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Criminal Law II Notes
Criminal Law II Notes
of Nations
Chapter 1: Crimes Against National Security
Section 1: Treason and Espionage
114. Any Filipino citizen who levies war against the
Philiipines or adheres to her enemies, giving them aid or
comfort within the Philippines or elsewhere, shall be
punished by reclusion perpetua to death and shall pay a
fine not to exceed 100,000 pesos.
No person shall be convicted of treason unless on the
testimony of two witnesses at least to the same overt
act or on confession of the accused in open court.
Likewise, an alien, residing in the Philippines, who
commits acts of treason as defined in paragraph 1 of
this Article shall be punished by reclusion temporal to
death and shall pay a fine not to exceed 100,000 pesos.
Cannot be proven by circumstantial evidence or by
extrajudicial confession of the accused
Ways of proving treason:
1. Testimony of two witnesses, at least, to the same
overt act
o Required to prove the overt act of giving aid or
comfort and not necessary to adherence
2. Confession of the accused in open court
o Confession means the confession of guilt
Defendant should be acquitted if only one of the two
witnesses is believed by the court
The two-witness rule is not affected by discrepancies
in minor details of the testimony
Adherence may be proved:
1. By one witness
2. From the nature of the act itself
3. From the circumstances surrounding the act
Elements of treason:
1. That the offender is a Filipino citizen or an alien
residing in the Philippines
2. There is war in which the Philippines is involved
3. That the offender either
a. Levies war against the Government
b. Adheres to the enemies, giving them aid or
comfort
Treason
o a breach of allegiance to a government, committed
by a person who owes allegiance to it (definition)
o a violation by a subject of his allegiance to his
sovereign or to the supreme authority of the State
(nature of the crime)
Filipino citizenship may be proved by his
A. prison record having been filled out with data
supplied by the accused himself
B. Testimony of witnesses who know him to have been
born in the Philippines of Filipino parents
Ro-An Salanga (I-A)
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Elements:
a. That the offender is a public officer
b. That he has in his possession the articles, data
or information referred to in par. 1, by reason of
the public office he holds
c. That he discloses their contents to a
representative of a foreign nation
To be liable, the offender must have the intention to
obtain information relative to the defense of the
Philippines
Persons liable in committing espionage:
o Under paragraph 1:
a. A citizen or a foreigner
b. A private individual or a public officer
If the offender is a public officer or employee, the
penalty next lower in degree shall be imposed
o Under paragraph 2:
Public officer who has in his possession the
article, data, or information by reason of the
public office he holds
o
Espionage
Treason
A crime not conditioned by the citizenship of the offender
May be committed both in
Committed only in time of
time of peace and in war
war
May be committed in many Limited in 2 ways of
ways
committing the crime:
1. Levying war
2. Adhering to the
enemy giving him aid
or comfort
Commonwealth Act No. 616
An Act to Punish Espionage and other Offenses
against National Security
Acts Punishable:
1. Unlawfully obtaining or permitting to be obtained
information affecting national defense;
2. Unlawful disclosing of information affecting
national defense;
3. Disloyal acts or words in time of peace (i.e. causing in
any manner insubordination, disloyalty, mutiny or
refusal of duty of any member of the military, naval,
or air forces of the Philippines);
4. Disloyal acts in time of war;
5. Conspiracy to commit the foregoing acts;
6. Harboring or concealing violators of the law (i.e. the
offender harbors a person whom he knows as
someone who committed or is about to commit a
violation of this Act); and
7. Photographing from aircraft of vital military
information.
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Piracy
Persons who attack the
vessel or seize its cargo are
strangers
Intent to gain is essential
Mutiny
Persons who attack or seize
are members of the crew or
passengers
Intent to ignore the ships
officers or they may be
prompted by a desire to
commit plunder
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Presidential Decree No. 532: Anti-Piracy and AntiHighway Robbery Law of 1974
Aiding or abetting piracy requisites:
1. Knowingly aids or protects pirates;
2. Acquires or receives property taken by such pirates,
or in any manner derives any benefit;
3. Directly or indirectly abets the commission of
piracy.
Under PD 532, piracy may be committed even by a
passenger or member of the complement of the vessel
Title 2: Crimes Against the Fundamental Laws of the
State
Chapter 1: Arbitrary Detention or Expulsion, Violation
of Dwelling, Prohibition, Interruption, and Dissolution
of Peaceful Meetings and Crimes Against Religious
Worship
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b.
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Article 124
Detention is illegal from the
beginning
Article 125
Detention is legal in the
beginning but illegality of
the detention starts from
the expiration of any of the
periods of time specified
without the detained
prisoner detained having
been delivered to the
proper judicial authority
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Subversion
Crime against national
security
Treason
Levying of war against the
Government coupled with
the performance of aiding
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the enemy
May be committed by
mere adherence to the
enemy giving him aid or
comfort
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Proposal to commit
rebellion
Offender induces another to commit rebellion
The crime of rebellion should not be actually committed
by the persons to whom it is proposed or incited
Not required that the
The person who proposes
offender has decided to
has decided to commit
commit rebellion
rebellion
The act of inciting is done The person who proposes
publicly
the execution of the crime
uses secret means
139. The crime of sedition is committed by persons who
rise publicly and tumultuously in order to attain by
force, intimidation, or by other means outside of legal
methods, any of the following objects:
1. To prevent the promulgation or execution of any
law or the holding of any popular election
2. To prevent the National Government, or any
provincial or municipal government, or any public
officer thereof from freely exercising its or his
functions, or prevent the execution of any
administrative order
3. To inflict any act of hate or revenge upon the
person or property of any public officer or
employee
4. To commit, for any political or social end, any act
of hate or revenge against private persons or any
social class; and
5. To despoil, for any political or social end, any
person, municipality or province, or the National
Government (or the Government of the United
States) of all its property or any part thereof.
Elements:
1. The offender rise (a) publicly, and (b) tumultuously
2. They employ force, intimidation, or other means
outside of legal methods
3. The offenders employ any of those means to attain
any of the following objects:
a. To prevent the promulgation or execution of any
law or the holding of any popular election
b. To prevent the National Government, or any
provincial or municipal government, or any public
officer thereof from freely exercising its or his
functions, or prevent the execution of any
administrative order
c. To inflict any act of hate or revenge upon the
person or property of any public officer or
employee
d. To commit, for any political or social end, any act
of hate or revenge against private persons or any
social class; and
Ro-An Salanga (I-A)
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Illegal Assembly
Necessary that there is an
actual meeting or assembly
of armed persons
It is the meeting and
attendance at such meeting
that are punished
Illegal Association
Not necessary that there be
an actual meeting
It is the act of forming or
organizing and membership
in the association that are
punished
The persons liable are:
1. The founders, directors
and president; and
2. The members
Rebellion
Committed by rising
publicly and taking up arms
against the Government for
any purposes defined in
Art. 134 of the RPC
There must be a public
uprising and taking of arms
against the Government
Ordinary Assault
Crime against persons
under Arts. 236 to 266
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Direct Assault
Resistance or Serious
Disobedience
The person in authority or
his agent must be in actual
performance of his duties
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i.
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Elements:
1. There is a person confined in a jail or penal
establishment
2. The offender removes therefrom such person, or
helps the escape of such person
This article applies even if the prisoner is in the
hospital or asylum because it is considered as an
extension of the penal institution
The offense under this article is usually committed by
an outsider but it may also apply to a prisoner who
helps another to escape or to an employee of the penal
establishment provided that he does not have the
custody or charge of such person
o However, if the offender is a public officer who had
the prisoner in his custody or charge, he is liable for
infidelity in the custody of a prisoner (Art. 223)
The use of violence, intimidation or bribery is not an
element and is imposed by a penalty higher
The employment of deceit is not an essential or
integral element of the crime of delivery of prisoners
from jail such that when the same is not alleged in the
information and duly proved in evidence, the accused
cannot be convicted of said crime
Is the person, who substituted for a prisoner by taking
his place in jail, liable under Art. 156? Yes, because this
is removal by other means, that is, deceit
But if the crime committed by the prisoner for which
he is confined or serving sentence is treason, murder,
or parricide, the act of taking the place of the prisoner
in the prison is that of an accessory and he may be
held liable as such, because he assists in the escape of
the principal
If the prisoner removed or whose escape is made
possible by the commission of the crime of delivering
prisoner from jail is a detention prisoner, such
prisoner is not criminally liable
o A prisoner who is criminally liable for leaving the
penal institution only when there is evasion of the
service of his sentence, which can be committed
only by a convict by final judgment
Chapter 6: EVASION OF SERVICE OF SENTENCE
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Violation of
conditional pardon
Does not cause harm or
injury to the right of
other person nor does it
disturb the public order
Merely an infringement
of the terms stipulated in
the contract between the
President and the
criminal
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The special aggravating circumstance of quasirecidivism cannot be offset by any ordinary mitigating
circumstance, because Art. 160 specifically provides
that the offender shall be punished by the maximum
period of the penalty prescribed by law for the new
felony
o But if the convict serving the sentence is a minor
under 16 years old, the penalty can be lowered by at
least one degree since Minority is a privileged
mitigating circumstance
When the convict is a habitual criminal, a quasirecidivist may not be pardoned even if he has reached
the age of 70 years and already served out his original
sentence
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Acts punished:
1. Making or introducing into the Philippines any
stamps, dies, marks, or other instruments or
implements for counterfeiting or falsification
2. Possessing with intent to use the instruments or
implements for counterfeiting or falsification made
in or introduced into the Philippines by another
person
In order to secure a conviction under Par. 2, it is not
necessary that the implements confiscated form a
complete set for counterfeiting, it being enough that
they may be employed by themselves or together with
other implements to commit the crime of
counterfeiting or falsification
The possession prohibited in Arts. 165 and 176 is
possession in general, that is, not only actual, physical
possession, but also constructive possession or the
subjection of the thing to ones control
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Section 3: Duel
260. Responsibility of participants in a duel. The penalty
of reclusion temporal shall be imposed upon any person
who shall kill his adversary in a duel.
If he shall inflict upon the latter physical injuries only, he
shall suffer the penalty provided therefor, according to
their nature.
In any other case, the combatants shall suffer the
penalty of arresto mayor, although no physical injuries
have been inflicted.
The seconds shall in all events be punished as
accomplices.
Duela formal or regular combat previously
concerted between the 2 parties in the presence of 2 or
more seconds of lawful age on each side, who make
the selection of arms and fix all the other conditions
of the fight
Acts punished in duel:
1. By killing ones adversary in a duel
2. By inflicting upon such adversary physical injuries
3. By making a combat although no physical injuries
have been inflicted
Persons liable in a duel:
1. The person who killed or inflicted physical injuries
upon his adversary or both combatants in any other
case, as principals
2. The seconds, as accomplices
Ro-An Salanga (I-A)
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Physical injuries
Attempted or frustrated
homicide
Offender inflicts physical injuries
Attempted homicide may be
committed even if no physical
injuries are inflicted
The offender has no
The offender has an intent to kill
intent to kill
PARAGRAPH 1:
o Impotenceinability to copulate and sterility
o Penalty of reclusion perpetua shall be imposed when
the victim is under 12 years of age
o Blindness must be of 2 eyes
The blindness must be complete
Mere weakness of vision is not contemplated
PARAGRAPH 2:
o It must be loss of power to hear of both ears
o Presupposes that the loss of the use of the hand or
the incapacity for usual work is permanent
Prosecution must prove by clear and conclusive
evidence that the offended party actually cannot
make use of his hand and that such impairment is
permanent
o All those body parts mentioned in par. 2 are
principal members
PARAGRAPH 3:
o any other part of his bodyany other
memberany member other than an eye, a hand, a
foot, an arm, or a leg
o If it is alleged in the information and proved that the
loss of the use of the 3 fingers also resulted in the
loss of the use of the hand itself, it is serious
physical injuries under par. 2
o Deformity requires that it be:
a. Physical ugliness
b. Permanent and definite abnormality, and
c. Conspicuous and visible
o If the scar is usually covered by the dress or clothes,
it would not be conspicuous and visible
o The injury contemplated by the Code is an injury
that cannot be repaired by the action of nature
In case of loss of teeth, a child or an old man is an
exception to this rule
o A front tooth is a member of the body
o If there is loss of power to hear of both ears as a
result of the loss of both outer ears, the crime
should be punished under par. 2
o Deformities:
1. The loss of 3 incisors is a visible deformity, while
the loss of one incisor does not constitute
deformity according to the SC of Spain
But it later cases, loss of one toot which
impaired appearance is deformity
2. Loss of both outer ears
3. Loss of the lobule of the ear
4. Loss of index and middle fingers
Ro-An Salanga (I-A)
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Detention is not
authorized by law
Committed by making an
arrest not authorized by
law
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Elements:
1. That the offender retains a minor in his service
2. That it is against the will of the minor
3. That it is under pretext of reimbursing himself of a
debt incurred by an ascendant, guardian or person
entrusted with the custody of such minor
The existence of an indebtedness constitutes no legal
justification for holding a person and depriving him of
his freedom to live where he wills
274. Services rendered under compulsion in payment of
debt: The penalty of arresto mayor in its maximum
period to prision correccional in its minimum period
shall be imposed upon any person who, in order to
require or enforce the payment of a debt, shall compel
the debtor to work for him, against his will, as
household servant or farm laborer.
Elements:
1. That the offender compels a debtor to work for
him, either as household servant or farm laborer
2. That it is against the debtors will
3. That the purpose is to require or enforce the
payment of a debt
This article does not distinguish whether the victim is
a minor or not
Chapter 2: Crimes against Security
Section 1: Abandonment of helpless persons and
exploitation of minors
Crimes called abandonment of helpless persons and
exploitation of minors:
1. Abandonment of persons in danger and abandonment
of ones victim
2. Abandoning a minor
3. Abandonment of minor by person entrusted with his
custody; indifference of parents
4. Exploitation of minors
275. Abandonment of persons in danger and
abandonment of ones own victim: The penalty of
arresto mayor shall be imposed upon:
1. Anyone who shall fail to render assistance to any
person whom he shall find in an uninhabited place
wounded or in danger of dying, when he can
render such assistance without detriment to
himself, unless such omission shall constitute a
more serious offense
2. Anyone who shall fail to help or render assistance
to another whom he has accidentally wounded or
injured
3. Anyone who, having found an abandoned child
under 7 years of age, shall fail to deliver said child
to the authorities or to his family, or shall fail to
take him to a safe place
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Acts punished:
1. By failing to render assistance to any person whom
the offender shall find in an uninhabited place
wounded or in danger of dying, when he can render
such assistance without detriment to himself, unless
such omission shall constitute a more serious
offense
o Elements:
a. The place is not inhabited
b. The accused found there a person wounded or
in danger of dying
c. The accused can render assistance without
detriment to himself
d. The accused fails to render assistance
2. By failing to help or render assistance to another
whom the offender has accidentally wounded or
injured
3. By failing to deliver a child, under 7 years of age,
whom the offender has found abandoned, to the
authorities or to his family, or by failing to take him
to a safe place
if a person intentionally wounded another in an
uninhabited place, par. 1 is not applicable, because he
did not find him wounded or in danger of dying in
that place
Par. 2 applies only when someone is accidentally
injured by the accused
Under the 3rd way of committing the crime, it is
immaterial that the offender did not know that the
child is under 7 years old
o This par. also applied to one who found a lost child
shall fail to take him to a safe placethe child must
be found by the accused in an unsafe place
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Abandonment of minor by
person entrusted with
custody (Art. 277)
The custody is for the
rearing or education of the
minor
Minor is under 21 years of
age
Minor is delivered to a
public institution or other
person
Abandonment of a minor
(Art. 276)
The custody of the
offender is stated in
general
Minor is 7 years of age
Minor is abandoned as to
deprive him of the care
and protection that his
tender years need
Elements of indifference of parents:
1. That the offender is a parent
2. That he neglects his children by not giving them
education
3. That his station in life requires such education and
his financial condition permits it
The obligation to educate his children terminates, if
the mother and the children refuse without good
reasons to live with the accused; hence, he cannot be
said to have abandoned them and neglected his
children
The failure to give education must be due to deliberate
desire to evade such obligation
278. Exploitation of minors: The penalty of prision
correccional in its minimum and medium periods and a
fine not exceeding 500 pesos shall be imposed upon:
1. Any person who shall cause any boy or girl under
16 years of age to perform any dangerous feat of
balancing, physical strength, or contortion.
2. Any person who, being an acrobat, gymnast, ropewalker, diver, wild-animal tamer or circus
manager, or engaged in a similar calling, shall
employ in exhibitions of these kinds children under
16 years of age who are not his children or
descendants.
3. Any person engaged in any of the callings
enumerated in the next preceding paragraph who
shall employ any descendant of his under 12 years
of age in such dangerous exhibitions.
4. Any ascendant, guardian, teacher or person
entrusted in any capacity with the care of a child
under 16 years of age, who shall deliver such child
gratuitously to any person following any of the
callings enumerated in paragraph 2 hereof, or to
any habitual vagrant or beggar.
If the delivery shall have been made in
consideration of any price, compensation, or
promise, the penalty shall in every case be
imposed in its maximum period.
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Elements:
1. That the offender enters the closed premises or the
fenced estate of another
2. That the entrance is made while either of them is
uninhabited
3. That the prohibition to enter be manifest
4. That the trespasser has not secured the permission
of the owner or the caretaker thereof
premisessignifies distinct and definite locality
o May mean a room, shop, building or definite area,
but in either case, locality is fixed
Trespass to dwelling
Other forms of dwelling
Offender is private person Offender is any person
Enters a dwelling house
Enters closed premises or
fenced estate
inhabited
Uninhabited
Entering the dwelling
Entering closed premises
against the will of the
or fenced estate without
owner
securing the permission of
the owner or caretaker
Prohibition to enter is
Prohibition to enter must
express or implied
be manifest
Section Three. Threats and coercion
282. Grave threats: Any person who shall threaten
another with the infliction upon the person, honor or
property of the latter or of his family of any wrong
amounting to a crime, shall suffer:
1. The penalty next lower in degree than that
prescribed by law for the crime be threatened to
commit, if the offender shall have made the threat
demanding money or imposing any other
condition, even though not unlawful, and said
offender shall have attained his purpose. If the
offender shall not have attained his purpose, the
penalty lower by two degrees shall be imposed.
If the threat be made in writing or through a
middleman, the penalty shall be imposed in its
maximum period.
2. The penalty of arresto mayor and a fine not
exceeding 500 pesos, if the threat shall not have
been made subject to a condition.
The threat must be to inflict a wrong amounting to a
crime upon the person, honor, or property of the
offended party or that of his family
Essence of the crime of threats is intimidation
Intimidationthere is a promise of some future harm
or injury, either to the person, honor or property of
the offended party or of his family
Elements of grave threats where offender attained his
purpose:
1. That the offender threatens another person with the
infliction upon the latters person, honor or
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Bribery
Transaction is mutual and
voluntary
Victim has committed a
crime and gives money or
gift to avoid arrest or
prosecution
Victim parts with his money
or property voluntarily
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Attempted rape
Acts of Lasciviousness
The lascivious acts are
The lascivious acts are the
preparatory acts to the
final objective sought by the
commission of rape
offender
There is clear indication
that the purpose was to lie
with the offended woman
While committing an act amounting to attempted rape,
the offender desisted but acts of lasciviousness were
already committed, the offender will be liable under
Art. 336
There are no frustrated and attempted acts of
lasciviousness
Acts of lasciviousness
Lewd design must be
present
Committed by any of the 4
circumstances
Unjust vexation
Lewd design is not present
Usually not accompanied by
force or intimidation
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Forcible abduction
There is lewd design
There is deprivation of liberty
Forcible abduction with
rape
The violent taking is
motivated by lewd designs
Offense against chastity
o
o
Corruption of minors
There is no lewd design
Purpose is to lend the
offended party to illicit
intercourse with others
Kidnapping and serious
illegal detention
There is no lewd design
Kidnapping with rape
The violent taking is not
motivated by lewd designs
Offense against personal
liberty
Complex crimes:
Forcible abduction with rape
One count of forcible abduction with rape and 3
separate acts of rape
There is no complex crime of forcible abduction with
attempted rape being that the attempt to rape is
absorbed by the abduction as considered as the lewd
design of forcible abduction
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Forcible abduction
Rape
There was an abduction but Absorbs forcible abduction
the resistance of the woman if the main objective was to
to the alleged rape was not
rape the victim
tenacious
There is an attempted forcible abduction
Conviction of acts of lasciviousness is not a bar to
conviction of forcible abduction because one of these
two crimes involves some important act which is not
an essential element of the other
Forcible abduction
Acts of lasciviousness
Actual illicit relations with
Lecherous acts must have
the woman abducted need
actually been committed
not be shown
The person abducted must
The lustful acts may be
be a woman
committed upon persons of
either sex
343. Consented abduction: The abduction of a virgin
over 12 and under 18 years of age, carried out with her
consent and with lewd designs, shall be punished by the
penalty of prision correccional in its minimum and
medium periods.
Elements:
1. That the offended party must be a virgin
2. That she must be over 12 and under 18 years of age
3. That the taking away of the offended party must be
with her consent, after solicitation or cajolery from
the offender
4. That the taking away of the offended party must be
with lewd designs
If the offended party is under 12 years of age, the
crime committed is forcible abduction, even if the girl
agrees to the elopement
Purpose of the law: to prescribe punishment for the
disgrace to her family and the alarm caused therein by
the disappearance of the one who is, be her age and
sex, susceptible to cajolery and deceit
The taking away need not be with some character of
permanence but always with lewd design
The offended party need not be taken from her house
Consent f the minor to being taken away may be due
to honeyed promises of marriage by the offender
When there was no solicitation or cajolery and no
deceit and the girl voluntarily went with the man, there
is no crime committed even if they had sexual
intercourse
There is a complex crime of consented abduction with
rape
Chapter 5: PROVISIONS RELATIVE TO THE PRECEDING
CHAPTERS OF TITLE 11
344. Prosecution of the crimes of adultery, concubinage,
abduction, rape, and acts of lasciviousness: The
crimes of adultery and concubinage shall not be
Ro-An Salanga (I-A)
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