P. 1
Criminal Law II Reviewer Verga

Criminal Law II Reviewer Verga

|Views: 1|Likes:
Published by Joseph Pamaong

More info:

Published by: Joseph Pamaong on Feb 11, 2014
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

02/11/2014

pdf

text

original

Criminal Law II Reviewer

Criminal Law II Reviewer Summary of Book II
Crime 11 !reason 1. 2. 3. Elements Offender is a Filipino citizen or an alien residing in the Philippines There is war in which the Philippines is involved Offender either: a. levies war against the government i. that there be an actual assembling of men ii. for the purpose of e!ecuting a treasonable design b" force b. or adheres to the enemies giving them aid or comfort Penalty Filipino (itizen # )P to death and a fine not to e!ceed P1** *** +lien # )T to death and a fine not to e!ceed P1** *** ,o comple! crime of treason with murder ph"sical in-uries. +ggravating (ircumstances: cruelt" ignomin" +rt. /0 not strictl" applied to treason 1ravit" of seriousness of acts of treason are considered 1. 2. 3. 0. 3.

Vena V. Verga

Important Points to Remember Treason cannot be committed in time of peace 2n treason b" lev"ing war it is not necessar" that there be a formal declaration of the e!istence of a state of war The war must be directed against government The purpose of lev"ing war is to deliver the countr" in whole or in part to the enem"$ must be in collaboration with foreign enem" The aid or comfort given to the enemies must be after the declaration of war$ the enemies must be the sub-ect of foreign power ,o treason thru negligence 5hen common crimes are charged as overt acts of treason the" cannot be regarded as separate crimes or as comple!ed b" treason. Treason b" Filipino citizen ma" be committed outside the Philippines Treason is a continuous offense Treason cannot be proved b" circumstantial evidence or e!tra-udicial confession of accused Two witness rule is severel" restrictive 8ufficient that witnesses are uniform in their testimon" on the overt act$ it is not necessar" that there be corroboration between them on the point the" testified +dherence ma" be proved b" one witness or from the nature of the act itself or from the circumstances surrounding the act 9efense of suspended allegiance and change of sovereignt" is not accepted 9efense of obedience to de facto 1overnment is acceptable 9efense of duress or uncontrollable fear is acceptable Page 1 of /.

!reason # branch of allegiance to a government committed b" a person who owes allegiance to it "llegian#e # obligation of fidelit" and obedience which the individuals owe to the government under which the" live or to their sovereign in return for the protection the" receive$ either permanent or temporar" "$%eren#e to Enemy # intent to betra"$ when a citizen intellectuall" or emotionall" favors the enem" and harbors s"mpathies or convictions dislo"al to his countr"%s polic" or interests& "i$ or Comfort # an act which strengthens or tends to strengthen the enem" in the conduct of war against the traitor%s countr" and an act which wea'ens or tends to wea'en the power of the traitor%s countr" to resist or to attac' the enem" &ays of Proving !reason' 1. Testimon" of 2 witnesses at least to the same overt act$ or 2. (onfession of the accused in open court

/. 4. 6. 7. 1*. 11. 12.

13. 10. 13. 1/.

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Criminal Law II Reviewer
11. Conspira#y an$ Proposal to Commit !reason 110 1isprision of !reason 1. 2. 1. 2. 3. 11/ Espionage 1. (onspirac" to (ommit Treason Proposal to (ommit Treason Offender must be owing allegiance to the government and not a foreigner ;e has 'nowledge of an" conspirac" to commit treason against the government ;e conceals or does not disclose and ma'e 'nown the same as soon as possible to governor or fiscal of province or the ma"or or fiscal of the cit" in which he resides <" entering without authorit" therefore a warship fort or naval or militar" establishment or reservation to obtain an" information plans photographs or other data of a confidential nature relative to the defense of the Philippines a. Offender enters an" of the places mentioned therein b. ;e has no authorit" therefore c. ;is purpose is to obtain info plans etc. of a confidential nature relative to defense of )P <" disclosing to the representative of a foreign nation the contents of the articles data or information referred to in Par. ,o. 1 which he had in his possession b" reason of the public office he holds a. Offender is a public officer b. ;e has in his possession the articles etc. b" reason of the public office he holds c. ;e discloses their contents to a representative of a foreign nation Offender performs unlawful or unauthorized acts 8uch acts provo'e or give occasion for a war involving or liable to involve the Philippines or e!pose Filipino citizens to reprisals on their persons or propert" There is a war which the Philippines is not involved There is a regulation issued b" competent authorit" for the purpose of enforcing neutralit" Offender violates such regulation P: and a fine not e!ceeding P1* *** P( and a fine not e!ceeding P3 *** +ccessor" to the crime of treason

Vena V. Verga
The two witness rule does ,OT appl" to this article

1. 2.

(onspirac" is one to commit treason +rticle 11/ is an e!ception to the rule that mere silence does not ma'e a person criminall" liable

P( Penalt" ne!t higher in degree shall be imposed if the offender be a public officer or emplo"ee.

1.

2. 3. 0.

2.

112 In#iting to &ar or 3iving 1otives 114 Violation of 5eutrality

1. 2.

1. 2. 3.

)T if public officer or emplo"ee P: if private individual P(

1. 2.

=spionage # gathering transmitting or losing information respecting the national defense with intent or reason to believe that the information is to be used to the in-ur" of the )P or to the advantage of an" foreign nation To be liable under paragraph 1 the offender must have the intention to obtain information relative to the defense of )P 2t is not necessar" that the information is obtained =spionage distinguished from treason: a. <oth are crimes not conditioned on citizenship b. =spionage # ma" be committed in man" wa"s both in time of peace or war$ Treason # 2 wa"s of committing$ and onl" in time of war The intention of offender is immaterial (ommitted in time of peace

1.
2.

5eutrality # a nation or power which ta'es no part in a contest of arms going on between others is referred to as neutral There must be regulation issued b" competent authorit" for enforcement of neutralit" Page + of /.

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Criminal Law II Reviewer
1+, 1. 2. 3. 2t is in time of war in which the Philippines is involved Offender ma'es correspondence with an enem" countr" or territor" that is occupied b" enem" troops The correspondence is either a. Prohibited b" the government b. (arried in ciphers or conventional signs c. (ontaining notice or information which might be useful to the enem" P(

Vena V. Verga 1.
Correspon$en#e # communicating b" means of letters$ or it ma" refer to the letters which pass between those who have friendl" or business relations =ven if correspondence contains innocent matters if such has been prohibited b" the government it is punishable Prohibition b" the government is not essential in paragraphs 1 and 2 >ualif"ing circumstances that must concur together: a. The notice or information might be useful to the enem" b. The offender intended to aid the enem" +n alien resident ma" be guilt" of flight to enem" countr" :ere attempt to flee or go to enem" countr" consummates crime +rticle 121 must be implemented b" the 1overnment

Correspon$en# e wit% 6ostile Country

P: )T if info ma" be useful to enem" )T to death if intention was to aid the enem"

2. 3. 0.

1+1 7lig%t to Enemy8s Country 1++ Pira#y in 3eneral an$ 1utiny on t%e 6ig% Seas or in P%ilippine &aters

1. 2. 3. 0. 1. 2. 3.

There is a war which the Philippines is involved Offender must be owing allegiance to the government Offender attempts to flee or go to enem" countr" 1oing to enem" countr" is prohibited b" competent authorit" ?essel is on the high seas or in Philippine waters Offenders are not members of its complement or passengers of the vessel Offenders either a. attac' or seize the vessel b. seize the whole or part of the cargo of said vessel it%s e@uipment or personal belongings of its complement or passengers

+rresto :a"or

1. 2. 3.

)P 8ame penalt" shall be inflicted in case of mutin" on the high seas or in Philippine waters

1.

Pira#y # robber" or forcible depredation on the high seas without lawful authorit" and done with animo furandi and in the spirit and intention of universal hostilit" 1utiny # unlawful resistance to a superior officer or the raising of commotions and disturbances on board a ship against the authorit" of the commander

6ig% Seas # an" waters on the sea coast which are without the boundaries of lowA water mar' although such waters ma" be in the -urisdictional limits of a foreign government +. Pira#y 9istinguis%e$ 7rom Robbery in 6ig% Seas a. 2n pirac" offender is an outsider$ in robber" offender is member of crew or passenger b. 2n both there is intent to gain and manner of committing the crime is the same :. Pira#y 9istinguis%e$ from 1utiny a. 2n pirac" the offenders are strangers$ in mutin" the" are members of the crew or passengers b. 2n pirac" intent to gain is essential$ in mutin" the intention ma" be to ignore ship%s officers or to commit plunder

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Page : of /.

Criminal Law II Reviewer
1+: ;ualifie$ Pira#y ;ualifying Cir#umstan#es' 1. 8eized vessel b" boarding or firing upon the same$ or 2. Pirates have abandoned their victims without means of saving themselves$ or 3. (rime is accompanied b" murder homicide ph"sical in-uries or rape 1. Offender is a public officer or emplo"ee 2. ;e detains a person 3. 9etention is without legal grounds 9etention # when a person is placed in confinement or there is a restraint on his person 9etention is wit%out legal groun$s' 1. 5hen he has not committed an" crime or at least there is no reasonable ground for suspicion that he has committed a crime$ or 2. 5hen he is not suffering from violent insanit" or an" other ailment re@uiring compulsor" confinement in a hospital 8pecial comple! crime punishable b" )P to 9eath regardless of number of victims ,ot e!ceeded 3 da"s # + :a"or in ma!imum to P( in minimum :ore than 3 less than 13 da"s # P( in medium and ma!imum :ore than 13 not more than / months # P: =!ceeded / mos. # )T 1. 2.

Vena V. Verga
+n" person who aids or protects pirates or abets the commission of pirac" shall be considered as an accomplice ).+. /233 # +n +ct Punishing (ertain +cts 2nimical to (ivil +viation Legal 3roun$s for 9etention of Prisoner: a. the commission of a crime b. violent insanit" or o the ailment re@uiring the compulsor" confinement of the patient in a hospital +rrest without warrant is the usual cause of arbitrar" detention +rrest 5ithout 5arrant 5hen Bawful C8ec. 3 )ule 113D Personal 'nowledge is re@uired + crime must in fact or actuall" have been committed There is no reasonable ground if officer onl" wants to 'now the commission of crime There is arbitrar" detention thru imprudence 2f the offender is a private person the crime is illegal detention 9etention must be for some legal ground +rticle 123 does not appl" when the arrest is b" virtue of a warrant of arrest but must be a lawful arrest 9eliver" does not consist in a ph"sical deliver" but in ma'ing an accusation or charge or filing of an information against person 9ut" of the detaining officer is deemed complied with upon the filing of the complaint with the -udicial authorit" Provisions of +rticle 123 ma" be waived if person as's for preliminar" e!amination ?iolation of +rticle 123 does not affect legalit" of confinement under process issued b" a court The illegalit" of the detention is not cured b" the filing of the information in court Fiscal is not liable unless he ordered detention Page of /.

1+ "rbitrary 9etention

1.

2. 3.

0. 3. 1. 2. 3. 0.

1+. 9elay in 9elivery of 9etaine$ Person to Proper <u$i#ial "ut%orities

1. 2. 3.

Offender is a public officer or emplo"ee ;e has detained a person for some legal ground ;e fails to deliver such person to the proper -udicial authorities within: a. 12 hours for offenses punishable b" light penalties or their e@uivalent b. 16 hours for offenses punishable b" corrective penalties or their e@uivalent c. 3/ hours for offenses punishable b" afflictive or capital or their e@uivalent

Proper <u$i#ial "ut%orities # means the courts of -ustice or -udges or said courts vested with -udicial power to order the temporar" detention or confinement of a person charged with having committed a public offense Rig%ts of Person 9etaine$' 1. ;e shall be informed of the cause of his detention 2. ;e shall be allowed upon his re@uest to communicate and confer at an"time with his attorne" or counsel Cir#umstan#es #onsi$ere$ in $etermining liability of (vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

8ame as ne!t preceding article: 5ithin 12 hours for light penalties 5ithin 16 hours for corrective penalties 5ithin 3/ hours for afflictive or capital penalties

3. /. 4. 6. 7.

Criminal Law II Reviewer
offi#er $etaining a person beyon$ legal perio$' 1. means of communication 2. hour of arrest 3. other circumstances Ctime etc.D

Vena V. Verga
1*. +rticle 123 distinguished from +rticle 120 # in +rt. 120 the detention is illegal from the beginning$ in +rt. 123 the detention is legal in the beginning but the illegalit" of the detention starts from the e!piration of an" of the periods of time specified without person detained having been delivered to proper -udicial authorit" 5ardens and -ailers are the public officers most li'el" to violate +rticle 12/

1+0 9elaying Release

1. 2.

1+/ E=pulsion 1+2 Violation of 9omi#ile

That offender is a public officer or emplo"ee There is a -udicial or e!ecutive order for the release of a prisoner or detention prisoner or that there is a proceeding upon a petition for the liberation of such person 3. The offender without good reason dela"s: a. the service of the notice of such order to the prisoner b. the performance of such -udicial or e!ecutive order for the release of the prisoner c. the proceedings upon a petition for the release of such person 1. Offender is a public officer or emplo"ee 2. ;e e!pels an" person from the Philippines or compels a person to change his residence 3. The offender is not authorized to do so b" law "#ts Punis%e$' 1. <" entering an" dwelling against the will of the owner thereof$ or 2. <" searching papers or other effects found therein without the previous consent of such owner$ or 3. <" refusing to leave the premises after having surreptitiousl" entered said dwelling and after having been re@uired to leave the same =lements (ommon to the Three +cts: 1. Offender is a public officer or emplo"ee 2. ;e is not authorized b" -udicial order to enter the dwelling and E or to ma'e a search therein for papers and other effects

8ame as +rticle 120

P(

Onl" the court b" a final -udgment can order a person to change his residence 1. 2. + public officer or emplo"ee is authorized b" -udicial order when he is armed with a search warrant dul" issued b" the court F+gainst the will of the ownerG presupposes opposition or prohibition b" said owner whether e!press or implied$ if it is onl" without the consent of the owner the crime is not committed )ight of officer to brea' into building or enclosure C8ec 11 )ule 113 1763 )ules on (riminal ProcedureD (ircumstances >ualif"ing the Offense: a. 2f the offense is committed at nighttime$ or b. 2f an" papers or effects not constituting evidence of a crime are not returned immediatel" after the search was made Papers of other effects must be found in the dwelling Page . of /.

P( in minimum P( in medium and ma!imum if with >ualif"ing circumstances of nighttime or if an" papers or effects not constituting evidence of a crime be not returned immediatel"

3. 0.

3.

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Criminal Law II Reviewer
1+4 Sear#% &arrants 1ali#iously >btaine$ an$ "buse in Servi#e of !%ose Legally >btaine$ "#ts Punis%e$' 1. <" procuring a search warrant without -ust cause a. Offender is a public officer or emplo"ee b. Procures a search warrant c. There is no -ust cause 2. <" e!ceeding his authorit" or b" using unnecessar" severit" in e!ecuting a search warrant legall" procured a. The offender is a public officer or emplo"ee b. ;e has legall" procured a search warrant c. ;e e!ceeds his authorit" or uses unnecessar" severit" in e!ecuting the same Sear#% &arrant # an order in writing issued in the name of the People of the Philippines signed b" a -udge and directed to a peace officer commanding him to search for personal propert" described therein and bring it before the court Probable Cause # such reasons supported b" facts and circumstances as will warrant a cautious man in the belief that his action and the means ta'en in prosecuting it are legall" -ust and proper Biabilit" attaching to Offender for commission of an" other offense Cper-ur"D and + :a"or in ma!imum to P( in minimum and fine not e!ceeding P1 *** 1.

Vena V. Verga
Personal Propert" to be 8eized: a. 8ub-ect of the offense$ or b. 8tolen or embezzled and other proceeds or fruits of the offense$ or c. Hsed or intended to be used as the means of committing an offense 8earch warrant will not issue e!cept upon probable cause 8earch warrant is valid for 1* da"s from its date The true test of lac' of -ust cause is whether the affidavit filed in support of the application for search warrant has been drawn in such a manner that per-ur" could be charged thereon and affiant be held liable for damages caused 8earch and seizure without warrant as an incident to lawful arrest is legal Peace officers ma" enter house of an offender who committed an offense in their presence 8earch and seizure of vessels without a search warrant legal Sear#% # to go over or loo' thru for the purpose of finding something$ to e!amine 9istinguish +rticle 126 from +rticle 13* # 2n violation of domicile the public officer has not authorit" to ma'e a search warrant$ in +rticle 13* public officer has a search warrant Private individual cannot commit this crime Hnder paragraph 1 public officer must act without legal ground 5hen the meeting to be held is not peaceful there is legal ground for prohibiting it The right to peaceabl" assemble is not absolute and ma" be regulated The offender must be a stranger not a participant in the meeting Preventing a religious ceremon" to ta'e place punishable under this article Page 0 of /.

2. 3. 0.

3. /. 4.

1:, Sear#%ing 9omi#ile &it%out &itnesses

1. 2. 3. 0.

The offender is a public officer or emplo"ee ;e is armed with search warrant legall" procured ;e searches the domicile papers or other belongings of an" person The owner or an" member of his famil" or two witnesses residing in the same localit" are not present Offender is a public officer or emplo"ee ;e performs an" of the following acts: a. Prohibiting or interrupting without legal ground the holding of a peaceful meeting or b" dissolving the same b. ;indering an" person from -oining an" lawful association or from attending an" of its meetings c. Prohibiting or hindering an" person from addressing either alone or together with others an" petition to the authorities for the correction of abuses or redress of grievances Offender is a public officer or emplo"ee )eligious ceremonies or manifestations of an" religion are

+ :a"or in medium and ma!imum

1.
2.

1:1 Pro%ibition) Interruption) an$ 9issolution of Pea#eful 1eetings

1. 2.

P( in minimum

1. 2. 3. 0. 3.

1:+ Interruption

1. 2.

P( in minimum P( in medium

1.

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Criminal Law II Reviewer
of Religious &ors%ip about to ta'e place or are going on 3. Offender prevents or disturbs the same ;ualifying Cir#umstan#e' if the crime is committed with violence or threats 1. +cts complained of were performed: a. 2n a place devoted to religious worship or b. 9uring the celebration of an" religious ceremon" 2. The acts must be notoriousl" offensive to the feelings of the faithful Religious Ceremonies # religious acts performed outside of a church such as processions and special pra"ers for bur"ing dead person 1. There be a public uprising and ta'ing arms against the 1overnment 2. The purpose of the uprising or movement is either: a. to remove from the allegiance to said government or its laws: i. the territor" of the Philippines or an" part thereof$ or ii. an" bod" of land naval or other armed forces$ or b. To deprive the (hief =!ecutive or (ongress wholl" or partiall" of an" of their powers or prerogatives Rebellion # used where the ob-ect of the movement is completel" to overthrow and supersede the e!isting government Insurre#tion # used in reference to a movement which see's merel" to effect some change of minor importance or to prevent the e!ercise of governmental authorit" with respect to particular matters or sub-ect Rebellion $istinguis%e$ from !reason' 1. )ebellion # lev"ing of war during peace time for an" of the purposes mentioned$ Treason # performed in aid of enem" during wartime 2. )ebellion alwa"s involves ta'ing up arms against government$ Treason ma" be committed b" mere adherence to the enem" giving aid or comfort and ma!imum if committed with violence or threats + :a"or in ma!imum to P( in minimum 2.

Vena V. Verga
)eading a bible and then attac'ing certain churches in a public plaza is not a ceremon" of manifestation of religion but onl" a meeting of a religious sect 2t is not necessar" that there is a religious ceremon" going on when the offender performs acts notoriousl" offensive to the feelings of the faithful There must be deliberate intent to hurt the feelings of the faithful Offense to feelings is -udged from complainant%s point of view

1:: >ffen$ing t%e Religious 7eelings

1.

2. 3. )P # person who promotes maintains or heads rebellion or insurrection )T # person merel" participating or e!ecuting commands of others 1.

1: Rebellion or Insurre#tion

)ebellion or of inciting it is a crime of masses of a multitude 2. +ctual clash of arms with the forces of the government not necessar" to convict the accused who is in conspirac" with others actuall" ta'ing arms against the government 3. Purpose of the uprising must be shown 0. 2t is not necessar" that the purpose be accomplished 3. 1iving aid or comfort not criminal in rebellion /. )ebellion distinguished from 8ubversion # rebellion is a crime against public order$ 8ubversion # li'e treason against national securit" 4. :ere silence or omission is not punishable in rebellion 6. 2t is not a defense in rebellion that the accuse never too' the oath of allegiance to or that the" never recognized the government 7. Those who 'illed persons in pursuance of movement to overthrow government are liable for rebellion onl" 1*. There is no comple! crime of rebellion with murder and other common crimes C;ernandez rulingD 11. Iilling robbing etc for a private purpose or profit without an" political motivation would be separatel" punished and would not be absorbed in the rebellion Page / of /.

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Criminal Law II Reviewer
1: -" Coup $8etat 1. 2. 3. Offender is a personCsD belonging to the militar" or police or holding an" public office or emplo"ment 2t is committed b" means of a swift attac' accompanied b" violence intimidation threat strateg" or stealth The attac' is directed against dul" constituted authorities of the Philippines or an" militar" camp or installation communication networ's public utilities or other facilities needed for the e!ercise and continued possession of power The purpose of the attac' is to seize or diminish state power

Vena V. Verga
)T in ma!imum 1. (oup d% etat ma" be committed with or # person in without civilian participation government 2. Those liable for )ebellion 2nsurrection service who andEor (oup d% etat C+rticle 133D participates or a. Beaders e!ecutes i. an" person who promotes maintains directions or or heads a rebellion or insurrection commands of ii. an" person who leads directs or others in commands others to underta'e a coup underta'ing a d%etat coup d%etat b. Participants P: in ma!imum i. +n" person who participates or # person not in e!ecutes the commands of others in government rebellion or insurrection service who ii. +n" person in the government service participates or who participates or e!ecutes in an" manner directions or commands of others in supports underta'ing a coup d%etat finances abets iii. +n" person not in the government or aids in service who participates supports underta'ing a abets or aids in underta'ing a coup coup d%etat d%etat P: in minimum 1. :erel" agreeing and deciding to rise publicl" and fine not to and ta'e arms against the government for e!ceed P6 *** the purposes of rebellion or merel" proposing the commission of said acts is P( in ma!imum alread" sub-ect to punishment and fine not to 2. ,o conspirac" when there is no agreement e!ceed P3 *** and no decision to commit rebellion P( in medium and fine not to e!ceed P2 *** P( in minimum The crime of dislo"alt" of public officers presupposes the e!istence of rebellion b" other persons The offender under +rticle 134 must not be in conspirac" with the rebels

0.

Politi#al Crimes 9istinguis%e$ from Common Crimes Political crimes are those directl" aimed against the political order as well as such common crimes as ma" be committed to achieve a political purpose The decisive factor is the intent or motive

1:0 Conspira#y an$ Proposal to Commit Coup $8etat) Rebellion or Insurre#tion

(onspirac" and Proposal to (ommit (oup d%etat (onspirac" to (ommit )ebellion or 2nsurrection Proposal to (ommit )ebellion or 2nsurrection 1. 2. Offender is a public officer or emplo"ee (ommits an" of the following acts of dislo"alt": a. Failing to resist a rebellion b" all the means in their power$ b. (ontinuing to discharge the duties of their offices under the control of the rebels$ c. +ccepting appointment to office under them Offender does not ta'e arms or is not in open hostilit" against the government ;e incites others to the e!ecution of an" of the acts of rebellion The inciting is done b" means of speeches proclamations

1:/ 9isloyalty of Publi# >ffi#ers

1:2 In#iting to Rebellion

1. 2. 3.

P: in minimum

1.

2nciting to )ebellion 9istinguished from Proposal a. in both the offender induces another to commit rebellion b. in proposal person who proposes has Page 2 of /.

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Criminal Law II Reviewer
writings emblems banners or other representations tending to the same end

Vena V. Verga
decided to commit rebellion$ in inciting it is not re@uired that offender has decided to commit rebellion c. in proposal person who proposes uses secret motive$ in inciting the act is done publicl" )ebellion should not be committed 8edition is the raising of commotions or disturbances in the state 8edition 9istinguished from )ebellion a. 2n both there must be public uprising b. 2n sedition it is sufficient that public uprising is tumultuous$ in rebellion there must be ta'ing up of arms against the government c. 2n sedition the purpose of offenders ma" be political or social$ in rebellion it is alwa"s political 8edition distinguished from treason # treason is the violation b" a sub-ect of allegiance to sovereign$ sedition is the raising of commotions or disturbances in the 8tate Public uprising and an ob-ect of sedition must concur (ommon crimes are not absorbed in sedition There must be an agreement and a decision to rise publicl" and tumultuousl" to attain an" of the ob-ects of sedition There is no proposal to commit sedition S#urrilous # low vulgar mean or foul Httering seditious words or speeches and writing publishing or circulating scurrilous libels are punishable when: a. the" tend to disturb or obstruct an" lawful officer in e!ecuting the functions of his office$ or b. the" tend to instigate others to cabal and meet together for unlawful purposes$ or c. the" suggest or incite rebellious conspiracies or riots$ or Page 4 of /.

1:4 Se$ition

1. 2. 3.

The offenders rise publicl" and tumultuousl" The" emplo" force intimidation or other means outside of legal methods The offenders emplo" an" of those means to attain an" of the following ob-ects: a. To prevent the promulgation or e!ecution of an" law or the holding of an" popular election b. To prevent the ,ational 1ov%t or an" provincial or municipal gov%t or an" public officer thereof from freel" e!ercising its or his functions or prevent the e!ecution of an" administrative order c. To inflict an" act of hate or revenge upon the person or propert" of an" public officer or emplo"ee d. To commit for an" political or social end an" act of hate or revenge against private persons or an" social class$ and e. To despoil for an" political or social end an" person municipalit" or province or the national gov%t of all its propert" or an" part thereof

P: in minimum and a fine not e!ceeding P1* *** # for the leader of sedition P( in ma!imum and a fine not e!ceeding P3 *** # for other persons participating therein

2. 1. 2.

3.

0. P( in medium and fine not to e!ceed P2 *** 3. 1. 2.

1 1 Conspira#y to Commit Se$ition 1 + In#iting to Se$ition

9ifferent "#ts Punis%e$' 1. 2nciting to 8edition to +ccomplish an" of its Ob-ects: a. Offender does not ta'e direct part in the crime of sedition b. ;e incites others to the accomplishment of an" of the acts which constitute sedition c. The inciting is done b" means of speeches proclamation writings emblems cartoons banners or other representations tending to the same end 2. Httering seditious words or speeches which tend to disturb the public peace 3. 5riting publishing or circulating scurrilous libels against

P( in ma!imum and fine not to e!ceed P2 ***

1.
2.

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Criminal Law II Reviewer
the government or an" of the dul" constituted authorities thereof which tend to disturb the public peace a. Offender does not ta'e direct part in the crime of sedition b. (ommits an" of the following acts of sedition either 2 or 3 d.

Vena V. Verga
the" lead or tend to stir up the people against the lawful authorities or to disturb the peace of the communit" the safet" and order of the government 3. Inowingl" concealing such evil practices is treated and punished as that of the principal 0. Two rules relative to seditious words: a. (lear and Present 9anger )ule b. 9angerous Tendenc" )ule (hief of police and ma"or who prevented the meeting of the municipal council are liable under +rticle 103 when the defect of the meeting is not manifest and re@uires an investigation before its e!istence can be determined 1. 2. The complaint for disturbance of proceedings ma" be filed b" a member of a legislative bod" One who disturbs the proceedings of the congress m" also be punished for contempt

1 : "#ts !en$ing to Prevent t%e 1eeting of Congress 1 9isturban#e of Pro#ee$ings of Congress an$ Similar Bo$ies

1.

1 . Violation of Parliamentar y Immunity

1 0 Illegal

There be a pro-ected or actual meeting of (ongress or an" of its committees or subcommittees constitutional committees or divisions thereof or of an" provincial board or cit" or municipal council or board 2. The offender who ma" be an" person prevents such meeting b" force or fraud 1. There be a meeting of (ongress or an" of its committees or subcommittees constitutional commissions or committees or divisions thereof or of an" provincial board or cit" or municipal council or board 2. The offender does an" of the following acts: a. ;e disturbs an" of such meetings b. ;e behaves while in the presence of an" such bodies in such a manner as to interrupt its proceedings or to impair the respect due it. 7irst 7orm 1. The offender Can" personD uses force intimidation threats or fraud. 2. The purpose of the offender is to prevent an" member of (ongress from: a. +ttending the meetings of (ongress or an" of its committees etc.$ or b. =!pressing his opinion$ or c. (asting his vote Se#on$ 7orm 1. Offender is a public officer or emplo"ee 2. ;e arrests or searches an" member of (ongress 3. (ongress at the time of arrest or search is in regular or special session 0. The member arrested or searched has not committed a crime punishable under the (ode b" a penalt" higher than prision ma"or 1. +n" meeting attended b" armed persons for the purpose of committing an" of the crimes punishable under the code

P( or a fine ranging from P2** to P2 *** or both + :a"or or a fine of P2** to P1 ***

P:

1. 2.

Parliamentar" immunit" does not protect members of the (ongress from responsibilit" before the legislative bod" itself 2t is sufficient that the offender in using force intimidation threats or frauds has the purpose to prevent a member of (ongress from e!ercising an" of his such prerogatives

P(

P( in ma!imum to P: in medium

1.

Persons present at the meeting must be armed in the first form of illegal assembl" Page 1, of /.

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Criminal Law II Reviewer
"ssemblies a. there is a meeting a gathering or group of persons whether in a fi!ed place or moving b. that the meeting is attended b" armed persons c. that the purpose of the meeting is to commit an" of the crimes punishable under the code +n" meeting in which the audience whether armed or not is incited to the commission of treason rebellion or insurrection sedition or assault upon a person in authorit" or his agents a. there is a meeting a gathering or group of persons whether in a fi!ed place or moving b. the audience whether armed or not is incited to the commission of the crime of treason rebellion or insurrection sedition or direct assault # for organizers or leaders of an" meeting under this article + :a"or # unarmed persons merel" present P( # armed persons merel" present

Vena V. Verga 2. 3.
0. <ut not all the persons present at the meeting of the 1st form of illegal assembl" must be armed The unarmed person merel" present at the meeting of the 1st form of illegal assembl" is liable 2f an" person present at the meeting carries an unlicensed firearm: a. 2t is presumed that the purpose of the meeting insofar as he is concerned is to commit acts punishable under the (ode$ and b. ;e is considered a leader or organizer of the meeting 1eeting # includes a gathering or group whether in a fi!ed place or moving

2.

1 / Illegal "sso#iations

Persons liable for illegal "ssembly' 1. Organizers or leaders of the meeting 2. Persons merel" present at the meeting Illegal "sso#iations' 1. +ssociations totall" or partiall" organized for the purpose of committing an" of the crimes punishable under the (ode 2. +ssociations totall" or partiall" organized for some purpose contrar" to public morals Persons Liable for Illegal "sso#iation' 1. Founders directors and president of the association 2. :ere members of the association

5.
P( in minimum and medium and a fine not e!ceeding P1 *** # founders directors and presidents + :a"or # mere members of said association

Simple "ssault' a. the offender ma'es an attac' emplo"s force ma'es a serious intimidation or ma'es a serious resistance b. the person assaulted is a person in authorit" or his agent c. at the time of the assault the person in authorit" or his agent is engaged in the actual performance of official (vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

1 2 9ire#t "ssaults

2.

5ithout public uprising b" attac'ing or emplo"ing force or

P( in medium and ma!imum periods and a fine not e!ceeding P1 *** # when the assault is committed with a

2llegal +ssociation distinguished from 2llegal +ssembl" 1. 2n 2llegal +ssociation it is not necessar" that there be an actual meeting$ 2n illegal +ssembl" it is necessar" there is an actual meeting 2. 2n illegal associations it is the act of forming or organizing and membership in association that are punished$ in 2llegal +ssembl" it is the meeting and attendance at such meeting that are punished 3. 2n illegal associations the persons liable are the founders directors and president and the members$ 2n illegal assembl" the person liable are the organizers or leaders of the meeting and persons present at such meeting 1. 2t does not seem that the offended part" in the first form of direct assault must be a person in authorit" or his agent 2. 2f the offended part" is onl" an agent of a person in authorit" the force emplo"ed must be of 8=)2OH8 character to be direct assault 3. The force emplo"ed ,==9 ,OT be serious when the offended part" is a person in Page 11 of /.

Criminal Law II Reviewer
duties or that he is assaulted b" reason of the past performance of official duties the offender 'nows that the one he is assaulting is a person in authorit" or his agent in the e!ercise of his duties there is no public uprising weapon or when the offender is a public officer or emplo"ee P( in minimum period and a fine not e!ceeding P3** # no circumstances present

Vena V. Verga
authorit" The intimidation or resistance must be serious whether the offended part" is an agent onl" or he is a person in authorit" The resist must be grave therefore it must be active resistance 2ntimidation must produce its effects immediatel" To determine whether a certain public officer is a person in authorit" the powers and duties vested in him b" law should be determined The status of person in authorit" being a matter of law ignorance thereof is no e!cuse Functions of the person in authorit" or his agent must be clearl" shown in the information 5hen a person in authorit" or their agents descended to mattes which are private in nature an attac' made b" one against the other is not direct assault =ven if the agent of a person in authorit" agrees to fight it still constitutes direct assault 2f a person in authorit" or his agent goes be"ond the scope of the respective powers of public officers if the" are fi!ed then the" are considered ,OT in the performance of official duties Inowledge of the accused that the victim is a person in authorit" or his agent is essential 9efendant must have the intention to def" the authorities 2f is not necessar" that the person in authorit" who was assaulted was +(TH+BBBJ performing official duties =vidence of motive is important when the person attac'ed or seriousl" intimidated is ,OT in the actual performance of his official dut" 5here in the commission of direct assault serious or less serious ph"sical in-uries are also inflicted the offender is guilt" of the Page 1+ of /.

d. e.

4.
3. /. 4.

;ualifie$ "ssault a. when the assault is committed with a weapon b. when the offender is a public officer or emplo"ee c. when the offender la"s hands upon a person in authorit" Person in "ut%ority # an" person directl" vested with -urisdiction whether as an individual or as a member of some court or governmental corporation board or commission shall be deemed a person in authorit" "gent of Person in "ut%ority # one who b" direct provision of law or b" election or b" appointment b" competent authorit" is charged with the maintenance of public order and the protection and securit" of life and propert" such as a barrio viceAlieutenant barrio councilman and barrio policeman and an" person who comes to the aid of persons in authorit" !o be an agent of a person of aut%ority) one must be #%arge$ wit%' 1. maintenance of public order$ and 2. protection and securit" of life and propert" 9istinguis% 9ire#t "ssault from >r$inary "ssault: a. 9irect assault are crimes against public order$ ordinar" assaults are crimes against persons b. 9irect assaults are triable b" the (ourt of First 2nstance

6. 7. 1*.

11. 12.

13. 10. 13. 1/.

14.

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Criminal Law II Reviewer

Vena V. Verga
comple! crime of direct assault with serious or less serious ph"sical in-uries 16. the crime of slight ph"sical in-uries is absorbed in direct assault 1. 2ndirect assault can be committed onl" when a direct assault is also committed 2. The offended part" in indirect assault ma" be a private person 1. 2. 3. 0. +rticle 13* applies onl" to disobedience 52T;OHT legal e!cuse +n" of the acts punished b" +rticle 13* ma" also constitute contempt of (ongress The court ma" ta'e an" action not amounting to a release of a prisoner of (ongress The power of in@uir" with process to enforce it is an essential and appropriate au!iliar" to the legislative functions

1 4 In$ire#t "ssaults 1., 9isobe$ien#e to Summons Issue$ by Congress) its Committees) et#.

1.

1.1 Resistan#e an$ 9isobe$ien#e to a Person in "ut%ority or "gents of Su#% Person

+ person in authorit" or his agent is the victim of an" of the forms of direct assault defined in +rticle 106 2. + person comes to the aid of such authorit" or his agent 3. The offender ma'es use of force or intimidation upon such person coming to the aid of the authorit" or his agent "#ts Punis%able' 1. <" refusing without legal e!cuse to obe" summons of (ongress its special or standing committees and subcommittees or divisions or b" an" commission or committee chairman or member authorized to summon witnesses 2. <" refusing to be sworn or placed under affirmation while being before such legislative or constitutional bod" or official 3. <" refusing to answer an" legal in@uir" or to produce an" boo's papers documents or records in his possession when re@uired b" them to do so in the e!ercise of their functions 0. <" restraining another from attending as a witness in such legislative or constitutional bod" 3. <" inducing disobedience to a summons or refusal to be sworn b" an" such bod" or official Resistan#e an$ Serious 9isobe$ien#e ?Par.1@' 1. + person in authorit" or his agent is engaged in the performance of official dut" or gives a lawful order to the offender 2. The offender resists or seriousl" disobe"s such person in authorit" or his agent 3. The act of the offender is not included in the provisions of +rticles 106 107 and 13* Simple 9isobe$ien#e ?Par. +@' 1. +n agent of a person in authorit" is engaged in the performance of official dut" or gives a lawful order to the offender 2. The offender disobe"s such agent of a person in authorit" 3. 8uch disobedience is not of a serious nature 9ire#t "ssault 9istinguis%e$ from Resistan#e or Serious 9isobe$ien#e'

P( in minimum and medium periods and a fine not e!ceeding P3** + :a"or or a fine ranging from P2** to P1 *** # an" person who having been summoned. 8ame penalt" # an" person who shall induce disobedience to a summons or refusal to be sworn b" an" such bod" + :a"or and a fine not e!ceeding P3** # an" person shall resist or seriousl" disobe" an" person in authorit" + :enor or a fine ranging from P1* to P1** # disobedience to an agent of a person in authorit" is not of a serious

Paragrap% 1' 1. The -uridical conception of the crime of resistance and disobedience to a person in authorit" or his agents consists in a failure to compl" with orders directl" issued b" the authorities in the e!ercise of their official duties 2. The person in authorit" must be in the actual performance of his official duties 3. The disobedience contemplated consists in the failure or refusal to obe" a direct order from the authorit" or his agent 0. The accused must have 'nowledge that the person arresting him is a peace officer 3. There is -ustified resistance when the accused had no right to ma'e the search Page 1: of /.

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Criminal Law II Reviewer
1. 2n direct assault the person in authorit" or his agent must be engaged in performance of official duties or that he is assaulted b" reason thereof but in resistance the person in authorit" or his agent must be in actual performance of his duties 2. 9irect assault C2nd formD is committed in 0 wa"s$ )esistance is committed onl" b" resisting or seriousl" disobe"ing 3. 2n both there is force emplo"ed but the force in resistance is not so serious as there is no manifest intention to def" the law$ in direct assault it must be serious and deliberate$ 0. 5hen the one resisted is a person in authorit" the use of an" 'ind or degree of force will give rise to direct assault$ if no force is emplo"ed b" the offender in resisting or disobe"ing the crime committed is resistance !umults an$ >t%er 9isturban#es of Publi# >r$er' 1. (ausing an" serious disturbance in a public place office or establishment 2. 2nterrupting or disturbing performances functions or gatherings or peaceful meetings if the act is not included in +rticles 131 and 132 3. :a'ing an" outcr" tending to incite rebellion or sedition in an" meeting association or public place 0. 9ispla"ing placards or emblems which provo'e a disturbance of public order in such place 3. <ur"ing with pomp the bod" of a person who has been legall" e!ecuted >ut#ry # to shout subversive or provocative words tending to stir up the people to obtain b" means of force or violence an" of the ob-ects of rebellion or sedition Cir#umstan#es ;ualifying t%e 9isturban#e or Interruption if tumultuous in character !umultuous # the disturbance or interruption shall be deem as such if caused b" more than three persons who are armed or provided with means of violence 1. "#ts Punis%e$ as Anlawful Ase of 1eans of Publi#ation nature

Vena V. Verga
Paragrap% +' /. The order must be lawful 4. 2f the disobedience to an agent of a person in authorit" is of a serious nature the offender should be punished under par. 1 of +rticle 131 6. 5hen the attac' or emplo"ment of force is not deliberate the crime is onl" resistance or disobedience

1.: !umults an$ >t%er 9isturban#es of Publi# >r$er

+ :a"or in medium to P( in minimum and a fine not e!ceeding P1 *** Penalt" ne!t higher in 9egree # person causing an" disturbance or interruption of a tumultuous character + :a"or # person who shall ma'e an" outcr" tending to incite rebellion or sedition + :enor and a fine not to e!ceed P2** # bur" with pomp the bod" of a person legall" e!ecuted + :a"or and fine

1. 2.

3.

0.

8erious disturbance must be planned or intended 2f the act of disturbing or interrupting a meeting or religious ceremon" is not committed b" public officers or if committed b" public officers the" are participants therein +rticle 133 should be applied 2nciting to 8edition or )ebellion distinguished from Public 9isorder # 2t is necessar" that offender should have done the act with the idea aforethought of inducing his hearers or readers to commit the crime of rebellion or sedition$ if the outcr" is more or less unconscious outburst which although rebellious or seditious in nature is not intentionall" calculated to induce others to commit rebellion or sedition it is onl" public disorder One who fired a submachine gun to cause disturbance but inflicted serious ph"sical in-uries on another ma" be prosecuted for 2 crimes

1.

2t is not necessar" that the publication of the Page 1 of /.

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Criminal Law II Reviewer
Anlawful Ase of 1eans of Publi#ation an$ Anlawful Atteran#es an$ Anlawful Atteran#es' 1. Publishing or causing to be published b" means of printing lithograph" or an" other means of publication as news an" false news which ma" endanger the public order or cause damage to the interest or credit of the 8tate 2. <" encouraging disobedience to the law r to the constituted authorities or b" praising -ustif"ing or e!tolling an" act punished b" law b" the same means or b" words utterances or speeches 3. <" maliciousl" publishing or causing to be published an" official resolution or document without proper authorit" or before the" have been published officiall" 0. <" printing publishing or distributing Cor causing the sameD boo's pamphlets periodicals or leaflets which do not bear the real printer%s name or which are classified as anon"mous "#ts Punis%e$ as "larms an$ S#an$als' 1. 2. 3. 0. 9ischarging an" firearm roc'et firecrac'er or other e!plosive within an" town or public place calculated to cause Cwhich producesD alarm or danger 2nstigating or ta'ing an active part in an" charivari or other disorderl" meeting offensive to another or pre-udicial to public tran@uilit" 9isturbing the public peace while wandering about at night or while engaged in an" other nocturnal amusements (ausing an" disturbance or scandal in public places while into!icated or otherwise provided +rticle 133 is not applicable ranging from P2** to P1 *** 2. 3.

Vena V. Verga
false news actuall" cased public disorder or caused damage to the interest or credit of the 8tate$ the mere possibilit" of causing such danger or damage is sufficient The offender must 'now that the news is false 2f there is no possibilit" of danger to the public order or of causing damage to the interest or credit of the state b" the publication of the false news

1.. "larms an$ S#an$als

+ :enor or a fine not e!ceeding P2**

1. 2. 3.

0. 3. /.

1.0 9elivering Prisoners from <ail

1. 2.

There is a person confined in a -ail or penal establishment The offender removes therefrom such person or helps the escape of such person

;ualifying Cir#umstan#e 5hat constitutes the @ualif"ing circumstance is the offender%s act of emplo"ing briber" as a FmeansG of (vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

+ :a"or in ma!imum to P( in minimum # an" person who shall remove from an" -ail an" person confined therein or shall

1. 2. 3. 0. 3.

2t is the result not the intent that counts. The act must produce alarm or danger as a conse@uence The discharge of the firearm should not be aimed at a person otherwise the offense would fall under +rticle 230 +rticle 133 does not ma'e an" distinction as to the particular place in the town or public place where the discharge of firearm roc'et etc. is effected The discharge of firecrac'ers or roc'ets during fiestas or festive occasion are not covered b" this +rticle 9isturbance of serious nature falls under +rticle 133 (harivari # medle" of discordant voices a moc' serenade of discordant noises made on 'ettles tins horns etc. designed to anno" and incite Person ma" be under detention onl" or b" final -udgment ;ospital or as"lum considered as an e!tension of -ail or prison Offender is usuall" an outsider The guard of the -ail who is off dut" ma" be held liable for delivering prisoner from -ail ?iolence intimidation or briber" is not Page 1. of /.

Criminal Law II Reviewer
removing or delivering the prisoner from -ail and not the offender%s act of receiving or agreeing to receive a bribe as a consideration fro committing the offense help escape of such person b" means of violence intimidation or briber" 8ame Penalties in :inimum # if escape should ta'e place outside of said establishment b" ta'ing guards b" surprise P( in medium and ma!imum # escape during term of imprisonment P( in ma!imum # if it shall ta'e with an" of the @ualif"ing circumstances enumerated 2ncrease of 1E3 of time still remaining to be served under the original sentence which in no case shall e!ceed si! months 9eduction provided in +rticle 76 # if convict shall give himself up within 06 hours

Vena V. Verga
necessar" =mplo"ment of deceit is not an element of the offense 2f the crime committed b" the prisoner for which he is confined or serving sentence is treason murder or parricide the act of ta'ing the place of the prisoner in the prison is that of an accessor" and he ma" be held liable as such because he assists in the escape of the principal Prisoner is criminall" liable for leaving the penal institution onl" when there is evasion of a sentence The sentence must be Fb" reason of final -udgmentG This article is not applicable to sentence e!ecuted b" deportation Es#ape # flee from to avoid to get out of the wa" as to flee to avoid arrest +rticle 134 is applicable to sentence of destierro since it consists in a deprivation of libert" Anlawful entry # scaling or climbing the wall Offender must be a convict b" final -udgment The convict must leave the penal institution 5hat is punished is not the leaving of the penal institution but the failure of the convict to give himself up to the authorities within 06 hours after the proclamation announcing the passing awa" of the calamit" 2f offender fails to give himself up he gets an increased penalt" 2f offender gives himself up he is entitle to a deduction of 1E3th of his sentence

/. 4.

6.

1./ Evasion of Servi#e of Senten#e

1. 2. 3.

Offender is a convict b" final -udgment ;e is serving his sentence which consists in deprivation of libert" ;e evades the service of the sentence b" escaping during the term of his sentence

1. 2.

3.
0.

1.2 Evasion on >##asion of 9isor$ers

;ualifying Cir#umstan#es' 1. b" means of unlawful entr" Cb" scalingD$ 2. b" brea'ing doors windows gates walls roofs or floors$ 3. b" using pic'loc's false 'e"s disguise deceit violence or intimidation$ or 0. thru connivance with other convicts or emplo"ees of penal institution 1. The offender is a convict b" final -udgment who is confined in a penal institution 2. There is a disorder resulting from: conflagration earth@ua'e e!plosion similar catastrophe or mutin" in which he has not participated 3. The offender evades the service of his sentence b" leaving the penal institution where he is confined on the occasion of such disorder or during the mutin" 0. The offender fails to give himself up to the authorities within 06 hours following the issuance of a proclamation b" the chief e!ecutive announcing the passing awa" of such calamit" 1utiny # organized unlawful resistance to a superior officer$ a sedition or revolt$ does not include a riot or if prisoners disarmed the guards and escaped since the" are not their

5.
1. 2. 3.

0.

5.

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Page 10 of /.

Criminal Law II Reviewer
superior officers 1. Offender was a convict 2. ;e was granted a conditional pardon b" the (hief =!ecutive 3. ;e violated an" of the conditions of such pardon Con$itional Par$on # a contract between the (hief =!ecutive who grants the pardon and the convict who accepts it

Vena V. Verga

1.4 Violation of Con$itional Par$on

P( in minimum period # if penalt" remitted does not e!ceed / "ears Hne!pired Portion of Original 8entence # if penalt" remitted is higher than / "ears

1. 2.

3. 0. 3. /. 4.

10, Commission of "not%er Crime 9uring Servi#e of Penalty Impose$ for "not%er Previous >ffense 101 7orging t%e Seal of t%e 3ov8t) Signature or Stamp of t%e C%ief E=e#utive 10+ Asing 7orge$ Signature or Counterfeit Seal or

;uasi-Re#i$ivism 1. The offender was alread" convicted b" final -udgment of one offense 2. ;e committed a new felon" before beginning to serve such sentence or while serving the same ;uasiARe#i$ivism 9istinguis%e$ from Reitera#ion # reiteracion re@uires that the offender against who it is considered shall have served out his sentences for the prior offenses "#ts Punis%e$' 1. Forging the 1reat 8eal of the 1overnment of the Philippines 2. Forging the signature of the president 3. Forging the stamp of the president

<esides the provisions of )ule 3 +rticle /2 :a!imum of penalt" prescribed b" law for the new felon"

1.

2. 3.

)T

1. 2. 3.

The court cannot re@uire the convict to serve the une!pired portion of his original sentence if it does not e!ceed / "ears ?iolation of conditional pardon is not a substantive offense because the penalt" for such violation is the une!pired portion of the punishment in the original sentence (ondition e!tends to special laws Offender must be found guilt" of subse@uent offense before he can be prosecuted under +rticle 137 Offender can be arrested and reAincarcerated without trial The period when convict was at libert" not deducted in case he is recommitted 9uration of the conditions subse@uent is limited to the remaining period of the sentence 8econd crime must be a felon"$ but the first crime for which the offender is serving sentence need not be a felon" Ccould be under a special lawD >uasiA)ecidivism cannot be offset b" ordinar" mitigating circumstances + @uasiArecidivist who is not a habitual criminal ma" be pardoned at the age of 4* "ears if he has alread" served out his original sentence or when he shall complete it after reaching said age The offense is not falsification of public document The President has custod" and use of the 1reat 8eal The signature of the President must be forged

1. 2. 3.

That the 1reat 8eal of the )epublic was counterfeited or the signature or stamp of the (hief =!ecutive was forged b" another person The offender 'new of the counterfeiting or forger" ;e used the counterfeit seal or forged signature or stamp

P :a"or

The offender under this article should not be the forger.

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Page 1/ of /.

Criminal Law II Reviewer
Stamp 10: 1aking an$ Importing an$ Attering 7alse Coins

Vena V. Verga

1. 2. 3.

There be false or counterfeited coins The offender either made imported or uttered such coins That in case of uttering such false or counterfeited coins he connived with the counterfeiters or importers

Coin # is a piece of metal stamped with certain mar's and made current at a certain value Counterfeiting # means the imitation of a legal or genuine coin$ there must be an imitation of the peculiar design of a genuine coin Import # means to bring them into port Atter # means to pass counterfeited coins$ includes their deliver" or act of giving them awa"

10 1utilation of Coins

10. Selling of 7alse or 1utilate$ Coins) &it%out Connivan#e

100 7orging !reasury or Bank 5otes or >t%er 9o#uments

"#ts Punis%e$' 1. :utilating coins of the legal currenc" with further re@uirement that there be intent to damage or to defraud another 2. 2mporting or uttering such mutilated coins with the further re@uirement that there must be connivance with the mutilator or importer in case of uttering 1. Possession of coin counterfeited or mutilated b" another person with intent to utter the same 'nowing that it is false or mutilated a. Possession b. 5ith intent to utter c. Inowledge 2. +ctuall" uttering such false or mutilated coins 'nowing the same to be false and mutilated a. +ctuall" uttering b. Inowledge "#ts Punis%able' 1. Forging or falsification of treasur" or ban' notes or other documents pa"able to bearer 2. 2mportation of such false or forged obligations or notes 3. Httering of such false or forged obligations or notes in connivance with the forgers or importers

P: in minimum and medium and a fine not to e!ceed P1* *** # silver coin of Philippines or coin of (< P( in minimum and medium and a fine not to e!ceed P2 *** # minor coinage of the Philippines or (< P( in minimum and a fine not to e!ceed P1 *** # currenc" of foreign countr" P( in minimum and a fine not to e!ceed P2 ***

1.

2. 3.

+ coin is false or counterfeited if it is forged or if it is not authorized b" the government as legal tender regardless of its intrinsic value Former coins withdrawn from circulation ma" be counterfeited under +rticle 1/3 Iinds of coins the (ounterfeiting of which is Punished: a. 8ilver coin of the Philippines or coin of the (entral <an' of the Philippines b. (oin of minor coinage of the Philippines or of the (entral <an' of the Philippines c. (oin of the currenc" of a foreign countr"

:utilation # means to ta'e off part of the metal either b" filing it or substituting it for another metal of inferior @ualit"$ to diminish b" ingenuous means the metal in the coin 2. The coin must be of legal tender in mutilation 3. (oins of foreign countr" not included Penalt" lower b" Possession of or uttering false coin does not re@uire one degree than that the counterfeited coin is legal tender that prescribed (onstructive possession included in said articles Possession of counterfeiter or importer not punished as separate offense +ccused must have 'nowledge of the fact that the coin is false Punishable even if the offender was not in connivance with counterfeiter or mutilator )T in minimum and fine not to e!ceed P1* *** # obligation or securit" of Philippines 1. 2. Httering forged bill must be with connivance to constitute a violation of +rticle 1// ,otes and other obligations and securities that ma" be forged or falsified under +rticle 1//: a. Treasur" or ban' notes Page 12 of /.

1.

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Criminal Law II Reviewer
Payable to Bearer P :a"or in ma!imum period and a fine not to e!ceed P3 *** # circulating note issued b" an" ban'ing association dul" authorized b" law P :a"or in medium and a fine not to e!ceed P3 *** # issued b" foreign gov%t P :a"or in minimum and a fine not to e!ceed P2 *** # circulating note or bill issued b" foreign ban' dul" authorized therefore P( in medium and ma!imum and a fine not to e!ceed P/ *** b. c. 3. 0. 3.

Vena V. Verga
(ertificates Other obligations and securities pa"able to bearer + ban' note certificate or obligation and securit" is pa"able to bearer when it can be negotiated b" mere deliver" Penalties depend upon the 'ind of forged treasure or ban' notes or other documents Forger" is (ommitted: C+rticle 1/7D a. <" giving to a treasur" or ban' note or an" instrument pa"able to bearer or to order mentioned therein the appearance of a true and genuine document b. <" erasing substituting counterfeiting or altering b" an" means the figures letters words or sign contained therein

7orging # committed b" giving to a treasur" or ban' note or an" instrument pa"able to bearer or to order the appearance of a true and genuine document$ to forge an instrument is to ma'e false instrument intended to be passed for the genuine one 7alsifi#ation # committed b" erasing substituting counterfeiting or altering b" an" means the figures letters words or signs contained therein Importation # means to bring them into the Philippines which presupposes that the obligations or notes are forged or falsified in a foreign countr" Attering # means offering obligations or notes 'nowing them to be false or forged whether such offer is accepted or not with a representation b" words or actions that the" are genuine and with an intent to defraud >bligation or Se#urity # all bonds certificates of indebtedness national ban' notes coupons treasur" notes fractional notes certificates of deposits bills chec's drafts for mone" and other representatives of value under an" act of (ongress 1. There be an instrument pa"able to order or other document of credit not pa"able to bearer 2. The offender either forged imported or uttered such instrument 3. 2n case of uttering he connived with the forger or importer 1. That an" treasur" or ban' not or certificate or other obligation and securit" pa"able to bearer or an" instrument pa"able to order or other document of credit not pa"able to bearer is forged or falsified b" another person The offender 'nows that an" of those instruments is forged or falsified ;e performs an" of these acts: a. using an" of such forged or falsified instruments b. possessing with intent to use an" of such forged or falsified instruments

10/ Counterfeitin g Instruments 5ot Payable to Bearer 102 Illegal Possession an$ use of 7alse !reasury or Bank 5otes an$ >t%er Instruments of Cre$it

1. 2. 3.

2. 3.

Penalt" ne!t lower in degree than that prescribed in said articles

1. 2. 3. 0. 3.

+pplication of this article is limited to instruments pa"able to order 2t includes such instruments or document of credit issued b" a foreign government or ban' (onnivance is not re@uired in uttering if the utterer is the forger 2ntent to posses is not intent to use Possession of false treasur" or ban' notes alone is not a criminal offense +ccused must have 'nowledge of forged character of the note + person in possession of falsified document and who ma'es use of the same is presumed to be material author of falsification 2t is not an impossible crime when the act performed would have been a crime of illegal possession of false treasur" notes Page 14 of /.

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Criminal Law II Reviewer
1/, 7alsifi#ation of Legislative 9o#uments 1/1 7alsifi#ation by Publi# >ffi#er) Employee) or 5otary or E##lesiasti#al 1inister 1. 2. 3. 0. 1. 2. That there be a bill resolution or ordinance enacted or approved or pending approval b" either ;ouse of the Begislature or an" provincial board or municipal council The offender alters the same ;e has no proper authorit" therefore The alteration has changed the meaning of the document Offender is a public officer emplo"ee or notar" public ;e ta'es advantage of his official position a. ;e has dut" to ma'e or to prepare or otherwise intervene in the preparation of the document$ or b. ;e has the official custod" of the document which he falsifies That he falsifies a document b" committing an" of the following acts: a. counterfeiting or imitating CfeigningD an" handwriting signature or rubric i. that there be an intent to imitate or an attempt to imitate ii. that the 2 signatures or handwritings the genuine and the forged bear some resemblance to each other b. causing it to appear that persons have participated in an" act or proceeding when the" did not in fact so participate i. the offender caused it to appear in a document that a personCsD participated in an act or proceeding ii. That such personCsD did not in fact so participate in the act or proceeding c. +ttributing to person who have participated in an act or proceeding statements other than those in fact made b" them i. that a personCsD participated in an act or proceeding ii. that such personCsD made statements in that act or proceeding iii. that the offender in ma'ing the document attributed to such personCsD statements other than those in fact made b" such personCsD d. :a'ing untruthful statements in a narration of facts i. that the offender ma'es in a document statements in a narration of facts ii. that he has a legal obligation to disclose the truth P( in ma!imum and a fine not to e!ceed P/ *** 1. 2. 3.

Vena V. Verga
<ill resolution or ordinance must be genuine Offender is an" person The act of falsification in legislative document is limited to altering it which changes its meaning 2n falsification b" ma'ing alteration or intercalation or including in a cop" a different statement there must be a genuine document that is falsified$ in other paragraphs falsification ma" be committed b" simulating or fabricating a document Paragraph 1 a. (ounterfeiting # imitating an" handwriting signature or rubric b. Feigning # simulating a signature handwriting or rubric out of one which does not in fact e!ist Paragraph 2 # when committed b" a private individual +rticle 142 should appl" Paragraph 0 a. There must be a narration of facts not of conclusion of law b. Begal Obligation # there is a law re@uiring the disclosure of the truth of the facts narrated c. Person ma'ing the narration of facts must be aware of the falsit" of the facts narrated b" him d. Perversion of truth must be made with the wrongful intent of in-uring 3rd person e. 5rongful intent not essential when the document falsified is a public document f. 1ood faith is a defense g. Falsification b" omission is punishable Paragraph 3 # 9ate must be essential Paragraph 4 a. liabilit" of private individual when there is conspirac" # same as public officer b. 2ntent to gain or pre-udice not necessar"

P :a"or and a fine not to e!ceed P3 *** # first paragraph 8ame penalt" # ecclesiastical minister

1.

3.

2.

3. 0.

3. /.

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Page +, of /.

Criminal Law II Reviewer
of the facts narrated b" him iii. that the facts narrated b" the offender are absolutel" false e. +ltering true dates f. :a'ing an" alteration or intercalation in a genuine document which changes its meaning i. that there be an alteration CchangeD or intercalation CinsertionD on a document ii. that it was made a genuine document iii. that the alteration or intercalation has changed the meaning of the document iv. that the change made the document spea' something false g. 2ssuing in authenticated form a document purporting to be a cop" of an" original document when no such original e!ists or including in such cop" a statement contrar" to or different from that of the genuine original h. 2ntercalating an" instrument or note relative to the issuance thereof in a protocol registr" or official boo'. 0. 2n case the offender is an ecclesiastical minister the act of falsification is committed with respect to an" record or document of such character that its falsification ma" affect the civil status of persons "#ts Punis%e$ an$ !%eir ReBuisites' 1. Falsification of public official or commercial document b" a private individual a. that the offender is a private individual or a public officer or emplo"ee who did not ta'e advantage of his official position b. that he committed an" of the acts of falsification enumerated in +rticle 141 c. that the falsification was committed in a public or official or commercial document Falsification of private document b" an" person a. that the offender committed an" of the acts of falsification e!cept those in paragraph 4 enumerated in +rticle 141 b. that the falsification was committed in an" private document c. that the falsification caused damage to a third part" or

Vena V. Verga

1/+ 7alsifi#ation by Private In$ivi$uals an$ use of 7alsifie$ 9o#uments

P( in medium and ma!imum and a fine of not more than P3 ***

2.

Paragraph 1 1. Four Iinds of 9ocuments a. Public 9ocument # created e!ecuted or issued b" a public official in response to e!igencies of public service or in e!ecution of which a public official intervened b. Official 9ocument # issued b" a public official in e!ercise of the functions of his office c. Private 9ocuments # deed or instrument e!ecuted b" a private person without the intervention of notar" public or other person legall" authorized b" which document some disposition or agreement is proved evidenced or set forth d. (ommercial 9ocuments # defined and regulated b" the (ode of (ommerce or Page +1 of /.

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Criminal Law II Reviewer
at least the falsification was committed with intent to cause such damage 3. Hse of falsified document Intro$u#ing in <u$i#ial Pro#ee$ing' a. that the offender 'new that a document was falsified b" another person b. that the false document is embraces in +rticle 141 or in an" subdivision no 1 or 2 or +rticle 142 c. that he introduced said document in evidence in an" -udicial proceeding Ase in "ny >t%er !ransa#tion' a. that the offender 'new that a document was falsified b" another person b. that the false document is embraced in +rticle 141 or in an" of subdivision no. 1 or 2 of +rticle 142 c. that he used such document Cnot in -udicial proceedingsD d. that the use of the false documents caused damage to another or at least it was used with intent to cause such damage

Vena V. Verga
an" other commercial law :ere blan' form of official document is not in itself a document 3. Possessor of a certificate of tile is presumed to be the author of the falsification that made possible the transfer of title 0. Possessor of falsified document is presumed to be author of falsification 3. 1ood faith is a defense Paragraph 2 1. :ere falsification is not enough$ re@uires: a. he must have counterfeited the false document b. he must have performed an independent act which operates to pre-udice 3rd person 2. 9amage need not be material 3. not necessar" that offender profited or hope to profit b" falsification 0. Falsification ma" be a necessar" means to commit other crimes a. no comple! crime of estafa thru falsification of private document b. no falsification thru rec'less imprudence if document is private and no actual damage is caused c. crime is falsification of public document even if falsification too' place before the private document becomes part of public records 1enerall" falsification has no attempted or frustrated stage Paragraph 3 1. 9amage not necessar" in crime of introducing in -udicial proceedings$ 2ntent to cause damage at least is re@uired in use of falsified document in proceeding not -udicial 2. Hser deemed author of falsification if a. the use was so closel" connected in time with falsification b. the user had the capacit" of falsif"ing the document 1. Private individual cannot be a principal b" 2. Page ++ of /.

1/:

"#ts Punis%able

P( in medium

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Criminal Law II Reviewer
7alsifi#ation of &ireless) Cable) !elegrap% an$ !elep%one 1essages 1. Httering fictitious wireless telegraph or telephone message a. That the offender is an officer or emplo"ee of the government or of a private corporation engaged in the service of sending or receiving wireless cable or telephone message b. That the offender commits an" of the following acts: i. uttering fictitious wireless cable telegraph or telephone message ii. falsif"ing wireless cable telegraph or telephone message 2. Falsif"ing wireless telegraph or telephone message K same as above 3. Hsing such falsified message a. that the accused 'new that wireless cable telegraph or telephone message was falsified b" an" of the person specified in the 1st paragraph of +rticle 143 b. that the accused used such falsified dispatch c. that the use of the falsified dispatch resulted in the pre-udice of a 3rd part" or that the use thereof was with intent to cause such pre-udice Persons Liable' 1. Ph"sician or 8urgeon # must refer to illness or in-ur" of a person$ called FFalse :edical (ertificate b" a Ph"sicianG 2. Public Officer # includes merit service good conduct or similar circumstances$ called FFalse (ertificate of :erit or 8ervice b" a Public OfficerG 3. Private 2ndividual # F False :edical (ertificate b" a Private 2ndividualG or FFalse (ertificate of :erit b" a Private 2ndividualG 1. That the ph"sician or surgeon had issued a false medical certificate or a public officer had issued a false certificate of merit or service good conduce or similar circumstance or a private person had falsified an" of said certificates 2. that the offender 'new that the certificate was false 3. that he used the same "#ts Punis%e$' 1. :a'ing or introducing in to the Philippines an" stamps dies mar's or other instruments or implements for counterfeiting or falsification 2. Possessing with intent to use the instruments or implements for counterfeiting or falsification made in or introduced into the Philippines b" another person and ma!imum # falsification Penalt" ne!t lower in degree # use of such falsified dispatch

Vena V. Verga
direct participation in falsification of telegraphic dispatches Private individual ma" be held liable as principal b" inducement in falsification of telegraph dispatches or telephone messages

2.

1/ 7alsifi#ation of 1e$i#al Certifi#ates) Certifi#ates of 1erit or Servi#e

+ :a"or in :a!imum to P( in minimum and a fine not to e!ceed P1 *** + :a"or + :enor

1.
2.

Certifi#ate # an" writing b" which testimon" is given that a fact has or has not ta'en place Falsification of certificate of large cattle is now covered b" +rticle 141 or 142 and not 140

1/. Asing 7alse Certifi#ates

1/0 1nftg an$ Possession of Implements for 7alsifi#ation

P( in medium and ma!imum and a fine not to e!ceed P1* *** Penalt" ne!t lower in degree

1. 2.

2mplements confiscated need not form a complete set +lso punished constructive possession

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Page +: of /.

Criminal Law II Reviewer

Vena V. Verga

1// Asurpation of "ut%ority or >ffi#ial 7un#tions

!wo &ays of Committing t%e Crime' 1. <" 'nowingl" and falsel" representing oneself to be an officer agent or representative of an" department or agenc" of the Philippine 1overnment or an" foreign government 2n usurpation of authorit" the mere act of 'nowingl" and falsel" representing oneself to be an officer etc. is sufficient$ it is not necessar" that he performs an act pertaining to a public officer 2. <" performing an" act pertaining to an" person in authorit" or public officer of the Philippine 1overnment or of a foreign government or an" agenc" thereof under pretense of official position and without being lawfull" entitled to do so 2n usurpation of official functions it is essential that the offender should have performed an act pertaining to a person in authorit" or public officer in addition to other re@uirements Asing 7i#titious 5ame' 1. The offender uses a name other than his real name 2. ;e uses that fictitious name publicl" 3. The purpose of the offender is to conceal a crime to evade the e!ecution of a -udgment or to cause damage to public interest (oncealing True ,ame: 1. That the offender conceals his true name and all other circumstances 2. That the purpose is onl" to conceal his identit" 9istinction <etween Hse of Fictitious ,ame and (oncealing True ,ame: 1. 2n use the element of publicit" must be present$ in concealing true name that element is not necessar" 2. The purpose of use of fictitious name is an" of those 3 enumerated$ in concealing true name it is merel" to conceal identit" 1. That the offender ma'es use of insignia uniform or dress 2. That the insignia uniform or dress pertains to an office not held b" the offender or to a class of persons of which he is not a member

P( in minimum and medium periods

1. 2.

3. 0. 3. /. 4.

1/2 Asing 7i#titious 5ame an$ Con#ealing !rue 5ame

+ :a"or and a fine not to e!ceed P3** # use of fictitious name + :enor and a fine not to e!ceed P2** # conceal true name

1. 2. 3.

0. 3.

There must be positive e!press and e!plicit representation The offender should have represented himself to be an officer agent or representative of an" department or agenc" of the government$ or should have performed an act pertaining to a person in authorit" or public officer False representation ma" be shown b" acts +rticle 144 ma" be violated b" a public officer +rticle 144 does not appl" to occupant under color of title +rticle 144 punishes usurpation of authorit" or official functions of an" officer of an" foreign government The act performed without the offender being lawfull" entitled to do so must pertain to the government or to an" person in authorit" or to an" public officer 2f the purpose is for causing damage it must be damage to public interest 8igning a fictitious name in an application for passport is publicl" using such fictitious name 5here a person ta'es the place of another who has been convicted b" final -udgment he is guilt" of using a fictitious name punishable under this +rticle Fictitious ,ame # an" other name which a person publicl" applies to himself without authorit" of law (om +ct ,o. 102 regulates the use of aliases

1/4 Illegal Ase of Aniforms or Insignia

+ :a"or

1. 2.

5earing the uniform of an imaginar" office is not punishable +n e!act imitation of a uniform or dress is unnecessar" Page + of /.

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Criminal Law II Reviewer
3. 12, 7alse !estimony "gainst a 9efen$ant 1. 2. 3. 0. That said insignia uniform or dress is used publicl" and improperl" That there be a criminal proceeding That the offender testifies falsel" under oath against the defendant therein That the offender who gives false testimon" 'nows that it is false that the defendant against whom the false testimon" is given is either ac@uitted or convicted in a final -udgment

Vena V. Verga

7alse !estimony # committed b" a person who being under oath and re@uired to testif" as to the truth of a certain matter at a hearing before a competent authorit" shall den" the truth or sa" something contrar" to it 5ature of Crime of 7alse !estimony # particularl" odious when committed in -udicial proceedings as it constitutes an imposition upon the court and seriousl" e!poses it to a miscarriage of -ustice 121 7alse !estimony 7avorable to 9efen$ant 5ature of t%e Crime # False testimon" favorable to the defendant is e@uall" repugnant to the orderl" administration of -ustice False testimon" is punished because of its tendenc" to favor or to pre-udice the defendant

)T if the defendant shall have been sentenced to death P: if defendant shall have been sentenced to )T or Perpetua + :a"or if defendant shall have been sentenced to correctional penalt" or a fine or shall have been ac@uitted + :a"or in ma! to P( in minimum and a fine not to e!ceed P1 *** # if prosecution is for a felon" punishable b" an afflictive penalt" + :a"or # in an" other case P( in minimum and a fine not to e!ceed P/ *** + :a"or in ma! to P( in minimum and fine not to e!ceed P1 ***

1.

2. 3. 0.

Penalt" for false testimon" against the defendant in a criminal case depends upon the sentence imposed on the person against whom the false testimon" was given 9efendant must be sentenced at least to a correctional penalt" or a fine or must be ac@uitted 5itness who gave false testimon" is liable even if his testimon" was not considered b" the court The law intends to punish the mere giving of false testimon"

1. 2. 3.

False testimon" b" negative statement is in favor of defendant The false testimon" favorable to the defendant need not benefit the defendant )ectification made spontaneousl" after realizing the mista'e is not false testimon"

12+ 7alse !estimony in Civil Cases

1. 2. 3. 0. 3.

That the testimon" must be given in a civil case That the testimon" must relate to the issues presented in said case That the testimon" must be false That the false testimon" must be given b" the defendant 'nowing the same to be false That the testimon" must be malicious and given with an intent to affect the issues presented in said case

1. 2. 3.

The testimon" given in civil case must be false +rticle 162 is not applicable when the false testimon" is given in special proceedings Penalt" depends on amount of the controvers" a. P( in minimum and a fine not to e!ceed P/ *** # if amount in controvers" shall e!ceed P3 *** b. + :a"or in ma! to P( in minimum and fine not to e!ceed P1 *** # if amount in controvers" shall not e!ceed said Page +. of /.

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Criminal Law II Reviewer

Vena V. Verga
amount or cannot be estimated There must be competent proof of materialit" 9istinguish: a. :aterial # when it is directed to prove a fact in issue b. )elevant # when it tends in an" reasonable degree to establish the probabilit" or improbabilit" of a fact in issue c. Pertinent # when it concerns collateral matters which ma'e more or less probable the proposition at issue 2f the false testimon" given b" the witness 2s not important essential or material to the principal matter under investigation it cannot properl" be held that per-ur" is committed ,o per-ur" if defendant subscribed and swore before a cler' in treasurer%s office since cler' in not a competent person authorized to administer oaths The assertion of falsehood must be willful and deliberate 1ood faith or lac' of malice is a defense in per-ur" =ven if there is no law re@uiring the statement to be made under oath as long as it is made for a legal purpose it is sufficient Two contradictor" sworn statements are not sufficient to convict of per-ur" 8ubornation of Per-ur" # committed b" a person who 'nowingl" and willfull" procures another to swear falsel" and the witness suborned does testif" under circumstances rendering him guilt" =ven if there was conspirac" between false witness and part" who presented him the witness having desisted before he could testif" on an" material matter he is ,OT liable because desistance during the attempted stage of e!ecution is an absolutor" cause which e!empts him from Page +0 of /.

12: 7alse !estimony in >t%er Cases an$ PerCury in Solemn "ffirmation

1. 2.

Two wa"s of (ommitting Per-ur" a. <" falsel" testif"ing under oath$ and b. <" ma'ing a false +ffidavit =lements of Per-ur" a. That the accused made a statement under oath or e!ecuted an affidavit upon a material matter b. That the statement or affidavit was made before a competent officer authorized to receive and administer oath c. That in the statement or affidavit the accused made a willful and deliberate assertion of a falsehood$ and d. That the sworn statement or affidavit containing the falsit" is re@uired b" law

+ :a"or in ma!imum to P( in minimum

1. 2.

3.

>at% # an" form of attestation b" which a person signifies that he is bound in conscience to perform an act faithfull" and truthfull" +ffidavit # sworn statement in writing$ a declaration in writing made upon oath before an authorized magistrate or officer 1aterial 1atter # it is the main fact which is the sub-ect of the in@uir" or an" circumstance which tends to prove that fact or an" fact or circumstance which tends to corroborate or strengthen the testimon" relative to the sub-ect of in@uir" or which legitimatel" affects the credit of an" witness who testifies Competent Person "ut%oriDe$ to "$minister >at% # a person who has a right to in@uire into the @uestions presented him upon matters under his -urisdiction

0.

3. /. 4. 6. 7.

12 >ffering 7alse !estimony in Evi$en#e

1. 2. 3.

That the offender offered in evidence a false witness or false testimon" That he 'new the witness or the testimon" was false That the offer was made in a -udicial or official proceeding

)espective penalties provided in this section

1.

>ffer of Evi$en#e begins the moment a witness is called to the witness stand and interrogated b" counsel

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Criminal Law II Reviewer

Vena V. Verga
criminal liabilit" +rticle 160 applies when the offender does not induce a witness to testif" falsel" (rime is consummated b" mere solicitation FOther artificeG includes the use of tric'er" +n attempt to cause prospective bidders to sta" awa" from an auction b" means of threats gifts etc with the intent that the thing auctioned should command a lesser price is sufficient to constitute an offense The threat need not be effective nor the offer or gift accepted for the crime to arise )eason for the Provision: e!ecution sales should be opened to free and full competition in order to secure the ma!imum benefit for the debtors

2. 12. 1a#%inations) 1onopolies) an$ Combinations 1. <" soliciting an" gift or promise as a consideration for refraining from ta'ing part in an" public auction a. That there be a public auction b. That the accused solicited an" gift or promise from an" of the bidders c. That such gift or promise was the consideration for his refraining from ta'ing part in that public auction d. That the accused had the intent to cause the reduction of the price of the thing auctioned 2. <" attempting to cause bidders to sta" awa" from an auction b" threats gifts promises or an" other artifice a. That there be a public auction b. That the accused attempted to cause the bidders to sta" awa" from the public auction c. That is was done b" threats gifts promises or an" other artifice d. That the accused had the intent to cause the reduction of the price of the thing auctioned "#ts Punis%e$ as 1onopolies' 1. (ombination to prevent free competition in the mar'et b" entering into an" contract or agreement or ta'ing part in an" conspirac" or combination in the form of a trust or otherwise in restraint of trade or commerce or to prevent b" artificial means free competition in the mar'et 2. :onopol" to restrain free competition in the mar'et b" monopolizing an" merchandise or ob-ect of trade or commerce or b" combining with an" other personCsD to monopolize said merchandise or ob-ect in order to alter the prices thereof b" spreading false rumors or ma'ing use of an" other artifice to restrain free competition in the mar'et 3. :anufacturer producer or processor or importer combining conspiring or agreeing with an" person to ma'e transactions pre-udicial to lawful commerce or to increase the mar'et price of merchandise a. Person Biable # manufacturer producer processor or importer of an" merchandise or ob-ect of commerce b. (rime (ommitted b" # combining conspiring or agreeing with an" person P( in minimum period and a fine ranging from 1*L to 3*L of the value of the thing auctioned 1. 2. 3.

0. 3.

120 1onopolies an$ Combinations in Restraint of !ra$e

P( in minimum or a fine ranging from P2** to P/ *** or both

1.

2. 3. 0.

3.

The theor" in penalizing monopolies and combinations in restraint of trade is that competition not combination should be the law of trade +n" propert" possessed under an" contract or combination contemplated in this article shall be forfeited to the 1overnment The law intends to punish the mere conspirac" or combination at which it is aimed 2f the offense affects an" food substance motor fuel or lubricants or other article of prime necessit" it is sufficient for the imposition of the higher penalt" that the initial steps have been ta'en toward carr"ing out the purposes of combination 5hen the offense is committed b" a corporation or association the president and directors or managers are liable as principals thereof$ <ut the president and directors or managers are onl" liable if the": a. 'nowingl" permitted or Page +/ of /.

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Criminal Law II Reviewer
Purpose # to ma'e transactions pre-udicial to lawful commerce or to increase the mar'et price of an" merchandise or ob-ect of commerce manufactured produced processed assembled or imported into the Philippines 1. That the offender imports sells or disposes of an" of those articles or merchandise 2. The stamps brands or mar's of those articles of merchandise fail to indicate the actual fineness or @ualit" of said metals or allo"s 3. The offender 'nows that stamps brands or mar's fail to indicate the actual fineness or @ualit" of the metals or allo"s "#ts Punis%able' 1. <" substituting the trade name or trademar' of some other manufacturer or dealer or a colorable imitation thereof for the trade name or trademar' of the real manufacturer or dealer upon an" article of commerce and selling the same 2. <" selling or b" offering for sale such articles of commerce 'nowing that the trade name or trademar' has been fraudulentl" used 3. <" using or substituting the service mar' or some other person or a colorable imitation of such mar' in the sale or advertising of his services 0. <" printing lithographing or reproducing trade name trademar' or service mar' of one person or a colorable imitation thereof to enable another person to fraudulentl" use the same 'nowing the fraudulent purpose for which it is to be used !ra$e 5ame # name or designation identif"ing or distinguishing an enterprise !ra$e 5ame 9istinguis%e$ from !ra$emark 1. Trade name is used in trade to designate a particular business of certain individuals considered as an entit"$ trademar' is used to indicate the origin or ownership of the goods to which it is affi!ed 2. Trade name unli'e trademar's are not necessaril" attached or affi!ed to the goods of the owner c. b.

Vena V. Verga
failed to prevent the commission of such offense

12/ Importation an$ 9isposition of 7alsely 1arke$ "rti#les 122 Substituting an$ "ltering !ra$emarks) !ra$e names) or Servi#e marks

P( or a fine ranging from P2** to P1 ***

1. 2. 3.

+rticles of merchandise involved: gold silver other precious metals or their allo"s. 8elling the misbranded articles is not necessar" +rticle 164 does not appl" to manufacturer of misbranded articles made of gold silver etc. The trade name etc. used b" the offender need not be identical with the infringed trade name etc of the offended part"$ a colorable imitation is sufficient There must not be differences which are glaring and stri'ing to the e"e :ar' # an" visible sign capable of distinguishing the foods Ctrademar'D or service Cservice mar'D of an enterprise and shall include a stamped or mar'ed container The trademar'%s function is to indicate the origin or ownership of the goods to which it is fi!ed The ob-ects of trademar' are to point out distinctl" the origin or ownership of the article to which it is affi!ed to secure to him who has been instrumental in brining into mar'et a superior article of merchandise the fruit of his industr" and s'ill and to prevent fraud and imposition 2t is not necessar" that the goods of the prior user and the late user of the trademar' are of the same categories The trade name or trademar' must be registered Trademar' must not be merel" descriptive or generic The e!clusive right to an originall" valid trademar' or trade name is lost if for some reason it loses its distinctiveness or has Page +2 of /.

P( in minimum or a fine ranging from P3** to P2 *** or both

1.

2. 3.

0. 3.

/. 4. 6.

9.

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Criminal Law II Reviewer

Vena V. Verga
become Fpublici jurisG :ere offer for sale completes the commission of the crime =vidence of actual fraudulent intent is not necessar" The basis for penalizing unfair competition is that no one shall b" imitating or an" unfair device induce the public to believe that the goods he offers for sale are the goods of another and thereb" appropriate to himself the value of the reputation which the other has ac@uired for the products or merchandise manufactured or sold b" him The true test of unfair competition is whether certain goods have clothed with an appearance which is li'el" to deceive ordinar" purchaser e!ercising ordinar" care and not whether a certain limited class of purchaser with special 'nowledge not possessed b" the ordinar" purchaser could avoid mista'e b" the e!ercise of this special 'nowledge :aster is liable for acts of servant 2nfringement of Trademar' or Tradename distinguished from Hnfair (ompetition a. H( is broader and more inclusive b. 2n H( the offended part" has identified in the mind of the public the goods he manufactures or deals in from those of others$ while in infringement the offended part" has identified a peculiar s"mbolEmar' with his goods and thereb" has ac@uired a propert" right in such s"mbolEmar' c. 2n H( the offender gives his goods the general appearance of the goods of another manufacturer E dealer and sells the same$ while in infringement the offender uses the trademar' or tradename of another manufacturer or dealer and sells his goods on which the trademar' is affi!ed The use of dul" stamped or mar'ed Page +4 of /.

124 Anfair Competition) 7rau$ulent Registration of !ra$e 5ame) tra$emark) or servi#e mark) 7rau$ulent $esignation of >rigin) an$ 7alse 9es#ription

"#ts Punis%e$' 1. <" selling his goods giving them the general appearance of the goods of another manufacturer or dealer CHnfair (ompetitionD a. That the offender gives his goods the general appearance of the goods of another manufacturer or dealer b. That the general appearance is shown in the CaD goods themselves or in the CbD wrapping of their pac'ages or in the CcD device or words therein or CdD an" other feature of their appearance c. That the offender offers to sellCsD those goods or gives other persons a chance or opportunit" to do the same with a li'e purpose d. That there is actual intent to deceive public or defraud a competitor 2. <" CaD affi!ing to his goods or using in connection with his services a false designation of origin or an" false description or representation and CbD b" selling such goods and services 3. <" procuring fraudulentl" from the patent office the registration of trade name trademar' or service mar' Smuggling or Illegal Importation' re@uisites: 1. that the merchandise must have been fraudulentl" or 'nowingl" imported contrar" to law 2. that the defendant if he is not the importer himself must have received concealed bought sold or in an" manner facilitated the transportation concealment or sale of the merchandise 3. that the defendant must be shown to have 'nowledge that the merchandise had been illegall" imported

Penalt" provided for in the ne!t preceding article

1. 2. 3.

0.

3. /.

4. (vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Criminal Law II Reviewer

Vena V. Verga
containers is regulated

)epealed b" 9angerous 9rugs +ct of 1742 +mended b" P9 1/*2 Prescribing 8tiffer Penalties in 2llegal 1ambling 140 +cts Punished: Importation) 1. <" importing into the Philippines from an" foreign place or sale an$ port an" lotter" tic'et or advertisement Possession of 2. <" selling or distributing the name in connivance with the Lottery importer !i#kets or 3. <" possessing 'nowingl" and with intent to use lotter" "$s tic'ets or advertisements 0. <" selling or distributing the same without connivance with the importer

14, E 14 14. E 144

+ :a"or in ma!imum to P( in minimum or a fine ranging from P2** to P2 *** or both # importation or selling and distributing + :enor or fine not e!ceeding P2 *** or both # possessing

1.
2. 3. 0.

The possession of an" lotter" tic'et or advertisement is prima facie evidence of an intent to sell distribute or use of the same 2f the defendant can establish that he did not 'now of the e!istence of the lotter" tic'et the presumption is destro"ed 2t is not necessar" that the lotter" tic'ets be genuine as it is enough that the" be given the appearance of lotter" tic'ets 2f the lotter" tic'ets are counterfeit the" cannot give rise to the evil sought to be eradicated

14/ 142 Illegal Betting on 6orse Ra#es

)epealed b" P9 063 <etting 1ameAFi!ing or PointA8having and :achinations in 8port (ontests +cts Punishable: 1. <" betting on horse races during the periods ,OT allowed b" law 0. <" maintaining or emplo"ing a totalizer or other device or scheme for betting on races or realizing profit therefrom during the periods not allowed b" law

+ :enor or fine not e!ceeding P2** or both + :a"or or a fine from P2** to P2 *** or both

1. 2.

Totalizer # machine for registering and indicating the number and nature of bets made on horse races ;orse )aces Prohibited on: a. Mul" 0th of ever" "ear

b.
2. 3.

144 Illegal Co#kfig%ting

+mended b" P9 007 (oc'fighting Baw of 1740 Persons Liable: 1. +n" person who directl" or indirectl" participates in coc'fighting b" betting mone" or other valuable things or who organizes coc'fights at which bets are made on a da" other than those permitted b" law 2. +n" person who directl" or indirectl" participates in coc'fights b" betting mone" or other valuable things or organizes such coc'fights at a place other than a licensed coc'pit

+ :enor or a fine not e!ceeding P2** or both

1. 2.

9ecember 3*th of ever" "ear c. +n" registration or voting da"s d. ;ol" Thursda" and 1ood Frida" The race held on the same da" and at the same place is punishable as separate offenses There is no liabilit" if there is no betting or use of totalizer Permitting gambling of an" 'ind in coc'pit is punished under the same 9ecree 8pectators in a coc'fight are not liable

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Page :, of /.

Criminal Law II Reviewer
+,, 3rave S#an$al 1. 2. That the offender performs an actCsD That such actCsD be highl" scandalous as offending against decenc" or good customs 3. That the highl" scandalous conduct is not e!pressl" falling within an" other article of this (ode 0. That the act or acts complained of be committed in a public place or within the public 'nowledge or view 3rave S#an$al # consists of acts which are offensive to decenc" and good customs which having been committed publicl" have given rise to public scandal to persons who have accidentall" witnessed the same Publicit" is essential 1oral # conformit" with the generall" accepted standards of goodness or rightness in conduct or character >bs#ene # something offensive to chastit" decenc" delicac" Those Biable: 1. Those who shall publicl" e!pound or proclaim doctrines openl" contrar" to public morals 2. +uthors of obscene literature published with their 'nowledge in an" form the editors publishing such literature$ and the ownersEoperators of the establishment selling the same 3. Thos who in theaters fairs cinematographs etc. e!hibit indecent or immoral pla"s scenes acts etc. it being understood that the obscene literature or indecent or immoral la"s etc. whether in live or in file which are proscribed b" virtue hereof 0. Those who shall sell give awa" or e!hibit films prints engravings sculptors etc. which are offensive to morals Vagrants' 1. +n" person having no apparent means of subsistence who has ph"sical abilit" to wor' and who neglects to appl" himself to some lawful calling 2. +n" person found loitering about public or semiApublic buildings or places or tramping or wandering about the countr" or the streets without visible means of support 3. +n" idle or dissolute person who lodges in houses of illA fame$ ruffians or pimps and those who habituall" associate with prostitutes + :enor or a fine not e!ceeding P2** 2n case of recidivism + :a"or in medium to P( in minimum or a fine from P2** to + :a"or and Public (ensure 1. 2.

Vena V. Verga
9ecenc" # propriet" of conduct$ proper observance of the re@uirements of modest" good taste etc. (ustoms # established usage social conventions carried on b" tradition and enforced b" social disapproval of an" violation thereof 2f the actCsD of the offender are punished under another article of this code +rticle 2** is not applicable The acts must be performed in a public place or within the public 'nowledge or view The author of obscene literature is liable onl" when it is published with his 'nowledge 2n ever" case the editor publishing is liable The test of obscenit" is whether the tendenc" of the matter charged as obscene is to deprave or corrupt those minds are open to such immoral influences an d into who shads such a publication ma" fall and also whether or not such publication or act shoc's the ordinar" and common sense of men as an indecenc" :ere nudit" in pictures or paintings is not an obscenit" F1ive +wa"G should be read as FdistributeG Pictures with slight degree of obscenit" not used for art%s sa'e but for commercial purposes fall under this +rticle The ob-ect of the law is to protect the morals of the public 9isposition of articles # to be forfeited in favor of the government Onl" par. 1 and 2 re@uires absence of visible means of support :endicanc" and abetting mendicanc" are punished 1iving of alms thru organized agencies operation under the rules and regulations of the :inistr" of Public 2nformation is not a violation of the :endicanc" Baw 9issolute # la! unrestrained immoral )uffians # brutal violent lawless persons Page :1 of /.

3. 0. P: or a fine ranging from P/ *** to P12 *** or both 1. 2. 3.

+,1 Immoral 9o#trines) >bs#ene Publi#ations an$ E=%ibitions) an$ In$e#ent S%ows

0. 3. /. 4. 6. 1. 2. 3.

+,+ Vagrants an$ Prostitutes

0. 3.

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Criminal Law II Reviewer
0. +n" person who not being included in the provision of other articles of this (ode shall be found loitering in an" inhabited or uninhabited place belonging to another without an" lawful or -ustifiable purpose Prostitute # a woman who for mone" or profit habituall" indulge in se!ual intercourse or lascivious conduct P2 *** or both /. 4.

Vena V. Verga
Pimp # one who provides gratification for the lust of others 8e!ual intercourse is not absolutel" necessar"

+,: &%o are Publi# >ffi#ers

1.

2.

+, Fnowingly Ren$ering AnCust <u$gment

1. 2. 3. 0.

Ta'ing part in the performance of public functions in the 1overnment or performing in said 1overnment or in an" of its branches public duties as an emplo"ee agent or subordinate official of an" ran' or class$ and That his authorit" to ta'e part in the performance of public functions or to perform public duties must be: a. b" direct provision of the law or b. b" popular election c. b" appointment b" competent authorit" That the offender is a -udge$ That he renders a -udgment in a case submitted to him for decision That the -udgment is un-ust That the -udge 'nows that his -udgment is un-ust

1. 2.

The term Fpublic officersG embraces ever" public servant from the highest to the lowest Temporar" performance of public functions b" a laborer ma'es him a public officer

P: and Perpetual +bsolute 9is@ualification CP+9D

1.

2. 3. 0.

1isfeasan#e improper performance of some act which might lawfull" be done 1alfeasan#e performance of an act which ought ,OT to be done 5onfeasan#e omission of some act which ought to be performed

3. /.

Mudgment # final consideration and determination of a court of competent -urisdiction upon the matters submitted to it in an action or proceeding Hn-ust Mudgment # one which is contrar" to law or is not supported b" the evidence or both +n un-ust -udgment is rendered 'nowingl" when it is made deliberatel" and maliciousl" 8ources of Hn-ust Mudgment: a. =rror # no liabilit" for error in good faith b. 2llAwill or )evenge c. <riber" There must be evidence that the -udgment is un-ust # it cannot be presumed Mudgment must be contrar" to law and not supported b" evidence Page :+ of /.

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Criminal Law II Reviewer
4. +,. Ren$ering <u$gment !%ru 5egligen#e 1. 2. 3. 0. That the offender is a -udge$ that he renders a -udgment in a case submitted to him for decision That he -udgment is manifestl" un-ust That it is due to his ine!cusable negligence or ignorance + :a"or and Temporar" 8pecial 9is@ualification CT89D 1.

Vena V. Verga
There must be evidence that the -udge 'new that his -udgment is un-ust + manifestl" un-ust -udgment is one so manifestl" contrar" to law that even a person having a meager 'nowledge of the law cannot doubt the in-ustice +buse of discretion or mere error of -udgment where there is not proof or even allegation of bad faith or ill motive is not punishable 2nterlocutor" Order # issued b" court between commencement and end of a suit or action and which decides some pointEmatter but which however is not a final decision of matter in issue Test in 9etermining: F9oes it leave something to be done in the trial court with respect to the merits of the caseNG a. if it does # it is interlocutor" b. if it doesn%t # it is final :ere dela" without is not a felon" under this article 9ela" is :alicious # the dela" is cause b" the -udge with deliberate intent to inflict damage on either part" in the case ,egligence # under this article is not merel" lac' of foresight or s'ill but neglect of duties of office b" maliciousl" failing to move the prosecution and punishment of the delin@uent :alice is an important element FOfficers of the BawG includes all those of the prosecution who b" reasons of the position held b" them are dut"Abound to cause the prosecution Cincludes (hief of Police and barrio lieutenantD F:aliciousl"G signifies deliberate intent (rime committed b" the lawAviolator must be proved first before the person charged with dereliction can be made liable )P( not applicable to revenue officers

2.

+,0 Ren$ering AnCust Interlo#utory >r$er

1. 2.

That the offender is a -udge$ That he performs an" of the following acts: a. 'nowingl" renders un-ust interlocutor" order or decree$ or b. renders a manifestl" un-ust interlocutor" order or decree thru ine!cusable negligence or ignorance

+ :a"or in minimum and 8uspension 8uspension

1.

2.

+,/ 1ali#ious 9elay in t%e "$min of <usti#e +,2 9ereli#tion of 9uty in Prose#ution of >ffenses

1. 2. 3. 0.

That That That That

the offender is a -udge there is a proceeding in his court he dela"s the administration of -ustice the dela" is malicious

P( in minimum

1. 2.

"#ts Punis%able' 1. <" maliciousl" refraining from institution prosecution against violators of the law 2. <" maliciousl" tolerating the commission of offenses Elements: 1. That the offender is a public officer or officer of the law who has a dut" to cause the prosecution of or to prosecute offenses 2. That there is dereliction of the duties of his office$ that is 'nowing the commission of the crime he does not cause the prosecution of the criminal or 'nowing that a crime is about to be committed he tolerates its commission

P( in minimum period and suspension

1.

2. 3.

0. 3. /.

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Page :: of /.

Criminal Law II Reviewer
+,4 Betrayal of !rust by an "ttorney or Soli#itor "#ts Punis%e$' 1. <" causing damage to his client either CaD b" an" malicious breach of professional dut" CbD b" ine!cusable negligence or ignorance 2. <" revealing an" of the secrets of his client learned b" him in his professional capacit" 3. <" underta'ing the defense of the opposing part" in the same case without the consent of his first client after having underta'en the defense of said first client or after having received confidential information from said client "#ts Punis%able in 9ire#t Bribery' 1. <" agreeing to perform or b" performing in consideration of an" offer promise gift or present # and act constituting a crime in connection with the performance of his official duties 2. <" accepting a gift in consideration of the e!ecution of an act which does not constitute a crime in connection with the performance of his official dut" <" agreeing to refrain or b" refraining from doing something which is his official dut" to do in consideration of gift or promise 2n addition to proper administrative action P( in minimum or a fine ranging P2** # P1 *** 1.

Vena V. Verga
Hnder first act there must be 9+:+1= to his client Hnder 2nd act damage is ,OT necessar"

2. 3.

+1, 9ire#t Bribery

3.

Elements' 1. That the offender be a public officer within scope of +rticle 2*3 2. That the offender accepts an offer or a promise or receives a gift or present b" himself or thru another 3. That such offer or promise be accepted or gift or present received b" the public officer: a. with a view to committing some crime$ or b. in consideration of the e!ecution of an act which does not constitute a crime but the act must be un-ust c. to refrain from doing something which it is his official dut" to do 0. That the act which the offender agrees to perform or which he e!ecutes be connected with the performance of his official duties Prevari#a#ion ?"rt. +,2@ 9istinguis%e$ from Bribery' 1. <oth are committed b" refraining doing something which (vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

P: in medium and ma!imum and fine of not less than value of gift and not less than 3! value of gift in addition to the penalt" corresponding to crime agreed upon and 8pecial Temporar" 9is@ualification C8T9D # if the same crime should have been committed and if the act does not constitute a crime and officer e!ecuted the act P( in medium and fine of not less than 2! value of gift and 8T9 # if act shall not have been accomplished

Hnder 3rd act if the client consents to the attorne"%s ta'ing the defense of the other part" there is no crime 4. Procurador Judicial # a person who had some practical 'nowledge of law and procedure but not a law"er and was permitted to represent a part" in a case before an inferior court 7irst Element' 3. Temporar" performance of public functions is sufficient to constitute a person a public officer 0. 2t is believed that it does not cover a private individual because the additional penalt" of 8T9 has no practical application Se#on$ Element' 1. 1ift ma" be received b" public officer himself or thru a 3rd person 2. <riber" e!ists: a. when the gift is offered voluntaril" b" a private person b. when the gift is solicited b" a public officer and the private person voluntaril" delivers it to the public officer c. when the gift is solicited b" a public officer as the consideration for his refraining from the performance of an official dut" and the private person 3. + promise of gift to a public officer who accepts such promise is sufficient under 1 st paragraph 4. 2n 2nd paragraph the gift must be +((=PT=9 3. 2f the offer is not accepted onl" the person offering the gift is criminall" liable /. The gift must have a value or be capable of pecuniar" estimation Page : of /.

Criminal Law II Reviewer
pertains to the official dut" of the officer 2n briber" the offender refrained from doing his official dut" in consideration of a gift received or promised$ while in crime of prevaricacion this element is ,OT necessar"

Vena V. Verga
!%ir$ Element' 1. The act which the public officer agrees to perform must be connected with the performance of official duties 2. 2t is not briber" if the act is in discharge of a mere moral dut" 3. The fact that the act agreed to be performed is in e!cess of his power -urisdiction or authorit" is no defense =O(=PT: if act is so foreign to duties of office as to lac' even color of authorit" 0. 2n briber" the gift or present must be given to the public officer to corrupt him 1. The gift is usuall" given to the public officer in anticipation of future favor from the public officer 2. There must be a clear intention on the part of the public officer to ta'e the gift so offered and consider the same as his own propert" 3. :ere ph"sical receipt unaccompanied b" an" other sign circumstance or act to show such acceptance is ,OT sufficient to lead the court to conclude that the crime of indirect briber" has been committed 0. People vs. Pamplona Cpg. 3/1D # considered indirect briber" even if there was a sort of agreement between public officer and giver$ reason: the act e!ecuted b" the accused was ,OT un-ust therefore it cannot be direct briber"

2.

+11 In$ire#t Bribery

1. 2. 3.

That the offender is a public officer That he accepts gifts That the said gifts are offered to him b" reason of his office

+ :a"or suspension in minimum and medium and public censure ,o attempted or frustrated indirect briber"

9ire#t Bribery 9istinguis%e$ from In$ire#t Bribery' 1. 2n both the public officer receives a gift 2. 2n direct briber" there is an agreement between the public officer and the giver$ in indirect briber" usuall" no such agreement e!ists 3. 2n direct briber" the offender agrees to perform or performs an act or refrains from doing something because of the gift or promise$ in indirect briber" in is ,OT necessar" that the officer should do an" particular act or even promise to do an" act as it is enough that he accepts gifts offered to him b" reason of his office +11-" ;ualifie$ Bribery 1. 2. 3. That the offender is a public officer or entrusted with law enforcement That the offender refrains from arresting or prosecuting an offender who has committed a crime punishable b" )P andEor death That the offender refrains from arresting or prosecuting the offender in consideration of an" promise gift or present

Penalt" for offense which was not prosecuted # first paragraph Penalt" of death # if it is the public officer who as's or demands such gift or present Page :. of /.

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Criminal Law II Reviewer
+1+ Corruption of Publi# >ffi#ials +1: 7rau$s "gainst t%e Publi# !reasury an$ Similar >ffenses 1. That the offender offers or promises or gives gifts or presents to a public officer 2. That the offers or promises are made or the gifts or presents given to a public officer under circumstances that will ma'e the public officer liable for direct briber" or indirect briber" +cts Punishable as Frauds +gainst Public Treasur": 1. <" entering into an" agreement with an" interested part" or speculator or ma'ing use of an" other scheme to defraud the government in dealing with an" person with regard to furnishing supplies the ma'ing of contracts or the ad-ustment or settlement of accounts relating to propert" or funds. 2. <" demanding directl" or indirectl" the pa"ment of sums different form or larger than those authorized " law in the collection of ta!es licenses fees and other imposts. 3. <" failing voluntaril" to issue a receipt as provided b" law for an" sum of mone" collected b" him officiall" in the collection of ta!es licenses fees and other imposts 0. <" collecting or receiving directl" or indirectl" b" wa" of pa"ment or otherwise things or ob-ects of a nature different from that provided b" law in the collection of ta!es licenses fees and other imposts Elements of 7rau$s against Publi# !reasury' 1. That the offender be public officer 2. That he should have ta'en advantage of his office that is he intervened in the transaction in his official capacit" 3. That he entered into an agreement with an" interested part" or speculator or made use of an" other scheme with regard to furnishing supplies the ma'ing of contracts or the ad-ustment or settlement of accounts relating to public propert" or funds 0. That the accused had intent to defraud the government Elements of Illegal E=a#tion' 1. The offender is a public officer entrusted with the collection of ta!es licenses fees and other imposts 2. ;e is guilt" of acts 2 3 and 0 Cabove in +cts Punishable as Frauds +gainst Public Treasur"D Elements of t%e Crime' 1. That the offender is a public officer 2. That he ta'es advantage of his official position 8ame penalties imposed upon officer corrupted e!cept dis@ualification and suspension P( medium to P: minimum or a fine ranging from P2** to P1* *** or both Provisions of +dministrative (ode # when culprit is an officer or emplo"ee of <2) or <O( 1. 2.

Vena V. Verga
Offender in this article is the giver or offeror The public officer sought to be bribed is not criminall" liable unless he accepts the gift or consents 3. <riber" is usuall" proved b" evidence ac@uired in entrapment 1. Public officer must act in his official capacit" # the public officer must have the dut" to deal with an" person with regard to furnishing supplies etc. 2. The crime of frauds against public treasur" is consummated b" merel" entering into an agreement with an" interested part" or speculator or b" merel" ma'ing use of an" other scheme to defraud the government 3. 2t is not necessar" that the government is actuall" defrauded b" reason of the transaction. 0. 2t is sufficient that the government is actuall" defrauded b" reason of the transaction. 3. :ere demand for larger or different amount is sufficient to consummate the crime /. (ollecting officer must issue official receipts to be guilt" of illegal e!actions 4. 5hen there is 9=(=2T in demanding greater fees than those prescribed b" law the crime committed is estafa and not illegal e!action. 6. Ta! collector need not account for ta! collected 7. 2f a ta! collector collected a sum larger than that authorized b" law and spent all of them is guilt" of 2 crimes$ a. 2llegal e!action for demanding a greater amount b. :alversation for misappropriating the amount e!tracted 1*. Officer or emplo"ee of <2) or <O( not covered b" this article 1. 2. The public officer must ta'e advantage of his official position Frauds and 9eceits =numerated in (hapter Page :0 of /.

+1 >t%er 7rau$s

2n addition to the penalties prescribed in the

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Criminal Law II Reviewer
3. That he commits an" of the frauds or deceits enumerated in +rticles 313 to 316 provisions of (hapter / Title 1* <oo' 2 of this (ode the penalt" of T89 in ma!imum to P89

Vena V. Verga
/ Title 1* <oo' 2 of this (ode: a. =stafa b. Other Forms of 8windling c. 8windling a :inor d. Other 9eceits The )T( and not the :T( has -urisdiction when this article is involved regardless of amount or penalt" involved because the :T( has not -urisdiction to impose the penalt" of dis@ualification The transaction must be one of e!change or speculation 2t is sufficient that the appointive officer has an interest in an" transaction of e!change or speculation Purchasing of stoc's or shares in a compan" is simpl" an investment and is not a violation of the article <u"ing regularl" securities for resale is speculation +ppointive officer should not devote himself to commerce +ctual fraud is not necessar" 2ntervention must be b" virtue of public office held +n officer who intervenes in contract or transaction which has no connection with his office (+,,OT commit the crime defined in +rticle 216

3.

+1. Pro%ibite$ !ransa#tions

1. 2. 3. 0.

That the offender is an appointive public officer That he becomes interested directl" or indirectl" in an" transaction of e!change or speculation That the transaction ta'es place within the territor" sub-ect to his -urisdiction That he becomes interested in the transaction during his incumbenc"

P( minimum or a fine ranging from P2** to P1 *** or both

1. 2. 3. 0. 3.

=!ample of +ppointive Public Officer: A -ustices -udges or fiscals emplo"ees engaged in the collection and administration of public funds +10 Possession of Pro%ibite$ Interest by a Publi# >ffi#er People Liable for Possession of Pro%ibite$ Interest' 1. Public officer who directl" or indirectl" became interested in an" contract or business in which it was his official dut" to intervene. 2. =!perts arbitrators and private accountants who in li'e manner too' part in an" contract or transaction connected with the estate or propert" in the appraisal distribution or ad-udication of which the" had acted 3. 1uardians and e!ecutors with respect to the propert" belonging to their wards or estate EmbeDDlement # also called malversation "#ts Punis%able in 1alversation' 1. <" appropriating public funds or propert" includes ever" attempt to dispose of the same without right 2. <" ta'ing or misappropriating the same the funds or propert" ta'en need not be misappropriated for it to be consummated 3. <" consenting or thru abandonment or negligence permitting an" other person to ta'e such public funds or + :a"or medium period to P( minimum period or a fine ranging from P2** to P1 *** or both

1. 2. 3.

+1/ 1alversation of Publi# 7un$s or Property E Presumption of 1alversation

P( in medium and ma!imum # if amount does not e!ceed P2** P: minimum and medium # if amount is more than P2** b" not e!ceeding P/ ***

1. 2. 3. 0.

The offender in malversation under this article must be a public officer defined in +rticle 2*3 ,ature of the duties of the public officer not name of office is controlling Funds or propert" must be received in official capacit" 5hen a public officer had no authorit" to receive the mone" for the government and upon receipt if the same he misappropriated it the crime committed is estafa Page :/ of /.

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Criminal Law II Reviewer
propert" negligence must be positive and clearl" shown to be ine!cusable appro!imating malice or fraud <" being otherwise guilt" of the misappropriation or malversation of such funds or propert" 3.

Vena V. Verga
+ public officer having onl" a @ualified charge of government propert" without authorit" to part with ph"sical possession of it unless upon order from his immediate superior cannot be held liable for malversation C5ebster and 5ic'ersham rulingsD 5ebster and 5ic'ersham cases not applicable when the accused had authorit" to receive mone" pertaining to the government + private person conspiring with an accountable public officer in committing malversation is also guilt" of malversation 1overnment funds include revenue funds and trust funds Private propert" ma" be involved in malversation The measure of negligence is the standard of care commensurate with the occasion 2n malversation not committed thru negligence lac' of criminal intent or good faith is a defense Presumption from failure to have dul" forthcoming public funds or propert" upon demand: Prima Facie evidence that he has put such to personal use Presumption ma" be rebutted The return of the funds is onl" mitigation not e!empting circumstance 5hen a shortage is paid b" the public officer from his poc'et he is not liable for malversation <orrowing mone" to replace funds # malversation <orrowing mone" to replace funds # when missing amount is found in some unaccustomed place he is ,OT liable Previous demand is not necessar" in malversation in spite of last paragraph of +rticle 214 + person whose negligence made possible the commission of malversation b" another can be held liable as principle b" Page :2 of /.

0.

Elements Common to "ll "#ts of 1alversation' 1. That the offender be a public officer 2. That he had the custod" or control of funds or propert" b" reason of the duties of his office 3. That those funds or propert" were public funds or propert" for which he was accountable 0. That he appropriated too' misappropriated or consented or thru abandonment or negligence permitted another person to ta'e them !o be guilty of 1alversation) Publi# offi#er must %ave' 1. The official custod" of public funds or propert" or the dut" to collect or receive funds due the government and 2. The obligation to account for them to the government

P: ma!imum to )T minimum if amount more than P/ *** but less than P12 *** )T medium and ma!imum if amount more than P12 *** but less than P22 *** )T ma!imum to )P if amount e!ceeds P22 ***

/. 4. 6. 7. 1*. 11. 12.

13. 10. 13. 1/. 14. 16. 17.

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Criminal Law II Reviewer

Vena V. Verga
indispensable cooperation in comple! crime of malversation thru falsification of a public document b" rec'less negligence 2*. 9amage to the government is ,OT necessar" 1. 9emand for accounting is not necessar" 2. )eason wh" :ere Failure to )ender +ccount is Punishable: performance of the dut" 3. :isappropriation is not necessar" in order to be liable under this article

+12 7ailure of "##ountable >ffi#er to Ren$er "##ounts +14 7ailure to Ren$er "##ounts before Leaving t%e Country ++, Illegal Ase of Publi# 7un$s or Property

1. 2. 3. 0. 1. 2. 3.

That the offender is a public officer whether in the service or separated therefrom That he must be an accountable officer for public funds or propert" That he is re@uired b" law or regulation to render accounts to the (O+ or to a provincial auditor That he fails to do so for a period of two months after such accounts should be rendered That the offender is a public officer That he must be an accountable officer for public funds or propert" That he must have unlawfull" left Cor be on the point of leavingD the Philippines without securing from (O+ a certificate showing that his accounts have been finall" settled That the offender is a public officer That there is public fund or propert" under his administration That such public fund or propert" has been appropriated b" law or ordinance That he applies the same to a public use other than that for which such fund or propert" has been appropriated b" law or ordinance

P( in minimum or fine ranging from P2** to P/ *** or both

+ :a"or or fine ranging from P2** to P1 *** or both

The act of leaving the countr" must be unauthorized or not permitted b" law

1. 2. 3. 0.

P( minimum or a fine ranging from P to total value of sum misapplied with T89 # if damage or embarrassment resulted Fine from 3A3*L of sum misapplied # if no damage or embarrassment resulted

1.

++1 7ailure to 1ake 9elivery of

"#ts Punis%able' 1. <" failing to ma'e pa"ment b" public officer who is under obligation to ma'e such pa"ment from 1overnment funds in his possession

+ :a"or and fine from 3A23L of sum he failed to pa"

The public finds or propert" must be appropriated b" law or ordinance for a particular purpose 2. 2llegal Hse of Public Funds or Propert" 9istinguished from :alversation under +rticle 214: a. <oth crimes # offenders are accountable public officers b. 2llegal Hse of Public FundsEPropert" # offender does not derive an" personal gain or profit$ :alversation # offender in certain cases profits from proceeds of crime c. 2llegal Hse # public fundEpropert" is applied to another public use$ :alversation # public fund or propert" is applied to personal use and benefit of offender or of another person )efusal to ma'e deliver" of propert" must be :+B2(2OH8.

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Page :4 of /.

Criminal Law II Reviewer
Publi# 7un$s or Property 2. <" refusing to ma'e deliver" b" a public officer who had been ordered b" competent authorit" to deliver an" propert" in his custod" or under his administration

Vena V. Verga

+++ >ffi#ers In#lu$e$ in t%e Pre#e$ing Provisions

Elements of 7ailure to 1ake Payment' 1. That the public officer has government funds in his possession 2. That he is under obligation to ma'e pa"ment from such funds 3. That he fails to ma'e the pa"ment maliciousl" Private In$ivi$uals &%o 1ay be Liable from "rts. +1/++1' 1. Private individuals who in an" capacit" whatever have charge of an" national provincial or municipal funds revenue or propert" 2. +dministrator or depositor" of funds or propert" attached seized or deposited b" pubic authorit" even if such propert" belongs to a private individual 1. 2. That the offender is a public officer That he had in his custod" or charge a prisoner either detention prisoner or prisoner b" final -udgment 3. That such prisoner escaped from his custod" 0. That he was in connivance with the prisoner in the latter%s escape Classes of Prisoners Involve$' 1. Fugitive sentenced b" final -udgment to an" penalt" 2. Fugitive held onl" as detention prisoner for an" crime or violation of law or municipal ordinance

Hnder 2nd paragraph Fine shall be graduated b" value to thing provided that it shall not be less than P3* Provisions of this chapter shall appl" 1. 2. 3. 0. P( medium and ma!imum and T89 ma!imum to P89 # sentenced b" final -udgment to an" penalt" P( minimum and T89 # fugitive not finall" convicted but onl" held as detention prisoner + :a"or ma!imum to P( minimum and T89 1. 2. 3. Purpose: to e!tend the provision of this (ode on malversation to private individuals 8heriffs and receivers fall under the term FadministratorG Mudicial administrator is not covered b" this article Private propert" is included provided it is attached seized or deposited with public authorit" (onnivance with the prisoner in his escape is an indispensable element 9etention Prisoner # person in legal custod" arrested for and charged with some crime or public offense )elease of detention prisoner who could not be delivered to the -udicial authorit" within the time fi!ed b" law is not infidelit" in the custod" of the prisoner Benienc" or la!it" is not infidelit" Ce.g. prisoner allowed to eat in restaurant near municipal buildingD )ela!ation of 2mprisonment is considered infidelit" The prisoner is either a convict b" a final -udgment or detention prisoner 5hat is punished invasion thru negligence is such a definite la!it" as all but amounts to deliberate nonAperformance of dut" on the part of the guard Ce.g. falling asleep lac' of ade@uate precautionsD The fact that public officer recaptured the prisoner does not afford complete e!culpation Page , of /.

++: Conniving wit% or Consenting to Evasion

0. 3. 1. 2.

++ Evasion !%roug% 5egligen#e

1. 2. 3.

That the offender is a public officer That he is charged with the conve"ance or custod" of a prisoner either detention prisoner or prisoner b" final -udgment That such prisoner escapes thru his negligence

Liability of Es#aping Prisoner' 1. (onvict b" reason of final -udgment # +rticle 134 2. 9etention Prisoner # no liabilit" (vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

3.

Criminal Law II Reviewer
++. Es#ape of Prisoner un$er t%e Custo$y of a Person not a Publi# >ffi#er ++0 Removal) Con#eal-ment or 9estru#tion of 9o#uments 1. 2. 3. 0. 1. 2. 3. 0. That the offender is a private person That the conve"ance or custod" of a prisoner or person under arrest is confided to him That the prisoner or person under arrest escapes That the offender consents to the escape of the prisoner or person under arrest or that the escape ta'es place thru his negligence That the offender be a public officer That he abstracts destro"s or conceals documents or papers That the said documents or papers should have been entrusted to such public officer b" means of his office That damage whether serious or not to a third part" or to the public interest should have been caused Penalt" ne!t lower in degree than that prescribed for the public officer P: and fine not e!ceeding P1 *** # serious damage P( minimum and medium and fine not e!ceeding P1 *** # damage not serious

Vena V. Verga
This article does not appl" if a private person was the one who made the arrest and consented to the escape of the person he arrested

3. 0. 3. /. 4. 6. 7. 1*.

"#ts Punis%able in Infi$elity in Custo$y of 9o#uments' 1. )emoving 2. 9estro"ing 3. (oncealing documents or papers officiall" entrusted in the offending public officer Infi$elity in Custo$y of 9o#ument $istinguis%e$ from 1alversation an$ 7alsifi#ation 1. :alversation and Falsification # when postmaster received mone" orders signed as pa"ee collected and appropriated the respective amounts 2. 2nfidelit" in (ustod" of Papers # when postmaster receives lettersEenvelopes containing mone" orders and :O are not sent to addressees the postmaster cashing the same for his own benefit 9o#ument # written instrument b" which something is proved or made of record

11.

12. 13. 1. 2. 1. 2.

++/ >ffi#er Breaking Seal ++2 >pening of

1. 2. 3. 0. 1. 2.

That the offender is a public officer That he is charged with the custod" of papers or propert" That these papers or propert" are sealed b" proper authorit" That he brea's the seals or permits them to be bro'en That offender is a public officer That an" closed papers documents or ob-ects are

P( minimum and medium T89 and fine not e!ceeding P2 *** + :a"or T89 and fine not

Public officer must be officiall" entrusted with the documents or papers The document must be (O:PB=T= and one b" which a right could be established or an obligation could be e!tinguished <oo's periodicals pamphlets etc. are not documents Papers includes chec's promissor" notes and paper mone" Post office official who retained the mail without forwarding to their destination is guilt" under this article. :one" bills received as e!hibits in court are papers The removal must be for an illicit purpose The removal is for an illicit purpose when intention is to a. tamper with it or b. to profit b" it$ or c. to commit an act constituting breach of trust in official care thereof 9eemed consummated upon removal from or secreting awa" from usual place in the office and after offender had gone out and loc'ed the door 2nfidelit" in custod" b" destro"ing or concealing it does not re@uired proof of illicit purpose There must be damage great or small 2t is the brea'ing of the seals not the opening of a closed envelope which is punished 9amage or intent to cause damage is ,OT necessar" (ustod" # guarding$ 'eeping safe$ care (losed documents must be entrusted to the Page 1 of /.

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Criminal Law II Reviewer
Close$ 9o#uments entrusted to his custod" That he opens or permits to be opened said closed papers documents or ob-ects That he does not have proper authorit" e!ceeding P2 *** 3. 0. ++4 Revelation of Se#rets by an >ffi#er Elements of 5o. 1' 1. That the offender is a public officer 2. That he 'nows a secret b" reason of his official capacit" 3. That he reveals such secret without authorit" or -ustifiable reasons 0. That damage great or small be cause to the public interest Elements of 5o. +' 1. That the offender is a public officer 2. That he has charge of papers 3. That those papers should not be published 4. That he delivers those papers or copies thereof to a 3rd person 3. That the deliver" is wrongful /. That damage be caused to public interest Revelation 9istinguis%e$ from Infi$elity' 1. Papers contain 8ecrets # revelation 2. Papers do not contain 8ecrets A 2nfidelit" 1. That the offender is a public officer 2. That he 'nows of the secrets of a private individual b" reason of his office 3. That he reveals such secrets without authorit" or -ustifiable reason 1. 2. 3. 0. That the offender is a -udicial or e!ecutive officer That there is a -udgment decision or order of a superior authorit" That such -udgment decision or order was made within the scope of the -urisdiction of the superior authorit" and issued with all legal formalities That the offender without an" legal -ustification openl" refuses to e!ecute the said -udgment decision or order which he is dut" bound to obe" P( medium and ma!imum P89 and fine not e!ceeding P2 *** # serious damage P( minimum T89 and fine not e!ceeding P3** # not so serious 1.

Vena V. Verga
custod" of the accused b" reason of his office The act should not fall under +rticle 224 C<rea'ing of 8ealD 9amage or intent to cause damage ,OT element +cts Punishable: a. <" revealing an" secrets 'nown to the offending public officer b" reason of his official capacit" b. <" delivering wrongfull" papers or copies of his papers which he ma" have charge and which should ,OT be published 8ecrets must affect public interests =spionage is not contemplated in this article This article onl" punishes minor official betra"als infidelities of little conse@uence affecting usuall" the administration of -ustice e!ecutive or official duties or the general interest of the public order Offender must have charge of papers or copies of papers 9amage is an element under +rticle 227

3. 0.

2. 3. 0.

3. /.

+:, Publi# >ffi#er Revealing Se#rets of Private In$ivi$ual +:1 >pen 9isobe$ien#e

+ :a"or and fine not e!ceeding P1 ***

1. 2. 3.

)evelation to one person is sufficient for public revelation is not re@uired. 5hen the offender is an attorne" at law or a solicitor +rticle 2*7 is applicable and not 23* 9amage to private individuals not necessar"

+ :a"or medium to P( minimum T89 ma!imum and fine not e!ceeding P1 ***

The act constitution the crime is the open refusal to e!ecute -udgment decision or order

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Page

+ of /.

Criminal Law II Reviewer
+:+ 9isobe$ien#e to >r$er of Superior >ffi#er) &%en Sai$ >r$er was Suspen$e$ by Inferior >ffi#er +:: Refusal of "ssistan#e 1. 2. 3. 0. 3. That the offender is a public officer That an order is issued b" his superior for e!ecution That he has for an" reason suspended the e!ecution of such order That his superior disapproves the suspension of the e!ecution of the order That the offender disobe"s his superior despite the disapproval of the suspension That the offender is a public officer That a competent authorit" demands from the offender that he land his cooperation towards the administration of -ustice or other public service That the offender fails to do so maliciousl" P( minimum and medium and P89 1. 2.

Vena V. Verga
)eason for Provision: superior officer ma" sometimes err or orders ma" proceed from a mista'en -udgment The article does not appl" if the order of the superior is illegal

1. 2. 3.

+ :a"or medium to P( minimum P89 and fine not e!ceeding P1 *** # serious damage + :a"or medium and ma!imum fine not e!ceeding P3** # not so serious damage + :a"or or fine not e!ceeding P1 *** or both

1. 2.

9emand must be from a competent authorit" 9amage to public interest is essential great or small

+: Refusal to 9is#%arge Ele#tive >ffi#e

1. 2. 3.

That the offender is elected b" popular election to public office. That he refuses to be sworn in or to discharge the duties of said office That there is no legal motive for such refusal to be sworn in or to discharge the duties of said office

1. 2. 3.

)efusal must be without legal motive )eason for Provision: matter of dut" to discharge duties of said office +rticle 230 ,OT applicable to appointive officer

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Page

: of /.

Criminal Law II Reviewer
+:. 1altreatment of Prisoners 1. 2. 3. That the offender is a public officer or emplo"ee That he has under his charge a prisoner or detention prisoner That he maltreats such prisoner in either of the following manners: a. b" overdoing himself in the correction or handling of a prisoner or detention prisoner under his charge either # i. b" the imposition of punishments not authorized b" the regulations or ii. b" inflicting such punishments Cthose authorizedD in a cruel and humiliating manner b. <" maltreating such prisoner to e!tort a confession or to obtain some information from the prisoner P( medium period to P: in minimum in addition to liabilit" for ph"sical in-uries or damages caused under paragraph 1 1. 2. 3. 0.

Vena V. Verga
The public officer must have actual charge of the prisoner to hold him liable fro maltreatment of prisoner Offended part" must be a convict or detention prisoner To be detention prisoner the person arrested must be placed in -ail even for a short while The maltreatment must relate to the correction or handling of the prisoner or must be for the purpose of e!torting a confession or of obtaining some information from the prisoner 2f ph"sical in-uries were due to a personal grudge it would not fall under this article Offender ma" also be liable for ph"sical in-uries or damage caused ,o comple! crime of maltreatment with serious or less serious ph"sical in-uries

+:0 "nti#ipation of 9uties of Publi# >ffi#e

1. 2. 3. 0. 1. 2. 3. 1. 2. 3. 0.

+:/ Prolonging Performan#e of 9uties an$ Powers +:2 "ban$onmen t of >ffi#e or Position

That the offender is entitled to hold a public office or emplo"ment either b" election or appointment That the B+5 re@uires that he should first be sworn in andEor should first give a bond ;e assumes performance of duties and powers of such office That he has not ta'en his oath andEor given bond re@uired That the offender is holding a public office That the period provided b" law regulations or special provisions for holding such office has alread" e!pired That he continues to e!ercise the duties and powers of such office That the offender is a public officer That he formall" resigns from his position That his resignation has not "et been accepted That he abandons his office to the detriment of the public service

P: in minimum T89 and fine not e!ceeding P/ *** in addition to liabilit" for ph"sical in-uries or damage caused 8uspended until complied with formalities and fine from P2**A P3** P( minimum T89 minimum and fine not e!ceeding P3** + :a"or # to detriment of public service P( minimum and medium and + :a"or # if to evade dut" of preventing prosecuting or

3. /. 4.

Public officer who has been suspended separated declared overaged or dismissed cannot continue to perform the duties of his office 1. 2. There must be a written or formal resignation +bandonment 9istinguished from ,egligence in Prosecution of Offenses C+rticle 2*6D: a. +bandonment # committed b" an" public officer$ +rticle 2*6 # committed b" public officers who have the dut" to institute prosecution for punishment of violation of the law b. +bandonment # public officer abandons Page of /.

;ualifying Cir#umstan#e' preventing prosecuting or punishing an" of the crimes falling within Title One and (hapter One of Title 3 of <oo' 2 C(rimes against ,ational 8ecurit" and Baw of (vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Criminal Law II Reviewer
,ations and (rimes against Public OrderD +:4 Asurpation of Legislative Powers + , Asurpation of E=e#utive 7un#tions + 1 Asurpation of <u$i#ial 7un#tions + + 9isobeying ReBuest for 9isBualifi#ati on + : >r$ers or ReBuests by E=e#utive >ffi#er to any <u$i#ial "ut%ority + Anlawful "ppointment s + . "buses "gainst C%astity 1. 2. 1. 2. 1. 2. 1. 2. 3. 0. 1. 2. 3. That the offender is a e!ecutive or -udicial officer That he ma'es general rules or regulations be"ond the scope of his authorit" or attempts to repeal a law or suspends the e!ecution thereof That the offender is a -udge That he assumes a power pertaining to the e!ecutive authorities or obstructs the e!ecutive authorities in the lawful e!ercise of their powers That the offender is an officer of the e!ecutive branch of the government That he assumes -udicial powers or obstructs the e!ecution of an" order or decision rendered b" an" -udge within his -urisdiction That the offender is a public officer That a proceeding is pending before such public officer That there is a @uestion brought before the proper authorit" regarding his -urisdiction which is not "et decided That he has been lawfull" re@uired to refrain from continuing the proceeding That the offender is an e!ecutive officer That he addressed an" order or suggestion to an" -udicial authorit" That the order or suggestion relates to an" case or business coming within the e!clusive -urisdiction of the courts of -ustice That the offender is a public officer That he nominates or appoints a person to a public office That such person lac's the legal @ualifications therefore That the offender 'nows that his nominee or appointee lac's the @ualifications at the time he made the nomination or appointment That the offender is a public officer That he solicits or ma'es immoral or indecent advances to a woman That such woman must be: a. 2nterested in matters pending before the offender for decision or with respect to which he is re@uired to submit a report to or consult with a superior officer$ or punishing P( minimum T89 and fine not e!ceeding P1 *** + :a"or in medium period to P( in minimum period + :a"or medium to P( minimum

Vena V. Verga
office to evade discharge of duties$ +rticle 2*6 # public officer does not abandon office

Begislative officers are not liable for usurpation of powers # onl" +rticle 144 CHsurpation of authorit" or official functionsD +rticles 237A201 punish interference b" officers of one of the 3 departments of government with function of officers of another department

+ :a"or and fine not e!ceeding P3**

+ :a"or and fine note e!ceeding P3**

1. 2.

Purpose of the provision is to maintain the independence of the -udiciar" Begislative or -udicial officers are not liable under +rticle 203

1. 2. 3. 0. 1. 2. 3.

+ :a"or and a fine not e!ceeding P1 *** P( medium and ma!imum and T89

1. 2. 3. 1. 2. 3. 0.

The offense is committed b" nominating or b" appointing. )ecommending is not a crime There must be law that provides for the @ualifications or a person to be nominated or appointed to a public office 8olicit # propose earnestl" and persistentl" something unchaste and immoral to a woman The advances must be immoral or indecent The crime is consummated b" mere proposal Proof of solicitation is not necessar" when there is se!ual intercourse Page . of /.

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Criminal Law II Reviewer
b. Hnder the custod" of the offender who is a warden or other public officer directl" charged with the care and custod" of prisoners or persons under arrest$ or c. The wife daughter sister or relative within the same degree b" affinit" of the person in the custod" of the offender That a person is 'illed That the deceased is 'illed b" the accused That the deceased is the father mother or child whether legitimate or illegitimate or a legitimate other ascendant or other descendent or the legitimate spouse of the accused

Vena V. Verga

+ 0 Parri#i$e

1. 2. 3.

)P to 9eath

1. 2. 3. 0. 3. /. 4. 6.

5ote: 1. Other ascendants or descendants must be legitimate 2. Father mother or child ma" be legitimate or illegitimate

)elationship of the offender with the victim is the essential element of this crime Parents and children are not included in the term FascendantsG or FdescendantsG The child should not be less than 3 da"s old otherwise the crime is infanticide 8pouse must be legitimate )elationship must be alleged There is crime of parricide thru rec'less imprudence There is also parricide b" mista'e + stranger who cooperates in parricide will not be guilt" of parricide b" onl" homicide or murder )e@uired to be a legall" married person The article does not seem to re@uire that the parent be legitimate it re@uires onl" that she is under 16 and that she is living with her parents The article does not seem to appl" to a married daughter 8urprising the spouse or daughter in +(T of se!ual intercourse in indispensable This article is not applicable when the accused did not see his spouse in the act of se!ual intercourse with another person 2t is enough however that the circumstances show reasonabl" that the carnal act is being committed or has -ust been committed There is conflict of opinion on whether Fse!ual intercourseG includes preparator" acts The 'illing or inflicting of in-uries must be: CaD in the act of se!ual intercourse or C2D immediatel" thereafter The discover" the escape the pursuit and the 'illing must all form part of one Page 0 of /.

+ / 9eat% or P%ysi#al InCuries Infli#te$ An$er E=#eptional Cir#umstan#es

1.

2. 3.

That a legall" married person or a parent surprises his spouse or his daughter the latter under 16 "ears of age and living with him in the act of committing se!ual intercourse with another person That he or she 'ills an" or both of them or inflicts upon an" or both of them an" serious ph"sical in-ur" in the act or immediatel" thereafter That he has not promoted or facilitated the prostitution of his wife or daughter or that he or she had not consented to the infidelit" of the other spouse

K ,ote: This article does not define and penalize a penalt" 9estierro # if accused 'illed or inflicted serious ph"sical in-uries on spouse or other person =!empt from punishment # if inflicted ph"sical in-uries of an" 'ind 9estierro is intended to protect spouse from reprisals b"

1.
2.

3. 0. 3. /. 4. 6. 7.

Surprise # to come upon suddenl" and une!pectedl" Cases w%en Parri#i$e is not punis%e$ wit% RP to 9eat%' 1. Parricide committed through negligence C+rticle 3/3D 2. 5hen it is committed b" mista'e C+rticle 207D 3. 5hen it is committed under e!ceptional circumstances C+rticle 204D K ,ote: A Mustification for this article: burst of passion

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Criminal Law II Reviewer
relatives of deceased spouse

Vena V. Verga
continuous act 1*. The 'illing must be the direct b"Aproduct of the accused%s rage 11. The 'illing of the spouse b" accused must be b" reason of having surprised her in the act of se!ual intercourse with another person 12. +rticle 204 applies onl" when spouse surprises other spouse in flagrant adulter" 13. ,o criminal liabilit" if ph"sical in-uries are less serious or slight 14. +ccused cannot be held liable for in-uries sustained b" 3rd persons as a result thereof since he was ,OT committing a felon" 1. The offender must have intent to 'ill to be liable for murder committed b" means of fire or other means enumerated in par. 3 of +rticle 206 2. Iilling a person with treacher" is murder even if there is no intent to 'ill 3. )ules for application of the circumstances which @ualif" the 'illing to murder: a. :urder will e!ist with onl" one of the circumstances described in +rticle 206 b. 5hen the other circumstances are absorbed or included in one @ualif"ing circumstance the" cannot be considered as generic aggravating c. +n" of the @ualif"ing circumstances enumerated in +rticle 206 must be +BB=1=9 in the information 0. Treacher" and premeditation are inherent in murder b" poison 3. 5hen the intention of accused was merel" to se!uall" e!cite a woman and not to 'ill her the crime is homicide /. Outraging # commit an e!tremel" vicious or deepl" insulting act 4. 8coffing # -eer and implies a showing of irreverence 1. Penalt" for homicide will be one degree higher when the victim is under 12 "ears of age Page / of /.

+ 2 1ur$er

1. 2. 3. 0.

That a person was 'illed That the accused 'illed him That the 'illing was attended b" an" of the @ualif"ing circumstances mentioned in +rticle 206 The 'illing is not parricide or infanticide

)P to 9eath

+ 4 6omi#i$e

1ur$er # unlawful 'illing of an" person which is ,OT parricide or infanticide provided the following circumstances are present: 1. 5ith treacher" ta'ing advantage of superior strength with the aid of armed men or emplo"ing means to wea'en the defense or of means or persons to insure or afford impunit" 2. 2n consideration of a price reward or promise 3. <" means of inundation fire poison e!plosion shipwrec' stranding of vessel derailment or assault upon a railroad fall of an airship b" means of motor vehicles or with the use of an" other means involving great waste and ruin 0. On occasion of an" of the calamities enumerated in the preceding paragraph or of an earth@ua'e eruption of a volcano destructive c"clone great waste and ruin 3. 5ith evident premeditation /. 5ith cruelt" b" deliberatel" and inhumanl" augmenting the suffering of the victim or outraging or scoffing at his person or corpse K,ote: read discussion in +rticle 13 on +ggravating (ircumstances 1. That a person is 'illed 2. That the accused 'illed him without an" -ustif"ing circumstances

)T

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Criminal Law II Reviewer
3. 0. That the accused had the intention to 'ill which is presumed That the 'illing was not attended b" an" of the @ualif"ing circumstances of murder or b" that of parricide or infanticide 2. 3. 0. 3. /. 4. 6.

Vena V. Verga
2ntent to 'ill is conclusivel" presumed when death results =vidence of intent to 'ill is important onl" in attempted or frustrated homicide 2ntent to 'ill must be proven be"ond reasonable doubt That the death of the deceased was due to his refusal to be operated on is ,OT a defense The 'illing must not be -ustified ,o offense of frustrated homicide thru imprudence 5here the wounds that caused death were inflicted b" 2 different persons even if the" were not in conspirac" each of them is guilt" of homicide This article is permissive not mandator" (ourt ma" impose penalt" 2 degrees lower for frustrated parricide murder or homicide (ourt ma" impose penalt" 3 degrees lower for attempted parricide murder or homicide +n attempt against the life of the (hief =!ecutive etc. is punishable b" death 5hen there are two identified groups of men who assaulted each other then there is no tumultuous affra" The person 'illed in the course of the affra" need not be one of the participants in the affra" 2f the one who inflicted the fatal wound is 'now the crime is ,OT homicide in tumultuous affra" but ;O:2(29= under +rticle 207 against the one who inflicted the fatal wound The serious ph"sical in-uries if inflicted b" one of the participants should not be the cause of the death of the deceased

6omi#i$e # unlawful 'illing of an" person which is neither parricide murder nor infanticide "##i$ental 6omi#i$e # death of a person brought about b" a lawful act performed with proper care and s'ill and without homicidal intent Corpus Delicti # actual commission of the crime charged$ means that the crime was actuall" perpetrated and does not refer to the bod" of the murdered person +., Penalty 7rustrate$ Parri#i$e) 1ur$er or 6omi#i$e A Penalt" lower b" one degree than that which should be imposed under provisions of +rticle 3* "ttempte$ Parri#i$e) 1ur$er or 6omi#i$e # Penalt" lower b" one under provisions of +rticle 31 +.1 9eat% Cause$ in !umultuous "ffray 1. 2. 3. 0. 3. /. That there be several persons That the" did not compose groups organized for the common purpose of assaulting and attac'ing each other reciprocall" That there several persons @uarreled and assaulted one another in a confused and tumultuous manner That someone was 'illed in the course of the affra" That it cannot be ascertained who actuall" 'illed the deceased That the person or persons who inflicted serious ph"sical in-uries or who used violence can be identified P: # in case of death of victim though it cannot be ascertained who 'illed him if person who inflicted serious ph"sical in-uries can be identified P( in medium and ma!imum # all those who used violence upon victim

7. 1. 2. 3. 0. 1. 2. 3.

0.

!umultuous "ffray # the disturbance is caused b" more than three persons who are armed or are provided with means of violence Persons Liable for 9eat% in !umultuous "ffray' 1. PersonCsD who inflicted the serious ph"sical in-uries 2. 2f it is not 'nown who inflicted the serious ph"sical in-uries (vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Page

2 of /.

Criminal Law II Reviewer
on the deceased all the persons who used violence upon the person of the victim are liable but with lesser liabilit" +.+ P%ysi#al InCuries Cause$ in !umultuous "ffray 1. 2. 3. 0. That there is a tumultuous affra" as referred to in the preceding article That a participantCsD thereof suffer serious ph"sical in-uries or ph"sical in-uries of a less serious nature onl" That the person responsible therefore cannot be identified That all those who appear to have used violence upon the person of the offended part" are 'nown 1st paragraph # Penalt" ne!t lower in degree than that provided for the ph"sical in-uries so inflicted 2nd Paragraph # + :a"or from 3 to 13 da"s P: # an" person who shall assist another to commit suicide )T # lending assistance to the e!tent of doing the 'illing himself + :a"or medium and ma!imum # if suicide is not consummated 1. 2.

Vena V. Verga

3.
0.

?ictim must be one or some of the participants in the affra" Onl" the one who used violence in liable The 2nd paragraph seems to refer to less serious ph"sical in-uries 2t is believed that in providing the penalt" of +rresto :a"or for ph"sical in-uries of a less serious nature in a tumultuous affra" the legislature intended to =O(BH9= slight ph"sical in-uries This article does not distinguish and does not ma'e an" reference to the relation of the offender with the person committing suicide + person who attempts to commit suicide is not criminall" liable + pregnant woman who tried to commit suicide b" means of poison but instead of d"ing the fetus in her womb was e!pelled is ,OT liable for abortion +ssistance to suicide is different from merc"A 'illing Eut%anasia # practice of painlessl" putting to death a person suffering from some incurable disease =uthanasia is not lending assistance to suicide. 2n euthanasia the person 'illed does not want to die. + doctor who resorts to merc" 'illing of his patient ma" be liable for suicide There must be no intention to 'ill The purpose of offender is onl" to intimidate or frighten the offended part" 2f the firearm is ,OT discharged at a person there is no crime of discharge of firearm 9ischarge towards the house of victim is not illegal discharge of victim Firing a gun against the house of the offended part" at random not 'nowing in what part of the house the people inside Page 4 of /.

+.: 3iving "ssistan#e to Sui#i$e

"#ts Punis%able as 3iving "ssistan#e to Sui#i$e' 1. <" assisting another to commit suicide whether the suicide is consummated or not 2. <" lending his assistance to another to commit suicide to the e!tend of doing the 'illing himself

1. 2. 3.

0.

5.
/. 4.

+. 9is#%arge of 7irearms

1. 2.

That the offender discharges a firearm against or at another person That the offender has no intention to 'ill that person

P( minimum and medium # an" person who shall shoot at another firearm unless frustrated or attempted parricide murder or homicide or an" other crime

1. 2. 3. 0. 3.

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Criminal Law II Reviewer
for which a higher penalt" is prescribed b" articles of this code

Vena V. Verga
were is onl" crime of +larm (omple! crime of illegal discharge of firearm with serious or less serious ph"sical in-uries # when in illegal discharge of firearm the offended part" is hit and wounded There is no comple! crime when onl" slight ph"sical in-uries Clight felon"D are inflicted + public officer who fires his revolver in the air in order to capture some gamblers and to prevent them from escaping is ,OT guilt" of this crime The penalt" is for parricide or murder but the name of the crime is alwa"s infanticide a. Father or mother or legitimate ascendant who 'ills child of less than 3 da"s old to suffer penalt" of parricide b. Other persons who 'ills a child less than 3 da"s old to suffer the penalt" for murder (oncealing dishonor is not an element of infanticide$ it merel" mitigates the liabilit" of mother or maternal grandparents )eason for mitigating circumstance: obfuscation for fear of dishonor 9elin@uent mother who claim concealing dishonor must be of good reputation ,o crime of infanticide is committed where the child was born dead or although born alive it could not sustain an independent life when it was 'illed + fetus about / months old cannot subsist b" itself outside the maternal womb Persons Biable for 2ntentional +bortion a. Person who intentionall" caused abortion # under +rticle 23/ b. 5oman if she consented # under +rt. 236 c. 5oman if she did not consent # ,OT liable +bortion distinguished from 2nfanticide a. 2nfanticide # if fetus can sustain an independent life after its separation from the maternal womb and is 'illed Page ., of /.

/.

4. 6.

+.. Infanti#i$e

1. 2. 3.

That a child was 'illed That the deceased child was less than 3 da"s C42 hoursD of age That the accused 'illed the said child

Penalt" provided for parricide C+rt. 20/D and :urder C+rt. 206D P: medium and ma!imum # if committed b" the mother of child for purposes of concealing dishonor )T # if crime committed for same purpose b" maternal grandparents or either of them

1.

Infanti#i$e # 'illing of an" child less than three da"s of age whether the 'iller is the parent or grandparent an" other relative of the child or a stranger

2. 3. 0. 3.

/. 1.

+.0 Intentional "bortion

&ays of Committing Intentional "bortion' 1. <" using an" violence upon the person of the pregnant woman 2. <" acting but without using violence without the consent of the woman Cb" administering drugs or beverages upon such pregnant woman without her consentD 3. <" acting Cb" administering drugs or beveragesD with the consent of the pregnant woman Elements'

)T # if he shall use an" violence upon the person of the pregnant woman P: # if without using violence he shall act without the consent of the

2.

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Criminal Law II Reviewer
1. 2. 3. That there is a pregnant woman That violence is e!erted or drugs or beverages administered or that the accused otherwise acts upon such pregnant woman That as a result of the use of violence or drugs or beverages upon her or an" other act of the accused the fetus dies either in the womb or after having been e!pelled therefrom That the abortion is intended That there is a pregnant woman That violence is used upon such pregnant woman without intending an abortion That the violence is intentionall" e!erted That as a result of the violence the fetus dies either in the womb or after having been e!pelled therefrom woman P( medium and ma!imum # if woman shall have consented b.

Vena V. Verga
+bortion # otherwise

+./ Anintentional "bortion

0. 1. 2. 3. 0.

P( minimum and medium

1. 2. 3. 0. 3. /. 4.

K ,ote: A ?iolence is actual ph"sical force

+.2 "bortion Pra#ti#e$ by t%e &oman 6erself or by %er Parents

1. 2. 3.

That there is a pregnant woman who has suffered an abortion That the abortion is intended That the abortion is caused b": a. the pregnant woman herself b. an" other person with her consent c. an" of her parents with her consent for the purpose of concealing her dishonor

P( medium and ma!imum # woman who practices abortion on herself$ parents of woman or either of them to conceal dishonor P( minimum and medium # an" woman who does it to conceal dishonor Penalties provided for in +rticle 23/ in ma!imum period

1.

2. 3.

+.4 "bortion Pra#ti#e$ by a P%ysi#ian

Cases Covere$ by "rti#le +.2' 1. +bortion committed b" woman upon herself or b" an" other person with her consent 2. +bortion b" the woman upon herself to conceal her dishonor 3. +bortion b" an" of the parents of the woman with the latter%s consent to conceal her dishonor Elements for P%ysi#ian or 1i$wife 1. That there is a pregnant woman who has suffered an abortion 2. That the abortion is intended

This crime is committed onl" b" violence The violence must be intentionall" e!erted There is unintentional abortion thru imprudence There are conflicting decisions on whether the accused is liable for abortion even if he did not 'now that the woman was pregnant There is a comple! crime of homicide with unintentional abortion There is comple! crime of parricide with abortion +rticle 234 does not appl" when there is no intent to cause abortion and there is no violence 5oman is liable: a. when she shall practice an abortion upon herself b. when she shall consent that an" other person should do so Biabilit" of pregnant woman is mitigated if purpose is to conceal dishonor ,o mitigation for parents of pregnant woman even if the purpose is to conceal dishonor unli'e in infanticide

1. 2.

Penalt" for intentional abortion is imposed in ma!imum period on ph"sician or midwife )eason for :a!imum penalt": used 'nowledge for destruction of human life Page .1 of /.

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Criminal Law II Reviewer
or 1i$wife an$ 9ispensing of "bortives 3. 0. That the offender who must be a ph"sician or midwife causes or assists in causing the abortion That said ph"sician or midwife ta'es advantage of his or her scientific 'nowledge or s'ill # who ta'es advantage of scientific 'nowledge or s'ill + :a"or and a fine not e!ceeding P1 *** # pharmacist )T # if he should 'ill his adversar" Penalt" provided therefore according to their nature # in case of ph"sical in-uries + :a"or # combatants although no ph"sical in-uries have been inflicted P( minimum

Vena V. Verga
where it should onl" be used for preservation 2t is not necessar" that the pharmacist 'nows that the abortive would be used to cause an abortion 5hat is punished is the act of dispensing abortive$ it%s not necessar" that the abortive be actuall" used

3. 0.

Elements for P%arma#ists' 1. That the offender is a pharmacist 2. That there is no proper prescription from a ph"sician 3. That the offender dispenses an" abortive +0, 9uel "#ts Punis%able in 9uel' 1. <" 'illing one%s adversar" in duel 2. <" inflicting upon such adversar" ph"sical in-uries 3. <" ma'ing a combat although no ph"sical in-uries have been inflicted 9uel # formal or regular combat previousl" concerted between two parties in the presence of two or more seconds of lawful age on each side who ma'es the selection of arms and fi! all other conditions of the fight Persons Liable in 9uel' 1. The person who 'illed or inflicted ph"sical in-uries upon his adversar" or both combatants in an" other case as principles 2. The seconds as accomplices "#ts Punis%e$ un$er t%is "rti#le' 1. <" challenging another to a duel 2. <" inciting another to give or accept a challenge to a duel 3. <" scoffing at or decr"ing another publicl" for having refused to accept a challenge to fight a duel

1. 2. 3.

2f death results the penalt" is the same as that for homicide 1eneral principle: when there is intent to 'ill the inflicting of ph"sical in-uries is either attempted or frustrated homicide The code disregards the intent to 'ill in considering the penalt" for duel when onl" ph"sical in-uries are inflicted upon the adversar"

+01 C%allenging to 9uel

Persons Responsible An$er t%is "rti#le' 1. (hallenger 2. 2nstigator

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Page .+ of /.

Criminal Law II Reviewer
+0+ 1utilation 1. <" intentionall" mutilating another b" depriving him either totall" or partiall" of some essential organ for reproduction a. That there be castration Cmutilation of organs necessar" for generation such as a penis or ovariumD b. That the mutilation is caused purposel" or deliberatel" that is to deprive the offended part" of some essential organ for reproduction <" intentionall" ma'ing other mutilation that is b" lopping or clipping off an" part of the bod" of the offended part" other than the essential organ for reproduction to deprive him of that part of his bod". )T to )P # essential organ for reproduction P: medium and ma!imum # other mutilation 1. 2. 3. 0. 3. P: # under no. 1 P( medium and ma!imum # under no. 2 P( minimum and medium # under no. 3 + :a"or ma!imum to P( minimum # under no. 0 1. 2.

Vena V. Verga
:utilation of the first 'ind is castration which must be made purposel". The penalt" shall be one degree higher than that imposed b" law when the victim is under 12 "ears of age. The offender must have the intention to deprive the offended part" of a part of his bod". :utilation # lopping or clipping off of some part of the bod" :a"hem # other intentional mutilation (ommitted b" wounding beating assaulting or administering in-urious substance :a" be committed b" rec'less imprudence or b" simple imprudence or negligence. There must not be intent to 'ill <lindness C:ust be (ompleteD and Boss of an ="e a. Paragraph 1 # must be both e"es b. Paragraph 2 # one e"e onl" Boss of Power to ;ear a. Paragraph 2 # both ears b. Paragraph 3 # one ear onl" Boss of hand or incapacit" of usual wor' must be permanent Paragraph 2 refers to principal members of the bod" while Paragraph 3 covers an" other member which is not principal member of bod" 9eformit" re@uires CaD ph"sical ugliness CbD permanent and definite abnormalit" and CcD conspicuous and visible. 9eformit" b" loss of teeth refers to in-ur" which cannot be repaired b" action of nature There is illness for a certain period of time when the wound inflicted did not heal within that period :edical attendance is not important in serious ph"sical in-uries 2n Par 2 and 3 offended part" must have an avocation or wor' at the time of the in-ur" Par 0 spea's of incapacit" for an" 'ind of Page .: of /.

2.

+0: Serious P%ysi#al InCuries

Serious P%ysi#al InCuries' 1. 5hen the in-ured person becomes insane imbecile impotent or blind in conse@uence of the ph"sical in-uries inflicted. 2. 5hen the in-ured person CaD loses the use of speech or the power to hear or to smell or loses an e"e a hand a foot an arm or a leg or CbD loses the use of an" such member or CcD becomes incapacitated for the wor' in which we were theretofore habituall" engaged in conse@uence of the ph"sical in-uries inflicted. 3. 5hen the person in-ured CaD becomes deformed or CbD loses an" other member of his bod" or CcD loses the use thereof or CdD becomes ill or incapacitated for the performance of the wor' in which he was habituall" engaged for more than 7* da"s in conse@uence of the ph"sical in-uries inflicted. 0. 5hen the in-ured person becomes ill or incapacitated for labor for more than 3* da"s Cbut must not be more than 7* da"sD as a result of the ph"sical in-uries inflicted. (lasses of 8erious ph"sical in-uries: CaD conse@uences of the in-uries inflicted CbD nature and character of the wound inflicted and CcD the proper penalt" P%ysi#al InCuries 9istinguis%e$ from "ttempte$ or 7rustrate$ 6omi#i$e' a. 2n both the offender inflicts ph"sical in-uries however homicide ma" be committed even if no ph"sical in-uries are inflicted b. There is no intent to 'ill in ph"sical in-uries

3.
0.

3. /. 4.

6. 7. 1*. 11. 12. 13.

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Criminal Law II Reviewer
>r$inary P%ysi#al InCuries 9istinguis%e$ from 1utilation' 1. :utilation # must have been caused purposel" and deliberatel" 2. Ph"sical 2n-uries # this intention is not present

Vena V. Verga
labor 10. 5here the categor" of the offense of serious ph"sical in-uries depends on the period of illness or incapacit" for labor there must be evidence of the length of that period$ otherwise the offense is onl" slight ph"sical in-uries 13. Bessening of efficienc" is not incapacit" 1/. 8erious ph"sical in-uries b" e!cessive chastisement b" parents is not @ualified. Penalties established b" the ne!t preceding article 1. 2. 3. 0. Inowingl" administering is an essential element +dministering in-urious substance means introducing into the bod" the substance This article does not appl" when the ph"sical in-uries that result are less serious or slight Ta'ing advantage of wea'ness or credulit" ma" ta'e place in case of witchcraft philters magnetism etc. :atters to ,ote: a. That the offended part" is incapacitated for labor for 1* da"s or more Cbut not more than 3*D or needs medial attendance for same period of time b. That the ph"sical in-uries must not be those described in the preceding articles :edical attendance or incapacit" is re@uired 2t is onl" slight ph"sical in-ur" when there is no medical attendance or incapacit" for labor +ctual medical attendance is re@uired 5hen there is no evidence of actual in-ur" it is onl" slight ph"sical in-uries =!ample of paragraph 3 is slapping the face of offended part"

+0 "$ministering InCurious Substan#es or Beverages

1. 2. 3.

That the offender inflicted upon another an" serious ph"sical in-ur" That it was done b" 'nowingl" administering to him an" in-urious substance or beverages or b" ta'ing advantage of his wea'ness of mine or credulit" That he had no intent to 'ill

+0. Less Serious P%ysi#al InCuries

;ualifie$ Less Serious P%ysi#al InCuries 1. Paragraph 2: a. there is manifest intent to insult or offend the in-ured person b. there are circumstances adding ignomin" to the offense 2. Paragraph 3: a. the offender%s parents ascendants guardians curators or teachers b. persons of ran' or persons in authorit" provided the crime is not direct assault Fin$s of Slig%t P%ysi#al InCuries' 1. Ph"sical in-uries which incapacitated the offended part" for labor from 1 to 7 da"s or re@uired medical attendance during the same period 2. Ph"sical in-uries which did not prevent the offended part" from engaging in his habitual wor' or which did not re@uire medical attendance 3. 2llAtreatment of another b" deed without causing an" in-ur"

Fine not e!ceeding P3** in addition to + :a"or # 2nd paragraph P( in minimum and medium # paragraph 3

1.

2. 3. 0.

+00 Slig%t P%ysi#al InCuries an$ 1altreatment

+ :enor # par 1 + :enor or fine not e!ceeding P2** # par 2 + :enor minimum or fine not e!ceeding P3* A par 3

1. 2.

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Page .

of /.

Criminal Law II Reviewer
+00-" Rape +00-B Penalties Paragrap% 1' 1. Offender is a man 2. Offender had carnal 'nowledge of a woman 3. 8uch act is accomplished under an" of the ff circumstance: a. b" using force or intimidation$ or b. when the woman is deprived of reason or otherwise unconscious$ or c. b" means of fraudulent machination or grave abuse of authorit"$ or d. when the woman is under 12 "ears of age or demented Paragrap% +' 1. Offender commits an act of se!ual assault 2. That the act of se!ual assault is committed b" an" of the following means: a. b" inserting his penis into another person%s mouth or anal orifice$ or b. b" inserting an" instrument or ob-ect into the genital or anal orifice of another person 3. That the se!ual act is accomplished under the circumstances mentioned in paragraph 1 ;ualifying Cir#umstan#es' 1. 5hen b" reason or on occasion of the rape a homicide is committed 2. 5hen victim is under 16 and offender is parent ascendant stepparent guardian relative b" consanguinit" or affinit" within 3rd civil degree or commonAlaw spouse of the parent of victim 3. 5hen the victim is under the custod" of the police or militar" authorities or an" law enforcement or penal institution 4. 5hen the rape is committed in full view of the husband parent an" of the children or other relatives within the 3rd civil degree of consanguinit" 3. 5hen the victim is a religious engaged in legitimate religious vocation or calling and is personall" 'nown to be such b" the offender before or at the time of the commission of the crime /. 5hen the victim is a child below 4 "ears of age. 4. 5hen the offender 'nows that he is afflicted with ;2?E+298 or an" other se!uall" transmissible disease and (vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer )ape committed under an" of the 0 (ircumstances: a. Par. 1 # )P b. Par. 2 # P: )ape committed with use of deadl" weapon or b" 2 or more persons: a. Par. 1 # )P to death b. Par. 2 # P: to )T )ape where victim becomes insane: a. Par. 1 # )P to death b. Par. 2 # )T +ttempted )ape and ;omicide: a. Par. 1 # )P to death b. Par. 2 # )T to )P )ape with ;omicide: a. Par. 1 # death b. Par. 2 # )P )ape with +ggravating (ircumstances: a. Par. 1 # death b. Par. 2 A )T 1. 2. 3. 0. 3. /. 4. 6. 7. 1*. 11.

Vena V. Verga
Offender ma" now be a male or female. 2n rape under par. 1 there must be se!ual intercourse Penetration even partial is necessar" Onl" one of the four circumstances is necessar" Force need not be irresistible but it should be present and brings the desired results Force emplo"ed need not be of such character as could be resisted 2ntimidation includes the moral 'ind such as the fear caused b" threatening 5hen the offender has ascendanc" or influence over victim it is not necessar" that she put up a determined resistance )ape ma" be proved b" the uncorroborated testimon" of the offended 9eprivation of reason contemplated b" law need not be complete 8tages of )ape: a. (onsummated # enough that there was penetration even partialEslight b. Frustrated # none c. +ttempted # intent on the part of accused to have carnal 'nowledge of woman )esignation to consummated act is ,OT consent (haracter of offended woman immaterial in rape There is a crime of multiple rape b" 2 or more offenders )ape is punished b" death when an" of the @ualif"ing circumstances are present )ape with homicide is a special comple! crime 5hen homicide is committed ,OT b" reason or on the occasion of the rape such as while the woman was d"ing the accused had carnal intercourse with her it ma" be considered as ignomin". 2ndemnit" in )ape # P3* *** 2ndemnit" in >ualified )ape # P43 *** Page .. of /.

12. 13. 10. 13. 1/. 14.

16. 17.

Criminal Law II Reviewer
the virus or disease is transmitted to the victim. 5hen committed b" an" member of +FP or paramilitar" units thereof or the P,P or an" law enforcement agenc" or penal institution when the offender too' advantage of his position to facilitate the commission of the crime 7. 5hen b" reason or on the occasion of the rape the victim has suffered permanent ph"sical mutilation or disabilit" 1*. 5hen the offender 'new of the pregnanc" of the offended part" at the time of the commission of the crime 11. 5hen the offender 'new of the mental disabilit" emotional disorder andEor ph"sical handicap of the offended part" at the time of the commission of the crime 1. 8ubse@uent valid marriage between the offender and the offended part" shall e!tinguish the criminal action or the penalt" imposed. 2. 2n case it is the legal husband who is the offender the subse@uent forgiveness b" the wife as the offended part" shall e!tinguish the criminal action or the penalt" 6.

Vena V. Verga
2*. 2ndemnit" in )ape with ;omicide # P3* *** and P3* *** respectivel" CP1** ***D 21. 9amages in )ape a. :oral 9amages # P3* *** without need of proof b. =!emplar" 9amages # if one or more aggravating circumstances was committed

+00-C Effe#t of Par$on

1. 2. 3.

=ffect of marriage # e!tinguishes not onl" the penal action but li'ewise the penalt" that ma" be imposed :arriage e!tinguishes the penal action and the penalt" onl" as to the principal and not to the accomplices and accessories The crime shall not be e!tinguished or the penalt" shall not be abated if the marriage is void ab initio

+00-9 Presumptions +0/ Fi$napping an$ Serious Illegal 9etention

1. 2. 1. 2.

+n" ph"sical overt act manifesting resistance against the act of rape in an" degree from the offended part"$ or 5here the offended part" is so situated as to render himEher incapable of giving consent That the offender is a private individual That he 'idnaps or detains another or in an" other manner deprives the latter of his libert" d. The person 'idnapped or detained is a minor Ce!cept when the accused is an" of the parentsD female or a public officer.

)P to 9eath # an" of the 0 circumstances 9eath # purpose of e!torting ransom :a!imum penalt" # if victim is 'illed or dies or raped or sub-ect to torture or dehumanizing acts

1. 2. 3. 0. 3. /. 4. 6.

Spe#ial Comple= Crime of Fi$napping wit% 1ur$er # effectivel" eliminated the distinction drawn b" courts between those cases where the 'illing was purposel" sought b" the accused and those where the 'illing of the victim was not deliberatel" resorted to but was merel" an afterthought Illegal 9etention 9istinguis%e$ from "rbitrary 9etentionG 1. 2llegal 9etention is committed b" a private individual who unlawfull" 'idnaps detains or otherwise deprives a person of libert"$ +rbitrar" 9etention is committed b" public officer or emplo"ee who detains a person without legal (vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

2f the offender is a public officer the crime is arbitrar" detention 5hen a victim is a minor and the accused is one of the parents # + ma"or or a fine not e!ceeding P3** or both 2ntention to deprive victim of his libert" for purpose of e!torting ransom is essential in crime +ctual demand for ransom is not necessar" The accused is not liable when there is lac' of motive to resort to 'idnapping 9etention or loc'ing up of victim is essential but it is not necessar" that it is an inclosure and restraint need not be permanent 9etention must be illegal i.e. when not ordered b" competent authorit" or not permitted b" law 9eprivation of one%s libert" is essential Page .0 of /.

Criminal Law II Reviewer
ground 2llegal 9etention is a crime against personal libert" and securit"$ +rbitrar" 9etention is a crime against the fundamental law of the 8tate

Vena V. Verga
element 7. )estraint b" robbers is not illegal detention 1*. The purpose is immaterial when an" of the 0 circumstances in the first paragraph is present 11. 5here a person is ta'en from one place to another solel" for the purpose of 'illing him 12. )ansom # mone" price or consideration paid or demanded for redemption of a captured persons a pa"ment that releases from captivit" 13. (onspirac" to e!tort ransom ma'es all conspirators liable under the 2nd paragraph including those who did not ta'e an" part of the mone" 1. Participation of accomplice in furnishing place is raised to that of a real coA principal 2. Privileged mitigating circumstance in slight illegal detention: a. ?oluntaril" releases person so 'idnapped or detained within 3 da"s from commencement of detention b. 5ithout having attained purpose intended c. <efore the institution of criminal proceedings against him 1. The offender is an" person whether a public officer or a private individual 2. There is no unlawful arrest when the arrest is authorized b" a warrant issued b" the court 3. 9istinguished from +rticle 123: a. +rticle 12/ # detention is for legal grounds$ in unlawful arrest # detention is illegal b. +rticle 123 # crime is failing to deliver person$ in unlawful arrest # crime is ma'ing unauthorized arrest 0. :otive of offender is controlling 3. ,o period of detention is fi!ed 1. This covers all minors whether under or over 4 "ears of age 2. 5hat is punished is the deliberate failure of Page ./ of /.

2.

+02 Slig%t Illegal 9etention

1. 2. 3. 0.

That the offender is a private individual That he 'idnaps or detains another or in an" other manner deprives him of his libert" That the act of 'idnapping or detention is illegal That the crime is committed without the attendance of an" of the circumstances enumerated in +rticle 2/4

+04 Anlawful "rrest

1. 2. 3.

That the offender arrests or detains another person That the purpose of the offender is to deliver him to the proper authorities That the arrest or detention is not authorized b" law or there is no reasonable ground therefore

)T # offender and person who furnished place for perpetration of crime P: minimum and medium and a fine not e!ceeding P4** # voluntar" release + :a"or and a fine note e!ceeding P3**

Anlawful arrest $istinguis%e$ from ot%er illegal $etention' if the purpose of loc'ing up or detaining is to deliver to authorities the crime is unlawful arrest$ otherwise it is other illegal detention

+/, Fi$napping an$ 7ailure to

1. 2.

That the offender is entrusted with the custod" of a minor person Cbelow 21 "ears of ageD That he deliberatel" fails to restore the said minor to his

)P + :a"or or a fine not e!ceeding

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Criminal Law II Reviewer
Return a 1inor parents or guardians 9istinguis%ing "rti#le +0/ an$ "rti#le +/,' 1. 2n +rticle 2/4 # the offender is not entrusted with custod" 2. 2n +rticle 24* # the offender is entrusted with custod" of minor 1. That a minor is living in the home of his parents or guardian or person entrusted with his custod" 2. That the offender induces said minor to leave such home P3** or both # when the crime is committed b" father or mother P( and a fine not e!ceeding P4** # offender is an" person + :a"or or a fine not e!ceeding P3** or both # offender is parent P: and a fine not e!ceeding P1* *** :a!imum Period # if purpose is to assign to immoral traffic P( minimum and medium and a fine not e!ceeding P3** + :a"or ma!imum to P( minimum

Vena V. Verga
the custodian of the minor to restore the latter to his parents or guardians Iidnapping and failure to return a minor is necessaril" included in Iidnapping and 8erious 2llegal 9etention The inducement must be actual committed with criminal intent and determined b" a will to cause damage The minor should not leave his home on his own free will

3.

+/1 In$u#ing a 1inor to "ban$on 6is 6ome

1. 2.

+/+ Slavery

1. 2.

That the offender purchases sells 'idnaps or detains a human being. That the purpose of the offender is to enslave such human being

1. 2.

+/: E=ploitation of C%il$ Labor

8laver" and Iidnapping or 2llegal 9etention 9istinguished: a. 8laver" # purpose is to enslave victim b. Iidnapping or 2llegal 9etention # an" other purpose 1. That the offender retains a minor in his service 2. That it is against the will of the minor 3. That it is under the prete!t of reimbursing himself of a debt incurred b" an ascendant guardian or person entrusted with the custod" of such minor 1. 2. 3. That the offender compels a debtor to wor' for him either as household servant or farm laborer That it is against the debtor%s will That the purpose is to re@uire or enforce the pa"ment of a debt

2f the purpose of the offender is to assign the offended part" to some immoral traffic CprostitutionD the penalt" is higher. The emplo"ment or custod" of a minor with the consent of the parent or guardian although against the child%s will cannot be considered to be involuntar" servitude The service of the minor must be against his will The e!istence of indebtedness constitutes no legal -ustification for holding a person and depriving him of his freedom to live where he wills The article specificall" provides that the debtor is compelled to wor' as household servant or farm laborer and not an" other wor' This article li'e +rticle 243 punishes a form of slaver" but +rticle 240 does not distinguish whether the victim is a minor or not Hnder this article it is the debtor who is compelled to wor' for the offender while in +rticle 243 it is the minor Paragraph 2 of this article applies onl" when someone is accidentall" in-ured b" the accused Page .2 of /.

1. 2.

+/ Servi#es Ren$ere$ An$er Compulsion in Payment

1.

2.

3. +/. "ban$onmen t of Persons "#ts Punis%able' 1. Failing to render assistance to an" person whom offender finds in an uninhabited place wounded or in danger of + :a"or 1.

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Criminal Law II Reviewer
in 9anger an$ "ban$onmen t of >ne8s >wn Vi#tim d"ing when he can render such assistance without detriment to himself unless such omission shall constitute a more serious offense a. The place is uninhabited b. The accused found there a person wounded or in danger of d"ing c. The accused can render assistance without detriment to himself d. The accused fails to render assistance Failing to help or render assistance to another whom the offender has accidentall" wounded or in-ured Failing to deliver a child under 4 "ears of age whom the offender has found abandoned to the authorities or to his famil" or b" failing to ta'e him to a safe place That the offender has the custod" of a child That the child is under 4 "ears of age That he abandons such child That he has not intent to 'ill the child when the latter is abandoned 2. 3. 0.

Vena V. Verga
2t is immaterial that the offender did not 'now that the child is under 4 "ears old Paragraph 3 applies to one who found a lost child The child under 4 "ears of age must be found b" the accused in an unsafe place

2. 3. +/0 "ban$o-ning a 1inor 1. 2. 3. 0.

+ :a"or and a fine not e!ceeding P3** P( medium and ma!imum # results in death of minor P( minimum and medium # endanger life of minor + :a"or and a fine not e!ceeding P3**

1. 2.

;ualifying Cir#umstan#es' 1. 5hen death of the minor resulted from such abandonment or 2. if the life of the minor was in danger because of the abandonment +// "ban$onment of 1inor by Person Entruste$ wit% 6is Custo$yG In$ifferen#e of Parents "#ts Punis%e$' 1. <" delivering a minor to a public institution or other persons without the consent of the one who entrusted such minor to the care of the offender or in the absence of that one without the consent of the proper authorities a. The offender has charge of the rearingEeducation of a minor b. ;e delivers minor to a public institution or other persons c. The one who entrusted such child to the offender has not consented to such act$ or if the one who entrusted such child to the offender is absent the proper authorities have not consented to it 2. <" neglecting his Coffender%sD children b" not giving them the education which their station in life re@uires and financial condition permits a. That the offender is a parent

3. 0. 1. 2. 3.

0.

5hen there is intent to 'ill this article does not appl" 2ntent to 'ill cannot be presumed from the death of a child a. (rimes against Persons # intent to 'ill is presumed b. (rimes against 8ecurit" # intent to 'ill is not presumed + permanent conscious and deliberate abandonment is re@uired b" this article Parents guilt" of abandoning their children shall be deprived of parental authorit" )ear # bring to maturit" b" educating nourishing Onl" the person charged with Fthe rearing or educationG of the minor is liable +rticle 24/ 9istinguished from +rticle 244 a. +rticle 24/ # the custod" of the offender is general$ +rticle 244 # the custod" of the offender is specific Ccustod" for the rearing or education of minorD b. +rticle 24/ # minor is under 4$ +rticle 244 # minor is under 21 Q16& c. +rticle 24/ # minor is abandoned in such a wa" as to deprive him of the care and protection that his tender "ears need$ +rticle 244 # minor is delivered to a public institution or other person Failure to give education must be due to Page .4 of /.

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Criminal Law II Reviewer
That he neglects his children b" not giving them education c. That his station in life re@uires such education and his financial condition permits it "#ts Punis%e$' 1. <" causing an" bo" or girl under 1/ to perform an" dangerous feat of balancing ph"sical strength or contortion the offender being an" person 2. <" emplo"ing children under 1/ who are not the children or descendants of the offender in e!hibitions of acrobat g"mnast rope wal'er diver or wildAanimal tamer the offender being an acrobat etc. or circus manager or person engaged in a similar calling 3. <" emplo"ing an" descendant under 12 in dangerous e!hibitions enumerated in the ne!t preceding paragraph the offender being engaged in an" of the said callings 0. <" delivering a child under 1/ gratuitousl" to an" person following an" of the calling enumerated in paragraph 2 or to an" habitual vagrant or beggar the offender being an ascendant guardian teacher or person entrusted in an" capacit" with the care of such child 3. <" inducing an" child under 1/ to abandon the home of its ascendants guardians curators or teachers to follow an" person engaged in an" of the callings mentioned in paragraph 2 or to accompan" an" habitual vagrant or beggar the offender being an" person The imposition of the penalties prescribed in the preceding articles shall not prevent the imposition upon the same person of the penalt" provided for an" other felonies defined and punished b" this (ode. 1. That the offender is a private person 2. That he enters the dwelling of another 3. That such entrance is against the latter%s will =!ceptions: 1. 2f the entrance to another%s dwelling is made for the purpose of preventing some serious harm to himself the occupants of the dwelling or a 3rd person 2. 2f the purpose is to render some service to humanit" or -ustice 3. 2f the place where entrance is made is a cafR tavern inn and other public houses while the same are still open (vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer b.

Vena V. Verga
deliberate desire to evade such obligation

+/2 E=ploitation of 1inors

P( in minimum and medium and a fine not e!ceeding P3** :a!imum period # if deliver" shall have been made in consideration of an" price compensation or promise

1.

2. 3. 0.

=!ploitation of minors distinguished from 2nducing a minor to abandon his home a. =!ploitation of minors # if the purpose is to follow an" of the mentioned callings$ 2nducing :inor # if there is no such purpose b. =!ploitation # victim must be under 1/$ 2nducing minor # minor under 21 Q16& Offender shall be deprived of parental authorit" or guardianship =!ploitation of minors must refer to act endangering the life or safet" of the minor >ualif"ing (ircumstance # if deliver" is made in consideration of an" price compensation or promise

+/4 "$$itional Penalties +2, ;ualifie$ !respass to 9welling

+ :a"or and fine note e!ceeding P1 *** P( medium and ma!imum and fine not e!ceeding P1 *** # committed b" means of violence

3. /.

4. 6. 7.

2f the offender is a public officer the crime would be violation of domicile Bac' of permission does not amount to prohibition there must be opposition on the part of the owner of the house to the entr" of the accused Prohibition ma" be implied in certain instances Ce.g. considering time door was closed etc.D Prohibition must be in e!istence prior to or at the time of the entrance 5hat is intended to be protected and preserved is the privac" of one%s dwelling Page 0, of /.

Criminal Law II Reviewer
>ualif"ing (ircumstance # if the offense is committed b" means of violence or intimidation 9welling Place # an" building or structure e!clusivel" devoted for rest and comfort +21 >t%er 7orms of !respass 1. 2. 3. 0. That the offender enters the closed premises or the fenced estate of another That the entrance is made while either of them is uninhabited That the prohibition to enter be manifest That the trespasser has not secured the permission of the owner or the careta'er thereof + :enor or a fine not e!ceeding P2** or both

Vena V. Verga
1*. ?iolence does not refer to persons onl" 11. ?iolence or intimidation ma" ta'e place immediatel" after the entrance 12. Trespass ma" be committed b" owner of dwelling 13. 2f there is no overt act to commit another crime the crime is onl" trespass to dwelling 1. Premises # distinct and definite localit" 2. +rt 261 9istinguished from Trespass to 9welling: a. Trespass # offender is private person$ Other Trespass # an" person b. Trespass # offender enters a dwelling house$ Other Trespass # enters closed premises or fenced in estate c. Trespass # inhabited$ Other Trespass # uninhabited d. Trespass # against the will of the owner$ Other Trespass # without securing permission of owner or careta'er e. Trespass # prohibition is e!pressEimplied$ Other Trespass # prohibition to enter is manifest 1. Penalt" will depend on whether or not offender attained his purpose$ if the threat is not sub-ect to a condition the penalt" is fi!ed 2. >ualif"ing (ircumstances: a. Threat made in writing b. Threat made thru a middleman 3. Third form of grave threats must be serious and deliberate 0. 2f the threat is made in a heat of anger it is not punished under this article 3. 2f the condition is not proved it is grave threats under subAparagraph 2 /. =ssence of the crime of threats is intimidation 4. The act threatened to be committed must be wrong 6. 1rave threats ma" be committed even if the complainant is absent when challenge is made Page 01 of /.

+2+ 3rave !%reats

"#ts Punis%e$' 1. <" threatening another with the infliction upon his person honor or propert" or that of his famil" of an" wrong amounting to a crime and demanding mone" or imposing an" other condition even thought not unlawful and the offender attained his purpose a. That the offender threatens another person with the infliction upon the latter%s person honor or propert" or upon that of the latter%s famil" of an" wrong b. That such wrong amounts to a crime c. That there is a demand for mone" or that an" other condition is imposed even though not unlawful d. That the offender attains his purpose 2. <" ma'ing such threat without the offender attaining his purpose 3. <" threatening another with the infliction upon his person honor or propert" or that of his famil" of an" wrong amounting to a crime the threat not being sub-ect to a condition a. That the offender threatens another person with

Penalt" ne!t lower in degree than that prescribed b" law for the crime he threatened to commit Penalt" lower b" 2 degrees # if offender did not attain his purpose :a!imum Period # if threat in writing or thru a middleman + :a"or and a fine not

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Criminal Law II Reviewer
the infliction upon the latter%s person honor or propert" or upon the latter%s famil" of an" wrong That such wrong amounts to a crime That the threat is not sub-ect to a condition e!ceeding P3** # if no condition 7.

Vena V. Verga
(rime of grave threats is consummated as soon as the threats come to the 'nowledge of the person threatened 1*. Threats made in connection with the commission of other crimes are absorbed b" the latter. 11. The offender in grave threats does not demand the deliver" on the spot of the mone" or other personal propert" as'ed of him Ccrime of robber"D 1. Bight threats are committed in the same manner as grave threats e!cept that the act threatened to be committed should not be a crime 2. <lac'mailing ma" be punishable under this article Compare$ wit% "rti#le :. 1. +rt. 33 is a distinct penalt" which provides for bond to 'eep the peace$ this article provides for bond for good behavior 2. +rticle 33 not made applicable to an" particular case$ this article applicable onl" to cases of grave and light threats 3. Failure to give in +rticle 33 # detained$ this article # destierro 1. +rticle 263 compared with +rticle 262 and 263 a. +rticle 263 Par. 2 is similar to 3rd form of grave threats because the harm threatened to be committed is a crime b. +rticle 263 Par. 3 is similar to light threats because harm threatened to be committed is not a crime c. +rticle 263 # there is no demand for mone" or condition or threat is not deliberate 2. Threats which ordinaril" would be grave threats if made in heat of anger ma" fall under this article 3. Bight threats ma" be committed where the person to whom it is directed is absent Page 0+ of /.

b. c.

+2: Lig%t !%reats

1. 2. 3. 0.

That the offender ma'es a threat to commit a crime That the wrong does not constitute a crime That there is a demand for mone" or that other condition is imposed even though not lawful That the offender has attained or not attained his purpose

+ :a"or

+2 Bon$ for 3oo$ Be%avior

ReBuire$ to 3ive Bail not to 1olest "not%er' 1. 5hen he threatens another under the circumstances mention in +rticle 262 2. 5hen he threatens another under the circumstances mention in +rticle 263

9estierro

+2. >t%er Lig%t !%reats

1.

2. 3.

<" threatening another with a weapon or b" drawing such weapon in a @uarrel unless it be in lawful selfAdefense a. Threatening to draw a weapon even if there is no @uarrel b. 9rawing a weapon in a @uarrel which is not in lawful selfAdefense <" orall" threatening another in the heat of anger with some harm constituting a crime without persisting in the idea involved in his threat <" orall" threatening to do another an" harm not constituting a felon"

+ :enor minimum or a fine not e!ceeding P2**

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Criminal Law II Reviewer
+20 3rave Coer#ions &ays to Commit' 1. <" preventing another b" means of violence threats or intimidation from doing something not prohibited b" law 2. <" compelling another b" means of violence threats or intimidation to do something against his will whether it be right or wrong Elements' 1. That a person prevented another from doing something not prohibited b" law or that he compelled him to do something against his will be it right or wrong 2. That the prevention or compulsion be effected b" violence threats or intimidation 3. That the person that restrained the will and libert" of another had not the authorit" of law or the right to do so or in other words that the restraint shall not be made under authorit" of law or in the e!ercise of lawful right Coer#ion 9istinguis%e$ from Illegal 9etention' illegal detention re@uires actual confinement or restraint of the person P( and a fine not e!ceeding P/ *** Penalt" ne!t higher in degree # violation of right of suffrage$ or committed to compel another to perform an" religious act$ or committed to prevent another from performing an" religious act 1.

Vena V. Verga
5hat is prevented must not be prohibited b" law 2. The act of preventing b" force must be made at the time the offended part" was doing or about to do the act to be prevented 3. 2f the act was alread" done when violence is e!erted the crime is un-ust ve!ation. 0. (ompelling another to do something includes the offender%s act of doing it himself while sub-ecting another to his will 3. 5hen the complainant is in actual possession of a thing even if he has not right to that possession compelling him b" means of violence to give up possession even b" owner is grave coercion /. ,ot intimidation b" displa" of force if arms are not used 4. The force or violence must be immediate actual or imminent 6. There is no grave coercion when the accused acts in good faith in performance of dut" 7. Purpose of Baw # enforce the principle that no person ma" ta'e the law into his own hands 1*. (oercion is consummated even if the offended part" did not accede to the purpose of the coercion 1. +ctual ph"sical violence need not be emplo"ed 2. Hn-ust ve!ation # includes an" human conduct which although not productive or some ph"sical or material harm would however un-ustl" anno" or ve! an innocent person 3. There is no violence or intimidation in un-ust ve!ation 0. 9ifference between grave and light coercion: use of violence 3. 5hen the act of the accused has no connection with previous acts of violence it is onl" un-ust ve!ation 1. Baborers or emplo"ees have the right to receive -ust wages in legal tender Page 0: of /.

+2/ Lig%t Coer#ions

1. 2. 3. 0.

That the offender must be a creditor That he seizes an"thing belonging to his debtor That the seizure of the thing be accomplished b" means of violence or a displa" of material force producing intimidation That the purpose of the offender is to appl" the same to the pa"ment of the debt

+ :a"or in minimum and fine e@uivalent to value of thing but in no case less than P43 + :enor or a fine P3AP2** or both # an" other coercion or un-ust ve!ation

+22 >t%er Similar

1.

<" forcing or compelling directl" or indirectl" or 'nowingl" permitting the forcing or compelling of the

+ :a"or or a fine ranging from

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Criminal Law II Reviewer
Coer#ions laborer or emplo"ee of the offender to purchase merchandise or commodities of an" 'ind a. That the offender is an" person agent or officer of an" association or corporation b. That he or such firm or corporation has emplo"ed laborers or emplo"ees c. That he forces or compels directl" or indirectl" or 'nowingl" permits to be forced or compelled an" of his or its laborers or emplo"ees to purchase merchandise or commodities of an" 'ind from him or from said firm or corporation <" pa"ing wage due his laborer or emplo"ee b" means of to'ens or ob-ects other than the legal tender currenc" of the Philippines unless e!pressl" re@uested b" such laborer or emplo"ee a. That the offender pa"s the wages due a laborer or emplo"ee emplo"ed b" him b" means of to'ens or ob-ects b. That those to'ens or ob-ects are other than the legal tender currenc" of the Philippines c. That such emplo"ee or laborer does not e!pressl" re@uest that he be paid b" means of to'ens or ob-ects That the offender emplo"s violence or threats in such a degree as to compel or force the laborers or emplo"ers in the free and legal e!ercise of their industr" or wor' That the purpose is to organize maintain or prevent coalitions of capital or labor stri'e of laborers or loc'out of emplo"ers P2** A P3** or both 2.

Vena V. Verga
2nducing an emplo"ee to give up an" part of his wages b" force stealth intimidation threat or b" an" other means is unlawful under the Babor (ode not under the )P(

2.

+24 7ormation) 1aintnan#e) an$ Pro%ibition of Combina-tion of Capital or Labor +4,

1. 2.

+ :a"or and a fine not e!ceeding P3**

1. 2. 3. 0.

9is#overy of Se#rets !%ru SeiDure of Correspon$en# e

1. 2. 3. 0.

That the offender is a private individual or even a public officer not in the e!ercise of his official functions That he seizes the papers or letters of another That the purpose is to discover the secrets of such another person That offender is informed of the contents of the papers or letters seized

P( in minimum and medium and a fine note e!ceeding P3** if offender reveals secrets + :a"or and a fine not e!ceeding P3** if offender shall

1. 2. 3. 0. 3.

E=#eption: +rticle 27* not applicable to parents guardians or persons entrusted with the custod" of minors with respect to papers or letters of the children or minors placed under (vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

The act should not be a more serious offense otherwise it shall be punished under another article Peaceful pic'eting is part of freedom of speech and is not prohibited =mplo"ing violence or ma'ing threats b" pic'eters ma" ma'e them liable for coercion Preventing emplo"ee from -oining an" registered labor organization is punished under the B( and not under the )P( 8eize # to place in the control of someone a thing or to give him the possession thereof There must be a ta'ing possession of papers or letters of another even for a short time onl" The purpose of the offender must be to discover the secrets of another The offender must be informed of contents of papers or letters This article does not re@uire that the offended part" be pre-udiced Page 0 of /.

Criminal Law II Reviewer
their care or custod" or to spouses with respect to the papers or letters of either of them not reveal such secrets /. 4.

Vena V. Verga
>ualif"ing (ircumstance: revealing the secret 9istinguished from Public Officer )evealing 8ecrets of Private 2ndividual C+rticle 23*D: a. +rticle 23* # public officer comes to 'now secrets b" reason of his office b. +rticle 27* # private individual who seizes papers of another to discover secrets of latter 8ecrets must be learned b" reason of their emplo"ment The secrets must be revealed b" the offender 2f the offender does not reveal the secrets the crime is not committed 9amage is not necessar" under this article 8ecrets must relate to manufacturing processes The act constituting the crime is revealing the secret of the industr" or emplo"er )evelation ma" be made after emplo"ee has ceased to be connected with the establishment Pre-udice is an essential element of the offense The propert" ta'en must be personal propert" and not real propert". Prohibitive articles ma" be sub-ect matter of robber" The propert" must belong to another Ownership is not necessar"$ the possession of propert" is sufficient ,aming of the owner is a matter of essential description of the crime of robber" with homicide and not in )?+2P or )FHT The personal propert" is ta'en against will of owner Ta'ing must be unlawful Hnlawful Ta'ing is complete: a. )?+2P # from moment offender gains possession of the thing b. )FHT # thing must be ta'en out of building Page 0. of /.

+41 Revealing Se#rets wit% "buse of >ffi#e +4+ Revelation of In$ustrial Se#rets

1. 2. 3.

That offender is a manager emplo"ee or servant That he learns of the secrets of his principal or master in such capacit" That he reveals such secrets

+ :a"or and fine not e!ceeding P3**

1. 2. 3.

1. 2. 3. 0.

That offender is a person in charge emplo"ee or wor'man of a manufacturing or industrial establishment That the manufacturing or industrial establishment has a secret of the industr" which the offender has learned The offender reveals such secrets That pre-udice is caused to the owner

P( minimum and medium and a fine not e!ceeding P3**

0. 1. 2. 3. 0.

+4: &%o are 3uilty of Robbery

Classifi#ation: 1. )obber" with violence against or intimidation of persons C)?+2PD 2. )obber" with the use of force upon things C)FHTD a. )obber" in 2nhabited ;ouse or Public <uilding or =difice devoted to Public 5orship b. )obber" in Hninhabited ;ouse or in a Private <uilding Elements of Robbery in 3eneral' 1. That there be personal propert" belonging to another 2. That there is unlawful ta'ing of that propert" 3. That the ta'ing must be with intent to gain 0. That there is violence against or intimidation of an" person or force upon an"thing !%ose 3uilty of Robbery # +n" person who with intent to gain shall ta'e an" personal propert" belonging to another b" means of violence against or intimidation of an" person or

1. 2. 3. 0. 3. /. 4. 6.

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Criminal Law II Reviewer
using force upon an"thing shall be guilt" of robber" 9istin#tions Between Effe#ts of Employment of V"I"P an$ t%ose of use 7A!' 1. 5henever violence against or intimidation of an" person is used the ta'ing is alwa"s robber"$ 2f there is no violence or intimidation but onl" FHT ta'ing is robber" if force is used to either enter building or to brea' doors etc. 2. 2n )?+2P value of personal propert" is immaterial$ penalt" depends on: a. result of violence used b. e!istence of intimidation onl" 2n )FHT the penalt" is based on: a. ?alue of propert" ta'en b. On whether or not the offenders carr" arms 2n )FHT in an uninhabited building the penalt" is based on the value of the propert" ta'en 7.

Vena V. Verga
Ta'ing means depriving offended part" of ownership of thing ta'en with character of permanenc" 1*. 2ntent to gain is presumed from unlawful ta'ing of personal propert" 11. F2ntent to gainG and Fpersonal propert" belonging to anotherG must concur 12. ?iolence must be against person of offended part" and not upon thing ta'en 13. 2ntimidation need not be threat of bodil" harm 14. 3eneral Rule: ?iolence or intimidation must be present before ta'ing personal propert" is complete E=#eption: 5hen violence results in C1D homicide C2D rape C3D intentional mutilation or C0D an" of the serious ph"sical in-uries penalized in par. 1 and 2 of +rt. 2/3 ta'ing of personal propert" is comple!ed with an" of those crimes under +rt. 270 even if ta'ing was alread" complete when violence was used b" the offender 13. Ta'ing of propert" need not be immediatel" after the intimidation 1/. ).+. /337 is the law applicable when propert" ta'en in robber" is a motor vehicle Robbery wit% 6omi#i$e 1. (rime defined in this article is a special comple! crime 2. FOn the occasionG or Fb" reasonG means that it must be committed in the course of or because of the robber" 3. )obber" and homicide are separate offenses when the homicide was not committed Fon occasionG or Fb" reasonG of robber" 0. ;omicide # should be understood in general sense 3. Muridical concept of robber" with homicide does not limit ta'ing of life to 1 single victim or to ordinar" homicide # all homicides or murders are merged in the composite integrated whole that is robber" with homicide so long as all the 'illings were Page 00 of /.

3.

+4 Robbery wit% Violen#e "gainst or Intimi$ation of Persons

"#ts Punis%e$' 1. 5hen b" reason or on occasion of robber" crime of homicide is committed 2. 5hen robber" is accompanied b" rape or intentional mutilation or arson 3. 5hen b" reason or on occasion of such robber" an" of the ph"sical in-uring resulting in insanit" imbecilit" impotenc" or blindness is inflicted 0. 5hen b" reason or on occasion of such robber an" of the ph"sical in-uries resulting in loss of use of speech or the power to hear or to smell or the loss of an e"e a hand a foot an arm or a leg or the loss of the use of an" such member or incapacit" for the wor' in which the in-ured person is theretofore habituall" engaged is inflicted 3. 2f the violence or intimidation emplo"ed in the commission of the robber" is carried to a degree clearl" unnecessar" for the commission of the crime

)P to death # paragraph 1 Cno. 1 and 2D )T medium to )P # paragraph 2 Cno. 3D )T # paragraph 3 Cno. 0D P: ma!imum to )T medium # paragraph 0 Cno. 3 and /D P( ma!imum to

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Criminal Law II Reviewer
/. 5hen in the course of its e!ecution the offender shall have inflicted upon an" person not responsible for the commission of the robber" an" of the ph"sical in-uries in conse@uence of which the person in-ured becomes deformed or loses an" other member of his bod" or loses the use thereof or becomes ill or incapacitated for the performance of the wor' in which he is habituall" engaged for more than 7* da"s or the person in-ured becomes ill or incapacitated fro labor for more than 3* da"s 2f the violence emplo"ed b" the offender does not cause an" of the serious ph"sical in-uries defined in +rt. 2/3 or if the offender emplo"s intimidation onl" P: medium # paragraph 3 Cno. 4D

Vena V. Verga
perpetrated b" reason or on the occasion of the robber" /. There is no such crime as robber" with murder 4. )obber" with homicide in dwelling does not re@uire that )FHT is first committed 6. +n intent to ta'e personal propert" belonging to another with intent to gain must precede 'illing 7. ;omicide ma" precede robber" or ma" occur after robber" 1*. The 'illing of an" person b" reason of or on occasion of robber" is punished b" highest penalt" regardless of the person 'illed and even if death supervened due to an accident. 11. 5here homicide is not proved the crime is onl" robber" and vice versa 12. +n accessor" to robber" with homicide must have 'nowledge of the commission of both crimes to be liable not -ust robber" Robbery wit% Rape 1. =ven if the rape is committed at another place it is still robber" with rape 2. There is no such crime as robber" with attempted rape because robber" cannot be a necessar" means to commit attempted rape or vice versa 3. 5hen ta'ing of personal propert" is an independent act following defendant%s failure to consummate the rape there are 2 crimes: theft and attempted rape 0. +dditional rapes committed on same occasion of robber" will not increase penalt" 3. 2f rape and homicide with robber" coAe!ist the rape will be considered as an aggravating circumstance Robbery An$er Paragrap% .' 1. ?iolenceEintimidation need not be present at an" time before or at e!act moment when ob-ect ta'en 2. )eason: +sportation is a comple! fact a Page 0/ of /.

4.

ReBuisites of Robbery un$er Se#on$ Case of Paragrap% ' 1. That an" of the ph"sical in-uries defined in paragraphs 3 and 0 of +rt. 2/3 was inflicted in the course of the robber" 2. That an" of them was inflicted upon an" person not responsible for the commission of the robber" RV"IP un$er Paragrap% . of "rt. +4 'nown as simple robber" because the violence against an" person does not result in homicide rape intentional mutilation or an" serious ph"sical in-uries that give rise to a special comple! crime !%reats to E=tort 1oney 9istinguis%e$ from Robbery !%ru Intimi$ation' 1. <oth there is intimidation b" offender 2. <oth purpose is identical: to obtain gain 3. 2n robber" intimidation is actual and immediate$ 2n threats intimidation is conditional or future 0. 2n robber" intimidation is personal$ 2n threats it ma" be done thru an intermediar" 3. 2n robber" intimidation is directed onl" to person of victim$ 2n threats intimidation ma" refer to person honor or propert" of offended part" or that of his famil" /. 2n robber" gain of culprit is immediate$ in threats gain is not immediate Robbery wit% Violen#e 9istinguis%e$ from 3rave Coer#ion' 1. <oth there is violence used b" offender 2. 2n robber there is intent to gain$ in grave coercion there (vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

-

Criminal Law II Reviewer
is not such element Robbery an$ Bribery 9istinguis%e$' 1. )obber" if victim did not commit a crime and is intimidated with arrest andEor prosecution to deprive him of his personal propert"$ <riber" when victim has committed a crime and give mone" or gift to avoid arrest or prosecution 2. 2n robber" victim is deprived of mone"Epropert" b" force or intimidation$ in briber" he parts with mone"Epropert" in a sense voluntaril" ;ualifying Cir#umstan#es in RV"IP' 1. in an uninhabited place or 2. b" a band or 3. b" attac'ing a moving train street car motor vehicle or airship or 0. b" entering passengers% compartments in a train or in an" manner ta'ing the passengers thereof b" surprise in the respective conve"ances 3. on a street road highwa" or alle" and the intimidation is made with the use of firearms >utline' 1. 5hen at least 0 armed malefactors ta'e part in commission of a robber" it is deemed to be committed b" a band 2. 5hen an" of the arms used in the commission of robber is not licensed the penalt" upon +BB the malefactors shall be the ma!imum period of corresponding penalt" provided b" law without pre-udice to criminal liabilit" for illegal possession of such unlicensed firearms 3. +n" member of a band who was present at the commission of a robber" b" the band shall be punished as principal of an" of the assaults committed b" the band unless it be shown that he attempted to prevent the same ReBuisites for Liability for "#ts of t%e >t%er 1embers of t%e Ban$' 1. That he was a member of the band 2. That he was present at commission of a robber" b" that band 3. That the other members of the band committed an assault 0. That he did not attempt to prevent the assault (vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer 3.

Vena V. Verga
whole divisible into parts a series of acts in course of which personal violenceEintimidation ma" be in-ected 2n robber" with intimidation there must be acts done b" the accused which either b" their own nature or b" reason of the circumstances under which the" are e!ecuted inspire fear in person against whom the" are directed +n" of the @ualif"ing circumstances must be alleged <eing @ualif"ing it cannot be offset b" a generic mitigating circumstance The intimidation with use of firearm @ualifies onl" robber" on a street road etc. +rticle 273 does not appl" to robber" with homicide or rape or serious ph"sical in-uries under par. 1 or +rt. 2/3 To avoid liabilit" there must be proof that he made an endeavor to prevent the assault committed b" another member of the band in order that he ma" not be held liable for such assault (lubs are considered as arms 5hen the robber" was not committed b" a band the robber who did not ta'e part in the assault b" another is not liable for that assault 5hen robber" was not b" a band and homicide was not determined b" the accused when the" plotted the crime the one who did not participate in the 'illing is liable for robber" onl" 5hen there is conspirac" to commit homicide and robber" all the conspirators even if less than 0 armed men are liable for special comple! crime of robber" with homicide :ember must be present at the commission of the robber" to be held liable Page 02 of /.

+4. Robbery wit% P%ysi#al InCuries) #ommitte$ Anin%abite$ Pla#e an$ by a ban$) or use of 7irearm +40 9efinition of a Ban$ an$ Penalty In#urre$

:a!imum period of proper penalties

1. 2. 3. 0.

:a!imum period of corresponding penalt" provided b" law without pre-udice to criminal liabilit" for illegal possession of such unlicensed firearms

1.

2. 3.

0.

3.

/.

Criminal Law II Reviewer
4. 6.

Vena V. Verga
Proof of conspirac" not necessar" when 0 or more armed persons committed robber" Hse of firearm whether licensed or unlicensed in ma'ing the intimidation is a @ualif"ing circumstance in an" of the paragraphs 3 0 and 3 of +rt. 270 is committed on a street etc. F;omicideG is used in its generic sense Penalt" is the same whether attempted or frustrated ,ot attempted or frustrated if there is not overt act of robber" )obber" with ;omicide and attempted or frustrated robber" with ;omicide are special comple! crimes +rticle 06 is applicable when offense committed is attempted or frustrated robber" with serious ph"sical in-uries

+4/ "ttempte$ an$ 7rustrate$ Robbery Committe$ An$er Certain Cir#umstan#e s

)T ma!imum to )P unless homicide committed shall deserve a higher penalt" under the )P(

1. 2. 3. 0. 3.

::/ ;ualifie$ Se$u#tion

1. 2. 3. 0.

Offended part" is a virgin which is presumed if she is unmarried and of good reputation that she must be over 12 and under 16 "ears of age that the offender has se!ual intercourse with her That there is abuse of authorit" confidence or relationship on the part of the offender

1.

2.

::2 Simple Se$u#tion

1. 2. 3. 0.

That age That That That

the offended part" is over 12 and under 16 "ears of she must be of good reputation single or widow the offender has se!ual intercourse with her it is committed b" means of deceit

+ :a"or

1.

2. 3. 0.

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

People vs. <albar Cdirect assault and act of lasciviousness in a classroom where offended part" conduct her classesD # the presence or absence of lewd designs is inferred from the nature of the acts themselves and the environmental circumstances. (onsidering the manner place and time under which the acts were done lewd designs can be hardl" attributed to <albar. H8 vs. 8H+, # there is no seduction when the offended part" had other illicit relationships with other men. 8=9H(T2O, lies on the chaste character or the woman. 2f the girl is under 12 the crime is rape$ if she is over 16 and there is no force or intimidation or she is not unconscious or otherwise deprived of reason there is no crime even if deceit was used ?irginit" of the offended part" is not re@uired There must be se!ual intercourse otherwise the crime is acts of lasciviousness + man is liable though willing to marr" girl seduced b" him Page 04 of /.

Criminal Law II Reviewer
3. /. 4. 6. 1. 2.

Vena V. Verga
Promise of marriage b" a married man or after se!ual intercourse is not seduction There is no continuing offense of seduction Purpose: to punish the seducer :ale cannot be offended part" in this crime 2t is necessar" that crime is committed under circumstances which would ma'e it @ualified or simple seduction had there been se!ual intercourse instead of acts of lewdness onl" 9istinguished from +cts of Basciviousness C33/D a. <oth treat of acts of lasciviousness b. +rt. 33/ # acts are committed under circumstances which had there been carnal 'nowledge would amount to rape c. +rt. 337 # acts of lasciviousness are committed under the circumstances which had there been carnal 'nowledge would amount to either @ualified seduction or simple seduction ;abitualit" or abuse of authorit" or confidence is not necessar" One who casts for his own lust is not liable here 8ingle act without abuse of authorit" or confidence is now a crime ,ot necessar" that unchaste acts have been done ?ictim must be of good reputation not a prostitute or corrupted person + mere proposal will consummate offense One of the mentioned acts is sufficient to constitute the offense ;abitualit" is not a necessar" element Person engaged in the business of prostitution need not be owner of the house :aintainer or manager of house of illArepute need not be present therein at time of raid or arrest to be liable 5oman abducted ma" be married ?irginit" is not an essential element of this Page /, of /.

::4 "#ts of Las#iviousnes s wit% Consent of >ffen$e$ Party

1. 2.

3.

That the offender commits acts of lasciviousness or lewdness That the acts are committed upon a woman who is a virgin or single or widow of good reputation under 16 "ears of age but over 12 "ears or a sister or descendant regardless of her reputation or age That the offender accomplishes the acts b" abuse of authorit" confidence relationship or deceit

+ :a"or

3.

: , Corruption of 1inors

1. 2. 3.

Offender is person under age Person promotes or facilitates prostitution or corruption of person under age Purpose is to satisf" lust of another

P: # to satisf" lust of another 2n addition T+9 # public officer or emplo"ee

1. 2. 3. 0. 3.

: 1 &%ite Slave !ra$e

"#ts PenaliDe$' 1. =ngaging in business of prostitution 2. Profiting b" prostitution 3. =nlisting services of women for the purpose of prostitution

P( medium and ma!imum

/. 1. 2. 3. 0.

: + 7or#ible

1.

That the person abducted is an" woman regardless of her age civil status or reputation

)T

1. 2.

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Criminal Law II Reviewer
"b$u#tion 2. 3. That the abduction is against her will That the abduction is with lewd designs

Vena V. Verga
crime (rimes against (hastit" where age and reputation are immaterial: rape acts of lasciviousness agains the will or without the consent of offended part" @ualified seduction of sister or descendant and forcible abduction 5hen female is under 12 it is not necessar" that she be ta'en against her will 8e!ual intercourse is not necessar" Bewd designs ma" be shown b" the conduct of the accused when there are several defendants it is enough that one has lewd designs ;usband is not liable for abduction of wife ,ature of (rime: violative of individual libert" of abducted her honor and reputation and public order 9istinguished from 1rave (oercion: a. 2n both # there is violence or intimidation b" offender b. 1rave (oercion # no element of lewd design 9istinguished from 2f offender is under 12 it is forcible abduction. The ta'ing awa" of the girl need not be with some character of permanenc" +bductor need not actuall" and personall" have ta'en the abducted female from her parents% home or induced her to abandon it$ it is sufficient that he was instrumental in her escape 5hen there was no solicitation of ca-oler" and no deceit and the girl voluntaril" went with man there is no crime committed even if the" had se!ual intercourse +ctual se!ual intercourse is not necessar" since the important element is merel" lewd designs The court motu proprio can dismiss the case for failure of the aggrieved part" to file the proper complaint Page /1 of /.

3.

0. 3. /. 4. 6. 7. 1*.

: : Consente$ "b$u#tion

1. 2. 3. 0.

That the offender must be a virgin That she must be over 12 and under 16 "ears of age That the ta'ing awa" of the offended prat" must withoher consent after solicitation or ca-oler" from the offender That the ta'ing awa" of the offended part" must be with lewd designs

P( minimum and medium

11. 1. 2. 3.

Purpose of Baw: prescribe punishment for the disgrace to her famil" and the alarm caused therein ?irginit" is not to be understood in a material a sense as to e!clude the idea of abduction of a virtuous woman of good reputation

0.

3.

: Prose#ution of Crimes of

1. 2.

+dulter" and concubinage must be prosecuted upon complaint signed b" the offended part" 8eduction abduction or acts of lasciviousness must be

2.

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Criminal Law II Reviewer
"$ultery) Con#ubinage) "b$u#tion) Rape) an$ "#ts of Las#iviousnes s prosecuted upon complaint signed b": a. Offended part" b. ;er parents c. 1randparents or d. 1uardians in the order in which the" are named above Hnderl"ing Principle wh" (rimes against (hastit" (annot be Prosecuted de oficio: out of consideration for the offended woman and her famil" who might prefer to suffer the outrage in silence rather than go thru with the scandal of a public trial 1uardian # legal not natural guardian that is guardian legall" appointed in accordance with the provision of the law Par$on in Crimes of C%astity' onl" offended part" ma" pardon Pardon of offended part" who is a minor must have concurrence of parents Ce!cept: when she has no parentsD (ondonation is not pardon in concubinage or adulter"$ an" act of infidelit" subse@uent to condonation constitutes a new offense 1. +dulter" or (oncubinage # bars prosecution of crime effective if made: a. <efore the institution of the criminal action and b. <oth offenders must be pardoned b" both parties +cts of Basciviousness 8eduction and +bduction # bars prosecution of crime a. must be =OP)=88 b. <efore the institution of criminal action

Vena V. Verga 3. 4.
)ape ma" be prosecuted de oficio

2.

2mputation of crime of prostitution against a woman can be prosecuted de oficio. 3. +dulter" or (oncubinage a. Onl" offended spouse can file the complaint b. <oth parties if both alive must be included in complaint c. <oth parties must be included even if one of them is not guilt" /. 8eduction +bduction or +cts of Basciviousness a. The right to file action granted to parents grandparents or guardian shall be e!clusive of all other persons and shall be e!ercise successivel" b. 2t is e!clusive because if the parent for e!ample refuse to file the grandparents cannot file the complaint c. 5hen offended part" is a minor her parents ma" file complaint d. 5hen offended part" is of age and she is complete possession of her mental and ph"sical faculties she alone can file the complaint e. The father if living is not necessaril" preferred to the mother in filing the complaint 4. (omplaint must be filed in court not with the fiscal 6. )ape comple!ed with another crime Ca public crimeD need not be signed b" offended woman 7. +ctual :arriage with offended part" a. =!tinguishes criminal action or remits the penalt" alread" imposed b. <enefits the coAprincipals accomplices and accessories 1*. :arriage between parties guilt" of adulter" or concubinage does not e!tinguish the criminal action

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Page /+ of /.

Criminal Law II Reviewer
: . Civil Liability of Persons 3uilty of Crimes "gainst C%astity 8eduction or +bduction: 1. To indemnif" the offended woman 2. To ac'nowledge offspring unless the law should prevent him form doing so 3. 2n ever" case to support the offspring +dulter" or (oncubinage 2ndemnif" damages caused to offended spouse 1.

Vena V. Verga
Hnder the )P( there is no civil liabilit" for acts of lasciviousness 2. )easons for 2ndemnit" in +dulter" or (oncubinage: ac'nowledgment of offspring is not legall" possible support is not included because the person who give birth if at all is one of the offenders and not the offended part" 3. :oral damages are recoverable b" both offended part" and her parents 0. Hnder the Famil" (ode since children are classified as legitimate or illegitimate the man Cadulter" or concubinageD should now be sentenced to support offspring in addition to indemnit" (rimes =mbraces in (hapters 2 3 and 0: 1. +cts of Basciviousness 2. >ualified 8eduction 3. 8imple 8eduction 0. +cts of lasciviousness with the consent of the offended part" 3. (orruption of minors /. 5hite slave trade 4. Forcible +bduction 6. (onsented +bduction

: 0 Liability of "s#en$ants) 3uar$ians) !ea#%ers or >t%er Persons Entruste$ wit% Custo$y

Persons Liable cooperate as accomplices but are punished as principals: 1. +scendants 2. 1uardian 3. (urators 0. Teachers and 3. +n" other person who cooperates as accomplice with abuse of authorit" or confidential relationship

Penalties prescribed in (hapters 2 3 0 Teachers # T89 ma!imum to P89 Other Person # 8pecial dis@ualification from filling office of guardian

:0. Impru$en#e an$ 5eligen#e

1. Offended part" must choose the civil liabilit"

(vvverga Se#on$ Semester) "* +,, -+,,. Criminal Law II Reviewer

Page /: of /.

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->