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Criminal Law Summer Reviewer

ATENEO CENTRAL BAR OPERATIONS 2007

ARTICLE 238. ABANDONMENT OF OFFICE OR 2. That he (a) makes general rules or


POSITION. regulations beyond the scope of his authority
or (b) attempts to repeal a law or (c)
ELEMENTS: suspends the execution thereof.
1. That the offender is a public officer;
2. That he formally resigns from his position;
3. That his resignation has not yet been ARTICLE 240. USURPATION OF EXECUTIVE
accepted; and FUNCTIONS.
4. That he abandons his office to the
detriment of the public service. ELEMENTS:
1. That the offender is a judge; and
ƒ There must be formal or written resignation. 2. That he (a) assumes a power pertaining to
ƒ The offense is qualified if the purpose the executive authorities, or (b) obstructs
behind the abandonment is to evade the executive authorities in the lawful exercise of
discharge of duties consisting of their powers.
preventing, prosecuting or punishing any
of the crimes against national security. In ƒ Legislative officers are not liable for
this case, the penalty is higher. This involves usurpation of executive functions
the following crimes:
a. treason
b. conspiracy and proposal to commit ARTICLE 241. USURPATION OF JUDICIAL
conspiracy FUNCTIONS.
c. misprision of treason
d. espionage ELEMENTS:
e. inciting to war or giving motives to 1. That the offender is an officer of the
reprisals executive branch of the government; and
f. violation of neutrality 2. That he (a) assumes judicial powers, or (b)
g. correspondence with hostile country obstructs the execution of any order or
h. flight to enemy country decision rendered by any judge within his
i. piracy and mutiny on the high seas jurisdiction.
j. rebellion
k. conspiracy and proposal to commit ƒ A mayor is guilty under this article when he
rebellion investigates a case while a justice of the
l. disloyalty to public officers peace is in the municipality.
m. inciting to rebellion
n. sedition
o. conspiracy to commit sedition ARTICLE 242. DISOBEYING REQUEST FOR
p. inciting to sedition DISQUALIFICATION.
ABANDONMENT OF DERELICTION OF ELEMENTS:
OFFICE OR POSITION DUTY (208)
(238) 1. That the offender is a public officer;
2. That a proceeding is pending before such
There is actual Public officer does not
public officer;
abandonment through abandon his office but
3. That there is a question brought before the
resignation to evade the merely fails to
proper authority regarding his jurisdiction,
discharge of duties. prosecute a violation of
which is not yet decided;
the law.
4. That he has been lawfully required to
refrain from continuing the proceeding; and
5. That he continues the proceeding.
ARTICLE 239. USURPATION OF LEGISLATIVE
POWERS.
ARTICLE 243. ADDRESSING ORDERS OR
ELEMENTS:
REQUESTS BY EXECUTIVE OFFICER TO ANY
1. That the offender is an executive or judicial JUDICIAL AUTHORITY.
officer; and

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ELEMENTS:
1. That the offender is an executive officer; ƒ The mother of the person in the custody of
2. That he addresses any order or suggestion the public officer is not included.
to any judicial authority; and ƒ To solicit means to propose earnestly and
3. That the order or suggestion relates to any persistently something unchaste and immoral
case or business coming within the exclusive to a woman.
jurisdiction of the courts of justice. ƒ The advances must be immoral or indecent.
ƒ The crime is consummated by mere
ƒ Legislative or judicial officers are not liable proposal.
under this article. ƒ Proof of solicitation is not necessary
when there is sexual intercourse.

ARTICLE 244. UNLAWFUL APPOINTMENTS. TITLE EIGHT


CRIMES AGAINST PERSONS
ELEMENTS:
1. That the offender is a public officer;
2. That he nominates or appoints a person to
a public office;
3. That such person lacks the legal
qualification therefor; and Chapter One –DESTRUCTION OF LIFE
4. That the offender knows that his nominee or
appointee lacks the qualification at the time
he made the nomination or appointment.
ARTICLE 246. PARRICIDE.
ƒ Recommending, knowing that the person
recommended is not qualified, is not a ELEMENTS:
crime. 1. That a person is killed;
ƒ There must be a law providing for the 2. That the deceased is killed by the accused;
qualifications of a person to be nominated 3. That the deceased is the
or appointed to a public office. a. father, mother, or
b. child, whether legitimate or illegitimate, or
c. legitimate other ascendant or other
ARTICLE 245. ABUSES AGAINST CHASTITY descendant, or
d. legitimate spouse of the accused.
The penalties of prision correccional in its medium
and maximum periods and temporary special ƒ The relationship of the offender with the
disqualification shall be imposed: victim is the essential element of parricide.
ƒ Parents and children are not included in the
ELEMENTS: term “ascendants” or “descendants”.
1. That the offender is a public officer; ƒ The other ascendant or descendant must be
2. That he solicits or makes immoral or legitimate. On the other hand, the father,
indecent advances to a woman; and mother or child may be legitimate or
3. That such woman must be – illegitimate.
a. interested in matters pending before ƒ The child should not be less than 3 days
the offender for decision, or with old. Otherwise, the offense is infanticide.
respect to which he is required to ƒ Relationship must be alleged and proved.
submit a report to or consult with a ƒ A stranger who cooperates in committing
superior officer, or parricide is liable for murder or homicide.
b. under the custody of the offender ƒ Even if the offender did not know that the
who is a warden or other public officer person he had killed is his son, he is still
directly charged with care and custody liable for parricide because the law does
of prisoners or person under arrest, or not require knowledge of the relationship.
c. the wife, daughter, sister or relative
within the same degree by affinity of
the person in the custody of the ARTICLE 247. DEATH OR PHYSICAL INJURIES
offender. UNDER EXCEPTIONAL CIRCUMSTANCES.

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3. That the killing was attended by any of the


ELEMENTS: following qualifying circumstances:
1. A legally married person or parent a. with treachery, taking advantage of
surprises his spouse or daughter (the superior strength, with the aid of
latter must be under 18 and living with armed men, or employing means to
them) in the act of committing sexual weaken the defense or of means or
intercourse with another person; persons to insure or afford impunity,
2. He/she kills any or both of them or inflicts b. in consideration of price, reward or
upon any or both of them any serious promise,
physical injury in the act or immediately c. by means of inundation, fire, poison,
thereafter; and explosion, shipwreck, stranding of
3. He has not promoted or facilitated the vessel, derailment or assault upon a
prostitution of his wife or daughter, or that street car or locomotive, fall of
he has not consented to the infidelity of airship, by means of motor vehicles or
the other spouse. with the use of any other means involving
great waste or ruin,
ƒ This article does not define or penalize a d. on occasion of any of the calamities
felony, the penalty is destierro. enumerated in the preceding paragraph,
ƒ It is not necessary that the parent be or of an earthquake, eruption of a
legitimate for the application of this article. volcano, destructive cyclone, epidemic or
ƒ This article applies only when the daughter is any other public calamity,
single. e. with evident premeditation, or
ƒ Surprise means to come upon suddenly or f. with cruelty, by deliberately and
unexpectedly. inhumanely augmenting the suffering
ƒ Art. 247 is applicable even when the accused of the victim or outraging or scoffing at
did not see his spouse in the act sexual his person or corpse; and
intercourse with another person. It is enough 4. The killing is not parricide or infanticide.
that circumstances reasonably show that the
carnal act is being committed or has been ƒ The victim must be killed in order to
committed. consummate the offense. Otherwise, it would
ƒ Sexual intercourse does not include be attempted or frustrated murder.
preparatory acts. ƒ That murder will exist with only one of the
ƒ “Immediately thereafter” means that the circumstances described in Article 248.
discovery, escape, pursuit and the killing When more than one of said circumstances
must all form parts of one continuous act. are present, the others must be considered
ƒ Immediately thereafter – may be an hour as generic aggravating.
after Æ proximate result of outrage ƒ That when the other circumstances are
overwhelming accused after chancing upon absorbed or included in one qualifying
spouse in basest act of infidelity circumstance, they cannot be considered as
ƒ The killing must be the direct by-product of generic aggravating.
the rage of the accused. ƒ Any of the qualifying circumstances must be
ƒ No criminal liability is incurred when less alleged in the information. Otherwise, they
serious or slight physical injuries are inflicted. will only be considered as generic
Moreover, in case third persons caught in the aggravating circumstances.
crossfire suffer physical injuries, the accused ƒ Treachery and premeditation are inherent
is not liable for physical injuries. The principle in murder with the use of poison.
that one is liable for the consequences of his
felonious act is not applicable, because his PEOPLE vs. SANTOS, GR 127492, 1/16/04
act under Art.247 does not amount to a A sudden and unexpected attack under
felony. circumstances which render the victim unable to
defend himself by reason of the suddenness and
ARTICLE 248. MURDER severity of the attack constitutes alevosia.

ELEMENTS: PEOPLE vs. ERIC GUILLERMO, GR 147786,


1. That a person was killed; 1/20/04
2. That the accused killed him;

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Dismemberment of a dead body is one manner of contemplated upon the mode to insure the killing.
outraging or scoffing at the corpse of the victim. The crime committed by appellant is homicide.

PEOPLE vs. MONTAÑEZ, GR 148257, 3/17/04 GOROSPE vs. PEOPLE, G.R. No. 147974. 1/29/04
The barefaced fact that Daniel Sumaylo pleaded No error was committed by the trial court in
guilty to the felony of homicide is not a bar to the characterizing the felonious assault as frustrated
appellant being found guilty of murder as a principal. homicide and convicting appellant therefor. The
It bears stressing that Sumaylo plea-bargained on his appellant acted with intent to kill in firing the gun at
re-arraignment. Even if the public prosecutor and the Miguel. Usually, the intent to kill is shown by the kind
father of the victim agreed to Sumaylo's plea, the of weapon used by the offender and the parts of the
State is not barred from prosecuting the appellant for victim’s body at which the weapon was aimed, as
murder on the basis of its evidence, independently of shown by the wounds inflicted.
Sumaylo's plea of guilt.
ARADILLOS vs. COURT OF APPEALS G.R. No.
135619, 1/15/04
ARTICLE 249. HOMICIDE. An accused may be convicted of slight, less serious
or serious physical injuries in a prosecution for
ELEMENTS: homicide or murder, inasmuch as the infliction of
1. That a person was killed; physical injuries could lead to any of the latter
2. That the accused killed him without any offenses when carried to its utmost degree despite
justifying circumstances; the fact that an essential requisite of the crime of
3. That the accused had the intention to kill, homicide or murder - intent to kill - is not required in a
which is presumed; and prosecution for physical injuries.
4. That the killing was not attended by any of
the qualifying circumstances of murder,
or by that of parricide or infanticide. ARTICLE 250. PENALTY FOR FRUSTRATED
PARRICIDE, MURDER OR HOMICIDE.
ƒ Intent to kill is conclusively presumed when
death resulted. Hence, evidence of intent to
kill is required only in attempted or frustrated ARTICLE 251. DEATH IN A TUMULTUOUS
homicide. AFFRAY..
ƒ There is no crime of frustrated homicide
through negligence/imprudence. ELEMENTS:
ƒ When the wounds that caused death were 1. That there be several persons;
inflicted by 2 different persons, even if they 2. That they did not compose groups
were not in conspiracy, each one of them is organized for the common purpose of
guilty of homicide. assaulting and attacking each other
ƒ In all crimes against persons in which the reciprocally;
death of the victim is an element, there must 3. That these several persons quarreled and
be satisfactory evidence of (1) the fact of assaulted one another in a confused and
death and (2) the identity of the victim. tumultuous manner;
ƒ Penalty shall be one degree higher than that 4. That someone was killed in the course of
imposed by law when the victim is under 12 the affray;
years of age 5. That it cannot be ascertained who actually
ƒ Corpus delicti – actual commission of crime killed the deceased; and
charged 6. That the person or persons who inflicted
serious physical injuries or who used
PEOPLE vs. DELA CRUZ, G.R. No. 152176, violence can be identified.
10/1/03
The qualifying circumstance of treachery was not
sufficiently established by the prosecution. The ƒ Tumultuous affray exists when at least 4
prosecution witness did not see the actual stabbing of persons take part in it.
the victim. Therefore, there is no way of determining ƒ When there are 2 identified groups of men
on how the attack was initiated. In the same way that who assaulted each other, there is no
no testimony would prove that the appellant tumultuous affray.

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ƒ The person killed need not be a participant in ƒ A pregnant woman who tried to commit
the affray suicide by means of poison but instead of
ƒ Those who used violence are liable for death dying, the fetus in her womb was expelled, is
caused in a tumultuous affray only if it cannot not liable for abortion.
be determined who inflicted the serious ƒ Assistance to suicide is different from mercy-
physical injuries on the deceased killing. Euthanasia or mercy-killing is the
ƒ “Tumultuous” in Article 153 – more than three practice of painlessly putting to death a
persons who are armed or provided with person suffering from some incurable
means of violence disease. In this case, the person does not
want to die. A doctor who resorts to
PERSONS LIABLE: euthanasia may be held liable for murder.
1. person/s who inflicted serious physical ƒ Penalty is mitigated if suicide is not
injuries successful.
2. if it is not known who inflicted serious
physical injuries on the deceased, all
persons who used violence upon the ARTICLE 254. DISCHARGE OF FIREARMS.
person of the victim.
ELEMENTS:
1. That the offender discharges a firearm
ARTICLE 252. PHYSICAL INJURIES INFLICTED IN against or at another person; and
A TUMULTUOUS AFFRAY. 2. That the offender has no intention to kill
that person.
ELEMENTS:
1. That there is a tumultuous affray as ƒ The offender must shoot at another with any
referred to in the preceding article; firearm without intention of killing him. If the
2. That a participant or some participants firearm is not discharged at a person, the act
thereof suffer serious physical injuries or is not punished under this article.
physical injuries of a less serious nature ƒ A discharge towards the house of the victim
only; is not discharge of firearm. Firing a gun at the
3. That the person responsible therefor cannot house of the offended party, not knowing in
be identified; and what part of the house the people were, is
4. That all those who appear to have used only alarm under Art. 155.
violence upon the person of the offended ƒ Usually, the purpose of the offender is only to
party are known. intimidate or frighten the offended party.
ƒ Intent to kill is negated by the fact that the
ƒ Persons liable: All those who have used distance between the victim and the
violence on the person of the offended party. offender is 200 yards.
ƒ Injured party must be a participant of the ƒ A person can be held liable for discharge
tumultous affray even if the gun was not pointed at the
ƒ If the one who caused physical injuries are offended party when it fired as long as it
known, he will be liable for physical injuries was initially aimed at or against the
actually committed offended party.
ƒ Slight physical injuries not included

ARTICLE 255. INFANTICIDE


ARTICLE 253. GIVING ASSISTANCE TO SUICIDE.
ELEMENTS:
ACTS PUNISHABLE: 1. That a child was killed;
1. Assisting another to commit suicide, whether 2. That the deceased child was less than three
the suicide is consummated or not. days (72 hours) of age; and
2. Lending his assistance to another to commit 3. That the accused killed the said child.
suicide to the extent of doing the killing
himself. ƒ When the offender is the father, mother or
legitimate ascendant, he shall suffer the
ƒ A person who attempts to commit suicide is penalty prescribed for parricide. If the
not criminally liable. offender is any other person, the penalty is

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that for murder. In either case, the proper 3. That the violence is intentionally exerted;
qualification for the offense is infanticide. and
ƒ When infanticide is committed by the mother 4. That as a result of the violence the fetus
or maternal grandmother of the victim in dies, either in the womb or after having been
order to conceal the mother’s dishonor, expelled therefrom.
such fact is only mitigating.
ƒ The delinquent mother who claims that she ƒ Committed only by violence(giving of bitter
committed the offense to conceal the substance with no intention to cause abortion
dishonor must be of good reputation. is not unintentional abortion)
Hence, if she is a prostitute, she is not ƒ Violence must be intentionally exerted
entitled to a lesser penalty because she has ƒ Unintentional abortion may be complexed
no honor to protect. with other crimes such as parricide or
ƒ There is no infanticide when the child was homicide
born dead, or although born alive it could not ƒ Unintentional abortion can also be
sustain an independent life when it was committed through negligence. (People vs.
killed. Jose)
ƒ The accused can only be held liable if he
knew that the woman was pregnant.
ARTICLE 256. INTENTIONAL ABORTION ƒ If there is no intention to cause abortion
and neither was violence exerted, Arts.
ELEMENTS: 256 and 257 does not apply.
1. That there is a pregnant woman;
2. That violence is exerted, or drugs or ARTICLE 258. ABORTION PRACTICED BY THE
beverages administered, or that the accused WOMAN HERSELF OR BY HER PARENTS.
otherwise acts upon such pregnant woman;
3. That as a result of the use of violence or ELEMENTS:
drugs or beverages upon her, or any other 1. That there is a pregnant woman who has
act of the accused, the fetus dies, either in suffered an abortion;
the womb or after having been expelled 2. That the abortion is intended; and
therefrom. 3. That the abortion is caused by –
4. That the abortion is intended. a. the pregnant woman herself
b. any other person, with her
ƒ A fetus about six months old cannot subsist consent, or
by itself, outside the maternal womb. c. any of her parents, with her
Abortion usually means expulsion before 6th consent for the purpose of
month or before term of its viability concealing her dishonor.
ƒ Viada: Abortion, as long as fetus dies as a
result of violence used or drugs administered ƒ The liability of the pregnant woman is
ƒ Infanticide, if: (1) Fetus could sustain mitigated if the purpose is to conceal her
independent life after its separation from dishonor. However, there is no mitigation for
maternal womb, and (2) it is killed the parents of the pregnant women even if
ƒ Fetus survives in spite of attempt to kill it or their purpose is to conceal their daughter’s
use of violence: dishonor, unlike in infanticide.
a. Abortion intended, all acts of execution
performed – frustrated intentional
abortion ARTICLE 259. ABORTION PRACTICED BY A
b. Abortion not intended, fetus does not die PHYSICIAN OR MIDWIFE AND DISPENSING OF
– physical injuries ABORTIVES.
ƒ No frustrated unintentional abortion
ELEMENTS:
ARTICLE 257. UNINTENTIONAL ABORTION. 1. That there is a pregnant woman who has
suffered an abortion;
ELEMENTS: 2. That the abortion is intended;
1. That there is a pregnant woman; 3. That the offender, who must be a physician
2. That violence is used upon such pregnant or midwife, causes or assists in causing the
woman without intending an abortion; abortion; and

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4. That said physician or midwife takes


advantage of his or her scientific ACTS PUNISHABLE:
knowledge or skill. 1. Challenging another to a duel.
2. Inciting another to give or accept a
ƒ It is not necessary that the pharmacist knew challenge to a duel.
that the abortive would be used to cause 3. Scoffing at or decrying another publicly for
abortion. What is punished is the act of having refused to accept a challenge to fight
dispensing an abortive without the proper a duel.
prescription. It is not necessary that the
abortive be actually used. PERSONS LIABLE:
ƒ If the pharmacist knew that the abortive 1. Challenger
would be used to cause abortion and 2. Instigators
abortion results, he is liable as an
accomplice.
ƒ RA 4729: regulates the sale, dispensation,
and/or distribution of contraceptive drugs and Chapter Two – PHYSICAL INJURIES
devices
ƒ It is not unlawful if Sale, dispensation or
distribution of contraceptive drug or
contraceptive device is by a duly licensed
drug store or pharmaceutical company and ARTICLE 262. MUTILATION.
with prescription of qualified medical
practitioner KINDS OF MUTILATION:
1. Intentionally mutilating another by depriving
him, totally or partially, of some essential
ARTICLE 260. RESPONSIBILITY OF organ for reproduction.
PARTICIPANTS IN A DUEL. 2. Intentionally making other mutilation, i.e.
lopping, clipping off any part of the body of
ACTS PUNISHED: the offended party, other than the essential
1. Killing one’s adversary in a duel. organ for reproduction, to deprive him of that
2. Inflicting upon the adversary serious part of his body.
physical injuries.
3. Making combat although no physical injuries ELEMENTS OF THE FIRST KIND OF MUTILATION:
have been inflicted. 1. Castration, i.e. mutilation of organs
necessary for generation such as the penis
PERSONS LIABLE: or ovarium; and
1. Principals – person who killed or inflicted 2. Purposely and deliberately.
physical injuries upon his adversary, or both
combatants in any other cases. ƒ In the first kind of mutilation, the castration
2. Accomplices – as seconds must be made purposely. Otherwise, it will
be considered as mutilation of the second
ƒ A duel is a formal or regular combat kind.
previously concerted between 2 parties in the ƒ Mayhem refers to any other intentional
presence of 2 or more seconds of lawful age mutilation.
on each side, who make the selection of ƒ Under R.A. 7610, the penalty for the second
arms and fix all the other conditions of the type of mutilation shall be one degree higher
fight. when the victim is below 12 years old.
ƒ If death results, the penalty is the same as
that for homicide.
ƒ The law disregards intent to kill in a duel ARTICLE 263. SERIOUS PHYSICAL INJURIES.
ƒ In case of slight physical injuries inflicted on
another, penalty is arresto menor, 3rd HOW COMMITTED:
paragraph applies only when no physical 1. Wounding;
injuries are inflicted 2. Beating;
3. Assaulting; or
ARTICLE 261. CHALLENGING TO A DUEL. 4. Administering injurious substances.

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ƒ The loss of 3 incisors is a visible deformity.


SERIOUS PHYSICAL INJURIES: Loss of one incisor is not. However, loss of
1. When the injured person becomes insane, one tooth which impaired appearance is a
imbecile, impotent or blind in consequence deformity.
of the physical injuries inflicted. ƒ Deformity by loss of teeth refers to injury
2. When the injured person – which cannot be repaired by the action of
a. loses the use of speech or the power to nature.
hear or to smell, loses an eye, a hand, ƒ Loss of both outer ears, loss of the power to
foot, arm or leg, hear, and loss of the lobule of the ear
b. loses the use of any such member, or constitute deformity.
c. becomes incapacitated for the work in ƒ Loss of the index and middle fingers is either
which he had been habitually engaged a deformity or loss of a member, not a
3. When the injured person – principal one, of his body or use of the same.
a. becomes deformed, ƒ If the injury would require medical attendance
b. loses any other member of his body, for more than 30 days, the illness of the
c. loses the use thereof, or offended party may be considered as lasting
d. becomes ill or incapacitated for the more than 30 days. The fact that there was
performance of the work in which he medical attendance for that period of time
had been habitually engaged in for more shows that the injuries were not cured for
than 90 days that length of time.
4. When the injured person becomes ill or ƒ Under paragraph 4, all that is required is
incapacitated for labor for more than 30 illness or incapacity, not medical attendance.
days (but not more than 90 days). ƒ In determining incapacity, the injured party
must have an avocation or work at the time
ƒ Serious physical injuries may be committed of the injury. Work includes studies or
through reckless imprudence or simple preparation for a profession.
imprudence. ƒ When the category of the offense of serious
ƒ There must be no intent to kill. physical injuries depends on the period of the
ƒ Impotence includes inability to copulate and illness or incapacity for labor, there must be
sterility. evidence of the length of that period.
ƒ Blindness requires lost of vision in both Otherwise, the offense will only be
eyes. Mere weakness in vision is not considered as slight physical injuries.
contemplated. ƒ There is no incapacity if the injured party
ƒ Loss of power to hear must involve both could still engage in his work although less
ears. Otherwise, it will be considered as effectively than before.
serious physical injuries under par 3. ƒ Serious physical injuries is qualified when
ƒ Loss of the power to hear in the right ear is the crime is committed against the same
considered as merely loss of use of some persons enumerated in the article on
other part of the body. parricide or when it is attended by any of the
ƒ Loss of use of hand or incapacity of usual circumstances defining the crime of
work in paragraph 2 must be permanent. murder. However, serious physical injuries
ƒ Paragraph 2 refers to principal members of resulting from excessive chastisement by
the body. Paragraph 3, on the other hand, parents is not qualified serious physical
covers any other member that is not a injuries.
principal part of the body. In this respect, a
front tooth is considered as a member of the
body and not a principal member. ARTICLE 264. ADMINISTERING INJURIOUS
ƒ Deformity means physical ugliness, SUBSTANCES OR BEVERAGES.
permanent and definite abnormality that is
not curable by natural means or by nature. ELEMENTS:
It must be conspicuous and visible. Thus, if 1. That the offender inflicted upon another
the scar is usually covered by a dress, it person any serious physical injury;
would not be conspicuous and visible. Loss 2. That it was done by knowingly
of teeth as deformity will not apply to child or administering to him any injurious
old man. substances or beverages or by taking

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advantage of his weakness of mind or ƒ When there is no evidence of actual injury


credulity; and ƒ Supervening event converting crime into
3. He had no intent to kill. serious physical injuries after filing of
information can still be the subject of a new
ƒ It is frustrated murder when there is intent to charge
kill
ƒ Administering means introducing into the
body the substance, thus throwing of the acid ANTI-HAZING LAW (R. A. NO. 8049)
in the face is not contemplated.
ƒ Weakness of mind or credulity –witchcraft,
philters, magnetism
“HAZING” is an initiation rite or practice as a
prerequisite for admission into membership in a
ARTICLE 265. LESS SERIOUS PHYSICAL fraternity, sorority or organization by placing the
INJURIES. recruit, neophyte or applicant in some embarrassing
or humiliating situations such as forcing him to do
ELEMENTS: menial, silly, foolish and other similar tasks or
1. That the offended party is incapacitated for activities or otherwise subjecting him to physical or
labor for 10 days or more (but not more psychological suffering or injury.
than 30 days), or needs medical
attendance for the same period of time; and PERSONS LIABLE:
2. That the physical injuries must not be those 1. The officers and members of the fraternity,
described in the preceding articles. sorority or organization who actually
participated in the infliction of physical harm
CIRCUMSTANCES QUALIFYING THE OFFENSE: shall be liable as principals if the person
1. when there is manifest intent to insult or subjected to hazing or other forms of
offend the injured person initiation rites suffers any physical injury or
2. when there are circumstances adding dies as a result thereof;
ignominy to the offense
3. when the victim is either the offender’s QUALIFYING CIRCUMSTANCES:
parents, ascendants, guardians, curators a. when the recruitment is accompanied
or teachers by force, violence, threat, intimidation
4. when the victim is a person of rank or person or deceit on the person of the recruit
in authority, provided the crime is not who refuses to join;
direct assault b. when the recruit, neophyte or applicant
initially consents to join but upon
ƒ This article applies even if there was no learning that hazing will be committed
incapacity but the medical treatment was for on his person, is prevented from
more than 10 days. quitting;
c. when the recruit, neophyte or applicant
having undergone hazing is prevented
ARTICLE 266. SLIGHT PHYSICAL INJURIES AND from reporting the unlawful act to his
MALTREATMENT parents or guardians, to the proper
school authorities, or to the police
THREE (3) KINDS: authorities, through force, violence,
1. That which incapacitated the offended party threat or intimidation;
for labor from 1-9 days or required medical d. when the hazing is committed outside of
attendance during the same period. the school or institution; or
2. That which did not prevent the offended e. when the victim is below twelve (12)
party from engaging in his habitual work years of age at the time of the hazing.
or which did not require medical 2. The school authorities including faculty
attendance (Ex. blackeye). members who consent to the hazing or who
3. Ill-treatment of another by deed w/o have actual knowledge thereof, but failed
causing any injury. (Ex. slapping but w/o to take any action to prevent the same from
causing dishonor) occurring shall be punished as accomplices

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for the acts of hazing committed by the it occurs a second time, and she remains in the
perpetrators; situation, she is defined as a battered woman.
3. The officers, former officers, or alumni of
the organization, group, fraternity or sorority
who actually planned the hazing although
Chapter Three. RAPE
not present when the acts constituting the
hazing were committed shall be liable as
principals.
4. A fraternity or sorority's adviser who is ARTICLE 266A-266B. RAPE
present when the acts constituting the
hazing were committed and failed to take The Anti-Rape Law of 1997 (RA 8353) now
action to prevent the same from occurring classified the crime of rape as a Crime Against
shall be liable as principal. Persons. It incorporated rape into Title 8 of the
RPC.
ƒ The presence of any person during the
hazing is prima facie evidence of ELEMENTS:
participation therein as principal unless Rape is committed -
he prevented the commission of the illegal 1. By a man who shall have carnal knowledge of a
acts. woman under any of the following
ƒ Any person charged under this provision circumstances:
shall not be entitled to the mitigating a. through force, threat or intimidation;
circumstance that there was no intention b. when the offended party is deprived of
to commit so grave a wrong. reason or otherwise unconscious;
c. by means of fraudulent machination or
grave abuse of authority; or
d. when the offended party is under 12 years
of age or is demented, even though none
RA 9262 ANTI–VIOLENCE AGAINST WOMEN
of the circumstances mentioned above be
AND THEIR CHILDREN ACT OF 2004
present.

2. By any person who, under any of the


circumstances mentioned in paragraph 1 hereof,
shall commit an act of sexual assault by
What is the Battered Woman Syndrome? What is inserting
its effect on the criminal liability of the accused? a. his penis into another person’s mouth or
Battered Woman Syndrome refers to a scientifically anal orifice; or
defined pattern of psychological and behavioral b. any instrument or object, into the genital
symptoms found in women living in battering or anal orifice of another person.
relationships as a result of cumulative abuse. Battery
refers to any act of inflicting physical harm upon the Rape committed under paragraph 1 is punishable
woman or her child resulting to physical and by:
psychological or emotional distress. 1. reclusion perpetua
2. reclusion perpetua to DEATH when:
a. victim became insane by reason or on
Victim-survivors who are found by the courts to be
suffering from Battered Woman Syndrome do not the occasion of rape; or
incur any criminal or civil liability notwithstanding the b. the rape is attempted and a homicide
is committed by reason or on the
absence of any of the elements for justifying
circumstances of self-defense under the RPC. occasion thereof.
3. DEATH when:
a. homicide is committed;
PEOPLE vs. GENOSA, G.R. No. 135981. 1/15/04 b. victim is under 18 years old and
In order to be classified as a battered woman, the offender is:
accused and her spouse must go through the i. parent,
battering cycle at least twice. Any woman may find ii. ascendant,
herself in an abusive relationship with a man once. If iii. step-parent,
iv. guardian,

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v. relative by consanguinity or affinity Dividing age in rape:


within the 3rd civil degree, 1. less than 7 years old - mandatory death
vi. common law spouse of victim’s 2. less than 12 years old - statutory rape
parent; 3. less than 18 years old and there is
c. under the custody of the police or relationship (e.g. parent, etc.) - mandatory
military authorities or any law death
enforcement or penal institution;
d. committed in full view of the spouse, Degree of Force necessary:
parent or any of the children or other 1. Force sufficient to consummate culprit’s
relatives within the 3rd degree of purpose
consanguinity; 2. Consider age, size and strength of parties
e. victim is a religious engaged in and their relation to each other
legitimate religious vocation or calling
and is personally known to be such by ƒ Rape may be committed by employing
the offender before or at the time of the intimidation(Intimidation Æ Moral kind)
commission of the crime; ƒ When the offender in rape has an ascendancy or
f. a child below 7 years old; influence over the girl, it is not necessary to put
g. offender knows he is afflicted with HIV up determined resistance
or AIDS or any other sexually ƒ Rape may be proved by testimony of woman
transmissible disease and the virus is alone
transmitted to the victim; 1. An accusation for rape can be made with
h. offender is a member of the AFP, or facility, is difficult to prove, but more difficult
para-military units thereof, or the PNP, or for person accused, though innocent, to
any law enforcement agency or penal disprove
institution, when the offender took 2. Nature Æ only two persons are involved,
advantage of his position to facilitate testimony of complainant must be scrutinized
the commission of the crime; with extreme caution
i. the victim suffered permanent physical 3. The evidence for prosecution must stand or
mutilation or disability; fall on its own merits, and cannot be allowed
j. the offender knew of the pregnancy of to draw strength from weakness of evidence
the offended party at the time of the for defense
commission of the crime; and ƒ Deprivation of reason contemplated by law need
k. when the offender knew of the mental not be complete, mental abnormality or
disability, emotional disorder and/or deficiency is sufficient
physical handicap of the offended party ƒ CONSUMMATED RAPE: penetration of labia
at the time of the commission of the consummates the crime of rape
crime. ƒ ATTEMPTED RAPE: intent to have carnal
knowledge must be clearly shown
Rape committed under paragraph 2 is punishable ƒ Multiple rape by two or more offenders Æ each
by: one is responsible not only for rape personally
1. prision mayor committed, but also for rape committed by others
2. prision mayor to reclusion temporal when: ƒ Rape with homicide is now a special complex
a. there was use of deadly weapon, or crime
b. when committed by two or more ƒ Rape infecting victim with gonorrhea that caused
persons. death is an illustration of rape with homicide
3. reclusion temporal – when the victim has ƒ Indemnity in Rape: P50,000 mandatory; if
become insane circumstances which death penalty is authorized
4. reclusion temporal to reclusion perpetua – Æ P75,000; Rape with homicide Æ P100,000
rape is attempted and homicide is ƒ Moral damages Æ P50,000, without need of
committed proof
5. reclusion perpetua – homicide is committed ƒ Exemplary damages Æ if crime committed with
by reason or on occasion of rape one or more aggravating circumstances
6. reclusion temporal – committed with any of
the 10 aggravating circumstances PEOPLE vs.NEQUIA, G.R. No. 146569.10/6/03
mentioned above

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In rape by sexual assault, the word "instrument or where there are other occupants. The beast in him
object" should be construed to include a human bears no respect for time and place.
finger.
PEOPLE vs. OLAYBAR G.R. Nos. 150630-31.
ORDINARIO vs. PEOPLE G.R. No. 155415. 520/04 101/03
The definition of the crime of rape has been The trial court has decreed the penalty of death on
expanded with the enactment of Republic Act No. account of circumstance under Article 266-A, i.e., that
8353, otherwise known as the Anti-Rape Law of when "the offender knows that he is afflicted with
1997, to include not only "rape by sexual intercourse" Human Immuno-Deficiency Virus (HIV), Acquired
but now likewise "rape by sexual assault." An act of Immune Deficiency Syndrome (AIDS) or any other
sexual assault under the second paragraph of the sexually transmissible disease and the virus or
article can be committed by any person who, under disease is transmitted to the victim," the imposition of
the circumstances mentioned in the first paragraph of the extreme penalty of death would be warranted.
the law, inserts his penis into the mouth or anal
orifice, or any instrument or object into the genital or PEOPLE vs. DE LA TORRE G.R. Nos. 121213 &
anal orifice, of another person. The law, unlike rape 121216-23. 1/13/04
under the first paragraph of Article 266-A of the An accused may be considered a principal by direct
Code, has not made any distinction on the sex of participation, by inducement, or by indispensable
either the offender or the victim. Neither must the cooperation. This is true in a charge of rape against a
courts make such distinction. woman, provided of course a man is charged
together with her. Thus, in two cases the Court
PEOPLE vs. BALLENO G.R. No. 149075. 8/7/03 convicted the woman as a principal by direct
The fact that no laceration and no ruptured hymen participation since it was proven that she held down
were found in this case, does not necessarily negate the complainant in order to help her co-accused
rape. The fact that the hymen was intact upon spouse consummate the offense.
examination does not, likewise, belie rape, for a
broken hymen is not an essential element of rape, PEOPLE vs. ESPINOSA G.R. No. 138742 6/15/04
nor does the fact that the victim remained a virgin Absence of resistance does not mean consent. The
exclude the crime. complainant was only 14 years old when the rape
took place. At her age, it could easily be conceived
PEOPLE vs. NAVARRO, G.R. No. 137597. that she feared the appellant and believed his
10/24/03 threats, that he would kill her and her family if she
Even the slightest contact of the penis with the labia reported the incident to anyone. The test is whether
under the circumstances enumerated under Art. 266- the threat or intimidation produces a reasonable fear
A of the Revised Penal Code constitutes rape. A in the mind of the victim that if she resists or does not
flaccid penis can do as much damage as an erect yield to the desires of the accused, the threat would
one — at least insofar as the crime of rape is be carried out.
concerned.
PEOPLE vs. MALONES, G.R. Nos. 124388-90.
PEOPLE vs. AGSAOAY, G.R. Nos. 132125-26. 3/11/04
6/3/04 The negative findings of spermatozoa on the medico-
An unchaste woman who habitually goes out with legal report does not prove that no rape was
different men may be a victim of rape. The victim’s committed.
moral character is not among the elements of the
crime of rape. It does not negate the existence of PEOPLE vs. ROTE, G.R. No. 146188, 12/11/03
rape. Where the girl is below 12 years old, the only subject
of inquiry is whether “carnal knowledge” took place.
Proof of force, intimidation or consent is unnecessary
PEOPLE vs. LALINGJAMAN, G.R. No. 132714. since none of these is an element of statutory rape.
6/6/01 There is a conclusive presumption of absence of free
Rape may be committed anywhere — even in places consent of the rape victim is below the age of 12.
where people congregate such as parks, along the
road side, within school premises, and inside a house PEOPLE vs.SABARDAN, G.R. No. 132135. 5/21/04

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When the original and primordial intention of the


appellant in keeping the victim in his apartment was
to rape her and not to deprive her of her liberty, the
appellant is guilty only of rape under Article 335,
paragraph 1 of the Revised Penal Code, and not of
the complex crime of serious illegal detention with
rape under Article 267, in relation to Articles 335 and
48 of the Code.

PEOPLE vs. BALATAZO, G.R. No. 118027. 1/29/04

Force or intimidation may be actual or constructive. In


this case, the victim is a mental retardate. The
appellant took advantage of her condition and
succeeded in having sexual intercourse with her.
Hence, he is guilty of forcible rape.

PEOPLE vs. FUCIO, G.R. Nos. 151186-95. 2/13/04


The qualifying circumstance of minority and
relationship does not include god-father relationship

PEOPLE vs. ANCHETA, G.R. No. 142431. 1/14/04


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TITLE NINE PEOPLE vs. PICKRELL, G.R No. 120409. 10/23/03


CRIMES AGAINST PERSONAL LIBERTY AND Although the victim my have inceptually consented to
SECURITY go with the offender to a place but the victim is
thereafter prevented, with the use of force, from
leaving the place where he was brought to with his
consent and is detained against his will, the offender
is guilty of kidnapping and serious illegal detention.
Chapter One. Crimes Against Liberty
PEOPLE vs. PUA, G.R. NO. 144050. 11/11/03
The penalty shall be death where the kidnapping or
Section One. Illegal Detention detention was committed for the purpose of extorting
ransom from the victim or any other person, even if
ARTICLE 267. KIDNAPPING AND SERIOUS none of the circumstances mentioned in Article 267
ILLEGAL DETENTION were present in the commission of the offense

ELEMENTS:
1. That the offender is a private individual; ILLEGAL DETENTION ARBITRARY
2. That he kidnaps or detains another, or in any DETENTION
other manner deprives the liberty; Committed by a private Committed by a public
3. That the act of detention or kidnapping must be individual who unlawfully officer or employee who
illegal; and kidnaps, detains or detains a person without
4. That in the commission of the offense, any of the otherwise deprives a legal ground
following circumstances are present ( person of liberty.
detention becomes serious): Crime is against personal Crime against the
a. that the kidnapping/detention lasts for more liberty and security fundamental law of the
than 3 days, State
b. that it is committed by simulating public
authority,
c. that any serious physical injuries are
ARTICLE 268. SLIGHT ILLEGAL DETENTION
inflicted upon the person kidnapped or
detained or threats to kill him are made, or ELEMENTS:
d. that the person kidnapped or detained is a
1. That the offender is a private person;
minor (except if parent is the offender), 2. That he kidnaps or detains another or in any
female or a public officer. other manner deprives the liberty or he
furnishes the place for the perpetuation of the
Death is imposed in the following instances: [death detention;
penalty suspended] 3. That the act of detention or kidnapping must be
1. if kidnapping is committed for the purpose of illegal;
extorting ransom either from the victim or from 4. That the crime is committed without the
any other person even if none of the
attendance of any of the circumstances
aforementioned circumstances are present in the enumerated in Art. 267.
commission of the offense; and
2. when the victim is killed or dies as a
PRIVILEGED MITIGATING CIRCUMSTANCE:
consequence of the detention or is raped or is If the offender:
subjected to torture or dehumanizing acts. 1. voluntarily releases the person so kidnapped or
detained within 3 days from the commencement
PEOPLE vs. OBESO G.R. No. 152285. 10/24/03 of the detention;
It is true that for kidnapping to take place, it is not 2. without having attained the purpose intended;
necessary that the victim be placed in an enclosure; and
neither is it necessary that the detention be 3. before the institution of criminal proceedings
prolonged. However, the essence of kidnapping is against him.
the actual deprivation of the victim's liberty coupled
with indubitable proof of the intent of the accused to
effect such deprivation. ARTICLE 269. UNLAWFUL ARREST

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ELEMENTS:
ELEMENTS: 1. That the offender purchases, sells, kidnaps or
1. That the offender arrests or detains another detains a human being; and
person; 2. That the purpose of the offender is to enslave
2. That the purpose of the offender is to deliver such human being.
him to the proper authorities; and
3. That the arrest or detention is not authorized Qualifying circumstance – if the purpose is some
by law or there is no reasonable ground immoral traffic (Ex. prostitution).
therefor.
ARTICLE 273. EXPLOITATION OF CHILD LABOR
ƒ Offender is any person. Either a public officer or
private individual may be liable. ELEMENTS:
ƒ Arrest/ detention refers to warrantless arrests. 1. That the offender retains a minor in his service;
ƒ In Article 125 (Delay in the delivery of detained 2. That it is against the will of the minor; and
persons to the proper judicial authorities), the 3. That it is under the pretext of reimbursing
detention is for some legal ground. While in an himself of a debt incurred by an ascendant,
unlawful arrest, the detention is not authorized by guardian or person entrusted with the custody of
law. such minor.

ƒ Indebtedness is not a ground for detention


ARTICLE 270. KIDNAPPING AND FAILURE TO
RETURN A MINOR
ARTICLE 274. SERVICES RENDERED UNDER
ELEMENTS: COMPULSION IN PAYMENT OF DEBT
1. That the offender is entrusted with the custody
of a minor person ; and ELEMENTS:
2. That he deliberately fails to restore the said 1. That the offender compels a debtor to work for
minor to his parents. him, either as household servant or farm
laborer;
2. That it is against the debtor’s will; and
ARTICLE 271. INDUCING A MINOR TO ABANDON 3. That the purpose is to require or enforce the
HIS HOME payment of a debt.

ELEMENTS:
1. That the minor is living in the home of his
Chapter Two. CRIMES AGAINST SECURITY
parents or guardians or the person entrusted with
his custody; and
2. That the offender induces a minor to abandon
such home. ARTICLE 275. ABANDONMENT OF PERSON IN
DANGER AND ABANDONMENT OF ONE’S OWN
ƒ Inducement must be actual, committed with VICTIM.
criminal intent and determined by a will to
cause damage. ACTS PUNISHABLE:
ƒ The minor should not leave his home of his 1. By failing to render assistance to any person
own free will. whom the offender finds in an uninhabited place
ƒ Mitigated if committed by the father or mother wounded or in danger of dying, when he can
of the victim. render such assistance without detriment to
ƒ The minor need not actually abandon his home himself, unless such omission shall
or home of guardian. Mere commission of any constitute a more serious offense;
act which tends to influence, persuade or prevail
on a minor to abandon his home is what ELEMENTS:
constitutes a crime. a. That place is not inhabited.
b. The accused found there a person wounded
or in danger of dying.
ARTICLE 272. SLAVERY c. The accused can render assistance without
detriment to himself.

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d. The accused fails to render assistance. a. That the offender is a parent;


b. That he neglects his children by not giving
2. By failing to help or render assistance to another them education; and
whom the offender has accidentally wounded c. That his station in life requires such
or injured; education and his financial condition
3. By failing to deliver a child under 7 whom the permits it.
offender has found abandoned, to the authorities
or to his family, or by failing to take him to a safe ƒ Obligation to educate children terminates if
place. (may be applied to a lost child) mother and children refuse without good reason
to live with accused
ARTICLE 276. ABANDONING A MINOR. ƒ Failure to give education must be due to
deliberate desire to evade such obligation
ELEMENTS:
1. That the offender has the custody of a child;
2. That the child is under 7 years of age; ARTICLE 278. EXPLOITATION OF MINORS.
3. That he abandons such child; and
4. That he has no intent to kill the child when the Acts punished:
latter is abandoned. 1. By causing any boy or girl under 16 to perform
any dangerous feat of balancing, physical
ƒ Abandonment must be conscious, deliberate, and strength or contortion, the offender being any
permanent. person.
ƒ Qualifying circumstances: 2. By employing children under 16 who are not
a. death of the minor; or the children or descendants of the offender in
b. life was in danger because of the exhibitions of acrobat, gymnast, rope-walker,
abandonment. diver, or wild-animal tamer or circus manager or
ƒ Parent guilty of abandoning their children shall be engaged in a similar calling.
deprived of parental authority. 3. By employing any descendant under 12 in
dangerous exhibitions enumerated in the next
preceding paragraph, the offender being
ARTICLE 277. ABANDONMENT OF MINOR BY engaged in any of said callings.
PERSON ENTRUSTED WITH HIS CUSTODY; 4. By delivering a child under 16 gratuitously to
INDIFFERENCE OF PARENTS any person following any of the callings
enumerated in paragraph 2 or to any habitual
ACTS PUNISHED: vagrant or beggar, the offender being an
1. By delivering a minor to a public institution or ascendant, guardian, teacher or person
other persons w/o consent of the one who entrusted in any capacity with the care of such
entrusted such minor to the care of the offender child.
or, in the absence of that one, without the 5. By inducing any child under 16 to abandon the
consent of the proper authorities; home of its ascendants, guardians, curators or
teachers to follow any person engaged in any
ELEMENTS: of the callings mentioned in paragraph 2 or to
a. Offender has charge of the rearing or accompany any habitual vagrant or beggar, the
education of a minor; offender being any person.
b. He delivers said minor to a public institution
or other persons.; and Qualifying Circumstance: If the delivery of the child
c. That the one who entrusted such child to the to any person following any of the callings of
offender has not consented to such act; or if acrobat, rope-walker, diver or wild-animal trainer
the one who entrusted such child to the or circus manager or to any habitual vagrant of
offender is absent, the proper authorities beggar is made in consideration of any price,
have not consented to it. compensation or promise.

2. By neglecting his children by not giving them


education which their station in life requires and ARTICLE 279. ADDITIONAL PENALTIES FOR
financial condition permits; OTHER OFFENSES

ELEMENTS:

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Article 280. Trespass to dwelling 4. That the trespasser has not secured the
permission of the owner or the caretaker
ELEMENTS: thereof.
1. That the offender is a private person;
2. That he enters the dwelling of another; and
3. That such entrance is against the latter’s will. ARTICLE 282. GRAVE THREATS

Qualifying circumstance: If the offense is committed ACTS PUNISHABLE:


by means of violence or intimidation. 1. By threatening another with the infliction upon
ƒ There must be an opposition on the part of his person, honor or property or that of his
the owner of the house to the entry of the family of any wrong amounting to a crime and
accused. demanding money or imposing any other
ƒ Dwelling: any building or structure exclusively condition, even though not unlawful and the
devoted for rest and comfort, depends upon offender attained his purpose.
use; maybe a room; implied prohibition 2. By making such threat without the offender
depending on circumstances attaining his purpose.
ƒ Implied prohibition is present considering 3. By threatening another with the infliction upon his
the following situation. Ex. Felony was person, honor or property or that of his family of
committed late at night and everyone’s any wrong amounting to a crime, the threat not
asleep or entrance was made through the being subject to a condition. .
window.
ƒ Prohibition is not necessary when ƒ Aggravating circumstances: (1) if made in
violence or intimidation is employed by the writing, or (2) made through a middleman.
offender. ƒ The crime is frustrated if the threat was not
ƒ When there is no overt act of the crime received by the person being threatened.
intended to be committed (Ex. theft), the ƒ Threat not made in heat of anger, because such
crime is trespass to dwelling. threat would be punished as “Other Light
ƒ Trespass may be committed even by the Threats”
owner of the dwelling against the actual ƒ Grave threats may be committed by indirect
occupant thereof. challenge to a gun fight, even if complainant was
absent when challenge was made; it is sufficient
NOT APPLICABLE TO: that threats came to knowledge of offended party
ƒ entrance is for the purpose of preventing ƒ Threats made in connection with the commission
harm to himself, the occupants or a third of other crimes are absorbed by the latter
person; ƒ The offender in grave threats does not demand
ƒ purpose is to render some service to the delivery on the spot of the money or other
humanity or justice; and personal property asked by him
ƒ place is a café, tavern, etc. while it is open.

Medina case: When the accused entered the ARTICLE 283. LIGHT THREATS.
dwelling through the window, he had no intent to kill
any person inside. His intention to kill came to his ELEMENTS:
mind when he was being arrested by the occupants 1. That the offender makes a threat to commit a
thereof. Hence, the crime of trespass to dwelling is a wrong;
separate and distinct offense from frustrated 2. That the wrong does not constitute a crime;
homicide. 3. That there is a demand for money or that other
condition is imposed, even though not unlawful.

ARTICLE 281. OTHER FORMS OF TRESPASS ƒ In light threats, the wrong threatened does not
amount to a crime.
ELEMENTS: ƒ Requires that there be a demand of money or
1. That the offender enters the closed premises that other condition be imposed
or the fenced estate of another; ƒ Blackmailing may be punished under this
2. That the entrance is made while either of them is provision
uninhabited;
3. That the prohibition to enter be manifest; and

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ARTICLE 284. BOND FOR GOOD BEHAVIOR 3. That the seizure of the thing be accomplished by
means of violence or a display of material
ƒ The person making the threats under the 2 force producing intimidation; and
preceding articles (grave and light threats) may 4. That the purpose of the offender is to apply the
also be required by the court to give bail same to the payment of the debt.
conditioned upon the promise not to molest the
person threatened. Par. 2
ƒ Any other coercion or unjust vexation

ARTICLE 285. OTHER LIGHT THREATS ƒ Paragraph 2 of Art. 287 covers unjust vexation.
It includes any human conduct which, although
ACTS PUNISHABLE: not productive of some physical or material
1. By threatening another with a weapon, or by harm would, however, unjustly annoy or vex an
drawing a weapon in a quarrel, unless it be in innocent person.
lawful self-defense. ƒ Light coercion under the 1st paragraph of this
2. By orally threatening another, in the heat of article will only be unjust vexation if the 3rd
anger, with some harm constituting a crime, element (employing violence or intimidation) is
without persisting in the idea involved in the absent.
threat.
3. By orally threatening another with harm not
constituting a felony. ARTICLE 288. OTHER SIMILAR COERCIONS –
(COMPULSORY PURCHASE OF MERCHANDISE
ƒ No demand for money or condition involved AND PAYMENT OF WAGES BY MEANS OF
ƒ Threat is not deliberate TOKENS)

ARTICLE 286. GRAVE COERCIONS ACTS PUNISHED:


1. By forcing or compelling, directly or indirectly,
ELEMENTS: or knowingly permitting the forcing or compelling
1. That a person… of the laborer or employee of the offender to
a. prevented another from doing something not purchase merchandise or commodities of any
prohibited by law or kind from him.
b. compel him to do something against his will, 2. By paying the wages due his laborer or
be it right or wrong employee by means of tokens or objects other
2. Violence, threats or intimidation, either material than the legal tender currency of the
force or such display of force as would produce Philippines, unless expressly requested by
intimidation and control of the will. such laborer or employee.
3. Without authority of law
ELEMENTS OF NO. 1:
Aggravating circumstances: 1. That the offender is any person , agent or officer
1. Violation of the exercise of the right of suffrage of any association or corporation.
2. Compelling another to perform a religious act or 2. That he or such firm or corporation has employed
3. preventing another from exercising such right or laborers or employees
from doing such act (as amended by RA. 7890) 3. That he forces or compels, directly or indirectly,
or knowingly permits to be forced or compelled,
ƒ The thing prevented from execution must not be any of his or its laborers or employees to
prohibited by law. Otherwise, there will be no purchase merchandise or commodities of any
coercion. kind from him or from said firm or corporation.

ELEMENTS OF NO. 2:
ARTICLE 287. LIGHT COERCIONS 1. That the offender pays the wages due a laborer
or employee employed by him by means of
ELEMENTS of par. 1: tokens or objects
1. That the offender must be a creditor; 2. That those tokens or objects are other than the
2. That he seizes anything belonging to his legal tender currency of the Philippines.
debtor;

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3. That such employee or laborer does not 2. That he learns the secrets of his principal or
expressly request that he be paid by means of master in such capacity; and
tokens or objects. 3. That he reveals such secrets.

ARTICLE 289. FORMATION, MAINTENANCE, AND ƒ Damage is not required by this article.
PROHIBITION OF COMBINATION OF CAPITAL OR
LABOR THROUGH VIOLENCE OR THREATS ARTICLE 292. REVELATION OF INDUSTRIAL
SECRETS
ELEMENTS:
1. That the offender employs violence or threats, ELEMENTS:
in such a degree as to compel or force the 1. That the offender is a person in charge,
laborers or employers in the free and legal employee or workman of a manufacturing or
exercise of their industry or work; and industrial establishment;
2. That the purpose is to organize, maintain or 2. That the manufacturing or industrial
prevent coalitions of capital or labor, strike of establishment has a secret of the industry which
laborers or lockout of employees. the offender has learned;
3. If the act shall not constitute a more serious 3. That the offender reveals such secrets; and
offense. 4. That prejudice is caused to the owner.

ƒ Prejudice is an essential element of this offense


Chapter Three. DISCOVERY AND REVELATION
OF SECRETS

TITLE TEN
ARTICLE 290. DISCOVERING SECRETS CRIMES AGAINST PROPERTY
THROUGH SEIZURE OF CORRESPONDENCE

ELEMENTS:
1. That the offender is a private individual or even a
public officer not in the exercise of his official Chapter One. ROBBERY IN GENERAL
function;
2. That he seizes the papers or letters of another;
3. That the purpose is to discover the secrets of
such another person; and ARTICLE 293. WHO ARE GUILTY OF ROBBERY
4. That offender is informed of the contents or the
papers or letters seized. ELEMENTS of robbery IN GENERAL:
1. That there be personal property belonging to
ƒ This article is not applicable to parents with another (bienes muebles)
respect to their minor children or to spouses with 2. That there is unlawful taking of that property
respect to the papers or letters of either of them. (apoderamiento or asportacion
ƒ Contents of the correspondence need not be 3. That the taking must be with intent to gain;
secret. The purpose of the offender prevails. (animus lucrandi)
ƒ Qualifying circumstance: When the offender 4. That there is violence against or intimidation of
reveals the contents of such papers or letters to any person, or force upon anything.
a 3rd person.
ƒ This article does not require that the offended ƒ Person from whom property was taken need not
party be prejudiced. be the owner. Legal possession is sufficient.
ƒ General rule: The identity of the real owner is not
essential so long as the personal property taken
ARTICLE 291. REVEALING SECRETS WITH does not belong to the accused. Exception: If the
ABUSE OF OFFICE crime is robbery with homicide
ƒ The taking of personal property must be unlawful
ELEMENTS: in order to constitute robbery. If the property is in
1. That the offender is a manager, employee or the possession of the offender because it was
servant; given to him in trust by the owner, the crime is
estafa.

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ƒ If taking was lawful, then misappropriated after Intent to gain No intent to gain No intent to
possessionÆ crime may be malversation, gain
(estafa) Immediate Intimidation; Intimidation
ƒ As to robbery w/ violence or intimidation, from the harm promises some (effect) is
moment the offender gains possession of the future harm or immediate and
thing even if offender has had no opportunity to injury offended party
dispose of the same, the unlawful taking is is compelled to
complete. do something
ƒ As to robbery w/ force upon things, thing must be against his will
taken out of the building in order to consummate (w/n right or
robbery. wrong)
ƒ Intent to gain is presumed from unlawful taking of
personal property.
ƒ The unlawful taking must not be under the claim
ROBBERY BRIBERY
of title or ownership.
ƒ When there is no intent to gain but there is X didn’t commit crime X has committed a crime
violence in the taking, the crime is grave but is intimidated to and gives money as way
coercion. deprive him of his to avoid arrest or
ƒ The violence or intimidation must be committed property prosecution
against the person of the offended party, not Deprived of money thru Giving of money is in a
upon the thing taken. force or intimidation sense voluntary
ƒ General rule: Violence or intimidation must be Neither Transaction is voluntary
present before the “taking” is complete. and mutual
ƒ Exception: When violence results in homicide, Ex. Accused demands payment of P2.00 with threats
rape, intentional mutilation or any of the serious of arrest and prosecution, therefore, robbery because
physical injuries in paragraphs 1 and 2 of Art. 263 (a) intent to gain and (b) immediate harm
(Serious Physical injuries), the taking of the
property is robbery complexed w/ any of these PEOPLE vs. BOCALAN, G.R. No. 141527. 9/4/03
crimes under Art. 294, even if the taking is
already complete when violence was used by the For the appellant to be guilty of consummated
offender. robbery, there must be incontrovertible proof that
ƒ Use of force upon things is entrance to the property was taken from the victim. The appellant is
building by means described in Arts. 299 and guilty of attempted robbery only when he commences
302. the commission of robbery directly by overt acts and
ƒ When both violence or intimidation and force does not perform all the acts of execution which
upon things concur in committing the crime, it is would produce robbery by reason of some causes or
robbery w/ violence against persons. accident other than his own spontaneous desistance.
ƒ If not personal property but real property or rights
Æ crime may be usurpation ARTICLE 294. ROBBERY WITH VIOLENCE
ƒ Theft, not robbery, where accused cut with bolo AGAINST OR INTIMIDATION OF PERSONS
the strings tying opening of a sack and then took
the palay ACTS PUNISHED AS ROBBERY WITH VIOLENCE
ƒ RA 6539 is applicable when property taken in AGAINST OR INTIMIDATION OF PERSONS:
robbery is a motor vehicle (Carnapping: taking 1. When by reason or on occasion of the robbery,
with intent to gain of motor vehicle belonging to homicide is committed;
another without the latter’s consent, or by means 2. When the robbery is accompanied w/ rape or
of violence against or intimidation of persons or intentional mutilation or arson;
by using force upon things; Unqualified -14years 3. When by reason or on occasion of robbery, any
and 8 months to 17 years and 4 months; of the physical injuries resulting in insanity,
violence/force upon things -17 years and 4 imbecility, impotency, or blindness is inflicted;
months to 30 years; occupant killed or raped – 4. When by reason of or on occasion of the robbery,
reclusion perpetua to death) serious physical injuries resulting in the loss of
the use of speech, or the power to hear or to
ROBBERY GRAVE GRAVE smell, or the loss of an eye, hand, foot, arm,
W/ THREATS COERCION leg, or the loss of the use of any such member
VIOLENCE

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or incapacity for work in w/c victim is habitually Well entrenched in this jurisprudence is the doctrine
engaged is inflicted; that when homicide takes place as a consequence or
5. If the violence / intimidation employed in on occasion a robbery, all those who took part in the
committing the robbery shall have been carried robbery are guilty as principals in the special complex
to a degree clearly unnecessary for the crime; crime of robbery with homicide, even if they did not
6. When in the course of its execution, offender actually took part in the homicide. The only exception
inflicts upon any person not responsible for the is when it is clearly shown that the accused
commission of robbery any of the physical endeavored to prevent the unlawful killing.
injuries resulting to deformity, loss of any part
of the body or the use thereof, or illness or
incapacity for the performance of the work for PEOPLE vs. HIJADA, G.R. No. 123696. 311/04
> 90 days or > 30 days; There is no crime of Robbery with Multiple Homicide
7. If the violence employed does not cause any under the Revised Penal Code. The crime is Robbery
serious physical injuries defined in Art. 263, or with Homicide notwithstanding the number of
if offender employs intimidation only. homicides committed on the occasion of the robbery
and even if murder, physical injuries and rape were
SPECIAL COMPLEX CRIMES WITH SPECIFIC also committed on the same occasion.
PENALTIES PRESCRIBED:
1. Robbery with homicide is committed if original
design is robbery and homicide was committed ARTICLE 295. ROBBERY WITH PHYSICAL
although homicide precedes the robbery by an INJURIES, COMMITTED IN AN UNINHABITED
appreciable time. If original design is not robbery PLACE AND BY A BAND, OR WITH THE USE OF
but robbery was committed after homicide as FIREARM ON THE STREET, ROAD, OR ALLEY
an afterthought, offender committed 2 separate
offenses of robbery and homicide. The crime QUALIFYING CIRCUMSTANCES IN ROBBERY
is still robbery with homicide if the person killed WITH VIOLENCE OR INTIMIDATION OF
was an innocent bystander and not the person PERSONS:
robbed and even if the death supervened by If any of the offenses defined in subdivisions 3, 4 and
mere accident. 5 of Art. 294 is committed -
2. In robbery with rape, the intent to commit 1. in an uninhabited place, or
robbery must precede rape. Prosecution of the 2. by a band, or
crime need not be by the offended party and 3. by attacking a moving train, street car,
the fiscal can sign the information. When rape motor vehicle or airship, or
and homicide co-exist in a robbery, rape should 4. by entering the passenger’s compartments
be considered as aggravating only and the in a train, or in any manner taking the
crime is still robbery with homicide. passengers thereof by surprise in the
3. Robbery with intimidation is committed when respective conveyances, or
the acts done by the accused, by their own 5. on a street, road, highway or alley and the
nature or by reason of the circumstances, inspire intimidation is made with the use of firearms.
fear in the person against whom the acts are
directed. ƒ The qualifying circumstances of robbery with
violence or intimidation must be alleged in the
PEOPLE vs. COMILING, G.R. No. 140405. 3/4/04 information and proved during the trial.
ƒ Being qualifying circumstances, they cannot be
As correctly stressed by the Solicitor General,
offset by generic mitigating circumstances.
robbery with homicide is a “special complex crime.” It
ƒ This article will not apply to the special
is enough that in order to sustain a conviction for this
complex crimes of robbery w/ homicide, w/
crime, the killing, which is designated as “homicide,”
rape, or w/ serious physical injuries under
has a direct relation to the robbery, regardless of
paragraph 1 of Art. 263.
whether the latter takes place before or after the
killing. For as long as the killing occurs during or
because of the heist, even if the killing is merely
ARTICLE 296. DEFINITION OF A BAND AND
accidental, robbery with homicide is committed.
PENALTY INCURRED BY MEMBERS THEREOF.

PEOPLE vs. BOLINGET, G.R. Nos. 137949-52.


12/11/03

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When at least four armed malefactors take part in ELEMENTS of robbery with force upon things
the commission of a robbery, it is deemed committed under subdivision (a):
by a band. 1. That the offender entered (a) an inhabited
house, or (b) public building, or (c) edifice
Requisites for liability for the acts of the other devoted to religious worship;
members of the band: 2. That the entrance was effected by any of the
1. That the accused was a member of the following means:
band; a. Through an opening not intended for
2. That he was present at the commission of a entrance or egress,
robbery by that band; b. By breaking any wall, roof, or floor or
3. That the other members of the band breaking any door or window,
committed an assault; and c. By using false keys, picklocks or
4. That he did not attempt to prevent the similar tools, or
assault. d. By using any fictitious name or
ƒ Conspiracy is presumed when 4 or more armed pretending the exercise of public
persons committed robbery. authority; and
ƒ In robbery committed by a band, all are liable for 3. That once inside the building, the offender
any assault committed by the band, unless the took personal property belonging to
others attempted to prevent the assault. another with intent to gain.

ƒ Inhabited house is any shelter, ship or vessel


ARTICLE 297. ATTEMPTED OR FRUSTRATED constituting the dwelling of one or more person
ROBBERY WITH HOMICIDE even though temporarily absent therefrom
when robbery is committed. It includes
ƒ Same penalty, whether robbery is attempted or dependencies, courts, corals, barns, etc. It does
frustrated, as long is homicide is committed by not include orchards and lands for cultivation.
reason or on occasion thereof. ƒ In robbery by use of force upon things, it is
ƒ Where the offense is attempted or frustrated necessary that offender enters the building or
robbery with serious physical injuries, Art. 48 where object may be found. When there was no
(complex crimes) is applicable. entry, no robbery was committed.
ƒ Whole body must be inside the house, public
building or place devoted to worship to constitute
entering.
ARTICLE 298. EXECUTION OF DEEDS BY MEANS ƒ In entering the building, the offender must have
OF VIOLENCE OR INTIMIDATION an intention to take personal property (People
vs. Tayag).
ELEMENTS: ƒ Public building includes every building owned,
1. That the offender has intent to defraud rented or used by the government although
another; owned by private persons or temporarily vacant.
2. That the offender compels him to sign, ƒ Passing through an open door but getting out of
execute, or deliver any public instrument a window is not robbery but theft.
or document; and ƒ To constitute robbery, the outside door must be
3. That the compulsion is by means of violence broken or smashed. If the lock was merely
or intimidation. removed or door was merely pushed, crime is
only theft.
ƒ This article is not applicable if the document is ƒ False keys are genuine keys stolen from the
void. owner or any keys other than those intended by
ƒ Applies even if document signed, executed or the owner for use in the lock w/c was forcibly
delivered is a private or commercial document. opened by the offender.
ƒ Picklocks are those specially adopted for
commission of the robbery.
ARTICLE 299. ROBBERY IN AN INHABITED ƒ The key must have been stolen not by force.
HOUSE OR PUBLIC BUILDING OR EDIFICE Otherwise, it’s robbery by violence and
DEVOTED TO WORSHIP. intimidation against persons.

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ƒ False key must have been used in opening ARTICLE 300. ROBBERY IN AN UNINHABITED
house and not any furniture inside. Otherwise, PLACE AND BY A BAND.
the crime is only theft.
ƒ General Rule: If false key/picklock was used to ƒ Robbery in an inhabited house, public building or
open an inside door (Ex. door of a room) and edifice devoted to religious worship is qualified
offender took personal property, the crime is only when committed by a band and in an
theft. uninhabited place.
ƒ Exception: If the room is a separate dwelling
place, crime is robbery. ARTICLE 301. WHAT IS AN INHABITED HOUSE,
ƒ The use of fictitious name or the act of pretending PUBLIC BUILDING OR BUILDING DEDICATED TO
to exercise authority must be committed for the RELIGIOUS WORSHIP AND THEIR
purpose of entering the building. DEPENDENCIES

ELEMENTS of robbery with force upon things ƒ Dependencies of an inhabited house, public
under subdivision (b): building or building dedicated to religious worship
1. That the offender is inside a dwelling house, are all interior courts, corrals, warehouses,
public building, or edifice devoted to religious granaries or enclosed places:
worship, regardless of the circumstances 1. contiguous to the building, having an
under which he entered it; and interior entrance connected therewith, and
2. That the offender takes personal property 2. forming part of the whole.
belonging to another with intent to gain, ƒ A garage, in order to be considered as a
under any of the following circumstances: dependency of a house, must have the 3
a. by the breaking of doors, wardrobes, foregoing requirements.
chests, or any other kind of locked or
sealed furniture or receptacle, or
b. by taking such furniture or objects ARTICLE 302. ROBBERY IN AN UNINHABITED
away to be broken or forced open PLACE OR IN A PRIVATE BUILDING.
outside the place of the robbery.
ELEMENTS:
ƒ It is not necessary that entrance was made 1. That the offender entered an uninhabited
through any of the means mentioned in place or a building which was not a
subdivision (a). dwelling house, not a public building, or
ƒ Offender may be servants or guests. not an edifice devoted to religious
ƒ Destruction of keyhole of cabinet is robbery worship;
under this subsection. 2. That any of the following circumstances was
ƒ When sealed box is taken out for the purpose of present:
breaking it, crime is already consummated a. That entrance was effected through an
robbery. There is no need to actually open it opening not intended for entrance or
inside the building from where it was taken. egress,
ƒ But if the box was confided into the custody of b. A wall, roof, floor, or outside door or
accused and he takes the money contained window was broken,
therein, the crime is estafa. c. The entrance was effected through the
ƒ The crime is theft if the box was found outside use of false keys, picklocks or other
of the building and the accused forced it open. similar tools,
d. A door, wardrobe, chest, or any sealed or
Mitigating circumstance: closed furniture or receptacle was
1. Offenders do not carry arms and the value of broken; or
the property taken exceeds 250 pesos. e. A closed or sealed receptacle was
2. Offenders are armed, but the value does not removed, even if the same be broken
exceed 250 pesos. open elsewhere; and
3. Offenders do not carry arms and the value 3. That with intent to gain, the offender took
does not exceed 250 pesos Æ penalty of a) therefrom personal property belonging to
or b) in minimum period. another.
4. Committed in dependencies
ƒ This article covers the second kind of robbery
with force upon things.

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ƒ Uninhabited place under this article is an


uninhabited building w/c is not a dwelling house,
public building, or edifice for worship. Ex.
warehouse, freight car, store.
Chapter Two. BRIGANDAGE
ƒ Robbery under this article is committed in the
same manner as in Art. 299 (Robbery in
inhabited house, public building, and edifice
devoted to religious worship) except that what
was entered into was an uninhabited place or ARTICLE 306. WHO ARE BRIGANDAGS;
a bldg. other than the 3 mentioned in Art. 299. PENALTY.
The use of fictitious name or pretending the
exercise of public authority is not also There is brigandage when –
included in this article. 1. at least four armed persons,
ƒ The breaking of padlock but not of the door is 2. band of robbers, and
only theft. 3. their purpose is any of the ff:
a. Robbery in the highway
b. Kidnapping for extortion or ransom
ARTICLE 303. ROBBERY OF CEREALS, FRUITS, c. Any other purpose to be obtained by
OR FIREWOOD IN AN UNINHABITED PLACE OR means of force and violence.
PRIVATE BUILDING ƒ All the members of the band are presumed
brigands if any of them carries an unlicensed
ƒ When the robbery described in Arts. 299 and 302 firearm.
consists in the taking of cereals, fruits, or
firewood, the penalty is one degree lower.

BRIGANDAGE ROBBERY IN BAND


Purposes are as Only to commit robbery,
ARTICLE 304. ILLEGAL POSSESSION OF enumerated in Art. 306 not necessarily in hi-way
PICKLOCKS OR SIMILAR TOOLS Mere formation of a If the purpose is to
band for the above commit a particular
ELEMENTS: purpose robbery, it is necessary
1. That the offender has in his possession to prove that band
picklocks or similar tools; actually committed
2. That such picklocks or similar tools are robbery
specially adopted to the commission of
robbery; and
3. That the offender does not have lawful
cause for such possession. ARTICLE 307. AIDING AND ABETTING A BAND
OF BRIGANDS
ƒ Actual use of the picklocks or similar tools is not
necessary.
ELEMENTS:
1. That there is a band of brigands;
2. That the offender knows the band to be of
ARTICLE 305. FALSE KEYS.
brigands; and
3. That the offender does any of the following
FALSE KEYS include: acts:
1. picklocks or similar tools, a. he in any manner aids, abets or
2. genuine keys stolen from the owner; and protects such band of brigands, or
3. any key other than those intended by owner b. he gives them information of the
for use in the lock forcibly opened by the movements of the police or other
offender. peace officers of the Government, or
ƒ Possession of false keys in paragraphs (b) and c. he acquires or receives the property
(c) above is not punishable. taken by such brigands.
ƒ If the key was entrusted to the offender and he
used it to steal, crime is not robbery but theft.

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ƒ P. D. No. 532 defines brigandage as the seizure he took personal property of another with intent
of any person for: (a) ransom; (b) extortion or to gain.
other unlawful purpose; or (c) the taking away of ƒ Trust, Commission, Administration: Juridical
property by violence or intimidation or force upon possession of thing transferred to another
things or other unlawful means, committed by ƒ If only custody of object (i.e. only material
any person on any Philippine highway. possession) was given to the accused and it is
actually taken by him with no intent to return, the
ƒ The Anti-Carnapping Act defines crime is theft. But if juridical possession is
carnapping as the taking, with intent to gain, transferred (Ex., by a contract of bailment) is
of a motor vehicle belonging to another given to the accused and he takes the property
without the latter’s consent, or by means of with intent to gain, the crime is estafa.
ƒ Personal property: includes electricity and gas,
violence against or intimidation of persons,
promissory note and check. Ex. the inspector
or by using force upon things. This law also misreads the meter to profit thereby, or one using
penalizes the defacing or tampering with the a jumper
original serial number of motor vehicle ƒ Consent: freely given and not merely lack of
engines, engine blocks, and chassis. objection
ƒ Allegation in the information of the lack of the
owner’s consent is important.
ƒ Finder: may be a finder in law
Chapter Three. THEFT ƒ Theft is consummated when the offender is able
to place the thing taken under his control and in
such a situation as he could dispose of it at once
(although there is actually no opportunity to
dispose).
ƒ Servant using his employer’s car without
ARTICLE 308. THEFT permission is guilty of qualified theft although his
use thereof was only temporary. However, Reyes
says that there must be some character of
ELEMENTS: permanency in depriving owner of the use of the
1. That there be taking of personal property; object and making himself the owner. Therefore,
2. That said property belongs to another; “joyride” must be deemed as qualified theft.
3. That the taking be done with intent to gain; ƒ An employee taking his salary before it is actually
4. That the taking be done without the delivered to him is guilty of theft.
consent of the owner; and ƒ If the offender, in good faith, claims property as
5. That the taking be accomplished without the his own, no theft is committed although his
use of violence against or intimidation of claim of ownership is later found to be untrue.
persons or force upon things. However, if his claim is in bad faith, he is guilty of
theft.
ƒ “Taking”: if bulky, must be taken away(when
place surrounded by fence or wall), otherwise, PERSONS LIABLE FOR THEFT:
the moment he had full possession of thing, 1. Those who:
asportation is complete; does not need a a. with intent to gain,
character of permanency b. but w/o violence against or intimidation of
ƒ Intent to Gain – taking must be accompanied by persons nor force upon things
intention, at the time of taking, of withholding the c. take
thing with character of permanency; presumed d. personal property
from unlawful taking of personal property of e. of another
another f. w/o the latter’s consent.
ƒ Gain desired by the offender may not only be
money. It may include satisfaction, use, pleasure 2. Those who:
or any benefit; includes satisfaction of taking a. having found lost property,
revenge b. fail to deliver the same to the local
ƒ It is not required that the offender realized authorities or its owner.
actual gain in committing theft. It is sufficient that

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ƒ Retention of money/property found is theft. What 2. Extracting or removing the gold from such
is punished is retention or failure to return with ores or rocks and treat such ores and rocks
intent to gain. to recover and extract the gold therefrom
ƒ The offender’s knowledge of the identity of the without the consent of the operator of the
owner of the property is not required. His mining claim.
knowledge that the property is lost is enough.
ƒ The finder of the lost property is liable for his HIGHGRADING – selling
deliberate failure to return the lost property, he
knowing that the property does not belong to him. P.D. NO. 401 PUNISHES THE USE OF TAMPERED
WATER OR ELECTRICAL METERS TO STEAL
3. Those who: WATER OR ELECTRICITY.
a. after having maliciously damaged the ACTS PUNISHABLE:
property of another, 1. unauthorized installation of water, electrical
b. remove or make use of the fruits or or telephone connections,
object of the damage caused by them. 2. the use of tampered water or electrical
ƒ Killing the cattle of another which destroyed meters to steal water or electricity,
his(offender’s) property and getting meat for 3. the stealing or pilfering of water and/or
himself is theft. electrical meters, electric and/or telephone
wires, and
4. Those who hunting, fishing or gathering 4. knowingly possessing stolen or pilfered water
fruits, etc. in enclosed estate and/or electrical meters, and stolen or
pilfered electric and/or phone wires.

ELEMENTS(Par. 3 of Art 308): WAYS OF COMMITTING THEFT OF ELECTRICITY


1. That there is an enclosed estate or a field (OTHER THAN BY ILLEGAL INSTALLATIONS):
where trespass is forbidden or which belongs 1. turning back the dials of the electric meter,
to another; 2. fixing the electric meter so it will not register
2. That the offender enters the same; the actual electric consumption,
3. That the offender hunts or fishes upon the 3. under-reading of electric consumption, and
same or gathers fruits, cereals or other forest 4. tightening screw of rotary blades to slow
or farm products in the estate or field; and down their rotation.
4. That the hunting or fishing or gathering of
products is without the consent of the owner. ARTICLE 309. PENALTIES FOR THEFT

ƒ The fishing in this article is not in the fishpond ƒ The basis of the penalty in theft is: (1) the value
or fishery. If the fish is taken from a fishpond or of the thing stolen, and in some cases, (2) the
a fishery, the crime is qualified theft. value and also the nature of the property taken,
or (3) the circumstances or causes that impelled
the culprit to commit the crime.
P.D. NO. 534 PUNISHES ILLEGAL FISHING
COMMITTED BY–
1. Any person to catch, take or gather or cause
to be caught, taken or gathered fish in ARTICLE 310. QUALIFIED THEFT
Philippine waters with the use of explosives,
obnoxious or poisonous substances or by Theft is qualified if -
the use of electricity; and 1. It is committed by a domestic servant, or
2. Any person who knowingly possesses, 2. Committed with grave abuse of confidence,
deals in, sells or in any manner disposes or
of, for profit, any fish, fishery/aquatic 3. The property stolen is a:
products w/c have been illegally caught. a. motor vehicle,
b. mail matter,
P.D. NO. 581 PUNISHES “HIGHGRADING” OR c. large cattle,
THEFT OF GOLD COMMITTED BY – d. coconut from the premises of a
1. Taking gold-bearing ores from a mining claim plantation,
or mining camp, or removing, collecting or e. fish from a fishpond or fishery, or
gathering gold-bearing ores or rocks in place;

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4. Committed on the occasion of calamities,


vehicular accident and civil disturbance.
ELEMENTS of fencing:
ƒ “Grave abuse of confidence” necessitates a
1. The crime of robbery or theft has been
high degree of confidence b/w the offender and
committed;
the offended party. (Ex. guests). Hence, when
2. The accused, who is not a principal or an
there is no confidence b/w the parties, the crime
accomplice in the crime of robbery/theft, in
is not qualified theft.
any manner deals in any property which
ƒ Theft is qualified if it is committed by one who
has been derived from the proceeds of the
has access to the place where stolen property is
said crime;
kept. (Ex. security guards, tellers)
3. The accused knows or should have known
ƒ Novation theory (i.e. the victim’s acceptance of
that the said property has been derived from
payment converted the offender’s liability to a
theft/robbery; and
civil obligation) applies only if there is a
4. The accused has intent to gain.
contractual relationship b/w the accused and
ƒ Possession of stolen goods is prima facie
the complainant.
evidence of guilt
ƒ When the accused treated the deed of sale as
ƒ For those engaged in sale of used secondhand
sham and he had intent to gain, his absconding
articles – requires clearance and permit to sell
with the object of the sale is qualified theft.
ƒ When a PUV in “boundary” system entrusted to
the offender is sold to another, the crime is theft.
ARTICLE 311. THEFT OF PROPERTY OF THE
On the other hand, if the motor vehicle is not
NATIONAL LIBRARY AND NATIONAL MUSEUM
used for public utility in “boundary” system but
under contract of lease, the crime is estafa.
ƒ Theft of property on National Library and
Museum has a fixed penalty regardless of
its value.
ANTI-CATTLE RUSTLING LAW

Chapter Four. USURPATION


ƒ CATTLE RUSTLING is the taking away by any
means, method or, scheme, without the consent
of the owner, of animals classified as large cattle
whether or not for profit or gain, or whether
committed with or without violence against or
intimidation of any person or force upon things. It ARTICLE 312. OCCUPATION OF REAL
includes the killing of large cattle, or taking its PROPERTY OR USURPATION OF REAL RIGHTS
meat/hide without the consent of the owner. IN PROPERTY
ƒ Large cattle includes cow, carabao, horse, mule,
ass, or other domesticated member of the bovine ELEMENTS:
family. 1. That the offender takes possession of any
ƒ Qualifying circumstances: real property or usurps any real rights in
1. Cattle-rustling is committed with violence property;
against or intimidation of persons or force 2. That the real property or real rights belong to
upon things; and another;
2. A person is seriously injured or killed as a 3. That violence against or intimidation of
result or on occasion of cattle-rustling. persons is used by the offender in occupying
real property or usurpation real rights in
P.D. 330 punishes timber smuggling from, and property; and
illegal cutting of logs in, public forests and forest 4. That there is intent to gain.
reserves as qualified theft.

ANTI-FENCING LAW Article 313. Altering boundaries or landmarks.

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ELEMENTS: ƒ There must be an existing obligation of the


1. That there be boundary marks or offender to deliver even if the property to be
monuments of towns, provinces, or estates, delivered is not a subject of lawful commerce.
or any other marks intended to designate the ƒ When thing delivered has not been fully or
boundaries of the same; and partially paid for, there is no estafa.
2. That the offender alters said boundary ƒ When there was no agreement as to quality
marks. and delivery was unsatisfactory, there is no
estafa.

ELEMENTS OF ESTAFA WITH ABUSE OF


Chapter Five. CULPABLE INSOLVENCY
CONFIDENCE:
1. That money, goods, or other personal
property be received by the offender in trust,
or on commission, or for administration, or
under any other obligation involving the
ARTICLE 314. FRAUDULENT INSOLVENCY duty to make delivery of, or to return, the
same;
ELEMENTS: 2. That there be misappropriation or
1. Offender is a debtor; that is, he has conversion of such money or property by
obligations due and payable; the offender, or denial on his part of such
2. Absconds with his property; and receipt;
3. Prejudice to his creditors. 3. That such misappropriation or conversion or
denial is to the prejudice of another; and
ƒ Actual prejudice to the creditors is required. 4. That there is a demand made by the
offended party to the offender.

ƒ The thing must have been received by offender


under transactions transferring juridical
possession only and not ownership.
ƒ Under PD 115 (Trust Receipts Law), the failure
Chapter Six. SWINDLING AND OTHER DECEITS to turn over to the bank the proceeds of the sale
of the goods covered by the trust receipt
constitutes estafa.
ƒ The same thing received must be returned.
Otherwise, estafa is committed.
ARTICLE 315. ESTAFA (SWINDLING). ƒ The sale on credit by the agent when it should
be sold for cash is estafa.
ƒ Estafa, being a public offense, is not affected
ELEMENTS OF ESTAFA IN GENERAL: by novation of contract. But novation, if it takes
1. Defrauded another (a) by abuse of place before criminal liability was incurred or
confidence, or (b) or means of deceit; and perhaps prior to the filing of the criminal
2. That damage or prejudice capable of information in court by state prosecutors, relieves
pecuniary estimation is caused to the offender from incipient criminal liability.
offended party or third person. ƒ Misappropriating means taking something for
one’s own benefit.
ELEMENTS OF ESTAFA WITH ƒ Converting is the act of using or disposing of
UNFAITHFULNESS: another’s property as if it was one’s own. It may
1. Offender has an onerous obligation to also mean the devotion of a thing for a purpose
deliver something of value; or use different from that agreed upon.
2. That he alters its substance, quantity, or ƒ Prejudice to another is necessary. However, it is
quality; and not necessary that offender should obtain
3. That damage or prejudice is caused to gain.
another. ƒ General Rule: Between partners, there is no
estafa of money or property received for the
ƒ Committed by altering the substance, quantity, or partnership when the business is commercial and
quality of the things to be delivered profits accrued.

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ƒ Exception: If property is received by a partner transaction when in fact he did not so


for a specific purpose and is misappropriated, participate.
estafa is committed.
ƒ Failure to account after demand is a
circumstantial evidence of misappropriation. ELEMENTS OF ESTAFA BY MEANS OF DECEIT:
ƒ Demand is not a condition precedent to the 1. That there must be a false pretense,
existence of estafa when the misappropriation fraudulent act or fraudulent means.
may be established by other proof. 2. That such false pretense, fraudulent act or
ƒ In theft, upon delivery of the thing to the fraudulent means must be made or executed
offender, the owner expects an immediate prior to or simultaneously with the
return of the thing to him. If owner does not commission of the fraud;
expect immediate return, crime is estafa. 3. That the offended party must have relied on
ƒ A servant, domestic, or employee who the false pretense, fraudulent act, or
misappropriates a thing he received from his fraudulent means, that is, he was induced to
master is guilty of qualified theft, not estafa. part with his money or property because
ƒ When in the prosecution for malversation the of the false pretense, fraudulent act, or
public officer is acquitted, the private individual fraudulent means; and
allegedly in conspiracy with him may be held 4. That as a result thereof, the offended party
liable for estafa. suffered damage.

Estafa with Abuse of Malversation ƒ There must be evidence that the pretense of the
Confidence accused that he possesses power/influence is
Offenders are entrusted Offenders are false.
with funds or property & is entrusted with funds or
a continuing offense property & is a ELEMENTS OF ESTAFA BY POSTDATING A
continuing offense CHECK OR ISSUING A CHECK IN PAYMENT OF
Funds: always private Funds: public funds or AN OBLIGATION:
property 1. That the offender postdated a check, or
issued a check in payment of an obligation;
Offender: private Offender: public
and
individual, or public officer accountable for
2. That such postdating or issuing a check was
officer not accountable public funds
done when the offender had no funds in the
for public funds
bank or his funds deposited therein were not
Committed by Committed by
sufficient to cover the amount of the check.
misappropriating, appropriating, taking,
converting, denying misappropriating
ƒ Good faith is a defense in a charge of estafa by
having received money
postdating or issuing a check.
ƒ The drawer’s failure to deposit the amount
necessary to cover the issued check within 3
ELEMENTS OF ESTAFA BY TAKING UNDUE days from notice of dishonor is prima facie
ADVANTAGE OF THE SIGNATURE IN BLANK: evidence of deceit.
1. That the paper with the signature of the ƒ If the check was issued in payment of pre-
offended party be in blank; existing debt, there is no estafa.
2. That the offended party should have ƒ Offender must be able to obtain something
delivered it to offender; from the offended party by means of the check
3. That above the signature of the offended he issues and delivers.
party a document is written by the offender ƒ If postdating a check issued as mere
without authority to do so; and guarantee/promissory note, there is no estafa.
4. That the document so written creates a
liability of, or causes damage to, the
offended party or any third person.

ƒ If the paper with signature in blank was stolen, B.P. 22 (BOUNCING CHECKS LAW)
the crime is falsification if the offender made it
appear that the victim participated in a

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ELEMENTS of offense defined in the 1st PAR. of check was not issued for account or value.
Sec.1 of BP 22: (Wong vs. CA, 2001)
1. That a person makes or draws and issues ƒ BP22 does not state that the issuer must
any check; maintain funds for only 90 days. That the check
2. That the check is made or drawn and issued must be deposited within 90 days is merely one
to apply on account or for value; of the conditions for the presumption of
3. That the person who makes or draws and knowledge of insufficiency. It is not an element of
issues the check knows at the time of issue the offense. Where presentment was after 90
that he does not have sufficient funds in or days, only the presumption was lost. Knowledge
credit with the drawee bank for the payment could still be proven by evidence. By current
of such check in full upon its presentment; banking practice, the check must be presented
4. That the check is subsequently dishonored within 180 days. Afterwards it becomes stale.
by the drawee bank for insufficiency of funds Presentment after 180 days is then a defense.
or credit, or would have been dishonored (Wong vs. CA)
for the same reason had not the drawee, ƒ Payee’s knowledge of insufficiency of funds is
without any valid reason, ordered the bank to immaterial, because deceit is not an element of
stop payment. BP22. The exception is when there was no
intention to apply said checks for account or for
ELEMENTS of offense defined in the 2nd PAR of vale. (Young vs. CA, 2005)
Se.c.1 of BP 22: ƒ Responsibility under BP22 is personal to the
1. That a person has sufficient funds in or accused. Hence, the notice must also be
credit with the drawee bank when he makes personal. Thus, if the issuer is a corp. officer,
or draws and issues a check; notice to the corp. is not notice to the officer.
2. That he fails to keep sufficient funds or to (Marigomen vs. People, 2005)
maintain a credit to cover the full amount of
the check if presented within a period of Notes on SC Admin. Circular 12-2000:
90 days from the date appearing thereon; 1. The circular provides that in a BP22
and conviction, the judge, in his discretion, may
3. That the check is dishonored by the drawee impose fine alone, without imprisonment.
bank. 2. The fine should be not less than but nor
more than double the amount of the
Evidence of knowledge of insufficiency of funds: dishonored checks.
1. Making, drawing and issuance of check 3. The circular is not a penal law, hence there is
which is refused no retroactivity in favor of the accused. The
2. Prima facie evidence of knowledge of circular applies only to cases pending at its
insufficiency of funds; Requisites: effectivity. (Joya vs. Galvez, 2003)
a. Check presented within 90 days, 4. The circular merely lays down a rule of
b. Dishonored, and preference. It does not amend BP22. It
c. c. Failure to make good the check within merely urges the courts to take into account
5 banking days after receiving written not only the purpose of the law but also the
notice of dishonor circumstances of the accused—whether
he acted in good faith or on clear mistake of
ƒ The presumption of knowledge can exist only faith without taint of negligence. Thus,
after it is proved that the issuer had received the imprisonment may still be imposed. (Joya vs.
notice of dishonor. The prosecution must prove Galvez, 2003)
receipt, i.e. registered mail, or authenticated ƒ Absence of the notice merely prevents the
signature on registry return receipt. The registry presumption of knowledge of insufficiency. The
receipt alone is insufficient. Testimony or affidavit prosecution must then prove knowledge with
of person mailing the letter is required. (Ting vs. evidence. Thus, the notice is NOT a prerequisite
CA, 2000) for a BP22 prosecution. (Young vs. CA, 2005)
ƒ Verbal notice of dishonor is insufficient. Must be
written. (Domagsang vs. CA, 2000)
ƒ What the law prohibits is issuance. The purpose
or conditions of issuance is immaterial. Issuance
is malum prohibitum. That the check was
issued as a guarantee is immaterial, unless the

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either drawn or issued in the Philippines though


ArtICLE 315. par. 2 (d) Postdating a check payable outside thereof.
Q: MM issued to CC a check as payment for a car ESTAFA BY OBTAINING FOOD OR CREDIT AT
MM previously bought from CC. When the check HOTELS, INNS, RESTAURANTS ETC.
was presented for payment, the same was
dishonored for insufficiency of funds. CC filed a 3 ways of committing estafa under this provision:
case of estafa under Art. 315 par. 2 (d) against 1. By obtaining food, refreshment or
MM. Will the action prosper? accommodation at a hotel, inn, restaurant,
A: NO. To constitute estafa under this provision, the boarding house, lodging or apartment house
act of postdating or issuing a check in payment of without paying therefor, with intent to defraud
an obligation must be the efficient cause of the proprietor or manager thereof;
defraudation, and as such it should be either prior 2. By obtaining credit at any of the said
to or simultaneous with the act of fraud. The establishments by the use of any false
offender must be able to obtain money or property pretense; and
from the offended party because of the issuance of 3. By abandoning or surreptitiously removing
a check whether postdated or not. That is, the any part of his baggage from any of the said
latter would not have parted with his money or establishments after obtaining credit, food,
other property were it not for the issuance of the refreshment or accommodation therein,
check. without paying therefor.
An acquittal or conviction of the drawer under the
ELEMENTS OF ESTAFA BY INDUCING ANOTHER
Revised Penal Code is not a bar to his
TO SIGN ANY DOCUMENT:
prosecution or conviction under BP 22, because 1. That the offender induced the offended party
the latter law requires the additional fact of the to sign a document;
drawer’s knowledge of lack of insufficiency of 2. That deceit be employed to make him sign
funds. the document;
BOUNCING CHECKS LAW (B.P. 22) 3. That the offended party personally signed
Q: If a check is presented for payment 90 days after the document; and
date of issue, is the drawer thereof absolved from 4. That prejudice be caused.
criminal liability for B.P. 22?
A: NO, only the presumption of knowledge of ƒ If offended party willingly signed the document
insufficiency of funds was lost, but such knowledge but there was deceit as to the character or
could still be proven by direct or circumstantial contents of the document, the crime is
evidence. The law does not require a maker to falsification. But where the accused made
maintain funds in his bank account for only 90 representations to mislead the complainant as to
days. It is not an element of the offense. That the the character of the document, the crime is
check must be deposited within ninety (90) days is estafa.
simply one of the conditions for the prima facie
presumption of knowledge of lack of funds to arise. ELEMENTS OF ESTAFA BY REMOVING,
Neither does it discharge petitioner from his duty to CONCEALING OR DESTROYING DOCUMENTS:
maintain sufficient funds in the account within a 1. That there be court records, office files,
reasonable time thereof. documents or any other papers;
2. That the offender removed, concealed or
If the reason for the dishonor of the check was that destroyed any of them; and
it was “drawn against uncollected deposit” and not 3. That the offender had intent to defraud
“drawn against insufficient funds”, a prosecution another.
under B.P. 22 will still prosper because just the
same, said drawer has no sufficient funds in his ƒ If there is no intent to defraud, destroying or
account to cover the amount of the check at the removing said papers is malicious mischief.
time of its presentment. ƒ Damage or prejudice as the 2nd element of any
An accommodation party is liable for BP 22 form of estafa may consist in:
because what is penalized therein is the mere 1. The offender party being deprived of his
issuance of a bouncing check. He is liable for the money or property, as a result of the
even if she was not involved in the transaction for defraudation;
which the check was issued. 2. Disturbance in property rights; or
A foreign check is covered by BP 22 provided it is 3. Temporary prejudice.

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being relieved from the obligation contracted


by him, shall sell, mortgage, or, in any other
ILLEGAL RECRUITMENT
manner, encumber the real property or
Under the Migrant Workers Act
properties with which he guaranteed the
R.A. No. 8042
fulfillment of such obligation.

ELEMENTS OF SWINDLING BY CONVEYING,


Illegal Recruitment - Any act of canvassing, SELLING, ENCUMBERING, OR MORTGAGING
enlisting, hiring, or procuring workers, including ANY REAL PROPERTY, PRETENDING TO BE THE
referring contract services, promising or advertising OWNER OF THE SAME:
for employment abroad, whether for profit or not, 1. That the thing be immovable, such as a
when undertaken by a non-licensee or non-holder of parcel of land or a building;
authority. 2. That the offender, who is not the owner of
said property, represented that he is the
Any such non-licensee or non-holder of authority owner thereof;
who, for a fee, offers and promises employment 3. That the offender should have executed an
abroad to two or more persons shall be deemed so act of ownership (selling, leasing,
engaged in illegal recruitment. encumbering or mortgaging the real
property).
Economic Sabotage: 4. That the act be made to the prejudice of the
ƒ Illegal recruitment by syndicate - committed by a owner or a third person.
group of three (3) or more persons conspiring or
confederating with one another.
ƒ Large Scale Illegal Recruitment – committed ESTAFA INFIDELITY IN THE
against three (3) or more persons. CUSTODY OF
DOCUMENTS
Penalty for Illegal Recruitment involving economic Private individual Public officer entrusted
sabotage is punishable by life imprisonment and fine was entrusted
of P500,000 to P1,000,000. Intent to defraud No intent to defraud

ARTICLE 316. OTHER FORMS OF SWINDLING. ELEMENTS of SWINDLING BY DISPOSING OF


REAL PROPERTY AS FREE FROM
ENCUMBRANCE, ALTHOUGH SUCH
ENCUMBRANCE BE NOT RECORDED:
OTHER FORMS OF SWINDLING: 1. That the thing disposed of be real property;
1. Any person who, pretending to be owner of 2. That the offender knew that the real property
any real property, shall convey, sell, was encumbered, whether the encumbrance
encumber or mortgage the same. is recorded or not.
2. Any person, who, knowing that real property 3. That there must be express representation
is encumbered, shall dispose of the same, by the offender that the real property is free
although such encumbrance be not recorded. from encumbrance; and
3. The owner of any personal property who 4. That the act of disposing of the real property
shall wrongfully take it from its lawful be made to the damage of another.
possessor, to the prejudice of the latter or
any third person. ELEMENTS of SWINDLING BY WRONGFULLY
4. Any person who, to the prejudice of another, TAKING BY THE OWNER HIS PERSONAL FROM
shall execute any fictitious contract. ITS LAWFUL POSSESSOR:
5. Any person who shall accept any 1. That the offender is the owner of personal
compensation given him under the belief that property;
it was in payment of services rendered or 2. That said personal property is in the lawful
labor performed by him, when in fact he did possession of another;
not actually perform such services or labor. 3. That the offender wrongfully takes it from
6. Any person who, while being a surety in a its lawful possessor; and
bond given in a criminal or civil action, 4. That prejudice is thereby caused to the
without express authority from the court or possessor or third person.
before the cancellation of his bond or before

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ARTICLE 319. REMOVAL, SALE OR PLEDGE OF


ELEMENTS of SWINDLING BY SELLING, MORTGAGED PROPERTY
MORTGAGING OR ENCUMBERING REAL
PROPERTY OR PROPERTIES WITH WHICH THE
OFFENDER GUARANTEED THE FULFILLMENT ELEMENTS of SELLING OR PLEDGING
OF HIS OBLIGATION AS SURETY: PERSONAL PROPERTY ALREADY PLEDGED:
1. That the offender is a surety in a bond given 1. That personal property is already pledged
in a criminal or civil action; under the terms of the Chattel Mortgage Law;
2. That he guaranteed the fulfillment of such 2. That the offender, who is the mortgagor of
obligation with his real property or such property, sells or pledges the same or
properties; any part thereof; and
3. That he sells, mortgages, or, in any other 3. That there is no consent of the mortgagee
manner encumbers said real property; written on the back of the mortgage and
4. That such sale, mortage or encumbrance is noted on the record thereof in the office of
(a) without express authority from the court, the register of deeds.
or (b) made before the cancellation of his
bond, or (c) before being relieved from the ELEMENTS of KNOWINGLY REMOVING
obligation contracted by him. MORTGAGED PERSONAL PROPERTY:
1. That personal property is mortgaged under
the Chattel Mortage Law;
2. That the offender knows that such property
ARTICLE 317. SWINDLING A MINOR is so mortgaged;
3. That he removes such mortgaged personal
ELEMENTS: to any province or city other than the one in
1. That the offender takes advantage of the which it was located at the time of the
inexperience or emotions or feelings of a execution of the mortgage;
minor; 4. That the removal is permanent; and
2. That he induces such minor (a) to assume 5. That there is no written consent of the
an obligation, or (b) to give release, or (c) to mortgagee or his executors, administrator or
execute a transfer of any property right; assignees to such removal.
3. That the consideration is (a) some loan of
money, (b) credit or (c) other personal
property; and
4. That the transaction is to the detriment of Chapter Eight. ARSON AND OTHER CRIMES
such minor. INVOLVING DESTRUCTIONS

ARTICLE 318. OTHER DECEITS


P.D. 1613 expressly repealed or amended Arts 320-
OTHER DECEITS ARE: 326, but P.D. 1744 revived Art 320 Destructive
1. By defrauding or damaging another by any arson).
other deceit not mentioned in preceding
articles; and ƒ Arson is the malicious destruction of property by
2. By interpretating dreams, making fire.
forecasts, fortune-telling, or by taking ƒ Arson committed by any person who burns or
advantage of the credulity of the public in sets fire to the property of another or to his own
any other similar manner for profit or gain. property under circumstances which expose to
danger the life or property of another
ƒ Attempted: Ex. Rags in gasoline,
ƒ Consummated: If any part of building burned
ƒ Frustrated:there is fire, but no part of hoiuse
Chapter Seven. CHATTEL MORTGAGE burned

THREE KINDS OF ARSON:


1. Arson

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2. Destructive arson; and 3. Train, Locomotive, Ship or Vessel for


3. Other cases of arson. transportation, public use, leisure,
entertainment
4. Building, factory, warehouse for service of
Public Utilities
5. Building to conceal evidence, conceal
bankruptcy, defraud creditors
A. ELEMENTS of CRIME INVOLVING 6. Arsenal/Military/General Museum
DESTRUCTION: 7. Inhabited Place
1. That the offender causes destruction of the SECTION 6 OF PD 1613: PRIMA FACIE EVIDENCE
property; and OF GUILT
2. That the destruction was done by means of: 1. If the fire started simultaneously in more than
a. explosion, one part of the building or establishment
b. discharge of electric current, 2. If substantial amount of flammable
c. inundation, substances or materials are stored within the
d. sinking or stranding of a vessel, building not of the offender nor for household
e. damaging the engine of the vessel, use
f. taking up rails from the railway track, 3. If gasoline, kerosene, petroleum or other
g. destroying telegraph wires and posts or flammable or combustible substances or
those of any other system, or materials soaked therewith or containers
h. other similar effective means of thereof, or any mechanical, electrical,
destruction. chemical, or electronic contrivance designed
to start a fire, or ashes or traces of any of the
B. ELEMENTS of BURNING ONE’S PROPERTY foregoing are found in the ruins or premises
AS A MEANS TO COMMIT ARSON: of the burned building or property
1. That the offender set fire to or destroyed 4. If the building or property is insured for
his own property; substantially more than its actual value at the
2. That the purpose of the offender in doing so time of the issuance of this policy
was to commit arson or to cause a great 5. If during the lifetime of the corresponding fire
destruction; and insurance policy more than two fires have
3. That the property belonging to another occurred in the same or other premises
was burned or destroyed. owned or under control of the offender and/or
insured
C. ELEMENTS of ARSON: 6. If shortly before the fire, a substantial portion
1. That the property burned is the exclusive of the effects insured and stored in a building
property of the offender; and or property had been withdrawn from the
2. That (a) the purpose of the offender is premises except in the ordinary course of
burning it is to defraud or cause damage to business
another, or (b) prejudice is actually caused, 7. If a demand for money or other valuable
or (c) the thing burned is a building in an consideration was made before the fire in
inhabited place. exchange for the desistance of the offender
or for the safety of the person or property of
Special aggravating circumstances in arson: the victim
1. If committed with intent to gain;
2. If committed for the benefit of another;
3. If the offender is motivated by spite or
hatred towards the owner or occupant of the Chapter Nine. MALICIOUS MISCHIEF
property burned; or
4. If committed by a syndicate.

DESTRUCTIVE ARSON:
The penalty of reclusion temporal in its maximum ARTICLE 326. MALICIOUS MISCHIEF
period to reclusion perpetua shall be imposed upon
any person who shall burn: ELEMENTS:
1. Building or Edifice 1. That the offender deliberately caused
2. Building Open to Public damage to the property of another;

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2. That such act does not constitute arson or 4. Damage to property of National Museum or
other crimes involving destruction; and National Library, archive, registry,
3. That the act damaging another’s property be waterworks, road, promenade, or any other
committed merely for the sake of damaging thing used in common by the public.
it. ƒ Qualified malicious mischief is different from
sedition because the element of tumultuous
ƒ MALICIOUS MISCHIEF: willful damaging of uprising is not present in the former crime.
another’s property for the sake of causing
damage due to hate, revenge or other evil motive
ƒ Malicious mischief cannot be committed ARTICLE 329. OTHER MISCHIEFS
through negligence because the offender acts
with a specific desire to inflict injury to another. ƒ Mischiefs not included in Art. 328 are punished
ƒ If there is no malice in causing injury, the according to the value of the damage caused.
offender incurs only civil liability. Ex. scattering human excrement in public
ƒ Damage caused may also be a diminution in building, killing of cow as an act of revenge, A
value of the property. servant who released bird from cage as act of
ƒ But if the offender used the property after hate against owner
causing damage to it, the crime is theft.
ƒ Damage in malicious mischief must not result
from a crime. (Ex. Breaking windows during ARTICLE 330. DAMAGE AND OBSTRUCTION TO
robbery is not malicious mischief.) MEANS OF COMMUNICATION
ƒ A person charged with malicious mischief may be
found guilty of damage to property through ƒ This crime is done by damaging railways,
reckless imprudence telegraph or telephone lines.
ƒ Railway system – includes electric wires, traction
VALEROSO vs. PEOPLE G.R. No. 149718. 0/29/03 cables, signal system, and other things pertaining
to railways
The elements of the crime of malicious mischief ƒ Removing rails from a railway track to cause
under Article 327 of the Revised Penal Code are: (1) destruction constitutes crime involving
That the offender deliberately caused damage to the destruction under Art. 324.
property of another; (2) That such act does not ƒ Art. 330 is not applicable when the damaged
constitute arson or other crimes involving destruction; telegraph/phone lines do not pertain to a railway
(3) That the act of damaging another's property be system. Hence, cutting telephone lines or those
committed merely for the sake of damaging it. As to for transmission of electric power/light not
the third element, petitioner was not justified in pertaining to railways is not covered by this
summarily and extrajudicially demolishing private article.
complainant's structure. As it is, the petitioner ƒ If people are killed as a result of the damage
proceeded proceeded not so much to safeguard the caused and the offender had no intent to kill, the
lot as it is the vent to his anger and disgust over the crime is damages to means of communication
“no tresspassing” sign he placed thereon. Indeed, his with homicide. If there is intent to kill and
act of summarily demolishing the house smacks of damaging the railways was the means to
his pleasure in causing damage to it. accomplish the criminal purpose, the crime is
murder.
ƒ If the damage shall result in any derailment of
cars, collision or other accident, a higher penalty
shall be imposed.
ARTICLE 328. SPECIAL CASES OF MALICIOUS ƒ Derailment of cars should not have been
MISCHIEF purposely sought for

CASES OF QUALIFIED MALICIOUS MISCHIEF:


1. Causing damage to obstruct performance ARTICLE 331. DESTROYING OR DAMAGING
of public functions. STATUES, PUBLIC MONUMENTS OR PAINTINGS
2. Using poisonous or corrosive substance.
3. Spreading infection or contagion among
cattle.

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1. That the woman is married (even if


Chapter Ten. EXEMPTION FROM CRIMINAL marriage is subsequently declared void);
LIABILITY IN CRIMES AGAINST PROPERTY 2. That she has sexual intercourse with a man
not her husband; and
3. That as regards the man with whom she
has sexual intercourse, he must know her
to be married.
ARTICLE 332. PERSONS EXEMPT FROM
CRIMINAL LIABILITY IN CRIMES AGAINST ƒ Adultery is mitigated if the adulterous wife was
PROPERTY. abandoned w/o justification by the offended
spouse. Both the wife and her paramour are
OFFENSES INVOLVED IN THE EXEMPTION: entitled to this mitigating circumstance. (People
1. Theft, vs. Avelino)
2. Swindling (estafa), and ƒ Adultery may be attempted.
3. Malicious mischief. ƒ Sheer necessity, though woman not abandoned
by her husband, mitigates liability of married
PERSONS EXEMPT FROM CRIMINAL LIABILITY: woman
1. Spouses, ascendants and descendants, or ƒ The offended party must be legally married to the
relatives by affinity in the same line. offender at the time of the criminal case
2. The widowed spouse with respect to the ƒ Carnal knowledge may be proved by
property w/c belonged to the deceased circumstantial evidence
spouse before the same passed into the ƒ Each sexual intercourse constitutes a crime of
possession of another. adultery
3. Brothers and sisters and brothers-in-law and
sisters-in-law, if living together. EFFECT OF PARDON:
ƒ The pardon must come before the institution of
ƒ Only civil liability is incurred by the offenders criminal prosecution
who are exempt by law from criminal liability. ƒ Both the offenders must be pardoned by the
ƒ Parties to the crime who are not related to the offended party
offended party still remain criminally liable. ƒ Act of intercourse subsequent to adulterous
ƒ Law recognized presumed co-ownership of conduct is an implied pardon
property between offender and offended party ƒ Consent is a cause for dismissal of complaint
ƒ Persons exempt from criminal liability include:
1. stepfather/mother (ascendants by affinity) Article 334. Concubinage
2. adopted children (descendants)
3. concubine/paramour (spouse) ELEMENTS:
4. common-law spouse. 1. The man must be married;
2. That he committed any of the following acts:
a. Keeping a mistress in the conjugal
dwelling,
b. Having sexual intercourse under
TITLE ELEVEN scandalous circumstances with a
CRIMES AGAINST CHASTITY woman who is not his wife,
c. Cohabiting with her in any other place;
3. That as regards the woman, she must
know him to be married.

ƒ A married man is not liable for concubinage for


Chapter One. ADULTERY AND CONCUBINAGE mere sexual relations with a woman not his wife.
ƒ CONJUGAL DWELLING means the home of the
husband and wife even if the wife happens to be
temporarily absent on any account.
Article 333. Adultery ƒ SCANDAL consists in any reprehensible
word/deed that offends public conscience,
ELEMENTS: redounds to the detriment of the feelings of

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honest persons, and gives occasion to the 1. In Grave Coercion, the compulsion is the
neighbors’ spiritual damage and ruin. crime itself but it is merely a means to
ƒ COHABIT means to dwell together, in the commit Acts of Lasciviousness
manner of husband and wife, for some period of 2. The difference between Acts of
time, as distinguished from occasional, transient Lasciviousness and Unjust Vexation is that in
interviews for unlawful intercourse. the former there is lewd design – this can be
ƒ That woman must be taken into conjugal dwelling inferred from circumstances surrounding the
as a concubine commission of the crime: place, time,
ƒ People in the vicinity are the best witnesses to presence of other people, what was done;
prove scandalous circumstances But if it is clear that intention is to have
ƒ Adultery is more severely punished than intercourse, crime could be attempted rape; if
concubinage accused desisted in the commission of
attempted rape, it may be a consummated
crime of acts of lasciviousness

ƒ Lewd design – act with particular design to


independently derive vicarious pleasure
Chapter Two. RAPE AND ACTS OF therefrom; not merely a “silly whim”
LASCIVIOUSNESS ƒ No attempted or frustrated Acts of
Lasciviousness
ƒ From the standpoint of law, there can be no
frustration of acts of lasciviousness. No matter
ARTICLE 336. ACTS OF LASCIVIOUSNESS how far the offender may have gone towards the
realization of his purpose, if his participation
amounts to performing all acts of execution, the
ELEMENTS:
felony is necessarily produced as a consequence
1. That the offender commits any act of
thereof.
lasciviousness or lewdness;
2. That the act of lasciviousness is committed
against a person of either sex; and PEOPLE vs. PALMA, G.R. Nos. 148869-74.
3. That it is done under any of the following 12/11/03
circumstances: In the absence of convincing proof that the penis had
a. by using force or intimidation, or slid into the female organ, rape was not committed.
b. when the offended party is deprived of Where the victim merely stated that she was carried
reason or otherwise unconscious, or around the sala with appellant's penis "touching" her
c. by means of fraudulent machination or vagina, it would not be right to conclude that the act
grave abuse of authority, or of the penis "touching" the vagina was an entry or
d. when the offended party is under 12 penetration, even slightly, of the labia majora or the
years of age or is demented. labia minora of the pudendum. The appellant is guilty
of acts of lasciviousness and not rape.
Q: How is the crime of acts of lasciviousness
distinguished from attempted rape? PEOPLE vs. AQUINO G.R. No. 139181. 10/27/03
The appellant’s act of directing Analyn to remove her
A: The following are the distinctions: lower apparel constitutes an act of lasciviousness
(a) If the acts performed by the offender clearly under Article 336 of the Revised Penal Code, and not
indicate that his purpose was to lie with the rape.
offended woman – attempted rape.
(b) In the case of attempted rape, the lascivious
acts are but the preparatory acts to the
commission of rape; whereas in acts of Chapter Three. SEDUCTION, CORRUPTION OF
lasciviousness, the lascivious acts are MINORS, AND WHITE SLAVE TRADE
themselves the final objective sought by the
offender.
SEDUCTION means the enticing a woman to
Acts of Lasciviousness should be differentiated unlawful sexual intercourse by promise of marriage
from Grave Coercion and Unjust Vexation: or other means of persuasion without the use of
force.

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any capacity, is be temporary, his descendant


2 KINDS OF SEDUCTION: entrusted with permanent as
1. qualified seduction the education long as same
2. simple seduction. or custody of household)
the woman
seduced
ARTICLE 337. QUALIFIED SEDUCTION
• The penalty for qualified seduction of a sister or
2 CLASSES OF QUALIFIED SEDUCTION: descendant is higher than qualified seduction of a
1. Seduction of a virgin over 12 and under 18 virgin.
years of age by certain persons, such as a • Deceit is not an element of qualified seduction.
person in authority, priest, teacher, etc.; • Abuse of Confidence, acts punished because of
and character of person committing the same, and
2. Seduction of a sister by her brother or excess of power or abuse of confidence
descendant by her ascendant, regardless • The offended party need not be a virgin
of her age or reputation. (incestuous physically – virgin is a virtuous woman of good
seduction) reputation
• Deceit is not an element of qualified seduction; it
ELEMENTS OF QUALIFIED SEDUCTION OF A is an element of simple seduction
VIRGIN: • Accused charged with rape cannot be convicted
1. That the offended party is a virgin, which is of qualified seduction under the same
presumed if she is unmarried and of good information.
reputation;
2. That she must be over 12 and under 18
years of age; ARTICLE 338. SIMPLE SEDUCTION
3. That the offender has sexual intercourse
with her; and
4. That there is abuse of authority, ELEMENTS:
confidence or relationship on the part of 1. That the offended party is over 12 and
the offender (person entrusted with education under 18 years of age;
or custody of victim; person in public 2. That she must be of good reputation, single
authority, priest; servant). or widow;
3. That the offender has sexual intercourse
PERSONS LIABLE: with her; and
1. Those who abuse their authority: 4. That it is committed by means of deceit.
a. persons in public authority
b. guardian ƒ Virginity of the victim is not required in simple
c. teacher seduction.
d. person who, in any capacity, is entrusted w/ ƒ Deceit generally takes the form is unfulfilled
the education or custody of the woman promise to marry.
seduced ƒ Promise of marriage by a married man, whom the
2. Those who abused the confidence reposed in victim knew to be married, is not deceit.
them: ƒ Promise of marriage after sexual intercourse is
a. priest not deceit.
b. house servant ƒ No continuing offense of seduction
c. domestic ƒ Man may be willing and ready to marry the girl
3. Those who abused their relationship: but simple seduction is still committed when man
a. brother who seduced his sister knows that the offended party cannot legally
b. ascendant who seduced his descendant consent to marriage

Authority Confidence Relationship


-Public - Priest - Brother who ARTICLE 339. ACTS OF LASCIVIOUSNESS WITH
Authority - House servant seduced his THE CONSENT OF THE OFFENDED PARTY
-Guardian - Domestic sister
-Teacher (person living in - Ascendant ELEMENTS:
-Person who, in same roof, may who seduced

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1. That the offender commits acts of Q: What is an Attempt to Commit Child


lasciviousness or lewdness; Prostitution under RA 7610?
2. That the acts are committed upon a woman A: It an offense committed by a person who, not
who is a virgin or single or a widow of being a relative of a child, is found alone with said
good reputation, under 18 years of age child inside the room or cubicle of a house, hotel,
but over 12 years, or a sister or or other similar establishments vessel, vehicle or
descendant regardless of her reputation any other secluded area under circumstances
or age. which would lead a reasonable person to believe
3. That the offender accomplishes the acts by that the child is about to be exploited in prostitution
abuse of authority, confidence, and other child abuse.
relationship, or deceit.
It is also committed by one person who receives
services from a child in a sauna parlor, massage
clinic, or any other similar establishments.
ARTICLE 340. CORRUPTION OF MINORS
Q: What is Child Trafficking?
ƒ The act punishable is the promotion or A: It is the act of buying and selling a child for
facilitating the prostitution or corruption of money, or for any other consideration, or barter.
persons under age to satisfy the lust of another.
ƒ It is not necessary that the unchaste acts shall
have been done to the minor. Hence, a mere ARTICLE 341. WHITE SLAVE TRADE
proposal will consummate the offense.
ACTS PENALIZED:
R.A. 7610 punishes child prostitution committed 1. Engaging in the business of prostitution;
by: 2. Profiting by prostitution; and
1. Those who engage in or promote, facilitate 3. Enlisting the service of women for the
or induce child prostitution; purpose of prostitution.
2. Those who commit the act of sexual
intercourse or lascivious conduct with a child • One of those above-mentioned acts is sufficient
exploited in prostitution or subjected to other to constitute the offense
sexual abuse; • Habituality not a necessary element of white
3. Those who derive profit or advantage slave trade
therefrom. (Ex. manager/owner of the
• Offender need not be owner of house and need
establishment where child prostitution takes
not be present at time of raid; it suffices that he
place);
maintains or engages in business
4. Any person, not being a relative of the child,
• “Under any pretext” – if real purpose is
is found alone with the said child in a
prostitution, it doesn’t matter if one engages
hidden or secluded area under
sevices of woman ostensibly as maid, for
circumstances which lead a reasonable
example
person to believe that the child is about to
be exploited in prostitution and other sexual
abuse; and
5. Any person who receives services from a
child in a sauna parlor or bath, massage
clinic, health club, and other similar Chapter Four. ABDUCTION
establishments.

Q: What is Child Prostitution?


A: It is engaging in sexual intercourse or acts of ARTICLE 342. FORCIBLE ABDUCTION
lasciviousness with a child, who for money or profit
or due to coercion is exploited to indulge in such ELEMENTS:
activities. The victim maybe male or female. 1. That the person abducted is any woman,
If the victim is under twelve (12) years of age, the regardless of her age, civil status, or
offender shall NOT be prosecuted under RA 7610, reputation;
but shall be prosecuted for statutory rape or acts of 2. That the abduction is against her will; and
lasciviousness as the case maybe. 3. That the abduction is with lewd designs.

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considered as constructive force. The second


ƒ When there is deprivation of liberty and no lewd element, lewd design, was established by the actual
designs, the crime is kidnapping and serious rapes.
illegal detention.
ƒ Any woman, may be married; if child under 12 AGE AND REPUTATION NOT NECESSARY:
years of age, crime is forcible abduction, even if 1. Rape
she voluntarily goes with her abductor 2. Acts of lasciviousness against the will or
ƒ Taking away must be against will of woman; may without the consent of the offended party
be accomplished by means of deceit first and 3. Qualified seduction of sister or descendant
then by means of violence and intimidation 4. Forcible Abduction
ƒ Actual intercourse not necessary; lewd designs
may be shown by conduct of the accused; intent
to seduce girl sufficient; lewd designs present in ARTICLE 343. CONSENTED ABDUCTION
hurried ceremony of marriage by force where
marriage is merely an artifice by which accused
ELEMENTS:
sought to escape criminal consequences of his 1. That the offended party must be a virgin;
acts
2. That she must be over 12 and under 18
ƒ When there are several defendants, it is enough years of age;
that one of them had lewd designs 3. That the taking away of the offended party
ƒ Husband not liable for abduction of wife as lewd
must be with her consent, after solicitation
design is wanting or cajolery from the offender; and
ƒ Nature of crime: against liberty, honor and 4. That the taking away of the offended party
reputation, and public order
must be with lewd designs.
ƒ Forcible abduction v. Grave coercion v.
Kidnapping – presence of lewd design makes it ƒ If the virgin is under 12 years of age, the crime
forcible abduction; Kidnapping and Serious illegal
committed is forcible abduction, even if the girl
detention if there is deprivation of liberty with no consented to the elopement.
lewd design (Violent taking of woman motivated ƒ The abduction of the victim need not be with
by lewd design and victim raped - Forcible
some character of permanence.
abduction with rape, instead of Kidnapping with ƒ Virginity: not in a material sense as to exclude
rape; Attempt to rape is absorbed in abduction) the idea of abduction of a virtuous woman of
ƒ Forcible Abduction v. Corruption of minors –
good reputation
depends on purpose; purpose of Corruption is to ƒ It is sufficient that abductor was instrumental in
lend her to illicit intercourse with others escape of victim, need not be taken from her
ƒ Forcible Abduction v. Rape: if resistance of
house
woman to alleged rape was not tenacious; rape ƒ Requires solicitation or cajolery
may also absorb forcible abduction if main
objective was to rape the victim
ƒ Attempt to rape absorbed in element of lewd
design
ƒ Conviction of Acts of Lasciviousness, not a bar to ANTI-SEXUAL HARASSMENT ACT (R. A. NO.
conviction of forcible abduction 7877)

PEOPLE vs. CARAANG, GR 148424-27. 12/11/03


The complex crime of forcible abduction with Rape
occurs when there is carnal knowledge of the How committed:
abducted woman under any of the circumstances
In a work-related or employment environment,
mentioned earlier when force or intimidation is used;
when the woman is deprived of reason or is sexual harassment is committed when:
1. The sexual favor is made as a condition in
otherwise unconscious; and when the woman is
the hiring or in the employment, re-
under twelve years of age or is demented. The
employment or continued employment of
employment of deception suffices to constitute
said individual, or in granting said individual
forcible abduction. This Court has previously ruled
favorable compensation, terms of conditions,
that if the victim's consent was obtained through
promotions, or privileges; or the refusal to
deceit and there was therefore no valid consent, the
grant the sexual favor results in limiting,
crime is forcible abduction, as the deceit may be

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segregating or classifying the employee applies as well to the accomplices, accessories-after-


which in any way would discriminate, the-fact.
deprive or diminish employment opportunities Exception: In case of multiple rape.
or otherwise adversely affect said employee;
2. The above acts would impair the
employee's rights or privileges under ARTICLE 345. CIVIL LIABILITY OF PERSONS
existing labor laws; or GUILTY OF CRIMES AGAINST CHASTITY.
3. The above acts would result in an
intimidating, hostile, or offensive PERSON GUILTY OF RAPE, SEDUCTION OR
environment for the employee. ABDUCTION, SHALL ALSO BE SENTENCED:
1. To indemnify the offended woman.
In an education or training environment, sexual 2. To acknowledge the offspring, unless the law
harassment is committed: should prevent him from so doing.
1. Against one who is under the care, custody 3. In every case to support the offspring.
or supervision of the offender;
2. Against one whose education, training, ƒ The adulterer and the concubine in the case
apprenticeship or tutorship is entrusted to provided for in Articles 333 and 334 may also be
the offender; sentenced, in the same proceeding or in a
3. When the sexual favor is made a condition separate civil proceeding, to indemnify for
to the giving of a passing grade, or the damages caused to the offended spouse.
granting of honors and scholarships, or the ƒ No civil liability for Acts of Lasciviousness
payment of a stipend, allowance or other ƒ Moral damages may be awarded to offended
benefits, privileges, or consideration; or party, and the parents for seduction, abduction,
4. When the sexual advances result in an rape, other lascivious acts (Article 2219 Civil
intimidating, hostile or offensive Code)
environment for the student, trainee or ƒ Multiple Rape(by multiple offenders): all of them
apprentice. must support offspring, not one may be made to
acknowledge offspring
ƒ Amount and terms of support to be determined in
a hearing (Article 201 Family Code)
ƒ Only Indemnity in Rape of Married Woman
Chapter Five. PROVISIONS RELATIVE TO THE
PRECEDING CHAPTERS OF TITLE 11
ARTICLE 346. LIABILITY OF ASCENDANTS,
GUARDIANS, TEACHERS, OR OTHER PERSONS
ENTRUSTED WITH CUSTODY OF OFFENDED
ARTICLE 344. PROSECUTION OF ADULTERY, PARTY
CONCUBINAGE, SEDUCTION, ABDUCTION, AND
ACTS OF LASCIVIOUSNESS ƒ Persons who cooperate as accomplices but
are punished as principals in rape, seduction,
1. Adultery and concubinage must be abduction, etc: 1) Ascendants, 2) Guardians, 3)
prosecuted upon complaint signed by the Curators, 4) Teachers, and 5) Any other person,
offended spouse. who cooperates as accomplice with abuse of
2. Seduction, abduction, or acts of authority or confidential relationship.
lasciviousness must be prosecuted upon
complaint signed by:
a. offended party,
b. by her parents,
c. grandparents, or TITLE TWELVE
d. guardians
* in the order in which they are named above. CRIMES AGAINST THE CIVIL STATUS OF
PERSONS
General Rule: Marriage in good faith of the offender
w/ the offended party extinguishes the criminal action
or remit the penalty already imposed upon him. This

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ARTICLE 349. BIGAMY


Chapter One. SIMULATION OF BIRTHS AND
USURPATION OF CIVIL STATUS ELEMENTS:
1. That the offender has been legally married;
2. That the marriage has not been legally
ARTICLE 347. SIMULATION OF BIRTHS, dissolved or, in case his or her spouse is
SUBSTITUTION OF ONE CHILD FOR ANOTHER; absent, the absent spouse could not yet
AND CONCEALMENT OR ABANDONMENT OF A be presumed dead according to the Civil
LEGITIMATE CHILD Code;
3. That he contracts a second or subsequent
Acts punished: marriage; and
1. Simulation of births, 4. That the second or subsequent marriage has
ELEMENTS: all the essential requisites for validity.
a) The child is baptized or registered in the
Registry of birth as the offender’s; ƒ The crime of bigamy does not fall within the
b) The child loses its real status and acquires a category of private crimes. Hence, it can be
new one; and prosecuted even w/o the initiative of the offended
c) The offender’s purpose was to cause the loss party.
of any trace as to the child’s true filiation. ƒ The fact that the 1st marriage is void from the
2. Substitution of one child for another, or beginning is not a defense in a bigamy charge.
3. Concealing or abandoning any legitimate child There is a need for judicial declaration of the
w/ the intent to cause such child to lose its civil nullity of the 1st marriage. Similarly, there must
status. also be a summary proceeding to declare the
ELEMENTS: absent spouse presumptively dead for purposes
a) The child must be legitimate; of remarriage.
b) The offender conceals or abandons such ƒ Failure to exercise due diligence to ascertain the
child; and whereabouts of the 1st wife and the husband’s
c) The offender has the intent to cause the remarriage is bigamy through reckless
child to lose its civil status. imprudence.
ƒ One convicted for bigamy may be prosecuted for
• The fact that child will be benefited by simulation concubinage as both are distinct offenses.
of birth is not a defense since it creates a false ƒ The second spouse is not necessarily liable for
status to the detriment of members of family to bigamy.
which the child is introduced ƒ One who falsely vouches for the capacity of the
• Father who sells child is not liable under this either of the contracting parties knowing that one
article since there is no abandonment of the parties is already married is an accomplice.
ƒ A pardon by the offended party does not
extinguish criminal action considering that a
ARTICLE 348. USURPATION OF CIVIL STATUS crime is committed against the State and the
crime of Bigamy is a public offense which can be
• This felony is committed by a person who denounced not only by the person affected
assumes the filiation, or the parental or thereby but even by a civic-spirited citizen who
conjugal rights of another. may come to know the same.
• Criminal intent to enjoy the civil rights of
another by the offender knowing he is not entitled
thereto is necessary to constitute this crime.
• Circumstance qualifying the offense: When the ARTICLE 350. MARRIAGE CONTRACTED
purpose of the impersonation is to defraud the AGAINST PROVISIONS OF LAWS
offended party or his heirs.

ELEMENTS:
1. That the offender contracted marriage; and
Chapter Two. ILLEGAL MARRIAGES 2. That he knew at the time that -
a. the requirements of the law were not
complied with, or

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b. the marriage was in disregard of a legal 2. That the imputation must be made publicly;
impediment. 3. That it must be malicious;
4. That the imputation must be directed at a
ƒ Circumstance qualifying the offense: if either of natural or juridical person, or one who is
the contracting parties obtains the consent of the dead;
other by means of violence, intimidation or 5. That the imputation must tend to cause the
fraud. dishonor, discredit or contempt of the
person defamed.
ARTICLE 351. PREMATURE MARRIAGES
ƒ Libel is a public and malicious imputation of a
PERSONS LIABLE: crime, or a vice or defect, real or imaginary or
1. A widow who married within 301 days from any act, commission, condition, status or
the date of the death of her husband, or circumstances tending to cause the dishonor,
before having delivered if she is pregnant discredit or contempt of a natural or juridical
at the time of his death. person, or to blacken the memory of one who is
2. A woman whose marriage having been dead.
dissolved or annulled, married before her ƒ Kinds of malice: (a) malice in law – that which
delivery or w/in 301 days after the date of the should be proved, or (b) malice in fact – that
legal separation. which may be taken for granted due to the
grossness of the imputation.
ƒ The purpose of the law in punishing the foregoing ƒ Defamation is the proper term for libel as used in
acts is to prevent doubtful paternity. Article 353
ƒ Defamation: may be libel or slander
ARTICLE 352. PERFORMANCE OF ILLEGAL ƒ No distinction between calumny, insult, and libel:
MARRIAGE CEREMONY all kinds of attack against honor and reputation is
punished
1. Act punished: performance or authorization by a ƒ Malice is presumed to exist in injurious
priest or minister of any religious denomination or publications.
sect or by civil authorities of any illegal marriage ƒ Publication is the communication of the
ceremony. defamatory matter to some third person/s.
2. But a clergyman who performed a marriage ƒ Person libeled must be identified. But the
ceremony without knowledge of the minority of publication need not refer by name to the libeled
one of the parties is not liable. party. If not named it must be shown that the
description of the person referred to in the
defamatory publication was sufficiently clear so
that at least a 3rd person would have identified
the offended party.
TITLE THIRTEEN
ƒ Meaning of writer immaterial
CRIMES AGAINST HONOR ƒ Defamatory remarks directed at a group of
persons are not actionable unless the
statements are all embracing or sufficiently
specific for each victim to be identifiable.
ƒ There are as many counts of libel as there are
Chapter One. LIBEL persons defamed.
ƒ To presume publication, there must be a
reasonable probability that the alleged libelous
matter was thereby exposed to be read or seen
by 3rd persons.
ARTICLE 353. DEFINITION OF ƒ In libel, the false accusation need not be made
LIBEL/DEFAMATION under oath. Perjury requires that the false
accusation is made under oath.
ELEMENTS: ƒ Seditious libel is punished under Article 142
1. That there must be an imputation of a crime,
or of a vice or defect, real or imaginary, or Criteria to determine whether statements are
any act, omission, condition, status, or defamatory:
circumstance;

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1. Words are calculated to induce the hearers ƒ Prosecution must prove malice in fact to convict
to suppose and understand that the person the accused in case of qualified privileged
against whom they are uttered were guilty of communication
certain offenses, or are sufficient to ƒ The privilege simply does away with presumption
impeach their honesty, virtue or reputation, of malice
or to hold the person up to public ridicule; ƒ Absolute Privileged Communication: not
and (US v O’Connel) actionable even if done in bad faith – statements
2. Words are construed not only as to the made by members of Congress in discharge of
expression used but also with respect to the functions, Judicial Proceedings when pertinent
whole scope and apparent object of the and relevant to subject of inquiry
writer. (People vs. Encarnacion) ƒ Qualified privilege is lost by proof of malice
ƒ Applying to wrong person due to honest mistake
does not take case out of the privilege
ARTICLE 354. REQUIREMENT OF PUBLICITY. ƒ Unnecessary publicity destroys good faith
ƒ Defense of privileged communication in
Kinds of privileged communication: paragraph 1: will be rejected if it is shown that
1. Absolutely privileged – not actionable even accused acted with malice in fact and there is no
if the actor has acted in bad faith; reasonable ground for believing the charge to be
2. Qualifiedly privileged – those which, true(for example, no personal investigation made;
although containing defamatory imputations, probable cause in belief is sufficient)
are not actionable unless made with ƒ Malice in fact: rivalry or ill-ffeling existing at date
malice or bad faith. of publication, intention to injure the reputation of
offended party, motivated by hate and revenge
General Rule: Every defamatory imputation is ƒ In proceedings, communication/ pleadings/others
presumed malicious, even if it be true, if no good must be pertinent and material to subject matter
intention and justifiable motive for making it is shown. to be covered by privilege
Exceptions: ƒ Only matters which are not confidential in nature
1. private communication in performance of legal, may be published
moral or social duty ƒ Defamatory remarks and comments on the
2. Requisites: conduct or acts of public officers which are
a. That the person who made the related to the discharge of their official duties will
communication had a legal, moral or social not constitute libel if defendant proves the truth of
duty to make the communication or at least imputation; any attack upon private character on
he had an interest to be upheld; matters not related to discharge of official duties
b. That the communication is addressed to an may be libelous
officer or a board, or superior, having some ƒ Conduct related to discharge of duties of public
interest or duty on the matter; and officers are matters of public interest
c. That the statements in the communication ƒ Mental, moral and physical fitness of candidates
are made in good faith without malice in fact. for public office may be object of criticism;
3. fair and true report of official proceedings, criticism – does not follow a public man into his
made in good faith, without any comments private life and domestic concerns
and remarks ƒ Statements made in self defense or in mutual
4. Requisites: controversy are often privileged; person libeled is
a. That the publication of a report of an official justified to hit back with another libel
proceeding is a fair and true report of a ƒ However, retaliation and vindictiveness cannot be
judicial, legislative, or other official basis of self-defense in defamation; self-defense
proceedings which are not of confidential must be on matters related to imputations made
nature, or of a statement, report, or speech on person invoking defense
delivered in said proceedings, or of any other ƒ He who published what is true, and in good faith
act performed by a public officer in the and for justifiable ends, incurs no responsibility
exercise of his functions;
b. That it is made in good faith; and
c. That it is made without any comments or
R. A. No. 4200
remarks
The Anti-Wire Tapping Act

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PERSONS LIABLE: ARTICLE 356. THREATENING TO PUBLISH LIBEL


1. Any person, not being authorized by all the AND OFFER TO PREVENT SUCH PUBLICATION
parties to any private communication or spoken FOR A COMPENSATION
word:
a. taps any wire or cable; or ACTS PUNISHABLE:
b. uses any other device or arrangement, to 1. By threatening another to publish a libel
secretly overhear, intercept, or record such concerning him, or his parents, spouse, child,
communication or spoken word by using a or other members of his family; or
device commonly known as a dictaphone or 2. By offering to prevent the publication of
dictagraph or walkie-talkie or tape recorder, such libel for compensation, or money
or however otherwise described. consideration.

2. Any person, whether or not a participant in the • BLACKMAIL as any unlawful extortion of money
above-mentioned acts: by threats of accusation and exposure is possible
a. knowingly possesses any tape record, wire in the crimes of light threats (Art. 283) and in
record, disc record, or any other such record threat to publish libel (Art 356).
or copies thereof of any communication or
spoken word; or
b. replays the same for any other person/s; or ARTICLE 357. PROHIBITED PUBLICATION OF
c. communicates the contents thereof, either ACTS REFERRED TO IN THE COURSE OF
verbally or in writing, to any other person; or OFFICIAL PROCEEDINGS
d. furnishes transcriptions thereof, whether
complete or partial, to any other person. ELEMENTS:
1. That the offender is a reporter, editor or
ƒ A peace officer is exempt from liability if his acts manager of a newspaper, daily or
were done under lawful order of the court. magazine;
However, he can only use the recording for the 2. That he publishes facts connected with the
case for which it was validly requested. private life of another; and
ƒ Information obtained in violation of the Act is 3. That such facts are offensive to the honor,
inadmissible in evidence in any hearing or virtue and reputation of said person.
investigation.
ƒ An extension phone is not one of those • The prohibition to publish applies even such
prohibited under R.A. 4200. There must be publication be made in connection w/ or under
either a physical interruption through the wiretap the pretext that it is necessary in the narration of
or the deliberate installation of a device or any judicial or administrative proceedings
arrangement in order to overhear, intercept or wherein such facts have been mentioned.
record the spoken words. • Art. 357 constitutes the “Gag law” which bars
from publication news reports on cases
pertaining to adultery, divorce, issues about
the legitimacy of children, etc.
ARTICLE 355. LIBEL BY MEANS OF WRITINGS • Source of news report may not be revealed
OR SIMILAR MEANS. unless court or Congress finds such revelation is
demanded by the security of the State
ƒ The means by which libel may be committed are
writing, printing, lithography, engraving, radio,
phonograph, painting, theatrical or
cinematographic exhibitions, or any similar ARTICLE 358. SLANDER/ ORAL DEFAMATION.
means.
ƒ Use of amplifier Æ slander KINDS OF ORAL DEFAMATION:
ƒ Television program Æ libel 1. Grave slander - defamation is of a serious
ƒ Penalty is in addition to civil liability and insulting nature;
ƒ Libel may be absorbed in crime of threats if intent 2. Simple slander - light insult or defamation.
to threaten is principal aim and object

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FACTORS THAT DETERMINE GRAVITY OF THE 3. The editor or business manager of a daily
OFFENSE: newspaper magazine or serial publication; and
1. expressions used 4. The owner of the printing plant which
2. personal relations of the accused and the publishes a libelous article with his consent
offended party, and all other persons, who in any way
3. circumstances surrounding the case, and participate in or have connection with its
4. social standing and position of the victim. publication.

ƒ Words uttered in the heat of anger constitute light VENUE OF CRIMINAL AND CIVIL ACTION FOR
oral defamation. DAMAGES IN CASES OF WRITTEN
ƒ If the utterances were made publicly and were DEFAMATION:
heard by many people and the accused at the 1. where the libelous article is printed and 1st
same time pointed his finger at the complainant, published, or
oral defamation is committed. 2. where any of the offended parties actually
resides at the time of the commission of the
offense, or
3. where one of the offended parties is a
ARTICLE 359. SLANDER BY DEED public officer:
a. if his office is in the City of Manila, with
ELEMENTS: the RTC of Manila, or the city/province
1. That the offender performs any act not where the article is printed and 1st
included in any other crime against published
honor; b. otherwise, with the RTC of the
2. That such act is performed in the presence city/province where he held office at the
of other person or persons; and time of offense; or where the article is 1st
3. That such act casts dishonor, discredit or published, or
contempt upon the offended party. 4. where one of the offended parties is a
private individual, with the RTC of
province/city where he actually resides at
ƒ Seriousness of slander by deed depends on the the time of the crime or where the article
social standing of offended party, the was printed or 1st published.
circumstances surrounding the act, the occasion
ƒ Distinctions: ƒ Complaint for defamation imputing a private
1. Unjust vexation - irritation or annoyance; crime (i.e. adultery, concubinage, seduction,
anything that annoys or irritates without abduction, and acts of lasciviousness) must be
justification. filed by the offended party.
2. Slander by deed - irritation or annoyance + ƒ Person who publishes libelous letter written by
attendant publicity and dishonor or offended party is liable (publishing and not
contempt. composing is the prime requisite of crime)
3. Acts of lasciviousness - irritation or ƒ Liability of editor is same as author
annoyance + any of the 3 circumstance ƒ Limitations of venue: in order to minimize
provided in Art. 335 on rape (i.e. use of force interference with public function if a public officer,
or intimidation; deprivation of reason or and also to avoid unnecessary harassment of
rendering the offended unconscious; or if accused(to limit out-of-town libel suits)
offended party was under 12 years old, ƒ Actual damages need not be proved where
together with lewd designs) publication is libelous per se
ƒ Action for exemplary damages may be awarded if
action is based on quasi-delict
ARTICLE 360. PERSONS RESPONSIBLE FOR ƒ No remedy for damages for slander or libel in
LIBEL case of absolutely privileged communication

PERSONS LIABLE:
1. The person who publishes, exhibits or ARTICLE 361. PROOF OF THE TRUTH
causes the publication or exhibition of any
defamation in writing or similar means;
2. The author or editor of a book or pamphlet;

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PROOF OF TRUTH IS ADMISSIBLE WHEN: ARTICLE 363. INCRIMINATING INNOCENT


1. the act or omission imputed constitutes a PERSON
crime regardless of whether the offended
party is a private individual or a public officer,
or ELEMENTS:
2. the offended party is a government 1. That the offender performs an act;
employee, even if the act or omission 2. That by such act he directly incriminates or
imputed does not constitute a crime, imputes to an innocent person the
provided, it is related to the discharge of his commission of a crime; and
official duties. 3. That such act does not constitute perjury.

REQUISITES FOR ACQUITTAL FROM A LIBEL 2 KINDS OF INCRIMINATING AN INNOCENT


CHARGE : PERSON:
1. it appears that the matter charged as libelous 1. Making a statement which constitutes:
is TRUE (for situations (a) and (b) above); a. defamation, or
and b. perjury (if made under oath and is false)
2. it was published with good motives and for 2. Planting evidence
a justifiable end (for situation (a) only).
ƒ Art 363 is limited to planting evidence and the
ƒ The proof of the truth of the accusation cannot be like, which tend directly to cause false
made to rest upon mere hearsay, rumors, or prosecution.
suspicion but upon positive, direct evidence upon ƒ Incriminatory machinations distinguished from
which a definite finding may be made by the defamation – does not avail himself of written or
court. spoken words
ƒ An imputation that a person has contagious ƒ There is a complex crime of incriminating an
disease might under ordinary circumstances be innocent person through unlawful arrest
defamatory but loses such character when made
with good intention and justifiable motive
ƒ There is no libel when there is no malice ARTICLE 364. INTRIGUING AGAINST HONOR
ƒ Retraction may mitigate the damages; if article is
libelous per se, publication due to honest mistake ƒ This felony is committed by any person who shall
is only mitigating make any intrigue which has for its principal
purpose to blemish the honor or reputation of
another person. It is committed by saying to
ARTICLE 362. LIBELOUS REMARKS others an unattributable thing, that if it said to
the person himself, slander is committed.
ƒ Libelous remarks or comments on privileged ƒ Intriguing against honor refers to any scheme or
matters (under Art. 354), if made with malice in plot designed to blemish the reputation of another
fact, will not exempt the author and editor. by means w/c consist of some trickery.
ƒ This article is a limitation to the defense of ƒ The intrigue is resorted to to blemish honor or
privileged communication. reputation of another person
Even if matter is privileged and malice in fact is ƒ Must be committed by means of some tricky and
proved, author and editor is liable secret plot, and not gossiping which falls under
ƒ Author/editor of publication who distorts, defamation
mutilates or discolors official proceedings ƒ Where the source or author of derogatory
reported by him, or add comments thereon to information cannot be determined and defendant
cast aspersion on character of parties concerned passes it to others, defendant’s act is one of
is guilty of libel intriguing against honor; if it came from a definite
source, crime is slander

Chapter Two. INCRIMINATORY MACHINATIONS


TITLE FOURTEEN
QUASI OFFENSES

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ELEMENTS OF SIMPLE IMPRUDENCE:


1. That there is lack of precaution on the part
CRIMINAL NEGLIGENCE of the offender; and
2. That the damage impending to be caused is
not immediate or the danger is not clearly
manifest.

ARTICLE 365. IMPRUDENCE AND NEGLIGENCE ƒ Art. 64 on mitigating and aggravating


circumstances is not applicable in quasi-offenses.
Incriminating Perjury by making ƒ Qualifying circumstance in quasi-offenses: The
an Innocent false accusation offender’s failure to lend on-the-spot assistance
Person to the victim of his negligence.
Performs act to Imputation, falsely ƒ Abandoning one’s victim is usually punishable
directly made, before an under Art. 275. But if it is charged under Art.
incriminate or officer 365, it is only a qualifying circumstance, and if
impute not alleged, it cannot even be an aggravating
commission of
circumstance.
crime
ƒ Imprudence or Negligence is not a crime in itself,
Act of planting False statement or
evidence affidavit made under
but simply a way of committing a crime
oath ƒ Technical term “Reckless Imprudence resulting in
Arresto mayor Arresto mayor max to Homicide”; what is punished is not the act itself
prision correccional but the mental attitude or condition behind the act
min ƒ Negligence is a quasi-offense. What is
punished is not the effect of the negligence
but the recklessness of the accused.
QUASI-OFFENSES ARE COMMITTED IN 4 WAYS: ƒ Test of Negligence: Would a prudent man
1. By committing through reckless imprudence foresee harm as a reasonable consequence of
any act which, had it been intentional, would the course about to be pursued? Reasonable
constitute a grave or less grave felony or light foresight of harm, followed by ignoring of
felony; admonition born of this provision
2. By committing through simple imprudence or ƒ Reckless Imprudence v. Force Majeure: Force
negligence an act w/c would otherwise Majeure is an event that cannot be foreseen, or
constitute a grave or a less serious felony; which being foreseen is inevitable; implies an
3. By causing damage to the property of extraordinary circumstance independent of will of
another through reckless imprudence or actor; in reckless imprudence damage or injury
simple imprudence or negligence; or may be preventable by exercise of reasonable
2. By causing through simple imprudence or care and threatened upon conduct about to be
negligence some wrong w/c, if done pursued by the actor
maliciously, would have constitutes a light ƒ Contributory negligence of offended party is not a
felony. defense but only mitigates criminal liability.
ƒ Last Clear Chance Rule – The contributory
ELEMENTS OF RECKLESS IMPRUDENCE: negligence of the injured party will not defeat the
1. That the offender does or fails to do an act; action if it be shown that the accused might, by
2. That the doing of or the failure to do that act the exercise of reasonable care and prudence,
is voluntary; have avoided the consequences of the
3. That it be without malice; negligence of the injured party.
4. That material damage results; and ƒ Emergency Rule: A person confronted with
5. That there is inexcusable lack of emergency may be left with no time for thought,
precaution on the part of the offender, taking must make speedy decision based on impulse or
into consideration instinct, and cannot be held liable for same
a. his employment or occupation, conduct as one who had opportunity to reflect;
b. degree of intelligence, physical condition, applicable only when situation that arises is
and sudden and unexpected, and is such as to
c. other circumstances regarding persons, deprive him of all opportunity for deliberation Ex.
time and place. An automobile driver, who, by the negligence of

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another, is suddenly placed in an emergency and a. Committed with the use of a deadly
compelled to act instantly to avoid a collision or weapon or by two or more persons
injury is not guilty of negligence if he makes a b. When by reason or on the occasion of
choice which a person of ordinary prudence the rape, the victim has become insane
placed in such a position might make even c. When the rape is attempted or
though he did not make the wisest choice. frustrated and a homicide is
ƒ Violation of a rule or regulation or law is proof of committed by reason or on the occasion
negligence thereof
d. Committed with attendant
circumstances
Negligence Imprudence 11. Plunder (R. A. 7080)
Deficiency of Perception Deficiency of Action 12. Violations of Dangerous Drugs Act
Failure in advertence Failure in Precaution 13. Carnapping (R. A. 6539)
Avoided by Paying Taking necessary
proper attention and precaution once GENERAL RULE: The death penalty shall be
using due diligence in foreseen imposed in all cases upon which it must be imposed
foreseeing them under existing laws.
EXCEPTIONS (In which cases the penalty shall be
reduced to reclusion perpetua):
1. when the guilty person is below 18 years of
age at the time of the commission of the
crime;
OTHER SPECIAL PENAL LAWS 2. when the guilty person is more than 70
years of age;
3. when upon appeal or automatic review of the
case by the Supreme Court, the required
majority vote is not obtained for the
HEINOUS CRIMES ACT OF 1993 imposition of the death penalty,
(R. A. NO. 7659)

The crimes punishable by death are:


1. Treason (Art. 114) REPUBLIC ACT NO. 8294 (Law Penalizing Illegal
2. Qualified Piracy (Art. 123) Possession of Firearms, etc.)
3. Qualified Bribery (Art. 211-A)
4. Parricide (Art. 246)
PERSONS LIABLE:
5. Murder (Art. 248)
1. Any person who shall unlawfully
6. Infanticide (Art. 255) HOWEVER: If any
manufacture, deal in, acquire, dispose, or
crime penalized in this Article be committed
possess any low-powered firearm, part of
by the mother of the child for the purpose
firearm, ammunition, or machinery, tool or
of concealing her dishonor, she shall suffer
instrument used or intended to be used in the
the penalty of prision mayor in its medium
manufacture of any firearm or ammunition;
and maximum periods, and if said crime be
The owner, president, manager, director
committed for the same purpose by the
T

or other responsible officer of any public or


maternal grandparents or either of them,
private firm, company, corporation or entity,
the penalty shall be reclusion temporal.
who shall willfully or knowingly allow any of
7. Kidnapping and Serious Illegal Detention
the firearms owned by such firm, company,
(Art. 267)
corporation or entity to be used by any
8. Robbery (Art. 294): when by reason or on
person or persons found guilty of violating
occasion of the robbery, the crime of
the provisions of the preceding paragraphs or
homicide shall have been committed, or
willfully or knowingly allow any of them to use
when the robbery shall have been
unlicensed firearms or firearms without any
accompanied by rape or intentional
legal authority to be carried outside of their
mutilation or arson.
residence in the course of their employment;
9. Destructive Arson (Art. 320)
10. Rape (Art. 335)

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2. Any person who shall carry any licensed


ANTI-MONEY LAUNDERING ACT OF 2001 (R. A.
firearm outside his residence without legal
NO. 9160)
authority therefor;
3. Any person who shall unlawfully
manufacture, assemble, deal in, acquire, “Money laundering” is a crime whereby the
dispose or possess hand grenade(s), rifle proceeds of an unlawful activity are transacted,
grenade(s), and other explosives or other thereby making them appear to have originated from
incendiary devices capable of producing legitimate sources.
destructive effect on contiguous objects or
causing injury or death to any person; PERSONS LIABLE:
Any person who shall unlawfully tamper, 1. Any person knowing that any monetary
change, deface or erase the serial number instrument or property represents, involves,
of any firearm; and or relates to, the proceeds of any unlawful
4. Any person who shall unlawfully repack, activity, transacts or attempts to transact
alter or modify the composition of any said monetary instrument or property.
lawfully manufactured explosives. 2. Any person knowing that any monetary
instrument or property involves the proceeds
Act What is the Crime? of any unlawful activity, performs or fails to
No other Illegal possession perform any act as a result of which he
crime; Illegal facilitates the offense of money laundering
possession referred to in paragraph (a) above.
only 3. Any person knowing that any monetary
Other crime, Crime committed;
instrument or property is required under
except Illegal possession is NOT
homicide or a separate offense, nor is
this Act to be disclosed and filed with the
murder it aggravating. Offender is Anti-Money Laundering Council (AMLC),
exonerated of illegal fails to do so.
possession.
Murder or Murder or homicide, Covered transaction:
homicide with special aggravating Transaction In excess of P500,000 within one
circumstance of illegal banking day.
possession
Rebellion or Rebellion or insurrection, Suspicious transaction, Requisites:
insurrection, sedition, or attempted 1. Covered institution,
sedition, or coup dÕ etat; Illegal 2. Regardless of amount, and
attempted possession is absorbed 3. Any of the ff. circumstances:
coup dÕ etat as an element thereof a. no economic justification
b. client not properly identified
c. amount not commensurate with financial
UNLICENSED FIREARMS MAY INCLUDE: capacity
1. firearms with expired license; or d. structured to avoid reporting
2. unauthorized use of licensed firearm in the e. deviation from client’s profile or past
commission of the crime. transactions
f. unlawful activity under this Act
People vs. Ladjaalam, (2000) g. Similar or analogous
The language of RA 8294 effectively exonerates the
accused of illegal possession, an offense which may UNLAWFUL ACTIVITY:
carry a heavier penalty than the “other crime” 1. Kidnapping for ransom
committed. Indeed, the accused may evade 2. Comprehensive Dangerous Drugs Act of
conviction for illegal possession by committing a 2002 (Sec. 4,5,6,8,9,10,12,14,15,16)
lighter offense, like alarm and scandal. However, the 3. Anti-Graft and Corrupt Practices Act (Sec. 3,
wisdom of RA 8294 is not subject to the Court’s par. B,C,E,G,H and I)
review. 4. Plunder
5. Robbery and extortion
6. Jueteng and Masiao punished as illegal
gambling

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7. Piracy on the high seas


8. Qualified theft PROSECUTION OF MONEY LAUNDERING:
9. Swindling 1. Offender may be charged with and convicted
10. Smuggling of BOTH money laundering and the unlawful
11. Electronic Commerce Act of 2000 activity
12. Hijacking and other violation of RA 6235; 2. Proceeding of unlawful activity shall be
destructive and murder, including those given precedence over the prosecution for
perpetrated by terrorists against non- money laundering, without prejudice to
combatants freezing and other remedies of this Act.
13. Securities Regulations Code of 2000
14. Offenses of similar nature punishable by
foreign penal laws

WHAT IS REQUIRED TO BE REPORTED?


Covered institutions shall report to the Anti Money
Laundering Council all covered transactions and
suspicious transactions within 5 working days from
the occurrence.

AUTHORITY TO INQUIRE INTO BANK DEPOSITS:


1. Court order upon showing of probable cause
that the deposit is related to an unlawful
activity or a money laundering offense.
2. No court order required for the ff. unlawful
activities:
a. Kidnapping for ransom
b. Comprehensive Dangerous Drugs Act of
2002 Hijacking and other violation of RA
6235; destructive and murder,
including those perpetrated by terrorists
against non-combatants

- END -

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