such office. MALTREATMENT OF PRISONERS. Offender may also be held liable for physical injuries or damage caused. That a competent authority demands from the offender that he lend his cooperation towards the administration of justice or other public service. That the offender is a public officer or employee. 3. (Penalty provided in Article 235 is imposed in addition to penalty for injury or damage caused) ARTICLE 233. ARTICLE 235.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 4. ELEMENTS: 1. by maltreating such prisoner to extort a confession or to obtain some information from the prisoner. his the an this ELEMENTS: 1. Demand is necessary. either by election or appointment. by the imposition of punishments not authorized by the regulations. That the offender disobeys his superior despite the disapproval of the suspension. The public officer must have actual charge of the prisoner in order to be held liable (not merely by legal fiction) 1. ELEMENTS: 1. 3.
and 3. regulations or special provisions for holding such office has already expired. That he continues to exercise the duties and powers of such office. Page 124 of 174 . That the period provided by law. declared over-aged or dismissed QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 2. The article contemplates officers who have been suspended. separated.