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INFANTICIDE
- based on AGE OF CHILD
- may be committed by
STRANGERS
- CONSPIRACY
APPLICABLE. Only one info
filed
- concealing mothers
dishonor is mitigating
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Persons liable:
1) PERSON WHO KILLED OR INFLICTED PHYSICAL
INJURIES UPON HIS ADVERSARY, OR BOTH
COMBATANTS IN ANY OTHER CASE, as principals
2) SECONDS, as accomplices
261. CHALLENGING TO A DUEL
Punished acts:
1) CHALLENGING ANOTHER TO A DUEL
2) INCITING ANOTHER TO GIVE OR ACCEPT a
CHALLENGE TO A DUEL
3) SCOFFING AT OR DECRYING ANOTHER PUBLICLY
FOR HAVING REFUSED TO ACCEPT A CHALLENGE TO
FIGHT A DUEL
+ Immediate vindication of ones honor
+ Prohibited its an extralegal means of resolving
disputes; contravention of the justice system
262. MUTILATION
+ LOPPING OR CLIPPING OFF OF SOME BODY PART
Punished acts and elements:
1) INTENTIONALLY MUTILATING ANOTHER BY
DEPRIVING HIM, TOTALLY OR PARTIALLY, OF some
ESSENTIAL ORGAN FOR REPRODUCTION
a) CASTRATION (mutilation of organs necessary
for generation, such as the penis or ovarium)
b) MUTILATION is CAUSED PURPOSELY &
DELIBERATELY, that is, to deprive offended party of some
essential organ for reproduction
2) INTENTIONALLY MAKING OTHER MUTILATION, other
than the essential reproductive organ, TO DEPRIVE HIM
OF THAT PART OF HIS BODY
a) MUTILATION INVOLVING BODY PART
OTHER THAN an ORGAN FOR REPRODUCTION
b) MUTILATION DONE w/ deliberate purpose of
DEPRIVING A PERSON OF THAT BODY PART
263. SERIOUS PHYSICAL INJURIES
How committed:
1) Wounding
2) Beating
3) Assaulting
4) Administering injurious substance
Classes
1) Injured person becomes INSANE, IMBECILE,
IMPOTENT, OR BLIND
2) Injured person
a) LOSES USE OF SPEECH OR POWER TO
HEAR/SMELL, OR LOSES EYE/HAND/FOOT/ARM/LEG
b) LOSES USE OF ANY SUCH MEMBER
c) Becomes INCAPACITATED FOR WORK he
was HABITUALLY ENGAGED
3) Injured person
a) DEFORMED
b) LOSES ANY OTHER MEMBER OF HIS BODY
c) LOSES USE THEREOF
d) Becomes ILL OR INCAPACITATED FOR
PERFORMANCE OF WORK he was HABITUALLY
ENGAGED IN FOR >90 DAYS
4) Becomes ILL OR INCAPACITATED FOR LABOR FOR
30x90 DAYS as a result of physical injuries inflicted
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FORCIBLE ABDUCTION W/
RAPE
Crime is COMPLEX since
forcible abduction is a
necessary means to commit
the rape
There is LEWD DESIGN
Rape here ALSO A CRIME
Multiple rapes = ONLY ONE
RAPE COMPLEXED w/
forcible abduction. Other
rapes treated as
SEPARATE CRIMES
Rape merely ATTEMPTED
ONLY FORCIBLE
ABDUCTION; ATTEMPT to
rape merely a
MANIFESTATION of lewd
design
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COERCION
Harm or wrong threatened
is IMMEDIATE,
PERSONAL, AND DIRECT
CANNOT BE through
intermediary or in writing
Generally by VIOLENCE,
ALTHOUGH it may also be
by INTIMIDATION if serious
enough, direct, immediate,
and personal
CRIME
GRAVE
LIGHT
OTHER LIGHT
Y
N
N
W/ OR W/O
CONDITION
WITH OR W/O
WITH
W/O
CRIME IS
ROBBERY
THREAT
COERCION
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Elements:
1) Offender EMPLOYS VIOLENCE OR THREATS in such a
degree as TO COMPEL OR FORCE LABORERS OR
EMPLOYEES IN free and legal exercise OF THEIR
INDUSTRY OR WORK
2) PURPOSE is TO ORGANIZE, MAINTAIN OR PREVENT
COALITIONS, STRIKE OR LOCKOUT
290. DISCOVERING SECRETS THROUGH SEIZURE OF
CORRESPONDENCE
Elements:
1) PRIVATE INDIVIDUAL OR PUBLIC OFFICER NOT IN
EXERCISE OF HIS OFFICIAL FUNCTIONS
2) SEIZES ANOTHERS PAPERS OR LETTERS
3) PURPOSE is TO DISCOVER THE SECRETS OF SUCH
OTHER PERSON
4) OFFENDER IS INFORMED OF the CONTENTS of
seized papers and letters
+ LETTER must be OF CONFIDENTIAL CHARACTER.
This crime cant be committed if its an open letter or
postcard
+ IF PURPOSE OF SEIZURE is TO PREVENT
ADDRESSEE FROM RECEIVING the
CORRESPONDENCE, its MALICIOUS MISCHIEF. Its
ESTAFA IF OFFENDER KNEW ADDRESSEE MUST
RECEIVE IT OTHERWISE LATTER WILL BE
PREJUDICED
+ PARENTS, GUARDIANS, AND PERSONS EXERCISING
PARENTAL AUTHORITY OVER MINORS ARE EXEMPT
because its within their authority to check minors activities.
Same with HUSBAND AND WIFE to maintain fidelity
provided theyre not legally separated and living apart.
291. REVEALING SECRETS WITH ABUSE OF OFFICE
Elements:
1) MANAGER, EMPLOYEE, OR SERVANT
2) LEARNS SECRETS OF HIS PRINCIPAL OR MASTER
IN SUCH CAPACITY
3) REVEALS SUCH SECRETS
292. REVELATION OF INDUSTRIAL SECRETS
Elements:
1) PERSON IN CHARGE, EMPLOYEE OR WORKMAN OF
MANUFACTURING OR INDUSTRIAL ESTABLISHMENT
2) ESTABLISHMENT HAS INDUSTRY SECRET WHICH
OFFENDER HAS LEARNED
3) REVEALS SUCH SECRETS
4) PREJUDICE IS CAUSED TO THE OWNER
CRIMES AGAINST PROPERTY
+ Taking of anothers property out of his possession
through violence, deceit, abuse of confidence, destruction
+ Must allege in info that it belonged to a specific person
293. WHO ARE GUILTY OF ROBBERY
Elements:
1) PERSONAL PROPERTY BELONGING TO ANOTHER
2) UNLAWFUL TAKING of that property
3) Taking must be WITH INTENT TO GAIN
4) There is VIOLENCE AGAINST OR INTIMIDATION OF
ANY PERSON, OR FORCE UPON ANYTHING
+ ASPORTATION: requires taking of personal property out
of the possession of the owner, without his privity and
consent and without animus revertendi. Present once
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AT LEAST 3 (4 OR MORE)
MALEFACTORS
PRECONCEIVED VICTIM
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Elements:
1) Crime of ROBBERY OR THEFT has been COMMITTED
2) ACCUSED, who is NOT A PRINCIPAL OR
ACCOMPLICE IN the commission of the ROBBERY OR
THEFT, BUYS OR IN ANY MANNER DEALS IN ANY
ARTICLE OR ANYTHING OF VALUE, which has been
DERIVED FROM PROCEEDS OF SAID CRIME
3) ACCUSED KNOWS OR SHOULDVE KNOWN SAID
ARTICLE has been DERIVED FROM PROCEEDS OF
ROBBERY OR THEFT
4) INTENT TO GAIN, on part of accused, FOR HIMSELF
OR FOR ANOTHER
+ Fencing is a DISTINCT CRIME. Offender may be
PROSECUTED AT PLACE WHERE HE TOOK HOLD OF
PROP and not at the place of the commission of the
robbery or theft
+ There must be a CONVICTION OF THEFT OR
ROBBERY BEFORE THERE COULD BE PROSECUTION
FOR FENCING
+ Mere POSSESSION OF ANY ITEM W/C HAS BEEN THE
SUBJECT OF ROBBERY OR THEFT = PRIMA FACIE
EVIDENCE OF FENCING
312. OCCUPATION OF REAL PROPERTY OR
USURPATION OF REAL RIGHTS IN PROPERTY
Elements:
1) Offender TAKES POSSESSION OF ANY REAL PROP
OR USURPS ANY REAL RIGHTS IN PROP
2) Real property or real rights BELONG TO ANOTHER
3) VIOLENCE AGAINTS OR INTIMIDATION OF
PERSONS IS USED by offender in occupying real property
or usurping real rights in property
4) Theres INTENT TO GAIN
+ SINGLE, TWO-TIERED PENALTY for the coercion &
threat and fine for the usurpation
+ REAL VIC IS NOT NECESSARILY THE OWNER BUT
THE PERSON AGAINST WHOM THE
VIOLENCE/INTIMIDATION WAS ENFORCED tenant has
a real right over the property, that of possession
313. ALTERING BOUNDARIES OR LANDMARKS
Elements:
1) BOUNDARY MARKS OR MONUMENTS of towns,
provinces or estates, OR any other MARKS INTENDED TO
DESIGNATE BOUNDARIES OF THE SAME
2) OFFENDER ALTERS said boundary marks
314. FRAUDULENT INSOLVENCY
Elements:
1) Offender is a DEBTOR (has obligations due and
payable)
2) ABSCONDS W/ HIS PROPERTY
3) PREJUDICE TO HIS CREDITORS
315. SWINDLING (ESTAFA)
Elements in general:
1) ACCUSED DEFRAUDED ANOTHER BY ABUSE OF
CONFIDENCE OR BY means of DECEIT
2) DAMAGE OR PREJUDICE capable of pecuniary
estimation is CAUSED TO THE OFFENDED PARTY OR
3RD PERSON
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DAMAGE OR DECEIT IS
IMMATERIAL to criminal
liability
Crime against PUBLIC
INTEREST
ONLY DRAWER is liable.
INDORSER NOT LIABLE
ESTAFA
Liability ONLY IF ISSUED
CONCURRENTLY &
RECIPROCALLY in
payment of exchange
consideration. Check
shouldnt be for pre-existing
obligation
DAMAGE TO OFFENDED
& DECEIT OF OFFENDER
ARE ESSENTIAL
Crime against PROPERTY
BOTH drawer & indorser
may incur liability, if latter
was aware at time of
indorsement of insufficiency
of funds
Drawer given 3 DAYS
AFTER NOTICE OF
DISHONOR to make good
the cash value to avoid
liability
Malum IN SE
b) FICTITIOUS CONTRACT
c) PREJUDICE IS CAUSED
5) By accepting any compensation for services not
rendered or for labor not performed
a) Offender ACCEPTS ANY COMPENSATION FOR
SERVICES OR LABOR
b) DIDNT RENDER SERVICES OR PERFORM LABOR
6) By selling, mortgaging or encumbering real property or
properties with which the offender guaranteed the
fulfillment of his obligation as surety
a) Offender is a SURETY IN A BOND GIVEN IN A
CRIMINAL OR CIVIL ACTION
b) He GUARANTEED THE FULFILLMENT OF SUCH
OBLIGATION W/ HIS REAL PROP OR PROPERTIES
c) He SELLS, MORTGAGES, OR IN ANY MANNER
ENCUMBERS SAID REAL PROP
d) Such SALE, MORTGAGE OR ENCUMBRANCE W/O
EXPRESS AUTHORITY FROM THE COURT, OR MADE
BEFORE CANCELLATION OF HIS BOND, OR BEFORE
BEING RELIEVED FROM OBLIGATION HE
CONTRACTED
+ Mere selling w/o disclosing encumbrance wouldnt result
to estafa no law penalizing sale of encumbered property.
Its the DECEIT IN SELLING THE PROPERTY THAT
GIVES RISE TO CRIMINAL LIABILITY
+ No deceit if seller didnt make any warranty in the deed of
sale that the property is free from encumbrance. The deed
must have a false statement of warranty to commit the
offense
+ Par. 3 holds owner of any personal property who shall
wrongfully take it from its lawful possessor to the prejudice
of the latter or any third person guilty of this crime
317. SWINDLING A MINOR
Elements:
1) Offender TAKES ADVANTAGE OF MINORS
INEXPERIENCE OR FEELINGS/EMOTIONS
2) He INDUCES SUCH MINOR TO ASSUME an obligation
OR TO GIVE RELEASE OR TO EXECUTE A TRANSFER
OF ANY PROPERTY RIGHT
3) CONSIDERATION is some loan of money, credit or other
personal property
4) TRANSACTION is TO THE DETRIMENT OF SUCH
MINOR
318. OTHER DECEITS
Punished acts:
1) DEFRAUDING OR DAMAGING ANOTHER BY ANY
OTHER DECEIT NOT MENTIONED in the preceding
articles
2) INTERPRETING DREAMS, BY MAKING FORECASTS,
TELLING FORTUNES, OR BY TAKING ADVANTAGE OF
THE CREDULITY OF THE PUBLIC IN ANY OTHER
SIMILAR MANNER, FOR PROFIT OR GAIN
+ CATCH-ALL PROVISION
PD 1689 SYNDICATED ESTAFA
Elements:
1) Estafa or other forms of swindling as defined in RPC 315
& 316 COMMITTED
2) ESTAFA COMMITTED BY A SYNDICATE
3) DEFRAUDATION RESULTS IN MISAPPROPRIATION of
money contributed by stockholders, or of funds solicited by
corporations from the general public
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ILLEGAL MARRIAGE
Subsequent marriage is
NULL OR ANNULLABLE
EVEN IF THERES NO 1ST
MARRIAGE
COVERS ALL marriages
which are otherwise
voidable or null and void
EXCEPT BIGAMOUS
MARRIAGES
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2) PUBLICITY
3) MALICE
4) IDENTIFIABLE PERSON
5) TENDS TO CAUSE DISCREDIT, etc.
354. REQUIREMENT FOR PUBLICITY
+ EVERY defamatory IMPUTATION IS PRESUMED to be
MALICIOUS, even if it be true, IF NO GOOD INTENTION &
JUSTIFIABLE MOTIVE FOR MAKING IT IS SHOWN.
EXCEPTIONS:
PRIVATE COMMUNICATION made by any person
to another in the performance of any legal, moral,
or social duty
FAIR AND TRUE REPORT, made in good faith,
without any comments/remarks, of any JUDICIAL,
LEGISLATIVE, OR OTHER OFFICIAL
PROCEEDINGS W/C ARENT OF
CONFIDENTIAL NATURE, or of any statement,
report, or speech delivered in said proceedings, or
of any other act performed by public officers in the
exercise of their functions
+ There is PUBLICITY if the MATERIAL IS
COMMUNICATED TO A 3RD PERSON. Its not required that
the person defamed has read or heard about the libelous
remark. What is material is that a third person has read or
heard the libelous statement
+ Imputation is legally malicious if done without any reason
that would justify a normally conscientious man in so
making the imputation.
+ DOCTRINE OF FAIR COMMENT: While in general every
discernible imputation publicly made is deemed false, when
the imputation is directed against a PUBLIC PERSON IN
HIS PUBLIC CAPACITY, its not necessarily actionable.
+ If the comment is an expression of an opinion, based on
established facts, then its immaterial that the opinion
happens to be mistaken, as long as it might be reasonably
inferred from the facts.
+ KINDS OF PRIVILEGE
1) ABSOLUTE: law doesnt allow malice as a factor. NOT
ACTIONABLE
- Statements by lawyers in pleadings which are relevant to
the case
- Statements in judicial, legislative, or other official
proceedings
- Acts of State
2) QUALIFIED: not actionable unless author was in bad
faith ACTIONABLE IF MALICE IN FACT IS SHOWN
+ UNNECESSARY PUBLICATION DESTROYS THE
PRIVILEGE
+ MALICE IN LAW: that which the law presumes to be
present where the offender cant establish justifiable
reasons or good motives for the imputation. Complainant
doesnt have to prove its existence because its presumed
by law
+ MALICE IN FACT: that which the complainant has to
prove to exist. Offended must prove the existence of malice
to hold the offender criminally and civilly liable. This malice
is RELEVANT IN QUALIFIED PRIVILEGED
COMMUNICATIONS.
355. LIBEL BY MEANS OF WRITINGS OR SIMILAR
MEANS
Libel may be committed by means of:
1) Writing
2) Printing
3) Lithography
4) Engraving
5) Radio
6) Photograph
7) Painting
8) Theatrical exhibition
9) Cinematographic exhibition
10) Any similar means
356. THREATENING TO PUBLISH AND OFFER TO
PREVENT SUCH PUBLICATION FOR A COMPENSATION
Punished acts:
1) THREATENING ANOTHER TO PUBLISH A LIBEL
concerning him, or his parents, spouse, child, or other
family members
2) OFFERING TO PREVENT the PUBLICATION OF SUCH
libel for compensation or money consideration
357. PROHIBITED PUBLICATION OF ACTS REFERRED
TO IN THE COURSE OF OFFICIAL PROCEEDINGS
Elements:
1) Offender is a REPORTER, EDITOR, OR MANAGER of a
NEWSPAPER, daily or magazine
2) He PUBLISHES FACTS CONNECTED W/ THE
PRIVATE LIFE OF ANOTHER
3) SUCH facts are OFFENSIVE TO THE HONOR, VIRTUE
AND REPUTATION OF SAID PERSON
358. SLANDER
Kinds of oral defamation:
1) SIMPLE slander
2) GRAVE slander, when it is of a serious and insulting
nature
+ Source of the statement is known. If the intrigue is in
writing:
FALSIFICATION, if not under oath (false narration
of facts)
PERJURY, if under oath
+ CONSIDER GRAVITY on basis of EXPRESSIONS USED
& ATTENDANT CIRCUMSTANCES
+ As your status goes up, the more respect youre entitled
to and the bigger the amount of damages you can claim
359. SLANDER BY DEED
Elements:
1) Offender PERFORMS ANY ACT NOT INCLUDED IN
ANY OTHER CRIME AGAINST HONOR
2) SUCH act is PERFORMED IN the PRESENCE OF
OTHER PERSON/S
3) SUCH act CASTS DISHONOR, DISCREDIT OR
CONTEMPT UPON THE OFFENDED PARTY
+ Differentiated from:
- Acts of lasciviousness: LEWD DESIGN
- Unjust vexation: ANNOYANCE
- SLANDER BY DEED: PUBLICITY THAT LEADS TO
SHAME
360. PERSONS RESPONSIBLE
Persons responsible for libel:
1) ANY PERSON who shall PUBLISH, EXHIBIT, OR
CAUSE THE PUBLICATION OR EXHIBITION of any
defamation in writing or by similar means
2) The AUTHOR OR EDITOR of a BOOK OR PAMPHLET
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