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AND THE LAW OF NATIONS 1. 2. 3. 4. 5. 6. 7. 8. 9. Treason Conspiracy and Proposal to Commit Treason Misprision of Treason Espionage Inciting to War and Giving Motives for Reprisal Violation of Neutrality Correspondence with Hostile Country Flight to Enemy Country Piracy and Mutiny
118 Inciting to War/Giving Motives 119 Violation of Neutrality 120 Correspondence with Hostile Country 1. Offender performs unlawful or unauthorized acts 2. Such acts provoke or give occasion for a war involving or liable to involve RP or expose Filipino citizens to reprisals on their persons or property 1. War which the Philippines is not involved 2. There is a regulation issued by competent authority for the purpose of enforcing neutrality 3. Offender violates such regulation 1. Time of war in which the Philippines is involved 2. Offender makes correspondence with enemy country or territory occupied by enemy troops 3. The correspondence is either a. Prohibited by the government b. Carried in ciphers or conventional signs c. Containing notice or information which might be useful to the enemy 1. There is a war which the Philippines is involved 2. Offender must be owing allegiance to government 3. Offender attempts to flee or go to enemy country 4. Going to enemy country is prohibited by competent authority 1. Vessel is on the high seas or in RP waters 2. Offenders are not members of complement or passengers of the vessel 3. Offenders either a. attack or seize the vessel b. seize the whole or part of the cargo of said vessel, it’s equipment, or personal belongings of its complement or passengers Qualifying Circumstances: 1. Seized vessel by boarding/firing upon the same; or 2. Pirates have abandoned their victims without means of saving themselves; or 3. Crime is accompanied by murder, homicide, physical injuries or rape
GR: committed in times of war Except: espionage, inciting to war or giving motives for reprisal, violation of neutrality, piracy and mutiny Elements
Crime 114 Treason 1. Elements Offender is Filipino citizen or alien residing in RP 2. There is war in which the Philippines is involved 3. Offender either: a. levies war against the government i. that there be actual assembling of men, ii. for the purpose of executing a treasonable design by force b. or adheres to enemies, giving aid or comfort Conspiracy to Commit Treason Proposal to Commit Treason
121 Flight to Enemy’s Country
122 Piracy in General and Mutiny on the High Seas or in Philippine Waters 123 Qualified Piracy
115 Conspiracy and Proposal to Commit Treason 116 Misprision of Treason
1. 2. 3.
Offender must be owing allegiance to the government and not a foreigner He has knowledge of any conspiracy to commit treason against the government He conceals/does not disclose and make known the same as soon as possible to governor/fiscal of province or mayor/fiscal of city in which he resides By entering, without authority therefore, a warship, fort or naval or military establishment or reservation to obtain any information, plans, photographs or other data of a confidential nature relative to the defense of the Philippines a. Offender enters any of the places mentioned b. He has no authority therefore c. His purpose is to obtain info, plans, etc. of a confidential nature relative to defense of RP By disclosing to representative of a foreign nation the contents of the articles, data, or information referred to in Par. No. 1 which he had in his possession by reason of the public office he holds a. Offender is a public officer b. He has in his possession the articles, etc. by reason of the public office he holds c. He discloses their contents to a representative of a foreign nation
Anti-Piracy and Anti-Highway Robbery (PD 532)
PD 532 Committed by any person, including a passenger or member Philippine waters §4 – ACCOMPLICE: (a) Knowingly or in any manner aids or protects, or acquires or receives property taken or in any matter derives any benefit (b) Directly or indirectly abets commission Art. 122 Committed by strangers (nonpassengers or non-members) Philippine waters or high seas
Robbery, Piracy and Mutiny
Robbery Robbery in an Uninhabited Place – if committed in banca/ raft by crewmember or passenger Piracy Offenders are outsiders Robbery committed by outsiders Mutiny Offenders members of complement or passengers Raise commotion or protest or go against lawful command of captain
Anti-Hijacking Law (RA 6235)
Rose Rayco’s 2006 Bar Memory Aid (Criminal Law - Book 2) Page 2 of 41
Philippine Registry Foreign Registry Passenger Aircraft Operating as Public Utility in RP Cargo Aircraft Operating as Public Utility in RP Qualifying Circumstances Change course or destination or usurping or seizing control while in flight Land in any part of RP territory or usurping or seizing control, while within RP territory Carrying or loading on board substances that are corrosive, flammable, explosive or poisonous Shipping or loading such substances in a manner not in accordance with rules and regulations of Air Transportation Office (1) firing upon the pilot, crew or passenger (2) exploding or attempting to explode any bomb or explosive to destroy the aircraft (3) committing crime accompanied by murder, homicide, serious physical injuries, or rape
Rose Rayco’s 2006 Bar Memory Aid (Criminal Law - Book 2) Page 3 of 41 TITLE II: CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE 1. 2. Arbitrary Detention Delay in Delivery of Detained Persons to Proper Judicial Authorities 3. Delaying Release 4. Expulsion 5. Violation of Domicile 6. Search Warrants Maliciously Obtained and Abuse in Service of Those Legally Obtained 7. Searching Domicile without Witnesses 8. Prohibition, Interruption and Dissolution of Peaceful Meetings 9. Interruption of Religious Worship 10. Offending Religious Feelings Elements
Crime 124 Arbitrary Detention 125 Delay in Delivery of Detained Person to Proper Judicial Authorities 126 Delaying Release 1. 2. 3. 1. 2. 3. Elements Offender is a public officer or employee He detains a person Detention is without legal grounds Offender is a public officer or employee Detained a person for some legal ground Fail to deliver person to proper judicial authorities: a. 12 hrs – light penalties or their equivalent b. 18 hrs – corrective penalties or equivalent c. 36 hrs – afflictive/capital or equivalent 129 Search Warrants Maliciously Obtained and Abuse in Service of Those Legally Obtained 130 Searching Domicile Without Witnesses 131 Prohibition, Interruption , and Dissolution of Peaceful Meetings Acts Punished: 1. Procuring a search warrant without just cause a. Offender is a public officer or employee b. Procures a search warrant c. There is no just cause 2. Exceeding authority or using unnecessary severity in executing a search warrant legally procured a. Offender is a public officer or employee b. Legally procured a search warrant c. Exceeds authority or uses unnecessary severity in executing the same 1. Offender is a public officer or employee 2. Armed with search warrant legally procured 3. Searches domicile, papers or other belongings of any person 4. Owner, or any member of his family, or 2 witnesses residing in the same locality are not present 1. Offender is a public officer or employee 2. He performs any of the following acts: a. Prohibiting/interrupting, without legal ground, holding of a peaceful meeting, or by dissolving the same b. Hindering any person from joining any lawful association or attending any meetings c. Prohibiting/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 1. Offender is a public officer or employee 2. Religious ceremonies or manifestations of any religion are about to take place or are going on 3. Offender prevents or disturbs the same Qualifying Circumstance: * if committed with violence or threats 1. Acts complained of were performed: In a place devoted to religious worship, or During celebration of any religious ceremony 2. Acts must be notoriously offensive to the feelings of the faithful
132 Interruption of Religious Worship
127 Expulsion 128 Violation of Domicile
Offender is a public officer or employee Judicial/executive order for release of a prisoner or detention prisoner, or there is a proceeding upon a petition for the liberation of such person 3. Offender without good reason delays: a. service of notice of such order to the prisoner b. performance of such judicial/executive order for the release of the prisoner c. proceedings upon a petition for the release of such person 1. Offender is a public officer or employee 2. He expels any person from RP or compels a person to change his residence 3. Offender is not authorized to do so by law Acts Punished: 1. By entering any dwelling against the will of the owner thereof; or 2. By searching papers or other effects found therein without the previous consent of such owner; or 3. By refusing to leave the premises, after having surreptitiously entered said dwelling and after having been required to leave the same Elements Common to the Three Acts: 1. Offender is a public officer or employee 2. Not authorized by judicial order to enter dwelling and/or to make a search for papers & other effects
133 Offending the Religious Feelings
Arbitrary Detention (art. 124) Public officers whose official duties give them the authority to effect arrest and detain persons Intent to detain Detention at the outset unlawful Arbitrary Detention (art. 124) Public officer authorized to arrest and detain Detention without lawful cause Detention is penalized Arbitrary Detention (art. 124) No warrant of arrest No legal grounds Art. 128 No warrant Illegal Detention (art. 267) Other kind of public officers, private individuals Intent to detain
Unlawful Arrest (art. 269) Public officer/private individual Feigned to arrest without legal cause the purpose of which it to file charge Arrest is penalized Delay in Delivery (art. 125) No warrant of arrest With legal grounds Art. 129 and 130 Warrant but maliciously obtained or even if issued regularly, abuse in implementation Officer can be held liable for perjury
146) Assembly not for legal purpose May be a member of assembly Art.Book 2) Page 4 of 41 Art. 132 and 133 Exercise of religious manifestations. 131 Assembly for legal purpose Officer not a member assembly of Illegal Assembly (art. not quasi religious ceremonies 132 – public officer 133 – anyone Directed at religious belief itself and act is notoriously offensive Unjust Vexation Offensive to particular religion only .Rose Rayco’s 2006 Bar Memory Aid (Criminal Law .
intimidation. 145 First Form Violation of 1. Continuing to discharge the duties of their offices under the control of the rebels. 2. or b. communication networks. banners or other representations tending to the same end Offenders rise publicly and tumultuously 134-A Coup d’etat 136 Conspiracy and Proposal 137 Disloyalty of Public Officers 138 Inciting to Rebellion 1.Book 2) Page 5 of 41 TITLE III: CRIMES AGAINST PUBLIC ORDER 1. Failing to resist a rebellion by all the means in their power. Inciting done by means of speeches. Alarms and Scandals Delivering Prisoners from Jail. for any political or social end. strategy or stealth 3. c. of their powers or prerogatives 1. Evasion of Service of Sentence. A projected or actual meeting of Congress and Acts similar bodies Tending to 2. proclamation. meeting is attended by armed persons c. Writing. Violation of Parliamentary Immunity) Illegal Assemblies and Illegal Associations Direct Assault. Rebellion. Insurrection. writings. Evasion on Occasion of Disorders. or any military camp or installation. Elements Crime 134 Rebellion or Insurrection Elements Public uprising and taking arms against Gov’t Purpose: a. Prevents such meeting by force or fraud Meeting of Congress 144 A meeting of Congress and similar bodies Disturbance The offender does any of the following acts: of He disturbs any of such meetings Proceedings He behaves while in the presence of any such of Congress bodies in such a manner as to interrupt its proceedings or to impair the respect due it. Offender does not take direct part in the crime of sedition b. Uttering seditious words or speeches which tend to disturb the public peace 3. gathering or group of persons. Congress is in regular or special session 4. or c. Resistance and Disobedience to Person in Authority/Agent) Public Disorders (Tumults and Other Disturbances of Public Order. Offender is person(s) belonging to the military or police or holding any public office or employment 2. 3. Unlawful Use of Means of Publication and Unlawful Utterances. Offender is a public officer or employee Commits any of the following acts of disloyalty: a. cartoons. 7. Inflict any act of hate/revenge upon person or property of any public officer or employee d. Disloyalty of Public Officers. Meeting attended by armed persons for the Illegal purpose of committing any of the crimes in Assemblies RPC a. 4. intimidation. Committed thru swift attack accompanied by violence. b. Sedition (Conspiracy. Prevent the promulgation or execution of any law or the holding of any popular election b. Inciting to Sedition to Accomplish its Objects: Sedition a. wholly or partially. for any political or social end. Commits acts of sedition (either 2 or 3) 143 1. 2. He incites others to the accomplishment of any of the acts which constitute sedition c. Disturbance of Proceedings of Congress and Similar Bodies. or b. Purpose: seize or diminish state power Conspiracy and Proposal to Commit Coup d’etat Conspiracy to Commit Rebellion or Insurrection Proposal to Commit Rebellion or Insurrection 1. Prevent the National Gov’t.Rose Rayco’s 2006 Bar Memory Aid (Criminal Law . threats or fraud mentary 2. a meeting. 139 1. Offender may be any person Prevent the 3. publishing or circulating scurrilous libels against gov’t tending to disturb the public peace a. any act of hate/revenge against private persons or any social class. whether in a fixed place or moving b. Accepting appointment to office under them Offender does not take arms or is not in open hostility against the government Incites others to the execution of acts of rebellion Inciting is done by means of speeches. Offender does not take direct part in sedition b. Commit. municipality or province. Attack directed against duly constituted authorities of RP. remove from allegiance to said gov’t or laws: territory of RP or any part thereof. purpose: commit any crime punished in Sedition 2. emblems. Violation of Conditional Pardon Quasi-Recidivism Employ force. deprive Chief Executive or Congress. 5. Purpose: to prevent any member of Congress Immunity from: a. Incitement). or any public officer from freely exercising functions. 2. Indirect Assault. Coup d’etat. and e. Disobedience (Disobedience to Summons Issued by Congress. Crimes Against Proper Representation (Acts Tending to Prevent the Meeting of Congress. or any provincial or municipal gov’t. Offender (any person) uses force. Casting his vote Second Form 1. 3. Parliaintimidation. Expressing his opinion. proclamations. . Attending the meetings of Congress. any person. emblems. Proposal. threat. naval or other armed forces. He arrests or searches any member of Congress 3. or the national gov’t of all its property or any part 141 Conspiracy to Commit Sedition 142 Acts Punished: Inciting to 1. 6. or prevent the execution of any administrative order c. Despoil. Member has not committed a crime punishable by penalty higher than prision mayor 146 1. public utilities or other facilities needed for the exercise and continued possession of power 4. or any body of land. Objects: a. or other representations 2. writings. Offender is a public officer or employee 2. banners. or other means outside of legal methods 3.
justifying or extolling any act punished by law. Person in authority or his agent is the victim of any of the forms of direct assault defined in Article 148 2. An agent of a person in authority is engaged in the performance of official duty or gives a lawful order to the offender 2.1): 1. A person in authority or his agent is engaged in the performance of official duty or gives a lawful order to the offender 2. or by any commission or committee chairman or member authorized to summon witnesses 2. its Committees. Direct Assault (laying hands on person in authority) 2. when the assault is committed with a weapon 2. at the time of the assault the person in authority or his agent is engaged in the actual performance of official duties. 155 Alarms and Scandals 156 Tumultuous – the disturbance or interruption shall be deem as such if caused by more than three persons who are armed or provided with means of violence Acts Punished 1. utterances or speeches 3. Causing any serious disturbance in a public place. by the same means or by words. or cause damage to the interest or credit of the State 2. sedition or direct assault Illegal Associations: 1. First form (rebellion by a handful of people) a. when required by them to do so in the exercise of their functions 4. 149. when the offender is a public officer or employee 3. Offender makes use of force/intimidation upon person coming to the aid of authority or his agent Acts Punishable: 1. Simple Assault: 1. or other explosive within any town/public place. or leaflets which do not bear the real printer’s name. Person confined in a jail or penal . Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusements 4.Rose Rayco’s 2006 Bar Memory Aid (Criminal Law . Person comes to the aid of authority or his agent 3. documents. office or establishment 2. rebellion or insurrection. whether in a fixed place or moving b. Offender disobeys agent of person in authority 3. to obey summons of Congress. 2): 1. meeting. and 150 Simple Disobedience (Par. provided Article 153 is not applicable 1. Burying with pomp the body of a person who has been legally executed Qualifying character Circumstances: if tumultuous in 151 Resistance and Disobedienc e to a Person in Authority or Agents of Such Person 147 Illegal Associations 148 Direct Assaults 153 Tumults and Other Disturbance s of Public Order 154 Unlawful Use of Means of Publication and Unlawful Utterances 149 Indirect Assaults 150 Disobedienc e to Summons Issued by Congress. or records in his possession. when offender lays hands upon person in authority 1. Associations totally or partially organized for some purpose contrary to public morals Two Forms and Requisites: 1. periodicals. calculated to cause (which produces) alarm or danger 2. functions or gatherings. is incited to the commission of treason. By maliciously publishing or causing to be published any official resolution or document without proper authority. or before they have been published officially 4. or makes a serious resistance 2. By refusing to answer any legal inquiry or to produce any books. The act of the offender is not included in the provisions of Articles 148. firecracker. there is no public uprising 2. its special or standing committees and subcommittees or divisions. offender makes an attack. Causing any disturbance or scandal in public places while intoxicated or otherwise. The offender resists or seriously disobeys such person in authority or his agent 3. rocket. By restraining another from attending as a witness in such legislative or constitutional body 5. if the act is not included in Articles 131 and 132 3. association or public place 4. there is no public uprising Qualified Assault 1. lithography or any other means of publication. etc. or that he is assaulted by reason of the past performance of official duties 4.Book 2) Page 6 of 41 RPC Meeting in which the audience. Making any outcry tending to incite rebellion or sedition in any meeting. By refusing. rebellion or insurrection. employs force. Associations totally or partially organized for the purpose of committing any of the crimes punishable under the Code 2. Discharging firearm. person assaulted is person in authority or his agent 3. By printing. incited to commission of the crime of treason. without legal excuse. or peaceful meetings. Instigating or taking an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility 3. whether armed or not. By inducing disobedience to a summons or refusal to be sworn by any such body or official Resistance and Serious Disobedience (Par. By refusing to be sworn or placed under affirmation while being before such legislative or constitutional body or official 3. by means of printing. pamphlets. a gathering or group of persons. Publishing or causing to be published. as news any false news which may endanger the public order. or which are classified as anonymous Acts Punished as Alarms and Scandals: 1. makes a serious intimidation. audience. Displaying placards or emblems which provoke a disturbance of public order in such place 5. or assault upon a person in authority or his agents a. papers. the offender employs force or intimidation b. By encouraging disobedience to the law r to the constituted authorities or by praising. Such disobedience is not of a serious nature Tumults and Other Disturbances of Public Order: 1. publishing or distributing (or causing the same) books. Interrupting or disturbing performances. the aim of the offender is to attain any of the purposes of the crime of rebellion or any of the objects of crime of sedition c. offender knows that the one he is assaulting is a person in authority or his agent in the exercise of his duties 5. whether armed or not. sedition.
Only ONE information is prepared.g. barrio vice-lieutenant. etc. or mutiny in which he has not participated 3. etc. unlawful entry (by scaling). Sentence consists in deprivation of liberty 3. Offender was a convict 2. crime is Direct Assault. by direct provision of law. immobilize or paralyze gov’t Not limited to force and violence Rebellion Political Use of firearm essential Sedition Political/social Use of firearm not an essential . disguise. is charged with maintenance of public order and the protection and security of life and property (e. 142) Acts employed in 142 Objectives in 139 Rise publicly and tumultuously Direct Assaults (art. Granted conditional pardon by Chief Executive 3. on the occasion of such disorder or during the mutiny 4. teachers. Evasion by escaping during the term of sentence Qualifying Circumstances: 1. or intimidation. election or appointment by competent authority. Article 48 cannot be invoked Rebellion Rising publicly Multitude of people Does not require Overthrow government Always violence force and Coup d’etat Swift attack Singly or collectively Require principal participants to be AFP. or helps the escape of such person ingredient * Cannot be prosecuted for illegal possession of firearm because it is absorbed Rebellion/Sedition Must take part in crime Tumults (art. Offender is a convict by final judgment.Rose Rayco’s 2006 Bar Memory Aid (Criminal Law . The offender was already convicted by final judgment of one offense 2. using picklocks. explosion. Offender fails to give himself up to the authorities within 48hrs following issuance of proclamation by the chief executive announcing passing away 1. murder. Disorder.): rebellion absorbs common crimes. corporation for criminal activities prohibited by RPC and SPL or any act prejudicial to public welfare RPC and SPL Direct Assault If made while in performance of PA’s duty. Destabilize. Offender is a convict by final judgment 2. Enrile. Offender evades service of his sentence by leaving the penal institution where he is confined. windows. Must be while acting within the SCOPE of his authority If made when OFF DUTY. whatever his reason may be for attacking. deceit. motive must be determined: Direct Assault – if attack related to past performance No Direct Assault – if no such reason Person in Authority – any person directly vested with jurisdiction. 148) 2. thru connivance with other convicts or employees of penal institution 1. Coup d’etat. He committed a new felony before beginning to serve such sentence or while serving the same No public uprising Illegal Assemblies and Associations Illegal Assemblies Mere gathering for unlawful purpose which must relate to crime in RPC RPC only If offense punishable under SPL. barrio councilman & barrio policeman. Sedition Rebellion and Common Crimes New Doctrine: Offenders may be charged for “common crimes” (e. lawyers and heads of schools) Agent of Person in Authority – one who. roofs floors. 153) Intent: disturb public performance or create disturbance in a public place Inciting to Rebellion or Sedition Civilians who do not take part Inciting to Sedition (art. or 4. violence. walls. no illegal assembly Illegal Associations Forming of illegal org’n. and any person who comes to the aid of PA) Felonies Committed with Direct Assault Generally. 3. whether as an individual or as a member of some court or governmental corporation. homicide. barangay chairman. result of: conflagration. false keys. association. PNP.g. similar catastrophe. members of Lupong Tagapagkasundo. and not the offender’s act of receiving or agreeing to receive a bribe as a consideration fro committing the offense 1. who is confined in a penal institution 2. breaking doors.g. He violated any of the conditions of such pardon Commission of Another Crime During Service of Penalty Imposed for Another Previous Offense 1.Book 2) Page 7 of 41 Delivering Prisoners from Jail establishment Offender removes therefrom such person. and other felonies that may be conceivably committed in the course of the rebellion) separately from rebellion and insurrection. 157 Evasion of Service of Sentence 158 Evasion on Occasion of Disorders 159 Violation of Conditional Pardon 160 QuasiRecidivism Qualifying Circumstance * offender’s act of employing bribery as a “means” of removing or delivering the prisoner from jail. Former doctrine (Hernandez. 2. earthquake. board or commission (e. arson. exception: slight physical injuries (inherent in direct assault) Laying of Hands Direct Assault Crime: Direct Assault with Less Serious PI By reason of being PA or performance of his function Less Serious Physical Injuries Qualifying circumstance to lay hands upon person in authority Not be reason of his being a person in authority Rebellion. gates. DA is complexed with other crimes resulting from the assault.
156) Offender not custodian of prisoner Detention Evasion of Service of Sentence (Art. crime is attempted homicide/murder if with intent to kill Person was hit and injured but no intent to kill Weapon not discharged but pointed to another Drawn in a quarrel but not in self-defense Threat was immediate. 157) (1) By prisoner in confinement by final judgment (2) prisoner not in confinement by final judgment (e. etc. it is not public disorders Summary Delivery of Prisoners from Jail (Art. 14(2)) Direct Assault prisoner sentence by final judgment Prisoner serving sentence by final judgment Direct Assault vs. as the penalty for violation is merely to serve the balance Public Disorders 1. Variant Crimes that can Arise from Discharge of Firearms Alarms and Scandals Illegal Discharge of Firearms Attempted Homicide/Murder Physical Injuries Threat Other Light Threat Grave Coercion Discharge of firearm in public place but not pointed to a particular person Directed to particular person who was not hit if intent to kill is not proved If person was hit. pans. if not serious the crime is alarms and scandals if criminal intent at the OUTSET is to incite listeners to rebellion or sedition. there is a new penalty imposed If penalty remitted is more than 6 years. destierro) Infidelity in Custody of Prisoner (Arts. Premium for those who return: Leaving without returning within time prescribed Not leaving Leaving and returning within time prescribed 1/5 addition to remaining sentence but not more than 6 mos. (1/5 x balance of the sentence to be served) No deduction 1/5 deduction from sentence (1/5 x original sentence) Conditional Pardon Substantive offense Not substantive offense If penalty remitted is 6 years or less. Serious intimidation. must not fall under Articles 131 and 132 (only public officers can commit these crimes) disturbance must be serious.Rose Rayco’s 2006 Bar Memory Aid (Criminal Law . direct and serious and person is compelled or prevented to do something against his will Quasi-Recidivism Special aggravating circumstance that must be alleged in the complaint Variant Crimes in Creating Noise/Annoyance Alarms and Scandals Unjust Vexation Public in general Directed to a person particular Evasion of Service of Sentence Delivery of Prisoners from Jail (Art. 157) Infidelity in Custody of Prisoner (Arts. Does not Evasion in Article 158 Failure to return. Resistance or Serious Disobedience Direct Assault PA or A must be engaged in performance of official duties or assaulted by reason thereof Committed in 4 ways: Attack. 223-225) Offender is custodian who connived in escape or was negligent Detention Prisoner Prisoner serving . 156) (1) By detention prisoner if he knew of the plan to make him escape (2) by a convict whose conviction is not yet final or on appeal (3) by a person rescuing the prisoner from jail who is not the custodian and who may be a civilian or a PO not the custodian Evasion of Service of Sentence (Art. the use of any kind or degree of force will give rise to direct assault Resistance or Serious Disobedience PA or A must be in actual performance of duties Committed in 2 ways: Resisting Seriously Disobeying Force employed – not so serious. Force. 2. as there is no manifest intention to defy the law If no force is employed by the offender in resisting or disobeying.g. or was negligent Alarms and Scandals Charivari – mock serenade where the offender actually disturbs the peace by using cans. automatically.Book 2) Page 8 of 41 Not a PA PA Aggravating circumstance (art. 3. or Serious resistance Force employed – serious and deliberate When the one resisted is PA. include riot (prisoners are not subordinates). connived. the crime committed is resistance Mutiny Revolt of subordinates against superiors. 223-225) (1) By public officer who consented or connived in the escape of convict or detention prisoner and is the custodian of the prisoner (2) public officer custodian whose negligence caused the evasion (3) private person to whom the custody of the prisoner was confided who consented. utensils.
Book 2) Page 9 of 41 .Rose Rayco’s 2006 Bar Memory Aid (Criminal Law .
offender is private individual or public officer or employee who did not take advantage of his official position b. Altering true dates f. or different from that of genuine original h. Forging or falsification of treasury or bank notes or other documents payable to bearer 2. Importing or uttering mutilated coins. with intent to damage or to defraud another 2. Importing and Uttering False or Forged Notes. Falsification of Medical Certificates. Certificates of Merit and the Like. Rank. Importing and Possession of Instruments or Implements Intended for Commission of Falsification) Other Falsities (Usurpation of Authority. Obligations and Securities. in Article 171 b. Alteration changed the meaning of the document 1. There be false or counterfeited coins 2. That in case of uttering such false or counterfeited coins. Offender either forged. registry or official book. No proper authority 4. Forging the Great Seal of the Government of the Philippines 2. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them d. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate c. Use of falsified document a. Forgeries (Forging Seal of Gov’t. Signature or Stamp of the Chief Executive 162 Using Forged Signature or Counterfeit Seal or Stamp 163 Making and Importing and Uttering False Coins 164 Mutilation of Coins Elements Acts Punished: 1. and Improper Use of Names. In case of uttering. Offender either made. damage to 3rd party or intent to cause damage 3. Actually uttering such false or mutilated coins. If offender is ecclesiastical minister. 4. false document is embraced in Article 171 or in any subdivision no. knowing the same to be false and mutilated Acts Punishable: 1. Without Connivance 166 Forging Treasury or Bank Notes or Other Documents Payable to Bearer 167 Counterfeiting Instruments Not Payable to Bearer 168 Illegal That the Great Seal of RP was counterfeited or the signature or stamp of Chief Executive was forged by another person 2. Signature or Stamp of Chief Executive. Counterfeiting or imitating (feigning) any handwriting. Falsification of private document by any person a. signature or rubric i. resolution. Uttering of such false or forged obligations or notes in connivance with the forgers or importers 1. Obligations and Securities. imported or uttered coins 3. public or official or commercial document 2. counterfeited or mutilated by another person. That any instrument payable to bearer. 1. employee. Employee. Falsification of public. 1. Uniforms and Insignia. He falsifies by committing any of the ff acts: a.Rose Rayco’s 2006 Bar Memory Aid (Criminal Law . committed in any private document c. and Wireless Telegraph and Telephone Messages. official or commercial document by a private individual a. Offender alters the same 3. offender committed any of the acts of falsification. 165 Selling of False or Mutilated Coins. Monopolies and Combinations. Forging Treasury or Bank Notes. Offender is public officer. The offender knew of the counterfeiting or forgery 3. Public. Making any alteration/intercalation in a genuine document changing its meaning * change made document speak something false g. Frauds in Commerce and Industry) Crime 161 Forging the Seal of the Gov’t. falsification is committed on record/document of such character that falsification may affect civil status of persons Acts Punished and Their Requisites: 1. Forging the stamp of the president Possession and use of False Treasury or Bank Notes and Other Instruments of Credit 170 Falsification of Legislative Documents 171 Falsification by Public Officer. possessing with intent to use any of such forged or falsified instruments 2. 3. 1 or 2 or Article 172 . Mutilating coins of legal currency. Issuing in authenticated form a document purporting to be a copy of any original document when no such original exists. Commercial and Private Documents. with connivance with mutilator/importer in uttering 1. Forging the signature of the president 3. ordinance is enacted or approved or pending approval in legislative body 2. Intercalating any instrument or note relative to the issuance thereof in a protocol. Making untruthful statements in a narration of facts * legal obligation to disclose the truth of the facts narrated by him e. notary public 2. he connived with counterfeiters/importers Acts Punished: 1. or Notary or Ecclesiastica l Minister falsified by another person Knowledge that it is forged or falsified He performs any of these acts: a. or including in such copy a statement contrary to. except those in ¶ 7. 3. or attempt to imitate ii. or any instrument payable to order is forged or 172 Falsification by Private Individuals and use of Falsified Documents A bill.Book 2) Page 10 of 41 TITLE IV: CRIMES AGAINST PUBLIC INTEREST 1. intent to imitate. He used counterfeit seal/forged signature or stamp 1. knowledge of falsification b. Possession of coin. Counterfeiting Coins. imported or uttered such 3. with intent to utter the same. There be an instrument payable to order or other document of credit not payable to bearer 2. Falsification of Legislative. 2. knowing that it is false or mutilated 2. Manufacturing. Importation of such false/forged obligations/notes 3. genuine and forged signatures bear some resemblance to each other b. He takes advantage of his official position 3. he connived with forger / importer 1. Title. using any such forged or falsified instruments b. any of the acts of falsification in Article 171 c. False Testimony) Frauds (Machinations.
Attempting to cause bidders to stay away from an auction by threats. and Combinations 186 Monopolies and Combinatio ns in Restraint of Trade 187 Importation and Disposition of Falsely Marked Articles 188 189 178 Using Fictitious Name and Concealing True Name Forgeries Counterfeiting Coins Counterfeiting – imitation of a legal or genuine coin. (b) evade execution of judgment. telegraph or telephone message * same as above 3. uttering fictitious message ii. Testimony must relate to issues presented in case 3. prejudice to 3rd party. or marks fail to indicate the actual fineness or quality of said metals or alloys 3. producer. or disposes of any of those articles or merchandise 2. Accused made a willful and deliberate assertion of a falsehood. damage to 3rd person or intent to cause damage Acts Punishable 1. Monopolies. knowledge 3. Two ways of Committing Perjury a. Cable. That the testimony must be false 4. Falsifying wireless. telegraph. By falsely testifying under oath. Testimony in Other Cases and Perjury in Solemn Affirmation b. brands. He uses that fictitious name publicly 3. Offender conceals true name. Knowledge 2. falsifying message 2. Offender knows that it is false 4. Stamps. use Acts Punished: 1. 174 2. sells. Accused made a statement under oath or executed an affidavit upon a material matter b. knowledge of falsification b. Purpose: only to conceal his identity 1. Malicious. Made before a competent officer. use of such falsified dispatch c. telephone message a. to forge an instrument is to make false instrument intended to be passed for the genuine one Forgery is committed only on treasury and bank notes. Offender imports. Usurpation of Official Functions – performing any act pertaining to any person in authority or public officer of RP gov’t or foreign gov’t. conspiring or agreeing with any person to make transactions prejudicial to lawful commerce or increase market price of merchandise 1. Offender testifies falsely under oath against the defendant therein 3. Offer was made in a judicial or official proceeding 1. Offer in evidence of false witness or false testimony 2. telephone message b. agent or representative of RP gov’t or any foreign gov’t 2. cable. imitation of the peculiar design of a genuine coin Forgery Forgery – giving to treasury/bank note or any instrument payable to bearer or to order the appearance of a true and genuine document. or (c) cause damage to public interest Concealing True Name 1. with intent to affect issues presented 1.Rose Rayco’s 2006 Bar Memory Aid (Criminal Law . Civil case 2. Offender makes use of insignia. Possessing with intent to use made in or introduced into RP by another person Two Ways of Committing the Crime: 1. Offender is officer/employee of gov’t or private corporation. and d. intent to cause the reduction of the price of the thing auctioned Acts Punished as Monopolies: 1. gifts. authorized to receive and administer oath c. By making a false affidavit Elements of Perjury a. Knowledge of falsity 3.Book 2) Page 11 of 41 he introduced document in evidence in any proceeding (judicial or otherwise) d. Criminal proceeding 2. or intent to cause such Falsification of Medical Certificates. Such is used publicly and improperly 1. falsification as in art. in other proceedings (NOT judicial). other circumstances 2. Uttering fictitious wireless. Defendant either acquitted or convicted False Testimony Favorable to Defendant 1. Telegraph and Telephone Messages 174 175 Using False Certificates 176 Mnftg and Possession of Implements for Falsification 177 Usurpation of Authority or Official Functions 184 Offering False Testimony in Evidence 185 Machinations. Manufacturer. under false pretense. Falsification Falsification Documents may or may not be under oath Contents may be signature is false true but Perjury Document must be under oath (required by law to be under oath) Contents in its material aspect must be deliberately false 179 Illegal Use of Uniforms or Insignia 180 False Testimony Against a Defendant 181 182 False Testimony in Civil Cases 183 False Complex Crime of Estafa through Falsification . engaged sending or receiving wireless. Offender uses a name other than his real name 2. promises or other artifice * in both cases. Monopoly to restrain free competition in the market 3. Knowledge of falsity 5. Certificates of Merit or Service 1. Sworn statement/affidavit is required by law 1. Soliciting any gift or promise as a consideration for refraining from taking part in any public auction 2. or processor or importer combining. Combination to prevent free competition in the market 2. Using such falsified message a. Such pertains to an office not held by offender or to a class of persons of which he is not a member 3. uniform or dress 2. Repealed by RA 8293 (Intellectual Property Code) Repealed by RA 8293 (Intellectual Property Code) 173 Falsification of Wireless. Making or introducing in RP implements for counterfeiting or falsification 2. Usurpation of Authority – knowingly and falsely representing oneself to be officer. and c. Purpose: (a) conceal a crime. Offender commits any of the following acts: i. and without authority Using Fictitious Name 1.
witness must first be convicted of perjury . Except as pseudonym (entertainment purposes and athletic events). Requires public use and habituality Perjury Subornation of Perjury – act of a person of procuring a false witness to testify and commit perjury.Book 2) Page 12 of 41 If public or official or commercial document falsified to commit estafa – complex crime If private document – no complex crime (either estafa or falsification) Estafa If estafa can be committed even without resorting to falsification. Person desiring to use alias shall apply for judicial authority.Rose Rayco’s 2006 Bar Memory Aid (Criminal Law . No person allowed to secure judicial authority for more than one alias. no person shall use name other than original or real name unless recorded in LCR or authorized in court §2. and falsification was resorted to only to facilitate estafa Falsification If falsification is essential in the commission of estafa such that without falsification. estafa cannot be committed Other Falsities Usurpation of Authority Article 177 False pretense RA 10 With or without pretense Using Fictitious Name CA 142 (Regulating the Use of Aliases) §1.
manufacture 5. consuming. dealer or retailer who violates or fails to comply with maintenance/keeping Unnecessary Prescription of DD Practitioner Any person. produce. who shall possess or have under control any equipment. Delivery. dispatch in transit or transport 2. store. wholesaler. clandestine lab secured or protected with booby traps 4. or Meetings Any person found possessing any DD. DD administered. to inject. distribute. Administration. courier and messengers. financer 3. in the proximate company of at least two persons Possession of E. broker 3. 2nd – 6 years 1 day to 12 years and P50K to P200K Not applicable: if §11 (possession) is applicable Cultivation or Culture of Plants Classified as DD or are Sources Thereof 1. administering. apparatus and other paraphernalia for DD. chemical engineer. Apparatus and other Paraphernalia for DD §12 §13 Maintenanc e of Den. or in any other capacity directly connected to DD and/or CP and EC 3. manufacture. 3. pack. I. ingest. delivery. SG or M A person apprehended and arrested. Dive or Resort §7 Manufacture of DD and/or CP and EC §8 §17 * Prima Facie Proof of Manufacture: presence of any CP and EC or lab equipment in clandestine laboratory Aggravating Circumstances 1. cultivate. knowing. after confirmatory test 1. or culture 2. clandestine lab concealed with legit business operations 5. prepare. DD/CP and EC proximate cause of death of victim 1. trading. manufacturer. Distribution . protector/coddler Qualifying Circumstances 1. protector/coddler Qualifying Circumstances (Maximum Penalty) 1. cultivation/culture of plant sources Sale. sale. regardless of quantity and purity 1. importation 2.Book 2) Page 13 of 41 TITLE V: CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS Comprehensive Dangerous Drugs Act of 2002 (RA 9165) Crime Importation §4 1. Instrument. Dive or Resort §6 §14 Use of DD §15 §16 Employees and Visitors of Den. Any person who shall plant.Rose Rayco’s 2006 Bar Memory Aid (Criminal Law . business. Persons Punished/Elements importer/bringer of DD and/or CP and EC. test. social gathering or meeting. financier 3. unless authorized by law Financier Protector/coddler Possession of DD §11 Possession of Equipment. 1st offense – subject to 6 mos. importer. Employee who is aware of nature of the place as such 2. give away to another. injecting. employment of practitioner. A and other P for DD during P. process. unless authorized by law. use of minors or mentally incapacitated as runners. distributor. contain or conceal any DD and/or CP and EC 2. Dispensatio n. trade. Apparatus. ingesting or introducing any DD into the body Prima Facie Evidence of Use – possession Qualifying circumstance: §14 Possession of DD during Parties. Any person who is aware of the nature of the place as such and knowingly visits the same 1. etc. repack. conducted in presence or with help of minor(s) 2. delivered or sold to minor who is allowed to use the same in such place (maximum penalty) 2. convert. 2. unless authorized by law. inhale or otherwise introduce into the human body (lower penalty) Qualifying Circumstance * use of minor or mentally incapacitated to deliver Any person. Proximate cause of death (increased penalty) 1. dispensation. financier 4. church. unless authorized by law. or 2. or school premises 3. dispense. protector/coddler Qualifying circumstance: land part of public domain Maintenance and Keeping of Original Records of Transactions on DD and/or CP and EC Practitioner. deliver. during a party. compound. found positive for use of DD. within 100m from a school 2. 3. distribution. harvest. Maintainer. administration. possess with intent to deliver. Trading. regardless of quantity and purity financier protector/coddler Manufacture or Delivery of Equipment. Social Gatherings. transportation 3. 2. any person who shall sell. who shall possess DD in the required quantities. unless authorized by law §18 Unlawful Prescription of DD §19 Attempt or Conspiracy §26 §9 . Instrument. propagate. and other Paraphernali a for DD and/or CP and EC §10 Any person who shall deliver. Transportation §5 Qualifying Circumstance (Maximum Penalty) * Use of a diplomatic passport/facility or any other means involving official status intended to facilitate unlawful entry of the same 1. dive. analyze. resort where used 4. who shall make or issue a prescription or other writing purporting to be a prescription for any dangerous drug 1. Manufacturer. grow. instrument. public official or foreigner Illegal Chemical Diversion of CP and EC Illegal diverter (any person). within 100m of residential. regardless of degree of purity Qualifying circumstance: §13 Any person. to plant. Rehabilitation 2. cultivate. administer. unless authorized by law. owner and/or operator * requires intent to use property for such purpose 2. maintenance of den. or manufacture with intent to deliver equipment. or under circumstances where one reasonably should know that it will be used 1. victim is a minor or mentally incapacitated 4. fit or intended for smoking.
g. Possession of DD during parties. Penalties under SPL revived (e. arising in a person following administration or use of that drug on a periodic or continuous basis Use – refers to act of injecting. smoking. Failure to maintain and keep original records or transactions on DD and/or CP and EP c. Illegal chemical diversion of controlled precursors and essential chemicals b. Misappropriation. and (2) violation is punished with LI to Death * treated as crime punishable under RPC in ISL b. dive. Such rights are also suspended during pendency of appeal from conviction 2. elective local or national official who benefited from proceeds of trafficking or received any financial or material contributions or donations Any person planting DD. Paraphernalia and/or Lab Equipment including proceeds or properties obtained form unlawful act committed 2. effects or in the immediate vicinity of an innocent individual for the purpose of implicating. drinking. provided: (1) offender is a minor. has violated CDDA in order to prevent arrest. Misappropriation. Refusal of members of law enforcement agencies or any gov’t official/employee to testify as prosecution witness in DD cases j. swallowing. raises or supplies money for. Attempt or conspiracy to commit any of the ff: 1) importation 2) sale. Penalty is no longer based on quantity involved Except in case of POSSESSION c. Delay and Bungling in Prosecution of drug cases Qualifying/Aggravating Circumstances a. resort where used 4) manufacture 5) cultivation/culture of plant sources d. or otherwise introducing into the physiological system of the body. Protector/Coddler – any person who knowingly and willfully consents to unlawful acts and uses his influence. placing or adding or attaching directly or indirectly. misapplication or failure to account for confiscated. thru any over or covert act. harboring. this does not apply to a person who “occasionally uses” the drug. Financier – any person who pays for. tool. Planting f. Significant Changes 1.Book 2) Page 14 of 41 Criminal Liability of Public Officer or Employee §27 1. Issuance of false/fraudulent drug test results h. distribution. power or position in shielding. delivery. Penalties a. administration. social gatherings or meetings – aggravating in §11 c. etc. life imprisonment) and the nomenclature of RPC were deleted from law Except: MINOR OFFENDERS – imposable penalty will become RP to Death. Instruments. Violation of any regulation issued by DD Board g. house. prosecution and conviction of violator 4. e. New Offenses a. crime committed under influence of drugs – qualifying circumstance and rules under RPC apply b. plant sources of DD. Possession of equipment. sniffing. screening or facilitating the escape of any person he knows or has reasonable grounds to believe or suspects. either by chewing. or underwrites any of the illegal activities prescribed under the Act b. Use of dangerous drugs now has a graduated penalty d. regardless of quantity and purity (punishable by DEATH) Violation of any Regulation issued by Board Issuance of False or Fraudulent Drug Test Results Person authorized. or of consuming. with or without consideration (necessarily involves knowledge otherwise not liable) Screening Test – rapid test performed to establish potential/presumptive positive result Confirmatory Test – analytical test using a device.Rose Rayco’s 2006 Bar Memory Aid (Criminal Law . during parties. New Offenders a. CP and EC. as it is not the same as “drug dependence” Delivery – person’s act of knowingly passing a dangerous drug to another personally or otherwise. Violation of confidentiality of records i. transportation 3) maintenance of den. social gatherings or meetings – aggravating in §12 Nature of Violations Malum prohibitum Definitions Drug Dependence – state of psychic or physical dependence or both. dispensation. or equipment with a different chemical or physical principal that is more specific which will validate and confirm result of the screening text Drug Syndicate – organized group of 2 or more persons forming or joining together with intention of committing any offense proscribed under this act Planting of Evidence – will act of maliciously and surreptitiously inserting. and by any means. on a DD. seized and/or surrendered DD. intravenously or intramuscularly. eating. incriminating or imputing the commission of any violation of this act Prohibited Quantities . Classification of Drugs – now “Dangerous Drugs” and “Controlled Precursors and Essential Chemicals” 3. trading. whatever quantity of any DD and/or CP and EC in person. licensed or accredited who issues knowingly or willfully or thru gross negligence Planting Evidence §28 §32 §37 5. misapplication or failure by a public officer/employee to account etc. any of the dangerous drugs * a drug dependent is not criminally liable for violation of §15 (Use). Accessory penalties.
trustee. 6. shall be confined for rehabilitation suspension of proceedings and transmittal of record to Board: if drug dependent and offense charged is less than 6 years and 1 day if rehabilitated: returned to court and prosecution shall be instituted or shall continue. complied with rules and regulations of center. regardless of penalty imposed by court (§24) positive finding for the use of DD shall be a qualifying aggravating circumstance and the application of the penalty provided for in RPC shall be applicable (§25) attempt or conspiracy in certain acts are punishable (§26) if committed by government officials and employees: qualifying circumstance in all unlawful acts (§28) if committed by partnership. upon petition by Board or any person authorized by board. probation or community service – first timer 3. community Compulsory Confinement drug dependent. no record of escape from center. (§30) if committed by alien: deported immediately unless penalty is death (§31) immunity from prosecution/punishment – any person who has violated §§7.Rose Rayco’s 2006 Bar Memory Aid (Criminal Law . 8. manager. in case of conviction: full credit of period in rehabilitation if he was in good behavior if rehabilitation and offense is under §15 and accused not a recidivist: penalty deemed served in rehabilitation upon release therefrom Prescription prescription of offense does not run while under rehabilitation Actions Taken Upon Minor Drug Violator 1. etc. if convicted. SPL 2) not been previously committed to rehabilitation Certain Provisions plea-bargaining not allowed (§23) probation law not allowed for drug trafficking or pushing. etc. association or other juridical entity: partner. 13 and 16 as well as any violation of offenses mentioned if committed by drug syndicate. 15. DDA. suspended sentence – first timer 2. by himself/herself or thru his/her parent. service of sentence as any other convicted person – if violation of conditions of suspended sentence or rules and regulations Suspension of Sentence of First Time Minor Offender over 15 at the time of commission but not more than 18 at the time when judgment should have been promulgated conditions: 1) not previously convicted under CDDA. identities and arrest of such members. as instrument in importation. or any information of whereabouts. never been charged or convicted under CDDA. entitled to credit of period of confinement in rehabilitation Exemption from Criminal Liability under Voluntary Submission 1. and who willingly testifies (§33) accessory penalties (§35) Drug Rehabilitation . estate administrator or officer who consents to or knowingly tolerates violation (co-principal) (§30) or use of vehicle.Book 2) Page 15 of 41 Drug Opium Morphine Heroin Cocaine Shabu Marijuana Resin or Resin Oil Marijuana Other DD Shabu Marijuana Other DD Marijuana Other DD Quantity 10 grams or more 10 grams or more 10 grams or more 10 grams or more 50 grams or more 10 grams or more 500 grams or more 10 grams or more 10 grams or more but less than 50 grams 300 grams or more but less than 500 grams 5 grams or more but less than 10 grams Less than 300 grams Less than 5 grams LI to Death and P500K to P10M LI to Death and P500K to P10M LI to Death and P500K to P10M LI to Death and P500K to P10M LI to Death and P500K to P10M LI to Death and P500K to P10M LI to Death and P500K to P10M LI to Death and P500K to P10M LI and P400K to P500K 20 years 1 day to LI and P400K to P500K 20 years 1 day to LI and P400K to P500K 12 years 1 day to 20 years and P300K to P400K 12 years 1 day to 20 years and P300K to P400K Voluntary Submission drug dependent who violated §15 may. family. 5. But not exceeding 1 year if rehabilitated and exempt: see requirements below if rehabilitated but not exempted from liability: charged under CDDA but placed on probation and undergo community service in lieu of imprisonment and/or fine if not rehabilitated after 2nd commitment: charged with violation of §15. poses no serious danger to self. RPC. 11. 14. president. spouse. corporation. guardian or relative within 4th degree of consanguinity or affinity apply to Board for treatment and rehabilitation not less than 6 mos. 10. 19 who voluntarily gives information about any violation of §§4. director. unless he did escape but surrendered within 1 week 4. DDA of 1972. applicable rules and regulations of board 2. RPC or any SPL 3. 12.
Rose Rayco’s 2006 Bar Memory Aid (Criminal Law .Book 2) Page 16 of 41 3) Board favorably recommends suspension of sentence 4) may be availed of only once under 15 – PD 603 Limited Applicability of RPC GR: RPC not applicable Except: minor offenders – penalty imposable is RP to death if penalty prescribed is LI to death .
which are proscribed by virtue hereof 4. shall be found loitering in any inhabited or uninhabited place belonging to another without any lawful or justifiable purpose 5. acts. The highly scandalous conduct is not expressly falling within any other article of this Code 4. Those who shall sell. acts. who has physical ability to work and who neglects to apply himself to some lawful calling 2. Any person having no apparent means of subsistence. Authors of obscene literature. Any idle or dissolute person who lodges in houses of ill-fame. not just motion pictures Malum in se Vagrancy Variant Crimes in Loitering Vagrancy Trespass Property to If estate is not enclosed or fenced. not being included in the provision of other articles of this Code. published with their knowledge in any form.Rose Rayco’s 2006 Bar Memory Aid (Criminal Law . Thos who. Any person found loitering about public or semi-public buildings or places. have given rise to public scandal to persons who have accidentally witnessed the same must be directed against sense of decency. scenes. it being understood that the obscene literature or indecent or immoral lays. Gambling and Betting Grave Scandal Immoral Doctrines and Indecent Shows Vagrants and Prostitutes Crime 200 Grave Scandal 1. having been committed publicly. Obscene Publications and Exhibitions. etc. which are offensive to morals Vagrants: 1. not property committed in public place or in public view Immoral Doctrines . etc. delicacy RA 3060 Public exhibition of motion picture not previously passed by Board of Censors Malum prohibitum Article 201 Public showing of indecent or immoral plays. or shows. whether in live or in file. in theaters. exhibit indecent or immoral plays. scenes. Those who shall publicly expound or proclaim doctrines openly contrary to public morals 2. for money or profit. cinematographs. Act or acts complained of be committed in a public place or within the public knowledge or view Publicity is essential Those Liable: 1. etc. Any person who. and the owners/operators of the establishment selling the same 3. Prostitute – a woman who. 2.Book 2) Page 17 of 41 TITLE VI: CRIMES AGAINST PUBLIC MORALS 1. because privacy is not maintained in such case Estate or premises is uninhabited and there is manifest prohibition of the owner or overseer against entry Person enters fenced or enclosed estate without consent of owner or overseer to hunt. Elements Offender performs an act(s) Auch act(s) be highly scandalous as offending against decency or good customs 3. or exhibit films. etc. decency. or tramping or wandering about the country or the streets without visible means of support 3. prints. give away. fish or gather plant products 201 Immoral Doctrines. 2. 4. and Indecent Shows Theft (Attempted. fairs. 3. ruffians or pimps and those who habitually associate with prostitutes 4. sculptors.. the editors publishing such literature. Frustrated or Consummated) 202 Vagrants and Prostitutes Grave Scandal consists of acts which are offensive to decency and good customs which. habitually indulge in sexual intercourse or lascivious conduct Moral – conformity with the generally accepted standards of goodness or rightness in conduct or character Obscene – something offensive to chastity. engravings.
from doing something which is his official duty to 209 Betrayal of Trust by an Attorney or Solicitor 214 Other Frauds 215 Prohibited Transactions 216 Possession of Prohibited Interest by a Public Officer 210 Direct Bribery . in consideration of any offer. Public officer entrusted with law enforcement 2. 8. 2. By revealing any of the secrets of his client learned by him in his professional capacity 3. Within the territory subject to his jurisdiction 4. 315-318) 1. Such are made under circumstances that will make public officer liable for direct or indirect bribery Acts Punishable: 1. Offender be public officer 2. but the act must be unjust c. or b. in consideration of gift or promise Elements: 1. Commits any of the frauds or deceits (arts.Book 2) Page 18 of 41 TITLE VII: CRIMES COMMITTED BY PUBLIC OFFICERS 1. Renders a judgment Judgment is manifestly unjust Due to his inexcusable negligence or ignorance That the offender is a judge. 3 and 4 (above in Acts Punishable as Frauds Against Public Treasury) Elements of the Crime: 1. 2. arbitrators. offenses 2. Appointive public officer 2. 4. in connection with the performance of his official duty 3. Accused had intent to defraud the government Elements of Illegal Exaction: 1. 4. 3. 2. He becomes interested. 3. 2. That he performs any of the following acts: a. Malfeasance and Misfeasance Bribery Frauds and Illegal Exactions and Transactions Malversation of Public Funds and Property infidelity in the Custody of Prisoners Infidelity in the Custody of Documents Revelation of Secrets Other offenses or Irregularities by public officers Crime 204 Knowingly Rendering Unjust Judgment 205 Rendering Judgment Thru Negligence 206 Rendering Unjust Interlocutor y Order 207 Malicious Delay in the Admin of Justice 208 Dereliction of Duty in Prosecution of Offenses 1. after having undertaken the defense of said first client or after having received confidential information from said client Acts Punishable in Direct Bribery: 1. that is. He takes advantage of his official position 3. Offender accepts an offer or a promise or receives a gift or present by himself or thru another 3. Taken advantage of his office. 2. knowingly renders unjust interlocutory order or decree. Demanding an amount different from what the law authorizes to be collected 3. 7. either (a) by any malicious breach of professional duty. By agreeing to refrain. Maliciously tolerating the commission of offenses Elements: 1. Gifts are offered to him by reason of his office 1. took part in any contract or transaction connected with the estate or property in the appraisal. Offender is a public officer 2. 2. Offender refrains in consideration of any promise. or gift or present received by the public officer: a. he does not cause the prosecution of the criminal or knowing that a crime is about to be committed. directly or indirectly. licenses. Public officer who. He is guilty of acts 2. Offender offers or promises or gives gifts or presents to a public officer 2. gift or present 1. 1. 1. distribution or adjudication of which they had acted 211 Indirect Bribery 211-A Qualified Bribery 212 Corruption of Public Officials 213 Frauds Against the Public Treasury and Similar Offenses 1. 5. By causing damage to his client. By undertaking the defense of the opposing party in the same case. renders manifestly unjust interlocutory order or decree thru inexcusable negligence or ignorance That the offender is a judge That there is a proceeding in his court That he delays the administration of justice That the delay is malicious do. He accepts gifts 3. Acts Punishable: 1. 3. Renders a judgment Judgment is unjust Judge knows that his judgment is unjust Offender is a judge. Offender is a public officer 2. fees and other imposts 2. to refrain from doing something which it is his official duty to do 4. Offender is a public officer 2. 4. The offender is a public officer entrusted with the collection of taxes. gift or present – and act constituting a crime. Crime or act which the offender agrees to perform or which he executes be connected with the performance of his official duties 1. or b. Elements Offender is a judge. By accepting a gift in consideration of the execution of an act which does not constitute a crime. directly or indirectly. Dereliction of duties – knowing the commission of the crime. Experts. he tolerates its commission Acts Punished: 1. 6. Offender is a public officer who has a duty to cause the prosecution of. Maliciously refraining from institution prosecution against violators of the law 2.Rose Rayco’s 2006 Bar Memory Aid (Criminal Law . promise. Collection of the nature of payment different from that required Elements of Frauds against Public Treasury: 1. became interested in any contract or business in which it was his official duty to intervene. in connection with the performance of his official duties 2. in any transaction of exchange or speculation 3. During his incumbency People Liable for Possession of Prohibited Interest: 1. or by refraining. with a view to committing some crime. or by performing. in like manner. Such offer or promise be accepted. 3. in consideration of the execution of an act which does not constitute a crime. Entered into said agreement 4. 4. and private accountants who. (b) by inexcusable negligence or ignorance 2. he intervened in the transaction in his official capacity 3. Voluntary failure to issue receipt 4. Frauds against public treasury 2. Offender refrains from arresting or prosecuting an offender who has committed a crime punishable by RP and/or death 3. without the consent of his first client. By agreeing to perform. or to prosecute.
He fails to make the payment maliciously Private Individuals who may be Liable (arts. By appropriating public funds or property 2. permitting another to take funds or property 4. in any capacity whatever. Concealment or Destruction of Documents 227 Officer Breaking Seal 228 Opening of Closed Documents 229 Revelation of Secrets by an Officer 219 Failure to Render Accounts before Leaving the Country 220 Illegal Use of Public Funds or Property 221 Failure to Make Delivery of Public Funds or Property 222 Officers Included in the Preceding Provisions 230 Public Officer Revealing Secrets of Private Individual 231 Open Disobedience 223 Conniving with or Consenting to Evasion 4. provincial or municipal funds. Said documents/papers entrusted to such public officer by means of his office 4. or to a provincial auditor 4. to a third party or to the public interest should have been caused 1. Unlawfully left (or be on the point of leaving) RP without securing from COA a certificate showing that his accounts have been finally settled 1. Accountable public funds/property 4. thru abandonment or negligence. Offender is a public officer 2. Required by law or regulation to render accounts to the COA. That offender is a public officer 2. Offender be a public officer He abstracts.Rose Rayco’s 2006 Bar Memory Aid (Criminal Law . Such prisoner escaped from his custody 4. Damage be caused to public interest 1. By taking or misappropriating the same 3. destroys. Offender be a public officer 2. That the offender is a judicial or executive officer That there is a judgment. He applies the same to a public use other than that for which such has been appropriated Acts Punishable: 1. Sentenced by final judgment 2. Revelation without authority or justifiable reasons 4. or that the escape takes place thru his negligence 1. By refusing to make delivery by a public officer who had been ordered by competent authority to deliver any property in his custody or under his administration Elements of Failure to Make Payment: 1. Damage be caused to public interest Elements of No. Offender is a public officer 2. Administrator or depository of funds or property. Guardians and executors with respect to the property belonging to their wards or estate escape Classes of Prisoners Involved: 1. whether in the service or separated therefrom 2. Custody or control of funds or property by reason of the duties of his office 3. decision or order was made within the scope of the jurisdiction of the superior authority and issued with all legal formalities That the offender without any legal justification openly refuses to execute the said judgment. Charged with conveyance or custody of a prisoner (detention prisoner or prisoner by final judgment) 3. By consenting. Appropriated. Accountable officer for public funds or property 3. Prisoner or person under arrest escapes 4. Offender is a public officer 2. Offender is a public officer. Under obligation to make payment from funds 3. He reveals secrets without authority or justifiable reason 1. or objects are entrusted to his custody 3. 2. papers 3. Offender consents to escape. Accountable officer for public funds or property 3. . Private individuals who. Offender is a public officer 2. Papers or property are sealed by proper authority 4. Offender is a public officer 2. whether serious or not. conceals documents. Public officer has gov’t funds in his possession 2. He knows of the secrets of a private individual by reason of his office 3. By being otherwise guilty of the misappropriation or malversation of such funds or property Elements Common to All Acts of Malversation: 1. Papers should not be published 3. permitted another person to take them 1. decision or order. Offender is a public officer 2. Offender is public officer who has charge of papers 2. Failure to do so for a period of 2 months after such accounts should be rendered 1. He knows a secret by reason of his official capacity 3. took. Conveyance or custody of prisoner or person under arrest is confided to him 3. Detention Prisoner – no liability 1. seized or deposited by public authority. which he is duty bound to obey 217 Malversatio n of Public Funds or Property Acts Punishable in Malversation: 1. Breaks the seals or permits them to be broken 1. either detention prisoner or prisoner by final judgment 3. have charge of any national. 3. He had in his custody or charge. documents or objects 4. In connivance with prisoner in the latter’s 224 Evasion Through Negligence 218 Failure of Accountable Officer to Render Accounts 225 Escape of Prisoner under the Custody of a Person not a Public Officer 226 Removal. That any closed papers. Damage. Public fund or property under his administration 3. or thru abandonment or negligence. revenue. or property 2. Detention prisoner 1. 2: 1. a prisoner. Delivers papers or copies thereof to a 3rd person 4. That he opens or permits to be opened said closed papers. Charged with the custody of papers or property 3. By failing to make payment by public officer who is under obligation to make such payment from Government funds in his possession 2. 2. decision or order of a superior authority That such judgment. 217221): 1. Such prisoner escapes thru his negligence Liability of Escaping Prisoner: 1. misappropriated or consented or. That he does not have proper authority Elements of No. Delivery is wrongful 5. That the offender is a public officer 2. 1: 1. documents.Book 2) Page 19 of 41 3. attached. Such has been appropriated by law or ordinance 4. Convict by reason of final judgment – Article 157 2. Offender is a private person 2. even if such property belongs to private individual 1.
Interested in matters pending before the offender for decision. That the offender is an officer of the executive branch of the government 2. 2. Taking part in the performance of public functions in the Government. That the offender is a executive or judicial officer 2. imposition of punishments not authorized by the regulations. daughter. and Chapter One of Title 3 of Book 2 (Crimes against National Security and Law of Nations and Crimes against Public Order) 1. by popular election d. and 2. either by election or appointment LAW requires that he should first be sworn in and/or should first give a bond Assumes performance of duties and powers He has not taken oath and/or given bond required Offender is holding a public office Period provided by law. which is not yet decided Lawfully required to refrain from continuing That the offender is an executive officer That he addressed any order or suggestion to any judicial authority That the order or suggestion relates to any case or business coming within the exclusive jurisdiction of the courts of justice Offender is a public officer He nominates or appoints a person to public office Person lacks the legal qualifications therefore Offender knows that his nominee or appointee lacks the qualifications at the time he made the nomination or appointment Offender is a public officer Solicits or makes immoral or indecent advances to a woman That such woman must be: a. The wife. 2. 1. 2. or obstructs the executive authorities in the lawful exercise of their powers 1. 3. 1. or with respect to which he is required to submit a report to or consult with a superior officer. or obstructs the execution of any order or decision rendered by any judge within his jurisdiction Public Officers 1. 1. or c. agent or subordinate official.Book 2) Page 20 of 41 232 Disobedienc e to Order of Superior Officer. 208) Distinguished from Bribery: 1. inflicting authorized punishments in a cruel and humiliating manner b. That his authority to take part in the performance of public functions or to perform public duties must be: b. or c. or suspends the execution thereof 1. 4. 3. 1. 237 Prolonging Performance of Duties and Powers 238 Abandonment of Office or Position 239 Usurpation of Legislative Powers 240 Usurpation of Executive Functions 241 Usurpation of Judicial Functions Qualifying Circumstance: if done in order to evade discharge of duties of preventing. or attempts to repeal a law. That the offender is a public officer That a competent authority demands from the offender that he land his cooperation towards the administration of justice or other public service That the offender fails to do so maliciously Offender is elected by popular election Refuses to be sworn in or to discharge duties No legal motive for such refusal to be sworn in or to discharge the duties of said office Offender is a public officer or employee Has under his charge prisoner / detention prisoner Maltreats such prisoner in either of the ff manners: a. sister or relative within the same degree by affinity of the person in the custody of the offender 1. by appointment by competent authority Malfeasance and Misfeasance Misfeasance – improper performance of some act which might lawfully be done Malfeasance – performance of an act which ought NOT to be done Nonfeasance – omission of some act which ought to be performed Bribery Prevaricacion (Art. of any rank or class. 3. Offender is a public officer Proceeding is pending before public officer Question is brought before the proper authority regarding his jurisdiction. 2. or performing in said Government or in any of its branches public duties as an employee. That the offender is a judge 2. prosecuting or punishing any of the crimes falling within Title One. 3. regulations or special provisions for holding such office. overdoing correction or handling either – i. 3. 3. 2. has expired Continues to exercise duties and powers Offender is a public officer Formally resigns from his position Resignation has not yet been accepted Abandons his office to detriment of public service 1. Under the custody of the offender who is a warden or other public officer directly charged with the care and custody of prisoners or persons under arrest. 2. 5. In bribery. 2. 3. 1. That he makes general rules or regulations beyond the scope of his authority. 4. 1. or ii. 2. 4. or b. 2. Both are committed by refraining doing something which pertains to the official duty of the officer 2. 4. That he assumes judicial powers. by direct provision of the law. Maltreating prisoner to extort a confession or to obtain some information from the prisoner Offender is entitled to hold a public office or employment. 245 Abuses Against Chastity 236 Anticipation of Duties of Public Office 1.Rose Rayco’s 2006 Bar Memory Aid (Criminal Law . Offender is a public officer Order is issued by his superior for execution He has for any reason suspended the execution of such order His superior disapproves the suspension Offender disobeys his superior despite the disapproval of the suspension 242 Disobeying Request for Disqualifica tion 243 Orders or Requests by Executive Officer to any Judicial Authority 244 Unlawful Appointments 1. 4. 3. 2. 3. That he assumes a power pertaining to the executive authorities. When Said Order was Suspended by Inferior Officer 233 Refusal of Assistance 1. 3. the offender refrained from doing his official duty in consideration of a gift received or . 234 Refusal to Discharge Elective Office 235 Maltreatment of Prisoners 3. 2.
because of the gift or promise Mere agreement consummates Indirect Bribery no agreement it is NOT necessary that the officer should do any particular act or even promise to do any act. in addition to crime brought about by act There can be attempted corruption if public officer refused to be corrupted Qualified Bribery Penalty must be RP or death or RP to death. and 2. crime is dereliction of duties Frauds and Illegal Exactions and Transactions Illegal Exaction If illegal amount is receipted: additional offense of malversation Not applicable to BIR and customs officers Malversation of Public Funds or Property To be guilty. Papers do not contain Secrets – Infidelity Infidelity in Custody of Document distinguished from Malversation and Falsification Malversation and Falsification – when postmaster received money orders. correctness and regularity of audit findings and the fact that funds are missing is indubitably established Infidelity of Public Officers Revelation Distinguished from Infidelity: 1. crime is estafa Presumption of Malversation Rule: when demand is made to account for funds and the same is not forthcoming Provided: no issue as to accuracy. while in crime of prevaricacion this element is NOT necessary Direct Bribery Distinguished from Indirect Bribery Direct Bribery agreement offender agrees to perform or performs an act or refrains from doing something. as it is enough that he accepts gifts offered Acceptance consummates crime Crimes Committed when Act Constitutes a Crime and was Accomplished direct bribery. public officer must have: 1. Obligation to account for them to the government * accountable officer – otherwise. Papers contain Secrets – revelation 2. and MO are not sent to addressees. if not. Official custody of public funds or property or the duty to collect or receive funds due the government. collected and appropriated the respective amounts Infidelity in Custody of Papers – when postmaster receives letters/envelopes containing money orders. the postmaster cashing the same for his own benefit .Book 2) Page 21 of 41 promised.Rose Rayco’s 2006 Bar Memory Aid (Criminal Law . signed as payee.
15. Cruelty or outraging/scoffing at person or corpse 1. Parricide Murder Homicide Death Caused in a Tumultous Affray Physical Injuries Inflicted in a Tumultous Affray Giving Assistance to Suicide Discharge of Firearms Infanticide Intentional Abortion Unintentional Abortion Abortion practiced by Woman Herself or her Parents Abortion Practiced by Physician or Midwife and Dispensing of Abortives Duel Challenging to a Duel Mutilation Serious Physical Injuries Administering Injurious Substances or Beverages Less Serious Physical Injuries Slight Physical Injuries and Maltreatment Rape Crime 246 Parricide 1. That a person is killed 2. Tumultuous affray 2. the fetus dies. That there is a pregnant woman 2. Killing without justifying circumstances 3. Offender discharges a firearm against or at another person 2. That the abortion is intended 3. in the act of committing sexual intercourse with another person That he or she kills any or both. Inundation. 20. or earthquake. By lending his assistance to another to commit suicide to the extend of doing the killing himself 1. 18. 8. 7. 2. That as a result. stranding of vessel. which is presumed 4. That the accused killed him 3. taking advantage of superior strength. Child was less than 3 days (72 hours) of age 3. Killing was not attended by any of the qualifying circumstances of murder. mother. 5. whether the suicide is consummated or not 2. either in the womb or after having been expelled therefrom 1. 253 Giving Assistance to Suicide 254 Discharge of Firearms 255 Infanticide 256 Intentional Abortion 2.Rose Rayco’s 2006 Bar Memory Aid (Criminal Law . whether legitimate or illegitimate. Committed under exceptional circumstances 1. Several persons quarreled and assaulted one another in a confused and tumultuous manner 4. That violence is used upon such pregnant woman without intending an abortion 3. That as a result. That there is a pregnant woman 2. That the abortion is intended 1. 9. provided ff circumstances are present: 1. with the consent of the pregnant woman Elements: 1. Accused had intention to kill. or Means to weaken defense. or the legitimate spouse. the latter under 18 years of age and living with him. Using any violence upon pregnant woman 2. or a legitimate other ascendant or other descendent. Acting without violence. Participant(s) suffer serious physical injuries or physical injuries of a less serious nature only 3. 3. 17. reward or promise 3. 248 Murder Parricide is not punished with RP to Death: 1. or that he or she had not consented to the infidelity of the other spouse or any other means involving great waste and ruin 4. motor vehicles. 4. That a person was killed 2. 19. Person(s) who inflicted serious physical injuries or who used violence can be identified 1. Unascertained who actually killed deceased 6. 2. Accused killed the said child Ways of Committing Intentional Abortion: 1. or means/persons to insure/afford impunity 2. In consideration of a price. The killing is not parricide or infanticide Murder – unlawful killing of any person which is NOT parricide or infanticide. 3. Parricide committed thru negligence (Article 365) 2. fire. Treachery. That the abortion is caused by: a. shipwreck. 14. 3. the fetus dies. 10. 12. Offender has no intention to kill that person 1. That the violence is intentionally exerted 4. Acting (by administering drugs or beverages). Evident premeditation 6. volcanic eruption. or by that of parricide or infanticide 1. By assisting another to commit suicide. That there be several persons 2. any other person. or child. Aid of armed men. 257 Unintentional Abortion 258 Abortion Practiced by the Woman Herself or by her . 13. with her consent 249 Homicide 251 Death Caused in Tumultuous Affray 252 Physical Injuries Caused in Tumultuous Affray 247 Death or Physical Injuries Inflicted Under Exceptional Circumstances 1. of the accused That a legally married person or a parent surprises his spouse or his daughter. Elements That a person is killed That the deceased is killed by the accused That the deceased is the father. or that the accused otherwise acts upon such pregnant woman 3. poison. great waste and ruin 5. derailment or assault upon a railroad. On occasion of any of the calamities enumerated in the preceding paragraph. of them or inflicts upon any or both of them any serious physical injury in the act or immediately thereafter That he has not promoted/facilitated prostitution of his wife or daughter. 6.Book 2) Page 22 of 41 TITLE VIII: CRIMES AGAINST PERSONS 1. Person responsible therefore cannot be identified 4. destructive cyclone. 16. That violence is exerted. Pregnant woman who has suffered an abortion 2. fall of airship. or drugs or beverages administered. That all those who appear to have used violence upon the person of the offended party are known Acts Punishable as Giving Assistance to Suicide: 1. That the killing was attended by any of the qualifying circumstances mentioned in Article 248 4. the pregnant woman herself b. Committed by mistake (Article 249) 3. explosion. without the consent of the woman (by administering drugs or beverages upon such pregnant woman without her consent) 3. either in the womb or after having been expelled therefrom 4. Do not compose groups organized for assaulting and attacking each other reciprocally 3. Child was killed 2. 11. That someone was killed in the course of the affray 5.
Other than less serious physical injuries and Incapacitated for labor for 10 days or more. or assists in causing. Offender knows that he is afflicted with HIV/AIDS or any other STD and the virus or disease is transmitted to the victim.Rose Rayco’s 2006 Bar Memory Aid (Criminal Law . parent. to deprive the offended party of some essential organ for reproduction 2. Such act is accomplished under any of the ff circumstance: a. or required medical attendance during the same period 2. the abortion 4. By making a combat although no physical injuries have been inflicted Acts Punished under this Article: 1. That the abortion is intended 3. ascendant. who must be a physician or midwife. manifest intent to insult or offend victim b.Book 2) Page 23 of 41 Parents c. That he had no intent to kill 260 Duel 266 Slight Physical Injuries and Maltreatment 261 Challenging to Duel 266-A Rape 266-B Penalties 262 Mutilation Qualified Less Serious Physical Injuries 1. guardian. or b. That said physician or midwife takes advantage of his or her scientific knowledge or skill Elements for Pharmacists: 1. any of the children or other relatives within the 3rd civil degree of consanguinity 5. causes. the offender’s parents. Ill-treatment of another by deed without causing any injury Paragraph 1: 1. provided the crime is not direct assault Kinds of Slight Physical Injuries: 1. when the woman is under 12 years of age or demented Paragraph 2: 1. Intentionally mutilating another by depriving him. in consequence of the physical injuries inflicted. by using force or intimidation. an arm. Physical injuries which did not prevent the offended party from engaging in his habitual work or which did not require medical attendance 3. By scoffing at or decrying another publicly for having refused to accept a challenge to fight a duel 1. That the offender inflicted upon another any serious physical injury 2. by means of fraudulent machination or grave abuse of authority. or d. impotent or blind in consequence of the physical injuries inflicted. a foot. a hand. or b. When the injured person becomes insane. That the offender is a pharmacist 2. 2. 4. Paragraph 2: a. By killing one’s adversary in duel 2. either totally or partially. 2. or common-law spouse of the parent of victim 3. other than essential organ for reproduction) to deprive him of that part of his body. when the woman is deprived of reason or otherwise unconscious. That the act of sexual assault is committed by any of the following means: a. That the sexual act is accomplished under the circumstances mentioned in paragraph 1 Reclusion Perpetua to Death 1. No proper prescription from a physician 3. relative by consanguinity or affinity within 3rd civil degree. By reason or on occasion of the rape. When the injured person becomes ill or incapacitated for labor for more than 30 days (but must not be more than 90 days). 7. a homicide is committed 2. or a leg. Victim is under 18 and offender is parent. as a result of the physical injuries inflicted. circumstances adding ignominy to offense 2. imbecile. Offender commits an act of sexual assault 2. 263 Serious Physical Injuries 264 Administering Injurious Substances or Beverages . Intentionally making other mutilation (by lopping or clipping off any part of the body of the offended party. for the purpose of concealing her dishonor 265 Less Serious Physical Injuries 1. Offender had carnal knowledge of a woman 3. Offender is a man 2. Serious Physical Injuries: 1. Physical injuries which incapacitated the offended party for labor from 1 to 9 days. 1. Mutilation caused purposely or deliberately. or c. Paragraph 3: a. Castration (mutilation of organs necessary for generation such as a penis or ovarium) b. That the offender. Victim is a religious engaged in legitimate religious vocation or calling and is personally known to be such by the offender before or at the time of the commission of the crime 6. Inciting another to give or accept challenge to duel 3. guardians. By inflicting upon such adversary physical injuries 3. by inserting any instrument or object into the genital or anal orifice of another person 3. or (c) becomes incapacitated for the work in which we were theretofore habitually engaged. 3. or loses an eye. by inserting his penis into another person’s mouth or anal orifice. with her consent. curators or teachers b. or (c) loses the use thereof. That it was done by knowingly administering to him any injurious substance or beverages or by taking advantage of his weakness of mine or credulity 3. When the person injured (a) becomes deformed. that is. Pregnant woman who has suffered an abortion 2. Challenging another to a duel 2. or (d) becomes ill or incapacitated for the performance of the work in which he was habitually engaged for more than 90 days. Rape is committed in full view of the husband. or (b) loses any other member of his body. victim has become insane Death Penalty 1. Victim is a child below 7 years of age. or (b) loses the use of any such member. When the injured person (a) loses the use of speech or the power to hear or to smell. in consequence of the physical injuries inflicted. Victim is under custody of the police or military authorities or any law enforcement or penal institution 4. That the offender dispenses any abortive Acts Punishable in Duel: 1. use of deadly weapon or by 2 or more persons 2. or shall require medical attendance for the same period 259 Abortion Practiced by a Physician or Midwife and Dispensing of Abortives Elements for Physician or Midwife 1. stepparent. persons of rank or persons in authority. ascendants. of some essential organ for reproduction a. any of her parents.
leg Incapacitated for work for which habitually engaged Deformation Lost any other part of body or use thereof Illness or incapacity for work habitually engaged for period of more than 90 days Injuries caused illness or incapacity for labor for more than 30 days not more than 90 Less Serious Slight Incapacitated for labor for 10 days or more but not more than 30 days Incapacitated for labor from 1 to nine days or medical attendance for same period Do not prevent him from engaging in habitual work nor require medical . the subsequent forgiveness by the wife as the offended party shall extinguish the criminal action or the penalty Any physical overt act manifesting resistance against the act of rape in any degree from the offended party. or Infanticide Victim is already a person Umbilical cord is already cut and infant is still alive Intra-uterine life of less than 7 mos. and killed after 24 hours 9. Pugay) Homicide Homicide – unlawful killing of any person. arm. the victim has suffered permanent physical mutilation or disability Offender knew of the pregnancy of the offended party at the time of the commission of the crime Offender knew of the mental disability. all the persons who used violence upon the person of the victim are liable. and without homicidal intent Corpus Delicti – actual commission of the crime charged. Murder. or a stranger Abortion Fetus is still drawing life from mother Umbilical cord not yet cut. In case it is the legal husband who is the offender. smelling Loss of eye. hand. or both combatants in any other case. as accomplices Physical Injuries Murder Use of Fire Separate crimes of Homicide and Arson Murder Arson aggravated by Homicide Homicide To conceal killing As a means to kill Burn a house but there was a person who was killed Resorted to as a joke (Ppl v. hearing. means that the crime was actually perpetrated. 266-D Presumptions 1. imbecility. as principles 2. If it is not known who inflicted the serious physical injuries on the deceased. who makes the selection of arms and fix all other conditions of the fight Persons Liable in Duel: 1. 11. 2. emotional disorder and/or physical handicap of the offended party at the time of the commission of the crime Subsequent valid marriage between the offender and the offended party shall extinguish the criminal action or the penalty imposed. or Where the offended party is so situated as to render him/her incapable of giving consent Tumultuous Affray – the disturbance is caused by more than three persons who are armed or are provided with means of violence Persons Liable for Death in Tumultuous Affray: 1. Committed by any member of AFP or paramilitary units thereof or the PNP or any law enforcement agency or penal institution. Person(s) who inflicted the serious physical injuries 2.Rose Rayco’s 2006 Bar Memory Aid (Criminal Law . Person who killed or inflicted physical injuries upon his adversary. 266-C Effect of Pardon 1. impotence. blindness Loss of speech. when offender took advantage of position to facilitate the commission of the crime By reason or on the occasion of the rape. Homicide Parricide Legitimate relationship except parent and child Direct line only except spouse Blood except for spouse Parricide Based on relationship Relatives enumerated Conspiracy cannot be applied Separate informations necessary Conceal dishonor not mitigating Infanticide Based on age of child Strangers or relatives * parricide yields to infanticide Conspiracy applicable Single information Conceal dishonor mitigating Intra-uterine life of less than 7 mos. Seconds. but with lesser liability Infanticide Infanticide – killing of any child less than three days of age. whether the killer is the parent or grandparent. which is neither parricide. 2. any other relative of the child.Book 2) Page 24 of 41 8. and is killed within 24 hours Killing by woman to conceal dishonor is extenuating Duel Duel – formal or regular combat previously concerted between two parties in the presence of two or more seconds of lawful age on each side. murder nor infanticide Accidental Homicide – death of a person brought about by a lawful act performed with proper care and skill. foot. and does not refer to the body of the murdered person Death or Physical Injuries in Tumultuous Affray Serious Insanity. Parricide. 10.
In both.Book 2) Page 25 of 41 attendance Ill-treatment by deed without injury Physical Injuries Distinguished from Attempted or Frustrated Homicide: a.Rose Rayco’s 2006 Bar Memory Aid (Criminal Law . Mutilation – must have been caused purposely and deliberately 2. even if no physical injuries are inflicted b. however homicide may be committed. the offender inflicts physical injuries. There is no intent to kill in physical injuries Mutilation Ordinary Physical Injuries Distinguished from Mutilation: 1. Physical Injuries – this intention is not present .
1. Elements Offender is a private individual Kidnaps or detains another. By threatening another with the infliction upon his person. Person kidnapped or detained is a minor (except when the accused is any of the parents). 12. 8. 4. under 7 whom the offender has found abandoned. 1. 2. or by failing to take him to a safe place 1. 3. 3. female or a public officer. 13. or in any other manner deprives the latter of his liberty Act of detention or kidnapping must be illegal Any of the following circumstances are present: a. 2. By delivering a minor to a public institution or other persons without the consent of the one who entrusted such minor to the care of the offender or. Failing to deliver a child. the occupants of the dwelling or a 3rd person 2. That the offender has the custody of a child 2. That the offender is a private person That he enters the dwelling of another That such entrance is against the latter’s will 269 Unlawful Arrest 270 Kidnapping and Failure to Return a Minor 271 Inducing a Minor to Abandon His Home 272 Slavery 273 Exploitation of Child Labor 274 Services Rendered Exceptions: 1. 9. 3. 3. 4. c. and the offender attained his purpose a. while the same are still open * Qualifying Circumstance – violence or intimidation 1. Death resulted from such abandonment. 1. Offender threatens another with the infliction upon the latter’s person. 10. of any wrong b. Wrong amounts to a crime c. even thought not unlawful. That the prohibition to enter be manifest 4. kidnaps or detains a human being. 1. tavern. Light Threats. either as household servant or farm laborer Under Compulsion in Payment 275 Abandonme nt of Persons in Danger and Abandonme nt of One’s Own Victim 2. honor or property. Committed simulating public authority or. Entrance is made while uninhabited 3. 2. Failing to render assistance to any person whom offender finds in an uninhabited place wounded or in danger of dying when he can render such assistance without detriment to himself. unless such omission shall constitute a more serious offense 2.Rose Rayco’s 2006 Bar Memory Aid (Criminal Law . By neglecting his (offender’s) children by not giving them the education which their station in life requires and financial condition permits See RA 7610 and related laws 277 Abandonment of Minor by Person Entrusted with His Custody. No permission of the owner or the caretaker thereof Acts Punished: 1. Purpose: enslave such human being That the offender retains a minor in his service That it is against the will of the minor That it is under the pretext of reimbursing himself of a debt incurred by an ascendant. No intent to kill child when the latter is abandoned Qualifying Circumstances: 1. Light Coercions Discovery and Revelation of Secrets Crime 267 Kidnapping and Serious Illegal Detention 1. Other Light Threats Grave Coercions. 2. 2. or 2. 2. 6. Purpose is to render some service to humanity or justice 3. That it is against the debtor’s will That the purpose is to require or enforce the payment of a debt 276 Abandoning a Minor Acts Punishable: 1. Offender attains his purpose 1. Lasts for more than 3 days or. 3. 14. 3. Demand for money or that any other condition is imposed. 4. or upon that of the latter’s family. or d. in the absence of that one. Life of minor was in danger because of abandonment Acts Punished: 1. 11. 1. Any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made. 2. sells. . Offender enters closed premises or the fenced estate of another 2. Indifference of Parents 278 Exploitation of Minors 280 Qualified Trespass to Dwelling 268 Slight Illegal Detention 1. That he abandons such child 4. Offender is a private individual Kidnaps or detains another. That the child is under 7 years of age 3. 281 Other Forms of Trespass 282 Grave Threats 1. Place where entrance is made is a café. 7. guardian or person entrusted with the custody of such minor That the offender compels a debtor to work for him. even though not unlawful d. to the authorities or to his family. Made for the purpose of preventing some serious harm to himself. 2. 3. or in any other manner deprives him of his liberty Act of kidnapping or detention is illegal Crime is committed without the attendance of any of the circumstances enumerated in Article 267 Offender arrests or detains another person Purpose: to deliver him to the proper authorities Arrest or detention is not authorized by law or there is no reasonable ground therefore That the offender is entrusted with the custody of a minor person (below 21 years of age) That he deliberately fails to restore the said minor to his parents or guardians That a minor is living in the home of his parents or guardian or person entrusted with his custody Offender induces said minor to leave such home Purchases. inn. 16. b.Book 2) Page 26 of 41 TITLE IX: CRIMES AGAINST PERSONAL LIBERTY AND SECURITY 1. Kidnapping and Serious Illegal Detention Slight Illegal Detention Unlawful Arrest Kidnapping and Failure to Return a Minor Inducing a Minor to Abandon his Home Slavery Exploitation of Child Labor Services Rendered in Compulsion of Payment of Debt Abandonment of Persons in Danger and One’s Own Victim Abandoning a Minor Exploitation of Minors Qualified Trespass to Dwelling Other Forms of Trespass Grave Threats. and other public houses. honor or property or that of his family of any wrong amounting to a crime and demanding money or imposing any other condition. without the consent of the proper authorities 2. Failing to help or render assistance to another whom the offender has accidentally wounded or injured 3. 5. 2. 15.
Offender threatens another with the infliction upon the latter’s person. Person that restrained the will and liberty of another had not the authority of law or the right to do so. By paying wage due his laborer or employee by means of tokens or objects other than the legal tender currency of the Philippines.Book 2) Page 27 of 41 2. Demand for money or that other condition is imposed. honor or property or that of his family of any wrong amounting to a crime. or property. Offender makes a threat to commit a crime 2. the crime is unlawful arrest. otherwise. That the purpose is to organize. Offender is a manager. 3. Wrong does not constitute a crime 3. 48 At the outset. be it right or wrong 2. Learns of the secrets of his principal or master in such capacity 3. or knowingly permitting the forcing or compelling of the laborer or employee of the offender to purchase merchandise or commodities of any kind 2. threats or intimidation. or by drawing such weapon in a quarrel. with some harm constituting a crime. Offender has attained or not attained his purpose 1. Seizure of thing accomplished by means of violence or a display of material force producing intimidation 4. Maintenanc e. Person prevented another from doing something not prohibited by law. by means of violence. no lewd design Rape is qualifying circumstance Only 1 kidnapping with rape. from doing something not prohibited by law 2. by means of violence.Rose Rayco’s 2006 Bar Memory Aid (Criminal Law . Purpose: apply the same to the payment of the debt 1. 4. honor. strike of laborers or lockout of employers 1. physical injuries Kidnapping with Rape Composite if woman kidnapped is also raped At the outset. of any wrong b. He seizes anything belonging to his debtor 3. Threat is not subject to a condition 1. 3. rape or physical injuries was purposely sought by the accused. rape or torture – crime is not kidnapping but murder/homicide. in other words. only one crime: Forcible Abduction 286 Grave Coercions 287 Light Coercions 288 Other Similar Coercions deprive Grave Coercion Mere curtailment of freedom of movement 289 Formation. in the heat of anger. threats or intimidation 3. Prevention or compulsion be effected by violence. that the restraint shall not be made under authority of law or in exercise of lawful right 1. Wrong amounts to a crime c. unless expressly requested by such laborer or employee 1. or upon the latter’s family. rape. all other rapes are separate crimes If merely attempted rape. without persisting in the idea involved in his threat 3. there will be 2 separate offenses * intent is determinative of the special complex crime – if intent from the very beginning is to kill. whether it be right or wrong Elements: 1. Forcing/compelling. 2. unless in lawful self-defense 2. Slavery – purpose is to enslave victim . By making threat without attaining his purpose By threatening another with the infliction upon his person. raped or tortured. raped or tortured * if 3rd person killed. it is other illegal detention Distinguishing Article 267 and Article 270: 1. or that he compelled him to do something against his will. directly/indirectly. and Prohibition of Combination of Capital or Labor 290 Discovery of Secrets Thru Seizure of Correspondence Unlawful arrest distinguished from other illegal detention: if the purpose of locking up or detaining is to deliver to authorities. By compelling another. 2. lewd design Rape is also a crime Only one rape complexed. threats or intimidation. Orally threatening to do another any harm not constituting a felony Ways to Commit: 1. the threat not being subject to a condition a. employee or servant 2. 4. Offender is a private individual or even a public officer not in the exercise of his official functions He seizes the papers or letters of another Purpose: to discover secrets of such another person Offender is informed of the contents Exception: parents. Article 267 – offender is not entrusted with custody 2. or to spouses with respect to the papers or letters of either of them 1. That the offender employs violence or threats. maintain or prevent coalitions of capital or labor. even if multiple rapes committed If merely attempted rape: 2 separate crimes: Kidnapping and Attempted Rape Kidnapping Intent to liberty/restrain Forcible Abduction with Rape Complex under art. or persons entrusted with the custody of minors (papers or letters of the children or minors). Threatening another with a weapon. Orally threatening another. 3. or. Reveals such secrets 1. Offender must be a creditor 2. employee or workman of a manufacturing or industrial establishment Manufacturing or industrial establishment has a secret of the industry which the offender has learned Offender reveals such secrets Prejudice is caused to the owner 283 Light Threats 291 Revealing Secrets with Abuse of Office 292 Revelation of Industrial Secrets 285 Other Light Threats Illegal Detention Special Complex Crimes * Effectively eliminated distinction drawn by courts between those cases where the killing. Offender is person in charge. guardians. in such a degree as to compel or force the laborers or employers in the free and legal exercise of their industry or work 2. and those where the same was not deliberately resorted to but was merely an afterthought Kinds Kidnapping with homicide Not separate crimes in themselves but circumstances Kidnapping with rape Kidnapping with physical which convert kidnapping into special complex crime injuries * this rule applicable only if kidnap victim was killed. to do something against his will. Article 270 – offender is entrusted with custody of minor Slavery and Kidnapping/Illegal Detention Distinguished: a. even though not lawful 4. By preventing another.
harvest. intent to gain Future and conditional Direct. gather If property not fenced.Book 2) Page 28 of 41 b.Rose Rayco’s 2006 Bar Memory Aid (Criminal Law . clear or manifest prohibition Purpose: fish. no prohibition to enter . immediate and personal or serious enough. Kidnapping or Illegal Detention – any other purpose Trespass to Dwelling Dwelling Place – any building or structure exclusively devoted for rest and comfort Trespass to Dwelling Trespass to Property Theft Vagrancy Unjust vexation or light coercion Robbery Threat Coercion Intimidation immediate but conditional coupled with demand for money or any consideration . no intent to gain Inhabited Uninhabited.
victim is deprived of money/property by force or intimidation. value of personal property is immaterial. or in any manner taking the passengers thereof by surprise in the respective conveyances 5. 263 was inflicted in the course of the robbery Inflicted upon any non-robber 2. That the offender has intent to defraud another 2. the taking is always robbery. In RVAIP. Robbery by the Use of Force upon Things 3. 294: called Simple Robbery. intimidation may refer to person. he parts with money/property in a sense voluntarily Qualifying Circumstances in RVAIP: 1. by a band. Theft 5. there is violence used by offender 2. If violence or intimidation employed in the robbery is carried to a degree clearly unnecessary or in the course of its execution. In robbery. Personal property belonging to another 2. Both. In robbery. or 3. Any member present at the robbery by the band. or deliver any public instrument or document 294 Robbery with Violence Against or Intimidation of Persons 295 Robbery with Physical Injuries. any of the serious physical injuries. In RFUT. ¶ 2 is committed 4. etc. punishable by RT max to RP. Bribery when victim has committed a crime and give money or gift to avoid arrest or prosecution 2.Book 2) Page 29 of 41 TITLE X: CRIMES AGAINST PROPERTY 1. By reason or on occasion of such robbery. or if the offender employs intimidation only Distinctions Between Effects of Employment of VAIAP and those of use FUT: 1. Unlawful taking of that property 3. In robbery. purpose is identical: to obtain gain 3. Swindling and Other Deceits 8. result of violence used b. Violence against or intimidation of any person. 2. Member of the band 2. or is accompanied by rape or intentional mutilation or arson 2. in grave coercion. Present at commission of a robbery by that band 3. Arson and Other Crimes Involving Destruction 10.Rose Rayco’s 2006 Bar Memory Aid (Criminal Law . shall be punished as principal of any of the assaults committed by the band. Taking must be with intent to gain 4. Robbery in Uninhabited House or in a Private Building Elements of Robbery in General: 1. Chattel Mortgage 9. In RFUT in an uninhabited building. there is intimidation by offender 2. He did not attempt to prevent the assault Attempted and Frustrated Robbery Committed Under Certain Circumstances: If a homicide is committed. Robbery with the use of force upon things (RFUT) a. Usurpation 6. committed Uninhabited Place and by a band. In robber. Robbery in Inhabited House. street car. existence of intimidation only 3. In robbery. there is not such element Robbery and Bribery Distinguished: 1. Robbery if victim did not commit a crime and is intimidated with arrest and/or prosecution to deprive him of his personal property. On whether or not the offenders carry arms 4. and the intimidation is made with the use of firearms Outline: 1. or 2. Both. Robbery with Violence Against or Intimidation of Persons 2. the penalty is based on: a. or intimidation of persons (RVAIP) 2. Whenever violence against or intimidation of any person is used. intimidation is actual and immediate. Brigandage 4. or alley. Any arms is unlicensed – penalty upon ALL the malefactors shall be maximum period of corresponding penalty provided by law 3. because the violence does not result in a special complex crime Threats to Extort Money Distinguished from RVAIP: 1. or force upon anything Acts Punished: 1. Public Building or Edifice devoted to Public Worship b. If there is no violence or intimidation. it may be done thru an intermediary 5. In threats. penalty depends on: a. 263. unless it be shown that he attempted to prevent the same Requisites for Liability: 1. or use of Firearm 296 Definition of a Band and Penalty Incurred 297 298 Execution of Deeds thru Violence/ Intimidation . RVAIP under Paragraph 5 of Art. in bribery. honor or property of offended party or that of his family 6. intimidation is personal. Other members of the band committed an assault 4. In threats. by entering passengers’ compartments in a train. the penalty is based on the value of the property taken Requisites of Robbery under Second Case of ¶ 4: 1. Value of property taken b. motor vehicle or airship. but only FUT. intimidation is directed only to victim. gain of culprit is immediate. any of serious physical injuries. highway. Robbery with violence against. unless homicide committed deserved a higher penalty 1. or 4. offender shall have inflicted upon any person not responsible for the robbery any of the physical injuries in serious physical injuries. In robbery. road. taking is robbery if force is used to either enter building or to break doors. That the offender compels him to sign. ¶ 1 is committed 3. Culpable Insolvency 7. intimidation is conditional or future 4. execute. gain is not immediate RVAIP Distinguished from Grave Coercion: 1. Both. ¶¶ 3 and 4. By reason or on occasion of robbery. homicide is committed. Band – at least 4 armed malefactors take part in robbery 2. Physical injuries defined in ¶¶ 3 and 4 of Art. In threats. by attacking a moving train. By reason or on occasion of such robbery. If violence employed does not cause any of the serious physical injuries defined in Art. 5. Malicious Mischief Crime 293 Who are Guilty of Robbery Elements Classification: 1. in an uninhabited place. on a street. there is intent to gain. in threats.
or other similar tools d. They formed a band of robbers 3. picklocks. Enter an enclosed estate or a filed where trespass is forbidden or which belongs to another and without the consent of its owner. or other forest or farm products Elements: 306 Who are Brigands – Penalty 300 Robbery in Uninhabited Place and by a Band 301 Definitions 307 Aiding and Abetting A Band of Brigands 302 Robbery in an Uninhabited Place or in a Private Building 308 Who are Liable for Theft . (c) edifice devoted to religious worship 2. ship or vessel constituting the dwelling or one or more persons even though the inhabitants thereof are temporarily absent there from when the robbery is committed Dependencies – are all interior courts. similar tools. even if the same be broken open elsewhere Robbery of Cereals. or other locked or sealed furniture or receptacle b. Taking such furniture or objects away to be broken or forced open outside the place of the robbery Distinction between 2 Classes of Robbery as to their Being Qualified: 1. wardrobe. as a mere conspiracy is not punishable 1. the offender took there from personal property belonging to another 299 Robbery in Inhabited House or Public Building or Edifice Devoted to Worship RFUT Subdivision (a): 1. outside door/window was broken c. Having found lost property. Entrance was effected by any of the ff means: a. Using fictitious name or pretending the exercise of public authority 3. Brigandage – mere formation of a band for any of the purposes mentioned is sufficient. chest or any sealed or closed furniture or receptacle was broken e. (b) public building. must be committed in an uninhabited place AND by a band 2. Breaking doors. Compulsion is by means of violence or intimidation 303 304 Possession of Picklocks or Similar Tools 305 False Keys 3. roof. In any manner aids. Any keys other than those intended by the owner for use in the lock forcibly opened by the offender Brigandage – crime committed by 4 or more armed persons who form a band of robbers for the purpose of committing robbery in highway or kidnapping persons for extortion or to obtain ransom. Entrance was effected thru the use of false keys. Offender entered (a) inhabited house. or b. Once inside building. That such picklocks or similar tools are specially adopted to the commission of robbery 3. To attain by means of force and violence any other purpose Brigandage and Robbery in a Band Distinguished: 1. or for any other purpose to be attained by means of force and violence Elements: 1. contiguous to the building. granaries or enclosed places contiguous to the building or edifice. regardless of the circumstances under which he entered it. Breaking any wall. No lawful cause for such possession 1. There be at least 4 armed persons 2. RFUT – to be qualified. and 3. not necessarily on the highway 3. Offender knows the band to be of brigands 3. must be committed in an uninhabited place OR by a band Inhabited House – any shelter. RVAIP – to be qualified. Fruits or Firewood Cases enumerated in Article 299 to 302 1. public building. wardrobes. and which form part of the whole Not Included as Dependencies – orchards or other lands used for cultivation or production are not included in the terms of the next preceding paragraph. corrals. shall remove or make use of the fruits or object of the damage caused by him. A door. nor edifice devoted to religious worship 2. A closed or sealed receptacle was removed. To commit robbery in the highway b. with intent to gain. and having direct connection therewith Public Building – every building owned by the government or belonging to a private person but used or rented by the government. abets or protects such band of brigands. Entrance was effected thru an opening not intended for entrance or egress b. having an interior entrance connected therewith. Genuine keys stolen from the owner 3. although temporarily unoccupied by the same 1. the offender took personal property belonging to another with intent to gain RFUT Subdivision (b): 1. Brigandage – purpose is any of the 3 in Article 306. chests. or b.Rose Rayco’s 2006 Bar Memory Aid (Criminal Law .Book 2) Page 30 of 41 3. with intent to gain but without violence against or intimidation of persons nor force upon things. Acquires/receives property taken by brigands Theft – committed by any person who. warehouses. 2. Offender is inside dwelling house. 2. Band of brigands 2. Tools mentioned in the next preceding article 2. shall hunt or fish upon the same or shall gather fruits. Gives information of the movements of police or other peace officers of the government c. To kidnap persons for extortion or ransom c. or edifice devoted to religious worship. Both require offenders to form a band 2. shall fail to deliver the same to the local authorities or to its owner. Opening not intended for entrance/egress. That the offender does any of the following acts: a. Robber in a Band – necessary to prove band actually committed robbery. public building. Robbery in a Band – purpose is only to commit robbery. or c. The purpose is any of the following: a. even if closed. or floor or breaking any door or window. roof. under any of the following circumstances: a. Wall. Using false keys. That with intent to gain. After having maliciously damaged the property of another. Offender takes personal property belonging to another. or d. cereals. That the offender has in his possession picklocks or similar tools 2. shall take personal property of another without the latter’s consent 1. picklocks. Any of the following circumstances was present: a. Offender entered an uninhabited house or building which was not dwelling house.
Crime of robbery or theft has been committed 2. when offender had full possession of thing. Offender has an onerous obligation to deliver something of value b. That there is demand made by the offended party to the offender Undue advantage of Signature in Blank a. quantity or quality c. and it is not necessary that defendant should have been adjudged bankrupt or insolvent Elements of Estafa in General: 1. He alters its substance. or denial on his part of such receipt c. buys. which has been derived from the proceeds of the said crime 3. Dino Case – frustrated because determinative fact to determine consummation is ability to dispose freely. or buys and sells. There is. 4. First Form a. volcanic eruption. That there be prejudice to his creditors 2. Property stolen consists of coconuts taken from the premises of a plantation 5. Theft is committed with grave abuse of confidence 3. object or anything of value. object or anything of value has been derived from the proceeds of the crime of robbery or theft 4. Paper with the signature of the offended party be in blank b. People vs. That there is intent to gain Altering Boundaries or Landmarks 1. Article 314 – there is no such requirement. who is not a principal or accomplice in the commission of the crime of robbery or theft. or on commission. or for administration. fraudulent . Thru fraudulent means Unfaithfulness or Abuse of Confidence: 1. Distinguished from Insolvency Law: a. That he absconds with his property 3. Document so written creates a liability of. earthquake. possesses. Money. or under any other obligation involving the duty to make delivery of. Taking of personal property Property belongs to another Taking be done with intent to gain (animus lucrandi) Taking be done without the consent of the owner Taking accomplished without violence against or intimidation of persons or force upon things property or usurps any real rights in property That the real property or real rights belong to another 3. the same b. 5. item. Offended party should have delivered it to the offender c. 2. Above the signature of offended party a document is written by the offender without authority to do so d. when offender is able to place thing taken under his control and in such a situation where he could dispose it at once. that is. keeps. fraudulent fraudulent means b. Conflicting Rulings a. Accused knows or should have known that the said article. Insolvency Law – requires application that the criminal act should have been committed after institution of criminal proceedings b. That such misappropriation or conversion or denial is to the prejudice of another d. By means of deceit: a. Espiritu – consummated theft when hospital linen was found at checkpoint 3.Book 2) Page 31 of 41 1. vehicular accident or civil disturbance 1. (b) mail matter. sells or disposes. conceals. Second Form a. Property taken is on occasion of fire. or in any manner deals in any article. False Pretense or Fraudulent Acts a. Espiritu Case – consummated because they were able to take or get hold of linen Theft is Qualified if: 1. Theft is committed by domestic servant 2. That the offender is a debtor. Property stolen is a (a) motor vehicle. Misappropriation/conversion of such money or property by offender. By taking possession of any real property belonging to another by means of violence against or intimidation of persons 2. should only be applied to theft of bulky goods b. typhoon. Theft is consummated a. even if it were more or less momentarily. acquires. People vs. or b. That the offender takes possession of any real 313 314 Fraudulent Insolvency 315 Swindling (Estafa) 3.Rose Rayco’s 2006 Bar Memory Aid (Criminal Law . Damage or prejudice is caused to another 2. By means of false pretenses or fraudulent acts b. intent to gain fro himself or for another Theft of Property of National Library and National Museum Acts Punishable: 1. 3. or any other calamity. item. he has obligations due and payable 2. on the part of the accused. even if he did not have opportunity to dispose the same 2. or to return. False pretense. receives. Accused. Property stolen is fish taken from fishpond/fishery 6. goods. Explanation: a. or other personal property be received by offender in trust. With unfaithfulness or abuse of confidence 2. False pretense. or causes damage to offended or any 3rd person act act or or 310 Qualified Theft PD 1612 AntiFencing Law 311 312 Occupation of Real Property or Usurpation of Real Rights in Property Stages of the Crime: 1. Damage/prejudice capable of pecuniary estimation is caused to the offended party or 3rd person Ways of Committing Estafa: 1. or (c) large cattle (*note Cattle Rustling) 4. By usurping any real rights in property belonging to another by means of violence against or intimidation of persons Elements: 1. Accused defrauded another (a) by abuse of confidence or (b) by means of deceit. Dino – frustrated theft when truck loaded with stolen boxes of rifles was discovered at checkpoint b. That violence against or intimidation of persons is used by the offender in occupying real property or usurping real rights in property 4. and 2.
Offender removed. or issuing a check in payment of an obligation when the offender therein were not sufficient to cover the amount of the check. or c. shall dispose of the same. by making forecasts. 1. or (c) to execute a transfer of any property right 3. Surety a. in any other manner encumbers said real property d. 3. under the terms of the Chattel Mortgage Law. Guaranteed the fulfillment of such obligation with his real property or properties c. 6. fraudulent act. encumbering or mortgaging the real property) d. whether recorded or not c. In this case. Offender had intent to defraud another Other Forms of Swindling: 1. concealed or destroyed any of them c. 2. Defrauding or damaging another by any other deceit not mentioned in the preceding articles 2. to the prejudice of another. shall execute any fictitious contract. restaurant. or (b) to give release. By knowingly removing any personal property mortgaged under the Chattel Mortgage Law to any province or city other than the one in which it was located at the time of execution of the mortgage. Owner of any personal property who shall wrongfully take it from its lawful possessor. or (b) made before the cancellation of his bond. Obtaining any food. Concealment of Records a. with intent to defraud the proprietor or manager thereof b. Such postdating or issuing a check was done when the offender had no funds in the bank. Thing disposed of be real property b. boarding house. or by means of other similar deceits. 3. a. or (c) before being relieved from the obligation contracted by him 1. (induced to part with his money or property) Damage Swindling or mortgage the same. or his funds deposited therein were not sufficient to cover the amount of the check Fifth Paragraph a. a. Any person. c. executed prior to or simultaneously with the commission of the fraud: By using fictitious name. Abandoning or surreptitiously removing any part of his baggage from any of said establishments after obtaining credit. mortgage. without paying therefore 317 Swindling a Minor 316 Other Forms of Through any of the following fraudulent means: 1. credit. Offended party personally signed document d. for profit or gain Acts Punishable: 1. To the prejudice of the owner or a 3rd person 2. although such encumbrance be not recorded. refreshment or accommodation therein. inn. d. Offender takes advantage of the inexperience or emotions or feelings of a minor 2. office files. 4. Offender who is not owner of said property should represent that he is the owner thereof c. knowing that real property is encumbered. fineness or weight of anything pertaining to his art or business. influence. The offender postdated a check. Consideration is (a) some loan of money. Thing be immovable b. Express representation by the offender that the real party is free from encumbrance d. Inducing the Signing of any Document. or by taking advantage of the credulity of the public in any other similar manner. Interpreting dreams. Offender knew that real property was encumbered. a. or nay part thereof. mortgages. By post-dating a check. Any person who. encumber 318 Other Deceits 319 Removal. Offender is a surety in bond given in a criminal or civil action b. Transaction is to the detriment of such minor Other Deceits: 1. or. Prejudice is caused to possessor or 3rd person 4. who. Deceit be employed to make him sign c. Offender wrongfully takes it from its lawful possessor d. refreshment or accommodation at a hotel. He sells. agency. pretending to be owner of any real property. to the prejudice of the latter or any third person. administrators or assigns 2. Offender is the owner of personal property b. By selling or pledging personal property already pledged. Any person who shall accept any compensation given him under the belief that it was in payment of services rendered or labor performed by him. when in fact he did not actually perform such services or labor. A court record. 5. (b) credit or (c) other personal property 4. lodging house or apartment house without paying therefore. Induces such minor (a) to assume an obligation. 5. or issued a check in payment of an obligation b. The failure of the drawer of the check to deposit the amount necessary to cover his check within three (3) days from receipt of notice from the bank and/or the payee or holder that said check has been dishonored for lack of insufficiency of funds shall be prima facie evidence of deceit constituting false pretense or fraudulent act. Offender should have executed an act of ownership (selling. business or imaginary transactions. a.Book 2) Page 32 of 41 fraudulent means must be made or executed prior to or simultaneously with commission of the fraud Offended party must have relied on the false pretense. or fraudulent means. sell. Prejudice was caused 2.Rose Rayco’s 2006 Bar Memory Aid (Criminal Law . shall convey. Any person who. Obtaining credit any of said establishments by the use of false pretenses. Damage 3. the offender shall be punished by the maximum period of the penalty. By pretending to have bribed any Government employee. by telling fortunes. Property is in lawful possession of another c. or encumbrance is (a) without express authority from the court. documents or any other papers b. property. without the written consent of the mortgagee or his executors. without prejudice to the action for calumny which the offended party may deem proper to bring against the offender. qualifications. Sale or Pledge of Mortgaged Property . food. By resorting to some fraudulent practice to insure success in a gambling game. a. or falsely pretending to possess power. leasing. Such sale. By altering the quality. Induced offender party to sign a document b.
2. or relatives by affinity in the same line 2. shall be deemed to constitute an integral part of a railway system 1.Rose Rayco’s 2006 Bar Memory Aid (Criminal Law . Causing damage to the property of the National Museum or National Library. Using any poisonous or corrosive substance 3. Offender deliberately caused damage to the property of another 2. or to any archive or registry. Public Monuments. ascendants and descendants. Not passed into the possession of a 3rd person 3. or Paintings 332 Persons Exempt from Criminal Liability Exemptions: 1.Book 2) Page 33 of 41 without the consent of the mortgagee written on the back of the mortgage and noted on the record thereof in the office of the register of deeds of the province where such property is located Repealed by PD 1613 Amending the Law on Arson 1. road. signal system. Destroy or damage statues or any other useful or ornamental public monuments Destroy or damage any useful or ornamental painting of a public nature 320-326B 327 Who Are Liable for Malicious Mischief 328 Special Cases of Malicious Mischief (Qualified Malicious Mischief) 329 330 Damage and Obstruction to Means of Communica tion 331 Destroying/ Damaging Statues. Widowed spouse with respect to property which belonged to the deceased spouse before the same shall have passed into the possession of another a. revenge or other motive) Special Cases of Malicious Mischief: 1. Causing damage to obstruct the performance of public functions 2. promenade. The act of damaging another’s property be committed merely for the sake of damaging it. and other things pertaining to railways. Such act does not constitute arson or other crimes involving destruction 3. or any other thing used in common by the public Other Mischiefs Penalties range according to value of damage Electric wires. Property belongs to deceased spouse b. Spouses. Brothers and sisters and brothers-in-law and sisters-in-law. (presupposes that the offender acted due to hate. Spreading any infection or contagion among cattle 4. waterworks. if living together Exception: not applicable to strangers participating in the commission of the crime . traction cables.
Seduction of a virgin over 12 and under 18 years of age by certain persons. 2. By keeping a mistress in the conjugal dwelling. Any act of lasciviousness or lewdness 2. single or widow 3. Before the institution of criminal action Seduction or Abduction: 1. Profiting by prostitution 3. 9. under scandalous circumstances. To indemnify the offended woman 2. Seduction of a sister by her brother. That he committed any of the said acts 3. When offended party is under 12 years of age or is demented Two Classes: 1. 2. Offender has sexual intercourse with her d. civil status. house servant. confidence or relationship on the part of the offender 2. regardless of her age or reputation Offenders in qualified seduction: a. Offender is person under age 2. who cooperates as accomplice with abuse of authority or confidential relationship 336 Acts of Lasciviousn ess 337 Qualified Seduction 345 Civil Liability of Persons Guilty of Crimes Against Chastity 346 Liability of Ascendants. That the man must be married 2. 8. Offended party is a virgin. teacher. b. Engaging in business of prostitution 2. Purpose is to satisfy lust of another Acts Penalized: 1. That as regards the woman. Those who abused confidence reposed in them: priest. 7. Of good reputation. Seduction. Offender must be a virgin 2. Abduction. Seduction and Abduction – bars prosecution of crime a. Committed by means of deceit 1. confidence. regardless of her age. unless the law should prevent him form doing so 3. domestic c. Abuse of authority. Committed upon a woman who is a virgin or single or widow of good reputation. or d. ascendant who seduced his descendant 338 Simple Seduction 339 Acts of Lasciviousn ess with Consent of Offended Party 340 Corruption of Minors 341 White Slave Trade 342 Forcible Abduction 343 Consented Abduction 344 Prosecution of Crimes of Adultery. Abduction is against her will 3. or deceit 1. By using force or intimidation b. Curators 4. Any other person. Done under any of the following circumstances: a. Enlisting services of women for prostitution 1. Offender commits acts of lasciviousness 2. priest. to support the offspring Adultery or Concubinage Indemnify damages caused to offended spouse Persons Liable cooperate as accomplices but are punished as principals: 1. etc. Against a person of either sex 3. guardian. 6. Taking away must be with lewd designs 1. such as. Her parents.Rose Rayco’s 2006 Bar Memory Aid (Criminal Law . Person promotes or facilitates prostitution or corruption of person under age 3. Ascendants 2. When offended party is deprived of reason or otherwise unconscious c. Offended party is over 12 and under 18 years of age 2. abduction or acts of lasciviousness must be prosecuted upon complaint signed by: a. By having sexual intercourse. Adultery Concubinage Acts of Lasciviousness Qualified Seduction Simple Seduction Acts of Lasciviousness with Consent Corruption of Minors White Slave Trade Forcible Abduction Consented Abduction Crime 333 Who are Guilty of Adultery 334 Concubinage 1. Teachers. Before institution of the criminal action. relationship. Those who abused their authority: person in public authority.Book 2) Page 34 of 41 TITLE XI: CRIMES AGAINST CHASTITY 1. and Acts of Lasciviousness 1. Over 12 and under 18 years of age c. c. 3. Offender has sexual intercourse with her 4. Guardian 3. which is presumed if she is unmarried and of good reputation b. Teachers or Other Persons Entrusted with Custody . Grandparents. By cohabiting with her in any other place Elements: 1. or 3. a person in authority. 10. person who. he must know her to be married Ways of Committing Crime: 1. with a woman not his wife. is entrusted with the education or custody of the woman seduced b. Guardians. That as regards the man with whom she has sexual intercourse. or reputation 2. Adultery or Concubinage – bars prosecution of crime effective if made: a. In every case. under 18 years of age but over 12 years. Offended party. teacher. Offender accomplishes the acts by abuse of authority. Elements Woman is married Sexual intercourse with a man not her husband 3. To acknowledge offspring. Acts of Lasciviousness. Guardians Pardon 1. Person abducted is any woman. Abduction is with lewd designs 1. in any capacity. Over 12 and under 18 years of age 3. she must know him to be married Elements: 1. By means of fraudulent machination or grave abuse of authority d. Those who abused their relationship: brother who seduced his sister. or a sister or descendant regardless of her reputation or age 3. 4. 5. a. Both offenders must be pardoned by both parties 2. or 2. and b. Taking away must be with her consent after solicitation or cajolery from the offender 4. Rape. Adultery and concubinage must be prosecuted upon complaint signed by the offended party 2. must be EXPRESS b. and 5. Concubinage. or descendant by ascendant.
That the marriage has not been legally dissolved or. That the offender contracted marriage That he knew at the time that: a. Bigamy is an offense against the civil status which may be prosecuted at the instance of the State.Book 2) Page 35 of 41 TITLE XII: CRIMES AGAINST THE CIVIL STATUS OF PERSONS Crime 347 Simulation of Births Elements Acts Punished: 1.Rose Rayco’s 2006 Bar Memory Aid (Criminal Law . the marriage was in disregard of a legal impediment 348 Usurpation of Civil Status 349 Bigamy 352 Performance of Illegal Marriage Ceremony Persons Liable: 1. Simulation of births 2. That he contracts a second or subsequent marriage 4. married before her delivery or before the expiration of the period of 301 days after the date of legal separation Persons Liable: Priests or ministers of any religious denomination or sect. or civil authorities . 2. Concealing or abandoning any legitimate child with intent to cause such child to lose its civil status a. Offender has the intent to cause such child to lose its civil status Usurpation of Civil Status: when a person represents himself to be another and assumes filiation or parental or conjugal rights of such another person Qualifying Circumstance: purpose of defrauding offended party or heirs 1. That the second or subsequent marriage has all the essential requisites for validity Differentiate Concubinage from Bigamy: 1. who. A widow who married within 301 days from the date of the death of her husband. Concubinage is a crime against chastity and may be prosecuted only at the instance of the offended party 2. or before having delivered if she is pregnant at the time of his death 2. her marriage having been annulled or dissolved. Child must be legitimate (and a fully developed and living being) b. Concubinage is characterized by mere cohabitation of the husband with a woman 350 Marriage Contracted Against Provision of Law 351 Premature Marriages 1. That the offender has been legally married 2. A woman. requirements of law not complied with. or b. Bigamy is characterized by the celebration of the 2nd marriage with the first still existing. Substitution of one child for another 3. the absent spouse could not yet be presumed dead according to the CC 3. Offender conceals or abandons such child c. in case his or her spouse is absent.
or 4. omission. if made with malice. Simple Slander by Deed 2. By offering to prevent the publication of such libel for compensation. or contempt of a natural or juridical person. or circumstance Imputation must be made publicly Malicious Natural or juridical person. or one who is dead Imputation must tend to cause the dishonor. Private communication made by person to another in performance of any legal. theatrical exhibition. Vice or defect. Grave Slander 1. Prohibiting Publication of Acts Referred to in the Course of Official Proceedings 358 Slander manager of a newspaper daily or magazine That he publishes facts connected with the private life of another That such facts are offensive to the honor. moral or social duty a. or contempt upon another person Kinds of Slander 1. real or imaginary. child. Elements Imputation of crime. Act or omission of a public officer which. or where printed and first published Proof of Truth is Admissible in any of the Following: 1. 2. provided. report. Requisites of Defense of Defamation: 1. or to blacken the memory of one who is dead Imputation – sufficient if it causes: 1. condition. Dishonor (disgrace/shame/ignominy). When the act or omission imputed constitutes a CRIME regardless of whether the offended party is a private individual or a public officer 2. is related to the discharge of his duties 2. discredit. omission. status. of any judicial. That it is a fair and true report. discredit or contempt of the person defamed. “And for justifiable ends” Libelous Remarks or comments connected with the matter privileged under the provisions of Article 354. moral or social duty to make communication. or any act. or circumstances relating to the offended party Libel – public and malicious imputation of a crime. “It was published with good motives” – court shall determine this by taking into consideration intention and other circumstances of each particular case 3. vice or defect. 5. That it is without comments or remarks Libel May be Committed: writing. even if the act or omission imputed does not constitute a crime. real or imaginary. With office in Manila – CFI of Manila or city. lithography. Person who publishes. editor or 359 Slander by Deed 360 Persons Responsible 354 Requiremen t for Publicity 361 Proof of Truth 355 Libel By Means of Writings or Similar Means 356 Threatening to Publish and Offer to Prevent Such Publication 357 362 Libelous Remarks . and reputation of said person 2. Grave Slander by Deed 1. or his parents. exhibits or causes the publication or exhibition of any defamation in writing or similar means 2. That such act casts dishonor. The owner of the printing plant which publishes a libelous article with his consent and all other person who in any way participate in or have connection with its publication Venue when one is a public officer 1. at least. made in good faith. Person who made communication had a legal. The communication is addressed to an officer or a board. That it is made in good faith c. or other members of his family 2. Blacken memory of one who is dead Malice is Not Presumed in the Following: 1. or of a vice or defect. or any act. or speech delivered in said proceedings. phonograph. disesteem). 4. 2. without any comments or remarks. virtue. Contempt (state of being despised) of natural or juridical person. having some interest or duty in the matter c. of offended party 3.Book 2) Page 36 of 41 TITLE XIII: CRIMES AGAINST HONOR Crime 353-355 Libel by Means of Writing or Similar Means 1. or money consideration 1. That such act is performed in the presence of other person or persons 3. engraving. The statements in the communication are made in good faith without malice (in fact) 2. shall NOT exempt the author thereof nor the editor or managing editor of a newspaper from criminal liability. status. legislative. Act or omission constituting a crime b. radio. condition. cinematographic exhibition. Slander – oral defamation Two Kinds: 1. By threatening another to publish a libel concerning him. or circumstance tending to cause the dishonor. condition. painting. “If it appears that the matter charged as libelous is true” – proof of truth in defamation is limited to: a. Fair and True Report a. Any act. When the offended party is a government employee. status of. or other official proceedings which are not of confidential nature. That the offender is a reporter. That the offender performs any act not included in any other crime against honor 2. printing. discredit or contempt upon the offended party Slander by Deed – crime against honor which is committed by performing any act which casts dishonor. spouse. 3. it is related to the discharge of his official duties. Discredit (loss of credit/reputation. or 3. or any similar means Acts Punished: 1. Does not hold office in Manila – CFI of province or city where he held office at time of commission of offense. he had an interest to be upheld b. real or imaginary. Defamatory Imputation: imputation may cover: 1. although not constituting a crime. 3. omission. The author or editor of a book or pamphlet 3. or of any statement. or of any other act performed by public officers in the exercise of their functions b. discredit. or. or superior. Simple Slander 2. or province where the libelous article is printed and first published 2.Rose Rayco’s 2006 Bar Memory Aid (Criminal Law . Crime allegedly committed by the offended party 2. The editor or business manager of a daily newspaper magazine or serial publication 4.
That the offender performs an act That by such act he directly incriminates or imputes to an innocent person the commission of a crime 3.Rose Rayco’s 2006 Bar Memory Aid (Criminal Law .Book 2) Page 37 of 41 363 Incriminatin g Innocent Person 364 Intriguing Against Honor 1. 2. Intriguing against honor is committed by any person who shall make any intrigue which has for its principal purpose to blemish the honor or reputation of another person . That such act does not constitute perjury.
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