Professional Documents
Culture Documents
C R I M I N A L L AW ( B O O K 2 )
REVIEWER
ATENEO CENTRAL BAR OPERATIONS 2001
TITLE ONE
I. CRIMES AGAINST NATIONAL SECURITY
Article 114
• ELEMENTS OF TREASON:
a. That the offender owes allegiance to the Government of the Philippines
b. That there is a war in which the Philippines is involved
c. That the offender either –
d. Levies war against the government,
1. breech of allegiance
2. actual assembling of men
3. for the purpose of executing a reasonable design
e. Adheres to the enemies, giving them aid and comfort
1. breech of allegiance
2. adherence
3. giving aid or comfort to the enemy
• Ways of proving treason:
a. 2 witnesses testifying to same overt act
Example: X saw arms landed in La Union and loaded into a motor vehicle. At this
stage, not sufficient to convict yet. Y later saw the arms unloaded in a
warehouse. Will X + Y be sufficient witnesses to convict? Answer: NO. Because
the law requires that 2 witnesses see the SAME OVERT ACT.
b. Confession of the accused in open court. Arraignment, pre-trial, trial – OK.
1. If he has pleaded NOT guilty already during arraignment, he can still confess
in open court by stating the particular acts constituting treason.
2. During trial, simply saying “I’m guilty” is not enough.
3. Withdrawing plea of “not guilty” during arraignment not necessary
4. If during arraignment he pleads guilty, court will ask if the accused
understands is plea. Submission of affidavit during trial, even if assisted by
counsel is not enough.
• Treason: breach of allegiance to the government, committed by a person who owes
allegiance to it. Allegiance: obligation of fidelity and obedience. It is permanent or
temporary depending on whether the person is a citizen or an alien.
• Evident premeditation, superior strength and treachery are circumstances inherent in
treason, and are, therefore, not aggravating.
• Treason cannot be committed in times of peace, only in times of war – actual
hostilities. But no need for declaration of war
• Levying of war: a) that there be an actual assembling of men; b) for the purpose of
executing a treasonable design by force (deliver the country in whole or in part to the
enemy)
• Not Treasonous:
a. Acceptance of public office and discharge of official duties under the enemy
does not constitute per se the felony of treason (exception: when it is policy
determining)
b. Serving in a puppet government (ministerial functions) and in order to serve
the populace is NOT treasonous. But it is treason if: a) there is discretion
involved; b) inflicts harm on Filipinos; c) it is disadvantageous to them.
c. Purpose of offender: to deliver the Philippines to enemy country; if merely to
change officials – not treason
• On Citizenship
a. Filipino citizens can commit treason outside the Philippines. But that of an
alien must be committed in the Philippines.
b. Only Filipino citizens or permanent resident aliens can be held liable
c. Alien: with permanent resident status from the BID – it is neither the length of
stay in the Philippines nor the marriage with a Filipino that matters.
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REVIEWER
ATENEO CENTRAL BAR OPERATIONS 2001
Article 115
CONSPIRACY TO COMMIT TREASON
• ELEMENTS:
a. In time of war
b. 2 or more persons come to an agreement to
1. levy war against the government, or
2. adhere to the enemies and to give them aid or comfort,
c. They decide to commit it
• ELEMENTS OF PROPOSAL TO COMMIT TREASON
a. In time of war
b. A person who has decided to levy war against the government, or to adhere
to the enemies and to give them aid or comfort, proposes its execution to
some other person/s.
• Mere agreement and decisions to commit treason is punishable
• Mere proposal even without acceptance is punishable too. If the other accepts, it is
already conspiracy.
Article 116
MISPRISION OF TREASON
• ELEMENTS:
a. That the offender must be owing allegiance to the government, and not a
foreigner
b. That he has knowledge of any conspiracy (to commit treason) against the
government
c. That he conceals or does not disclose and make known the same as soon as
possible to the governor or fiscal of the province or the mayor or fiscal of the
city in which he resides
• Offender is punished as an accessory to the crime of treason
• This crime does not apply if the crime of treason is already committed
• Crime of omission
• “To report within a reasonable time” – depends on time, place and circumstance –
the RPC did not fix time.
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ATENEO CENTRAL BAR OPERATIONS 2001
• RPC states 4 individuals, what if you report to some other high-ranking government
official? Ex. PNP Director? Judge Pimentel says any gov’t official of the DILG is OK.
Article 117
Espionage by entering, without authority therefor, warship, fort, or naval or
military establishments or reservation to obtain any information, plans,
photographs or other data of a confidential nature relative to the defense of the
Philippines.
• ELEMENTS:
a. 1. That the offender enters any of the places mentioned therein
2 2. That he has no authority therefore;
b. That his purpose is to obtain information, plans, photographs or other data of a
confidential nature relative to the defense of the Philippines
Article 118
INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS
• ELEMENTS:
a. That the offender performs unlawful or unauthorized acts
b. That such acts provoke or give occasion for a war involving or liable to involve
the Philippines or expose Filipino citizens to reprisals on their persons or property
• Crime is committed in time of peace, intent is immaterial
• Inciting to war – offender is any person
• Reprisals is not limited to military action, it could be economic reprisals, or denial of
entry into their country. Example. X burns Chinese flag. If China bans the entry of
Filipinos into China, that is already reprisal.
Article 119
VIOLATION OF NEUTRALITY
ELEMENTS:
a. That there is war in which the Philippines is not involved
b. That there is a regulation issued by competent authority for the purpose of
enforcing neutrality
c. That the offender violates such regulation
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REVIEWER
ATENEO CENTRAL BAR OPERATIONS 2001
• Gov’t must have declared the neutrality of the Phil in a war between 2 other countries
• It is neutrality of the Phil that is violated
• Congress has the right to declare neutrality
Article 120
CORRESPONDENCE WITH HOSTILE COUNTRY
ELEMENTS:
a. That it is in time of war in which the Philippines is involved
b. That the offender makes correspondence with an enemy country or territory
occupied by enemy troops
c. That the correspondence is either –
1. prohibited by the government, or
2. carried on in ciphers or conventional signs, or
3. containing notice or information which might be useful to the enemy
• Circumstances qualifying the offense:
1 a. notice or information might be useful to the enemy
2 b. offender intended to aid the enemy
• Hostile country exist only during hostilities or after the declaration of war
• Correspondence to enemy country – correspondence to officials of enemy country –
even if related to you.
• It is not correspondence with private individual in enemy country
• If ciphers were used, no need for prohibition
• If ciphers were not used, there is a need for prohibition
• In any case, it must be correspondence with the enemy country
• Doesn’t matter if correspondence contains innocent matters – if prohibited,
punishable
Article 121
FLIGHT TO ENEMY’S COUNTRY
• ELEMENTS
a. That there is a war in which the Philippines is involved
b. That the offender (Filipino or resident alien) must be owing allegiance to the
government
c. That the offender attempts to flee or go to enemy country
d. That going to enemy country is prohibited by competent authority
• Mere attempt consummates the crime
• There must be a prohibition. If none, even if went to enemy country – no violation
• Alien resident may be guilty here.
Article 122
PIRACY
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2. seize the whole or part of the cargo of said vessel, its equipment or personal
belongings of its complement or passengers
• High seas: any waters on the sea coast which are without the boundaries of the low
water mark although such waters may be in the jurisdictional limits of a foreign gov’t
• PD 532 has been already repealed
• Piracy in high seas – jurisdiction is with any court where offenders are found or
arrested
• Piracy in internal waters – jurisdiction is only with Philippine courts
• For purpose of Anti-Fencing Law, piracy is part of robbery and theft
Piracy Mutiny
Robbery or forcible degradation on the Unlawful resistance to a superior officer, or
high seas, without lawful authority and the raising of commotion and disturbances
done with animo furandi and in the spirit on board a ship against the authority of its
and intention of universal hostility. commander
Article 123
QUALIFIED PIRACY
• CIRCUMSTANCES:
a. Whenever they have seized a vessel by boarding or firing upon the same
b. Whenever the pirates have abandoned their victims without means of saving
themselves
c. Whenever the crime is accompanied by murder, homicide, physical injuries, or
rape. (the above may result to qualified mutiny)
• Parricide/infanticide should be included (Judge Pimentel)
• Note the new rape law. Death is imposed in certain types of rape
• There is a conflict between this provision and the provision on rape. Ex. If rape is
committed on someone below 7 – death under the new rape law. But if rape
committed on someone below 7 during the time of piracy – RP to death.
Irreconcilable.
• Murder/rape/homicide/physical injuries must have been committed on the
passengers or complement
TITLE TWO
Article 124
ARBITRARY DETENTION
• ELEMENTS:
a. That the offender is a public officer or employee (whose official duties include the
authority to make an arrest and detain persons; jurisdiction to maintain peace
and order).
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REVIEWER
ATENEO CENTRAL BAR OPERATIONS 2001
Article 125
DELAY IN THE DELIVERY OF DETAINED PERSONS
• ELEMENTS:
a. That the offender is a public officer or employee
b. That he has detained a person for some legal grounds
c. That he fails to deliver such person to the proper judicial authority within:
1. 12 hours, if detained for crimes/offenses punishable by light penalties, or their
equivalent
2. 18 hours, for crimes/offenses punishable by correctional penalties, or their
equivalent or
3. 36 hours, for crimes/offenses punishable by capital punishment or afflictive
penalties, or their equivalent
• Really means delay in filing necessary information or charging of person detained in
court. May be waived if a preliminary investigation is asked for.
• Does not contemplate actual physical delivery but at least there must be a complaint
filed. Duty complied with upon the filing of the complaint with the judicial authority
(courts, prosecutors – though technically not a judicial authority, for purposes of this
article, he’s considered as one.)
• The filing of the information in court does not cure illegality of detention. Neither does
it affect the legality of the confinement under process issued by the court.
• To escape from this, officers usually ask accused to execute a waiver which should
be under oath and with assistance of counsel. Such waiver is not violative of the
accused constitutional right.
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• What is length of waiver? Light offense – 5 days. Serious and less serious offenses –
7 to 10 days. (Judge Pimentel)
• Article does not apply when arrest is via a warrant of arrest
• If offender is a private person, crime is illegal detention
Article 126
DELAYING RELEASE
ELEMENTS:
a. That the offender is a public officer or employee
b. That there is a judicial or executive order for the release of a prisoner or
detention prisoner, or that there is a proceeding upon a petition for the liberation
of such person
c. That the offender without good reason delays:
1. the service of the notice of such order to the prisoner, or
2. the performance of such judicial or executive order for the release of the
prisoner, or
3. the proceedings upon a petition for the release of such person
• Three acts are punishable:
a. delaying the performance of a judicial or executive order for the release of a
prisoner
b. delaying the service of notice of such order to said prisoner
c. delaying the proceedings upon any petition for the liberation of such person
• Wardens and jailers are the persons most likely to violate this provision
• Provision does not include legislation
Article 127
EXPULSION
ELEMENTS:
a. That the offender is a public officer or employee
b. That he expels any person from the Philippines, or compels a person to change
his residence
c. That the offender is not authorized to do so by law
• 2 acts punishable:
a. by expelling a person from the Philippines
b. by compelling a person to change his residence
(The crime of expulsion absorbs that of grave coercion. If done by a private person,
will amount to grave coercion)
i.e.,Villavicencio v. Lukban: prostitutes’ case
• Does not include undesirable aliens; destierro; or when sent to prison
• If X (Filipino) after he voluntarily left, is refused re-entry – is considered forcing him to
change his address here
• Threat to national security is not a ground to expel or change his address.
Article 128
VIOLATION OF DOMICILE
ELEMENTS:
a. That the offender is a public officer or employee
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b. That he is not authorized by judicial order to enter the dwelling and/or to make a
search therein for papers or other effects
c. That he commits any of the following acts:
1. entering any dwelling against the will of the owner thereof
2. searching papers or other effects found therein without the previous consent
of such owner
3. refusing to leave the premises, after having surreptitiously entered said
dwelling and after having been required to leave the same
• Aggravating Circumstance (medium and maximum of penalty imposed):
a. offense committed at nighttime
b. papers or effects not constituting evidence of a crime be not returned
immediately
• If the offender who enters the dwelling against the will of the owner thereof is a
private individual, the crime committed is trespass to dwelling (Art 280)
• When a public officer searched a person “outside his dwelling” without a search
warrant and such person is not legally arrested for an offense, the crime committed
by the public officer is grave coercion, if violence or intimidation is used (Art 286), or
unjust vexation, if there is no violence or intimidation (Art 287)
• A public officer without a search warrant cannot lawfully enter the dwelling against
the will of the owner, even if he knew that someone in that dwelling is having
unlawful possession of opium
• 3 acts punishable:
a. person enters dwelling w/o consent or against the will
b. person enters and searches for papers and effects
c. person entered secretly and refuses to leave after being asked to
• “Being authorized by law” – means with search warrant, save himself or do some
things good for humanity
• There must be expression that entry is denied or that he is asked to leave
• Papers and effects need not be part of a crime.
Article 129
SEARCH WARRANTS MALICIOUSLY OBTAINED
ELEMENTS:
a. That the offender is a public officer or employee
b. That he procures a search warrant
c. That there is no just cause
ELEMENTS:
a. That the offender is a public officer or employee
b. That he has legally procured a search warrant
c. That he exceeds his authority or uses unnecessary severity in executing the
same
• Search warrant is valid for 10 days from its date
• Search warrant is an order in writing issued in the name of the People, signed by the
judge and directed to a public officer, commanding him to search for personal
property described therein and bring it before the court
• No just cause – warrant is unjustified
• Search – limited to what is described in the warrant, all details must be with
particularity
• Malicious warrant. Example. X was a respondent of a search warrant for illegal
possession of firearms. A return was made. The gun did not belong to X and the
witness had no personal knowledge that there is a gun in that place.
• Abuse examples:
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REVIEWER
ATENEO CENTRAL BAR OPERATIONS 2001
Article 130
• ELEMENTS OF SEARCHING DOMICILE WITHOUT WITNESSES:
a. That the offender is a public officer or employee
b. That he is armed with a search warrant legally procured
c. That he searches the domicile, papers or other belongings of any person
d. That the owner, or any member of his family, or two witnesses residing in the
same locality are not present
• Order of those who must witness the search:
a. Homeowner
b. Members of the family of sufficient age and discretion
c. Responsible members of the community (can’t be influenced by the searching
party)
• Validity of the search warrant can be questioned only in 2 courts: where issued or
where the case is pending. Latter is preferred for objective determination.
Article 131
PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS
• ELEMENTS:
a. Offender is a public officer or employee
b. He performs any of the ff. acts:
1. prohibiting or interrupting, without legal ground the holding of a peaceful
meeting, or dissolving the same (e.g. denial of permit in arbitrary manner).
2. hindering any person from joining any lawful association or from attending
any of its meetings
• prohibiting or hindering any person from addressing, either alone or together with
others, any petition to the authorities for the correction of abuses or redress of
grievances
• If the offender is a private individual, the crime is disturbance of public order (Art 153)
• Meeting must be peaceful and there is no legal ground for prohibiting, dissolving or
interrupting that meeting
• Meeting is subject to regulation
• Offender must be a stranger, not a participant, in the peaceful meeting; otherwise, it’s
unjust vexation
• Interrupting and dissolving a meeting of the municipal council by a public officer is a
crime against the legislative body, not punishable under this article
• The person talking on a prohibited subject at a public meeting contrary to agreement
that no speaker should touch on politics may be stopped
• But stopping the speaker who was attacking certain churches in public meeting is a
violation of this article
• Prohibition must be without lawful cause or without lawful authority
• Those holding peaceful meetings must comply with local ordinances. Example:
Ordinance requires permits for meetings in public places. But if police stops a
meeting in a private place because there’s no permit, officer is liable for stopping the
meeting.
Article 132
INTERRUPTION OF RELIGIOUS WORSHIP
• ELEMENTS:
a. That the officer is a public officer or employee
b. That religious ceremonies or manifestations of any religion are about to take
place or are going on
c. That the offender prevents or disturbs the same
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Article 133
OFFENDING RELIGIOUS FEELINGS
• ELEMENTS:
a. That the acts complained of were performed –
1. in a place devoted to religious feelings, or (for this element, no need of
religious ceremony, only the place is material)
2. during the celebration of any religious ceremony
b. That the acts must be notoriously offensive to the feelings of the faithful
(deliberate intent to hurt the feelings)
c. The offender is any person
d. There is a deliberate intent to hurt the feelings of the faithful, directed against
religious tenet
• If in a place devoted to religious purpose, there is no need for an ongoing religious
ceremony
• Example of religious ceremony (acts performed outside the church). Processions
and special prayers for burying dead persons but NOT prayer rallies
• Acts must be directed against religious practice or dogma or ritual for the purpose of
ridicule, as mocking or scoffing or attempting to damage an object of religious
veneration
• There must be deliberate intent to hurt the feelings of the faithful, mere arrogance or
rudeness is not enough
TITLE THREE
I. CRIMES AGAINST PUBLIC ORDER
Article 134
REBELLION OR INSURRECTION
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• ELEMENTS:
a. That there be –
1. public uprising and
2. taking arms against the government (force/violence)
b. That the purpose of the uprising or movement is either
1. to remove from the allegiance to said government or its laws –
3 i. the territory of the Philippines or any part thereof, or
4 ii. any body of land, naval or other armed forces, or
2 To deprive the chief executive or congress, wholly or partially, of any of their
powers or prerogatives
• Persons liable for rebellion
a. Any person who: 1. promotes
2. maintains, or
3. heads a rebellion or insurrection; or
b. Any person who, while holding any public office or employment, takes part
therein by:
1. engaging in war against the forces of the government
2. destroying property or committing serious violence
3. exacting contributions or diverting public funds from the lawful purpose for
which they have been appropriated (Note: “diverting public funds” is
malversation absorbed in rebellion);
4. Any person merely participating or executing the command of others in
rebellion
• Success is immaterial, purpose is always political
• Rebellion used where the object of the movement is completely to overthrow and
supersede the existing government
• Insurrection refers to a movement which seeks merely to effect some change of
minor importance to prevent the exercise of gov’t authority w/ respect to particular
matters or subjects
• Actual clash of arms w/ the forces of the gov’t, not necessary to convict the accused
who is in conspiracy w/ others actually taking arms against the gov’t
• Purpose of the uprising must be shown but it is not necessary that it be
accomplished
• A change of government w/o external participation
• RISING PUBLICLY and TAKING ARMS AGAINST GOVERNMENT – actual
participation. If there is no public uprising, the crime is of direct assault.
• Mere giving of aid or comfort is not criminal in the case of rebellion. Merely
sympathizing is not participation, there must be ACTUAL participation
• Not necessary that there is killing, mere threat of removing Phil is sufficient
• Rebellion cannot be complexed with any other crime. However, illegal possession of
firearms in furtherance of rebellion is distinct from the crime of rebellion.
Furthermore, it is a continuing crime such along with the crime of conspiracy or
proposal to commit such
• A private crime may be committed during rebellion. Examples: killing, possessions of
firearms, illegal association are absorbed. Rape, even if not in furtherance of
rebellion cannot be complexed
• If killing, robbing were done for private purposes or for profit, without any political
motivation, the crime would be separately be punished and would not be embraced
by rebellion (People v. Fernando)
• Read People v. Hernandez and Enrile v. Salazar
• Person deemed leader of rebellion in case he is unknown:
• Any person who in fact:
a. directed the others
b. spoke for them
c. signed receipts and other documents issued in their name
d. performed similar acts on behalf of the rebels
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Article 134-A
COUP D E’TAT
• ELEMENTS:
a. Swift attack
b. Accompanied by violence, intimidation, threat, strategy or stealth
c. Directed against:
1. duly constituted authorities
2. any military camp or installation
3. communication networks or public utilities
4. other facilities needed for the exercise and continued possession of power
5. Singly or simultaneously carried out anywhere in the Philippines
6. Committed by any person or persons belonging to the military or police or
holding any public office or employment; with or without civilian support or
participation
7. With or without civilian support or participation
8. Purpose of seizing or diminishing state power
• Crime may be committed by a single person, any government employee and even by
civilian
• Taking up of arms not even necessary, what is important is violence, threat,
intimidation, strategy or stealth
Article 135
PENALTIES
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• Serious violence is that inflicted upon civilians, which may result in homicide. It is not
limited to hostilities against the armed force.
• Diverting public funds is malversation absorbed in rebellion
a. Public officer must take active part because mere silence or omission not
punishable in rebellion
b. It is not a defense in rebellion that the accused never took the oath of allegiance
to, or that they never recognized the government
c. Rebellion cannot be complexed with murder and other common crimes
committed in pursuance of the movement to overthrow the government
d. Killing, robbing etc for private persons or for profit, without any political
motivation, would be separately punished and would not be absorbed in the
rebellion.
Article 136
CONSPIRACY TO COMMIT REBELLION OR INSURRECTION
• ELEMENTS:
a. 2 more persons come to an agreement to rise publicly and take arms against the
government
b. For any of the purposes of rebellion
c. They decide to commit it
Article 137
DISLOYALTY OF PUBLIC OFFICERS AND EMPLOYEES
• ELEMENTS:
a. Failing to resist rebellion by all the means in their power
b. Continuing to discharge the duties of their offices under the control of rebels
c. Accepting appointment to office under rebels
• Presupposes existence of rebellion
• Must not be in conspiracy with rebels or coup plotters
• If there are means to prevent the rebellion but did not resist it, then there’s disloyalty.
If there are no means, no fault
• If position is accepted in order to protect the people, not covered by this
• The collaborator must not have tried to impose the wishes of the rebels of the
people.
Article 138
INCITING TO REBELLION OR INSURRECTION
• ELEMENTS:
a. That the offender does not take arms or is not in open hostility against the
government
b. That he incites others to the execution of any of the acts of rebellion
c. That the inciting is done by means of speeches, proclamations, writings,
emblems, banners or other representations tending to the same end
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Article 139
SEDITION
• ELEMENTS:
a. That the offenders rise –
1. Publicly (if no public uprising = tumult and other disturbance of public order)
2. Tumultuously (vis-à-vis rebellion where there must be a taking of arms)
b. That they employ force, intimidation, or other means outside of legal methods
c. That the offenders employ any of those means to attain 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 thereof from freely exercising its or his functions,
or prevent the execution of any administrative order
3. to inflict any act or 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 (hence, even private persons may be
offended parties)
5. to despoil, for any political or social end, any person, municipality or province,
or the national government of all its property or any part thereof
• Sedition: raising of commotion or disturbances in the State. Its ultimate object is a
violation of the public peace or at least such measures that evidently engenders it.
• Difference from rebellion – object or purpose of the surprising. For sedition –
sufficient that uprising is tumultuous. In rebellion – there must be taking up of arms
against the government.
• Sedition – purpose may be either political or social. In rebellion – always political
• Tumultuous – caused by more than 3 persons who are armed or provided with
means of violence
• Preventing public officers from freely exercising their functions
• In sedition – offender may be a private or public person (Ex. Soldier)
• Public uprising and the object of sedition must concur
• Q: Are common crimes absorbed in sedition? In P v. Umali, SC held that NO. Crimes
committed in that case were independent of each other.
• Preventing election through legal means – NOT sedition
• But when sugar farmers demonstrated and destroyed the properties of sugar barons
– sedition
• Persons liable for sedition:
a. leader of the sedition, and
b. other persons participating in the sedition
Article 142
INCITING TO SEDITION
• ELEMENTS:
a. That the offender does not take a direct part in the crime of sedition
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b. That he incites others to the accomplishment of any of the acts which constitute
sedition (134)
c. That the inciting is done by means of speeches, proclamations, writing, emblems,
cartoons, banners, or other representations tending to the same end (purpose:
cause commotion not exactly against the government; actual disturbance not
necessary)
• Different acts of inciting to sedition:
a. Inciting others to the accomplishment of any of the acts which constitute sedition
by means of speeches, proclamations, writings, emblems etc.
b. Uttering seditious words or speeches which tend to disturb the public peace or
writing, publishing, or circulating scurrilous [vulgar, mean, libelous] libels against
the government or any of the duly constituted authorities thereof, which tend to
disturb the public peace
c. Knowingly concealing such evil practices
• When punishable:
a. when they tend to disturb or obstruct any lawful officer in executing the functions
of his office; or
b. when they tend to instigate others to cabal and meet together for unlawful
purposes
c. when they suggest or incite rebellious conspiracies or riots; or
d. when they lead or tend to stir up the people against the lawful authorities or to
disturb the peace of the community, the safety and order of the government
Article 143
ACTS TENDING TO PREVENT THE MEETING OF CONGRESS AND SIMILAR
BODIES
• ELEMENTS:
a. That there be a projected or actual meeting of Congress or any of its committees
or subcommittees, constitutional commissions or committees or division thereof,
or of any provincial board or city or municipal council or board
b. That the offender who may be any persons prevents such meeting by force or
fraud
• Chief of Police and mayor who prevented the meeting of the municipal council are
liable under Art 143, when the defect of the meeting is not manifest and requires an
investigation before its existence can be determined.
Article 144
DISTURBANCE OF PROCEEDINGS
• ELEMENTS:
a. That there be a meeting of Congress or any of its committees, constitutional
commissions or committees or divisions thereof, or of any provincial board or city
or municipal council or board
b. That the offender does any of the following acts
1. he disturbs any of such meetings
2. he behaves while in the presence of any such bodies in such a manner as to
interrupt its proceedings or to impair the respect due it
• Complaint must be filed by member of the Legislative body. Accused may also be
punished for contempt.
Article 145
VIOLATION OF PARLIAMENTARY IMMUNITY
• Acts punishable:
a. By using force, intimidation, threats, or frauds to prevent any member of
Congress from –
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Article 146
ILLEGAL ASSEMBLIES
Article 147
ILLEGAL ASSOCIATIONS
• ELEMENTS:
a. Organized totally or partially for the purpose of committing any of the crimes in
RPC
b. Or for some purpose contrary to public morals
• Persons liable:
a. founders, directors and president of the association
b. mere members of the association
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Article 148
DIRECT ASSAULT
• Person in authority: any person directly vested with jurisdiction (power or authority to
govern and execute the laws) whether as an individual or as a member of some
court or governmental corporation, board or commission
• A barangay captain is a person in authority, so is a Division Superintendent of
schools, President of Sanitary Division and a teacher
• Agent: is one who, by direct provision of law or by election or by appointment by
competent authority, is charged with the maintenance of public order and the
protection and security of life and property. (Example. Barrio councilman and any
person who comes to the aid of the person in authority, policeman, municipal
treasurer, postmaster, sheriff, agents of the BIR, Malacañang confidential agent)
• Even when the person in authority or the agent agrees to fight, still direct assault.
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• When the person in authority or the agent provoked/attacked first, innocent party is
entitled to defend himself and cannot be held liable for assault or resistance nor for
physical injuries, because he acts in legitimate self-defense
• There can be no assault upon or disobedience to one authority by another when they
both contend that they were in the exercise of their respective duties.
• When assault is made by reason of the performance of his duty there is no need for
actual performance of his official duty when attacked
• Circumstances qualifying the offense (Qualified Assault):
a. when the assault is committed with a weapon
b. when the offender is a public officer or employee
c. when the offender lays hand upon a person in authority
• Complex crime of direct assault with homicide or murder, or with serious physical
injuries.
• Direct assault cannot be committed during rebellion.
Article 149
INDIRECT ASSAULT
• ELEMENTS:
a. That a person in authority or his agent is the victim of any of the forms of direct
assault defined in ART. 148.
b. That a person comes to the aid of such authority or his agent.
c. That the offender makes use of force or intimidation upon such person coming to
the aid of the authority or his agent.
• Indirect assault can be committed only when a direct assault is also committed
• To be indirect assault, the person who should be aided is the agent (not the person in
authority because it is already direct assault, the person coming to the aid of the
person in authority being considered as an agent and an attack on the latter is
already direct assault). Example. Aiding a policeman under attack.
Article 150
DISOBEDIENCE TO SUMMONS
• Acts punishable:
a. refusing without legal excuse to obey summons
b. refusing to be sworn or placed under affirmation
c. refusing to answer any legal inquiry to produce books, records etc.
d. restraining another from attending as witness in such body
e. inducing disobedience to a summons or refusal to be sworn
Article 151
RESISTANCE DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENT OF
SUCH PERSON (par. 1)
• ELEMENTS:
a. That a person in authority or his agent is engaged in the performance of official
duty or gives a lawful order to the offender.
b. That the offender resists or seriously disobeys such person in authority or his
agent.
c. That the act of the offender is not included in the provisions of arts. 148, 149 and
150.
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Article 153
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participants therein, this article applies. Art 131 and 132 punishes the same acts if
committed by public officers who are NOT participants in the meeting
• The outcry is merely a public disorder if it is an unconscious outburst which, although
rebellious or seditious in nature, is not intentionally calculated to induce others to
commit rebellion or sedition, otherwise, its inciting to rebellion or sedition.
• Tumultuous – if caused by more than 3 persons who are armed or provided with
means of violence (circumstance qualifying the disturbance/interruption) –
“tumultuous in character”
Article 154
• TYPES OF UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL
UTTERANCES:
a. Publishing or causing to be published, by means of printing, lithography or any
other means of publication as news any false news which may endanger the
public order, or cause damage to the interest or credit of the State.
b. Encouraging disobedience to the law or to the constituted authorities or by
praising, justifying or extolling any act punished by law, by the same means or by
words, utterances or speeches
c. Maliciously publishing or causing to be published any official resolution or
document without proper authority, or before they have been published officially
d. Printing, publishing or distributing or (causing the same) books, pamphlets,
periodicals or leaflets which do not bear the real printer’s name or which are
classified as anonymous.
Article 155
• TYPES OF ALARMS AND SCANDALS:
a. Discharging any firearm, rocket, firecracker, or other explosive within any town or
public place, calculated to cause alarm or danger
b. Instigating or taking active part in any charivari or other disorderly meeting
offensive to another or prejudicial to public tranquility
c. Disturbing the public peace while wandering about at night or while engaged in
any other nocturnal amusement
d. Causing any disturbance or scandal in public places while intoxicated or
otherwise, provided the act is not covered by Art 153 (tumult).
• Charivari – mock serenade or discordant noises made with kettles, tin horns etc,
designed to deride, insult or annoy
• Firearm must not be pointed at a person, otherwise, it is illegal discharge
• What governs is the result, not the intent
Article 156
• ELEMENTS OF DELIVERING PRISONERS FROM JAILS:
a. That there is a person confined in a jail or penal establishment.
b. That the offender removes therefor such person, or helps the escape of such
person (if the escapee is serving final judgement, he is guilty of evasion of
sentence).
c. Offender is a private individual
• Prisoner may be detention prisoner or one sentenced by virtue of a final judgment
• A policeman assigned to the city jail as guard who while off-duty released a prisoner
is liable here
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Article 157
• ELEMENTS OF EVASION OF SERVICE OF SENTENCE:
a. That the offender is a convict by final judgment.
b. That he is serving his sentence which consists in deprivation of liberty
(destierro included)
c. That he evades the service of his sentence by escaping during the term if his
sentence. (fact of return immaterial).
• A continuing offense.
• Offenders – not minor delinquents nor detention prisoners
• If escaped within the 15 day appeal period – no evasion
• No applicable to deportation as the sentence
• Flimsy excuse for violating destierro – not acceptable
• Circumstances qualifying the offense (done thru):
a. unlawful entry (by “scaling”)
b. breaking doors, windows, gates, walls, roofs or floors
c. using picklocks, false keys, disguise, deceit, violence or intimidation
d. connivance with other convicts or employees of the penal institution
Article 158
• ELEMENTS OF EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF
DISORDERS, CONFLAGRATIONS, EARTHQUAKES OR OTHER CALAMITIES:
a. That the offender is a convict by final judgement who is confined in a penal
institution.
b. That there is disorder, resulting from- 1. conflagration,
2. earthquake,
3. explosion, or
4. similar catastrophe, or
5. mutiny in which he has not participated.
c. That the offender evades the service of his sentence by leaving the penal
institution where he is confined, on the occasion of such disorder or during
the mutiny.
d. That the offender fails to give himself up to the authorities within 48 hours
following the insurance of a proclamation by the chief executive announcing
the passing away of such calamity.
• Penalty: an increase by 1/5 of the time remaining to be served under the original
sentence, in no case to exceed 6 months.
• Offender must escape to be entitled to allowance
• Mutiny – organized unlawful resistance to a superior officer, a sedition, a revolt
• Disarming the guards is not mutiny
Article 159
VIOLATION OF CONDITIONAL PARDON
• ELEMENTS:
a. That the offender was a convict.
b. That he was granted a conditional pardon by the chief executive.
c. That he violated any of the conditions of such pardon.
• Condition extends to special laws – violation of illegal voting
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• Offender must have been found guilty of the subsequent offense before he can be
prosecuted under this Article. But if under Revised Admin Code, no conviction
necessary. President has power to arrest, reincarnate offender without trial
Article 160
COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED
FOR ANOTHER PREVIOUS OFFENSE-PENALTY: (quasi-recidivism)
• ELEMENTS
a. That the offender was already convicted by final judgement of one offense.
b. That he committed a new felony before beginning to serve such sentence or
while serving the same.
• Quasi-recidivism : a person after having been convicted by final judgement shall
commit a new felony before beginning to serve such sentence, or while serving the
same.
• Second crimes must belong to the RPC, not special laws. First crime may be either
from the RPC or special laws
• Reiteracion: offender shall have served out his sentence for the prior offense
• A quasi-recidivist may be pardoned at age 70. Except: Unworthy or Habitual
Delinquent
• If new felony is evasion of sentence – offender is not a quasi-recidivist
• Penalty: maximum period of the penalty for the new felony should be imposed
(mitigating circumstance can only be appreciated if the maximum is divisible)
• Quasi-Recidivism may be offset by a special privileged mitigating circumstance (ex.
Minority)
TITLE FOUR
I. CRIMES AGAINST PUBLIC INTEREST
Article 161
• TYPES OF COUNTERFEITING GREAT SEAL OF GOVERNMENT:
a. Forging the great seal of the Government
b. Forging the signature of the President
c. Forging the stamp of the President
• When the signature of the President is forged, it is not falsification but forging of
signature under this article
• Signature must be forged, others signed it – not the President.
Article 162
• USING FORGED SIGNATURE OR COUNTERFEIT SEAL OR STAMP:
a. That the great seal of the republic was counterfeited or the signature or
stamp of the chief executive was forged by another person.
b. That the offender knew of the counterfeiting or forgery.
c. That he used the counterfeit seal or forged signature or stamp.
• Offender is NOT the forger/not the cause of the counterfeiting
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Article 163
• ELEMENTS OF MAKING AND IMPORTING AND UTTERING FALSE COINS:
a. That there be false or counterfeited coins (need not be legal tender).
b. That the offender either made, imported or uttered such coins.
c. That in case of uttering such false or counterfeited coins, he connives with
counterfeiters or importers.
• Coin is counterfeit – if it is forged, or if it is not an article of the government as legal
tender, regardless if it is of no value
• Counterfeiting – imitation of legal or genuine coin (may contain more silver, different
design) such as to deceive an ordinary person in believing it to be genuine
• Utter – to pass counterfeited coins, deliver or give away
• Import – to bring to port the same
• Both Philippine and foreign state coins
• Applies also to coins withdrawn from circulation
• Essence of article: making of coins without authority
Article 164
• ELEMENTS OF MULTILATION OF COINS – IMPORTATION AND UTTERANCE:
This has been repealed by PD 247. Under this PD, the acts punishable are:
a. willful defacement
b. mutilation
c. tearing
d. burning
e. destruction of Central Bank notes and coins
• Mutilation – to take off part of the metal either by filling it or substituting it for another
metal of inferior quality, to diminish by inferior means (to diminish metal contents).
• Foreign notes and coins not included. Must be legal tender.
• Must be intention to mutilate.
Article 165
SELLING OF FALSE OR MUTILATED COIN, WITHOUT CONNIVANCE
• 2 Types
a. Possession of coin, counterfeited or mutilated by another person, with intent
to utter the same, knowing that it is false or mutilated.
ELEMENTS:
1. possession
2. with intent to utter, and
3. knowledge
b. Actually uttering such false or mutilated coin, knowing the same to be false or
mutilated.
ELEMENTS:
1. actually uttering, and
2. knowledge.
• Possession does not require legal tender in foreign coins
• Includes constructive possession
• Read RA 427
Article 166
FORGING TREASURY OR BANK NOTES – IMPORTING AND UTTERING
• Acts punishable:
a. Forging or falsity of treasury/bank notes or documents payable to bearer
b. Importing of such notes
c. Uttering of such false or forged obligations and notes in connivance with
forgers and importers
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Article 167
• ELEMENTS OF COUNTERFEITING, IMPORTING, AND UTTERING
INSTRUMENTS NOT PAYABLE TO BEARER:
a. That there be an instrument payable to order or other document of credit not
payable to bearer.
b. That the offender either forged, imported or uttered such instruments.
c. That in case of uttering, he connived with the forger or importer.
Article 168
• ELEMENTS OF ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR
BANK NOTES AND OTHER INSTRUMENT OF CREDIT:
a. That any treasury or bank note or certificate or other obligation and security
payable to bearer, or any instrument payable to order or other document of
credit not payable to bearer is forged or falsified by another person.
b. That the offender knows that any of those instruments is forged or falsified.
c. That he performs any of these acts –
1. using any of such forged or falsified instrument, or
2. possessing with intent to use any of such forged or falsified instrument.
• Act sought to be punished: Knowingly possessing with intent to use any of such
forged treasury or bank notes
Article 169
FORGERY
• How forgery is committed:
a. by giving to a treasury or bank note or any instrument payable to bearer or to
order, the appearance of a true and genuine document
b. by erasing, substituting, counterfeiting, altering by any means the figures, letters
or words, or signs contained therein.
• if all acts done but genuine appearance is not given, the crime is frustrated
Article 170
• ELEMENTS OF FALSIFICATION OF LEGISLATIVE DOCUMENTS:
a. That these be a bill, resolution or ordinance enacted or approved or pending
approval by the national assembly or any provincial board or municipal council.
b. That the offender (any person) alters the same.
c. That he has no proper authority therefor.
d. That the alteration has changed the meaning of the document.
• Accused must not be a public official entrusted with the custody or possession of
such document otherwise Art 171 applies .
Article 171
FALSIFICATION OF DOCUMENTS BY PUBLIC OFFICER, EMPLOYEE, OR NOTARY
OR ECCLESTASTICAL MINISTER
• ELEMENTS:
a. That the offender is a public officer, employee, or notary public.
b. That he takes advantage of his official position.
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• Not necessary that what is falsified is a genuine or real document, enough that it
gives an appearance of a genuine article
• Counterfeiting – imitating any handwriting, signature or rubric
• Feigning – simulating a signature, handwriting, or rubric out of one of which does not
in fact exist
Article 172
FALSIFICATION OF PUBLIC, OFFICIAL, OR COMMERCIAL DOCUMENT BY A
PRIVATE INDIVIDUAL (par 1)
• ELEMENTS
a. That the offender is a private individual or a public officer or employee who did
not take advantage of his official position.
b. That he committed any of the acts of falsification enumerated in ART. 171.
1. Counterfeiting or imitating any handwriting, signature or rubric.
2. Causing it to appear that persons have participated in any act or proceeding
when they did not in fact so participated.
3. Attributing to persons who have participated in an act or proceeding
statements other than those in fact made by them.
4. Making untruthful statements in a narration of facts;
5. Altering true dates.
6. Making any alteration or intercalation in a genuine document which changes
its meaning.
c. That the falsification was committed in any public or official or commercial
document.
• Under this paragraph, damage is not essential, it is presumed
• Defense: lack of malice or criminal intent
• The following writings are public:
a. the written acts or records of cats of the sovereign authority of official bodies and
tribunals, and of the public officers, legislative, judicial and executive, whether of
the Philippines or of a foreign country.
b. Public records kept in the Philippines.
• Examples of commercial documents – warehouse receipts, airway bills, bank
checks, cash files, deposit slips and bank statements, journals, books, ledgers,
drafts, letters of credit and other negotiable instruments
• Cash disbursement vouchers or receipts evidencing payments are not commercial
documents
• A mere blank form of an official document is not in itself a document
• The possessor of falsified document is presumed to be the author of the falsification
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Article 173
FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH, AND TELEPHONE
MESSAGES, AND USE OF SAID FALSIFIED MESSAGES
• Acts punishable:
1. Uttering fictitious, wireless, telegraph or telephone message
Requisites:
a. That the offender is an officer or employee of the government or an officer
or employee of a private corporation, engaged in the service of sending or
receiving wireless, cable or telephone message.
b. That the accused commits any of the following acts:
uttering fictitious wireless, cable, telegraph, or telephone message, or
falsifying wireless, cable, telegraph, or telephone message
2. Falsifying wireless, telegraph or telephone message
Requisites:
a. That the offender is an officer or employee of the government or an officer
or employee of a private corporation, engaged in the service of sending or
receiving wireless, cable or telephone message.
b. That the accused commits any of the following acts:
uttering fictitious wireless, cable, telegraph, or telephone message, or
falsifying wireless, cable, telegraph, or telephone message
3. Using such falsified message
Requisites:
a. That the accused knew that wireless, cable, telegraph, or telephone
message was falsified by any of the person specified in the first
paragraph of art. 173.
b. That the accused used such falsified dispatch.
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c. That the use of the falsified dispatch resulted in the prejudice of a third
party, or that the use thereof was with intent to cause such prejudice.
• The public officer, to be liable must be engaged in the service of sending or receiving
wireless, cable and telegraph or telephone message
Article 174
FALSIFICATION OF MEDICAL CERTIFICATES, CERTIFCATES OF MERIT OR
SERVICE AND THE LIKE:
• Persons liable:
a. Physician or surgeon who, in connection with the practice of his profession,
issued a false certificate (note: such certificate must refer to the illness or injury
of a person)
b. Public officer who issued a false certificate of merit of service, good conduct or
similar circumstances
c. Private individual who falsified a certificate under (1) and (2)
Article 175
• ELEMENTS OF USING FALSE CERTIFICATES:
a. That a physician or surgeon has issued a false medical certificate, or a public
officer has issued a false certificate of merit or service, good conduct, or
similar circumstances, or a private person had falsified any of said
certificates.
b. That the offender knew that the certificate was false.
c. That he used the same.
Article 176
MANUFACTURING AND POSSESSION OF INTRUMENTS OR IMPLEMENTS FOR
FALSIFICATION:
• Acts punishable:
a. Making or introducing into the Philippines any stamps, dies or marks or other
instruments or implements for counterfeiting or falsification
b. Possessing with intent to use the instruments or implements for counterfeiting
or falsification made in or introduced into the Philippines by another person
• The implement confiscated need not form a complete set
• Constructive possession is also punished
Article 177
USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS:
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Article 178
USING FICTITIOUS NAME AND CONCEALING TRUE NAME
• ELEMENTS (using fictitious name) :
a. That the offender uses a name other than his real name.
b. That he uses that fictitious name publicly.
c. That the purpose of the offender is –
1. To conceal a crime,
2. To evade the execution of a judgment, or
3. To cause damage to public interest. (ex. Signing fictitious name for a
passport)
• ELEMENTS (concealing true name):
a. that the offender conceals –
1. his true name, and
2. all other personal circumstances.
b. that the purpose is only to conceal his identity.
Article 179
• ELEMENTS OF ILLEGAL USE OF UNIFORM OR INSIGNIA:
a. That the offender makes use of insignia, uniform or dress.
b. That the insignia, uniform or dress pertains to an office not held by the
offender or to a class of persons of which he is not a member.
c. That said insignia, uniform or dress is used publicly and improperly.
• an exact imitation of the dress or uniform is unnecessary
Article 180
• ELEMENTS OF FALSE TESTIMONY AGAINST A DEFENDANT:
a. That there be a criminal proceeding.
b. That the offender testifies falsely under oath against the defendant therein.
c. That the offender who gives false testimony knows that it is false.
d. That the defendant against whom the false testimony is given is either acquitted
or convinced in a final judgment (prescriptive period starts at this point)
• Requires criminal intent, can’t be committed through negligence. Need not impute
guilt upon the accused
• The defendant must at least be sentenced to a correctional penalty or a fine or must
have been acquitted
• The witness who gave false testimony is liable even if the court did not consider his
testimony
• Penalty is dependent upon sentence imposed on the defendant
Article 181
FALSE TESTIMONY IN FAVOR OF DEFENDANT in a criminal case:
• False testimony by negative statement is in favor of the defendant
• False testimony need not in fact benefit the defendant
• A statement of a mere opinion is not punishable
• Conviction or acquittal is not necessary (final judgement is not necessary). The false
testimony need not influence the acquittal
• A defendant who voluntarily goes up on the witness stand and falsely imputes the
offense to another person the commission of the offense is liable under this article. If
he merely denies the commission of the offense, he is not liable.
• Basis of penalty: gravity of the felony charged against the defendant
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Article 182
• ELEMENTS OF FALSE TESTIMONY IN CIVIL CASES:
a. That the testimony must be given in a civil case.
b. That the testimony must relate to the issues presented in said case.
c. That the testimony must be false.
d. That the false testimony must be given by the defendant knowing the same to
be false.
e. That the testimony must be malicious and given with an intent to affect the
issues presented in the said case
• Not applicable when testimony given in a special proceeding (in this case, the crime
is perjury)
• Basis of penalty: amount involved in the civil case
Article183
ELEMENTS OF FALSE TESTIMONY IN OTHER CASES AND PERJURY IN SOLEMN
AFFIRMATION:
a. That an accused made a statement under oath or made an affidavit upon a
material matter.
b. That the statement or affidavit was made before a competent officer,
authorized to receive and administer oath.
c. That in that statement or affidavit, the accused made a willful and deliberate
assertion of a falsehood, and
d. That the sworn statement or affidavit containing the falsity is required by law.
Article 184
• ELEMENTS OF OFFERING FALSE TESTIMONY IN EVIDENCE:
a That the offender offered in evidence a false witness or false testimony.
b That he knew the witness or the testimony was false.
c That the offer was made in a judicial or official proceeding.
• Article applies when the offender without inducing another, but knowing him to be a
false witness, presented him and the latter testified falsely in a judicial or official
proceeding
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• The false witness need not be convicted of false testimony. The mere offer is
sufficient.
III. FRAUDS
Article 185
• ELEMENTS OF MACHINATIONS IN PUBLIC AUCTION:
a That there be a public auction.
b That the accused solicited any gift or a promise from any of the bidders.
c That such gifts or promise was the consideration for his refraining from taking
part in that public auction.
d That the accused had the intent to cause the reduction of the price of the thing
auctioned.
• ELEMENTS OF ATTEMPTING TO CAUSE BIDDERS TO STAY AWAY:
a That there be a public auction.
b That the accused attempted to cause the bidders to stay away from that public
auction
c That it was done by threats, gifts, promises, or any other artifice.
d That the accused had the intent to cause the reduction of the price of the thing
auctioned.
Article 186
MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE:
• Acts punished:
a. Combination to prevent free competition in the market
b. By entering into a contract or agreement or taking part in any conspiracy or
combination in the form of a trust or otherwise, in restraint of trade or commerce
or prevent by artificial means free competition in the market (It is enough that
initial steps are taken. It is not necessary that there be actual restraint of trade)
c. Monopoly to restrain free competition in the market
- By monopolizing any merchandise or object of trade or commerce, by
combining with any person or persons to monopolize said merchandise or object
in order to alter the prices thereof by spreading false rumors or making use of
any other artifice to restrain free competition in the market
d. Manufacturer, producer or processor or importer combining, conspiring or
agreeing with any person to make transactions prejudicial to lawful commerce or
to increase the market price of the merchandise.
• Person/s liable:
a. manufacturer
b. producer
c. processor
d. importer
• Crime is committed by:
a. combining
b. conspiring
c. agreeing with another person
• The purpose is:
a. to make transactions prejudicial to lawful commerce
b. to increase the market price of any merchandise or object of commerce
manufactured, produced, processed, assembled or imported into the Phil
• Also liable as principals:
a. corporation/association
b. agent/representative
c. director/manager – who willingly permitted or failed to prevent commission of
above offense
• Aggravated if items are:
a. food substance
b. motor fuel or lubricants
c. goods of prime necessity
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Article 187
• ELEMENTS OF IMPORTATION AND DISPOSITION OF FALSELY MARKED
ARTICLES OR MERCHANDISE MADE OF GOLD, SILVER, OR OTHER
PRECIOUS METALS OR THEIR ALLOYS:
a That the offender imports, sells or disposes of any of those articles or
merchandise.
b That the stamps, brands, or marks or those articles or merchandise fails to
indicate the actual fineness or quality of said metals or alloys.
c That the offender knows that the said stamp, brand, or mark fails to indicate the
actual fineness or quality of the metals or alloys.
Article 188
SUBSTITUTING – ALTERING TRADE-MARK, TRADENAME, OR SERVICE MARK
• Acts punishable:
a By (a) substituting the trade name (t/n) or trademark (t/m) of some other
manufacturer or dealer or a colorable imitation thereof, for the t/n or t/m of the
real manufacturer or dealer upon any article of commerce and (b) selling the
same.
b By selling or by offering for sale such article of commerce, knowing that the t/n or
t/m has been fraudulently used
c By using or substituting the service mark of some other person, or a colorable
imitation of such marks, in the sale or advertising of services
d By printing, lithographing or reproducing t/n, t/m or service mark of one person,
or a colorable limitation thereof, to enable another person to fraudulently use the
same, knowing the fraudulent purpose for which it is to be used.
Article 189
UNFAIR COMPETITION, FRAUDULENT REGISTRATION OF TRADENAME,
TRADEMARK SERVICE MARK, FRAUDULENT DESIGNATION OF ORIGIN, AND
FALSE DESCRIPTION
• Acts punished:
a Unfair competition by selling his goods, giving them the general appearance of
the goods of another manufacturer or dealer
b Fraudulent designation of origin; false description by (a) affixing to his goods or
using in connection with his services a false designation of origin; or any false
description or representation, and (b) selling such goods or services
c Fraudulent registration by procuring fraudulently from the patent office the
registration of t/m, t/m or service mark.
• ELEMENTS:
a That the offender gives his goods the general appearance of the goods of
another manufacturer or dealer
b That the general appearance is shown in the (a) goods themselves, or in the (b)
wrapping of their packages, or in the (c) device or words therein, or in (d) any
other feature of their appearance
c That the offender offers to sell or sells those goods or gives other persons a
chance or opportunity to do the same with a like purpose.
d That there is actual intent to deceive the public or defraud a competitor.
TITLE FIVE
CRIMES RELATED TO OPIUM AND OTHER PROHIBITED DRUGS (190-194)
I. Acts Punishable:
a. importation of prohibited drugs
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II. For the purpose of enforcing the provisions of this Act, all school heads,
supervisors and teachers shall be deemed to be persons in authority and,
as such, are vested with the power to apprehend, arrest, or cause the
apprehension or arrest of any person who shall violate any of the said
provision.
III. Rules:
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TITLE SIX
I. CRIMES AGAINST PUBLIC MORALS
• Acts Punishable:
a. Betting: Betting money or any object or article of value of representative value
upon the result of any game, races and other sports contests.
b. Game-fixing: any arrangement, combination, scheme or agreement by which the
result of any game, races, or sports contests shall be predicated and/or known
other than on the basis of the honest playing skill or ability of the players or
participants.
c. Point-shaving: any such arrangement combination, scheme or agreement by
which the skill or ability of any player or participant in a fame, races, or sports
contests to make points of scores shall be limited deliberately in order to
influence the result thereof in favor of one or other team, player or participant.
d. Game Machination: any other fraudulent, deceitful, unfair or dishonest means,
method, manner or practice employed for the purpose of influencing the result of
any game, races or sports contest.
I. Scope – This law shall govern the establishment, operation, maintenance and
ownership of cockpits.
II. Rules:
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A. Only Filipino citizens not otherwise inhibited by existing laws shall be allowed
to own, manage and operated cockpits.
B. Only one cockpit shall be allowed in each city or municipality with a
population of 100,000 or less.
C. Cockpits shall be constructed and operated within the appropriate areas as
prescribed in the Zoning Law or ordinance.
D. When allowed:
1. Cockfighting shall be allowed only in licensed cockpits during Sundays
and legal holidays and during local fiestas for not more than 3 days; or
2. During provincial, city or municipal, agricultural, commercial or industrial
fair, carnival or exposition for a similar period of 3 days upon resolution of
the province, city or municipality where such fair, carnival or exposition is
to be held, subject to the approval of the Chief of Constabulary or his
authorized representative.
Limitations:
a) No cockfighting on the occasion of such fair, carnival or exposition shall
be allowed within the month of the local fiesta or for more than 2
occasions a year in the same city of municipality.
b) No cockfighting shall be held on December 30, June 12,November 30,
Holy Thursday, Good Friday, Election Day and during registration days for
such election/referendum.
Limitations: This privilege shall be extended for only one time, for a period
not exceeding 3 days, within a year to a province, city or municipality.
Article 200
• ELEMENTS OF GRAVE SCANDAL:
a. Offender performs an act
b. Act is highly scandalous as offending against decency or good customs
c. Highly scandalous conduct does not expressly fall within any other article of
the RPC
d. Committed in a public place or within the public knowledge or view. (The
public view is not required, it is sufficient if in public place. For public
knowledge, it may occur even in a private place; the number of people who
sees it is not material).
• Grave scandal: consists of acts which are offensive to decency and good customs.
They are committed publicly and thus, give rise to public scandal to persons who
have accidentally witnessed the acts
• Decency: means properly observing the requirements of modesty, good taste etc
• Customs: refers to established usage, social conventions carried on by tradition and
enforced by social disapproval in case of violation
• If the acts complained of are punishable under another provision of the RPC, Art 200
is not applicable
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• The essence of grave scandal is publicity and that the acts committed are not only
contrary to morals and good customs but must likewise be of such character as to
cause public scandal to those witnessing it.
Article 201
IMMORAL DOCTRINES, OBSCENE PUBLICATIONS AND EXHIBITIONS:
• Persons liable:
a. Those who publicly expound or proclaim doctrines that are contrary to public
morals
b. Authors of obscene literature, published with their knowledge in any form
c. Editors publishing such obscene literature
d. Owners or operators of establishments selling obscene literature
e. Those who exhibit indecent or immoral plays, scenes, acts or shows ion
theaters, fairs, cinemas or any other place
f. Those who sell, distribute, or exhibit prints, engraving, sculptures or literature
which are offensive to morals
• Morals: implies conformity to generally accepted standards of goodness or rightness
in conduct or character
• Test of obscenity: whether the matter has a tendency to deprave or corrupt the minds
of those who are open to immoral influences. A matter can also be considered
obscene if it shocks the ordinary and common sense of men as indecency.
• However, Art 201 enumerates what are considered as obscene literature or immoral
or indecent plays, scenes or acts:
a. those w/c glorify criminals or condone crimes
b. those w/c serve no other purpose but to satisfy the market for violence, lust or
pornography
c. those w/c offend against any race or religion
d. those w/c tend to abet the traffic in and the use of prohibited drugs
e. those that are contrary to law, public order, morals, good customs, established
policies, lawful orders, decrees and edicts
• Mere nudity in paintings and pictures is not obscene
• Pictures w/ a slight degree of obscenity having no artistic value and intended for
commercial purposes fall within this article
• Publicity is an essential element
Article 202
VAGRANTS AND PROSTITUTES:
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• Who are considered prostitutes - refer to women who habitually indulge in sexual
intercourse or lascivious conduct for money or profit (if a man indulges in the same
conduct: vagrancy)
TITLE SEVEN
CRIMES COMMITTED BY PUBLIC OFFICERS
Article 203
• WHO ARE PUBLIC OFFICERS:
a. Takes part in the performance of public functions in the Government, or
b. Performs public duties as an employee, agent or subordinate official in the
gov’t or any of its branches
• Notes:
a. Public officer must derive his authority from:
b. direct provision of law
c. popular election
d. appointment by competent authority
e. Public officers: embraces every public servant from the lowest to the highest
rank
f. A government laborer is not a public officer. However, temporary performance
by a laborer of public functions makes him a public officer
g. Misfeasance: means improper performance of an act which might be properly
be performed
h. Malfeasance: means performance of an act which ought not to be done
i. Nonfeasance: means omission of an act which ought to be done
Malfeasance Doing of an act which a public officer should not have done
Misfeasance Improper doing of an act which a person might lawfully do
Nonfeasance Failure of an agent to perform his undertaking for the principal
Article 205
• ELEMENTS OF JUDGMENT RENDERED THROUGH NEGLIGENCE:
a. Offender is a judge
b. Renders a judgment in a case submitted to him for decision
c. Judgment is manifestly unjust
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Article 206
• ELEMENTS OF UNJUST INTERLOCUTORY ORDER:
a. That the offender is a judge.
b. That he performs any of the following acts:
1. knowingly renders unjust interlocutory order or decree, or
2. renders a manifestly unjust interlocutory order or decree through
inexcusable negligence or ignorance.
• Interlocutory order: one issued by the court deciding a collateral or incidental matter.
It is not a final determination of the issues of the action or proceeding
Article 207
• ELEMENTS OF MALICIOUS DELAY IN THE ADMINISTRATION OR JUSTICE:
a. That the offender is a judge.
b. That there is a proceeding in his court.
c. That he delays the administration of justice.
d. That the delay is malicious, that is, the delay is caused by the judge with
deliberate intent to inflict damage on either party in the case.
• Mere delay without malice is not punishable
Article 208
• ELEMENTS OF DERELICTION OF DUTY IN THE PROSECUTION OF OFFENSES:
a. That the offender is a public officer or officer of the law who has a duty to
cause the prosecution of, or to prosecute offenses.
b. That there is dereliction of the duties of his office, that is, knowing the
commission of the crime, he does not cause (a) the prosecution of the
criminal (People vs. Rosales, G.R. no. 42648) or (b) knowing that a crime is
about to be committed he tolerates its commission (if gift/promise is a
consideration for his conduct: direct bribery)
c. That the offender acts with malice and deliberate intent to favor the violator of
the law.
• PREVARICACION: negligence and tolerance in the prosecution of an offense
• There must be a duty on the part of the public officer to prosecute or move for the
prosecution of the offender. Note however, that a fiscal is under no compulsion to file
an information based upon a complaint if he is not convinced that the evidence
before him does not warrant filing an action in court
• The crime must be proved first before an officer can be convicted of dereliction of
duty
• A public officer who harbors, conceals, or assists in the escape of an offender, when
it is his duty to prosecute him is liable as principal in the crime of dereliction of duty in
the prosecution of offenses. He is not an accessory
• Article not applicable to revenue officers
Article 209
• ELEMENTS OF BETRAYAL OF TRUST BY AN ATTORNEY OR SOLICITOR (NOT
NECESSARILY A PUBLIC OFFICER ALTHOUGH ALL LAWYERS ARE OFFICERS
OF THE COURT):
a. Causing damage to client (prejudice is essential) either
1. by any malicious breach of professional duty, or
2. by inexcusable negligence or ignorance.
b. Revealing any of the secrets of his client learned by him in his professional
capacity (damage not necessary)
c. Undertaking the defense of the opposing party of the 1st client and/or having
received confidential information from the latter and without the latter’s
consent (damage not necessary)
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Article 210
• ELEMENTS OF DIRECT BRIBERY:
a. That the offender be a public officer within the scope of Art 203
b. That the offender accepts an offer or promise or receives a gift or present by
himself or through another
c. That such offer or promise be accepted or gift/present received by the public
officer (mere agreement consummates the crime)
1. with a view to committing some crime (delivery of consideration is not
necessary) or
2. in consideration of an execution if an act which does not constitute a
crime, but the act must be unjust (delivery of consideration is necessary),
or
3. to refrain from doing something which is his official duty to do
d. That the act which the offender agrees to perform or which he executes be
connected with the performance of his official duties
• For purposes of this article, temporary performance of public functions is sufficient to
constitute a person a public officer. A private person may commit this crime only in
the case in which custody of prisoners is entrusted to him
• Applicable also to assessors, arbitrators, appraisal and claim commissioners, experts
or any other person performing public duties
• Cannot be frustrated, only attempted or consummated.
• Bribery exists when the gift is:
a. voluntarily offered by a private person
b. solicited by the public officer and voluntarily delivered by the private person
c. solicited by the public officer but the private person delivers it out of fear of the
consequences should the public officer perform his functions (here the crime by
giver is not corruption of public officials due to involuntariness)
• Actual receipt of the gift is not necessary. An accepted offer or promise of a gift is
sufficient. However, if the offer is not accepted, only the person offering the gift is
liable for attempted corruption of a public officer
• The gift must have a value or capable of pecuniary estimation. It could be in the form
of money, property or services
• If the act required of the public officer amounts to a crime and he commits it, he shall
be liable for the penalty corresponding to the crime
• The third type of bribery and prevaricacion (art 208) are similar offenses, both
consisting of omissions to do an act required to be performed. In direct bribery
however, a gift or promise is given in consideration of the omission. This is not
necessary in prevaricacion
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II. Prima Facie Evidence of and Dismissal due to unexplained Wealth (Sec. 8)
• If a public official has been found to have acquired during his incumbency, whether in
his name or in the name of other persons, an amount of property and/or money
manifestly out of proportion to his salary and to his other lawful income.
• Properties in the name of the spouse and dependents of such public official may be
taken into consideration, when their acquisition through legitimate means cannot be
satisfactorily shown.
• Bank deposits in the name of or manifestly excessive expenditures incurred by the
public official, his spouse or any of their dependents including but not limited to
activities in any club or association or any ostentatious display of wealth including
frequent travel abroad of a non-official character by any public official when such
activities entail expenses evidently out of proportion to legitimate income.
III. Competent court: All prosecutions under this Act shall be within the original
jurisdiction of the
Sandiganbayan (Sec. 10).
IV. Prescription of offenses: all offenses punishable under this Act shall prescribe in 15
years (Sec. 11).
Article 211
• ELEMENTS OF INDIRECT BRIBERY:
a. That the offender is a public officer.
b. That he accepts gifts.
c. That the said gifts are offered to him by reason of his office.
• The gift is given in anticipation of future favor from the public officer
• There must be clear intention on the part of the public officer to take the gift offered
and consider the property as his own for that moment. Mere physical receipt
unaccompanied by any other sign, circumstance or act to show such acceptance is
not sufficient to convict the officer
• There is no attempted or frustrated indirect bribery
• The principal distinction between direct and indirect bribery is that in the former, the
officer agrees to perform or refrain from doing an act in consideration of the gift or
promise. In the latter case, it is not necessary that the officer do any act. It is
sufficient that he accepts the gift offered by reason of his office
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• Public officers receiving gifts and private persons giving gifts on any occasion,
including Christmas are liable under PD 46.
• The criminal penalty or imprisonment is distinct from the administrative penalty of
suspension from the service
Article 211-A
• ELEMENTS OF QUALIFIED BRIBERY
a. Public officer entrusted with law enforcement
b. Refrains from arresting/prosecuting offender for crime punishable by
reclusion perpetua and/or death
c. (if lower penalty than stated above, the crime is direct bribery)
d. In consideration of any offer, promise or gift
Article 212
• ELEMENTS OF CORRUPTION OF PUBLIC OFFICIALS:
a. That the offender makes offers or promises or gives gifts or present to a
public officer.
b. That the offers or promises are made or the gifts or presents given to a public
officer, under circumstances that will make the public officer liable for direct
bribery or indirect bribery
• The offender is the giver of the gift or the offeror of the promise. The act may or may
not be accomplished
• Under PD 749, givers of bribes and other gifts as well as accomplices in bribery and
other graft cases are immune from prosecution under the following circumstances:
a. information refers to consummated violations
b. necessity of the information or testimony
c. the information and testimony are not yet in the possession of the State
d. information and testimony can be corroborated on its material points
e. informant has been previously convicted of a crime involving moral turpitude
• See the Anti-graft and Corrupt Practices Act
Article 213
• ELEMENTS OF FRAUDS AGAINST PUBLIC TREASURY: (par. 1)
a. That the offender be a public officer.
b. That he should have taken advantage of his office, that is, he intervened in
the transaction in his official capacity.
c. That he entered into an agreement with any interested party or speculator or
made use of any other scheme with regard to (a) furnishing supplies (b) the
making of contracts, or (c) the adjustment or settlement of account relating to
a public property or funds.
d. That the accused had intent to defraud the government.
• Notes:
a. The public officer must act in his official capacity
b. The felony is consummated by merely entering into an agreement with any
interested party or speculator or by merely making use of any scheme to
defraud the Government
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Article 214
• ELEMENTS OF OTHER FRAUDS:
a. That the offender is a public officer.
b. That he takes advantage of his official position.
c. That he commits any of the frauds or deceits enumerated in art. 315 and 316.
(estafa; swindling)
• Note: RTC has jurisdiction over the offense because the principal penalty is
disqualification
Article 215
• ELEMENTS OF PROHIBITED TRANSACTIONS:
a. That the offender is an appointive public officer.
b. That he becomes interested, directly or indirectly, in any transaction of
exchange or speculation.
c. That the transaction takes place within the territory subject to his jurisdiction.
d. That he becomes interested in the transaction during his incumbency.
• Notes:
a. Examples of transactions of exchange or speculation are: buying and selling
stocks, commodities, land etc wherein one hopes to take advantage of an
expected rise or fall in price
b. Purchasing of stocks or shares in a company is simple investment and not a
violation of the article. However, regularly buying securities for resale is
speculation
Article 216
POSSESSION OF PROHIBITED INTERESTS BY A PUBLIC OFFICER :
• Who are liable:
a. Public officer – in any contract or business in which it is his official duty to
intervene.
b. Experts, arbitrators and private accountants – in any contract or transaction
connected with the estate or property in the approval, distribution or
adjudication of which they had acted.
c. Guardians and executors – with respect to property belonging to their wards
or the estate.
• Notes:
a. Actual fraud is not necessary.
b. Act is punished because of the possibility that fraud may be committed or that
the officer may place his own interest above that of the Government or party
which he represents
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III. Jurisdiction: All prosecutions under this At shall be within the original jurisdiction
of the Sandiganbayan.
V. Prescription of Crime:
The crime of plunder shall prescribe in 20 years. However, the right of the State
to recover properties unlawfully acquired by public officers from them or from their
nominees or transferees shall not be barred by prescription, laches or estoppel.
Article 217
• ELEMENTS COMMON TO ALL ACTS MALVERSATION OF PUBLIC FUNDS OR
PROPERTY :
a. That the offender be a public officer (or private person if entrusted with public
funds or connived with public officers)
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b. That he had the custody or control of funds or property (if not accountable for
the funds, theft or qualified theft)
c. That those funds or property were public funds or property (even if private
funds if attached, seized, deposited or commingled with public funds)
d. That he:
1. Appropriated the funds or property
2. Took or misappropriated them
3. Consented or, through abandonment or negligence, permitted any other
person to take such public funds or property. (it is not necessary that the
offender profited thereby. His being remiss in the duty of safekeeping
public funds violates the trust reposed)
• Malversation is otherwise called embezzlement
• It can be committed either with malice or through negligence or imprudence
• In determining whether the offender is a public officer, what is controlling is the
nature of his office and not the designation
• The funds or property must be received in an official capacity. Otherwise, the crime
committed is estafa
• When a public officer has official custody or the duty to collect or receive funds due
the government, or the obligation to account for them, his misappropriation of the
same constitutes malversation
• A public officer who has qualified charge of gov’t property without authority to part
with its physical possession upon order of an immediate superior, he cannot be held
liable under this article
• Private individuals can also be held liable for malversation under 2 circumstances:
a. when they are in conspiracy with public officers; and
b. when they have charge of national, provincial or municipal funds, revenues or
property in any capacity
• In malversation through negligence, the negligence of the accountable public officer
must be positively and clearly shown to be inexcusable, approximating fraud or
malice
• The measure of negligence to be observed is the standard of care commensurate
with the occasion
• When malversation is not committed through negligence, lack of criminal intent or
good faith is a defense
• The failure of a public officer to have any duly forthcoming public funds or property
upon demand, by any authorized officer, shall be prima facie evidence that he has
put such missing funds or property to personal use. However, if at the very moment
when the shortage is discovered, the accountable officer is notified, and he
immediately pays the amount from his pocket, the presumption does not arise
• Returning the embezzled funds is not exempting, it is only mitigating
• There is also no malversation when the accountable officer is obliged to go out of his
office and borrow the amount corresponding to the shortage and later, the missing
amount is found in an unaccustomed place
• A person whose negligence made possible the commission of malversation by
another can be held liable as a principal by indispensable cooperation
• Demand as well as damage to the government are not necessary elements
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Article 218
• ELEMENTS OF FAILURE OF ACCOUNTABLE OFFICER TO RENDER
ACCOUNTS :
a. That the offender is a public officer, whether in the service or separated
therefrom.
b. That he must be an accountable officer for public funds property.
c. That he is required by law or regulation to render accounts to the commission
on audit, or to a provincial auditor.
d. That he fails to do so for a period of two months after such accounts should
be rendered.
• Note: Demand and misappropriation are not necessary
Article 219
• ELEMENTS OF FAILURE OF A RESPONSIBLE PUBLIC OFFICER TO RENDER
ACCOUNTS BEFORE LEAVING THE COUNTRY :
a. That the offender is a public officer.
b. That he must be an accountable officer for public funds or property.
c. That he must have unlawfully left (or be on the point of leaving) the
Philippines without securing from the Commission on Audit a certificate
showing that his accounts have been finally settled.
• Note: The act of leaving the Philippines must be unauthorized or not permitted by law
Article 220
• ELEMENTS OF ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY (technical
malversation):
a. That the offender is a public officer.
b. That there is public fund or property under his administration.
c. That such public fund or property has been appropriated by law or ordinance
(without this, it is simple malversation even if applied to other public purpose).
d. That he applies the same to a public use other than for which such fund or
property has been appropriated by law or ordinance.
• To distinguish this article with Art 217, just remember that in illegal use of public
funds or property, the offender does not derive any personal gain, the funds are
merely devoted to some other public use
• Absence of damage is only a mitigating circumstance
Article 221
• ELEMENTS OF FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS OR
PROPERTY
a. Offender has gov’t funds or property in his possession
b. He is under obligation to either:
1. make payment from such funds
2. to deliver property in his custody or administration when ordered by
competent authority
3. He maliciously fails or refuses to do so
• Note: Penalty is based on value of funds/property to be delivered
Article 222
• PERSONS WHO MAY BE HELD LIABLE UNDER ARTS 217 TO 221
a. Private individual who, in any capacity, have charge of any national,
provincial or municipal funds, revenue, or property
b. Administrator or depositary of funds or property that has been attached,
seized or deposited by public authority, even if owned by a private individual
• Sheriffs and receivers fall under the term “administrator”
• A judicial administrator in charge of settling the estate of the deceased is not covered
by the article
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Article 223
• ELEMENTS OF CONNIVING WITH OR CONSENTING TO EVASION
a. That the offender is a public officer (on duty).
b. That he is charged with the conveyance or custody of a prisoner, either
detention prisoner or prisoner by final judgment.
c. That such prisoner escaped from his custody
d. That he was in connivance with the prisoner in the latter’s escape
• Detention prisoner: refers to a person in legal custody, arrested for and charged with
some crime or public offense
• The release of a detention prisoner who could not be delivered to judicial authorities
within the time fixed by law is not infidelity in the custody of a prisoner. Neither is
mere leniency or laxity in the performance of duty constitutive of infidelity
• There is real and actual evasion of service of sentence when the custodian permits
the prisoner to obtain a relaxation of his imprisonment
Article 224
• ELEMENTS OF EVASION THROUGH NEGLIGENCE:
a. That the offender is a public officer.
b. That he is charged with the conveyance or custody of a prisoner, either
detention prisoner or prisoner by final judgment.
c. That such prisoner escapes through his negligence.
d. Penalty based on nature of imprisonment
• The article punishes a definite laxity which amounts to deliberate non-performance of
a duty
• The fact that the public officer recaptured the prisoner who had escaped from his
custody does not afford complete exculpation
• The liability of an escaping prisoner:
a. if he is a prisoner by final judgment, he is liable for evasion of service (art
157)
b. if he is a detention prisoner, he does not incur criminal liability (unless
cooperating with the offender).
Article 225
• ELEMENTS OF ESCAPES OF PRISONERS UNDER THE CUSTODY OF A
PERSON NOT A PUBLIC OFFICER :
a. That the offender is a private person (note: must be on duty)
b. That the conveyance or custody of a prisoner or person under arrest is
confined to him.
c. That the prisoner or person under arrest escapes.
d. That the offender consents to the escape of the prisoner or person under
arrest, or that the escape takes place through his negligence
• Note: This article is not applicable if a private person made the arrest and he
consented to the escape of the person he arrested
Article 226
• ELEMENTS OF REMOVAL, CONCEALMENT, OR DESTRUCTION OF
DOCUMENTS Infidelity in custody of documents:
a. That the offender be a public officer.
b. That he abstracts, destroys or conceals a document or papers.
c. That the said document or paper should have been entrusted to such public
officer by reason of his office.
d. That damage, whether serious or not, to a third party or to the public interest
should have been caused.
• The document must be complete and one by which a right could be established or
an obligation could be extinguished
• Books, periodicals, pamphlets etc are not documents
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Article 227
• ELEMENTS OF OFFICER BREAKING SEAL :
a. That the offender is a public officer.
b. That he is charged with the custody of papers or property.
c. That these papers or property are sealed by proper authority.
d. That he breaks the seals or permits them to be broken.
• It is the breaking of the seals and not the opening of a closed envelope which is
punished
• Damage or intent to cause damage is not necessary; damage is presumed
Article 228
• ELEMENTS OF OPENING OF CLOSED DOCUMENTS:
a. That the offender is a public officer.
b. That any closed papers, documents, or objects are entrusted to his custody.
c. That he opens or permits to be opened said closed papers, documents or
objects.
d. That he does not have proper authority.
• Note: Damage also not necessary
Article 229
REVELATION OF SECRET BY AN OFFICER:
• ELEMENTS OF PAR.1: BY REASON OF HIS OFFICIAL CAPACITY
a. That the offender is a public officer.
b. That he knows of a secret by reason of his official capacity.
c. That he reveals such secret without authority or justifiable reasons.
d. That damage, great or small, be caused to the public interest.
e. (damage is essential)
• Notes:
a. Secret must affect public interest
b. Secrets of a private individual is not included
c. Espionage for the benefit of another State is not contemplated by the article.
If regarding military secrets or secrets affecting state security, the crime may
be espionage.
• ELEMENTS OF PAR 2 – DELIVERING WRONGFULLY PAPERS OR COPIES OF
PAPERS OF WHICH HE MAY HAVE CHARGE AND WHICH SHOULD NOT BE
PUBLISHED:
a. That the offender is a public officer.
b. That he has charge of papers.
c. That those papers should not be published.
d. That he delivers those papers or copies thereof to a third person.
e. That the delivery is wrongful.
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Article 230
• ELEMENTS OF PUBLIC OFFICER REVEALING SECRETS OF PRIVATE
INDIVIDUAL:
a. That the offender is a public officer
b. That he knows of the secret of a private individual by reason of his office.
c. That he reveals such secrets without authority or justification reason.
• Revelation to one person is sufficient
• If the offender is an attorney, he is properly liable under Art 209 (betrayal of trust by
an attorney)
• Damage to private individual is not necessary
Article 231
• ELEMENTS OF OPEN DISOBEDIENCE:
a. That the offender is a judicial or executive officer.
b. That there is a judgment, decision or order of superior authority.
c. That such judgment, decision or order was made within the scope of the
jurisdiction of the superior authority and issued with all the legal formalities.
d. that the offender without any legal justification openly refuses to execute the
said judgment, decision or under which he is duty bound to obey.
• Note: Judgment should have been rendered in a hearing and issued within proper
jurisdiction with all legal solemnities required
Article 232
• ELEMENTS OF DISOBEDIENCE TO ORDER OF SUPERIOR OFFICER WHEN
SAID ORDER WAS SUSPENDED BY INFERIOR OFFICER:
a. That the offender is a public officer.
b. That an order is issued by his superior for execution.
c. That he has for any reason suspended the execution of such order.
d. That his superior disapproves the suspension of the execution of the order.
e. That the offender disobeys his superior despite the disapproval of the
suspension.
• Note: A public officer is not liable if the order of the superior is illegal
Article 233
• ELEMENTS OF REFUSAL OF ASSISTANCE:
a. That the offender is a public officer.
b. That a competent authority demands from the offender that he lend his
cooperation towards the administration of justice or other public service.
c. That the offender fails to do so maliciously.
• Involves a request from one public officer to another
• Damage to the public interest or third party is essential
• Demand is necessary
Article 234
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Article 235
• ELEMENTS OF MALTREATMENT OF PRISONERS:
a. That the offender is a public officer or employee.
b. That he has under charge a prisoner or detention prisoner (otherwise the
crime is physical injuries)
c. That he maltreats such prisoner in either of the following manners:
1. by overdoing himself in the correction or handling of a prisoner or
detention prisoner under his charge either –
by the imposition of punishments not authorized by the regulations, or
by inflicting such punishments (those authorized) in a cruel and
humiliating manner, or
2. by maltreating such prisoner to extort a confession or to obtain some
information from the prisoner.
• The public officer must have actual charge of the prisoner in order to be held liable
• To be considered a detention prisoner, the person arrested must be placed in jail
even for just a short while
• Offender may also be held liable for physical injuries or damage caused
Article 236
• ELEMENTS OF ANTICIPATION OF DUTIES OF A PUBLIC OFFICE:
a. That the offender is entitled to hold a public office or employment, either by
election or appointment.
b. That the law requires that he should first be sworn in and/or should first give a
bond.
c. That he assumes the performance of the duties and powers of such office.
d. That he has not taken his oath of office and./or given the bond required by law.
Article 237
• ELEMENTS OF PROLONGING PERFORMANCE OF DUTIES AND POWERS:
a. That the offender is holding a public office.
b. That the period provided by law, regulations or special provisions for holding
such office has already expired.
c. That he continues to exercise the duties and powers of such office.
• Note: The article contemplates officers who have been suspended, separated or
declared over-aged or dismissed
Article 238
• ELEMENTS OF ABANDONMENT OF OFFICE OR POSITION :
a. That the offender is a public officer.
b. That he formally resigns from his position.
c. That his resignation has not yet been accepted.
d. That he abandons his office to the detriment of the public service.
• There must be formal or written resignation
• The offense is qualified if the purpose behind the abandonment is to evade the
discharge of duties consisting of preventing, prosecuting or punishing any of the
crimes against national security. The penalty is higher. This involves the following
crimes:
a. treason
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Article 239
• ELEMENTS OF USURPATION OF LEGISLATIVE POWERS:
a. That the offender is an executive or judicial officer.
b. That he (a.) makes general rules or regulations beyond the scope of his authority
or (b.) attempts to repeal a law or (c.) suspends the execution thereof.
Article 240
• ELEMENTS OF USURPATION OF EXECUTIVE FUNCTIONS:
a. That the offender is a judge.
b. That he (a.) assumes a power pertaining to the executive authorities, or (b.)
obstructs executive authorities in the lawful exercise of their powers.
• Note: Legislative officers are not liable for usurpation of executive functions
Article 241
• ELEMENTS OF USURPATION OF JUDICIAL FUNCTIONS:
a. That the offender is an officer of the executive branch of the government.
b. That he (a.) assumes judicial powers, or (b.) obstruct the execution of any order
decision rendered by any judge within his jurisdiction.
• Note: A mayor is guilty under this article when he investigates a case while a justice
of the peace is in the municipality
Article 242
• ELEMENTS OF DISOBEYING REQUEST FOR DISQUALIFICATION:
a. That the offender is a public officer.
b. That a proceeding is pending before such public officer.
c. That there is a question brought before the proper authority regarding his
jurisdiction, which is not yet decided.
d. That he has been lawfully required to refrain from continuing the proceeding.
e. That he continues the proceeding.
Article 243
• ELEMENTS OF ADDRESSING ORDERS OR REQUESTS BY EXECUTIVE
OFFICER TO ANY JUDICIAL AUTHORITY:
a. That the offender is an executive officer.
b. That the addresses any order or suggestion to any judicial authority.
c. That the order or suggestion relates to any case or business coming within the
exclusive jurisdiction of the courts of justice.
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• Note: Legislative or judicial officers are not liable under this article
Article 244
• ELEMENTS OF UNLAWFUL APPOINTMENTS:
a. That the offender is a public officer.
b. That he nominates or appoints a person to a public office.
c. That such person lacks the legal qualification therefor.
d. That the offender knows that his nominee or appointee lacks the qualification at
the time he made the nomination or appointment.
• Recommending, knowing that the person recommended is not qualified is not a
crime
• There must be a law providing for the qualifications of a person to be nominated or
appointed to a public office
Article 245
• ELEMENTS OF ABUSES AGAINST CHASTITY:
a. That the offender is a public officer.
b. That he solicits or makes immoral or indecent advances to a woman.
c. That such woman must be –
1. interested in matters pending before the offender for decision, or with
respect to which he is required to submit a report to or consult with a
superior officer, or
2. under the custody of the offender who is a warden or other public officer
directly charged with care and custody of prisoners or person under arrest,
or
3. the wife, daughter, sister or relative within the same degree by affinity of the
person in the custody of the offender
• The mother of the person in the custody of the public officer is not included
• Solicit: means to propose earnestly and persistently something unchaste and
immoral to a woman
• The advances must be immoral or indecent
• The crime is consummated by mere proposal
• Proof of solicitation is not necessary when there is sexual intercourse
TITLE EIGHT
I. CRIMES AGAINST PERSONS
DESTRUCTION OF LIFE
Notes:
1. The relationship of the offender with the victim is the essential element of the
felony
2. Parents and children are not included in the term “ascendants” or “descendants”
3. The other ascendant or descendant must be legitimate. On the other hand, the
father, mother or child may be legitimate or illegitimate
4. The child should not be less than 3 days old. Otherwise, the offense is infanticide
5. Relationship must be alleged
6. A stranger who cooperates in committing parricide is liable for murder or
homicide
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7. Even if the offender did not know that the person he had killed is his son, he is
still liable for parricide because the law does not require knowledge of the
relationship
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• Notes:
1. A person who attempts to commit suicide is not criminally liable
2. A pregnant woman who tried to commit suicide by means of poison but instead of
dying, the fetus in her womb was expelled, is not liable for abortion
3. Assistance to suicide is different from mercy-killing. Euthanasia/mk is the practice
of painlessly putting to death a person suffering from some incurable disease. In
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this case, the person does not want to die. A doctor who resorts to euthanasia
may be held liable for murder
4. Penalty is mitigated if suicide is not successful
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A. MUTILATION: (262)
Kinds of Mutilation
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14. If the injury would require medical attendance for more than 30 days, the illness
of the offended party may be considered as lasting more than 30 days. The fact
that there was medical attendance for that period of time shows that the injuries
were not cured for that length of time
15. Under par 4, all that is required is illness or incapacity, not medical attendance
16. In determining incapacity, the injured party must have an avocation at the time of
the injury. Work: includes studies or preparation for a profession
17. When the category of the offense of serious physical injuries depends on the
period of the illness or incapacity for labor, there must be evidence of the length
of that period. Otherwise, the offense will only be considered as slight physical
injuries
18. There is no incapacity if the injured party could still engage in his work although
less effectively than before
19. Serious physical injuries is qualified when the crime is committed against the
same persons enumerated in the article on parricide or when it is attended by
any of the circumstances defining the crime of murder. However, serious physical
injuries resulting from excessive chastisement by parents is not qualified serious
physical injuries
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1. By a man who have carnal knowledge of a woman under any of the following
circumstances:
a. through force, threat or intimidation
b. when the offended party is deprived of reason or otherwise unconscious
c. by means of fraudulent machination or grave abuse of authority
d. when the offended party is under 12 years of age or is demented, even
though none of the circumstances mentioned above be present
2. By any person who, under any of the circumstances mentioned in par 1 hereof,
shall commit an ac of sexual assault by inserting
a. his penis into another person’s mouth or anal orifice, or
b. any instrument or object, into the genital or anal orifice of another person
Notes:
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TITLE NINE
I. CRIMES AGAINST PERSONAL LIBERTY AND SECURITY
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1. That the offender compels a debtor to work for him, either as household servant
or farm laborer.
2. That it is against the debtor’s will.
3. That the purpose is to require or enforce the payment of a debt.
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 whom the offender has found abandoned, to the
authorities or to his family, or by failing to take him to a safe place
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4. That he has no intent to kill the child when the latter is abandoned.
Notes:
1. Conscious, deliberate, permanent, unless punishable by a more serious offense
2. Qualifying circumstances:
a. when the death of the minor resulted from such abandonment
b. if the life of the minor was in danger because of the abandonment
Note: Qualifying Circumstance – if the delivery of the child to any person following any of
the callings of acrobat, rope-walker, diver or wild-animal trainer or circus manager or to
any habitual vagrant of beggar is made in consideration of any price, compensation or
promise, the penalty is higher.
Notes:
1. Qualifying circumstance: if the offense is committed by means of violence or
intimidation, the penalty is higher
2. There must be an opposition to the entry of the accused
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3. Implied prohibition is present considering the situation – late at night and everyone’s
asleep or entrance was made through the window
4. Prohibition is not necessary when violence or intimidation is employed by the
offender
5. When there is no overt act of the crime intended to be committed, this is the crime
6. May be committed even by the owner (as against the actual occupant)
7. Not applicable to:
a. entrance is for the purpose of preventing harm to himself, the occupants or a
third person
b. purpose is to render some service to humanity or justice
c. place is a café, tavern etc while open
8. Medina case: when the accused entered the dwelling through the window, he had no
intent to kill any person inside, but the intention to kill came to his mind when he was
being arrested by the occupants thereof, the crime of trespass to dwelling is a separate
and distinct offense from frustrated homicide
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3. Circumstances qualifying the offense: when the offender reveals contents of such
papers or letters of another to a 3rd person, the penalty is higher
TITLE TEN
I. CRIMES AGAINST PROPERTY
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Robbery Bribery
X didn’t commit crime but is intimidated to X has committed a crime and gives
deprive him of his property money as way to avoid arrest or
prosecution
Deprived of Php thru force or intimidation Giving of Php is in one sense voluntary
Neither Transaction is voluntary and mutual
Ex. defendant demands payment of P2.00 with
threats of arrest and prosecution, therefore,
robbery because (a) intent to gain and (b)
immediate harm
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15. Gen. Rule: outside door. Exception: inside door in a separate dwelling
16. E.g. pretending to be police to be able to enter (not pretending after entrance)
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II. BRIGANDAGE
A. BRIGANDAGE: (306)
Brigands – more than three armed persons forming a band
Purpose:
a. Robbery in highway
b b. Kidnapping for extortion or ransom.
c. Any other purpose to be obtained by means of force and violence.
Presumption of Brigandage:
a. if members of lawless band and possession of unlicensed firearms (any of
them)
b. possession of any kind of arms (not just firearm)
III. THEFT
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Persons liable:
1. Those who
a) with intent to gain
b) but without violence against or intimidation of persons not force upon things
c) take
d) personal property
e) of another
f) without the latter’s consent
2. Those who
a) having found lost property
b) fail to deliver the same to local authorities or its owner
Notes:
1. Retention of money/property found is theft. Retention is failure to return (intent to
gain)
2. Knowledge of owner is not required, knowledge of loss is enough
3. Finder in law is liable
3. Those who
a) after having maliciously damaged the property of another
b) remove or make use of the fruits or object of the damage caused by them
Note: Killing of cattle of another which destroyed his property and getting meat for
himself
4. Those who
a) enter an enclosed estate or a field where
b) trespass is forbidden or which belongs to another and, without the consent of its
owner
c) hunts or fish upon the same or gather fruits, cereals or other forest or farm
products
Notes:
1. Theft is consummated when offender is able to place the thing taken under his
control and in such a situation as he could disclose of it at once (though no
opportunity to dispose) i.e, the control test
2. P v. Dino – applies only in theft of bulky goods (meaning there has to be capacity
to dispose of the things). Otherwise, P v. Espiritu – full possession is enough
3. Servant using car without permission deemed qualified theft though use was
temporary
4. Reyes says: there must be some character of permanency in depriving owner of
the use of the object and making himself the owner, therefore must exclude
“joyride”
5. Theft: if after custody (only material possession) of object was given to the
accused, it is actually taken by him (no intent to return) e.g. felonious conversion.
But it is estafa if juridical possession is transferred e.g., by contract of bailment
6. Includes electricity and gas
a. inspector misreads meter to earn
b. one using a jumper
7. Selling share of co-partner is not theft
8. Salary must be delivered first to employee; prior to this, taking of Php is theft
9. If offender claims property as his own (in good faith) – not theft (though later
found to be untrue. If in bad faith – theft)
10. Gain is not just Php – satisfaction, use, pleasure desired, any benefit (e.g.
joyride)
11. Actual gain is not necessary (intent to gain necessary)
12. Allege lack of consent in info is important
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Notes:
1. “grave abuse” – high degree of confidence e.g. guests
2. no confidence, not qualified theft
3. theft – material possession’ estafa – juridical possession
4. qualified: if done by one who has access to place where stolen property is kept
e.g., guards, tellers
5. novation theory applies only if there’s a relation
6. industrial partner is not liable for QT (estafa)
7. when accused considered the deed of sale as sham (modus) and he had intent
to gain, his absconding is QT
8. see carnapping law: RA 6539
9. motor vehicle in kabit system sold to another-theft. Motor vehicle not used as PU
in kabit system but under K of lease-estafa
10. mail matter – private mail to be QT, Not postmaster – Art. 226
11. theft of large cattle
IV. USURPATION
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V. CULPABLE INSOLVENCY
Notes:
1. Unfaithful or Abuse of Confidence
a. by altering the substance
b. existing obligation to deliver – even if it is not a subject of lawful commerce
c. thing delivered has not been fully or partially paid for – not estafa
c. no agreement as to quality – No estafa if delivery is unsatisfactory
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i. Partners – No estafa of money or property received for the partnership when the
business is commercial and profits accrued. BUT if property is received for
specific purpose and is misappropriated – estafa!
j. Failure to account after the DEMAND is circumstantial evidence of
misappropriation
k. DEMAND is not a condition precedent to existence of estafa when
misappropriation may be established by other proof
l. In theft, upon delivery of the thing to the offender, the owner expects an
immediate return of the ting to him – otherwise, Estafa
m. Servant, domestic or employee who misappropriates a thing he received from his
master is NOT guilty of estafa but of qualified theft
3. When in the prosecution for malversation the public officer is acquitted, the private
individual allegedly in conspiracy with him may be held liable for estafa
Offenders are entrusted with funds or offenders are entrusted with funds or
property and are continuing offenses property and are continuing offenses
Funds: always private Funds: public funds or property
Offender: private individual, or public officer Offender: public officer accountable for
not accountable public funds
Committed by misappropriating, converting, Committed by appropriating, taking,
denying having received money misappropriating
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2. dishonor from lack of funds to prima facie evidence of deceit or failure to make
good within three days after notice of.
3. No funds in the bank or his funds are not sufficient
4. If check was issued in payment of pre-existing debt – no estafa
5. Offender must be able to obtain something from the offended party by means of
the check he issues and delivers
6. If postdating a check issued as mere guarantee/promissory note – no estafa
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D. ELEMENTS OF ARSON
1. That the property burned is the exclusive property of the offender
2. That (a) the purpose of the offender is burning it is to defraud or cause damage to
another or (b) prejudice is actually caused, or (c) the thing burned is a building in an
inhabited place
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3. That the act damaging another’s property be committed merely for the sake of
damaging it.
Notes:
1. Malicious mischief – willful damaging of another’s property for the sake of
causing damage due to hate, revenge or other evil motive
2. No negligence
3. Example. Killing the cow as revenge
4. If no malice – only civil liability
5. Damage is also diminution in value
6. But after damaging the thing, he used it = theft
7. Damage is not incident of a crime (breaking windows in robbery)
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c. concubine/paramour (spouse)
d. common law spouse (propert is part of their earnings)
TITLE ELEVEN
CRIMES AGAINST CHASTITY
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c. domestic
3. Those who abused their relationship:
a. brother who seduced his sister
b. ascendant who seduced his descendant
Crimes against chastity where age and reputation of victim are immaterial: rape, acts of
lasciviousness, qualified seduction of sister/descendant, forcible abduction
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accessories-after-the-fact. But marriages must be in good faith. This rule does not apply
in case of multiple rape
TITLE TWELVE
CRIMES AGAINST THE CIVIL STATUS OF PERSONS
Acts Punished:
1. Simulation of births
2. Substitution of one child for another
3. Concealing or abandoning any legitimate child with the intent to cause such child to
lose its civil status
Requisites:
1. The child must be legitimate
2. The offender conceals or abandons such child
3. The offender has the intent to cause the child to lose its civil status
Elements of Simulation of Birth
1. Child is baptized or registered in the Registry of birth as hers
2. Child loses its real status and acquiires a new one
3. Actor’s purpose was to cause the loss of any trace as to the child’s true filiation
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TITLE THIRTEEN
CRIMES AGAINST HONOR
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Libel Perjury
-false accusation need not be made under oath -false accusation is made under oath
Newsweek v IAC
Newsweek portrayed the island province of Negros Occidental as a place dominated by
big landowners. Plaintiffs are associations of sugarcane planters. HELD: Dismissed. To
maintain a libel suit, the specific victim must be identifiable. Defamatory remarks directed
at a group of persons are not actionable unless the statements are all-embracing or
sufficiently specific for victim to be identifiable. An action for libel allegedly directed
against a group of sugar planters cannot be done by resort to filing a class suit as each
victim has his specific reputation to protect. In this case, each of the plaintiffs has a
separate and distinct reputation in the community.
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Note:
Even though made in connection with or under the pretext that it is necessary in the
narration of any judicial or administrative proceedings wherein such facts have been
mentioned.
Lacsa v IAC
Lacsa found that Marquez was not a proprietary member of PCA thus not qualified to be
president. He wrote to the BOD and to Marquez. He caused to publish the second letter.
HELD: Letter is not privileged communication. To be classified as such it must be free
from malice. Granting that the letter was privileged communication, written out of a duty
of an officer towards the members, such character was lost when it was published.
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b. where any of the offended parties actually resides at the time of the commission of
the offense
3) Where one of the offended parties is a public officer:
a. if his office is in the City of Manila
- RTC of Manila OR
- city/province where the article is printed and 1st published
b. Otherwise
- RTC of the city/province where he held office at the time of offense OR
- where the article is 1st published
4) Where one of the offended parties is a private individual:
- RTC of province/city where he actually resides at the time of the crime
- where article was printed or 1st published
Note: Offended party must file complaint for defamation imputing a crime which cannot
be prosecuted de oficio (e.g. adultery, concubinage, rape, seduction, abduction, and acts
of lasciviousness)
Soriano v IAC
The Philippines follows the multiple publication rule which means that every time the
same written matter is communicated, such communication is considered a distinct and
separate publication of libel.
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-by any person who shall make any intrigue which has for its principal purpose to
blemish the honor or reputation of another person
Notes:
a. Intriguing against honor refers to any scheme or plot designed to blemish the
reputation of another or of such trickery or secret plot.
b. Committed by saying to others an unattributable thing, if said to the person himself
it is slander.
Acts punished:
1) any person, not authorized by all the parties to any private communication or spoken
word
a) taps any wire of cable OR
b) uses any other device or arrangement, to secretly overhear, intercept, or
record such communication or spoken word by using a device commonly known
as a dictaphone or dictagraph or walkie talkie or tape recorder
2) any person, whether or not a participant in the above-mentioned acts:
a) knowingly possesses any tape record, wire record, disc record, or any other
such record or copies thereof of any communication or spoken word
b) replays the same for any other person
c)communicates the contents thereof, whether complete or partial, to any other
person
Notes:
a. Peace officer is exempt if acts done under lawful order of the court. You can only use
the recording for the case for which it was validly requested.
b. Information obtained in violation of the Act is inadmissible in evidence in any hearing
or investigation.
c. Gaanan v IAC
An extension phone is not one of those prohibited under RA 4200. There must be either
a physical interruption through the wiretap or the deliberate installation of a device or
arrangement in order to overhear, intercept or record the spoken words. The extension
phone was not installed for such purpose.
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The contributory negligence of the injured party will no t defeat the action if it be shown
that the accused might, by the exercise of reasonable care and prudence, have avoided
the consequences of the negligence of the injured party
Emergency rule-
An automobile driver, who, by the negligence of another, is suddenly placed in an
emergency and compelled to act instantly to avoid a collision or injury is not guilty of
negligence if he makes a choice which a person of ordinary prudence placed in such a
position might make even though he did not make the wisest choice.
P v Cano
Negligence is a quasi-offense. What is punished is not the effect of the negligence but
the recklessness of the accused.
P v Carillo
13 yr old girl dies 3 days after surgery due to an overdose of Nubain which triggered a
heart attack that caused brain damage. HELD: Guilty of simple negligence resulting to
homicide. Carillo was the anesthesiologist, he and his co-accused failed to monitor and
provide close patient care, to inform the parents of the child’s true condition, to prove
that they exercised necessary and appropriate degree of care and diligence to prevent
the condition.
Buearano v CA
Conviction of the accused in the charge of slight and less serious physical injuries
through reckless imprudence constitutes double jeopardy to the charge of the crime of
damage to property through reckless imprudence.
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