ATENEO CENTRAL BAR OPERATIONS 2007 Criminal Law SUMMER REVIEWER

BOOK I
CRIMINAL LAW – A branch of municipal law which defines crimes, treats of their nature and provides for their punishment. Characteristics of Criminal Law: 1. General – binding on all persons who reside or sojourn in the Philippines Exceptions: a. Treaty Stipulation b. Laws of Preferential Application c. Principles of Public International Law Ex: i. sovereigns and other chiefs of state ii. Ambassadors, ministers plenipotentiary, minister resident and charges d’affaires (BUT consuls, vice-consuls and other foreign commercial representatives CANNOT claim the privileges and immunities accorded to ambassadors and ministers.) 2. Territorial – penal laws of the Philippines are enforceable only within its territory Exceptions: (Art. 2 of RPC – binding even on crimes committed outside the Philippines) a. offense committed while on a Philippine ship or airship b. forging or counterfeiting any coin or currency note of the Philippines or obligations and the securities issued by the Government QuickTime™ and a TIFF (Uncompressed) decompressor c. introduction into the country of the are needed to see this picture. above-mentioned obligations and securities d. while being public officers and employees, an offense committed in the exercise of their functions e. crimes against national security and the law of the nations defined in Title One of Book Two 3. Prospective – the law does not have any

retroactive effect. Exception: when the law is favorable to the accused Exceptions to the Exception: a. The new law is expressly made inapplicable to pending actions or existing causes of action b. Offender is a habitual criminal Theories of Criminal Law: 1. Classical Theory – basis is man’s free will to choose between good and evil, that is why more stress is placed upon the result of the felonious act than upon the criminal himself. The purpose of penalty is retribution. The RPC is generally governed by this theory. 2. Positivist Theory – basis is the sum of social and economic phenomena which conditions man to do wrong in spite of or contrary to his volition. This is exemplified in the provisions on impossible crimes and habitual delinquency. 3. Mixed Theory – combination of the classical and positivist theories wherein crimes that are economic and social in nature should be dealt in a positive manner. The law is thus more compassionate. Construction of Penal Laws: 1. Liberally construed in favor of offender Ex: a. the offender must clearly fall within the terms of the law b. an act is criminal only when made so by the statute 2. In cases of conflict with official translation, original Spanish text is controlling, 3. No interpretation by analogy.

LIMITATIONS ON POWER OF CONGRESS TO ENACT PENAL LAWS: 1. ex post facto law 2. bill of attainder 3. law that violates the equal protection clause of the constitution 4. law which imposes cruel and unusual punishments nor excessive fines

—Advisers: Atty. Lorenzo Padilla, Justice Diosdado Peralta; Head: Kristine Quimpo; Understudies: Ivy Patdu, Krizna Gomez—

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007
Omission – failure to perform a duty required by law BOOK ONE GENERAL PROVISIONS

ELEMENTS: 1. there must be an act or omission 2. this must be punishable by the RPC 3. act or omission was done by means of dolo or culpa NULLUM CRIMEN, NULLA POENA SINE LEGE – There is no crime when there is no law punishing it. Classification Of Felonies According To The Means By Which They Are Committed: 1. Intentional Felonies- by means of deceit (dolo) Requisites: a. freedom b. intelligence c. intent. MISTAKE OF FACT – misapprehension of fact on the part of the person who caused injury to another. He is not criminally liable. Requisites: a. the act done would have been lawful had the facts been as the accused believed them to be bintention is lawful b. mistake must be without fault or carelessness by the accused 2. Culpable Felonies- by means of fault (culpa) Requisites: a. freedom b. intelligence c. negligence (lack of foresight) and imprudence (lack of skill)

ART.1: TIME WHEN ACT TAKES EFFECT RPC took effect February 1, 1932. ART. 2: APPLICATION OF ITS PROVISIONS RULES: 1. Philippine vessel or airship – Philippine law shall apply to offenses committed in vessels registered with the Philippine Bureau of Customs. It is the registration, not the citizenship of the owner which matters. 2. Foreign vessel a. French Rule General Rule: Crimes committed aboard a foreign vessel within the territorial waters of a country are NOT triable in the courts of such country. Exception: commission affects the peace and security of the territory, or the safety of the state is endangered. b. English Rule General Rule: Crimes committed aboard a foreign vessel within the territorial waters of a country are triable in the courts of such country. Exception: When the crime merely affects things within the vessel or it refers to the internal management thereof. *This is applicable in the Philippines. Title One: FELONIES QuickTime™ and a AND CIRCUMSTANCES TIFF (Uncompressed) decompressor WHICH AFFECT CRIMINAL LIABILITY are needed to see this picture. Chapter One: FELONIES Felonies – acts and omissions punishable by the Revised Penal Code Crime – acts and omissions punishable by any law Act – an overt or external act

MALA IN SE v. MALA PROHIBITA Mala in se Mala Prohibita not considered moral trait of considered offender defense, not a defense; good faith as a valid unless the crime is intent not defense the result of culpa necessarysufficient that the offender has the intent to perpetrate the act prohibited by the special law

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Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007
degree of taken into account accomplishme nt of the crime taken into account only when consummated Par. 2 Impossible Crime Requisites: 1. Act would have been an offense against persons or property. 2. There was criminal intent. 3. Accomplishment is inherently impossible; or inadequate or ineffectual means are employed. 4. Act is not an actual violation of another provision of the Code or of special law. Impossible crime occurs when there is: 1. inherent impossibility to commit the crime 2. inadequate means to consummate the crime 3. ineffectual means to consummate the crime Art. 5: Duty of the court in connection with acts which should be repressed but which are not covered by the law, and in cases of excessive penalties Note: Paragraph 2 does not apply to crimes punishable by special law, including profiteering, and illegal possession of firearms or drugs. There can be no executive clemency for these crimes.

mitigating and taken into account GENERALLY not in imposing penalty taken into account aggravating circumstance degree of when there is more than one offender, participation it is taken into consideration General Rule: laws violated RPC GENERALLY not taken into account General Special Laws Rule: Penal

INTENT v. MOTIVE Intent

Motive

purpose to use a moving power which impels particular means to effect one to act a result element of crime except not an element in crimes committed with culpa essential in intentional essential only when the identity felonies of the felon is in doubt

ART. 4: CRIMINAL LIABILITY Par.1 Criminal liability for a felony committed different from that intended to be committed Requisites: 1. felony has been committed intentionally 2. injury or damage done to the other party is the direct, natural and logical consequence of the felony Hence, since he is still motivated by criminal intent, the offender is criminally liable in: 1. Error in personae – mistake in identity 2. Abberatio ictus – mistake in blow QuickTime™ and a 3. Praetor intentionem decompressor of intent to TIFF (Uncompressed) – lack are needed to see this picture. commit so grave a wrong PROXIMATE CAUSE – the cause, which in the natural and continuous sequence unbroken by any efficient intervening cause, produces the injury, without which the result would not have occurred

ART. 6: CONSUMMATED, FRUSTRATED, AND ATTEMPTED FELONIES STAGES OF EXECUTION: 1. CONSUMMATED – when all the elements necessary for its execution and accomplishment are present 2. FRUSTRATED Elements: a. offender performs all acts of execution b. all these acts would produce the felony as a consequence c. BUT the felony is NOT produced d. by reason of causes independent of the will of the perpetrator 3. ATTEMPTED Elements: a. offender commences the felony directly by overt acts b. does not perform all acts which would produce the felony c. his acts are not stopped by his own spontaneous desistance
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Offenses punishable by Special Penal Laws. Rape 2. insurrection. Crimes. which do not admit of Frustrated and Attempted Stages: 1.g. And they decide to commit it Concepts of Conspiracy: 1. coup d’ etat General Rule: The act of one is the act of all.e. Bribery 3. are needed 2.” corruption of public officers) Crimes which do not admit of Frustrated Stage: 1. Felonies by omission 6. For the commission of a felony 3. accessories are NOT liable even if committed against persons or property. Merely as a means to commit a crime Requisites: a. 8: CONSPIRACY AND PROPOSAL TO COMMIT FELONY CONSPIRACY Requisites: 1. Preparatory acts .punishable under the RPC ART.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Attempted Frustrated Consummated Overt acts of All acts of execution are All the acts of execution are execution are present present started Not all acts of Crime sought to be The result execution are committed is not sought is present achieved achieved Due to reasons Due to intervening other than the causes independent of the will of the perpetrator spontaneous desistance of the perpetrator ART. Crimes consummated by mere attempt (Ex: attempt to flee to an enemy country. 304. coup d’ etat 2. Exception: Unless one or some of the conspirators committed some other crime which is not part of the intended crime. Acts of Execution . which is indicative of a meeting of the minds towards a common criminal objective Note: Conspiracy to commit a felony is different from conspiracy as a manner of incurring criminal liability. a prior and express agreement b.not punishable to see this picture. treason. Internal acts .) 3. participants acted in concert or simultaneously. corruption of minors) 5. Note: Only principals and accomplices are liable. Crimes committed by mere agreement (Ex: betting in sports: “ending. insurrection. Impossible Crimes 4. Exception: when the law specifically provides for a penalty Ex: rebellion. Possession of picklocks and similar tools) b. General Rule: Conspiracy to commit a felony is not punishable since it is merely a preparatory act. alteration of boundary marks. Physical Injury 2 stages in the development of a crime: 1. theft. malicious mischief. etc. Page 4 of 174 . Adultery 5. sedition. As a crime in itself Ex: conspiracy to commit rebellion.g. Art. unless the law provides otherwise 2. mere ideas QuickTime™ and a of the mind TIFF (Uncompressed) decompressor . External acts a. 7: WHEN LIGHT FELONIES ARE PUNISHABLE General Rule: Punishable only when they have been consummated Exception: Even if not consummated. and intriguing against honor. treason. sedition. Two or more persons come to an agreement 2.ordinarily not punishable except when considered by law as independent crimes (e. if committed against persons or property Ex: slight physical injuries. adultery. Corruption of Public Officers 4. Formal crimes – consummated in one instance (Ex: slander.

16 Participation of Accomplices • Art. Grave felonies – afflictive penalties: 6 yrs. 22 Retroactivity of Penal laws if favorable to the accused • Art. arresto mayor. degree of participation and attendance of mitigating and aggravating circumstance may be applied by necessary implication. or 2. 10: OFFENSES NOT SUBJECT TO THE PROVISIONS OF THIS CODE General Rule: RPC provisions are supplementary to special laws. 137601. are needed to see QuickTime™ and a Provisions of RPC applicable to special laws: • Art. when special law provides otherwise 2. and 1 day to reclusion perpetua (life) 2. LESS GRAVE FELONIES AND LIGHT FELONIES TIFF (Uncompressed) decompressor Importance of Classification this picture. or 3. Less grave felonies – correctional penalties: Page 5 of 174 . coup d’ etat *no proposal to commit sedition Attempted or Frustrated Stages Plea of guilty as mitigating circumstance Minimum. rebellion.arresto menor (1 day to 30 days) ART. coup d’ etat Proposal to commit: treason. Penalties (imprisonment): 1. And proposes its execution to some other person or persons Terms Elements Conspiracy Proposal Agreement to person decides to commit AND commit a crime AND proposes the commission same to another Conspiracy to commit: sedition. Light felonies . April 24. Moral assistance to his co-conspirators by being present at the time of the commission of the crime. medium and maximum periods Penalty for accessory or accomplice General Rule: Not punishable Exception: Unless otherwise stated No Yes Crimes Not applicable Yes General Rule: None Exception: Unless otherwise stated Yes ART. etc.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Exception to the exception: When the act constitutes an indivisible offense. treason. rebellion. Punishable PROPOSAL TO COMMIT A FELONY Requisites: 1. 1. Active participation in the actual commission of the crime itself. A person has decided to commit a felony 2. when provision of RPC are impossible of application. To determine whether the felonies can be complexed or not. the provisions of the RPC on imposition of penalties based on stages of execution. prision correccional. OVERT ACTS IN CONSPIRACY MUST CONSIST OF: 1. penalties as reclusion perpetua. To determine the prescription of the crime and of the penalty. either by express provision or by necessary implication Special Laws imprisonment RPC prision correccional. Abut. et al. Exerting a moral ascendance over the other co-conspirators by moving them to execute or implement the criminal plan People v. prision mayor. 45 Confiscation of instruments used in the crime Note: When the special law adopts the penalties imposed in the RPC i. (GR No. 2003) 1 month and 1 day to 6 years 3. etc.e. Exceptions: 1. 9: GRAVE FELONIES. 2.

1983) Attack on property alone was deemed sufficient to comply with element of unlawful aggression Chapter Two JUSTIFYING CIRCUMSTANCES AND CIRCUMSTANCES. it is no longer justifying. defense of person 2. Rights included in self-defense: 1.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 nor material commensurability between the means of attack and defense by the one defending himself and that of the aggressor is not required REASON: the person assaulted does not have sufficient opportunity or time to think and calculate. WHICH EXEMPT FROM CRIMINAL LIABILITY ART. victim-survivors who are found by the Courts to be suffering from Battered Woman Syndrome (BWS) do not incur any criminal or civil liability despite absence of the necessary elements for the justifying circumstance of self-defense in the RPC. The defense must have been made during the existence of aggression. 2. defense of rights protected by law 3. character. self-defense in libel – justified when the libel is aimed at a person’s good name. Narvaez. People v. (GR No. or on one entrusted with the care of such property. which must be offensive and positively strong. defense of chastity Kinds of Self-Defense: 1. size QuickTime™ and a and (Uncompressed) decompressor other circumstances of TIFF are needed to see this picture. BWS is a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse. 4 where the liability is borne by persons benefited by the act. defense of property (only if there is also an actual and imminent danger on the person of the one defending) 4. L-33466-67. otherwise.the law does not require a person to retreat when his assailant is rapidly advancing upon him with a deadly weapon. 1 Self-defense Elements: 1. 11. character. aggressor (3) physical condition. violation of the terms of the agreement to fight is considered an exception. defense of property – must be coupled with an attack on the person of the owner. 2 Defense of Relative Elements: 1. Par. NOTE: Under Republic Act 9262 (Anti-Violence Against Women and Their Children Act of 2004). Test of reasonableness depends on: (1) weapon used by aggressor (2) physical condition. unlawful aggression requirement) (indispensable Page 6 of 174 . Lack of sufficient provocation on the part of the person defending himself NOTE: Perfect equality between the weapons used. Unlawful Aggression indispensable requirement There must be actual physical assault or aggression or an immediate and imminent threat. Reasonable necessity of the employed to prevent or repel it – means 3. Exception: There is civil liability with respect to par. self-defense of chastity – there must be an attempt to rape the victim 2. JUSTIFYING CIRCUMSTANCES JUSTIFYING CIRCUMSTANCES – where the act of a person is in accordance with law such that said person is deemed not to have violated the law. “Stand ground when in the right” . While generally an agreement to fight does not constitute unlawful aggression. General Rule: No criminal and civil liability incurred. April 20. Par. size and circumstances of person defending himself (4) place and occasion of assault 3.

unlawful aggression (indispensable requirement) 2. freedom of action. WHICH EXEMPT FROM CRIMINAL LIABILITY EXEMPTING CIRCUMSTANCES – grounds for exemption from punishment because there is wanting in the agent of the crime any of the conditions which make the act voluntary or negligent. evil sought to be avoided actually exists 2. QuickTime™ and a NOTE: The accused must prove that he was duly appointed to the position claimed he was discharging at the time of the commission of the offense. descendants 4. Par. reasonable necessity of the means employed to prevent or repel it 3. 12: CIRCUMSTANCES. no other practical and less harmful means of preventing it NOTE: The necessity must not be due to the negligence or violation of any law by the actor. Good faith is material. resentment or other evil motive Par. or lawful exercise of a right or office. In case the provocation was given by the person attacked. the injury caused or offense committed be the necessary consequence of the due performance of the duty. 4 State of Necessity (Avoidance of Greater Evil or Injury) Elements: 1. but since Page 7 of 174 . General Rule: Subordinate cannot invoke this circumstance when order is patently illegal. spouse 2. 5 Fulfillment of Duty or decompressor Exercise of TIFF (Uncompressed) Lawful are needed to see this picture. or intent. Par. the one making the defense had no part in such provocation. relatives by consanguinity within the 4 civil degree NOTE: The relative defended may be the original aggressor. person defending be not induced by revenge. or the lawful exercise of such right or office. means used by subordinate to carry out said order is lawful NOTE: The superior officer giving the order cannot invoke this justifying circumstance. injury feared be greater than that done to avoid it 3. an order has been issued 2. All that is required to justify the act of the relative defending is that he takes no part in such provocation. Relative entitled to the defense: 1. ART. order has a lawful purpose (not patently illegal) 3. ascendants 3. a Right or Office Elements: 1. Exception: When there is compulsion of an irresistible force. natural or adopted brothers and sisters. accused acted in the performance of duty or in the lawful exercise of a right or office 2. or relatives by affinity in the same degrees th 5. Par. reasonable necessity of the means employed to prevent or repel it 3. Basis: The exemption from punishment is based on the complete absence of intelligence. or on the absence of negligence on the part of the accused. Burden of proof: Any of the circumstances is a matter of defense and must be proved by the defendant to the satisfaction of the court. It must also be shown that the offense committed was the necessary consequence of such fulfillment of duty. 6 Obedience to a Superior Order Elements: 1. Who/what is affected? Nature of act Existence Justifying Act Exempting Actor act is considered legal None act is wrongful but actor not liable Yes.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 2. as the subordinate is not liable for carrying out an illegal order if he is not aware of its illegality and he is not negligent. or under impulse of uncontrollable fear. legitimate. 3 Defense of Stranger Elements: 1.

or at least equal to. DURESS – use of violence or physical force Elements: 1. that which he is required to commit. are needed NOTE: Such minor must have acted without discernment to be exempt.A. Par. He causes injury to another by mere accident 4. Par. General Rule: Exempt from criminal liability Exception: The act was done during a lucid interval. 5 Irresistible Force IRRESISTIBLE FORCE – offender uses violence or physical force to compel another person to commit a crime. he is criminally liable. 3. 4 Accident without fault or intention of causing it Elements: 1. Elements: 1.A. Par.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 of a crime Liability No criminal and civil liability BUT there is civil liability as to Art. 2. The threat which causes the fear is of an evil greater than. 12(4) (injury by mere accident) and (7) (lawful cause) the consequences of the unlawful act. NOTE: Duress to be a valid defense should be based on real. Page 8 of 174 . manner the crime was committed 2. Presumption: The minor committed the crime without discernment. with due care 3. conduct of the offender after its commission NOTE: Under R. The physical force must be irresistible. If with discernment. The physical force must come from a third person. 2. Mere abnormality of the mental faculties will not exclude imputability. The compulsion is by means of physical force. 6 Uncontrollable Fear UNCONTROLLABLE FEAR – offender employs intimidation or threat in compelling another to commit a crime. DISCERNMENT – mental capacity to fully appreciate Par. A threat of future injury is not enough. NOTE: Force must be irresistible so as to reduce the individual to a mere instrument. It should not be inspired by speculative. INSANE – one who acts with complete deprivation of intelligence/reason or without the least discernment or with total deprivation of freedom of will. 2 Under Nine Years of Age Requisite: Offender is under 9 years of age at the time of the commission of the crime. NOTE: Defense must prove that the accused was insane at the time of the commission of the crime because the presumption is always in favor of sanity. There is absolute criminal irresponsibility in the case of a minor under 9 years of age.11(4) (state of necessity) voluntariness is absent the actor is not liable No criminal liability but there is civil liability EXCEPT as to Art. Without fault or intention of causing it. 3 Person Over 9 and and a Under 15 Acting QuickTime™ TIFF (Uncompressed) decompressor Without Discernment to see this picture. 9344 a minor over 15 but but below 18 who acted without discernment is exempt from criminal liability Par. which is shown by the: 1. It promises an evil of such gravity and imminence that an ordinary man would have succumbed to it. 9344 or the Juvenile Justice And Welfare Act a minor 15 years and below is exempt from criminal liability Par. NOTE: Under R. imminent or reasonable fear for one’s life or limb. He is exempt in all cases from criminal liability. fanciful or remote fear. A person is performing a lawful act 2. 1 Imbecility or Insanity IMBECILE – one while advanced in age has a mental development comparable to that of children between 2 and 7 years old.

Chapter Three CIRCUMSTANCES WHICH MITIGATE CRIMINAL LIABILITY Offset by any aggravating circumstance Effect on penalty Privileged Mitigating Cannot be offset Kinds (Sources) Effect of imposing the penalty by 1 or 2 degrees lower than that provided by law Minority. spontaneous desistance (Art. morally or physically prevented a person to do what the law commands Elements: 1. 63 Phil 530) ABSOLUTORY CAUSES – where the act committed is a crime but for some reason of public policy and sentiment. 20) 3. which has lawfully. An act is required by law to be done. two or more mitigating circumstance without any aggravating circumstance (has the effect of lowering the penalty by one degree). swindling. Entrapment QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. 6) 2. No available transportation – officer not liable for arbitrary detention 3. Insuperable Cause INSUPERABLE CAUSE – some motive. 2. accessories exempt from criminal liability (Art. PAR 7. Mother who was overcome by severe dizziness and extreme debility. 64. has the effect of imposing the minimum period of the penalty Those circumstances enumerated in paragraph 1 to 10 of Article 13 Age ≤ 15years Instigation The ways and means are resorted to for the purpose of trapping and capturing the lawbreaker in the execution of his criminal plan. Examples of such other circumstances are: 1.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 NOT a bar to Accused will be acquitted accused’s prosecution and conviction NOT an absolutory Absolutory cause cause ACTUS ME INVITO FACTUS NON EST MEUS ACTUS – Any act done by me against my will is not my act. Bandian. 3. 247) 4. Death or physical injuries inflicted under exceptional circumstances (Art. persons exempt from criminal liability from theft. A priest can’t be compelled to reveal what was confessed to him. exempting circumstance * as amended by RA 9344 15 < and < Conditional responsibility 18 Without discernment – not criminally liable With discernment – criminally liable * as amended by RA 9344 Minor Sentence is suspended delinquent 18 ≤ and ≤ 70 Full responsibility Page 9 of 174 . malicious mischief (Art 332) 5. A buy-bust operation conducted in connection with illegal drug-related offenses is a form of entrapment. 2. Ex: 1. Instigator practically induces the would-be accused into the commission of the offense and himself becomes a co-principal Criminal Responsibility/ Effect Absolute irresponsibility. His failure to perform such act was due to some lawful or insuperable cause. there is no penalty imposed. 68 and 69 Ordinary Mitigating Can be offset by a generic aggravating circumstance If not offset. instigation NOTE: Entrapment is NOT an absolutory cause. Exempting and justifying circumstances are absolutory causes. Art. A person fails to perform such act. leaving child to die – not liable for infanticide (People v. Incomplete Self-defense.

provocation must be sufficient 2. which may give rise to self-defense and thus no longer a mitigating circumstance. not to his intention during the planning stage NOTE: In crimes against persons – if victim does not die. show that there is a notabletoand evident disproportion between the means employed to execute the criminal act and its consequences. the offender acts without intent. it must originate from the offended party 3. 4 Provocation or Threat Provocation – any unjust or improper conduct or act of the offended party. Provocation Vindication Made directly only to the Grave offense may be also the offender’s person committing the against relatives mentioned by law felony Cause that brought about the provocation need not be a grave offense Necessary that provocation or threat immediately preceded the act. injury inflicted 3. However. Time interval allowed ART. it would be an unlawful aggression. in reference to Art. Par. It is not considered as mitigating. the absence of the intent to kill reduces the felony to mere physical injuries. If two requisites are present. Par. it is considered a privileged mitigating circumstance. 2 Under 18 or Over 70 Years Old NOTE: Age of accused is determined by his age at the date of commission of crime. inciting or irritating anyone. part of the body injured 4. NOTE: It is not applicable to felonies by negligence because in felonies through negligence. mindset of offender at the time of commission of crime Page 10 of 174 .11(4) if any of the last two requisites is absent. Factors that can be considered are: 1.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 > 70 Mitigated responsibility. defense of relative or stranger. which may be considered as diminished Par. execution of death sentence may be suspended and commuted This provision addresses the intention of the offender at the particular moment when the offender executes or commits the criminal act. weapon used 2. 3 No Intention to Commit so Grave a Wrong QuickTime™ and NOTE: Can be used only when a the proven facts TIFF (Uncompressed) decompressor are needed see this picture. Requisites: 1. Remember though. No time interval Offended party must have done a grave offense to the offender or his relatives May be proximate. there is only an ordinary mitigating circumstance. Par. must be immediate to the commission of the crime by the person who is provoked NOTE: Threat should not be offensive and positively strong. unlawful aggression must always be present as it is an indispensable requirement. The intent in intentional felonies is replaced by negligence or imprudence. not date of trial. that in selfdefense. Otherwise. 1 Incomplete Justifying or Exempting Circumstances NOTE: This applies when not all the requisites are present. There is no intent on the part of the offender. no imposition of death penalty. capable of exciting. 13: MITIGATING CIRCUMSTANCES MITIGATING CIRCUMSTANCES – those which if present in the commission of the crime reduces the penalty of the crime but does not erase criminal liability nor change the nature of the crime NOTE: A mitigating circumstance arising from a single fact absorbs all the other mitigating circumstances arising from that same fact. It is mitigating only when the victim dies.

before the competent court that is to try the case 3. showing the intent of the accused to submit himself unconditionally to the authorities. NOTE: If both are present. treachery since this means that the offender had time to ponder his course of action. offender not actually arrested 2. 7 Surrender and Confession of Guilt Par. 5 Vindication of Grave Offense Requisites: 1. offender surrendered to person in authority 3. natural or adopted brothers or sisters or relatives by affinity within the same degrees 2. the impulse must be so powerful that it naturally produced passion or obfuscation in him NOTE: Act must have been committed not in the spirit of lawlessness or revenge. act must come from lawful sentiments. not just immediately after) Must come from lawful sentiments PASSION & OBFUSCATION Produced by an impulse which may be caused by provocation Offense which engenders perturbation of mind need not be immediate. or 2. The victim must be the one who caused the passion or obfuscation TIFF (Uncompressed) decompressor NOTE: Passion and obfuscation cannot co-exist with are needed to see this picture. It is only required that the influence thereof lasts until the crime is committed Effect is loss of reason and selfcontrol on the part of the offender 3rd person Unlawful PROVOCATION Comes from injured party Immediately precede the commission of the crime Same Par. Page 11 of 174 . legitimate. that is. he wishes to save them the trouble and expense necessarily incurred in his search and capture. descendants. offender acted upon an impulse 2. confession of guilt was made prior to the presentation of the evidence for the prosecution PASSION & OBFUSCATION Mitigating No physical force needed From the offender himself IRRESISTIBLE FORCE Exempting Requires physical force Must come from a WHEN SURRENDER VOLUNTARY . surrender was voluntary VOLUNTARY PLEA OF GUILT 1. both unlawful and unjust 2. Act. either because: 1. That there be an act. (proximate time. a grave offense done to the one committing the felony. as long as the offender is still suffering from the mental agony brought about by the offense to him.must be spontaneous. The act be sufficient to produce a condition of mind 3. QuickTime™ and a Requisites: VOLUNTARY SURRENDER 1. ascendants. not admitting of time during which the perpetrator might recover his normal equanimity 4. That the act was proximate to the criminal act. 6 Passion or Obfuscation Requisites: 1.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Par. he acknowledges his guilt. considered as two independent mitigating circumstances. his spouse. the felony is committed in immediate vindication of such grave offense NOTE: “Immediate” allows for a lapse of time. Further mitigates penalty. confession was made in open court. offender spontaneously confessed his guilt 2. Which Gave Rise To Passion And Obfuscation: 1.

the place of the commission. 2. Examples Not examples defendant who is 60 years old killing the wrong with failing eyesight is similar to a person case of one over 70 yrs old outraged feeling of TIFF (Uncompressed)not resisting arrest is owner QuickTime™ and a of decompressor are needed to this animal taken for ransom is seenotpicture. is Mitigating Circumstance. NOTE: The physical defect must relate to the offense committed. or 5. Plea to a lesser charge is not a Mitigating Circumstance because to be such.those that change the nature of the crime 4. similar to incomplete justification based on state of necessity CHAPTER FOUR CIRCUMSTANCES WHICH AGGRAVATE CRIMINAL LIABILITY AGGRAVATING CIRCUMSTANCES – Those which.those which apply only to specific crimes. 8 Physical Defect of Offender The offender is deaf and dumb. or the offended party.those which arise under special conditions to increase the penalty of the offense and cannot be offset by mitigating circumstances GENERIC AGGRAVATING CIRCUMSTANCE EFFECT : When not set off by any mitigating circumstance. Plea to the offense charged in the amended info. Inherent . Par. lesser than that charged in the original info. Such illness should not deprive the offender of consciousness of his acts. Increases the penalty which should be imposed upon the accused to the QUALIFYING AGGRAVATING CIRCUMSTANCE EFFECT: Gives the crime its proper and exclusive name and places the author of the crime in such a situation as to deserve no other Page 12 of 174 . therefore not considered in increasing the penalty to be imposed 5. same as the analogous to vindication of grave voluntary surrender offense impulse of jealous feeling. he is entitled to mitigating circumstance as long as he withdraws his plea of not guilty to the charge before the fiscal could present his evidence. if attendant in the commission of the crime. the personal circumstances of the offender. Qualifying . 3. Par.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 NOTES: plea made after arraignment and after trial has begun does not entitle accused to the mitigating circumstance If accused pleaded not guilty. the time. Specific .those which apply to all crimes 2. Special . the plea of guilt must be to the offense charged. blind or otherwise suffering from some physical defect. 2.which of necessity accompany the commission of the crime. serve to have the penalty imposed in its maximum period provided by law for the offense or those that change the nature of the crime. similar to passion and obfuscation voluntary restitution of property. 9 Illness of the Offender Requisites: 1. even if during arraignment. BASIS: The greater perversity of the offender manifested in the commission of the felony as shown by: 1. Par. similar to voluntary surrender running amuck is not mitigating KINDS OF AGGRAVATING CIRCUMSTANCES: 1. The illness of the offender must diminish the exercise of his will-power. restricting his means of action. 3. the motivating power itself. 10 Similar and Analogous Circumstances extreme poverty. the means and ways employed 4. Generic . defense or communication with others.

par. shall serve to aggravate the liability of only those persons who had knowledge of them at the time of the execution of the act or their cooperation therein. 273) To be considered as such. Par. The same rule shall apply with respect to any aggravating circumstance inherent in the crime to such a degree that it must of necessity accompany the commission thereof(Art.…explosion” (Art. MUST be alleged in the information Cannot be offset by a mitigating circumstance act of all. par. are QuickTime™ TIFF (Uncompressed) decompressor 62. Ex: “That the crime be committed by means of …fire. It is not to be considered to increase the penalty for the crime of arson or for the crime involving destruction. When the public officer did not take advantage of the influence of his position. Rule 110. one of them will be appreciated as qualifying aggravating while the others will be considered as generic aggravating. If not alleged in the information. this aggravating circumstance is not present NOTE : Taking advantage of a public position is also inherent in the case of accessories under Art. concealing.2) 3. That the crime be committed in contempt of or with insult to public authorities Requisites: 1. Aggravating circumstances shall NOT be appreciated if: a) They constitute a crime specially punishable by law. (Sec. or c) From any personal cause. accomplices and accessories as to whom such circumstances and a attendant. 14: AGGRAVATING CIRCUMSTANCES Par. That advantage be taken by the offender of his public position Requisites: 1. 321) or a crime involving destruction (Art. 19. prestige. a qualifying aggravating circumstance will be considered generic May be offset by a mitigating circumstance. par. 204245). 62.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 maximum period but without exceeding the limit prescribed by law penalty than that specially prescribed by law for said crimes (People v. Except when there is proof of conspiracy in which case the act of one is deemed to be the ART. or b) It is included by the law in defining a crime with a penalty prescribed. 217). and therefore shall not be taken into account for the purpose of increasing the penalty.62. regardless of lack of knowledge of the facts constituting the circumstance. or b) In the means employed to accomplish it. Aggravating circumstances. falsification of a document committed by public officers (Art. (Art. b) From his private relations with the offended party. The circumstances which consist : a) In the material execution of the act. 2. 324). RULES ON AGGRAVATING CIRCUMSTANCES: 1. or assisting in the escape of the principal of the crime). 2. That the public authority is engaged in the exercise of his functions. and in crimes committed by public officers (Arts. (Art. Page 13 of 174 . 3 (harboring. 4. Ex: malversation (Art. par. 14. 2. Public officer must use the influence. 12) is in itself a crime of arson (Art. 3) are needed to see this picture. 171). 9. Aggravating circumstances which arise: a) From the moral attributes of the offender. 64Phil269. 4) 5. par. 1. Bayot. should be specifically alleged in the information AND proved as fully as the crime itself in order to increase the penalty. That he who is thus engaged in the exercise of said functions is not the person against whom the crime is committed. Offender is public officer 2. shall only serve to aggravate the liability of the principals. 2000 Rules of Criminal Procedure) 6. When there is more than one qualifying aggravating circumstance present. or ascendancy which his office gives him as means to realize criminal purpose It is not considered as an aggravating circumstance where taking advantage of official position is made by law an integral element of the crime or inherent in the offense. regardless of its kind.

while disregard of sex and age pertains to the relationship of the victim. (Ex: in parricide. be actually living or dwelling therein even for a temporary duration or purpose. AGE – may refer to old age or the tender age of the victim. seduction and rape) People vs. These circumstances shall only be QuickTime™ and a TIFF (Uncompressed) decompressor considered as needed aggravating circumstance. AGENT – subordinate public officer charged w/ the maintenance of public order and protection and security of life and property Ex: barrio vice lieutenant. it is enough that the victim was attacked inside his own house. not to the male sex. Councilors 5. It includes dependencies. He must. 152. Dwelling does not mean the permanent residence or domicile of the offended party or that he must be the owner thereof. abduction. the foot of the staircase and the enclosure under the house NOTES: The aggravating circumstance of dwelling requires that the crime be wholly or partly committed therein or in any integral part thereof. age. if the latter has not given provocation Rules regarding par 3(1): 1. 3. That the act be committed: (1) with insult or in disregard of the respect due the offended party on account of his (a)rank. When the condition of being a woman is indispensable in the commission of the crime. 3. that status is only for purposes of Art. or Page 14 of 174 . Rank. March 31. age and rank of the offended party. 1989 Disregard of sex and age are not absorbed in treachery because treachery refers to the manner of the commission of the crime. or (c) sex or (2) that it be committed in the dwelling of the offended party. one to see this picture. barrio councilman Par. Lapaz. The offender knows him to be a public authority. although the assailant may have devised means to perpetrate the assault from without. however. SEX– refers to the female sex. When the offender acted with passion and obfuscation.148) This is NOT applicable when committed in the presence of a mere agent. 2. His presence has not prevented the offender from committing the criminal act. age. While he is a person in authority under Art. (b) age. sex may be taken into account only in crimes against persons or honor. may be temporary as in the case of guests in a house or bedspacers. Chief of Police NOTE: A teacher or professor of a public or recognized private school is not a “public authority within the contemplation of this paragraph. 148 (direct assault) and Art. or person who is directly vested with jurisdiction and has the power to govern and execute the laws Ex: 1. It is not necessary that the accused should have actually entered the dwelling of the victim to commit the offense. RANK – The designation or title of distinction used to fix the relative position of the offended party in reference to others (There must be a difference in the social condition of the offender and the offended party). 3. are 2. The abuse of confidence which the offended party reposed in the offender by opening the door to him. they cannot be invoked in crimes against property. or sex is not applicable in the following cases: 1. When there exists a relationship between the offended party and the offender.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 3. PERSON IN AUTHORITY – public authority. The crime should not be committed against the public authority (otherwise it will constitute direct assault under Art. Mayor 3. Government agents 6. It must be shown that in the commission of the crime the offender deliberately intended to offend or insult the sex. DWELLING – must be a building or structure exclusively used for rest and comfort (combination of house and store not included). Governor 2. 4. 152 (resistance and disobedience). The AC of disregard of rank. What aggravates the commission of the crime in one’s dwelling: 1. Barangay captain/ chairman 4.

Requisites of obvious ungratefulness: 1. 3. qualified theft (Art. 3. dwelling is aggravating in robbery with violence against or intimidation of persons because this class of robbery can be committed without the necessity of trespassing the sanctity of the offended party’s house. Immediate to the commission of the crime. When both the offender and the offended party are occupants of the same house. 4 must be such clear and manifest ingratitude on the part of the accused. NOTE: The ungratefulness contemplated by par. Par. 315). Given by the owner of the dwelling. Par. 2. or where public authorities are engaged in the discharge of their duties. When robbery is committed by the use of force upon things. they cannot be lumped together. That the act be committed with: (1) abuse of confidence or (2) obvious ungratefulness There are two aggravating circumstances present under par. That the offender abused such trust by committing a crime against the offended party. 2. However. Meaning of provocation in the aggravating circumstance of dwelling: The provocation must be: 1. REASON: When it is the offended party who has provoked the incident. NOTE: Abuse of confidence is inherent in malversation (Art. 2. are of trespass to 3. or in his presence.4 which must be independently appreciated if present in the same case While one may be related to the other in the factual situation in the case. 5. Abuse of confidence requires a special confidential relationship between the offender and the victim. dwelling is not aggravating because it is inherent.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 2. The victim is not a dweller of the house. 337). Dwelling is not aggravating in the following cases: 1. and this is true even if offender is a servant in the house. That the offender abused such trust by committing a crime against the offended party. When the owner of the dwelling gave sufficient and immediate provocation. crime occurred in the public office 4. or in a place dedicated to religious worship. However. In the crime needed to see this picture. while this is not required for there to be obvious ungratefulness Requisites Of Abuse Of Confidence: 1. 2. There must exist a close relation between the provocation made by the victim and the commission of the crime by the accused. and 3. the offended party is deemed to have given the provocation. That the offended party had trusted the offender. estafa by conversion or misappropriation (Art. That the offended party had trusted the offender. and the fact that the crime is committed in the dwelling of the offended party is NOT an aggravating circumstance. That the crime be committed in the palace of the Chief Executive. Actual performance of duties is not necessary when crime is committed in the palace or in the presence of the Chief Executive Requisites Regarding Public Authorities: 1. if the paramour also dwells in the conjugal dwelling. the same is aggravating. he loses his right to the respect and consideration due him in his own house. That the abuse of confidence facilitated the commission of the crime. Sufficient. 217). 4. QuickTime™ and a TIFF (Uncompressed) decompressor 5. That the act be committed with obvious ungratefulness. The violation of the sanctity of the home by trespassing therein with violence or against the will of the owner. dwelling. 310). NOTE: If all these conditions are present. the applicable aggravating circumstance is abuse of confidence. Page 15 of 174 . exception: In case of adultery in the conjugal dwelling. and qualified seduction (Art. it is inherent or included by law in defining the crime.

however respectable they may be. public authorities are actually performing their public duties PAR. Par. or (2) the offender took advantage of the same to commit the crime A bare statement that crime was committed at night is insufficient. Contempt or authorities are engaged insult to public in the discharge of their authorities duties FOR BOTH. 30. 6. Cemeteries. there was a reasonable possibility of the victim receiving some help. In People vs. or (2) in an uninhabited place. they shall be considered separately. Berdida. 1975). nighttime was considered since it was purposely sought. When the offender took advantage thereof for the purpose of impunity QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. et. they can be considered separately if such circumstances have different factual bases. there was treachery as the victim was stabbed while lying face up and defenseless. or 3. a place at a considerable distance from town. et. The information must allege that nighttime was sought for or taken advantage of. or that it facilitated the crime GENERAL RULE: Nighttime is absorbed in treachery. The offender must have decided to commit the crime when he entered the place of worship Except for the third which requires that official functions are being performed at the time of the commission of the crime. It is not considered aggravating when the crime began at daytime. nighttime is not aggravating. 5. Where public PAR. 2. That the crime be committed (1) in the nighttime. When it facilitated the commission of the crime. 1966). Public authorities are in the performance of their duties Place where public duty is performed In their office.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 2. The offended party May or may not be the Public authority should public authority not be the offended party Requisites (Place Dedicated To Religious Worship): 1. nighttime need not be specifically sought for when (1) it facilitated the commission of the offense. Thus: In People vs. EXCEPTION: Where both the treacherous mode of attack and nocturnity were deliberately decided upon in the same case. NIGHTTIME (obscuridad) – that period of darkness beginning at the end of dusk and ending at dawn. where the houses are scattered at a great distance from each other Solitude must be sought to better attain the criminal purpose What should be considered here is whether in the place of the commission of the offense. The crime occurred in a place dedicated to the worship of God regardless of religion 2. uninhabited place or band aggravating: 1. UNINHABITED PLACE (despoblado) – one where there are no houses at all. When especially sought for by the offender to insure the commission of the crime or for the purpose of impunity. the other places mentioned are aggravating per se even if no official duties or acts of religious worship are being conducted there. Nighttime is not especially sought for when the notion to commit the crime was conceived of shortly before commission or when crime was committed at night upon a casual encounter However. and treachery was further appreciated because the victim’s hands and arms were tied together before he was beaten up by the accused. When the place of the crime is illuminated by light. al. or 2. al. (Jan. or (3) by a band. and nighttime was considered upon proof that it facilitated the commission of the offense and was taken advantage of by the accused. (June 30. Ong. are not considered as place dedicated to the worship of God. When nighttime. Commission of the crime must begin and be accomplished in the nighttime. Page 16 of 174 . whenever such circumstance may facilitate the commission of the offense NOTE: When present in the same case and their element are distinctly palpable and can subsist independently. Outside of their office.

Neither should they constitute a band.. The offender took advantage of the state of confusion or chaotic condition from such misfortune If the offended was PROVOKED by the offended party during the calamity/misfortune. “Aid of armed men” includes “armed women. “By a band” is aggravating in crimes against property or against persons or in the crime of illegal detention or treason but does not apply to crimes against chastity “By a band” is inherent in brigandage This aggravating circumstance is absorbed in the circumstance of abuse of superior strength Par. shipwreck. 4. That the accused availed himself of their aid or relied upon them when the crime was QuickTime™ and a TIFF committed. earthquake. 2. If there are three armed men or less. 2. It is meant to include everything that is done in the course of the trial. (Uncompressed) decompressor are needed to see this picture. 3. When the others were only “casually present” and the offender did not avail himself of any of their aid or when he did not knowingly count upon their assistance in the commission of the crime Par. When both the attacking party and the party attacked were equally armed. When This Aggravating Circumstance Shall Not Be Considered: . That he was previously convicted by final judgment of another crime.” It is employed in its general sense.” Par. they do not form a band because it is undoubtedly connoted that he had no direct participation. That the crime be committed on the occasion of a conflagration. That the accused is a recidivist RECIDIVIST – one who at the time of his trial for one crime. 7.That the crime be committed with the aid of (1) armed men or (2) persons who insure or afford impunity Requisites: 1. epidemic or other calamity or misfortune. Requisites: 1. Requisites: 1. not necessary. “With the aid of armed men” As to their number Requires more than three At least two armed malefactors (i. 9. aid of armed men is absorbed in employment of a band. MEANING OF “at the time of his trial for one crime. 2. That the offender is on trial for an offense. Par. and not when they were merely present at the crime scene. shall have been previously convicted by final judgment of another crime embraced in the same title of the RPC. 3. The crime was committed when there was a calamity or misfortune 2. including the rendering of the judgment. That armed men or persons took part in the commission of the crime. this aggravating circumstance may not be taken into consideration. When the accused as well as those who cooperated with him in the commission of the crime acted under the same plan and for the same purpose. 6 “By a band” Par. 1. 8.e.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 BAND (en cuadrilla) – whenever there are more than 3 armed malefactors that shall have acted together in the commission of an offense NOTE: There must be four or more armed men If one of the four-armed malefactors is a principal by inducement. 8. That the offender is convicted of the new offense. from Page 17 of 174 NOTE: This aggravating circumstance requires that the armed men are accomplices who take part in a minor capacity directly or indirectly. at least four) As to their action Requires that more than This circumstance is three armed malefactors present even if one of the shall have acted together offenders merely relied on in the commission of an their aid. aid of armed men may be the aggravating circumstance. for then the proper aggravating circumstance would be cuadrilla. That both the first and the second offenses are embraced in the same title of the Code. for actual aid is offense. If there are four armed men. directly or indirectly.

This is a generic aggravating circumstance. is found guilty of the said crimes a third time or oftener. Art. 9. they cannot be separately counted in order to constitute recidivism. even if the accused was granted a pardon for the first offense but he commits another felony embraced in the same title of the Code. 3. or c) For two or more crimes to which it attaches a lighter penalty than that for the new offense. Reiteracion or Habituality (par. recidivism affects only the periods of a penalty. not the time of the commission of the offense. robbery. title of the Code. Requisites Of Reiteracion Or Habituality: 1. Recidivism (par. 5) – Where a person within a period of ten years from the date of his release or last conviction of the crimes of serious or less serious physical injuries. Quasi-recidivism (Art. Exception: If the accused does not object and when he admits in his confession and on the witness stand.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 arraignment until after sentence is announced by the judge in open court. judgments of convicted handed down on the same day shall be considered as only one conviction. Since reiteracion provides that the accused has duly served the sentence for his previous conviction/s. 62. However. and 3. . REASON: Because the Code requires that to be QuickTime™ and a considered as TIFF (Uncompressed) decompressor at the time of separate convictions. theft. 14) – Where a person. it is necessary to allege the same in the information and to attach thereto certified copy of the sentences rendered against the accused. 10. 4. is convicted of two offenses embraced in the same title in the RPC. or is legally considered to have Page 18 of 174 Par. 10. the first conviction is still counted to make him a recidivist Being an ordinary aggravating circumstance. This is an extraordinary aggravating circumstance. 202) and gambling (PD 1602) wherein recidivism increases the penalties by degrees. estafa or falsification. No other generic aggravating circumstance produces this effect In recidivism it is sufficient that the succeeding offense be committed after the commission of the preceding offense provided that at the time of his trial for the second offense. offense As to the kind of offenses involved The previous and Requires that the subsequent offenses offenses be included must not be em in the same title of the braced in the same Code. on separate occasions. What is controlling is the TIME OF THE TRIAL. This is a special aggravating circumstance. That the offender has been previously punished for an offense to which the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty. Also. Art. 2. par. Amnesty extinguishes the penalty and its effects. hence. Recidivism must be taken into account no matter how many years have intervened between the first and second felonies. 14) – Where the offender has been previously punished for an offense to which the law attaches an equal or greater penalty or for two crimes to which it attaches a lighter penalty. except in prostitution and vagrancy (Art. 2. Multi-recidivism or Habitual delinquency (Art. THE FOUR FORMS OF REPETITION ARE: 1. This is a generic aggravating circumstance. the accused had already been convicted of the first offense. That the accused is on trial for an offense. his trial for one crime the accused shall have been previously convicted by final judgment of the other. Thus. That he is convicted of the new offense HABITUALITY RECIDIVISM As to the first offense It is necessary that the It is enough that a offender shall have final judgment has served out his been rendered in the sentence for the first first offense. they shall be considered as only one. If both offenses were committed on the same date. are needed to see this picture. GENERAL RULE: To prove recidivism. 160) – Where a person commits felony before beginning to serve or while serving sentence on a previous conviction for a felony. That he previously served sentence for another offense to which the law attaches an a) Equal or b) Greater penalty. pardon does not obliterate the fact that the accused was a recidivist.

derailment of a locomotive.It affects the person who received the price / reward as well as the person who gave it. Par. If without previous promise it was given voluntarily after the crime had been committed as an expression of his appreciation for the sympathy and aid shown by the other accused. 2. Par. 13. or promise should be previous to and in consideration of the commission of the criminal act NOTE: The circumstance is applicable to both principals . To establish evident premeditation. it must be shown that there was a period sufficient to afford full opportunity for meditation and reflection. reward or promise need not consist of or refer to material things or that the same were actually delivered. When the victim is different from that intended. or by use of any artifice involving great waste and ruin The circumstances under this paragraph will only be considered as aggravating if and when they are used by the offender as a means to accomplish a criminal purpose When another aggravating circumstance already qualifies the crime. However. of a vessel or intentional damage thereto. et. the crime is qualified to murder. If the same set of facts constitutes recidivism and reiteracion. fire. premeditation is not aggravating. Par. al. reward or promise. fire. The price. Essence of premeditation: The execution of the criminal act must be preceded by cool thought and reflection upon the resolution to carry out the criminal intent during the space of time sufficient to arrive at a calm judgment. reward.. An act manifestly indicating that the culprit has clung to his determination. It must be shown that the offender had sufficient time to reflect upon the consequences of his act but still persisted in his determination to commit the crime. quasi-recidivism cannot at the same time constitute reiteracion. the liability of the accused should be aggravated by recidivism which can easily be proven. PAR. The crime is committed on the occasion of a calamity or misfortune. to allow him to reflect upon the consequences of his act and to allow his conscience to overcome the resolution of his will. hence this aggravating circumstance cannot apply to a quasi-recidivist. stranding this picture. etc.are needed to seeexplosion. decompressor (Uncompressed) inundation. and 3. shipwreck.” The crime is committed by means of any such acts involving great waste or ruin.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 done so. 12. The time when the offender determined to commit the crime. GR No. PAR. The inducement must be the primary consideration for the commission of the crime. 140871. That the act be committed with evident premeditation Requisites: The prosecution must prove – 1. 2002) Premeditation is absorbed by reward or promise. There are at least 2 principals: • The principal by inducement (one who offers) • The principal by direct participation (accepts) 2. 12 “by means of inundation. 7 “on the occasion of a conflagration. a time adequate to allow the conscience to overcome the resolution of the will. it should not be taken into consideration for the purpose of increasing the penalty. if the Page 19 of 174 . 11. That the crime be committed in consideration of price. (PEOPLE vs. any of these aggravating circumstances shall be considered as generic aggravating circumstance only When used as a means to kill another person. August 8. A sufficient lapse of time between the determination and execution. etc. Requisites: 1. The price. That the crime be committed by means of QuickTime™ and a TIFF poison. it being sufficient that the offer made by the principal by inducement be accepted by the principal by direct participation before the commission of the offense. SILVA. as well as outward acts showing the intent to kill.

December 17. That (1) craft. Masilang (July 11. When there are several offenders participating in the crime. or they may co-exist independently where they are adopted for a different purpose in the commission of the crime. A chicanery resorted to by the accused to aid in the execution of his criminal design. such as the use of a mask or false hair or beard.. Abuse of superior strength is inherent in the crime of parricide where the husband kills the wife. or disguise to facilitate the commission of the crime. defenseless driver. Abuse of superior strength is also present when the offender uses a weapon which is out of proportion to the defense available to the offended party. (2) fraud. Ex: In People vs. or (3) disguise be employed. it was held that there was craft directed to the theft of the QuickTime™ and a vehicle. fraud is present. where the accused pretended to hire the driver in order to get his vehicle. 15 contemplates two aggravating circumstances. fraud. It is generally accepted that the husband is physically stronger than the wife. 147649. the accused requested the driver to take them to a place to visit somebody. separate from the means TIFF (Uncompressed) decompressor are needed to treacherously kill the subsequently usedto see this picture. 15. Page 20 of 174 . 2. 22. DISGUISE (disfraz) – resorting to any device to conceal identity. 14. 2002) No Advantage Of Superior Strength In The Following: 1. FRAUD (fraude) – insidious words or machinations used to induce the victim to act in a manner which would enable the offender to carry out his design. GR No. 1980). FRAUD Where there is a direct inducement by insidious words or machinations. Requisite The offender must have actually used craft. or (2) means be employed to weaken the defense. (PEOPLE vs. either of which qualifies a killing to murder. That (1) advantage be taken of superior strength. Par. Par. al. because whoever is killed by him is contemplated in his premeditation. they must ALL be principals by direct participation and their attack against the victim must be concerted and intended to be so. 1986) there was also craft where after hitching a ride. It is employed as a scheme in the execution of the crime. One who attacks another with passion and obfuscation does not take advantage of his superior strength. when in fact they had already planned to kill the driver. The test of disguise is whether the device or contrivance resorted to by the offender was intended to or did make identification more difficult. LOBRIGAS. et. Craft and fraud may be absorbed in treachery if they have been deliberately adopted as the means. methods or forms for the treacherous strategy. In People vs. The use of an assumed name in the publication of a libel constitutes disguise. CRAFT The act of the accused done in order not to arouse the suspicion of the victim constitutes craft. San Pedro (Jan.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 offender premeditated on the killing of any person. Par. When a quarrel arose unexpectedly and the fatal blow was struck at a time when the aggressor and his victim were engaged against each other as man to man. TEST for abuse of superior strength: the relative strength of the offender and his victim and whether or not he took advantage of his greater strength. it is proper to consider against the offender the aggravating circumstance of premeditation. MEANING OF “advantage be taken”: To deliberately use excessive force that is out of proportion to the means for self-defense available to the person attacked. CRAFT (astucia) – involved the use of intellectual trickery or cunning on the part of the accused.

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007
“BY A BAND” “ABUSE OF SUPERIOR STRENGTH” The gravamen of abuse of superiority is the taking advantage by the culprits of their collective strength to overpower their relatively weaker victim or victims. Hence, what is taken into account here is not the number of aggressors nor the fact that they are armed, but their relative physical strength vis-a vis the offended party. NOTE: Abuse of superior strength absorbs cuadrilla (“band”). MEANING OF “Means employed to weaken defense” - the offender employs means that materially weaken the resisting power of the offended party. Ex: 1. Where one, struggling with another, suddenly throws a cloak over the head of his opponent and while in this situation he wounds or kills him. 2. One who, while fighting with another, suddenly casts sand or dirt upon the latter eyes and then wounds or kills him. 3. When the offender, who had the intention to kill the victim, made the deceased intoxicated, thereby materially weakening the latter’s resisting power. QuickTime™ andapplicable only to NOTE: This circumstance decompressor is a TIFF (Uncompressed) are needed to see this picture. crimes against persons, and sometimes against person and property, such as robbery with physical injuries or homicide. Par. 16. That the act be committed with treachery (alevosia) TREACHERY – when the offender commits any of the crimes against the person, employing means, methods or forms in the execution thereof which tend directly and specially to insure its execution without risk to himself arising from the defense which the offended party might make. Requisites: 1. That at the time of the attack, the victim was not in a position to defend himself; and 2. That the offender consciously adopted the particular means, method or form of attack employed by him. TEST: It is not only the relative position of the parties but, more specifically, whether or not the victim was forewarned or afforded the opportunity to make a defense or to ward off the attack. Rules Regarding Treachery: 1. Applicable only to crimes against persons. 2. Means, methods or forms need not insure accomplishment of crime. 3. The mode of attack must be consciously adopted. Treachery is taken into account even if the crime against the person is complexed with another felony involving a different classification in the Code. Accordingly, in the special complex crime of robbery with homicide, treachery but can be appreciated insofar as the killing is concerned. The suddenness of attack in itself does not constitute treachery, even if the purpose was to kill, so long as the decision was made all of a sudden and the victim’s helpless position was accidental. Treachery applies in the killing of a child even if the manner of attack is not shown. Treachery must be convincing evidence proved by clear and

The element of band is appreciated when the offense is committed by more than three armed malefactors regardless of the comparative strength of the victim or victims.

Treachery is considered against all the offenders when there is conspiracy. WHEN MUST TREACHERY BE PRESENT: 1. When the aggression is continuous, treachery must be present in the beginning of the assault. (PEOPLE vs. MANALAD, GR No. 128593, August 14, 2002) Thus, even if the deceased was shot while he was lying wounded on the ground, it appearing that the firing of the shot was a mere continuation of the assault in which the deceased was
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Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007
wounded, with no appreciable time intervening between the delivery of the blows and the firing of the shot, it cannot be said that the crime was attended by treachery. 2. When the assault was not continuous, in that there was interruption, it is sufficient that treachery was present at the moment the fatal blow was given. Hence, even though in the inception of the aggression which ended in the death of the deceased, treachery was not present, if there was a break in the continuity of the aggression and at the time of the fatal wound was inflicted on the deceased he was defenseless, the circumstance of treachery must be taken into account. Treachery Should Be Considered Even If: 1. The victim was not predetermined but there was a generic intent to treacherously kill any first two persons belonging to a class. (The same rule obtains for evident premeditation). 2. There was aberratio ictus and the bullet hit a person different from that intended. (The rule is different in evident premeditation). 3. There was error in personae, hence the victim was not the one intended by the accused. (A different rule is applied in evident premeditation). REASON FOR THE RULE: When there is treachery, it is impossible for either the intended victim or the actual victim to defend himself against the aggression. TREACHERY ABSORBS: 1. Craft 2. Abuse of superior strength 3. Employing means to weaken the defense QuickTime™ and a TIFF (Uncompressed) decompressor 4. Cuadrilla (“band”) are needed to see this picture. 5. Aid of armed men 6. Nighttime TREACHERY ABUSE OF SUPERIOR STRENGTH Offender does not employ means, methods or forms of attack, he only takes advantage of his superior strength MEANS EMPLOYED TO WEAKEN DEFENSE Means are employed but it only materially weakens the resisting power of the offended party

Means, methods or forms are employed by the offender to make it impossible or hard for the offended party to put any sort of resistance

Par. 17. That means be employed or circumstances brought about which add ignominy to the natural effects of the act IGNOMINY – is a circumstance pertaining to the moral order, which adds disgrace and obloquy to the material injury caused by the crime. MEANING OF “which add ignominy to the natural effects thereof” The means employed or the circumstances brought about must tend to make the effects of the crime more humiliating to victim or to put the offended party to shame, or add to his moral suffering. Thus it is incorrect to appreciate ignominy where the victim was already dead when his body was dismembered, for such act may not be considered to have added to the victim’s moral suffering or humiliation. (People vs. Carmina, G.R. No. 81404, January 28, 1991) Applicable to crimes against chastity, less serious physical injuries, light or grave coercion, and murder. Par. 18. That the crime be committed after an unlawful entry. UNLAWFUL ENTRY - when an entrance is effected by a way not intended for the purpose. NOTE: Unlawful entry must be a means to effect entrance and not for escape. REASON FOR AGGRAVATION: One who acts, not respecting the walls erected by men to guard their property and provide for their personal safety, shows a greater perversity, a greater audacity; hence, the law punishes him with more severity.

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Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007
Par. 19. That as a means to the commission of a crime, a wall, roof, floor, door, or window be broken. Intended to counteract the great facilities found by modern criminals in said means to commit crime and flee and abscond once the same is committed. Use of motor vehicle is aggravating where the accused purposely and deliberately used the motor vehicle in going to the place of the crime, in carrying away the effects thereof, and in facilitating their escape. MEANING OF “or other similar means” Should be understood as referring to motorized vehicles or other efficient means of transportation similar to automobile or airplane.

Applicable only if such acts were done by the offender to effect ENTRANCE. If the wall, etc., is broken in order to get out of the place, it is not an aggravating circumstance. It is NOT necessary that the offender should have entered the building Therefore, If the offender broke a window to enable himself to reach a purse with money on the table near that window, which he took while his body was outside of the building, the crime of theft was attended by this aggravating circumstance. PAR. 19 It involves the breaking (rompimiento) of the enumerated parts of the house. PAR. 18 Presupposes that there is no such breaking as by entry through the window.

Par. 21. That the wrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary for its commission CRUELTY – there is cruelty when the culprit enjoys and delights in making his victim suffer slowly and gradually, causing unnecessary physical pain in the consummation of the criminal act. Requisites: 1. That the injury caused be deliberately increased by causing other wrong; 2. That the other wrong be unnecessary for the execution of the purpose of the offender. Cruelty is not inherent in crimes against persons. In order for it to be appreciated, there must be positive proof that the wounds found on the body of the victim were inflicted while he was still alive in order unnecessarily to prolong physical suffering. Cruelty cannot be presumed If the victim was already dead when the acts of mutilation were being performed, this would also qualify the killing to murder due to outraging of his corpse. IGNOMINY (PAR.17) Involves MORAL suffering CRUELTY (PAR. 21) Refers to PHYSICAL suffering

NOTE: Breaking in is lawful in the following instances: 1. An officer, in order to make an arrest, may break open a door or window of any building in which the person to be arrested is or is reasonably believed to be; 2. An officer, if refused admittance, may break open any door or window to execute the search warrant or liberate himself, 3. Replevin, Section 4, Rule 60 of the Rules of Court Par. 20. That the crime be committed (1) with the aid of persons under fifteen (15) years of age, or (2) by means of motor vehicles, airships, or other similar means.
QuickTime™ and a TWO DIFFERENT CIRCUMSTANCES GROUPED TIFF (Uncompressed) decompressor are needed IN THIS PARAGRAPH: to see this picture. 1. With the aid of persons under fifteen years of age: Intends to repress, so far as possible, the frequent practice resorted to by professional criminals to avail themselves of minors taking advantage of their irresponsibility. 2. By means of motor vehicles, airships, or other similar means:

Unlike mitigating circumstances (par. 10, Art. 13), there is NO provision for aggravating circumstances of a similar or analogous character.

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15 Concept of Alternative Circumstances BASIS: The nature and effects of the crime and the other conditions attending its commission. 2. even if the offended party is a descendant of the offender. 2. if the offended party is a relative of a lower degree. REASON: It is the duty of the stepparents QuickTime™ and a to bestow upon their TIFF (Uncompressed) decompressor stepchildren a mother’s/father’s affection. Thus. Ascendant. 314) and arson (Arts. by analogy to the provisions of Art. But the serious physical injuries must not be inflicted by a parent upon his child by excessive chastisement. The relationship of adopted parent and adopted child. THE ALTERNATIVE CIRCUMSTANCES ARE: 1. adultery and concubinage). 336). Intoxication. 2. Relative by affinity in the same degree of the offender. 263). are needed to see this picture. NOTE: But the relationship of uncle and niece is not covered by any of the relationship mentioned. 294-302). or adopted brother or sister. (e. 3. parricide. RELATIONSHIP The alternative circumstance of relationship shall be taken into consideration when the offended party is the – 1. brothers) b) But when it comes to physical injuries: i. ALTERNATIVE CIRCUMSTANCES – Those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and the other conditions attending its commission. relationship is aggravating where a stepfather raped his stepdaughter or in a case where a father raped his own daughter. It is aggravating when the crime involves serious physical injuries (Art. 3. It is mitigating when the offense committed is less serious physical injuries or slight physical injuries. because it is inseparable from and inherent in the offense. when the offender and the offended party are relatives of the same level (e. a higher degree than the offender. c) When the crime is homicide or murder. care and protection.g. When the qualification given to the crime is derived from the relationship between the offender and the offended party. ii. 325-326). 321-322. 2. relationship is mitigating in the crimes of robbery (Arts. Relationship. In crimes against persons – a) It is aggravating where the offended party is a relative of I. it is neither mitigating nor aggravating. Page 24 of 174 . fraudulent insolvency (Art. The relationship of stepfather or stepmother and stepson or stepdaughter. ART. Descendant. and 3. Spouse. 312). natural. relationship is mitigating in crimes against property. or II. Other Relatives Included (By Analogy): 1. relationship is always aggravating. Degree of instruction and education of the offender. or 5.g. relationship is aggravating even if the victim of the crime is a relative of a lower degree. In crimes against chastity. Legitimate. 4. As a rule. 332. regardless of whether the offender is a relative of a higher or lower degree of the offended party. iii.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 CHAPTER FIVE ALTERNATIVE CIRCUMSTANCES When Relationship Mitigating And When Aggravating: 1. like acts of lasciviousness (Art. d) In rape. usurpation (Art. It is aggravating if the offended party is a relative of a higher degree of the offender.

arson. GENERAL RULE: Lack of sufficient education is QuickTime™ and a TIFF (Uncompressed) decompressor mitigating. or subsequent to the plan to commit the felony. EXCEPTION: Under Art. the accused has taken such quantity of alcoholic drinks as to blur his reason and deprive him of a certain degree of control. If intoxication is not subsequent to the plan to commit a felony. EXCEPTIONS: 1. However. Active subject (the criminal) Art. Crimes against property (e. and the State. the juristic person.16. when the offender took advantage of his learning in committing the crime. liability. or ii. Refers to the lack or presence of sufficient intelligence and knowledge of the full significance of one’s acts.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 INTOXICATION When Intoxication Mitigating And When Aggravating: 1. theft. estafa.g. This article applies only when the offenders are to be judged by their individual. INSTRUCTION OR EDUCATION As an alternative circumstance it does not refer only to literacy but more to the level of intelligence of the accused. and not collective. TITLE TWO PERSONS CRIMINALLY LIABLE FOR FELONIES ART. 2. High degree of instruction and education is aggravating. It Must Be Shown: 1. 253. the social wrong as well as the individual prejudice is so small that penal sanction is unnecessary. it is presumed to be non-habitual or unintentional. To be mitigating. Aggravating – i. To Be Entitled To The Mitigating Circumstance Of Intoxication. or ii. and 3. Crimes against chastity. 2. the group. That such intoxication is not habitual. however unlettered or uncultured he may be. Passive subject (the injured party) Is the holder of the injured right: the man. Note: Only natural persons can be the active subject of crime because of the highly personal nature of the criminal responsibility. corporation and partnership can be a passive subject of a crime. the crime of defamation may be committed if the imputation tends to blacken the memory of one who is dead. If it is intentional (subsequent to the plan to commit a felony). robbery) 2. That at the time of the commission of the criminal act. the accused’s state of intoxication must be proved. in the absence of proof to the contrary. and 2.WHO ARE CRIMINALLY LIABLE Note that accessories are not liable for light felonies. 16 enumerates the active subjects of the crime. are needed to see this picture. REASON: In the commission of light felonies. accomplice or an accessory is essential under the RPC. There Are Two Parties In All Crimes: 1. If intoxication is habitual. Mitigating – i. Low degree of instruction and education or lack of it is generally mitigating. Page 25 of 174 . Treason – because love of country should be a natural feeling of every citizen. The classification maybe applied to special laws only if the latter provides for the same graduated penalties as those provided under the RPC. If intoxication is not habitual. GENERALLY: Corpses and animals cannot be passive subjects because they have no rights that may be injured. The classification of the offenders as principal. Once intoxication is established by satisfactory evidence.

unless the crime agreed to be committed is treason. Presence during the commission of the crime by a band and lending moral support thereto. Under conspiracy. Principal by DIRECT PARTICIPATION (par.3) • Par. Conspiracy is negated by the acquittal of codefendant. That the inducement be made directly with the intention of procuring the commission of the crime. NOTES: Conspirator is not liable for the crimes of the others which are not the object of the conspiracy nor are logical or necessary consequences thereof Regarding multiple rape – each rapist is liable for another’s crime because each cooperated in the commission of the rapes perpetrated by the others EXCEPTION: in the crime of murder w/ treachery – all the offenders must at least know that there will be treachery in executing the crime or cooperate therein. there can be no principal by inducement (or by indispensable cooperation) unless there is a principal by direct participation. coup d’ etat or rebellion. Active cooperation by all the offenders in the perpetration of the crime 3. those who did not participate in the commission of the acts of execution cannot be held criminally liable. 2 – Principals by induction Requisites: 1.2) 3. Par. although he was not present in the scene of the crime. Principal by INDISPENSABLE COOPERATION (par.1) 2. NOTE: If the second element is missing.17. While conspiracy may be implied from the circumstances attending the commission of the crime. personally taking part in its execution.PRINCIPALS THREE TYPES OF PRINCIPALS: 1. sedition. However. it is nevertheless a rule that conspiracy must be established by positive and conclusive evidence. Ex: One serving as guard pursuant to the conspiracy is a principal by direct participation CONSPIRACY – there is unity of purpose and intention. Contribution by positive acts to the realization of a common criminal intent 4. 1 – Principals by direct participation Requisites: 1. Spontaneous agreement at the moment of the commission of the crime 2. special laws may make one a co-principal. How conspiracy is established: a QuickTime™ and decompressor • It is proven by TIFF (Uncompressed) this picture. • Unity of purpose and intention in the commission of the crime may be shown in the following cases: 1. That they carried out their plan and personally took part in its execution by acts which directly tended to the same end. Thus. One cannot be held guilty of having instigated the commission of the crime without first being shown that the crime was actually committed (or attempted) by another. and (conspiracy) 2. But there can be a principal by direct participation without a Page 26 of 174 . and 2.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ART. he is equally liable as a principal by direct participation. Principal by INDUCTION (par. That they participated in the criminal resolution. That such inducement be the determining cause of the commission of the crime by the material executor. MEANING OF “personally took part in its execution” That the principal by direct participation must be at the scene of the commission of the crime. reasonable overt acttoand beyond are needed see doubt • Mere knowledge or approval is insufficient • It is not necessary that there be formal agreement • Conspiracy is implied when the accused had a common purpose and were united in execution. No such thing as conspiracy to commit an offense through negligence.

b) Causing uncontrollable fear. Words used be so direct. b) Using words of command The person who used the words of command is a principal by inducement while the person who committed the crime because of the words of command is a principal by direct participation. the proponent becomes a principal by inducement. However. so powerful 4. The material executor is not criminally liable because of Art. Otherwise. it cannot be said that the inducement was influential in producing the criminal act. PRINCIPAL BY INDUCEMENT OFFENDER WHO MADE PROPOSAL TO COMMIT A FELONY In both There is an inducement to commit a crime When liable Becomes liable only when the crime is committed by the principal by direct participation. Page 27 of 174 . pars. Two Ways Of Becoming Principal By Induction: 1. The mere proposal to commit a felony is punishable in treason or rebellion. But if the one charged as principal by direct participation is acquitted because he acted without criminal intent or malice. Effects Of Acquittal Of Principal By Direct Participation Upon Liability Of Principal By Inducement: 1. By directly forcing another to commit a crime by : a) Using irresistible force. or offering of reward or promise. In these cases. 5 and 6 (exempting circumstances) 2. The inducement must precede the act induced and must be so influential in producing the criminal act that without it. There is collective criminal responsibility. Only the one using the force or causing the fear is criminally liable. 12. There is also collective criminal responsibility. REASON FOR THE RULE: In exempting circumstances. If the person who actually committed the crime had reason of his own to commit the crime. Mere imprudent advice is not inducement. so efficacious.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 principal by inducement (or by indispensable cooperation). such as when the act is not voluntary because of lack of intent on the part of the accused. Command be uttered prior to the commission QuickTime™ and a 5. not even a unity of criminal purpose and intention. What kind of crime involved Involves any crime The proposal to be punishable must involve only treason or rebellion. there is a crime NOTE: Words uttered in the heat of anger and in the nature of the command that had to be obeyed do not make one an inductor. the act would not have been performed. Commander has ascendancy or influence 3. By directly inducing another to commit a crime by – a) Giving of price. Requisites for words of command to be considered inducement: 1. there is no conspiracy. The one giving the price or offering the reward or promise is a principal by inducement while the one committing the crime in consideration thereof is a principal by direct participation. 2. Conspiracy is negatived by the acquittal of codefendant. One cannot be held guilty of having instigated the commission of a crime without first being shown that the crime has been actually committed by another. Executor had (Uncompressed) decompressor no personal reason TIFF are needed to see this picture. Commander has the intention of procuring the commission of the crime 2. his acquittal is not a ground for the acquittal of the principal by inducement. the person to whom the proposal is made should not commit the crime.

That he cooperates in the execution of the offense by previous or simultaneous acts. there must be a principal by direct participation. Collective Criminal Responsibility: This is present when the offenders are criminally liable in the same manner and to the same extent. QuickTime™ and a Individual Criminal Responsibility: TIFF (Uncompressed) decompressor QUASI-COLLECTIVE criminal responsibility: Some of the offenders in the crime are principals and the others are accomplices. and 2. Principals by induction. They act as mere instruments that perform acts not essential to the perpetration of the offense Requisites: (the following must concur) 1. (except those who directly forced another to commit a crime) and principals by direct participation have collective criminal responsibility. By profiting themselves or assisting the offender to profit by the effects of the crime. The person charged as an accomplice should not have inflicted a mortal wound. and 2. or community of criminal design. . which are not indispensable to the commission of the crime. In case of doubt. the participation of the offender will be considered that of an accomplice rather than that of a principal.ACCOMPLICES– ACCOMPLICES . That there be a relation between the acts done by the principal and those attributed to the person charged as an accomplice. there is either anterior conspiracy or unity of criminal purpose and intention immediately before the commission of the crime charged. take part subsequent to its commission in any of the following acts: a. ART. that is.19. Principals by direct participation have collective criminal responsibility. But that common will or purpose does not necessarily mean previous understanding.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 committed. and 3. are needed to see this picture. MEANING OF “cooperation in the commission of the offense” To desire or wish in common a thing.18. without which it would not have been accomplished. Par. NOTE: If the cooperation is not indispensable. The penalty to be imposed must be the same for all. for it can be explained or inferred from the circumstances of each case. 3 – Principal by indispensable cooperation Requisites: 1. If he inflicted a mortal wound. that is. only that the accused is not a criminal. 2. the offender is only an accomplice. Cooperation in the commission of the offense by performing another act. he concurs with the latter his purpose. having knowledge of the commission of the crime. with the intention of supplying material or moral aid in the execution of the crime in an efficacious way. That there be community of design. without having participated therein either as principals or accomplices. Page 28 of 174 In the absence of any previous conspiracy. knowing the criminal design of the principal by direct participation. unity of criminal purpose and intention immediately before the commission of the crime. NOTES: Before there could be an accomplice. ART. he becomes a principal by direct participation. Participation in the criminal resolution.ACCESSORIES Accessories are those who: 1. the criminal responsibility arising from different acts directed against one and the same person is considered as individual and not collective. Principals by indispensable cooperation have collective criminal responsibilities with the principals by direct participation. and each of the participants is liable only for the act committed by him.Persons who do not act as principals but cooperate in the execution of the offense by previous and simultaneous acts.

Assisting the offender to profit by the effects of the crime. Treason. the needed to see decompressor against the separate charge are principal because the criminal responsibilities are distinct from each other Two classes of accessories contemplated in par. Murder. The accessory is a public officer. The public officer acts with abuse of his public functions. GENERAL RULE: If the Principal is acquitted the Accessory is also acquitted. PUBLIC officers.person received and used property from another. 3160). EXAMPLE: PAR. 2 . 3 of art. 2. conceals. That the principal is known to be habitually guilty of some other crime.placing a weapon in the hand of the dead who was unlawfully killed to plant evidence. conceal or assist in the escape of the author of the crime – guilty of treason. 3. the accessory must receive the property from the principal. c. However. He harbors. but the principal is covered by exempting circumstances (Art 12) and as a result he is not held liable. The crime committed by the principal is any crime. conceal or assist in the escape of the author of the crime who is guilty of treason. he can be held criminally responsible and meted out the corresponding penalty (Inovero vs. murder or an attempt against the life of the President. He harbors. provided it is not a light felony. Requisites: 1. however. hence. it is possible that the accessory may still be held liable even if the principal was acquitted by an exempting circumstance Trial of accessory may proceed without awaiting QuickTime™ and a the result of TIFF (Uncompressed) this picture. Page 29 of 174 .G. The accessory is a private person. b. d. 116) but as a principal thereof. or who is known to be habitually guilty of some crime. knowing it was stolen PAR. Requisites: 1. mere silence does not make one an accessory.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 b. The responsibility of the accessory is subordinate to that of the principal in a crime Exception: When the crime was in fact committed by the principal. He should not take it without the consent of the principal. 2. conceal or assist in the escape of the principal of any crime (not light felony) with abuse of his public functions b) private persons who harbor. or burying the deceased who was killed by the principals PAR. 3. murder. or assists in the escape of the principal. An attempt against the life of the President. c. parricide. If he took it without the consent of the principal. 2 must have been intended to prevent the discovery of the crime. Coronel. conceal or assist in the escape of the principal of any crime (not light felony) with abuse of his public functions. or attempts against the life of the President. If. or who is known to be habitually guilty of some other crime. 2. The prescribed acts of the accessory under par. Where the accused misleads the authorities by giving them false information. the crime involved is a conspiracy to commit treason. 65 O. 19 1. parricide. or e. conceals or assists in the escape of the author of the crime. such act is equivalent to concealment and he should be held as an accessory. Neither the letter nor the spirit of the law requires that the principal be convicted before one may be punished as an accessory. his silence may hold him liable for misprision of treason (Art. 4. In profiting by the effects of the crime. The crime committed by the principal is either: a. PRIVATE persons who harbor. 1 . As long as the corpus delicti is proved and the accessory’s participation as such is shown. Parricide. 3 . CA. he is not an accessory but a principal in the crime of theft. who harbor.a) public officers who harbor. By concealing or destroying the body of the crime to prevent its discovery.

profited by the effects of the crime. keeping. Different Juridical Conditions Of Penalty: 1. the ties of blood and the preservation of the cleanliness of one’s name.ACCESSORIES WHO ARE EXEMPT FROM CRIMINAL LIABILITY BASIS: QuickTime™ and a TIFF (Uncompressed) decompressor The exemption provided for in this article is based on are needed to see this picture. REASON: Ties of blood or relationship constitutes a more powerful incentive than the call of duty. or in any other manner dealing in anything of value which a person knows or should have known to be derived from the proceeds of the crime of robbery or theft. assisted the offender to profit by the effects of the crime.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 PRINCIPAL Takes direct part or cooperates in. P. 2. ascendant. with intent to gain. frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal cases. DECREE 1612 NOTES: Nephew and Niece not included Public officer contemplated in par. 19 is exempt by reason of relationship to the principal. The benefits of the exception in Art.D. receiving. even if such public officer acted with abuse of his official functions. sister or relative by affinity within the same degree. of buying. spouse. FENCING– is an act. TITLE THREE PENALTIES Chapter One : PENALTIES IN GENERAL ART. descendant. ANTI-FENCING LAW OF 1979 PRES. 3 of Art. selling. or PENALTY – suffering inflicted by the State for the transgression of a law. natural or adopted brother. or induces the commission of the crime cooperates in the commission of the offense by acts either prior thereto or simultaneous therewith Participates during commission of the crime ACCESSORY Does NOT take direct part or cooperates in.20. legitimate. FENCE– is a person who commits the act of fencing. or induces the commission of the crime does not take part in the commission of the offense Participation of the accessory in all cases always SUBSEQUENT to the commission of the crime 3. Accessory Is Not Exempt From Criminal Liability Even If The Principal Is Related To Him. Must be commensurate with the offense – different crimes must be punished with different penalties. impedes. possessing. A fence who receives stolen property as aboveprovided is not an accessory but a principal in the crime defined in and punished by the Anti-Fencing Law. Mere possession of anything of value which has been the subject of robbery or theft shall be prima facie evidence of fencing. Page 30 of 174 . 1829 penalizes the act of any person who knowingly or willfully obstructs. REASON: Because such acts are prompted not by affection but by a detestable greed. which compels one to conceal crimes committed by relatives so near as those mentioned in this article. or 4. without however affecting the integrity of the human personality. 20 do not apply to PD 1829. or 2. or 2. Must be productive of suffering. AN ACCESSORY IS EXEMPT FROM CRIMINAL LIABLITY WHEN THE PRINCIPAL IS HIS : 1. If Such Accessory – 1.

The new or amendatory law does NOT provide against its retrospective application. Prevention – to prevent or suppress the danger to the State arising from the criminal act of the offender. if it was “not prescribed by law prior to its commission” (US vs. Social defense are needed to see this its inflexible severity – shown by picture. or falsification. TIFF (Uncompressed) 3. or makes it greater than it was. and a man cannot be expected to obey an order that has not been given. ART.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 3. The sentence has been passed but service has not begun 3. and rests primarily on the moral rightfulness of the punishment inflicted (to secure justice).21. (Art. The offender is NOT a habitual criminal (delinquent) under Art.RETROACTIVE EFFECT OF PENAL LAWS NOTE: According to Reyes. Three-Fold Purpose Of Penalty Under The Code: 1. and moral principles to be vindicated. 2. Must be personal – no one should be punished for the crime of another. 2. 7. 62(5). The basis of the right to punish violations of penal law is the police power of the State. 3. cannot be made so by statute without violating the constitutional inhibition as to ex post facto laws. 4. to recidivists and habitual delinquents. EX POST FACTO LAW . An ex post facto law is one which: 1. The sentence is being carried out HABITUAL DELINQUENT . Self-defense – so as to protect society from the threat and wrong inflicted by the criminal. Must be equal for all. Justice – that crime must be punished by the State as an act of retributive justice. GENERAL RULE: Penal laws are applied prospectively.22. Its application to the RPC can only be invoked where some former or subsequent law is under consideration. Subsidiary penalty for a crime cannot be imposed. Must be certain – no one may escape its effects. 21 simply announces the policy of the state as regards punishment of crimes) . It is a guaranty to the citizens of this country that no act will be considered criminal until the Government has made it so by law and has provided a penalty. 5. Makes criminal an act done before the passage of the law and which was innocent when done. Exemplarity – the criminal is punished to serve as an example to deter others from committing crimes. Macasaet 11Phil. Must be legal – it is the consequence of a judgment according to law. 4.447) ART. estafa. Purpose Of The State In Punishing Crimes The State has an existence of its own to maintain. a vindication of absolute right and moral law violated by the criminal. Aggravates a crime. 5. is found guilty of any said crimes a third time or oftener. REASON: Because a law cannot be rationally obeyed unless it is first shown. Reformation – the object of punishment in criminal cases is to correct and reform the offender.An act which when committed was not a crime. when committed. Correction or reformation – shown by the rules which regulate the execution of the penalties QuickTime™ and a consisting in deprivation of decompressor liberty. The favorable retroactive effect of a new law may find the defendant in one of the 3 situations: 1. EXCEPTION: When retrospective application will be favorable to the person guilty of a felony. Page 31 of 174 Theories Justifying Penalty: 1. a conscience to assert. Penal justice must therefore be exercised by the State in the service and satisfaction of a duty. 6. theft.PENALTIES THAT MAY BE IMPOSED RULE: A felony shall be punishable only by the penalty prescribed by law at the time of its commission. 2. 2.A person who. Must be correctional. The crime has been committed and the prosecution begins 2. Provided that: 1. within a period of ten years from the date of his release or last conviction of the crimes of serious or less serious physical injuries. Art. 22 is NOT applicable to the provisions of the RPC. robbery. Retribution or expiation – the penalty is commensurate with the gravity of the offense.

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007
3. Changes the punishment and inflicts a greater punishment than the law annexed to the crime when committed; 4. Alters the legal rules of evidence, and authorizes conviction upon a less or different testimony than the law required at the time of the commission of the offense; 5. Assumes to regulate civil rights and remedies only, in effect imposing a penalty or deprivation of a right for something which when done was lawful; and 6. Deprives a person accused of a crime of some lawful protection to which he has become entitled, such as the protection of a former conviction or acquittal, or a proclamation of amnesty. If retroactive effect of a new law is justified, it shall apply to the defendant even if he is: 1. presently on trial for the offense; 2. has already been sentenced but service of which has not begun; or 3. already serving sentence The retroactive effect of criminal statutes does NOT apply to the culprit’s civil liability. REASON: The rights of offended persons or innocent third parties are not within the gift of arbitrary disposal of the State. The provisions of Art. 22 are applicable even to special laws which provide more favorable conditions to the accused. New law may provide that its provisions not to be applied to cases already filed in court at the time of the approval of such law. Criminal liability SUBSISTS: under the repealed law 3. When there is a saving clause. BILL OF ATTAINDER – A legislative act which inflicts punishment without trial.

ART.23.EFFECT OF PARDON BY THE OFFENDED PARTY– GENERAL RULE: Pardon by the offended party does not extinguish the criminal liability of the offender. REASON: A crime committed is an offense against the State. Only the Chief Executive can pardon the offenders. EXCEPTION: Pardon by the offended party will bar criminal prosecution in the following crimes: Adultery and Concubinage (Art. 344, RPC) – EXPRESS or IMPLIED pardon must be given by offended party to BOTH offenders. Pardon must be given PRIOR to institution of criminal action.

Seduction, Abduction, Acts of Lasciviousness (Art. 344, RPC) EXPRESS pardon given by offended party or her parents or grandparents or guardian Pardon must be given PRIOR to the institution of the criminal action. However, marriage between the offender and the offended party EVEN AFTER the institution of the criminal action or conviction of the offender will extinguish the criminal action or remit the penalty already imposed against the offender, his coprincipals, accomplices and accessories after the fact. The subsequent valid marriage between the offender and the offended party shall extinguish criminal liability or the penalty imposed. In case the legal husband is the offender, subsequent forgiveness by the wife as offended party shall also produce the same effect.

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1. When the provisions of the former law are reenacted; or (Note: The right to QuickTime™ and a punish offenses committed TIFF (Uncompressed) decompressor under an old penal lawto is not extinguished if the are needed see this picture. offenses are still punishable in the repealing penal law.) 2. When the repeal is by implication; or (Note: When a penal law, which impliedly repealed an old law, is itself repealed, the repeal of the repealing law revives the prior penal law, unless the language of the repealing statute provides otherwise. If the repeal is absolute, criminal liability is obliterated.)

Rape (as amended by R.A. 8353) -

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NOTE: Pardon by the offended party under Art. 344 is ONLY A BAR to criminal prosecution; it is NOT a ground for extinguishment of criminal liability. It DOES NOT extinguish criminal liability. It is not one of the causes that totally extinguish criminal liability in Art 89 Nevertheless, civil liability may be extinguished by the EXRESS WAIVER of the offended party.Civil liability w/ regard to the interest of the injured party is extinguished by the latter’s express waiver because personal injury may be repaired through indemnity. Waiver must be express. State has no reason to insist on its payment. AN OFFENSE CAUSES TWO CLASSES OF INJURIES: SOCIAL INJURY Produced by the disturbance and alarm which are the outcome of the offense. PERSONAL INJURY Caused to the victim of the crime who suffered damage either to his person, to his property, to his honor or to her chastity. Is repaired indemnity. through 192, PD No. 603) and for the purposes specified therein. 3. Suspension from the employment or public office during the trial or in order to institute proceedings. 4. Fines and other corrective measures which, in the exercise of their administrative or disciplinary powers, superior officials may impose upon their subordinates. 5. Deprivation of rights and the reparations which the civil law may establish in penal form. Reasons why they are not penalties: 1. Because they are not imposed as a result of judicial proceedings. Those mentioned in paragraphs 1, 3 and 4 are merely preventive measures before conviction of offenders. 2. The offender is not subjected to or made to suffer these measures in expiation of or as punishment for a crime. Note: Those in par 1, 3 and 4 are merely preventive measures before the conviction of offenders. Par. 1 refers to “accused persons” who are detained “by reason of insanity or imbecility.” It does not refer to the confinement of an insane or imbecile who has not been arrested for a crime. It Paragraphs 3 and 4 refer to administrative suspension and administrative fines and not to suspension or fine as penalties for violations of the RPC. Fines in par. 4 do not constitute as penalties because they are not imposed by the court. The deprivations of rights established in penal form by the civil laws is illustrated in the case of parents who are deprived of their parental authority if found guilty of the crime of corruption of their minor children, in accordance with Art. 332 of the Civil Code. Where a minor offender was committed to a reformatory pursuant to Art. 80 (now, PD 603), and while thus detained he commits a crime therein, he cannot be considered a quasi-recidivist since his detention was only a preventive measure, whereas a quasirecidivism presupposes the commission of a

Is sought to be repaired through the imposition of the corresponding penalty. The offended party cannot pardon the offender so as to relieve him of the penalty.

The offended party may waive the indemnity and the State has no reason to insist in its payment.

ART.24.MEASURES OF PREVENTION OR SAFETY, WHICH ARE NOT CONSIDERED PENALTIESand a QuickTime™
TIFF (Uncompressed) decompressor are needed to see this picture.

The Following Shall Not Be Considered As Penalties: 1. The arrest and temporary detention of accused persons, as well as their detention by reason of insanity or imbecility, or illness requiring their confinement in a hospital. 2. The commitment of a minor to any of the institutions mentioned in Art. 80 (now Art.

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crime during the service of the penalty for a previous crime. Commitment of a minor is not a penalty because it is not imposed by the court in a judgment. The imposition of the sentence in such a case is suspended. ART. 26: WHEN AFFLICTIVE, CORRECTIONAL, OR LIGHT PENALTY Fines: 1. Afflictive – over 6000 2. Correctional – 201 to 6000 3. Light – 200 and less NOTES: The classification applies if the fine is imposed as a single or alternative penalty. Hence, it does not apply if the fine is imposed together with another penalty. Fines are imposed either as alternative (Ex: Art 144 punishing disturbance of proceedings with arresto mayor or fine from 200 pesos to 1000 pesos) or single (Ex. fine of 200 to 6000 pesos) Penalty cannot be imposed in the alternative since it is the duty of the court to indicate the penalty imposed definitely and positively. Thus, the court cannot sentence the guilty person in a manner as such as “to pay fine of 1000 pesos, or to suffer an imprisonment of 2 years, and to pay the costs.” If the fine imposed by the law for the felony is exactly 200 pesos, it is a light felony. * People vs. Yu Hai (99 Phil. 725): Under Art. 9, where the fine in question is exactly P200, it is a light penalty, thus the offense is a light felony; whereas under Art. 26, it is a correctional penalty, hence the offense involved is a less grave felony. It that this discrepancy should be resolved liberally in favor of the accused, hence Art. 9 prevails over Art. 26. QuickTime™ and a
TIFF (Uncompressed) decompressor are needed to see this picture.

Distinction between classification of Penalties in Art. 9 and Art. 26 Article 9 Article 26 Applicable in determining the prescriptive period of felonies Applicable in determining the prescriptive period of penalties

Affli ctive – over 600 0; Corr ecti

onal – 201 to 6000; Light – 200 and less

Chapter Three DURATION AND EFFECTS OF PENALTIES

Section One. — Duration of Penalties Art. 27: RECLUSION PERPETUA 1. Reclusión perpetua – 20 years and 1 day to 40 years 2. Reclusión temporal – 12 years and 1 day to 20 years 3. Prisión mayor and temporary disqualification – 6 years and 1 day to 12 years, except when disqualification is an accessory penalty, in which case its duration is that of the principal penalty 4. Prisión correccional, suspensión, and destierro – 6 months and 1 day to 6 years, except when suspensión is an accessory penalty, in which case its duration is that of the principal penalty 5. Arresto mayor – 1 month and 1 day to 6 months
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Bond to keep the peace is by analogy:

suspension) is from the day on which the judgment of conviction becomes final. 284) c. rule (c) applies. 2. As a penalty for the concubine in concubinage (Art. detention. the arrest and temporary detention of the accused is not considered a penalty. ART. 28: COMPUTATION OF PENALTIES Rules on Computation of Penalties: 1. Those who. rule (c) applies. Temporary Absolute Disqualification. the service of the sentence should commence QuickTime™ and a from the TIFF (Uncompressed) decompressor date of the promulgation of the are needed to see this picture. destierro is the proper penalty. If he is not under detention (released on bail). the accused appealed. not the trial court’s. Offenders not entitled to be credited with the full time or four-fifths of the time of their preventive imprisonment: Recidivists or those convicted previously twice or more times of any crime. upon being summoned for the execution of their sentence. offense is non-bailable 2. he shall be credited in the service of his sentence with the full time of his actual detention. and if the offender is under detention (as when undergoing preventive imprisonment).Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 6. NOTES: 1. If offender is under preventive imprisonment. The duration of the other penalties – the duration is from the day on w/c the offender commences to serve his sentence NOTES: Reason for rule (a) – Under Art 24. bailable but can’t furnish bail Notes: The full time or 4/5 of the time during which the offenders have undergone preventive suspension shall be deducted from the penalty imposed: full time: if the detention prisoner agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners four-fifths of the time: if the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted prisoners In the case of a youthful offender who has been proceeded against under the Child and Youth Welfare Code. Destierro is a principal. 29: PERIOD OF PREVENTIVE IMPRISONMENT DEDUCTED FROM TERM OF IMPRISONMENT Instances when accused undergoes preventive suspension: 1. decision of the appellate court. ART. When the offender is not in prison – the duration of the penalty of deprivation of liberty is from the day that the offender is placed at the disposal of judicial authorities for the enforcement of the penalty 3. Arresto menor – 1 day to 30 days 7. 2. not those who failed or refused to voluntarily surrender after the commission of the crime) Habitual Delinquents are not entitled to credit of time under preventive imprisonment since he is necessarily a recidivist or has been convicted previously twice or more times of Page 35 of 174 . In cases where after reducing the penalty by one or more degrees. Service in prison begins only on the day the judgment of conviction becomes final. In cases of temporary penalties. regardless if he agreed to abide by the same disciplinary rules of the institution or not. rule (a) applies. When the offender is in prison – the duration of the temporary penalties (Permanent Absolute Disqualification. Cases when destierro imposed: a. Serious physical injuries or death under exceptional circumstances (Art. divisible and correctional penalty. Bond to keep the peace – The period is discretionary on the court. 334) d. In case of failure to give bond for good behavior (Art. failed to surrender voluntarily (convicts who failed to voluntarily surrender to serve their penalties under a final judgment. if in custody. 247) b. The offender is entitled to a deduction of the full time or 4/5 of the time of his detention. not rule (a).

he is entitled to the full time or 4/5 of the time of preventive suspension Credit is given in the service of sentences consisting of deprivation of liberty (imprisonment and destierro).” If the penalty imposed is arresto menor to destierro. 2. A plebiscite is not mentioned or contemplated in Art. 31: EFFECT OF THE PENALTIES OF PERPETUAL OR TEMPORARY SPECIAL DISQUALIFICATION ART. not a denial of a right. 30: EFFECTS OF THE PENALTIES OF PERPETUAL OR TEMPORARY ABSOLUTE DISQUALIFICATION NOTES: The exclusion is a mere disqualification from protection. Disqualification from holding such office or the exercise of such profession or right of suffrage during the term of the sentence 2. ART. Cannot hold any public office during the period of disqualification ART. Cannot hold another office having similar functions during the period of suspension Section Two. Deprivation of the right to vote or to be elected in an office b.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 any crime. 33: EFFECTS OF THE PENALTIES OF SUSPENSION FROM ANY PUBLIC OFFICE. For the exercise of the right of suffrage a. Effects of Perpetual and Temporary Special Disqualification: 1. PROFESSION OR CALLING. Deprivation of any public office or employment of offender ART 34: CIVIL INTERDCTION Page 36 of 174 . the accused who has been in prison for 30 days (arresto menor to 30 days) should be released because although the maximum penalty is destierro (6 months and 1 day to 6 years). whether perpetual or temporal. Deprivation of the right to vote in any election or to be voted upon 3. Perpetual absolute disqualification is effective during the lifetime of the convict and even after the service of the sentence. Thus. employment. Effects of Perpetual and temporary absolute disqualification: 1. persons who had undergone preventive imprisonment but the offense is punishable by a fine only would not be given credit. thus. Disqualification for holding similar offices or employment during the period of disqualification 2. For public office. profession or calling affected b. (2) loss of all rights to retirement pay or other pension for any office QuickTime™ and a formerly held. hence. Loss of rights to retirement pay or pension All these effects last during the lifetime of the convict and even after the service of the sentence except as regards paragraphs 2 and 3 of the above in connection with Temporary Absolute Disqualification. or calling a. the offender may vote in that exercise. Its duration is that of the principal penalty. even if the accused is sentenced to life imprisonment. Exceptions: (1) deprivation of the public office or employment. par. subject to the provisions of pertinent election laws at the time. and not for punishment – the withholding of a privilege. Destierro is considered a “deprivation of liberty. profession. — Effects of the penaltiesaccording to their respective nature ART. the accused sentenced to such penalty does not serve it in prison. OR THE RIGHT OF SUFFRAGE Effects: 1. 2 (deprivation of the right to vote).(Uncompressed) decompressor TIFF are needed to see this picture. Temporary absolute disqualification is effective during the term of sentence and is removed after the service of the same.30. Duration of RP is to be computed at 30 years. 32: EFFECT OF THE PENALTIES OF PERPETUAL OR TEMPORARY SPECIAL DISQUALIFICATION FOR THE EXERCISE OF THE RIGHT OF SUFFRAGE NOTE: Temporary disqualification if imposed is an accessory penalty. Deprivation of the office.

Right to manage property and to dispose of the same by acts inter vivos Civil Interdiction is an accessory penalty to the following principal penalties: 1. Parental rights 2. the pardon does not remove the accessory penalty of absolute perpetual disqualification 2. Nor does it exempt one from civil liability or from payment of civil indemnity. Marital authority 4. if the penalty is life imprisonment and after the service of 30 years. 37: COST. Reclusion temporal *He can dispose of such property by will or donation mortis causa ART. it removes all that is left of the consequences of conviction. a pardon is granted. Limitations to President’s power to pardon: o can be exercised only after final judgment o does not extend to cases of impeachment o does not extinguish civil liability – only criminal liability QuickTime™ and GENERAL RULE: Pardon granteda in general terms TIFF (Uncompressed) decompressor are needed penalties. must include both offenders Cannot validly be made subject to a condition Whether it can be conditional ART. PARDON BY THE CHIEF EXECUTIVE (ART. may include offended party waiving civil indemnity and it should be done before the institution of the criminal prosecution and extended to both offenders. If death penalty is commuted to life imprisonment 2. 36: PARDON. does not include accessoryto see this picture. Reclusion perpetua 3. unless otherwise provided by or subject to conditions in the Constitution or the laws Extinguishes criminal liability PARDON BY OFFENDED PARTY (ART.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Effects. ITS EFFECT NOTES: Pardon by the President does not restore the right to public office or suffrage except when both are expressly restored in the pardon. fees Page 37 of 174 . 35: EFFECTS OF BOND TO KEEP THE PEACE Bond to keep the peace is different from bail bond which is posted for the provisional release of a person arrested for or accused of a crime. ART. 36) Any crime. if the absolute pardon is granted after the term of imprisonment has expired.. Bond to keep the peace or for good behavior is imposed as a penalty in threats. Exceptions: 1. 23) Crimes against chastity under the RPC only Crime covered Extinguishment of criminal liability Effect on civil liability When granted To whom granted Cannot affect the civil liability ex delicto of the offender Only after conviction by final judgment Any or all of the accused May absolute conditional be or Does not extinguish criminal liability although it may constitute a bar to the prosecution of the offender Offended party can waive the civil liability Only before the institution of the criminal action In adultery and concubinage.Deprivation of the following rights: 1. if the facts and circumstances of the case show that the purpose of the President is to precisely restore the rights i. Guardianship over the ward 3. However. WHAT ARE INCLUDED Costs include: 1. granting absolute pardon after election to a post (mayor) but before the date fixed by law for assuming office to enable him to assume the position in deference to the popular will Pardon by the offended party – does not extinguish criminal liability.e.

It is only for fines. and not to exceed 15 days – if prosecuted for light felony. Juan inflicted serious physical injuries against Pedro and took the latter’s watch and ring. For non-payment of reparation or indemnification. Order of payment is mandatory. Subsidiary imprisonment is not an accessory penalty. 1 in the order of payment. there is no use for Art 38. Indemnification of the consequential damages 3. Art 39 applies only when the convict has no property with which to meet the fine in par 3 of art 38. Fine 4. if the offender has insufficient or no property. in the course of judicial subsidiary penalty should be imposed. 3. each party bearing his own expense. He incurred P500 worth of hospital bills and failed to earn P300 worth of salary. The penalty imposed is higher than prisión correccional or 6 years. 3. Hence. Accessory penalties are deemed imposed even when not mentioned. proceedings NOTE: Costs (expenses of the litigation) are chargeable to the accused in case of conviction. ART. The reparation of the damage caused 2.” thus. 1. If the penalty imposed is not to be executed by confinement. For non-payment of costs. no. indemnification and costs in par 1. which should be considered in determining whether or not . 2 in the QuickTime™ and a order of payment. like Page 38 of 174 ART. Costs of proceedings NOTES: It is applicable in case the properties of the offender are not sufficient for the payment of all his pecuniary liabilities. 2. not the penalty provided for by the Code. as such is covered by “reparation of the damage caused. not counted. 40-45 of this Code. WHERE NO SUBSIDIARY PENALTY SHALL BE IMPOSED: 1. the costs are de oficio. 38: PECUNIARY LIABILITIES. he shall pay the fine. Ex. 2. until law provides the contrary. No costs are allowed against the Republic of the Philippines. 39: SUBSIDIARY PENALTY NOTES: When the penalty prescribed is imprisonment. notwithstanding the fact that the convict suffered subsidiary personal liability therefor. It is covered by Arts. Thus. in the following order: 1. 2 and 4 of Art 38.(Uncompressed) decompressor TIFF are needed to see this picture. and 4. In case of acquittal. When the penalty imposed is higher than prisión correccional – no subsidiary imprisonment.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 2. If the penalty imposed is prisión correccional or arresto and fine – subsidiary imprisonment is not to exceed 1/3 of the term of the sentence. under the same rules as nos. The payment of costs is fully discretionary on the Court. a convict who has nonexempt property enough to meet the fine cannot choose to serve the subsidiary penalty instead of payment of the fine. 2 and 3 above. 4. RULES AS TO SUBSIDIARY PENALTY 1.” thus. When the penalty imposed is fine only – subsidiary imprisonment is: not to exceed 6 months – if the culprit is prosecuted for grave or less grave felony. while subsidiary imprisonment must be expressly imposed. indemnities. There is no subsidiary penalty for nonpayment of reparation. but of fixed duration – subsidiary penalty shall consist in the same deprivations as those of the principal penalty. 5. Given that Juan only has P1000 worth of property not exempt from execution. In case the financial circumstances of the convict should improve. no. The 500 and 300 are covered by “indemnification of the consequential damage. ORDER OF PAYMENT Pecuniary liabilities of persons criminally liable. it shall first be applied to the payment of the watch and ring which cannot be returned. Where the penalty imposed is a fine and another penalty without fixed duration. and in no case to continue for more than one year. Fraction or part of a day. it is the penalty actually imposed by the Court.

What determines jurisdiction in criminal cases is the principal penalty. perpetual absolute disqualification (unless expressly remitted in the pardon) 3. profession or calling b. 45: CONFISCATION AND FORFEITURE OF THE PROCEEDS OR INSTRUMENTS OF THE CRIME 1. 40: DEATH. perpetual absolute disqualification b. ITS ACCESSORY PENALTIES Outline Of Accessory Penalties Inherent In Principal Penalties 1. if not executed because of commutation or pardon a. To be relieved of these penalties. temporary absolute disqualification b. 42: PRISION MAYOR. Imposable on felonies punished by the RPC Imposable on crimes punishable by special laws ART. ITS ACCESSORY PENALTIES ART. The property of 3 persons (not liable for the offense) is not subject to confiscation and Page 39 of 174 . The nature of the crime is immaterial when the penalty imposed is one year imprisonment or more. disqualification does not attach except if the crime done was against property. Death. civil interdiction during 30 years (if not expressly remitted in the pardon) 2. Reclusion Perpetua and Reclusion Temporal a. absolute pardon restores to him his political rights. THEIR ACCESSORY PENALTIES ART. perpetual special disqualification from suffage (unless expressly remitted in the pardon) 4. For a prisoner who has been sentenced to one year of imprisonment or more for any crime. rd 3. ITS ACCESSORY PENALTIES ART. Prision Mayor a. 41: RECLUSION PERPETUA AND RECLUSION TEMPORAL. The proceeds and instruments/tools of the crime are confiscated in favor of the government. Prision Correccional a. Every penalty imposed carries with it the forfeiture of the proceeds of the crime and the instruments or tools used in the commission of the crime. RECLUSION PERPETUA Specific duration of 20 years and 1 day to 40 years and accessory penalties LIFE IMPRISONMENT no definite term or accessory penalties Section Three. — Penalties in which other accessory penalties are inherent ART. 2. The accessory penalties do not affect the jurisdiction of the court in which the information is filed because they do not modify or alter the nature of the penalty provided by law. If the penalty is less than one year. No accessory penalty for destierro Persons who served out the penalty may not have the right to exercise the right of suffrage. imprisonment exceeds 18 months (unless expressly remitted in the pardon) NOTES: The accessory penalties in Art 40-44 must be suffered by the offender. The accessory penalties are understood to be always imposed upon the offender by the mere fact that the law fixes a certain penalty for the crime. they must be expressly remitted in the pardon. although pardoned as to the principal penalties. civil interdiction for life or during the sentence b. perpetual special disqualification QuickTime™ and a TIFF suffrage if the duration of the from (Uncompressed) decompressor are needed to see this picture. ITS ACCESSORY PENALTIES ART. 43: PRISION CORRECCIONAL. 44: ARRESTO.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 censure. suspension from public office.

The instruments belong to innocent third parties 2. attempted) b. — Rules for the application of penalties to the persons criminally liable and for the graduation of the same. 45 cannot apply: 1. maximum) refers to the proper period of the penalty w/c should be imposed when aggravating or mitigating circumstances attend the commission of the crime ART. Property not subject of lawful commerce (whether it belongs to the accused or a 3rd person) shall be destroyed. But if the defendant appeals. (minimum. frustrated. 4. When the order of forfeiture has already become final. the articles which were forfeited can not be returned. Chapter Four APPLICATION OF PENALTIES Section One. even in case of an acquittal. tried and accused is convicted. By period a. degree of the criminal participation of the offender (principal. over age . even if an increase thereof should be the result When Art. stages of execution (consummated. Whenever it is believed that the penalty lower by one or two degrees corresponding to said acts of execution is not proportionate to the wrong done. In case the accused appeals. However. under age .when the offender is under 18 yrs of age at the time of commission. Confiscation can be ordered only if the property is submitted in evidence or placed at the disposal of the court.when upon appeal or Page 40 of 174 . By degree a. accessory) 2. medium. amounting to an increase of the penalty already imposed. NOTES: There cannot be confiscation or forfeiture unless there’s a criminal case filed. When it is legally or physically impossible. but the instruments or proceeds are contraband. There must be conviction by final judgment. the law fixes a distinct penalty for the principal in the frustrated or attempted felony.when the person is more than 70 years old at time RTC sentenced him 3. thereby placing the accused in double jeopardy. confiscation and forfeiture not ordered by the trial court may be imposed by the appellate court The government can not appeal the modification of a sentence if the defendant did not appeal. it removes all bars to the review and correction of the penalty imposed by the court below. accomplice. upon the principals 2. ART. for consummated felony EXCEPTION: when the law fixes a penalty for the frustrated or attempted felony. Such properties have not been placed under the jurisdiction of the court 3. 47: IN WHAT CASES THE DEATH PENALTY SHALL NOT BE IMPOSED Death Penalty Not Imposed In The Following Cases: 1.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 forfeiture. Why? .Because minority is always a mitigating circumstance 2. even if the accused is acquitted on reasonable doubt. Instruments of the crime belonging to an innocent 3rd person may be recovered. 46: PENALTY TO BE IMPOSED UPON PRINCIPALS IN GENERAL GENERAL RULE: The penalty prescribed by law in general terms shall be imposed: 1. no court majority . The Graduation Of Penalties Refers To: 1. When the penalty imposed did not include the confiscation of the goods involved. Third person must be indicted to effect confiscation of his property. the subsequent confiscation & forfeiture of said goods would be an additional penalty. the judgment of acquittal shall order their forfeiture for appropriate disposition. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. Confiscation & forfeiture are additional penalties.

2 Kinds Of Complex Crimes: 1. Rape – with the use of a deadly weapon. the vote of eight members is not obtained for the imposition of death JUSTIFICATION FOR THE DEATH PENALTY: social defense and exemplarity. that both or all the offenses must be punished under the same statute No Single Act In The Following Cases: 1. Carnapping Requisites: 1. not only in themselves. The crime can be committed by another mean. The different acts must be considered as distinct crimes. Violation of certain provisions of the Dangerous Drugs Act 14. “Necessary means” does not mean “indispensable means”. compound crime – single act constitutes 2 or more grave or less grave felonies Requisites: QuickTime™ and a TIFF (Uncompressed) decompressor a. Qualified Piracy 3.as there is only one criminal intent. various acts are executed. that at least 2 offenses are committed 2. Plunder 13. There is no complex crime of arson w/ homicide. although these 2 killings were the result of a single criminal impulse. Light felonies produced by the same act should be treated and punished as separate offenses. or may be absorbed by the grave felony. Qualified Bribery 4. (Gregorio does not agree with this. when the acts are wholly different.48: PENALTY FOR COMPLEX CRIMES COMPLEX CRIME – although there actually are two or more crimes. But where the victim was taken from his home but it was solely for the purpose of killing him and not for detaining him illegally or for the purpose of ransom. but also because they are directed against 2 different persons. For the attainment of a single purpose w/c constitutes an offense. several accused simultaneously shot many persons. Destructive Arson 12. 2 or more grave felonies ii. 2 or more less grave felonies 2. Robbery – with Homicide.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 automatic review of the case by the SC. one or more grave and one or more less grave felonies iii. killing one and injuring the other. Only one information need be filed. by different acts. the crime is simple murder. 2. Art 48 is applicable to crimes through negligence. Intentional Mutilation. Parricide 5. that are needed to seesingle act is performed only one this picture. that one or some of the offenses must be necessary to commit the other 3. Not considered cruel and unusual because it does not involve torture or lingering death. the law treats them as constituting only one. NOTES: When in obedience to an order. Kidnapping the victim to murder him in a secluded place – ransom wasn’t paid so victim was killed. Indispensable would mean it is an element of the crime.with Homicide 10.) When a complex crime is charged and one offense is not proven. the accused can be convicted of the other. there being a single criminal impulse. as when one fires his gun twice in succession. Page 41 of 174 ART. or by two or more persons . complex crime proper – when an offense is a necessary means for committing another . CRIMES PUNISHABLE BY DEATH UNDER THE DEATH PENALTY LAW (RA 7659) 1. Qualified Rape 11. Treason 2. w/o evidence how many each killed. such acts must be considered only as one offense. there is only a single offense. or Arson 9. Murder 6. Rape. that the single act produces i. by the offender b. when 2 persons are killed one after the other. Kidnapping and Serious Illegal Detention 8. Infanticide 7. Kidnapping was a necessary means to commit murder.where the victim became insane .

Robbery with Homicide b. 71. when the offender commits continued crimes 2. Like rape. there is no complex crime of trespass to dwelling with rape. are needed to see this picture. 48 b. arson. the same to be applied in its maximum period. But when one of the offenses. the offender shall be punished for each and every offense that he committed. the falsification of a public or official document involving said funds is a separate offense. The same rule shall be observed when an offense is a necessary means to commit the other. the court of higher jurisdiction shall try the complex crime. complex) When 2 crimes produced by a single act are respectively within the exclusive jurisdiction of 2 courts of different jurisdiction. Robbery with Rape c. There is NO COMPLEX CRIME in the following: 1. If the different crimes resulting from one single act are punished w/ the same penalty. 48 is intended to favor the culprit. the falsification is a necessary means to commit the malversation. Art. In case of continuing crimes 2. When two felonies constituting a complex crime are punishable by imprisonment and fine. Page 42 of 174 . It is not a complex crime when trespass to dwelling is a direct means to commit a grave offense. the same to be applied in the maximum period. the accused who committed the crime by reckless imprudence is liable for his acts QuickTime™ and a TIFF (Uncompressed) decompressor only. where a person committing multiple crimes is punished with only one penalty: a.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 The means actually employed (another crime) was merely to facilitate and insure the consummation of the crime. arresto mayor and arresto menor are considered more severe than destierro and arresto menor is higher in degree than destierro. respectively. In the order of severity of the penalties. Rape with Homicide d. When the law provides one single penalty for special complex crime: a. A complex crime of the second form may be committed by two persons. the penalty for any one of them shall be imposed. Kidnapping with Serious Physical Injuries e. kidnapping w/ serious physical injuires c. Reason: Fine is not included in the list of penalties in the order of severity and it is the last in the graduated scales in Art. was committed by one of the accused by reckless imprudence. only the penalty of imprisonment shall be imposed. (according to Ortega. when the offender commits any of the complex crimes defined in Art. When a single act constitutes two grave or less grave or one grave and another less grave. But when the offender had to falsify a public or official document to obtain possession of the funds w/c he misappropriated. but by the nature of the penalties. They are mere ingredients of the crime of rebellion – absorbed already. Kinds Of Plurality Of Crimes: 1. and the penalty for one is imprisonment while that for the other is fine. Formal or Ideal – only one criminal liability. When the other crime is an indispensable part or an element of the other offenses as defined 4. Where one of the offenses is penalized by a special law 5. when the law specifically fixes a single penalty for 2 or more offenses committed: robbery w/ homicide. In such cases. Real Or Material – there are different crimes in law as well as in the conscience of the offender. Trespass will be considered as aggravating (unlawful entry or breaking part of a dwelling) When the offender had in his possession the funds w/c he misappropriated. as a means to commit the other. The penalty for complex crime is the penalty for the most serious crime. the severity of the penalty for the more serious crime should not be judged by the classification of each of the penalties involved. There is no complex crime of rebellion w/ murder. robbery or other common crimes. Kidnapping with Homicide PLURALITY OF CRIMES – consists in the successive execution by the same individual of different criminal acts upon any of which no conviction has yet been declared. Formal or ideal crimes are further divided into three groups. When one offense is committed to conceal the other 3.

In Art. the lower penalty in its maximum period is always imposed. 3. If the act committed also constitutes an attempt or frustration of another crime. penalty not to be imposed in the maximum b. b. so only one penalty shall be imposed. and the law prescribes a higher penalty for either of the latter. NOTES: Art. 49 is applicable only in cases when there is a mistake in identity of the victim of the crime (error in personae) and the penalty for the crime committed is different from that for the crime intended to be committed. 48. In Par. Transitory crime is “moving crime”. the penalty for the attempted or frustrated crime shall be imposed in its maximum period. 49 has reference to the provision in the st 1 par of Art . 2. 49: PENALTY TO BE IMPOSED UPON THE PRINCIPALS WHEN THE CRIME COMMITTED IS DIFFERENT FROM THAT INTENDED Page 43 of 174 . There is only one crime because the different and successive appropriations are but the different moments during w/c one criminal resolution arises. ART. 49 also has no application where a more serious consequence not intended by the offender befalls the same person. NOTE: A continued (continuous or continuing) crime is different from a transitory crime. REAL/MATERIAL PLURALITY There is a series of acts performed by the offender CONTINUED CRIME Same Each act performed constitutes Different a constitute QuickTime™ and acts TIFF (Uncompressed) decompressor are see this picture. Art. RULES: 1. as the offender does not perform a single act but a series of acts. A collector of a commercial firm misappropriates for his personal use several amounts collected by him from different persons.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ART 49 Lesser penalty to be imposed in its maximum period ART 48 Penalty for the more serious crime shall be imposed in its maximum period PLURALITY OF CRIMES No conviction of the crimes committed RECIDIVISM There must be conviction by final judgment of the first prior offense CONTINUED CRIME – refers to a single crime consisting of a series of acts but all arising from one criminal resolution. a separate crime because needed toonly one crime because each act is generated by a all of the acts performed criminal impulse arise from one criminal resolution. Ex of continued crimes: a. in view of the fact that the same act also constitutes an attempt or a frustration of another crime. Although there is a series of acts. 3 the penalty for the attempted or frustrated crime shall be imposed in its maximum period. If the penalty for the felony committed be lower than the penalty for the offense which the accused intended to commit. 49.4 which provides that criminal liability shall be incurred “by any person committing a felony although the wrongful act done be different from that which he intended. This rule is not necessary and may well be covered by Art. Juan steals 2 books belonging to 2 different persons. He commits only one crime because there is unity of thought in the criminal purpose of the offender. 1 and 2. pars. the lower penalty shall be imposed in its maximum period. no actual provision punishing continued crime – It is a principle applied in connection with 2 or more crimes committed with a single intention.” Art. If the penalty for the felony committed be higher than the penalty for the offense which the accused intended to commit. Therefore: a. there is only one crime committed. NOTE: A continued crime is not a complex crime. the lower penalty shall be imposed in its maximum period.

54: Penalty to imposed upon accomplices in a frustrated crime Art. 52: Penalty to be imposed upon accomplices in consummated crime Art. 53: Penalty to be imposed upon accessories to the commission of a consummated felony Art. penaltytofor decompressor is in itself a a felony. 53. after considering the presence or absence of aggravating circumstances May refer to both divisible and indivisible penalties Refers only divisible penalties to APPLICATION OF ARTICLE 50 TO 57 Participation Consummated Frustrated Attempted NOTE: The rules provided in Arts. medium. 50-57 are not applicable when the law specifically prescribes the penalty for the frustrated and attempted felony or that to be imposed upon the accomplices and accessories. A period of a divisible penalty when prescribed by the QuickTime™ and a Code as aTIFF (Uncompressed) this picture. and minimum. 58 is limited only to grave and less grave felonies since it is not possible to have accessories liable for light felonies. one entire penalty or one unit of the penalties enumerated in the graduated scales provided for in Art. 58: ADDITIONAL PENALTY TO BE IMPOSED UPON CERTAIN ACCESSORIES NOTE: Art. 55: Penalty to be imposed upon accessories of a frustrated crime Art. 55 and 57 do not apply if the felony is light because accessories are not liable for the same. Absolute temporary disqualification. min/med/max of a divisible penalty. Absolute Perpetual Disqualification.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Art. Art. 50: Penalty to be imposed upon principals of a frustrated crime Art. if the principal offender is guilty of a grave felony 2. 51: Penalty to be imposed upon principals of attempted crimes Art. flight to enemy country. Additional Penalties for Public Officers who are accessories: 1. ART. if the principal offender is guilty of less grave felony Principal Accomplice Accessory Penalty imposed by law 1 less 2 less 1 less 2 less 3 less 2 less 3 less 4 less NOTES: Art. 57: Penalty to be imposed upon accessories of an attempted crime Distinctions between Degree and Period Degree Refers to the penalty imposable for a felony committed considering the stages of execution and the degree of participation of the offender Period Refers to the duration of the penalty consisting of the maximum. (examples: qualified seduction. 59: PENALTY TO BE IMPOSED IN CASE OF FAILURE TO COMMIT THE CRIME BECAUSE THE MEANS EMPLOYED OR THE AIMS SOUGHT ARE IMPOSSIBLE NOTES: Basis for the imposition of proper penalty in impossible crimes: social danger and degree of criminality shown by the offender The penalty for impossible crime is arresto mayor (imprisonment of 1 month and 1 day to 6 months) or fine ranging from 200-500 pesos. 56: Penalty to be imposed upon accomplices in an attempted crime Art. 59 is limited to grave and less grave Page 44 of 174 . ART. kidnapping) Degree – one whole penalty. 71 Period – one of 3 equal portions. are needed see degree. It is further limited to those whose participation in the crime is characterized by the misuse of public office or authority.

the penalty next lower is that consisting in two periods down the scale 3. Divisible Penalties: (maximum. It is only after the penalty next lower in degree is already determined that the mitigating and aggravating circumstances should be Page 45 of 174 rd Cases where penalty imposed on accessories are one degree lower instead of two degrees: 1. 1: when the penalty is single and indivisible (ex. the penalty next lower is the next period down in the scale NOTE: Mitigating and Aggravating circumstances are first disregarded in the application of the rules for graduating penalties. Arresto Menor 6. use of a falsified dispatch ART. ART. Rules 4 and 5: 1. or when the penalty is divisible and there are two or more mitigating circumstances and there are no aggravating circumstances. Arresto Mayor 4. corruption of minors. ascendants. when the penalty is composed of one or more divisible penalties to be imposed to their full extent the penalty next lower in degree shall be that immediately following the lesser of the penalties prescribed Rule No. when the penalty is composed of two indivisible penalties. However. 60: EXCEPTION TO THE RULES ESTABLISHED IN ARTICLES 50 TO 57 Two cases where the accomplice is punished with the same penalty imposed upon the principal: 1. the penalty next lower shall be reclusion temporal. Destierro 5. acts of lasciviousness. minimum) 1. knowingly using counterfeited seal or forged signature or stamp of the President of the Republic 2. Death 2. Reclusion Perpetua . curators. 61: RULES FOR GRADUATING PENALTIES The rules provided in this Article should also apply in determining the minimum of the Indeterminate Sentence Law (ISL). one who furnished the place for the perpetration of the crime of slight illegal detention NOTE: Accessory punished as principal: Art 142 – punishes an accessory for knowingly concealing certain evil practices RULES TO BE OBSERVED IN LOWERING THE PENALTY BY ONE OR TWO DEGREES Rule No. considering Article 4. Public Censure 7. guardians. Under the 3 rule. if the penalty prescribed in the Code consists of three periods corresponding to different divisible penalties. if the penalty prescribed in the Code consists in only one period. 71 Indivisible Penalties: 1. white slave trade or abduction. or 2. presence of the privileged mitigating circumstance. shall cooperate as accomplices in the crimes of rape. The point of reference will be on the proper divisible penalty which is RT. 2. teachers and any person who. 3: when the penalty is composed of 1 or 2 indivisible penalties and the maximum period of a divisible penalty Ex. seduction. penalty for murder is reclusion temporal to death. the penalty next lower is that consisting in the three periods down the scale 2. use of a falsified document 4. if the penalty prescribed in the Code consists of two periods. Fine medium. GRADUATED SCALE IN ART.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 felonies. It also applies in lowering the penalty by one or two QuickTime™ and by reason of the degrees a TIFF (Uncompressed) decompressor are needed to see this picture. this article is actually limited to offenses against persons or property. illegal possession and use of false treasury or bank note 3. by abuse of authority or confidential relationship. the penalty next lower to RT is composed of the medium and minimum periods of RT and the max of prision mayor. Rule No. Prision Correcional 3. RP). 2: 1. Reclusion Temporal 2.

estafa or falsification 2. means employed to accomplish the crime Par. he was again convicted of any of said offenses. not only of increasing the penalty because of recidivism which is generally implied in habitual delinquency. that the offender had been convicted of any of the crimes of serious or less serious physical injuries. 2. Ten year period to be computed from the time of last release or conviction Subsequent crime must be committed after conviction of the former crime. from the moral attributes of the offender 2. he was again convicted of any of the said crimes for the second time 3. TIFF (Uncompressed) decompressor NOTES: are needed to see this picture. within 10 years from his last release or last conviction. without however exceeding the maximum period provided by law. increases penalty to maximum REQUISITES Of Habitual Delinquency: 1. they are included by law in the definition of a crime Par. but also of imposing an additional penalty.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 considered. QuickTime™ and a No time fixed by law Second conviction Is not offset by MC. Falsification 2. from his private relations w/ the offended party 3. 62: EFFECT OF THE ATTENDANCE OF MITIGATING OR AGGRAVATING CIRCUMSTANCES AND OF HABITUAL DELINQUENCY Habitual delinquency has the effect. that after his conviction of. Ten-year period is counted not from the date of commission of the subsequent offense but from the date of conviction thereof in relation Page 46 of 174 . from any other personal cause Par. Cases still pending are not to be taken into consideration. ART. Effects of the circumstances: o Aggravating circumstances (generic and specific) have the effect of increasing the penalty. Ex. The law on habitual delinquency does not contemplate the exclusion from the computation of prior conviction those falling outside the 10-year period immediately preceding the crime for which the defendant is being tried. o Mitigating circumstances have the effect of diminishing the penalty. Serious or less serious physical injuries is found guilty of any of the said crimes a third time or oftener. Robbery 3. the third time or oftener Rulings on Habitual Delinquency: 1. 1: Aggravating circumstances are not to be taken into account when: 1. and. robbery. 2: Same rules apply when the aggravating circumstance is inherent in the crime Par. 3: Aggravating or mitigating circumstances arising from any of the following affect only those to whom such circumstances are attendant: 1. by “means of fire” – arson 2. and. 5: Habitual Delinquent is a person who within the period of 10 years from the date of his (last) release or last conviction of the crimes of: 1. they themselves constitute a crime. material execution of the act 2. within 10 years from his last release of first conviction. or after serving sentence for the second offense. 4: the circumstances which consist of the following shall serve to aggravate and mitigate the liability only of those who had knowledge of them at the time of the commission of the offense 1. Theft 5. Estafa 4. o HABITUAL DELINQUENCY Crimes to be committed are specified W/ in 10 years Must be found guilty 3rd time or oftener Additional penalty is imposed RECIDIVISM Same title Par. he again committed. he again committed. theft. that after conviction or after serving his sentence.

5. Habitual delinquency applies to accomplice and accessories. 9. 7. A crime committed during the minority of the offender is not counted because proceedings as regards that crime are suspended. recidivism is not aggravating. One mitigating circumstance – minimum period 3. 63: RULES FOR THE APPLICATION OF INDIVISIBLE PENALTIES Rules for the application of indivisible penalties: 1. One aggravating circumstance – maximum period 4. Previous convictions are considered every time a new offense is committed. A habitual delinquent is necessarily a recidivist. Crimes committed on the same date. (Reyes) commits a consummated crime. Penalty for habitual delinquency is a real penalty that determines jurisdiction. the offender reveals the same degree of depravity or perversity as the one who ART. no matter how many mitigating circumstances are present EXCEPTION: In cases of privileged mitigating circumstances 13. When an offender has committed several crimes mentioned in the definition of habitual delinquent. Habitual delinquency applies at any stage of the execution because subjectively. Mitigating and Aggravating Circumstances are present – basis in number and importance NOTES: Art 63 applies only when the penalty prescribed by the Code is either one indivisible penalty or 2 indivisible penalties. 11. Habitual delinquency applies to all participants because it reveals persistence in them of the inclination to wrongdoing and of the perversity of character that led them to commit the previous crime.. Modifying circumstances are applicable to additional penalty. One aggravating circumstance present – higher penalty b. 16. 4. ART. An offender can be a habitual delinquent without being a recidivist. 64: RULES FOR THE APPLICATION OF PENALTIES WHICH CONTAIN THREE PERIODS Rules For The Application Of Divisible Penalties: 1. Penalty is single and indivisible – applied regardless of the presence of aggravating and mitigating circumstances 2. Imposition of additional penalty is mandatory and constitutional. Habitual delinquency is not a crime.4: the moral value rather than the numerical weight shall be taken into account. the penalty cannot be lowered by one degree. weeks. It is simply a fact or circumstance which if present gives rise to the imposition of additional penalty. The additional penalty must be imposed in its minimum. 15. Convictions on the same day or at about the same time are considered as one only (days. habitual delinquents are constitutional.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 to the date of his last release or last conviction. 10. The imposition of such additional penalties are mandatory. GENERAL RULE: When the penalty is composed of 2 indivisible penalties. Mitigating and aggravating circumstance offset each other and according to relative Page 47 of 174 .). 14. although convictions on different dates are considered as one. when no two of the crimes committed are embraced in the same title of the Code. 3. Some mitigating circumstances present and no aggravating – lower penalty d. In imposing the additional penalty. without being first convicted of any of them before committing the others. it is simply a punishment on future crimes on account of the criminal propensities of the accused. 12. 8. QuickTime™ and a TIFF (Uncompressed) decompressor The imposition of the additional penalties on are needed to see this picture. One mitigating circumstance present – lower penalty c. 6. Commissions of those crimes need not be consummated. Penalty composed of two indivisible penalties a. Par. No aggravating and no mitigating circumstances – medium period 2. he is not a habitual delinquent. NOTES: In no case shall the total penalties imposed upon the offender exceed 30 years.

4: the mitigating circumstances must be ordinary. 6 years + 8 months = 6 years and 8 months Therefore. 65: RULE IN CASES IN WHICH THE PENALTY IS NOT COMPOSED OF THREE PERIODS Computations: Example: Prision Mayor (6 years. If the penalty is composed of 3 different penalties. and add 1 day to distinguish it from the maximum of the medium period. 64 applies when the penalty has 3 periods because they are divisible. maximum period of prision mayor = 10 years 1 day to 12 years *Computation above is applicable to all others except to arresto mayor. Therefore. 6 years / 3 = 2 years 3. 2 or more mitigating without any aggravating circumstance – one degree lower NOTES: Art. add the 8 months.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 weight 5. minimum of prision mayor minimum = 6 years 1 day to 6 years 8 months 4. 8 years (minimum of the medium) + 2 years (difference) ------------------------------------------10 years (maximum of the medium) Therefore. not privileged. Example: Prision Mayor minimum (6 years 1 day to 8 years) only 1. the court has discretion to impose the penalty within the limits fixed by law Art. 1 day to 12 years) 1. 2 years / 3 = 8 months 3. Use the minimum of the given example as the minimum period. Use the maximum of the minimum as the minimum of the medium period. The aggravating circumstances must be generic or specific. Then to get to get the maximum of the minimum. 8 years – 6 years = 2 years 2. each forms a period according to Art. Divide the difference by 3. Add the 8 months and this Page 48 of 174 . 64 not applicable when the penalty is indivisible or prescribed by special law or a fine Cases where the attending aggravating or mitigating circumstances are not considered in the imposition of penalties: Penalty that is single and indivisible Felonies through negligence Where the penalty is only a fine imposed by an ordinance (subject to discretion of court – see Article 66) Penalty is prescribed by a special law ART. Then add the 2 years (disregarding the 1 day) to the minimum to get the maximum of the minimum period. medium period of prision mayor = 8 years 1 day to 10 years 5. Divide the difference by 3. the minimum period. Use the minimum (6 years aand 1 day) as the QuickTime™ and TIFF (Uncompressed) decompressor minimum of are needed to see this picture. Use the maximum of the minimum period as the minimum of the medium period and add 1 day to distinguish from the minimum period. 6 years (minimum of the minimum) + 2 years (difference) ------------------------------------------8 years (maximum of the minimum). use the maximum of the medium period as the minimum of the maximum pd. subtract the minimum (disregard 1 day) from the maximum 12 years – 6 years = 6 years 2. minimum period of prision mayor = 6 years 1 day to 8 years 4. Subtract minimum from the maximum. Then add 2 years to the minimum of the maximum pd (disregarding the 1 day) to get the maximum of the maximum period) 10 years (maximum of the medium) + 2 years (difference) ---------------------------------------------12 years (maximum of the maximum) Therefore. Then add 2 years to the minimum of the medium (disregarding the 1 day) to get the maximum of the medium period. Add 1 day to distinguish it from the maximum of the minimum. not qualifying or inherent. 77 Par.

Court must consider the following in imposing the fines: a. NOTE: When the minimum of the fine is not fixed. maximum of prision mayor = 7 years. no fault or intention to cause injury NOTES: The Three-Fold Rule 1. needed to see this picture. 1 day to 8 years 2. injury was caused by mere accident 4. 1. 68 provides for 2 privileged mitigating circumstances: 1. Art. Maximum duration: shall not exceed 40 yrs 3. the heinousness of its perpetration c. the magnitude of its effects on the offender’s victims. under 15 but over 9 and has acted w/ discretion: 2 degrees lower 3. in which case he shall be returned to the court for the imposition of the proper penalty. the gravity of the crime committed b. The court can fix any amount of the fine within the limits established by law. Maximum duration of the convict’s sentence: 3 times the most severe penalty imposed 2. act causing the injury must be lawful 2. more particularly. 68: PENALTY TO BE IMPOSED UPON A PERSON UNDER EIGHTEEN YEARS OF AGE NOTE: Art. under 18 but over 15: 1 degree lower ART. the wealth and means of the culprit 3. the court shall have the discretion.No Page 49 of 174 NOTE: If these conditions are not all present. 68 applies to such minor if his application for suspension of sentence is disapproved or if while in the reformatory institution he becomes incorrigible. 4 months 5. 11 and 12 are present. 69: PENALTY TO BE IMPOSED WHEN THE CRIME COMMITTED IS NOT WHOLLY EXCUSABLE NOTE: Penalty to be imposed when the crime committed is not wholly excusable:1 or 2 degrees lower if the majority of the conditions for justification or exemption in the cases provided in Arts. the medium period of prision mayor minimum = 6 years. then the following penalties shall be imposed: 1. mitigating and aggravating circumstances b. months + 8 months = 8 years Therefore. * The three-fold rule shall apply only when the convict is to serve 4 or more sentences successively. Add the 8 months to get the maximum of this maximum 7 years 4. Different Systems Of Penalty (Relative To The Execution Of Two Or More Penalties Imposed The Same Accused) 1. 4 months. 12. 70: SUCCESSIVE SERVICE OF SENTENCE ART. ART. If the act is attended by two or more mitigating circumstances and no aggravating circumstance. 2. The following may also be considered by the court: a. the penalty being divisible. act performed w/ due care 3. Use the maximum of the medium as the minimum period of the maximum period and add 1 day to distinguish. 66: IMPOSITION OF FINES 1. 2. 8 months 1 day to 7 years. Subsidiary imprisonment: This shall be excluded in computing for the maximum duration. grave felony – arresto mayor max to prision correcional minimum . provided it does not exceed the amount authorized by law. a minor over 15 but under 18 may still get a penalty two degrees lower. ART. 67: PENALTY TO BE IMPOSED WHEN NOT ALL THE REQUISITES OF EXEMPTION OF THE FOURTH CIRCUMSTANCE OF ARTICLE 12 ARE PRESENT QuickTime™ and a TIFF (Uncompressed) decompressor are par. 4: Requisites of Art. less grave felony – arresto mayor min to arresto mayor medium ART. Material accumulation system .Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 becomes the maximum of the medium 6 years 8 months + 8 months = 7 years 4 months Therefore.

3. Ex: Reclusion temporal max to death ART. 2. After final sentence. ART. Judgment is final if the accused has not appealed within 15 days or he has expressly waived in writing that he will not appeal. 77: WHEN THE PENALTY IS A COMPLEX ONE COMPOSED OF THREE DISTINCT PENALTIES NOTE: If there are 3 distinct penalties. ART. all the penalties for all the violations were imposed even if they reached beyond the natural span of human life. Juridical accumulation system . Max: reduce by one-fourth 2. — General Provisions Section Three. 2.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 limitation whatsoever. 78: WHEN AND HOW A PENALTY IS TO BE EXECUTED NOTES: Only a penalty by final judgment can be executed. as it is not considered an accessory penalty.Limited to not more than three-fold the length of time corresponding to the most severe and in no case to exceed 40 years. 72: PREFERENCE IN THE PAYMENT OF THE CIVIL LIABILITIES NOTE: The penalties shall be satisfied according to the chronological order of the dates of the final judgment. 79: SUSPENSION OF THE EXECUTION AND SERVICE OF THE PENALTIES IN CASE OF INSANITY Cases of insanity: 1. 70) Chapter Five EXECUTION AND SERVICE OF PENALTIES Section One. To get the lower degree: 1.The lesser penalties are absorbed by the graver penalties. ART. Death must be designated by name. (Art. If he recovers. There could be no subsidiary liability if it was not expressly ordered in the judgment. However. 74: PENALTY HIGHER THAN RECLUSION PERPETUA IN CERTAIN CASES NOTE: If the decision or law says higher than QuickTime™ and a reclusion perpetua TIFF (Uncompressed) decompressor than reclusion or 2 degrees higher are needed to see this picture. then the penalty imposed is reclusion perpetua or reclusion temporal as the case may be. there shall be a minimum. temporal. 76: LEGAL PERIOD OF DURATION OF DIVISIBLE PENALTIES ART. The penalty imposed is prision mayor. Ex: the penalty for crime X is 2 degrees lower than RP. the subsidiary imprisonment must be expressly stated in the decision. the sentence is executed unless it has prescribed. suspend the sentence regarding the personal penalties. Absorption system . for the other penalties. This is followed in our jurisdiction. 75: INCREASING OR REDUCING THE PENALTY OF FINE BY ONE OR MORE DEGREES Page 50 of 174 . Min: the same ART. this does not apply. — Provisions common in the last two preceding sections ART. 3. and not death. The payment of civil of pecuniary liabilities shall not be suspended. ART. However. and accordingly. 73: PRESUMPTION IN REGARD TO THE IMPOSITION OF ACCESSORY PENALTIES NOTE: Accessory penalties are deemed imposed with the principal penalty. a medium and a maximum. 71: GRADUATED SCALES ART.

or evaded . 2. REASONS FOR FIXING THE MAXIMUM AND MINIMUM TERMS IN THE INDETERMINATE SENTENCE The minimum and maximum terms in the IS must be fixed. The aggravating and mitigating circumstances are not considered unless the special law adopts the same terminology for penalties as those used in the RPC (such as reclusión perpetua and the like). IF THE PENALTY IS IMPOSED BY SPECIAL PENAL LAW 1. but he is not fitted for release on the parole. and (b) is fit for release of the prisoner on parole. granted with conditional pardon by the President. for his final release and discharge.It applies to both violations of Revised Penal Code and special laws. But when the paroled prisoner violates any of the conditions of his parole during the period of surveillance. upon terms and conditions prescribed by the Board. 2. Such release will not be incompatible with the welfare of society. misprision of treason. the STARTING POINT for determining the minimum term of the indeterminate penalty is the penalty next lower than that prescribed by the Code for the offense. The MinimumTerm – is within the range of the penalty one degree lower than that prescribed by the RPC. without considering the circumstances. so that the penalty has to be lowered by one degree. Page 51 of 174 . Even if a prisoner has already served the MINIMUM. maximum term of imprisonment does not exceed 1 year 9. escaped from confinement. the Board may issue a final certification in his favor. For SPECIAL LAWS. it is anything within the inclusive range of the prescribed penalty. but violated the terms thereof 8. because they are the basis for the following: 1. sentenced to death penalty or life imprisonment 2. 3. There is reasonable probability that he will live and remain at liberty without violating the law. piracy 5. (b) the prisoner shall serve the remaining unexpired portion of the maximum sentence for which he was originally committed to prison. BUT when there is a privileged mitigating circumstance. after he shall have served the minimum penalty imposed on him. provided that: 1. sentenced to the penalty of destierro or suspension only RELEASE OF THE PRISONER ON PAROLE The Board of Pardons and Parole may authorize the release of a prisoner on parole. to the following persons: 1. he shall continue to serve until the end of the MAXIMUM term. SANCTION FOR VIOLATION OF CONDITIONS OF THE PAROLE When the paroled prisoner shall violate any of the conditions of his parole: (a) the Board may issue an order for his arrest. he may be rearrested to serve the remaining unexpired portion of the MAXIMUM sentence. 4103 as amended by Act No. Such prisoner is fitted by his training for release. sedition or espionage 4. 2. Courts are given discretion in the imposition of the indeterminate penalty. 3. considering the aggravating and mitigating circumstances. The Minimum Term – must not be less than the minimum term prescribed by the same. habitual delinquents 6. ENTITLEMENT TO FINAL RELEASE AND DISCHARGE If during the period of surveillance such paroled prisoner shall: (a) show himself to be a law abiding citizen and. 4225 sentence 7. The Maximum Term – must not exceed the maximum term fixed by said law. or conspiracy or proposal to commit treason 3. treason.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 INDETERMINATE SENTENCE LAW Act No. IF THE PENALTY IS IMPOSED BY THE RPC: 1. rebellion. The Maximum Term – is that which could be properly imposed under the RPC. Whenever a prisoner has: (a) served the MINIMUM penalty imposed on him. 2. and thereafter. Indeterminate sentence is mandatory where imprisonment would exceed one year. and is based on the penalty actually imposed. WHEN BENEFIT OF THE ISL IS NOT APPLICABLE: QuickTime™ and The Indeterminate Sentence Law ashall not apply TIFF (Uncompressed) decompressor are needed to see this picture. (b) shall not violate any law.

and place the defendant on probation. when TIFF (Uncompressed) decompressor needed to see (1) has been found the youthfulareoffender. 7. If the court finds that the youthful offender committed the crime charged against him. if the youthful 8. 3. 80: SUSPENSION OF SENTENCE OF MINOR DELINQUENTS (AS REPEALED BY PD 603: CHILD AND YOUTH WELFARE CODE) offender has behaved properly and has shown his capability to be a useful member of the community. upon application by the defendant within the period for perfecting an appeal. Instead. 9. 196 shall not obliterate his civil liability for damages. The civil liability of the youthful offender may be voluntarily assumed by a relative or a friend. it finds that the best interest of the public and that of the offender will be served thereby. penalties for the parent or guardian: Fine not exceeding P500 and/or imprisonment not exceeding 2 years 1. EXCEPTIONS to suspension of sentence a. To dismiss the case. abets or connives for the commission of the crime or does an act producing. 10. 11. After having convicted and sentenced a defendant. In the latter case. 12. In any case. The parent or guardian of the child is liable when he aids. it shall determine the imposable penalty and the civil liability chargeable against him. if the conditions mentioned are not met. The same shall be done for a child over nine years and under fifteen years of age at the time of the commission of the offense. 4. PROBATION LAW OF 1976 (PD 968. To pronounce the judgment of conviction. or b. When the youthful offender has reached the age of twenty one while in commitment. A youthful offender held for examination or trial who cannot furnish bail will be committed to the DSWD/local rehabilitation center or detention home. or (2) has willfully failed to comply with the conditions of his rehabilitation programs. those convicted for an offense by the military tribunals 6. or (3) when his continued stay in the training institution would be inadvisable. Youthful offender – over 9 but under 18 at time of the commission of the offense 2. in which case he shall be proceeded against in accordance with Article 192. those convicted of death or life imprisonment c. this picture. or nearest relative or family friend in the discretion of the court and subject to its supervision. upon application of the youthful offender. the court shall determine whethera. but it may not pronounce judgment of conviction. based on good conduct as provided in Art. the trial court may suspend the execution of the sentence. 2. the court shall suspend all further proceedings if.a disposition under which a defendant after conviction and sentence is released subject to conditions imposed by the court and to the supervision of a probation officer RULES ON GRANT OF PROBATION 1. promoting or contributing to the child’s being a juvenile delinquent. 13. The final release of a youthful offender. incorrigible. A minor who is ALREADY AN ADULT at the time of his conviction is not entitled to a suspension of sentence. Probation may be granted whether the sentence imposed a term of imprisonment or fine only. The youthful offender shall be returned to the QuickTime™ and a court for pronouncement of judgment. 3. AS AMENDED) PROBATION . those who previously enjoyed a suspension of sentence b.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ART. unless he acted with discernment. The records of the proceeding shall be privileged and shall not be disclosed. A child nine years of age or under at the time of the commission of the offense shall be exempt from criminal liability and shall be committed to the care of his or her father or mother. the convicted offender may apply for probation. 5. the youthful offender shall be credited in the service of his sentence with the full time spent in actual commitment and detention. No application for probation shall be entertained or granted if the defendant has Page 52 of 174 .

the court may: a. offender’s liability for any fine imposed is discharged WHO ARE DISQUALIFIED FROM THE BENEFITS OF PROBATION: 1. within 72 hours from receipt of order. Available institutional and community resources. Filing of application for probation operates as a waiver of the right to appeal. 82: NOTIFICATION AND EXECUTION OF THE SENTENCE AND ASSISTANCE TO THE CULPRIT Section Two. The order granting or denying probation shall not be appealable. case is deemed terminated b. 9. CRITERIA FOR grant of probation: a. or b. period shall not exceed 6 years. Convicted of subversion or any crime against the national security or the public order 3. Upon finding that he has fulfilled the terms and QuickTime™ and a conditions TIFF (Uncompressed) decompressor of his probation. Discretionary or special – additional conditions which the court may additionally impose for the probationer’s correction and rehabilitation outside prison. as long as the probationer’s Constitutional rights are not jeopardized. Mandatory or general – once violated. The offender is in need of correctional treatment that can be provided effectively by his commitment to an institution. c. environment. b. All information relative to the character. — Execution of principal penalties NOTE: Designate a working day. mental. There shall be a prior investigation by the probation officer and a determination by the court. There is undue risk of committing another crime. order the final discharge of the probationer. 2. At any time during probation. Accessory penalties are deemed suspended once probation is granted. 10. The offender under probation must present himself to the probation officer designated to undertake his supervision. at such place as may be specified in the order. Previously convicted by final judgment of an offense punished by imprisonment of not less than 1 month and 1 day and/or a fine not less than P200 4. probation shall be twice the total number of days of subsidiary imprisonment. continue his probation and modify its conditions The court order shall not be subject to appeal. Probation will depreciate the seriousness of the offense committed. 2. Already placed on probation once There are two kinds of conditions imposed upon the offender under probation: 1. Sentenced to serve a maximum term of imprisonment of more the 6 years 2. 8. b. all civil rights lost or suspended are restored c. Probation is not coterminous with its period. 81: WHEN AND HOW THE DEATH PENALTY IS TO BE EXECUTED ART. If the term of imprisonment is not more than one year. Probation is to be denied upon finding of the court that: a. probation shall not exceed 2 years. the court may are needed to see this picture. Duration of Probation Period: 1. When the penalty is a fine only and the offender is made to serve subsidiary imprisonment. ART. 5. The enumeration is not exclusive. the probation is cancelled a. revoke his probation. 4. The convict is not immediately placed on probation. and thus make him serve the sentence originally imposed. This shall have the following effects: a. the court may issue a warrant for the arrest of a probationer for any serious violation of the conditions of probation. if the term of imprisonment is more than one year. 6. There must be an order issued by the court discharging the probationer. antecedents. He should report to the probation officer at least once a month. 3.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 perfected an appeal. 11. and physical condition of the offender b. If violation is established. 7. which shall not be communicated to the offender before the sunrise of Page 53 of 174 .

ART. Page 54 of 174 . lowering the penalty by degrees Execution of Destierro: 1. person over 70 years of age 4. hence extinguished upon payment. PAR. surveillance of an officer of the law whenever the court so provides in the decision due to the health of the offender. Pecuniary penalty is extinguished only when death occurs before final judgment.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 said day. BY AMNESTY Amnesty – is an act of the sovereign power granting oblivion or general pardon. 1. concubine’s penalty for the crime of concubinage 4. PRISION CORRECCIONAL AND ARRESTO MAYOR ART. Criminal liability whether before or after final judgment is extinguished upon death because it is a personal penalty. In the house of the offender. woman. Convict shall not be permitted to enter the place designated in the sentence nor within the radius specified. 88: ARRESTO MENOR NOTE: Served where: 1. he commits evasion of sentence. 2. 85: PROVISIONS RELATIVE TO THE CORPSE OF THE PERSON EXECUTED AND ITS BURIAL ART. 86: RECLUSION PERPETUA. But the reason is not satisfactory just because the offender is a respectable member of the community. Service does not extinguish civil liability. RECLUSION TEMPORAL. which shall not be more QuickTime™ and a than 250 and(Uncompressed) decompressor km from the TIFF not less than 25 are needed to see this picture. If the convict enters the prohibited area. 83: SUSPENSION OF THE EXECUTION OF THE DEATH SENTENCE Death sentence commuted to RP: 1. 89: HOW CRIMINAL LIABILITY IS TOTALLY EXTINGUISHED PAR. ART. place designated. 2. 87: DESTIERRO NOTES: Extinguishment of criminal liability is a ground for motion to quash. death or serious physical injuries is caused or are inflicted under exceptional circumstance 2. The death of the offended party however does not extinguish criminal liability of the accused because it is a crime against the state. It wipes all traces and vestiges of the crime but does not extinguish civil liability. PRISION MAYOR. ART. but under the PAR. after delivery 3. within 1 year. BY DEATH Title Four EXTINCTION OF CRIMINAL LIABILITY Chapter One TOTAL EXTINCTION OF CRIMINAL LIABILITY Destierro Shall Be Imposed In The Following Cases: 1. woman. The execution shall not take place until after the expiration of at least 8 hours following such notification. person fails to give bond for good behavior 3. BY SERVICE OF SENTENCE NOTES: Crime is a debt. 84: PLACE OF EXECUTION AND PERSONS WHO MAY WITNESS THE SAME ART. convict who becomes insane after final sentence of death has been pronounced ART. 3. while pregnant 2. In the municipal jail 2.

For afflictive penalties. Death. period is 15 years. it prescribes in 10 years. the first day is excluded and the last day included. basis will be the highest penalty. Simple slander prescribes in 2 months and grave slander in 6 months. seduction 3. Other afflictive penalties – 15 years 3. Since destierro is a correctional penalty. Light penalties – 1 year Exercised when one is convicted Looks backward and abolishes the offense itself Looks forward and relieves the offender of the consequences Same A private act of the President Does not extinguish civil liability A public act that needs the declaration of the President with the concurrence of Congress PAR. 6. the information can no longer be filed the following day. afflictive penalties – 15 years c. except for the penalty of arresto mayor which prescribes in 5 years 4. Correctional penalties – 10 years. BY PRESCRIPTION OF CRIME Prescription of a crime – is the loss/forfeiture of the right of the state to prosecute the offender after the lapse of a certain time. Conditions: 1. the highest penalty shall be made the basis of the application of above rules. Light offenses – 2 months When the penalty is a compound one. BY MARRIAGE OF THE OFFENDED WOMAN (ART. 344) NOTE: Crimes covered: 1. 5. the state loses the right to prosecute TIFF (Uncompressed) decompressor PRESCRIPTIVE PERIODStoOFthis picture. which exempts the individual from the punishment the law inflicts for the crime. 90: PRESCRIPTION OF CRIME NOTES: In computing for the period. acts of lasciviousness The marriage must be contracted in good faith. 4. deed – 6 months 4.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 PAR. There must be final judgment. CRIMES: are needed see 1. If it is a compound penalty. Death and reclusión perpetua – 20 years 2. Offenses of oral defamation and slander by QuickTime™ and a ART. BY PRESCRIPTION OF PENALTY AMNESTY Extended to classes of persons who may be guilty of political offenses Exercised even before trial or investigation PARDON Exercised individually by the President NOTE: means the loss/forfeiture of the right of government to execute the final sentence after the lapse of a certain time. Crime of libel – 1 year 3. abduction 4. PAR. correctional penalties – 10 years. except those punishable by arresto mayor which shall prescribe in 5 years 2. NOTE: When the crime prescribes. When the last day of the prescriptive period falls on a Sunday or a legal holiday. rape 2. 6. The period must have elapsed. Courts should take judicial notice Must be pleaded and proved PAR. BY ABSOLUTE PARDON Pardon – an act of grace proceeding from the power entrusted with the execution of laws. d. reclusión perpetua or reclusión temporal – 20 years b. 2. Period is subject to leap years. PRESCRIPTIVE PERIODS OF PENALTIES: 1. Crimes punishable by: a. Page 55 of 174 .

are needed to see 3. Penalty is imposed by final sentence. the penalty that was imposed (not the original) shall be the basis for prescription. offended party 2. prescription commences on the day the authorities were told. Prescription begins to run from the discovery thereof. included. proceedings must be stopped NOTE: Art. fine shall be the basis. RoC) Prescription does not take away the court’s jurisdiction but only absolves the defendant and acquits him. However. ART. 93: COMPUTATION OF THE PRESCRIPTION OF PENALTIES The period of prescription commences to run from the date when the culprit evaded the service of his sentence. Convict has not given himself up. 91 applies to a special law when said law does not provide for the application but only provides for the period of prescription. goes to a foreign country with which the Philippines has no extradition treaty 4. Interruption Of The Period: If the convict 1. 92: WHEN AND HOW PENALTIES PRESCRIBE NOTES: Final sentence must be imposed. If a convict can avail of mitigating circumstances and the penalty is lowered. preliminary examination or investigation which is similar to judicial proceeding 2. 3. accepts a conditional pardon Page 56 of 174 . Sec 9. or been captured. 91: COMPUTATION OF PRESCRIPTION OF OFFENSES NOTES: If there is nothing concealed (appears in a public document). Filing complaint with the court that has proper jurisdiction The Period Commences To Run Again When The Proceeding Is Terminated: 1. Fines less than P200 fall under light penalty. Crime needs to be discovered by: 1. The period of prescription for crimes which continue never runs. Those above are correccional. authorities 3. filing the proper complaint with the QuickTime™ and a TIFF office. would constitute a legal excuse or justification (See Rule 117. be captured 3. Requisites: 1. except if the grounds are: 1. Without the accused being convicted or acquitted 2. an unappealed conviction or acquittal Unjustifiably stopped for any reason – ex: accused evades arrest. or gone to a foreign country with which we have no extradition treaty. commits another crime before the expiration of the period of prescription 5. facts charged do not constitute an offense 2. Convict evaded service of the sentence by escaping during the term of his sentence. The proceeding is unjustifiably stopped for a reason not imputable to the offender When such proceedings terminate – termination that is final. their agents If a person witnesses the crime but only tells the authorities 25 years later. gives himself up 2. or committed another crime. it is still the original penalty that is used as the basis for prescription. 2.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 If fine is an alternative penalty (imposed together with a penalty lower than the fine). It is interrupted when proceedings are instituted and shall begin to run again when the proceedings are dismissed. Police not decompressor prosecutor’s (Uncompressed) this picture. the averments. if the convict already serves a portion of his sentence and escapes after. Penalty has prescribed. criminal action or liability has been extinguished 4. 4. he is deemed to have waived all objections. the crime commences to run on the date of the commission. If an accused fails to move to quash before pleading. because of the lapse of time from the date of the evasion of the service of the sentence. court has no jurisdiction 3. What Interrupts Prescription? 1. if true. ART. ART.

Reason: During the period he escaped. 94: PARTIAL EXTINCTION OF CRIMINAL LIABILITY Conditional pardon – contract between the sovereign power of the executive and the convict NOTE: Convict shall not violate any of the penal laws of the Philippines. by decreasing the length of the imprisonment or fine Commutation Allowed When: 1. 98: SPECIAL TIME ALLOWANCE FOR LOYALTY ART. he is only supposed to serve the remainder of his sentence. without granting pardon. It does not interrupt it. person is over 70 years old 2. Prosecution under Art. the running of the prescription is still interrupted. ART. may be rearrested. ART. Prisoner is also allowed special time allowance for loyalty which is 1/5 deduction of the period of his sentence.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 NOTES: If a government has an extradition treaty with the country to which a convict escaped. a convict may be returned to the custody and continue to serve his sentence without deducting the time that elapsed. his existence was one of fear and discomfort. but the crime is not included in the treaty. degree of the penalty 2. convict may be prosecuted under 159 NOTES: allowance for good conduct not applicable when prisoner released under conditional pardon. good conduct time allowance is given in consideration of good conduct of prisoner while he is serving sentence. 97: ALLOWANCE FOR GOOD CONDUCT CONDITIONAL PARDON Given after final judgment PAROLE Given after service of the minimum penalty Given by the Board of Pardons and Parole For violations. convict serves remaining sentence QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. 95: OBLIGATION INCURRED BY PERSON GRANTED CONDITIONAL PARDON Page 57 of 174 . In case his parole conditions are not observed. ART. unless an intention to extend it beyond the time is manifest. Rolito Go case: Since he was captured. Evasion of sentence starts the running of the prescription. 96: EFFECT OF COMMUTATION OF SENTENCE ART. 159 COMMUTATION – change in the decision of the court by the chief regarding the: 1. Good conduct allowance during confinement – Deduction for the term of sentence for good behavior Allowances For Good Conduct Per Year Allowance 5 days per month of good behavior 3rd to 5th years 8 days per month of good behavior Following years up to 10 days per month of good 10th year behavior 11th year and 15 days per month of good successive years behavior NOTE: Condition of pardon is limited to unserved portion of the sentence. PAROLE – consists in the suspension of the sentence of a convict after serving the minimum term of the indeterminate penalty. Acceptance of the conditional pardon interrupts the prescription period. Offender is re-arrested and re-incarcerated 2. Granted by Chief Executive For violation. In Case Of Violation Of Conditions: 1. 8 justices fail to reach a decision affirming the death penalty Years First 2 years NOTES: Consent is not necessary in commutation. prescribing the terms upon which the sentence shall be suspended.

2. and a person under 15 years. Art 158 provides for increased penalties: A convict who has evaded the service of his sentence by leaving the penal institution on the occasion of disorder resulting from conflagration. honor or chastity ART. Dismissal of the information or the criminal action does not affect the right of the offended party to institute or continue the civil action already instituted arising from the offense. (e. offender is not civilly liable. cannot be revoked by him. rape or other lascivious acts. medicines as well as salary or wages unearned 2. like crime of physical injuries – whatever he spent for treatment of wounds. Exemption from criminal liability in favor of an imbecile or insane person. Crimes against persons. the state. Moral Damages: seduction. personal injury – caused by the victim who may have suffered damage. 99: WHO GRANTS TIME ALLOWANCES NOTES: The authority to grant time allowance for good conduct is exclusively vested in the Director. because of the disturbance of peace and order 2. rebellion. earthquake or similar catastrophe or during mutiny in which he did not participate is liable to an increased penalty (1/5 of the time still remaining to be served – not to exceed 6 months). libel. contempt and others where no civil liability arises on the part of the offender either because there are no damages or there is no private person injured by the crime Damage that may be recovered in criminal cases: 1.g. doctor’s fees. provincial warden cannot usurp Director’s authority) It is not an automatic right. either to his person. or over 15 but under 18 who acted without discernment and those acting Page 58 of 174 Title Five CIVIL LIABILITY QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. slander or any other form of defamation. espionage. and once granted. the private person injured. because such dismissal does not carry with it the extinction of the civil one. illegal or arbitrary detention or arrest. malicious prosecution 3. When accused is acquitted on ground that his guilt has not been proven beyond reasonable doubt. Exemplary Damages: imposed when crime was committed with one or more aggravating circumstances NOTES: If there is no damage caused by the commission of the crime.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 NOTES: The article applies only to prisoners who escaped. There is a deduction of 1/5 of the period of sentence of prisoner who. The deduction is based on the original sentence and not on the unexpired portion. if he fails to give himself up to the authorities within 48 hours following the issuance of a proclamation by the President announcing the passing away of the calamity. 100: CIVIL LIABILITY OF A PERSON GUILTY OF FELONY Dual Character Of The Crime As Against: 1. having evaded the service of his sentence during the calamity or catastrophe mentioned in Art 158. unless it involves the crime of treason. illegal search. abduction. adultery or concubinage. property. gives himself up to the authorities within 48 hours following the issuance of the proclamation by the President announcing the passing away of the calamity or catastrophe. social injury – produced by disturbance and alarm which are the outcome of the offense . Chapter One PERSON CIVILLY LIABLE FOR FELONIES TWO CLASSES OF CIVIL LIABILITY 1. a civil action for damages for the same act or omission may be instituted. ART.

the property of the insane. defamation. minor or imbecile not exempt from execution shall be held liable. Page 59 of 174 . 1. 2. Acquittal in the criminal action for negligence does not preclude the offended party from filing a civil action to recover damages. it is essential that there be 2 cases involved. with discernment a. in case of his death or incapacity. Pars. the minor or insane person shall be answerable with his own property in an action against him where a guardian ad litem shall be appointed. even if the convict has started serving the sentence. those doing the act are responsible. based on the theory that the act is a quasidelict. the trial court can amend the judgment of conviction by adding a provision for the civil liability of the accused.5 and 6 are NOT exempt from civil liability although exempt from criminal liability. The father and. par. civil action is against a member of a city or municipal police force for refusing or failing to render aid or protection to any person in case of danger to life or property Prejudicial Question – one which arises in a case. (elements provided in Rule 111. b. If there is no fault or negligence. 4 (injury caused by mere accident) and par. Guardians over minors who are under their authority and live in their company c. 3. If offender dies prior to the institution of the action or prior to the finality of judgment. Section 7 of RoC) For the principle to apply. An independent civil action may be brought by the injured party during the pendency of the criminal case provided the right is reserved. over 15 but under 18. or even with fault but are insolvent and there are no persons having legal authority over them. a civil and a criminal case. ART. 7 (failure to perform an act required by law when prevented by some lawful or insuperable cause). If there are no parents or guardian. QuickTime™ and a TIFF (Uncompressed) decompressor the resolution of which is a logical antecedent of the are needed to see this picture. primarily persons having legal authority or control over him. no reservation needed) i. persons acting under an irresistible force or uncontrollable fear – Persons using violence or causing the fear are primarily liable. any of the cases referred to in Art 32 (perpetual or temporary disqualification for exercise of the right of suffrage) ii.2.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 under the impulse of irresistible force or under the impulse of an uncontrollable fear of an equal or greater injury does not include exemption from civil liability. acts of insane or minor exempt from criminal liability a. 101: RULES REGARDING CIVIL LIABILITY IN CERTAIN CASES General Rule: Exemption from criminal liability does not include exemption from civil liability. Reservation is necessary in the following cases: (according to Herrera. Who Are Civilly Liable For: 1. issue involved in said case and the cognizance of which pertains to another tribunal. civil liability ex delicto is extinguished. the private prosecutor has a right to appeal for the purposes of the civil liability of the accused. The appellate court may remand the case to the trial court for the latter to include in its judgment the civil liability of the accused Before expiration of the 15-day period to appeal. When the court found the accused guilty of criminal negligence but failed to enter judgment of civil liability. NOTE: Final release of a child based on good conduct does not remove his civil liability for damages. are responsible for the damages caused by the minor children who live in their company. 12. if at fault or negligent (except if proven that they acted without fault or with due diligence) b.3. fraud and physical injury (bodily injury and not the crime of physical injury) iii. the mother. Prejudicial questions must be decided before any criminal prosecution may be instituted or may proceed. Exception: No civil liability in Art. If there are none.

where a person does an act. Any of their servants. The person criminally liable is insolvent. 2. the person benefited by the prevention of the evil or injury shall be civilly liable in proportion to the benefit he received. tavernkeeper or any other person or corporation is subsidiarily liable for the crime committed in his establishment. 3. The court shall determine the proportionate amount for which each shall be liable. Private persons without business or industry are not subsidiarily liable. 102: SUBSIDIARY CIVIL LIABILITY OF INNKEEPERS. 4 of Art. person or corporation is engaged in any kind of No restitution as the liabilities are to paid out of the property of the offender No fines and costs of Includes fines and costs of proceedings proceedings Page 60 of 174 . and (4) the writ of execution was returned unsatisfied. the innkeeper. 2. 11. tavernkeeper or proprietor of the establishment or his employee committed a violation of municipal ordinance or some general or special police regulation. in order to avoid evil or injury. 39 on subsidiary penalty will apply. it is incumbent upon the movant to prove that. such will be determined by special laws or regulations. Industry – any department or branch of art. On the other hand. During the hearing of the said motion. teacher. especially one w/c employs so much labor and capital is a distinct branch of trade NOTES: Hospitals are not engaged in industry. 103: SUBSIDIARY CIVIL LIABILITY OF OTHER PERSONS Requisites: 1. The guests notified in advance the innkeeper of the deposit of such goods within the inn or house. The judgment obligee only needs to file a motion for subsidiary execution. apprentices or employees commits a felony while in the discharge of his duties. CIVIL LIABILITIES Includes reparation and indemnification Includes restitution (return property taken). The innkeeper. The employer. occupation or business. PAR. 3. (3) the convict committed the crime while in the discharge of his duties. workmen. industry. they are not subsidiarily liable for acts of nurses.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 General Rule: no civil liability in justifying circumstances Exception: par. Civil liability in case of state of necessity Those who benefited by the act are liable. If the government or majority of the inhabitants are held responsible. (2) the employer is engaged in an industry. TAVERNKEEPERS AND PROPRIETORS OF ESTABLISHMENTS PAR. A separate trial is not necessary to enforce the subsidiary liability of the employer. causing damage to another. A crime is committed in such establishment. ART. 2. hence. The said employee is insolvent and has not satisfied his civil liability. Such goods (Uncompressed) decompressor of QuickTime™ and a lodging therein the guests TIFF were taken are needed to see thisw/ force upon things by robbery picture. Art. 1 Requisites: 1. 3. The employer’s subsidiary liability arises when it is proved that the convict committed the crime while at the service of the employer and the writ of execution issued against the accused is returned unsatisfied. if the convict committed the crime but NOT while in the service of an employer and he cannot pay his civil liability. pupils. or theft committed within the inn or house. NOTE: When all these are present. The guests followed the directions of the innkeeper or his representative with respect to the care of and vigilance over such goods. (1) an employeremployee relationship exists. nothing to pay in terms of money PECUNIARY LIABILITIES Same ART. 2: Requisites: 1.

The court has authority to order the reinstatement of the accused acquitted of a crime punishable by the penalty of perpetual or temporary disqualification. be properly decreed by the court in a judgment of acquittal. by way of restitution. then he is an accessory and therefore criminally liable. either because it was lost or destroyed by the accused himself or that by any other person or as a result of any other cause or causes. the court cannot order its return in the criminal case. Indemnification – the loss of salary or earnings ART. Reparation – In case of inability to return the property stolen. 107: INDEMNIFICATION. the culprit is duty bound to return the property stolen. Circumstances which bar an action for recovery: (a) torrens title. The owner of the propertya illegally taken by QuickTime™ and TIFF (Uncompressed) decompressor the offender are needed to see this picture. 104: WHAT IS INCLUDED IN CIVIL NOTE: The first remedy granted by law is restitution of the thing taken away by the offender. plus its sentimental value. Payment by the insurance company does not relieve the offender of his obligation to repair the damage caused.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Chapter Two WHAT CIVIL LIABILITY INCLUDES property may be reimbursed with the price paid therefor if it be acquired at (a) a public sale and (b) in good faith. Reparation shall be: the price of the thing. If the property stolen while in the possession of the third party suffers deterioration due to his fault. such property will be returned to the owner. It devolves upon the head of the department concerned to do so. indemnity for consequential damages may be required. provided the offense is proved and it is shown that the thing belongs to someone else. Damages shall be limited to those caused by the crime. HOW MADE NOTES: The convict cannot. Payment of salary of an employee during the period of suspension cannot. even if accused is acquitted. if restitution cannot be made by the offender or by his heirs. In either case. The third party who acquired the stolen NOTES: The court orders reparation if restitution is not possible. in addition to the return of the property. ART. and not from a criminal act. HOW MADE ART. can recover it from whomsoever is in possession thereof. as a general rule. the law allows the offended party reparation. Thus. The very thing should be returned. Restitution may be ordered. 106: REPARATION. 105: RESTITUTION. If the thing is acquired by a person knowing that it was stolen. the court will assess the amount of the deterioration and. (b) when sale is authorized When the liability to return a thing arises from a contract. ART. even if the rd property stolen was acquired by a 3 person by purchase without knowing that it has been stolen. Restitution – In theft. The accused is liable for the damages caused as a result of the destruction of the property after the crime was committed. Page 61 of 174 . In case of physical injuries. the culprit must pay the value of the property stolen. give to the offended party a similar thing of the same amount. reparation cannot be made. If there is no evidence as to the value of the thing unrecovered. WHAT IS INCLUDED NOTES: Indemnity refers to crimes against persons while reparation to crimes against property. no restitution or reparation of the thing can be done. the reparation of the damage caused would consist in the payment of hospital bills and doctor’s fees to the offended party. kind or species and quality. the culprit will be ordered to pay such amount. When crime is not against property.

the accomplices shall be subsidiarily liable. ART. UPON WHOM IT DEVOLVES NOTES: The heirs of the person liable has no obligation if restoration is not possible and the deceased left no property. payment or performance 2. REPARATION FOR DAMAGES. 110: SEVERAL AND SUBSIDIARY LIABILITY OF PRINCIPALS. illegal or arbitrary detention 5. payment for the loss of the earning capacity of the deceased 2. OR INDEMNIFICATION FOR CONSEQUENTIAL DAMAGES AND ACTIONS TO DEMAND THE SAME. physical injuries 2. Preference In Enforcement Of Subsidiary Liability: 1. B sold the ring to C for 500. malicious prosecution in the jointly and severally liable. The spouse. accomplices and accessories is liable solidary for their share and subsidiarily liable for the share of the other classes. may demand support from the defendant.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Indemnity for medical services still unpaid may be recovered. libel. against that of the accomplice 3. ACCOMPLICES AND ACCESSORIES OF A FELONY. illegitimate descendants and ascendants of the deceased may demand for moral damages. loss of the thing due 3. ART. Chapter Three EXTINCTION AND SURVIVAL OF CIVIL LIABILITY ART. The amount of damages for death shall be at least 50. abduction. confusion or merger of the rights of creditor and debtor 5. rendered against him. the action for restitution must necessarily be dismissed. In case of the insolvency of the principal. who is not an heir. In addition: 1.000. seduction. for the indemnity due from said principal. If the death of the offender took place before QuickTime™ and a (Uncompressed) of any final TIFFjudgment decompressor conviction was are needed to see this picture. Civil liability is possible only when the offender dies after final judgment. PREFERENCE IN PAYMENT Each class of principals. Contributory negligence on the part of the offended party reduces the civil liability of the offender. ART. novation Page 62 of 174 . defamation 7. compensation 6. adultery. 3. 112: EXTINCTION OF CIVIL LIABILITY Civil Liability Is Extinguished By: 1. otherwise he would be liable as an accessory and this article will not apply. slander. concubinage 4. If the deceased was obliged to give support. 108: OBLIGATION TO MAKE RESTORATION. The civil liability may be increased only if it will not require an aggravation of the decision in the criminal case on which it is based. The third person must be innocent of the commission of the crime. the principal shall be subsidiarily liable for their share of the indemnity. A stole a ring worth 1k which he gave to B who accepted it without knowledge that it was stolen. against that of the accessories ART. Ex. B is liable to make restitution up to 500 only. against the property of the principal 2. illegal search 6. even though there may have been mitigating circumstances. 109: SHARE OF EACH PERSON CIVILLY LIABLE NOTE: In case of insolvency of the accomplices. the recipient. Moral damages may be recovered following: 1. condonation or remission of the debt 4. rape 3. 111: OBLIGATION TO MAKE RESTITUTION IN CERTAIN CASES NOTES: This refers to a person who has participated gratuitously in the proceeds of a felony and he is bound to make restitution in an amount equivalent to the extent of such participation.

NOTES: • Treason – breach of allegiance to the government by a person who owes allegiance to it. Actual assembling of men b. or b. in return for protection they receive • Treason is a war crime . Probation affects only the criminal aspect of the crime. commutation of the sentence or any other reason. • Mere acceptance of public office and discharge of official duties under the enemy do not constitute per se the felony of treason. and 3.there is actual hostilities . But when the position is policy-determining. TIFF (Uncompressed) decompressor are needed to see this picture.no need for a declaration of war. Under the law as amended.punished by state as a measure of self-protection • Committed in times of war (not peace) when .must be with intent to overthrow the government as such.2.requires: a. TITLE ONE CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS Section 1 – Treason and Espionage ART 114. A pardon shall in no case exempt the culprit from the payment of the civil indemnity imposed upon him by the sentence. Offender is a Filipino citizen or an alien QuickTime™ and a resident. civil liability subsists even if the offender has served sentence consisting of deprivation of liberty or other rights or has not served the same. by force 2. BOOK II PERSONS LIABLE: 1. Purpose of executing a treasonable design. RPC) • Treason by an alien must be committed in the Philippines. While amnesty wipes out all traces and vestiges of the crime. • Allegiance – obligation of fidelity and obedience which individuals owe to the government under which they live or to their sovereign. giving aid or comfort. even if the subsidiary imprisonment is served for nonpayment of fines. Offender either – a. (EO 44). Alien Residing – temporary allegiance. Levying war against government . commit treason only while residing in Philippines NOTES: • Treason committed in a foreign country may be prosecuted in the Philippines. 2. Filipino – permanent allegiance. pardon. There’s a war in and Philippines is involved. Levies war against the government. Adheres to enemies. due to amnesty. can commit treason anywhere 2. Adheres to enemies – following must concur together: a. WAYS TO COMMIT TREASON: 1. Actual adherence b. (Art. this pecuniary liability of the defendant is not extinguished. not merely to repeal a particular statute or to resist a particular officer. it does not extinguish the civil liability of the offender. the acceptance of public office and the discharge of official duties constitute treason. Give aid or comfort NOTES: • Levying war .Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ART. • Not necessary that those attempting to overthrow the government by force of arms Page 63 of 174 . TREASON ELEMENTS: 1. 113: OBLIGATION TO SATISFY CIVIL LIABILITY NOTES: Unless extinguished.

offender can still be prosecuted.8). One witness b. or b.Obedience to de facto government • NOT DEFENSE: . Even after the war. and the fact that the crime is committed in abnormal times. or an act w/c weakens or tends to weaken the power of the government or the country to resist or to attack the enemies of the gov’t or country and is therefore inseparable from treason itself. If the other accepts. in whole or in part Adherence – intellectually or emotionally favors the enemy and harbors sympathies or convictions disloyal to his country’s policy or interest. . They decide to commit it. In time of war 2. • Two-witness rule – not applicable since this is a crime separate from treason • Mere proposal even without acceptance is punishable. CONSPIRACY AND PROPOSAL TO COMMIT TREASON WAYS TO PROVE: 1. but the act. Circumstances surrounding act NOTES: • To convict: testimonies must relate to the same overt act – not two similar acts • If act is separable – each witness can testify to parts of it. Two or more persons come to an agreement to a.treachery • Treason is a continuing crime. when small differences may in mortal enmity wipe out all scruples in sacrificing the truth. Page 64 of 174 . Nature of act itself c. the crime committed will be treason. for which death is one of the penalties provided by law. In time of war. too. A person who has decided to levy war against the government. • Mere agreement and decision to commit treason is punishable.Joining the enemy army thus becoming a citizen of the enemy • ART. Judicial confession of accused 2. it is already conspiracy. 2. levy war against the government. • If actual acts of treason are committed after the conspiracy or proposal. and the conspiracy or proposal is considered as a means in the commission thereof. • DEFENSE: .superior strength . or to adhere to the enemies and to give them aid or comfort 3.Suspended allegiance . ELEMENTS – PROSOPAL: 1.Evident premeditation are needed to see this picture.Duress or uncontrollable fear . Treason a. Extreme seriousness of the crime. General Notes: • Inherent circumstances they do not aggravate the crime and a QuickTime™ TIFF (Uncompressed) decompressor . Aid or Comfort – act w/c strengthens or tends to strengthen the enemy of the government in the conduct of war against the government. Testimony of at least 2 witnesses to the same overt act b. Art 115 is an exception as it specifically penalizes conspiracy and proposal to commit treason. 115. adhere to the enemies and to give them aid or comfort 3.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 • should have the apparent power to succeed in their design. must be identifiable as an overt act • Confession must be in open court • Reason for 2-witness rule special nature of the crime requires that the accused be afforded a special protection not required in other cases so as to avoid a miscarriage of justice. conspiracy and proposal to commit a felony is not punishable (ART. Adherence a. Proposes its execution to some other person/s. • No treason through negligence since it must be intentional • No complex crime of treason with murder – murder is the overt act of aid or comfort ELEMENTS – CONSPIRACY: 1. as a whole. General Notes: • As a general rule.

Has knowledge of any conspiracy (to commit treason) against the government 4. official of the DILG is OK. That his purpose is to obtain information. • Crime doesn’t apply if crime of treason is already committed and it is not reported. mayor or city fiscal). ART. He conceals or does not disclose the same to the authorities in w/c he resides.. QuickTime™ and a ELEMENTS: (Uncompressed) decompressor TIFF are needed to see this picture. plan or other data of confidential nature relative to the defense of the Philippines. transmitting. naval or military establishment or reservation. • RPC mentions 4 individuals (i.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ART. That he has no authority therefore. That he has in his possession the articles. PERSONS LIABLE: 1. MISPRISION OF TREASON 2. • In the first mode of committing the felony. and 3. NOTES: • Offender is punished as an accessory to the crime of treason. transmitting. or losing information respecting the national defense with intent or reason to believe that the information is to be used to the injury of the Republic of the Philippines or the advantage of a foreign nation.e. 2. fort. By disclosing to the representative of a foreign nation the contents of the articles. Filipino b. ELEMENTS: 1. Second mode: a. General Notes: • Espionage is the offense of gathering. a warship. or military or naval establishment or reservation to obtain any information. and 3. Offender owes allegiance to the government 2. which he had in his possession by reason of the public office he holds. governor. • Wiretapping is not espionage if the purpose is not connected with the defense. by reason of the public office he holds. NOTES: • Being a public officer is a requirement in the second paragraph • It is aggravating in the first. By entering. and adhering to the enemy giving him aid or comfort ELEMENTS: 1. fort. but what if you report to some other high-ranking government. MODES of COMMITTING ESPIONAGE: 1. official? Ex: PNP Director? Judge Pimentel says any governement. • But is actually principal to this crime. alien residing 2. photographs or other data of a confidential nature relative to the defense of the Philippines. without authority. That he discloses their contents to a representative of a foreign nation. 2. That the offender is a public officer. ESPIONAGE ESPIONAGE – is the offense of gathering. or losing information respecting the national defense with the intent or reason to believe that the information is to be used to the injury of the Philippines or the advantage of any foreign nation. • It is a crime of omission. First mode: a. Not a foreigner 3. 1. That the offender enters a warship. it is not necessary that the offender succeeds in obtaining the information. 116. Page 65 of 174 . TREASON ESPIONAGE In both – not conditioned by citizenship of offender Committed in war time War and Peace time Limited in two ways of Committed in many ways committing crime: levying war. data or information referred to in the first mode of committing espionage. Offender is a public officer. It is not conditioned on citizenship. plans. provincial fiscal. data or information referred to in the preceding paragraph. 117.

Page 66 of 174 Section Two – Provoking War & Disloyalty in Case of War ART. the penalty is higher. 6. disloyalty. 2. 2. 118. INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS ELEMENTS: 1. notice or information might be useful to the enemy 2. the offender is any person. NO. Such acts provoke or give occasion for a war involving or liable to involve the Philippines or expose Filipino citizens to reprisals on their persons or property. QUALIFYING CIRCUMSTANCES: 1. it could be economic reprisals. VIOLATION OF NEUTRALITY C. That there is a regulation issued by competent authority for the purpose of enforcing neutrality. 5.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ART. or denial of entry into their country. • Example: X burns Chinese flag. offender intended to aid the enemy • A hostile country exists only during hostilities or after the declaration of war. and 7. that is reprisal. NOTES: • Circumstances qualifying the offense: 1. naval. That the offender makes correspondence with an enemy country or territory occupied by enemy troops. Offender intended to aid the enemy. 4.e. If China bans the entry of Filipinos into China. Offender performs unlawful or unauthorized acts. • In inciting to war. • Intent of the offender is immaterial. Conspiracy to commit the foregoing acts. carried on in ciphers or conventional signs. containing notice or information which might be useful to the enemy. If the offender is a public officer. 3. • Neutrality of the Philippines that was violated. • There has to be a regulation issued by competent authority for enforcement of neutrality – offender violated it • Being a public officer or employee has higher penalty ART. 120. 616 An Act to Punish Espionage and Other Offenses Against National Security ACTS PUNISHABLE: 1. That the offender violates such regulation. or c. ELEMENTS: 1. mutiny or refusal of duty of any member of the military. . causing in any manner insubordination. 2. or air forces of the Philippines). Disloyal acts in time of war. or b. 2. 3. • Reprisals are not limited to military action.A. CORRESPONDECE WITH HOSTILE COUNTRY ELEMENTS: 1. Notice or information might be useful to the enemy. the offender harbors a person whom he knows as someone who committed or is about to commit a violation of this Act). NOTES: QuickTime™ and a • Crime is TIFF (Uncompressed) decompressor peace. committed in time of are needed to see this picture. Unlawfully obtaining or permitting to be obtained information affecting national defense. Unlawful disclosing of information affecting national defense. Harboring or concealing violators of the law (i. Photographing from aircraft of vital military information. 119. • Correspondence to enemy country is correspondence to officials of enemy country even if said official is related to the offender. Disloyal acts or words in time of peace (i. prohibited by the government. That there is war in which the Philippines is not involved.e. NOTES: • This crime is committed only in time of war. and 3. 2. There’s a war in and Philippines is involved. That the correspondence is either – a.

and all waters belonging to the Philippines by historic or legal title. P. If prohibited. between and connecting each of the islands of the Philippine Archipelago. 121. 2. 122. without lawful authority and done with animo furandi and in the spirit and intention of universal hostility. • An alien resident may be held guilty for this crime because an alien owes allegiance to the Philippine government albeit temporary. If ciphers were not used. • Philippine waters – all bodies of water.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 • • • • It is not correspondence with private individual in enemy country. parts of the sea that are not included in the exclusive economic zone. 3. (Sec. Offenders – not members of its complement nor passengers of the vessel. Page 67 of 174 ART. correspondence is punishable. 122. seize whole or part of vessel’s cargo. Offender owes allegiance to the government. Filipino citizen 2. 122 and 123 in Philippine waters was under P.any waters on the sea coast which are without the boundaries of the low water mark although such waters may be in the jurisdictional limits of a foreign government. A. FLIGHT TO ENEMY’S COUNTRY ELEMENTS: 1. COMMIT: are 1. or the raising of commotions and disturbances on board a ship against the authority of its commander. there is no crime. and 3. no need for prohibition of the government. as amended by R. equipment or personal belongings of its complement or passengers. Offender attempts to flee or go to enemy country. the seabed. 532. breath. 2. there is a need for prohibition of the government. attack or seize vessel (if committed by crew or passengers. the commission of the acts described in Arts. Section Three – Piracy & Mutiny on The High Seas ART. If there is none. such as but not limited to seas. even if one went to enemy country. PIRACY – it is robbery or forcible depredation on the high seas. • There must be a prohibition. the offenders being strangers to the vessels. its equipment or personal belongings of its complement or passengers. QuickTime™ and a . 2. Going to enemy country is prohibited by competent authority. That the offenders – a. There’s a war and Philippines is involved. the insular shelves. bays. NOTES: • High seas .D. and 4. or in the archipelagic waters of an archipelagic state (United Nations Convention on the Law of the Sea). 7659 Piracy and Mutiny in Philippine waters is punishable. around. in the territorial seas. By attacking or seizing a vessel on the high seas or in the Philippine waters (PD 532). A vessel is on the high seas or Philippine waters. length or dimension. Alien residing in the Philippines NOTES: • Mere attempt consummates the crime. Art. • Before R. However. ELEMENTS of PIRACY: 1. or b. By seizing the whole or part of the cargo of said vessels. irrespective of its depth. It is immaterial if correspondence contains innocent matters. piracy and mutiny only on the high seas was punishable.A. No. PERSONS LIABLE: 1. 7659 amended Art 122.D. or in the internal waters of a state. No. PIRACY IN GENERAL AND MUTINY ON THE HIGH SEAS TIFF (Uncompressed) decompressor PIRACY – MODES TOneeded to see this picture. the crime is not piracy but robbery in the high seas). 2. and other submarine areas over which the Philippines has sovereignty and jurisdiction. If ciphers were used. including territorial sea. gulfs. 532) • Now. MUTINY – the unlawful resistance to a superior.

there is intent to gain and the manner of committing the crime is the same.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 • • • Piracy in high seas – jurisdiction of any court where offenders are found or arrested. or seizing or usurping the control thereof while it is in flight. or 3. WITHIN PHIL. Knowingly aids or protects pirates. Anti-Piracy Offender is passenger crew or PD 532 (ANTI-PIRACY AND ANTI-HIGHWAY QuickTime™ and a TIFF (Uncompressed) decompressor ROBBERY LAW OFpicture. Abandonment of victims without means of saving themselves. By compelling a change in the course or destination of an aircraft of Philippine registry. But if rape committed on someone below 7 during the time of piracy – reclusion perpetua to death. or the raising of commotion and disturbances on board a ship against the authority of its commander. It may be punished in the competent tribunal of any country where the offender may be found or into which he may be carried. Acquires or receives property taken by such pirates. piracy is part of robbery and theft. For purposes of the Anti-Fencing Law. piracy may be committed even by a passenger or member of the complement of the vessel. Page 68 of 174 . NOTE: Under PD 532. Intent to gain is not an element Attack from the inside. 2. Offenders are strangers to the vessel. ACTS PUNISHABLE: 1. 6235 Anti-Hijacking Law VESSEL – any vessel or watercraft used for (a) transport of passengers and cargo or (b) for fishing. 2. Seizure of the vessel by boarding or firing upon the same. RPC Offender is an outsider PD 532. ROBBERY ON HIGH SEAS The offender is a member of the complement or a passenger of the vessel. 123. 122. In both. QUALIFIED PIRACY QUALIFYING CIRCUMSTANCES: 1. MUTINY Unlawful resistance to a superior officer. WATERS Art. A. are needed to see this 1974) R. without lawful authority and done with animo furandi and in the spirit and intention of universal hostility. NO. Piracy in internal waters – jurisdiction of Philippine courts. PIRACY The offender is an outsider. PIRACY Robbery or forcible degradation on the high seas. or in any manner derives any benefit. old – penalty is death under the new rape law. Ex: If rape is committed on someone below 7 yrs. Piracy was accompanied by murder. regardless of the number of victims. • There is a conflict between this provision and the provision on rape. physical injuries. ART. homicide. Directly or indirectly abets the commission of piracy. • Piracy is a crime not against any particular state but against all mankind. • Themurder/rape/homicide/physical injuries must have been committed on the passengers or on the complement of the vessel. Attack from outside. NOTES: • Parricide/infanticide should be included (according to Judge Pimentel). • QUALIFIED PIRACY – a SPECIAL COMPLEX CRIME punishable by reclusión perpetua to death. 3. AIDING OR ABETTING PIRACY REQUISITES: 1. Intent to gain is an element. or rape.

and Page 69 of 174 . Mere attempt is not enough. the offense must be committed while in flight.Person to be arrested is an escaped prisoner. By compelling an aircraft of foreign registry to land in Philippine territory or seizing or usurping the control thereof while it is in the said territory. ART. • Rolito Go v. • Where the aircraft is of foreign registry. The crime is accompanied by murder. or carrying in any passenger aircraft operating as a public utility w/in the Philippines. By detaining a person without legal ground 2. QUALIFYING CIRCUMSTANCES (Par 1 & 2): 1. Palacios) • Where the aircraft is of Philippine registry. • For “firing upon” to qualify the offense. NOTES: (Atty. NOTES: (Atty. Palacaios) • For “firing upon” to qualify the offense. DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER JUDICIAL AUTHORITIES CLASSES OF ARBITRARY DETENTION: 1.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 2. Enrile: Rebels later on retire. offender must have actually fired weapon. or . corrosive or poisonous substance or material. 125.Arresting officer must have personal knowledge that the person probably committed the crime. the rebels continue to engage in rebellion. or has been committed. NOTES: • Arbitrary detention is the deprivation by a public officer of the liberty of a person w/o any legal ground. That it was without legal grounds.violent insanity or other ailment requiring compulsory confinement of the patient in a hospital • Grounds for warrantless arrest: . CA is an example of arbitrary detention (Judge Pimentel) • Ramos v. 2. Hence. offense need not take place while in flight. crew member or passenger.commission of a crime . • Though the elements specify that the offender be a public officer or employee. That the offender is a public officer or employee (whose official duties include the authority to make an arrest and detain persons). flammable. and 3. • Legal grounds for the detention of any person: . Arrest can be made without a warrant because rebellion is a continuing crime. That he detains a person. is being. ARBITRARY DETENTION ELEMENTS: 1. 124. Exploding or attempting to explode any bomb or explosive to destroy the aircraft. . or 3. the act must take place after all exterior doors are closed following embarkation.Crime is about to be. By shipping. TITLE TWO CRIMES AGAINST THE FUNDAMENTAL LAWS QuickTime™ and OF (Uncompressed) decompressor THE STATE a TIFF are needed to see this picture. Delay in the delivery of detained persons to the proper judicial authorities 3. private individuals who conspire with public officers can be liable as principals. Delaying release ELEMENTS: 1. homicide. any explosive. member of the crew or passenger of the aircraft. and 3. That he has detained a person for some legal ground. serious physical injuries. Once you have committed rebellion and have not been punished or amnestied. or rape. offender need not succeed in hitting pilot. the his the the ART. 2. Firing upon the pilot. loading. That the offender is a public officer or employee. IN FLIGHT – From the moment all exterior doors are closed following embarkation until the same doors are again opened for disembarkation. unless the rebels renounce their affiliation. 2.

Page 70 of 174 . ACTS PUNISHABLE: 1. Detention is legal in the beginning. • To prevent committing this felony. Such waiver is not violative of the constitutional right of the accused. 2. the proceedings upon a petition for the release of such person. 18 hours. 125 which should be under oath and with assistance of counsel. and 3. 2. and 3. or that there is a proceeding upon a petition for the liberation of such person. for crimes/offenses punishable by capital punishment or afflictive penalties. (Judge Pimentel) . • LENGTH OF WAIVER: . ARBITRARY DETENTION (124) DELAY IN DELIVERY OF DETAINED (125) ART. • Crime does not include expulsion of undesirable aliens. officers usually ask accused to execute a waiver of Art. 127. or equivalent. the service of the notice of such order to the prisoner. or their equivalent. is illegally refused re-entry is considered a victim of being forced to change his address. by compelling a person to change his residence NOTES: • Acts punishable: • The crime of expulsion absorbs that of grave coercion. but illegality starts from the expiration of the specified periods without the persons detained having been delivered to the proper judicial authority. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture.Serious and less serious offenses – 7 to 10 days. or compels a person to change his residence. That the offender is a public officer or employee. detained for crimes punishable by light penalties. That there is a judicial or executive order for the release of a prisoner or detention prisoner. or c. If done by a private person. NOTE: • Wardens and jailers are the persons most likely to violate this provision. • The filing of the information in court beyond the specified periods does not cure illegality of detention.Light offense – 5 days. ART.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 3. That the offender without good reason delays: a. • If arrested by virtue of arrest warrant. the crime is illegal detention. act will amount to grave coercion. This does not contemplate actual physical delivery. b. person may be detained until case is decided. Neither does it affect the legality of the confinement under process issued by the court. or c. or their equivalent. 36 hours. or b. for crimes punishable by correctional penalties. That he expels any person from the Philippines. or when sent to prison. destierro. 126: DELAYING RELEASE ELEMENTS: 1. after voluntarily leaving the country. EXPULSION ELEMENTS: 1. . Detention is illegal from the beginning. That the offender is not authorized to do so by law. NOTES: • The felony means delay in filing the necessary information or charging of person detained in court which may be waived if a preliminary investigation is asked for. by expelling a person from the Philippines. That the offender is a public officer or employee. • Contemplates arrest by virtue of some legal ground or valid warrantless arrest. 12 hours. • If a Filipino who. or 2.If offender is a private person. That he fails to deliver such person to the proper judicial authority within: a. the performance of such judicial or executive order for the release of the prisoner.

exceeding his authority by using unnecessary severity in executing a search warrant legally procured ELEMENTS: 1. 128. • Example of a warrant maliciously obtained: X was a respondent of a search warrant for illegal possession of firearms.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 • • Threat to national security is not a valid ground to expel or to compel one to change his address. NOTES: • Search warrant is valid for 10 days from its date of issue. b.unjust vexation ifand a QuickTime™ there is no violence decompressor or TIFF (Uncompressed)(Art 287). • Examples of abuse in service of warrant: 1. X owner was handcuffed while search was going-on. Tank was used to ram gate prior to announcement that a search will be made. and 3. That the offender is a public officer or employee. The gun did not belong to X and the witness had no personal knowledge that there is a gun in that place. A return was made. intimidation this picture. That he is not authorized by judicial order to enter the dwelling and/or to make a search therein for papers or other effects. are needed to see • Public officer without a search warrant cannot lawfully enter the dwelling against the will of the owner. after having surreptitiously entered said dwelling and after having been required to leave the same. That the offender is a public officer or employee. and 3. the crime committed is trespass to dwelling (Art 280). ART. That he has legally procured a search warrant. 2. ART. or . and 3. c. 2. 3. That he exceeds his authority or uses unnecessary severity in executing the same. nighttime 2. 129. refusing to leave the premises. papers or effects not constituting evidence of a crime are not returned immediately NOTES: • The judicial order is the search warrant. • An exception to the necessity of a search warrant is the right of search and seizure as an incident to a lawful arrest. That he commits any of the following acts: a. • When a public officer searched a person “outside his dwelling” without a search warrant and such person is not legally arrested for an offense. AND ABUSE IN THE SERVICE OF THOSE LEGALLY OBTAINED Page 71 of 174 . procuring a search warrant without just cause ELEMENTS: 1. SEARCH WARRANTS MALICIOUSLY OBTAINED. • The search is limited to what is described in the warrant.grave coercion if violence or intimidation is used (Art 286). • If there is no just cause. That the offender is a public officer or employee. The Chief Executive has the power to deport undesirable aliens. 2. the crime committed by the public officer is either: . even if he knew that someone in that dwelling is in unlawful possession of opium. Persons who were not respondents were searched. entering any dwelling against the will of the owner thereof. That he procures a search warrant. 2. the warrant is unjustified. searching papers or other effects found therein without the previous consent of such owner. ACTS PUNISHABLE: 1. 2. • If the offender who enters the dwelling against the will of the owner thereof is a private individual. That there is no just cause. VIOLATION OF DOMICILE ELEMENTS: 1. all details must be with set forth with particularity. SPECIAL AGGRAVATING CIRCUMSTANCES: 1.

Offender is a public officer or employee. the offense is unjust vexation. NOTES: • If the offender is a private individual. dissolving or interrupting that meeting. • But stopping the speaker who was attacking certain churches in public meeting is a violation of this article. That he is armed with a search warrant legally procured. Examples: Mass. 3. or any member of his family. baptism. That the officer is a public officer or employee. Example: Ordinance requires permits for meetings in public places. but only a meeting of a religious sect. without legal ground the holding of a peaceful meeting. it’s a religious service. prohibiting or interrupting. the crime is disturbance of public order (Art 153). • Those holding peaceful meetings must comply with local ordinances. 131. That the offender is a public officer or employee. • Religious Worship includes people in the act of performing religious rites for a religious ceremony or a manifestation of religion. But if done in a private home. in the peaceful meeting. 2. That he searches the domicile. NOTES: Qualifying circumstances: 1.g. papers or other belongings of any person. denial of permit in arbitrary manner). 130.Members of the family of sufficient age and discretion . or 2. either alone or together with others.Responsible members of the community • Validity of the search warrant can be questioned only in 2 courts: where issued or where the case is pending. That the owner. marriage ELEMENTS: 1. or dissolving the same (e. 2. hindering any person from joining any lawful association or from attending any of its meetings c. INTERRUPTION. • Meeting must be peaceful and there is no legal ground for prohibiting. The latter is preferred for objective determination. NOTES: • Order of those who must witness the search: .Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ART. and 4. addressing. PROHIBITION. • The person talking on a prohibited subject at a public meeting contrary to agreement that no speaker should touch on politics may be stopped. 132. • Reading of Bible and then attacking certain churches in a public plaza is not a ceremony or manifestation of religion. INTERRUPTION OF RELIGIOUS ART. SEARCHING DOMICILE WITHOUT WITNESSES ELEMENTS: 1. any petition to the authorities for the correction of abuses or redress of grievances.Homeowner . • Interrupting and dissolving a meeting of the municipal council by a public officer is a crime against the legislative body and not punishable under this article. officer is liable for stopping the meeting. otherwise. and 3. That religious ceremonies or manifestations of any religion are about to take place or are going on. b. violence. ART. not a participant. threats. prohibiting or hindering any person QuickTime™ and a TIFF (Uncompressed) decompressor from are needed to see this picture. But if a police stops a meeting in a private place because there’s no permit. or two witnesses residing in the same locality are not present. That the offender prevents or disturbs the same. • Offender must be a stranger. 2. Page 72 of 174 . AND DISSOLUTION OF PEACEFUL MEETINGS ELEMENTS: 1. He performs any of the following acts: a.

That the purpose of the uprising or movement is either: a. 3. boxed a priest while the priest was giving homily and maligning a relative of X. • Acts must be directed against religious practice or dogma or ritual for the purpose of ridicule. naval or other armed forces. Outsiders IF ELEMENT MISSING If not by public officer = Tumults Offending the Religious Feeling (133) Crime against public order Public officers. in a place devoted to religious feelings. of any of their powers or prerogatives. There’s a deliberate intent to hurt the feelings of the faithful. Any person merely participating or executing the command of others in rebellion (participant). Any person who: (a) promotes. or b. The decisive factor is the intent or motive. Acts complained of were performed – a. private persons.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 • X. PERSONS LIABLE: 1. and Page 73 of 174 If by insider = unjust vexation If not . outsiders (132) ntal law of the state religious = tumult or alarms If not notoriously offensive = unjust vexation If not tumults = alarms and scandal If meeting illegal at onset = inciting to sedition or rebellion TITLE THREE CRIMES AGAINST PUBLIC ORDER POLITICAL CRIMES – are those directly aimed against the political order. Interruption and Dissolution of Peaceful Meeting (131) Interruption of Religious Worship NATURE WHO OF ARE CRIME LIABLE Crime Public QuickTime™ and a against (Uncompressed) decompressor officers. Acts must be notoriously offensive to the feelings of the faithful. TIFF the are needed to see this picture. • There must be deliberate intent to hurt the feelings of the faithful. mere arrogance or rudeness is not enough. 134. That there be a public armed uprising. OFFENDING RELIGIOUS FEELINGS ELEMENTS: 1. to deprive the chief executive or congress. during the celebration of any religious ceremony 2. or b. as mocking or scoffing or attempting to damage an object of religious veneration. there is no need for an ongoing religious ceremony. Outsiders fundame ntal law of the state Crime against the fundame Public officers. ART. 2. REBELLION OR INSURRECTION ELEMENTS: 1. wholly or partially. 133. • Example of religious ceremony (acts performed outside the church): Processions and special prayers for burying dead persons but NOT prayer rallies. Is X liable? X may be liable under Art 133 (Offending religious feelings) because X is a private person. CRIME Prohibition. directed against religious tenet. and 2. and 4. as well as such common crimes as may be committed to achieve a political purpose. a private person. ART. Offender is any person. to remove from the allegiance to said government or its laws the territory of the Philippines or any part thereof or any body of land. or (c) heads a rebellion or insurrection (leader). NOTES: • If in a place devoted to religious purpose. (b) maintains.

this picture. it is not a defense that the accused never took the oath of allegiance. strategy or stealth. • Public officer must take active part. 2. • If the leader is unknown. signed receipts and other documents issued in their name. spoke for them. or aids in undertaking a coup d’etat (participants not from government). threat. Any person in the government service who participates or executes directions or commands of others in undertaking coup d’etat (participants from government). or police or holding any public office or employment. even if not in furtherance of rebellion cannot be complexed with rebellion. Any person who in fact directed the others. abets. • If killing or robbing were done for private purposes or for profit. or performed similar acts. and d. Any person who leads or in any manner directs or commands others to undertake coup d’etat (leaders). signed receipts and other documents issued in their name. 3. A private crime may be committed during rebellion. 134 – A. There must be ACTUAL participation. Illegal possession of firearms in furtherance of rebellion is absorbed by the crime of rebellion. Any person not in the government service who participates. • If there is no public uprising. • In rebellion. accompanied by violence. • Diverting public funds is malversation absorbed in rebellion. finances. Salazar ruling: upheld Hernandez • Thus: Rebellion absorbs other crimes committed in furtherance of rebellion. For the purpose of seizing or diminishing state power. Committed by means of swift attack. intimidation. a person is deemed a leader of rebellion if he: a. • people vs. public utilities or other facilities needed for the exercise and continued possession of power 4. performed similar acts on behalf of the rebels. because mere silence or omission is not punishable as rebellion. Hernandez ruling: rebellion cannot be complexed with ordinary crimes done pursuant to it • people vs. signed receipts and other documents issued in their name. • Purpose of the uprising must be shown but it is not necessary that it be accomplished. supports.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 3. • Rebellion is a continuing crime along with the crime(Uncompressed) decompressor proposal to of QuickTime™ and a or conspiracy TIFF are needed to see commit rebellion. b. 2. or performed similar acts. • Mere giving of aid or comfort is not criminal in the case of rebellion. Geronimo ruling: crimes done for private purposes without political motivation should be separately punished • Enrile vs. 3. Offender is a person or persons belonging to the military. or in any manner. duly constituted authorities of the Philippines b. Fernando). ART. any military camp or installation c. communication networks. or that they never recognized the government. PERSONS LIABLE: 1. COUP D’ ETAT ELEMENTS: 1. directed the others. spoke for them. on behalf of the rebels (person deemed leader when leader is unknown) NOTES: • Rebellion is the term used where the object of the movement is completely to overthrow and supersede the existing government. spoke for them. c. the crime is direct assault. and 4. on behalf of the rebels (deemed leader if leader is unknown) Page 74 of 174 . the crime would • be separately be punished and would not be embraced by rebellion (People v. • Insurrection refers to a movement which seeks merely to effect some change of minor importance to prevent the exercise of governmental authority w/ respect to particular matters or subjects. Rape. Any person who in fact directed the others. without any political motivation. Directed against: a.

Page 75 of 174 . or other facilities for power Rising publicly and tumultuously (more than 3 men who are armed or provided with means of violence) Purpose Deliver the gov’t to the enemy during war Removing territory . military camp. or depriving the Chief Executive or Legislature Seizing or diminishing state power. See enumeration in article. or body of armed forces. OR Adherence and giving aid or comfort to enemies Public Order Public Order Public Order Overt acts Public uprising AND Taking up arms against the gov’t Attack against authorities. networks or public utilities. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 TREASON (114) REBELLION (134) COUP D’ETAT (134-A) SEDITION (139) National Security Nature of Crime Levying war against the gov’t.

Participants – reclusion temporal 3. 2. and 3. Page 76 of 174 . proclamations. Hernandez ART. writings. the offender induces another to commit rebellion In both. the crime of rebellion should not be committed by the persons to whom it is proposed or who are incited. execution of the crime uses secret means.are needed to see this picture. That the inciting is done by means of speeches. 135. Continuing to discharge the duties of their offices under the control of rebels. or 2. DISLOYALTY OF PUBLIC OFFICERS OR EMPLOYEES ART. Failing to resist rebellion by all the means in their power. A person who has decided to rise publicly and take arms against the government. That the offender does not take arms or is not in open hostility against the government. not covered by this article. Participants (gov’t) – reclusion temporal 3. • Only when the Communist advocates action and actual uprising. The person who It is not required that proposes has decided the offender has to commit rebellion. ART. (People vs. and soliciting funds for the organization show conspiracy to overthrow the government. For any of the purposes of rebellion.or the one the proponent inciting may become a principal by inducement in the crime of rebellion. Deemed leader – reclusion perpetua COUP D’ETAT: 1. Participants (not gov’t) – prision mayor 4. CONSPIRACY AND PROPOSAL TO COMMIT COUP D’ ETAT. Deemed leader – reclusion perpetua NOTES: • Organizing a group of soldiers. Leaders – reclusion perpetua 2. • It must not be committed in conspiracy with rebels or coup plotters for this crime to be committed. The person who The act of inciting is proposes the done publicly. REBELLION OR INSURRECTION ELEMENTS OF CONSPIRACY: 1. That he incites others to the execution of any of the acts of rebellion. If they commit rebellion because of the QuickTime™ and a TIFF (Uncompressed) decompressor proposal or inciting. ELEMENTS OF PROPOSAL: 1. Accepting appointment to office under rebels. • The mere fact of giving and rendering speeches favoring Communism would not make the accused guilty of conspiracy if there is no evidence that the hearers then and there agreed to rise up in arms against the government. For any of the purposes of rebellion. NOTES: • There must be actual rebellion for this crime to be committed. Two or more persons come to an agreement to rise publicly and take arms against the government. 2. 136. 137. PENALTY FOR REBELLION. and 3. 138. decided to commit rebellion. or 3. Leaders – reclusion perpetua 2. INCITING TO REBELLION OR INSURRECTION ELEMENTS: 1. ACTS PUNISHABLE: 1. • If position is accepted in order to protect the people. 2. does he become guilty of conspiracy to commit rebellion.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ART. soliciting membership in. PROPOSAL TO INCITING TO COMMIT REBELLION REBELLION In both. INSURRECTION OR COUP D’ ETAT WHO ARE LIABLE AND PENALTIES: REBELLION: 1. emblems. • The advocacy of Communism or Communistic theory is not a criminal act of conspiracy unless converted into advocacy of action. banners or other representations tending to the same end. Proposes its execution to some other person/s. war or otherwise. They decide to commit it. and 3.

PROPOSAL TO COMMIT REBELLION (136) The person who proposes has decided to commit rebellion. or the national government of all its property or any part thereof. administrative order. b. • In both proposal to commit rebellion and in inciting to rebellion. writings. to prevent the national government. 139. rebellion should not actually be committed by the persons to whom it was proposed. QuickTime™ and a the execution of or prevent decompressor anyTIFF (Uncompressed) this picture. any act of hate or revenge against private persons or any social class. the crime committed is direct assault. PENALTY FOR SEDITION ART. (People vs. • Common crimes are not absorbed in sedition. (People v. The person who proposes the execution of the crime uses secret means. That the offenders employ any of those means to attain any of the following objects: a. SEDITION ELEMENTS: 1. or e. to prevent the promulgation or execution of any law or the holding of any popular election. or other means outside of legal methods. Page 77 of 174 . INCITING TO SEDITION ACTS PUNISHABLE: 1. or the one inciting may become a principal by inducement in the crime of rebellion. NOTES: • Sedition is the raising of commotions or disturbances in the State. and 3. ART. province. Perez) • Tumultuous uprising means that it is caused by more than 3 persons who are armed or provided w/ means of violence. CONSPIRACY TO COMMIT SEDITION NOTE: There must be an agreement and a decision to rise publicly and tumultuously to attain any of the objects of sedition in order to constitute crime of conspiracy to commit sedition. or any public officer thereof from freely exercising its or his functions. The inciting is done publicly. Umali) • Preventing election through legal means is NOT sedition. to despoil. 141) but no proposal to commit sedition. the proponent. proclamations. to inflict any act of hate or revenge upon the person or property of any public officer or employee. or any provincial or municipal government. but there is no public uprising. Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches. any person. INCITING TO REBELLION (138) Not required that the offender has decided to commit rebellion. Its ultimate object is a violation of the public peace or at least such a course of measures as evidently engenders it. If they commit rebellion because of the proposal or incitement. • If the purpose of the offenders is to attain the objects of rebellion or sedition by force or violence. • There is conspiracy to commit sedition (Art. and b. That the offenders rise – a. ART. to commit for any political or social end. and 2. other persons participating in the sedition. or who were incited. 141. • In sedition. d. ART. are needed to see c. leader of the sedition. for any political or social end. 2.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 NOTES: • Inciting must have been intentionally calculated to seduce others to rebellion. intimidation. 2. municipality or PERSONS LIABLE: 1. 142. 140. Tumultuously. Publicly. emblems etc. Uttering seditious words or speeches which tend to disturb the public peace. offender may be a private or public person. That they employ force.

Writing. or of any provincial board or city or municipal council or board. are needed to see BODIES ELEMENTS: 1. Attending the said meetings. the safety and order of the government. NOTE: Chief of Police and mayor who prevented the meeting of the municipal council are liable under Art. emblems. That the offender who may be any person prevents such meeting by force or fraud. when they lead or tend to stir up the people against the lawful authorities or to disturb the peace of the community. publishing. he disturbs any of such meetings b. libelous] libels against the government or any of the duly constituted authorities thereof. Clear and Present Danger rule 3. UTTERING AND WRITING PUNISHABLE: 1. Purpose is to prevent any member of Congress from: a. or from expressing his opinions or casting his vote. An actual meeting of Congress or any of its committees. cartoons. That the offender does not take a direct part in the crime of sedition. 143. VIOLATION OF PARLIAMENTARY IMMUNITY. which tend to disturb the public peace. and 2. constitutional commissions or committees or divisions thereof. when they suggest or incite rebellious conspiracies or riots. By using force. 144. when they tend to instigate others to cabal and meet together for unlawful purposes. That he incites others to the accomplishment of any of the acts which constitute sedition. 2. Offender uses force. By arresting or searching any member thereof while Congress is in a regular or special session. banners. threat or fraud 2. and 3. ELEMENTS of ACT 1: 1. or fraud to prevent any member of Congress from attending the meeting of the assembly or any of its committees. That the offender does any of the following acts a. or circulating scurrilous [vulgar. and . Accused may also be punished for contempt by the legislative body. Expressing his opinions. ART. NOTE: Complaint must be filed by member of the Legislative body. or c. when the defect of the meeting is not manifest and requires an investigation before its existence can be determined. b. DISTURBANCE OF PROCEEDINGS ELEMENTS: 1. constitutional commissions or committees or divisions thereof. except in case such member has committed a crime punishable Page 78 of 174 3 RULES RELATIVE TO SEDITOUS WORDS: 1. or 2. Knowingly concealing such evil practices. threats. ELEMENTS: 1. he behaves while in the presence of any such bodies in such a manner as to interrupt its proceedings or to impair the respect due it. or 4. or other representations tending to the same end. constitutional commissions or committees or divisions thereof. Balance of Interests rule Chapter Two . A projected or actual meeting of Congress or any of its committees or subcommittees.CRIMES AGAINST POPULAR REPRESENTATION ART. ACTS PUNISHABLE: 1. That the inciting is done by means of speeches. Casting his vote. or 4. writing. 143. intimidation. 2. or 3. proclamations. mean. ARTICLE 145. or of any provincial board or city or municipal council or board.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 3. ACTS TENDING TO PREVENT THE QuickTime™ and a TIFF ASSEMBLY AND SIMILAR decompressor MEETING OF THE(Uncompressed) this picture. Dangerous Tendency rule 2. when they tend to disturb or obstruct any public officer in executing the functions of his office. intimidation. 2.

Must be an actual meeting No need for such of armed persons to commit any of the crimes punishable Page 79 of 174 .ILLEGAL ASSEMBLIES AND ASSOCIATIONS ART. except from a crime that may arise from any speech that the member of Congress may deliver on the floor during regular or special session. or 2. PERSONS LIABLE: 1. founders. and 2.QuickTime™ and a and TIFF (Uncompressed) decompressor 3. 2. A meeting in w/c the audience is incited to the commission of the crimes of treason. 2. 2. 146. Meeting attended by armed persons for the purpose of committing any of the crimes punishable under the Revised Penal Code. any of the crimes punishable under RPC 2. Organizations totally or partially organized for the purpose of committing any of the crimes in RPC. For some purpose contrary to public morals. NOTES: • Parliamentary immunity does not mean exemption from criminal liability. rebellion or insurrection.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 under the code by a penalty higher than prision mayor. Offender is a public officer or employee. Presumed that the one in possession of unlicensed firearm is the leader or organizer of the meeting NOTES: • Not all the persons present at the meeting of the first form of illegal assembly need to be armed. ILLEGAL ASSOCIATIONS 2 KINDS OF ILLEGAL ASSOCIATIONS: 1. He arrests or searches any member of Congress 3. Congress. Audience whether armed or not is incited to the commission of the crime of treason. sedition or assault upon a person in authority or his agent. member arrested o searched hasn’t committed a crime by a penalty prision mayor or higher. WHEN A PERSON CARRIES UNLICENSED FIREARM IN THE 1st ASSEMBLY: 1. • To be consistent with the 1987 Constitution. The are needed to seeof meeting is to commit purpose this picture. Meeting is attended by armed persons. 145 should be amended to read “by the penalty of prision mayor or higher. ELEMENTS: 1. There’s a meeting – gather or group of persons whether fixed or moving. • Persons liable for illegal assembly: • the organizers or leaders of the meeting • persons merely present at the meeting (except when presence is out of curiosity – not liable) • Presumptions if person present at the meeting carries an unlicensed firearm: • purpose of the meeting is to commit acts punishable under the RPC • considered as leader or organizer of the meeting ARTICLE 147. directors and president of the association. ILLEGAL ASSEMBLIES 2 TYPES OF ILLEGAL ASSEMBLIES: 1. mere members of the association ILLEGAL ASSEMBLY (146) ILLEGAL ASSOCIATION (147) Chapter Three . There’s a meeting – gather or group of persons whether fixed or moving. sedition or direct assault.” REQUISITES: 1. at the time of arrest or search is in regular or special session 4. REQUISITES: 1. Presumed that the purpose of meeting is to commit any crime under RPC 2. the phrase “by a penalty higher than prision mayor” in Art. rebellion or insurrection.

municipal Page 80 of 174 • • . DIRECT ASSAULT 2 WAYS TO COMMIT DIRECT ASSAULT: 1. ELEMENTS: 1. 2. Aim of offender is to attain any of the purposes of the crime of rebellion and sedition. by attacking. 148. directors. board. president and members Person in Authority Chapter Four . engaged in the performance of official duties. • • The force employed need not be serious when the offended party is a person in authority (Ex. 3. and 3. by employing force or intimidation for attainment of any of the purposes enumerated in defining the crimes of rebellion and sedition (first form) ELEMENTS: 1. Without public uprising. Examples: Barrio councilman and any person who comes to the aid of the person in authority.ASSAULT. Without public uprising. Offender (a) makes an attack. At the time of the assault the person in authority or his agent a. the consequent crime is absorbed. NOTES: General Rule: Direct assault is always complexed with the material consequence of the act (Ex. sedition or assault upon a person in authority of his agent. (b) employs force. or commission. A person in authority is any person directly vested with jurisdiction (power or authority to govern and execute the laws) whether as an individual or as a member of some court or governmental corporation. Laying of hands). direct assault with murder). (c) makes a serious intimidation. is assaulted by reason of the past performance of official duties (motive is essential). are incited to the commission of treason. although not armed. or on the occasion of such performance. rebellion. by direct provision of law or by election or by appointment by competent authority. Pointing a gun). injure or assault). RESISTANCE AND DISOBEDIENCE Agent 2. President of Sanitary Division and a teacher. The intimidation or resistance must be serious whether the offended party is an agent only or a person in authority (Ex. Examples: A barangay captain. 4. An agent is one who. is engaged in the actual performance of official duties (motive is not essential). policeman. by employing force or by seriously intimidating or by seriously resisting any QuickTime™ and a person in authority o any of his agents. FORCE EMPLOYED Need not be serious Must be of serious character INTIMIDATION/ RESISTANCE Serious Serious ART. 2. That there is no public uprising. while TIFF (Uncompressed) decompressor are needed to see this picture. or (d) makes a serious resistance. Exception: If resulting in a light felony. No public uprising. a Division Superintendent of Schools. It is the meeting and the Act of forming or attendance at such that are organizing and punished membership in the association is punished Persons liable: leaders and those present Founders. and 5. (second form). That the offender knows that the one he is assaulting is a person in authority or his agent (with intention to offend. is charged with the maintenance of public order and the protection and security of life and property. or of individuals who. Offender employs force or intimidation. Person assaulted is a person in authority or his agent. or b.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 under the RPC.

That an agent of a person in authority is engaged in the performance of official duty gives a lawful order to the offender. Restraining another from attending as witness in such body. That such disobedience is not of a serious nature. and 3. Disobedience w/o legal excuse to summons issued by the Congress or any of its committees or subcommittees. The direct assault is committed against an agent of a person in authority. or (3) to produce books. That the act of the offender is not included in the provisions of arts. 149 and 150. That the offender disobeys such agent of a person in authority. 2. ARTICLE 149. That the offender makes use of force or intimidation upon the said offended party. Inducing disobedience to a summons or refusal to be sworn. That the offender resists or seriously disobeys such person in authority or his agent. it is already direct assault. Malacañang confidential agent. documents. ELEMENTS – SIMPLE DISOBEDIENCE (par. DISOBEDIENCE TO SUMMONS ISSUED BY THE NATIONAL ASSEMBLY. the person who should be aided is the agent and not the person in authority. 1): 1. direct assault is still committed. BY THE CONSTITUTIONAL COMMISSIONS. There can be no assault upon or disobedience to one’s authority by another when they both contend that they were in the exercise of their respective duties. 2. Page 81 of 174 . agents of the BIR. 2. 2. or 4. When assault is made by reason of the performance of his duty there is no need for actual performance of his official duty when attacked. ITS COMMITTEES. INDIRECT ASSAULT ELEMENTS: 1. In the latter case. because he acts in legitimate self-defense. That the offended party comes to the aid of such agent of a person in authority. Refusal of any person present before a legislative or constitutional body or official to: (a) to be sworn or placed under affirmation. sheriff. when the offender lays hand upon a person in authority ACTS PUNISHABLE: 1. and 3. 2) 1. and 3. or 3. Even when the person in authority or the agent agrees to fight. innocent party is entitled to defend himself and cannot be held liable for assault or resistance nor for physical injuries. 148. RESISTANCE AND DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENTS OF SUCH PERSON ELEMENTS – RESISTANCE & SERIOUS DISOBEDIENCE (par. ARTICLE 151. Direct assault may be committed upon a private person who comes to the aid of a person in authority since he is then considered an agent of a person in authority. According to Art 152: The person coming to the aid of the person in QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. records etc. (b) to answer any legal inquiry. ITS COMMITTEES OR SUBCOMMITTEES. Direct assault cannot be committed during rebellion. authority is considered an agent and an attack on the latter is already direct assault. when the assault is committed with a weapon. 2. SUBCOMMITTEES OR DIVISIONS • • • • QUALIFYING CIRCUMSTANCES: 1. 3. postmaster. That a person in authority or his agent is engaged in the performance of official duty or gives a lawful order to the offender. when required to do so by the said bodies in the exercise of their functions. when the offender is a public officer or employee. ARTICLE 150. When the person in authority or the agent provoked/attacked first. • To be indirect assault.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 • • treasurer. NOTES: • Indirect assault can be committed only when a direct assault is also being committed.

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007
NOTES: • While being arrested and there’s serious resistance, person resisting must know that the one arresting him is an officer • Picketing (economic coercion) must be lawful otherwise police can disperse them • Disobedience in 2nd par. must not be serious. Otherwise it will fall under the 1st par. • Resistance mustn’t be serious otherwise it’s direct assault. d. Lawyers in the actual performance of their professional duties or on the occasion of such performance AGENT OF PERSON IN AUTHORITY –any person who, by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property. They include: a. Barrio councilman b. Barrio policeman c. Barangay leader d. Any person who comes to the aid of persons in authority Notes: • Section 388 of the Local Gov’t. Code provides that for purposes of the RPC, the punong barangay, sangguniang barangay members and members of the lupong tagapamayapa in each barangay shall be deemed as persons in authority in their jurisdictions. • Other barangay officials and members who may be designated by law or ordinance and charged with the maintenance of public order, protection and the security of life, property, or the maintenance of a desirable and balanced environment, and any barangay member who comes to the aid of persons in authority shall be deemed agent of persons in authority. • It seems that teachers, professors, lawyers etc could be considered as persons in authority not only for Arts. 148 and 151 but also for Art 149 (L.B. Reyes)

DIRECT ASSAULT (148)

PIA or his agent must be engaged in the performance of official duties or that he is assaulted by reason thereof Direct assault is committed in 4 ways – by attacking, employing force, seriously intimidating, and seriously resisting a PIA or his agent. Use of force against an agent of PIA must be serious and deliberate.

RESISTANCE & DISOBEDIENCE TO A PERSON IN AUTHORITY (PIA) OR AGENTS OF SUCH PERSON (151) PIA or his agent must be in the actual performance of his duties. Committed by resisting or seriously disobeying a PIA or his agent.

Simple disobedience – force against an agent of a PIA is not so serious; No manifest intention to defy the law & officers enforcing it.

Chapter Five - PUBLIC DISORDERS ARTICLE 152. PERSONS IN AUTHORITY AND AGENTS OF PERSONS IN AUTHORITY – WHO SHALL BE DEEMED AS SUCH PERSON IN AUTHORITY –any person directly vested with jurisdiction, whetherand a an individual or as QuickTime™ TIFF some (Uncompressed) decompressor as a member of are needed to see this picture. governmental court or corporation, board or commission. They include: a. Barangay captain b. Barangay chairman For the purposes of Art. 148 and 151: a. Teachers b. Professors c. Persons charged with the supervision of public or duly recognized private schools, colleges and universities ARTICLE 153. TUMULTS AND OTHER DISTURBANCES OF PUBLIC ORDER – TUMULTUOUS DISTURBANCE OR INTERRUPTION LIABLE TO CAUSE DISTURBANCE

TUMULTS AND OTHER DISTURBANCES: 1. Causing any serious disturbance in a public place, office or establishment; 2. Interrupting or disturbing public performances, functions, gatherings or peaceful meetings, if the act is not included
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in Art 131 and 132 (Public Officers interrupting peaceful meetings or religious worship); 3. Making any outcry tending to incite rebellion or sedition in any meeting, association or public place; 4. Displaying placards or emblems which provoke a disturbance of public order in such place; 5. Burying with pomp the body of a person who has been legally executed. TUMULTUOUS - caused by more than 3 persons who are armed or provided with means of violence. NOTES: • If the act of disturbing or interrupting a meeting or religious ceremony is not committed by public officers, or if committed by public officers who are participants therein, this article applies. Art 131 and 132 punishes the same acts if committed by public officers who are not participants in the meeting. • The outcry is merely a public disorder if it is an unconscious outburst which, although rebellious or seditious in nature, is not intentionally calculated to induce others to commit rebellion or sedition, otherwise, it is inciting to rebellion or sedition. • Qualifying circumstance – if it is TUMULTUOUS ARTICLE 154. UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL UTTERANCES before they have been published officially. 3. Printing, publishing or distributing or (causing the same) books, pamphlets, periodicals or leaflets which do not bear the real printer’s name, or which are classified as anonymous.

ARTICLE 155. ALARMS AND SCANDALS

ACTS PUNISHABLE: 1. Discharging any firearm, rocket, firecracker, or other explosive within any town or public place, calculated to cause alarm or danger. 2. Instigating or taking active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility. 3. Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusement. 4. Causing any disturbance or scandal in public places while intoxicated or otherwise, provided the act is not covered by Art 153 (tumult). NOTES: • Charivari is a mock serenade or discordant noises made with kettles, tin horns etc., designed to deride, insult or annoy. • Firearm must not be pointed at a person, otherwise, it is illegal discharge of firearm (Art. 254). • What governs is the result, not the intent of the offender.

ACTS PUNISHABLE: Publishing or causing to be published, by means of printing, lithography or any other means of publication as a news any false QuickTime™ and decompressor news that TIFF (Uncompressed) this picture. public order, may endanger the are needed to see or cause damage to the interest or credit of the State. 1. Encouraging disobedience to the law or to the constituted authorities or by praising, justifying or extolling any act punished by law, by the same means or by words, utterances or speeches. 2. Maliciously publishing or causing to be published any official resolution or document without proper authority, or

ARTICLE 156. DELIVERING PRISONERS ELEMENTS: 1. That there is a person confined in a jail or penal establishment; 2. That the offender removes therefrom such person, or helps the escape of such person. NOTES: • Prisoner may be detention prisoner or one sentenced by virtue of a final judgment. • Escapee, if already serving final judgment, will in turn be held liable for evasion of sentence (Art. 157).
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If merely detention prisoner he is not criminally liable. • The offender is an outsider to the jail. If the offender is a public officer or a private person who has custody of the prisoner and who helps a prisoner under his custody, Arts. 223 (infidelity in the custody of a prisoner) and 225 (escape of prisoner under custody of private person) will apply, respectively. • This felony may also be committed through imprudence or negligence. • Circumstance qualifying: use of violence, intimidation or bribery. • Mitigating circumstance: if it takes place outside the penal establishment by taking the guards by surprise. • ARTICLE 158. EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF DISORDERS, CONFLAGRATIONS, EARTHQUAKES, OR OTHER CALAMITIES ELEMENTS: 1. That the offender is a convict by final judgment who is confined in a penal institution. 2. That there is disorder, resulting from: a. conflagration, b. earthquake, c. explosion, d. similar catastrophe, or e. mutiny in which he has not participated; 3. That the offender evades the service of his sentence by leaving the penal institution where he is confined, on the occasion of such disorder or during the mutiny; and 4. That the offender fails to give himself up to the authorities within 48 hours following the issuance of a proclamation by the Chief Executive announcing the passing away of such calamity. NOTES: • Penalty of commission of this felony is an increase by 1/5 of the time remaining to be served under the original sentence, in no case to exceed 6 months. • The special allowance for loyalty (i.e. deduction of sentence) authorized by nd Articles 98 and 158(2 paragraph) refers to those convicts, who having evaded the service of their sentences by leaving the penal institution, give themselves up within 48 hours. • A mutiny is an organized unlawful resistance to a superior officer, a sedition, or a revolt. Disarming the guards is not mutiny. ARTICLE 159. OTHER CASES OF EVASION OF SERVICE OF SENTENCE ELEMENTS: 1. That the offender was a convict; 2. That he was granted a conditional pardon by the chief executive; and 3. That he violated any of the conditions of such pardon. TWO PENALTIES: 1. prision correccional in its minimum period – if the penalty remitted does not exceed 6 years.
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Chapter Six – EVASION OF SENTENCE OR SERVICE

ART 157. EVASION OF SERVICE OF SENTENCE ELEMENTS: 1. That the offender is a convict by final judgment; 2. That he is serving his sentence which consists in deprivation of liberty (destierro included); and 3. That he evades the service of his sentence by escaping during the term of his sentence. NOTES: • This is a continuing offense. • This article does not apply to minor delinquents, detention prisoners, or deportees. • If the offender escaped within the 15-day appeal period, crime is not evasion because judgment is not yet final. • Circumstances qualifying the offense: QuickTime™ Evasion ofTIFF (Uncompressed) decompressor through: sentence wasand a done are needed to see this picture. • unlawful entry (by “scaling”); • breaking doors, windows, gates, walls, roofs or floors; • using picklocks, false keys, disguise, deceit, violence or intimidation; or • connivance with other convicts or employees of the penal institution.

or habitual delinquent If new felony is evasion of sentence. requires that the offender shall have served out his sentence for the prior offense. USING FORGED SIGNATURE OR COUNTERFEIT SEAL OR STAMP ELEMENTS: 1. But under the Revised Admin. NOTES: • Offender must have been found guilty of the subsequent offense (through w/c he violated his conditional pardon) before he can be prosecuted under this Article. That the offender knew of the counterfeiting or forgery. on the other hand. 2. and 2. 160. FORGING THE SIGNATURE OR STAMP OF THE CHIEF EXECUTIVE ACTS PUNISHABLE: 1. First crime may be either from the RPC or special laws. Forging the great seal of the Government. after having been convicted by final judgment. it is not falsification but forging of signature under this article. Page 85 of 174 . the unexpired portion of his original sentence – if the penalty remitted is higher than 6 years. COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANTOHER PREVIOUS OFFENSE . COUNTERFEITING THE GREAT SEAL OF THE GOVERNMENT OF THE PHILIPPINE ISLANDS. The penalty: maximum period of the penalty for the new felony should be imposed.PENALTY NOTE: this article provides for quasi-recidivism ELEMENTS: 1. ARTICLE 161.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 2. Code. and 3. ARTICLE 162. Forging the signature of the President. shall QuickTime™ and a commit a TIFF (Uncompressed) decompressor beginning to new felony before serve such are needed to see this picture. That the great seal of the Republic was counterfeited or the signature or stamp of the chief executive was forged by another person. • • • General Rule: A quasi-recidivist may be pardoned at age 70… Exception: Unworthy. or 3. (Ex. Quasi-Recidivism may be offset by a special privileged mitigating circumstance. Forging the stamp of the President. sentence. NOTE: When the signature of the President is forged. offender is not a quasi-recidivist. 2. That he used the counterfeit seal or forged signature or stamp. • When the penalty remitted is destierro. • The aggravating circumstance of reiteracion. That he committed a new felony before beginning to serve such sentence or while serving the same. President has the power to arrest. and reincarcerate offender without trial. or while serving the same. Mitigating circumstance can only be appreciated if the maximum penalty is divisible. no conviction is necessary. Minority) • TITLE FOUR CRIMES AGAINST PUBLIC INTEREST Chapter Seven – COMMISSION OF ANOTHER CRIME Chapter One – Forgeries ART. • Second crime must belong to the RPC. NOTES: • Quasi-recidivism is a special aggravating circumstance where a person. under no circumstance may the penalty for the violation of conditional pardon be destierro. not special laws. That the offender was already convicted by final judgment of one offense.

A. Importing of such notes. ARTICLE 166. and 3. • R. Possession of a coin. knowledge NOTES: • Possession or uttering does not require that coins be legal tender. tearing TIFF (Uncompressed) decompressor are needed to see this picture. ACTS PUNISHABLE (PD 247): 1. Mutilation must be of Philippine legal tender. counterfeited or mutilated by another person. ELEMENTS: 1. Uttering of such false or forged obligations and notes in connivance with forgers and importers. knowledge 2. and 2. willful defacement 2. with intent to utter. and 3. imported or uttered such coins. MUTILATION OF COINS – IMPORTATION AND UTTERANCE OF MUTILATED COINS This has been repealed by PD 247. knowing that it is false or mutilated. regardless if it is of intrinsic value. OBLIGATIONS AND SECURITIES ACTS PUNISHABLE: 1. mutilation QuickTime™ and a 3. burning 5. in case of uttering such false or counterfeited coins. WITHOUT CONNIVANCE ELEMENTS: 1. knowing the same to be false or mutilated. to diminish by ingenious means the metal in the coin. or 3. FORGING TREASURY OR BANK NOTES. • Foreign notes and coins not included under this article. Forging or falsification of treasury or bank notes or documents payable to bearer. if it is forged. • To utter is to pass counterfeited coins. possession 2. 4. • This article also applies to Philippine coins. ACTS PUNISHABLE: 1. or if it is not authorized by the government as legal tender. 2. Importation is complete even before entry at the Customs House. That the offender either made. NOTES: • A coin is counterfeit. with intent to utter the same. • To import is to bring them into port. destruction of Central Bank notes and coins NOTES: • Mutilation is to take off part of the metal either by filing it or substituting it for another metal of inferior quality. he connives with counterfeiters or importers. and coins withdrawn from circulation. • Crime under this article includes constructive possession or the subjection of the thing to ones’ control. That. foreign state coins. ELEMENTS: 1. It is a measure of national policy to protect the people from the conspiracy of those hoarding silver or nickel coins and to preserve and maintain the economy. Page 86 of 174 . IMPORTING AND UTTERING FALSE OR FORGED NOTES. 427 punishes possession of silver or nickel coins in excess of P50.00. 2.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 NOTE: Offender is NOT the forger or the cause of the counterfeiting ARTICLE 163. • There must be intention to mutilate ARTICLE 164. Actually uttering such false or mutilated coin. • Counterfeiting is the imitation of legal or genuine coin such as to deceive an ordinary person in believing it to be genuine. MAKING AND IMPORTING AND UTTERING FALSE COINS ARTICLE 165. That there be false or counterfeited coins (need not be legal tender). This does not require that the coins counterfeited be legal tender. OBLIGATIONS AND SECURITIES. actually uttering. SELLING OF FALSE OR MUTILATED COIN. deliver or give away.

COUNTERFEITING. using any of such forged or falsified instruments. 171 applies. 2. letters or words. ARTICLE 168. That he performs any of these acts: a. tearing. he connived with the forger or importer. national bank notes. • • Accused must not be a public official entrusted with the custody or possession of such document. substituting. IMPORTING. 2. 2. • • The act sought to be punished is knowingly possessing with intent to use any of such forged treasury or bank notes. P. or Page 87 of 174 . substituting. without intent to use it to the damage of another. AND UTTERING INSTRUMENTS NOT PAYABLE TO BEARER b. • Obligation or security includes bonds. • Forging PNB checks is not included under this article. counterfeiting. FALSIFICATION OF LEGISLATIVE DOCUMENTS ELEMENTS: 1. The accused has the burden to give a satisfactory explanation of his possession of forged bills. That the offender either forged. counterfeiting or altering by any means the figures and letters. There can be no falsification through reckless imprudence as that will be inconsistent with the element of intent to cause damage in said crime. No. and 3. or any instrument payable to order or other document of credit not payable to bearer is forged or falsified by another person. otherwise Art. • • If all acts are done but genuine appearance is not given. ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK NOTES AND OTHER INSTRUMENTS OF CREDIT ARTICLE 170. ELEMENTS: 1. b. imported or uttered such instruments. burning. certificates of deposit. That there be an instrument payable to order or other document of credit not payable to bearer. That the offender knows that any of those instruments is forged or falsified. drafts for money. That there be a bill. That is falsification of commercial document under Article 172. That any treasury or bank note or certificate are needed to see this picture. 3. possessing with intent to use any of such forged or falsified instruments. or other obligation and security payable to bearer. altering by any means the figures. and sweepstakes money. bills. or ordinance enacted or approved or pending approval by Congress or any provincial board or municipal council. signs contained therein. HOW FORGERY IS COMMITTED HOW FORGERY IS COMMITTED: a. That the offender (any person) alters the same. • Falsification is committed by erasing. coupons. or destruction in any manner of currency notes or coins issued by the Central Bank of the Philippines. the appearance of a true and genuine document. That the alteration has changed the meaning of the document. Elements: QuickTime™ and a TIFF (Uncompressed) decompressor 1.D. That in case of uttering. the crime is frustrated. treasury notes. resolution. words. is not a crime. by giving to a treasury or bank note or any instrument payable to bearer or to order. Mere possession of false money bill. certificate of indebtedness. Example: falsifying lotto or sweepstakes ticket constitutes the complex crime of attempted estafa through falsification of a government security. by erasing. and 4. ARTICLE 169. and 3. or signs contained therein.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 NOTES: • Forging is committed by giving a treasury or bank note or document payable to bearer or order an appearance of a true and genuine document. ARTICLE 167. mutilation. That he has no proper authority therefor. 247 punishes the willful defacement. checks.

That a person or persons participated in an act or a proceeding 2. Making any alteration or intercalation in a genuine document which changes its meaning. or different from. that of the genuine original. 1. Making untruthful narration of facts. or notary public who takes advantage of his official position 2. Causing it to appear that persons have participated in an act or a proceeding 1. Issuing in authenticated form a document purporting to be a copy of an original document when no such original exists. That the facts narrated by the offender are absolutely false. 4. EMPLOYEE OR NOTARY OR ECCLESIASTICAL MINISTER ELEMENTS: 1. That he falsifies a document by committing any of the following acts: a. any COUNTERFEITING ELEMENTS: 1) That there be an intent to imitate. a a 1 to b. 2. or notary public. Page 88 of 174 . Altering true dates. b. or b. Making untruthful statements in a narration of facts. h. the genuine and the forged. Ecclesiastical minister if the act of falsification may affect the civil status of persons 3. are needed to see this picture. in making a document. and 2) That the two signatures or handwritings. • Lack of similitude/imitation of genuine signature will not be ground for conviction under par. That he takes advantage of his official position. That such person did not in fact participate in the act or proceeding c. d. or an attempt to imitate. Intercalating any instrument or note relative to the issuance thereof in a protocol. FALSIFICATION BY PUBLIC OFFICER. but such is not an impediment conviction under par. and 3. to each other. signature or rubric. Private individual. e. f. He has the duty to make or to prepare or otherwise to intervene in the preparation of the document. That the offender. the act of falsification is committed with respect to any record or document of such character that its falsification may affect the QuickTime™ and a civil status of TIFF (Uncompressed) decompressor persons. or including in such copy a statement contrary to. 2. Counterfeiting or imitating handwriting. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them. attributed to such person or persons statements other than those in fact made by such person or persons statements in a d. He has the official custody of the document which he falsifies 3. signature or rubric. employee. employee. Attributing to persons who have participated in any act or proceeding statements other than those in fact made by them. That the offender caused it to appear in a document that a person or persons participated in an act or a proceeding 2. That the offender is a public officer. if in conspiracy with public officer ELEMENTS: 1. bear some resemblance. That he has a legal obligation to disclose the truth of the facts narrated by him 3. Counterfeiting or imitating any handwriting.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ARTICLE 171. That such person or persons made statements in that act or proceeding. ACTS OF FALSIFICATION a. In case the offender is an ecclesiastical minister. PERSONS WHO MAY BE HELD LIABLE 1. registry or official book. Public officer. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate c. That the offender makes in a document statements in a narration of facts 2. a. g.

FALSIFICATION BY PRIVATE INDIVIDUALS AND USE OF FALSIFIED INSTRUMENTS ELEMENTS OF FALSIFICATION OF PUBLIC. e. Page 89 of 174 . That it was made on a genuine document 3. That the needed to see this picture. OFFICIAL. Residence certificates • if no knowledge. judicial and executive. and of the public officers. That the alteration or intercalation has QuickTime™ and a changed the meaning of a document TIFF (Uncompressed) decompressor are change made 4. ELEMENTS: 1. ARTICLE 172. Bernante may not be convicted of the crime of falsification of public document by making false statements in a narration of facts absent any legal obligation to disclose where he would spend his vacation leave and forced leave. This kind of falsification may be committed by omission. Intercalating any instrument or note relative to the issuance thereof in a protocol. DOCUMENT . It is enough that it gives an appearance of a genuine article. • Date must be essential • Alteration mujst affect veracity of document or effects f. GR 146731. That there be an alteration (change) or intercalation (insertion) on a document 2. That the falsification was committed in any public or official or commercial document. Enemecio failed to point to any law imposing upon Bernante the legal obligation to disclose where he was going to spend his leave of absence. Legal obligation means that there is a law requiring the disclosure of the truth of the facts narrated. written official acts or records of acts of the sovereign authority. Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists. • • • Under this paragraph. b. he may still be liable for falsification of documents by a private person under Art.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 4. that of the genuine original. whether of the Philippines or of a foreign country. • It is not necessary that what is falsified is a genuine or real document. Making any alteration or intercalation in a genuine document which changes its meaning. Altering true dates. 2. legislative. 171. not a conclusion of law. “Legal obligation” means that there is a law requiring the disclosure of the truth of the facts narrated. That the perversion of truth in the narration of facts was made with the wrongful intent of injuring a third person • • There must be a narration of facts. Narration must be on a material matter. negligence falsification through • h. • This involves a genuine document • There is no crime of attempted or frustrated falsification of public document. OR COMMERCIAL DOCUMENT BY A PRIVATE INDIVIDUAL (par 1): 1. That he committed any of the acts of falsification enumerated in ART. The person making the narration of facts must be aware of the falsity of the facts narrated by him. or including in such copy a statement contrary to. official bodies and tribunals. Office of the Ombudsman. 3. • If offender does not take advantage of his public position.any written statement by which a right is established or an obligation is extinguished COUNTERFEITING – intent or attempt to imitate FEIGNING . registry or official book. the document speak something false g. 1/13/04 As the Ombudsman correctly pointed out. or different from. Ex. The following writings are public: a. damage is not essential. Documents acknowledged before notary public except last wills and testaments. Lack of malice or criminal intent may be put up as a defense under this article. 172. it is presumed.to represent by false appearance when no original exists Enemecio v. That the offender is a private individual or a public officer or employee who did not take advantage of his official position.

airway bills. drafts. that of the genuine original . Use in any other transaction 1. That the falsification was committed in any private document. 3. books. art. 1 and 2 of art. That the false document is embraced in art. That the false document is embraced in art. kept in the Philippines. 2. FALSIFICATION OF PRIVATE DOCUMENTS Damage to third party is an element of the offense. letters of credit and other negotiable instruments. if: 1. 171 or in any of subdivision nos. or including in such copy a statement contrary to. • If the estafa was already consummated at the time the falsification of a private document was committed for the purpose of concealing the estafa. ELEMENTS OF FALSIFICATION OF PRIVATE DOCUMENT: 1. That the falsification caused damage to a third party or at least the falsification was committed with intent to cause such damage . 171(7)) purporting to be a copy of an original document when no such original exists. Issuing in authenticated form a document(art. 172. 3.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Public records. bank checks. • There is no falsification through reckless imprudence if the document is private and no actual damage is caused. • It is not necessary that the offender profited or hoped to profit • A document falsified as a necessary means to commit another crime (complex crime) must be public. That the use of the documents caused damage to another or at least was used with intent to cause such damage. • document. official or commercial. 171. • • • • • • ELEMENTS OF USE OF FALSIFIED DOCUMENT (par. 1 and 2 of art. FALSIFICATION OF PUBLIC/ OFFICIAL DOCUMENTS Damage to third persons is immaterial. there was no damage or intent to cause damage. 2. The use was so closely connected in time with the falsification. That he used such documents (not in judicial proceedings). ledgers. journals.can be committed only by a public officer or notary public who takes advantage of his official position since the authentication can be made only by the custodian or the one who prepared and retained a copy of the original document c. That the offender knew that a document was falsified by another person. of private documents required by law to be entered therein. The user had the capacity of falsifying the document. cash files. The user of the falsified document is deemed the author of the falsification. 172. A private document may acquire the character of a public document when it becomes part of an official record and is certified by a public officer duly authorized by law. 4. That the offender knew that a document was falsified by another person. As regards the falsification of the private Page 90 of 174 . 3. Commercial documents: warehouse receipts. Hence. enumerated in art. and 3. the falsification is not punishable. 171 or in any subdivisions nos. immediate effect of the latter is the same as that of estafa. The crime is falsification of public documents even if the falsification took place before the private document became part of the public records. 172): Introducing in a judicial proceeding 1. what is punished is the violation of public faith and perversion of truth which the document proclaims. The possessor of falsified document is presumed to be the author of the falsification. That the offender committed any of the acts of falsification. there is no complex crime of estafa through QuickTime™ and a falsification of a (Uncompressed) decompressor because the private document TIFF are needed to see this picture. deposit slips and bank statements. 2. A mere blank form of an official document is not in itself a document. That he introduced said document in evidence in any judicial proceeding. or different from. except those in paragraph 7 and 8. Cash disbursement vouchers or receipts evidencing payments are not commercial documents. and 2.

Page 91 of 174 • ARTICLE 174. telegraph. and decompressor individualsTIFF (Uncompressed) this picture. ELEMENTS: a. AND TELEPHONE MESSAGES. That the accused knew that wireless. That the use of the falsified dispatch resulted in the prejudice of a third party. Public officer who issued a false certificate of merit of service. in connection with the practice of his profession. 1851. MANUFACTURING AND POSSESSION OF INSTRUMENTS OR IMPLEMENTS FOR FALSIFICATION ACTS PUNISHABLE: 1. cable. 2. That the accused commits any of the following acts: . good conduct. Uttering fictitious. engaged in the service of sending or receiving wireless. telegram. dies or marks or other instruments or implements for counterfeiting or falsification. b. and c. good conduct or similar circumstances. AND USE OF SAID FALSIFIED MESSAGES ACTS PUNISHABLE: 1. NOTES: • The implements confiscated need not form a complete set.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ARTICLE 173. • Article 165 and 176 of the Revised Penal Code. Private individual who falsified a certificate under (1) and (2). and 3. who forge or alter are needed to see false certificate which refers to the illness or injury of a person. ARTICLE 176. USING FALSE CERTIFICATES CERTIFICATE . and b.falsifying wireless. or that the use thereof was with intent to cause such prejudice. Possessing with intent to use the instruments or implements for counterfeiting or falsification made in or introduced into the Philippines by another person. Act No. ELEMENTS: a. wireless. FALSE CERTIFICATES OF MERIT OR SERVICE. cable. telegraph. also punish constructive possession. cable and telegraph or telephone message. Making or introducing into the Philippines any stamps. 2. 2. That the offender is an officer or employee of the government or an officer or employee of a private corporation.any writing by which testimony is given that a fact has or has not taken place ELEMENTS: 1. TELEGRAPH. Certificate of residence 3. ARTICLE 175. That a physician or surgeon has issued a false medical certificate.uttering fictitious wireless. Ex. Article 172 does not apply because it is limited only to those false documents embraced in Articles 171 and 172. • Constructive possession is also punished. That he used the same. issued a . ETC PERSONS LIABLE: 1. cable. apunishes private Sec. CABLE. QuickTime™4. That the accused used such falsified dispatch. telegraph. or telephone message was falsified by any of the person specified in the first paragraph of art. FALSIFICATION OF WIRELESS. FALSE MEDICAL CERTIFICATES. cable or telephone message. • The public officer. or a private person had falsified any of said certificates. Physician or surgeon who. or . or telephone message • A private individual may be a principal by inducement but not direct participation 2. • When any of false certificates mentioned in Article 174 is used in judicial proceedings. telegraph or telephone message or falsifying message. or similar circumstances. Using such falsified message. It is enough that they may be employed by themselves or together with other implements to commit the crime of counterfeiting or falsification. to be liable. That the offender knew that the certificate was false. or a public officer has issued a false certificate of merit or service. or telephone message. must be engaged in the service of sending or receiving wireless. 173.

5 are neededorsee decompressor years to both. USE OF FICTITIOUS NAME (178) Element of publicity must be present Purpose is to conceal a crime. it bears to stress. USING FICTITIOUS NAME AND CONCEALING TRUE NAME ELEMENTS OF USING FICTITIOUS NAME: 1. agent or representative of any department or agency of the Philippine or any foreign government 2. then the charge of usurpation will not apply. b. express and explicit representation and not merely a failure to deny. To conceal a crime. the mere act of knowingly and falsely representing oneself is sufficient. she was clothed with authority to issue the same in view of her appointment as the then Officer-In-Charge of the BIR. 2001. • Sec. • Note: the usurpation must pertain to a department or agency of the Philippine Government or any foreign government. xxx Suffice it to say that when respondent Hefti issued the notice of distraint. and 2. ARTICLE 177. as evidenced by a photocopy of her Memorandum of Appointment dated January 23. or to cause damage to public interest CONCEALING TRUE NAME (178) Publicity not necessary Purpose is only to conceal identity Page 92 of 174 . Signing fictitious name for a passport ELEMENTS OF CONCEALING TRUE NAME: 1. That the purpose is only to conceal his identity. Ex. To evade the execution of a judgment. the offender shall be fined not more than P5. 2. 12/9/04 Hefti was charged with Usurpation of Official Function for issuing a notice of distraint. the Commissioner of the BIR and not any Officer of the BIR was the one granted with the power to issue a notice of distraint. 3. or any other official of a foreign government duly accredited as such to the Government of the Republic of the Philippines with intent to defraud such foreign government or the Government of the Philippines. consular. Desierto. To cause damage to public interest. Ex. she was then designated Officer-In-Charge of the BIR by President Gloria Macapagal-Arroyo. Representation may be shown by acts. While it is true that under Sec. and without being lawfully entitled to do so. See Estrada v. his true name. It is not necessary that he performs an act pertaining to a public officer. a function of the BIR Chapter Two – OTHER FALSITIES ARTICLE 178. it is essential that the offender should have performed an act pertaining to a person in authority. • There must be positive. • A public officer may also be an offender. GR 156160. to evade the execution of a judgment. Usurpation of official functions: By performing an act pertaining to any person in authority or public officer of the Philippines or foreign government under the pretense of such official position. Usurpation of authority: By knowingly and falsely representing oneself to be an officer. in addition to penalties imposed in RPC. or c. That the offender conceals – a. the charge for Usurpation of Official Function does not apply to said respondent. all other personal circumstances.000 or shall be imprisoned for not QuickTime™ and a more than TIFF (Uncompressed) this picture. Desierto Estrada v.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Commissioner. That the offender uses a name other than his real name. That the purpose of the offender is – a. however. USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS ACTS PUNISHABLE: 1. 206 of the NIRC as amended. 1 RA 75 punishes any person who shall falsely assume and take upon himself to act as a diplomatic. and b. • If it can be proven that the usurpation of authority or official functions by accused was done in good faith or under cloth of authority. that when respondent Hefti exercised such function of the BIR Commissioner. • In usurpation of official functions. NOTES: • In usurpation of authority. That he uses that fictitious name publicly. Hence.

committed by a person who. represents himself in any public or private document w/o stating or affixing his real or original name or aliases or pseudonym he is authorized to use. and(Uncompressed) decompressor TIFF are needed see this picture. FALSE TESTIMONY . Since Art. FALSE TESTIMONY AGAINST A DEFENDANT PERSONS LIABLE: 1. • The defendant must at least be sentenced to a correctional penalty or a fine.A. or such substitute name as may have been authorized by a competent court. Offender knows that it is false. • Penalty depends upon sentence imposed on the defendant except in the case of a judgement of acquittal. That the insignia. 3. military. or both • Wearing insignia. uniform or dress pertains to an office not held by the offender or to a class of persons of which he is not a QuickTime™ and a member. The defendant against whom the false testimony is given is either acquitted or convicted in a final judgment. That there be a Criminal proceeding. Any person who uses any name different from the one w/ w/c he was registered at birth in the office of the local civil registry. NOTES: • A judicial authority must be first secured by a person who desires to use an alias. it cannot be committed through negligence. false testimony in this Page 93 of 174 ELEMENTS: 1. Any person who having been baptized with a name different from what was registered. That said insignia. except if used in playhouse or theater or in moving picture films ARTICLE 180. NO. • However. uniform or dress. a common-law wife does not incur criminal liability under the Anti-Alias Law if she uses the surname of the man she has been living w/ for the past 20 years and has been introducing herself to the public as his wife. shall deny the truth or say something contrary to it NOTES: • Violation of this article requires criminal intent. Exempted from criminal liability are persons who use another name as a pseudonym solely for literary. television. or both.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 C. badge or emblem of rank of the members of the Armed Forces of the Philippine or Constabulary is punished by RA 493 by a fine of not less than P100 and not exceeding P2. or w/ w/c he was registered in the bureau of immigration upon entry. touniform or dress is used publicly and improperly. Hence. NOTES: • An exact imitation of the dress or uniform is unnecessary. or who had obtained judicial authority for use of an alias. Offender testifies falsely under oath against the defendant therein. • The offender need not impute guilt upon the accused to be liable. or other entertainment purposes and in athletic events. ARTICLE 179. not punishable • Using naval. cinema. That the offender makes use of insignia. being under oath and required to testify as to the truth of a certain matter at a hearing before a competent authority. • The witness who gave false testimony is liable even if the court did not consider his testimony. ILLEGAL USE OF UNIFORMS OR INSIGNIA ELEMENTS: 1. 180 does not prescribe the penalty where the defendant in a criminal case is sentenced to a light penalty. or who uses a pseudonym. radio. 2. 3. . or must have been acquitted. police or other official uniform. decoration or regalia of foreign State with intent to deceive or mislead is punished by RA 75 by a fine not exceeding P200 or imprisonment not exceeding 6 months. and 2. a colorable resemblance calculated to deceive is sufficient • The term “improperly” means that the offender has no right to use the uniform or insignia.000 or by imprisonment for not less than one month or not exceeding two years. and 4. 2. 142 (Anti-Alias Law) • Wearing the uniform of an imaginary office.

That the testimony must beafalse. 4. • Perjury is an offense which covers false oaths other than those taken in the course of judicial proceedings. That the sworn statement or affidavit containing the falsity is required by law. but gravity of crime in principal case should be shown • A defendant who voluntarily goes up on the witness stand and falsely imputes to another person the commission of the offense is liable under this article. • A “competent person authorized to administer an oath” means a person who has a right to inquire into the questions presented to him upon matters under his jurisdiction. ARTICLE 183. . the one inducing another as principal by inducement and the one induced as principal by direct participation. TIFF (Uncompressed) decompressor aretestimony must be given by the needed to see this picture. and 4. • There is no perjury through negligence or imprudence since the assertion of falsehood must be willful and deliberate. he is not liable. the accused made a willful and deliberate assertion of a falsehood. That the false defendant knowing the same to be false. • Rectification made spontaneously after realizing mistake is not false testimony (Not liable if there is no evidence that accused acted with malice or criminal intent to testify falsely) • The penalty in this article is less than that which is provided in the preceding article because there is no danger to life or liberty of the defendant. 2. • False testimony in favor of defendant need not directly influence the decision of acquittal nor benefit the defendant(intent to favor defendant sufficient) • A statement of mere opinion is not punishable. and 5. it is sufficient. the crime is perjury. If he merely denies the commission of the offense. authorized to receive and administer oath. by falsely testifying under oath b. That the testimony must be malicious and given with an intent to affect the issues presented in the said case.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 instance cannot be punished considering that a penal must be strictly construed. by making a false statement NOTES: • Subornation of perjury is committed if a person procures another to swear falsely and the witness suborned does testify under circumstances rendering him guilty of perjury. • A false affidavit to a criminal complaint may give rise to perjury. In this case. That the testimony must be given in a civil case. • Even if there is no law requiring the statement to be made under oath. FALSE TESTIMONY IN OTHER CASES AND PERJURY IN SOLEMN AFFIRMATION ELEMENTS: 1. Page 94 of 174 ARTICLE 181. This is now treated as plain perjury. as long as it is made for a legal purpose. QuickTime™ and 3. • This article is not applicable when testimony is given in a special proceeding. FALSE TESTIMONY IN CIVIL CASES ELEMENTS: 1. That in that statement or affidavit. FALSE TESTIMONY FAVORABLE TO THE DEFENDANT NOTES: • False testimony by negative statement is still in favor of the defendant. 2. Two (2) Ways Of Committing Perjury: a. That an accused made a statement under oath or made an affidavit upon a material matter. That the statement or affidavit was made before a competent officer. • A matter is material when it is directed to prove a fact in issue. 3. • Basis of penalty: amount involved in the civil case. • Solemn affirmation refers to non-judicial proceedings and affidavits. • Conviction or acquittal is not necessary (final judgment is not necessary). ARTICLE 181. That the testimony must relate to the issues presented in said case.

NOTES: • The crime is consummated by the mere act of soliciting a gift or promise for the purpose of abstaining from taking part in any public auction. 2. OFFERING FALSE TESTIMONY IN EVIDENCE ELEMENTS: 1. 3. • Execution sales should be opened to free and full competition in order to secure the maximum benefit for the debtors. gifts. Looking for a false witness is not punished by law as that is not offering a false witness. It is enough that initial steps are taken. or processor or importer combining. ARTICLE 186. That the offender offered in evidence a false witness or false testimony. That the accused had the intent to cause the reduction of the price of the thing auctioned. That the offer was made in a judicial or official proceeding. That it was done by threats. or any other artifice. That there be a public auction. That the accused attempted to cause the bidders to stay away from that public auction. promises. 184. That he knew the witness or the testimony was false. Manufacturer. 3. 2. producer. That the accused solicited any gift or a promise from any of the bidders. conspiring or agreeing with any person to make transactions prejudicial to lawful commerce or to increase the market price of merchandise NOTES: • Combination to prevent free competition in the market . MACHINATIONS IN PUBLIC QuickTime™ and a AUCTIONS TIFF (Uncompressed) decompressor are needed to see this picture. not false testimony in judicial proceedings. NOTES: • This article applies when the offender. 4. 2. ELEMENTS OF ATTEMPTING TO CAUSE BIDDERS TO STAY AWAY: 1.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 • False testimony before the justice of the peace during a preliminary investigation may give rise to the crime of perjury. A mere offer to present him is sufficient. ACTS PUNISHED: 1. The latter crime contemplates an actual trial where a judgment of conviction or acquittal is rendered. That the accused had the intent to cause the reduction of the price of the thing auctioned. in restraint of trade or commerce or to prevent by artificial means free competition in the market. It is not necessary that there be actual restraint of trade. and 4. That there be a public auction. Monopoly to restrain free competition in the market 3. and . Conspiracy or combination to prevent free competition in the market 2. presented him and the latter testified falsely in a judicial or official proceeding. and 3. MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE Chapter Three – FRAUDS ARTICLE 185. ART.By entering into a contract or agreement or taking part in any conspiracy or combination in the form of a trust or otherwise. without inducing another but knowing him to be a false witness. • The felony is consummated the moment a false witness is offered in any judicial or official proceeding. • The false witness need not be convicted of false testimony. Page 95 of 174 ELEMENTS OF MACHINATIONS IN PUBLIC AUCTIONS: 1. That such gifts or promise was the consideration for his refraining from taking part in that public auction. • The threat need not be effective nor the offer or gift accepted for the crime to arise.

315. motor fuel or lubricants c. corporation/association b. 3. manufacture a particular article. 2. lithographing or reproducing t/n. or otherwise interfering with freedom of trade without statutory authority. for the t/n or t/m of the real manufacturer or dealer upon any article of commerce. and (b) selling the same. knowing that the t/n or t/m has been fraudulently used.TIFF (Uncompressed) decompressorcontract. sign. goods of prime necessity RA 3720 . trust. By selling or by offering for sale such article of commerce. emblem. silver or other precious metals. agent/representative c. Mere conspiracy or combination is punished Crime is aggravated if the items involved are: a. or mark fails to indicate the actual fineness or quality of the metals or alloys. Combination in restraint of trade refers to the means while monopoly refers to the end. conspiring or agreeing with any person to make transactions prejudicial to lawful commerce or to increase the market price of the merchandise. 2. SILVER. or otherwise. selling the misbranded articles is not necessary.an Act to regulate the Retail Business A MONOPOLY is a privilege or peculiar advantage vested in one or more persons or companies. the president and directors or managers are liable. and 3. 2(b) • • • • • ARTICLE 188. for Page 96 of 174 . in the sale or advertising of services.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 • Monopoly to restrain free competition in the market . By printing. brands. IMPORTATION AND DISPOSITION OF FALSELY MARKED ARTICLES OR MERCHANDISE MADE OF GOLD. or control the sale or the whole supply of a particular commodity. or marks of those articles or merchandise fails to indicate the actual fineness or quality of said metals or alloys. association. That the stamps. picture. a COMBINATION IN RESTRAINT OF TRADE is an agreement or understanding between two or QuickTime™ of more persons. or a colorable imitation of such marks. poster. label. By (a) substituting the trade name (t/n) or trademark (t/m) of some other manufacturer or dealer or a colorable imitation thereof. The manufacturer who alters the quality or fineness is liable for estafa under Art. t/m or service mark of one person. to enable another person to fraudulently use the same. distribution and price. or any combination thereof used as an advertisement. knowing the fraudulent purpose for which it is to be used.created Food and Drug Administration RA 6361 . It is a form of market structure in which one or only a few firms dominate the total sales of a product or service. TRADE-NAME OR TRADE-MARK – is a word or words. for the purpose of unduly restricting competition. • • When evidence show the article to be imported. title. Also liable as principals: a. in the form and a a pool. sign or device. director/manager who willingly permitted or failed to prevent commission of above offense When offense is committed by a corporation or association. producer. SUBSTITUTING AND ALTERING TRADEMARKS. That the offender imports. controlling its production. food substance b. or a colorable imitation thereof. OR OTHER PRECIOUS METALS OR THEIR ALLOYS ELEMENTS: 1. 4. name. On the other hand. consisting in the exclusive right or power to carry on a particular business or trade.By monopolizing any merchandise or object of trade or commerce. By using or substituting the service mark of some other person. sells or disposes of any article or merchandise made of gold. or processor or importer combining. TRADENAMES. OR SERVICE MARKS • • • • ACTS PUNISHABLE: 1. brand. That the offender knows that the said stamp.created Price Control Council RA 1180 . ARTICLE 187. monopolizing trade and commerce in a certain commodity. or by combining with any person or persons to monopolize said merchandise or object in order to alter the prices thereof by spreading false rumors or making use of any other artifice to restrain free competition in the market Manufacturer. holding are needed to see this or other form of company. symbol.

or his business. 3. giving them the general appearance of the goods of another manufacturer or dealer. 2. FRAUDULENT DESIGNATION OF ORIGIN. designations. • The tradename or trademark must be registered. Page 97 of 174 . Fraudulent registration by procuring fraudulently from the patent office the registration of t/m. That the offender offers to sell or sells those goods or gives other persons a chance or opportunity to do the same with a like purpose. trademark or service mark need not be identical. 1. There must not be differences which are glaring and striking to the eye. symbols. A. the Intellectual Property Code. That there is actual intent to deceive the public or defraud a competitor. and distinctive features of radio or other advertising NOTES: • The provisions of Articles 188 and 189 of the Revised Penal Code which are inconsistent with R. That the offender gives his goods the general appearance of the goods of another manufacturer or dealer. • The tradename. ELEMENTS OF UNFAIR COMPETITION: 1. titles. names. slogans. • “Mark” means any visible sign capable of distinguishing the goods or services of an enterprise and shall include a stamped or marked container. not necessarily attached or affixed to the goods of the owner.” QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. 3. 8293 (Intellectual Property Code of the Philippines) are repealed. The meat of the matter is the likelihood of confusion. • Trademarks: to indicate origin of ownership of goods to which it is affixed • In trademarks. mistake or deception upon purchasers of the goods of the junior user of the mark and goods manufactured by the previous user. TRADEMARK. • The exclusive right to an originally valid trademark or tradename is lost. or committing any acts calculated to produce such result Unfair Competition Infringement of trademark or trade name Limited range Identified a peculiar symbol or mark with his goods and thereby has acquired a property right in such symbol or mark Sells goods on which trademark is affixed Broader. a colorable imitation is sufficient. it is not necessary that the goods of the prior user and the later user of the trademark are of the same categories. (b) wrapping of their packages. or any false description or representation.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 the purpose of enabling the public to distinguish the business of the person who owns and uses said trade-name or trade-mark SERVICE MARK – is a mark used in the sale or advertising of services to identify the services of one person and distinguish them from the services of others and includes without limitation the marks. AND FALSE DESCRIPTION * Superseded by RA 8293. • Tradename: identify or distinguish an enterprise. or services for those of the one having established goodwill. and 4. Unfair competition by selling his goods. and (b) selling such goods or services. OR SERVICE MARK. That the general appearance is shown in the (a) goods themselves. more inclusive Identified in the mind of the public whether or not a mark or trade name is employed Gives his goods the general appearance of the goods of another ARTICLE 189. FRAUDULENT REGISTRATION OF TRADE NAME. or in (d) any other feature of their appearance. t/m or service mark. UNFAIR COMPETITION. 1998. UNFAIR COMPETITION: consists in employing deception or any other means contrary to good faith by which any person shall pass off the goods manufactured by him or in which he deals. ACTS PUNISHED: 1. Jan. Trademark must not be merely descriptive or generic. (c) device or words therein. character names. 2. if for any reason it loses its distinctiveness or has become “publici juris. Fraudulent designation of origin by (a) affixing to his goods or using in connection with his services a false designation of origin.

or resort where any controlled precursor and essential chemical is sold or used Qualifying circumstances: 1. delivery. Established/undertaken within 100m of residential. delivered. manages or acts as a financier • The protector or coddler is also liable. c. or 2. business. the same shall be confiscated and escheated in favor of government IF 1. 1683 and further amended by RA No. decorative and culinary purposes) and/or controlled precursors and essential chemicals Qualifying circumstance: a. manages or acts as financier • • The protector or coddler is also liable. 6425 and RPC provisions on crimes related to opium and other prohibited drugs) Policy 1. or sold to a minor who is allowed to use the same in such place. Being employees or visitors of drug den who are aware of the nature of such place • For the employee who is aware of nature of place and any person who knowingly visits such place • A person who visited another who was smoking opium shall not be liable if the place is not an opium dive or resort 5. Any phase conducted in presence or with help of minors 2. Rehabilitation ACTS PUNISHABLE: 1. If place owned by third person. couriers and messengers of drug pushers. NO. Sale. A. 1972 (Sec. b. If the importation was through the use of a diplomatic passport. distribution and QuickTime™ and a TIFF dangerous drugs decompressor transportation of(Uncompressed) this picture.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 TITLE FIVE CRIMES RELATED TO OPIUM AND OTHER PROHIBITED DRUGS be the proximate cause of the death of a victim thereof d. Balance Medicinal Purpose 3. are needed to see Qualifying circumstances: a. Organizes. 42). Maintenance of a den. reputation of place) 4. Owner included as accused in criminal complaint Articles 190-194 of the Revised Penal Code are repealed by Republic Act No. 9165. dive. should a prohibited drug be the proximate cause of the death of the person using the same in such den. distributed. NO. church or school premises Page 98 of 174 . b. delivered. as amended by PD No. Prosecution proves intent on part of owner 3. Organizes. Manufacture of dangerous drugs and/or controlled precursors and essential chemicals Aggravating circumstance: Clandestine lab is undertaken under the following circumstances: 1. or should a prohibited/regulated drug involved in any offense under this section OPIUM DIVE OR RESORT: place where dangerous drug and/or controlled precursor and essential chemical is administered. administration. Campaign against Drugs and Protection of State 2. sold or used in any form (To be habitual – prior conviction. where a prohibited/regulated drug is administered. manages or acts as financier 3. Organizes. Within 100 meters from a school. repealing R. diplomatic facilities or any other means involving the offender’s official status. Importation of dangerous drugs (even for floral. dive or resort. 3. stored for illegal purposes. A. Complaint specifically allege that such place used intentionally for furtherance of crime 2. 7659 THE DANGEROUS DRUGS ACT OF 2002 (R. If the victim of the offense is a minor. If minors/mentally incapacitated individuals are used as runners. 2. 6425 “The Dangerous Drugs Act of 1972” which took effect on March 30.

the offense is POSSESSION OF DANGEROUS DRUGS. possession of dangerous drugs. • • 10. 15. fraudulent use of permits. either actual or constructive. or under circumstances where one reasonably should know Qualifying circumstance . (Uncompressed) decompressor are needed to see this picture. occupancy or taking 2. apparatus or other such equipment. Hence. knowing. regardless of the degree of purity • Penalties are graduated to the amount of drugs (the only violation where quantity matters) • The kinds of drugs have different respective amounts for the graduation of penalties of equipment. instrument. manages or acts as financier Prima facie proof of manufacture: presence of controlled precursor and essential chemical or lab equipment in the clandestine lab CLANDESTINE LABORATORY: Any facility used for illegal manufacture of any dangerous drug and or controlled precursor and essential chemicals 6. use of dangerous drug. or in the proximate company of at least 2 persons. Lab secured/protected by booby traps 4. Possession apparatus and other paraphernalia fit for introducing dangerous drugs into the body • Possession of such equipment = Prima facie evidence that possessor has used a dangerous drug and shall be presumed to have violated Sec. Use of dangerous drugs • Must be found positive after a confirmatory test st • 1 conviction – minimum of 6 mos. this Section shall not apply. 9. destruction of documents. apparatus. If the offender is caught with possession of paraphernalia. public official or foreigner Qualifying circumstance: Organizes. and other paraphernalia for dangerous drugs and/or controlled precursor and essential chemicals Acts Punishable: 1. Employment of practitioner. Manufacture or delivery of equipment. misdeclaration. Sec. social gathering. regardless of quantity • Possession: unauthorized. of rehabilitation • 2nd conviction – imprisonment and fine • Where the accused is also found to be in possession of dangerous drugs. Possession of dangerous drugs. transport of legitimately imported. intent to possess • • What is punished is present possession. manufacture with intent to deliver the paraphernalia. Qualifying circumstance: Party. possess with intent to deliver 3. deliver 2. shall apply. Illegal chemical diversion of precursor and essential chemicals controlled • Qualifying circumstance: Party. Cultivation or culture of plants which are dangerous drugs or are sources thereof Page 99 of 174 .Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 3. Ex.use of a minor or a mentally incapacitated individual to deliver QuickTime™ and a TIFF instrument. The possession of PARAPHERNALIA is absorbed by USE of dangerous drug. in-transit. manufactured or procured controlled precursors or essential chemicals to any person or entity engaged in manufacture of dangerous drug and concealment of such transaction through fraud. chemical engineer. USE is subsumed by POSSESSION. 11. irrespective of quantity. with intent to possess(full knowledge that what was possessed was any of prohibited or regulated drug) Elements of possession of opium: (RA 6425) 1. distribution. possession of dangerous drugs and use of dangerous drugs. instrument. use of front companies or mail fraud 7. paraphernalia 8. not past possession It is not necessary to allege in information that accused is not authorized to possess opium CHEMICAL DIVERSION: sale. Concealed with legitimate business operations 5. or in the proximate company of at least 2 persons. social gathering. 11.

shall be imposed. distributor or dealer. Maintenance of a den. or to the use of their equipment. or retailer The additional penalty of revocation of his license to practice his profession in case of a practitioner. but under Sec. corporation. Any government officer tasked with the prosecution of drug-related cases under this Act who delays or bungles the prosecution. 5. corporation. Failure to keep of original records transactions of dangerous drugs • • of Persons liable: practitioner. 6. wholesaler. the partner. Manufacture of dangerous drugs and/or Scontrolled precursor and essential chemical. manufacturer. aircraft. or aircraft as an instrument in the importation. president. Unlawful prescription of dangerous drugs Also Punishable ATTEMPT AND CONSPIRACY TO COMMIT THE FOLLOWING OFFENSES: a. unless the owner thereof prove that he did not know of such cultivation or culture despite the exercise of due diligence on his part. or consents to the use of a vehicle. manages or acts as financier 12. 8. (Justice Peralta) Qualifying circumstance: 1) The land is part of the public domain 2) Organizes. Public officer or employee who misappropriates. Any person who is found guilty of “planting” any dangerous drugs and/or controlled precursor and essential chemicals. officer or stockholder. association or judicial entity to which they are affiliated. importer. willfully or through gross negligence. Partner. tolerates. OTHER PERSONS LIABLE: 1. if such vehicle. seller. director. d. delivery. regardless of quantity or purity (penalty of death). 4. distribution or transportation of dangerous drugs. • For the purpose of enforcing the provisions of this Act. etc. or of his or its business license in case of manufacturer. sale. equipment. machines or other instruments in the manufacture of any dangerous drugs.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 • • The land/portions thereof and/or greenhouses in which any of the said plants is cultivated or cultured shall be confiscated and escheated to the State. Any person authorized to conduct drug test who issues false or fraudulent drug test results knowingly. and e. 2. vessel. the accused should not be prosecuted under mere possession. 14. who knowingly authorizes. misapplies or fails to account for confiscated. are needed to see dangerous drugs and/or controlled precursor and essential chemical. Sale. QuickTime™ and a TIFF (Uncompressed) and transportation of decompressor delivery. or manager who consents to or knowingly tolerates such violation shall be held criminally liable as co-principal. dive or resort for dangerous drugs. Unnecessary prescription of dangerous drugs • Person Liable: Practitioner who shall prescribe any dangerous drug for any person whose physical/physiological condition does not require the use of thereof or in the dosage therein. Importation of dangerous drugs and/or controlled precursor and essential chemical. vessel. plant sources of dangerous drugs. 26. distribution this picture. manager. or surrendered dangerous drugs. importer. director. administration. Cultivation or culture of plants which are sources of dangerous drugs. Any elective local or national official who have benefited from the proceeds of trafficking of dangerous drugs or have received any financial/material contributions or donations from natural or juridical persons guilty of drug trafficking. If the violation of the Act is committed by a partnership. Any person violating a regulation issued by the Dangerous Drugs Board 7. The penalty for such attempt and conspiracy is the same penalty prescribed for the commission. dealer. trading. president. or other instrument. distributor. as such. seized. Thus. all school heads. supervisors and teachers shall be deemed to be persons in authority and. 13. b. c. is owned or under the control and supervision of the partnership. 3. association or any judicial person. where the offense of sale was not consummated. dispensation. are vested with the power to Page 100 of 174 .

indicate that he shall be given full credit for the period of confinement. he shall no longer be exempt from criminal liability for the use or possession of any dangerous drug.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 apprehend. and the Court or prosecutor. A drug dependent who is discharged as rehabilitated. (use of dangerous drug) and be prosecuted like any other offender. (Sec. but shall be placed on probation and undergo community service in lieu of imprisonment and/or fine in the court’s discretion. he shall be credited for the period of confinement in the Center. conditions: 1) Complied with the rules of the Center 2) Never been charged or convicted of any offense under this Act. may be charged under this Act. 44) RULES FOR EXEMPTION FROM CRIMINAL LIABILITY OF DRUG DEPENDENTS THROUGH VOLUNTARY SUBMISSION: A. and the accused is not a recidivist. he surrendered by himself or through his parent. H. A drug dependent who is not rehabilitated after the second commitment to the Center under the voluntary submission program shall. th w/in guardian or relative w/in the 4 1 week. 4) Poses no serious danger to himself. finds that the person charged with an offense is a drug dependent. the fiscal or court as the case may be. the prosecution shall continue. If the Board determines that public interest requires that such person be committed. Voluntary submission of a drug dependent to confinement. constitute sufficient cause for disciplinary action by the school authorities. upon recommendation of the Board. If convicted. or beyond such immediate vicinity if they are in attendance in any school or class function in their official capacity as school heads. B. report the matter to the proper authorities. be charged for violation of Sec. After commitment and discharge. Page 101 of 174 . F. prescribe shall may are needed to see exempt him from criminal liability for possession or use of the dangerous drug. he should escape again. subsequent to such recommitment. treatment and rehabilitation by the drug dependent himself or through his parent. family or community. C. 3) No record of escape from the Center. provided when the offense is use of dangerous drugs. In case of conviction. within the same period surrender him for confinement. • Any teacher or school employee who discovers or finds that any person in the school or within its immediate vicinity is violating this Act shall have the duty to report the violation to the school head or supervisor who shall. at any stage of the proceedings. supervisors or teachers. Upon application of the Board. guardian or relative within the 4th in a center and compliance with such conditions therefor as the QuickTime™ and a TIFF (Uncompressed) decompressor Dangerous Drugs Board this picture. the Court shall issue an order for recommitment if the drug dependent does not resubmit himself for confinement or if he is not surrendered for recommitment. arrest. it shall file a petition for commitment. 15. the Dangerous Drugs Act of 1972. the judgment shall. I. or any special penal laws. after hearing. provided if he escaped. If. the penalty shall have deemed to have been served in the center upon release. The period of prescription of the offense charged shall not run during the time that the respondent/accused is under detention or confinement in a center. in turn. or cause the apprehension or arrest of any person who shall violate any of the said provision. spouse. Should the drug dependent escape from the center. but does not qualify for exemption. Failure to report in either case shall. the RPC. They shall be considered as persons in authority if they are in the school or within its immediate vicinity. of his parent guardian or relative may. G. if certified by the center for good behavior. Drug dependent who is finally discharged from confinement shall be exempt subject to the ff. E. D. he may submit himself for confinement within 1 week from the date of his escape. If a person charged with an offense with an imposable penalty of less than 6 years and 1 day. shall suspend all further proceedings and transmit records of the case to the Board.

3. Accused is a minor over 15 years at the time of the commission of the offense but not more than 18 years of age when the judgment should have been promulgated. • Where the minor is under 15 years at the time of the commission. in its discretion. rules of the Board. He has not been previously convicted of violating this Act. 4. the court may. or impose community service in lieu of imprisonment. 2. Supervision and rehabilitative surveillance of the Board and under such conditions that the court may impose for a period of 6-18 mos. Page 102 of 174 . The privilege of suspended sentence may be availed of only once. Upon promulgation of sentence. D. If the minor violates any of the conditions of his suspended sentence. C. Dangerous Drugs Act of 1972. He has not been previously committed to a Center or to the care of a DOH-accedited physician. the court shall pronounce judgment of conviction and he shall serve sentence as any other convicted person. place the accused under probation. RPC or any special penal laws. Art. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 RULES ON SUSPENSION OF SENTENCE FOR FIRST OFFENSE OF A MINOR: A. The Dangerous Drugs Board favorably recommends that his/her sentence be suspended. Requisites for suspension: 1. or rules of the center. 192 of Child and Youth Welfare Code shall apply (suspension of sentence and commitment) B.

2 3 24 hours upon confiscation 24 hours after receipt Submit to PDEA Forensic Lab for examination Issue certification of exam results under oath. the SoJ shall appoint a member of the public attorney’s office to represent the former. civil society groups and any elected public official 4 5 72 hours after filing of criminal case 24 hours from ocular inspection 6 After promulgation and judgment Trial prosecutor to inform the Board of final termination of case. or representative. if the volume is too large. Submit certification and representative sample to the court. Accused or the person/s from whom confiscated. provided further. provided. Board to issue sworn certification of destruction. or representative. media. DOJ and any elected public official who shall sign the copies of the inventory and be given a copy. retain representative sample. Request the court for leave to turn over representative samples to PDEA. media. stating quantities still to be examined. Court ocular inspection. Page 103 of 174 . DOJ. Destruction (through PDEA). In case the offender refuses or fails to appoint a representative after due notice in writing within 72 hours before the actual destruction. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. issue final certification within next 24 hours. provided.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 PROCEDURE for CUSTODY and DISPOSITION TIME 1 Immediately after seizure TASK Inventory and photograph PRESENT Accused or the person/s from whom confiscated. Destruction 7 24 hours from receipt Alleged offender or his representative shall be allowed to personally observe all of the proceedings and his presence shall not constitute an admission of guilt. provisionally issue partial report.

Where the offender is a minor. Thus. 2/16/04 The consummation of the crime charged herein may be sufficiently established even in the absence of an exchange of money. The absence of actual or completed payment is irrelevant. the State 6) does not appear to be the most guilty 7) no other direct evidence available 10. Payment of consideration is likewise immaterial in the distribution of illicit drugs. mere possession of a regulated drug without legal authority is punishable under the Dangerous Drugs Act. 8. provided the ff. conditions concur: 1) necessary for conviction 2) not yet in the possession of the State 3) can be corroborated on material points 4) has not been previously convicted of a crime of moral turpitude. People v.bust operation. A person charged under the Dangerous Drugs Act shall not be allowed to avail of plea-bargaining. If public official/employee is the offender. except when there is no other direct evidence QuickTime™ and a TIFF (Uncompressed) decompressor 5) comply with conditions imposed by are needed to see this picture. The offer to sell and then the sale itself arose when the poseur-buyer showed the money to appellant. If offender is an alien. Confirmed test shall be prima facie evidence that offender has used dangerous drugs. (Justice Peralta) People v. Mere showing of the said regulated drug does not negate the existence of an offer to sell or an actual sale. Adam GR 143842. People v. Immunity from prosecution and punishment shall be granted to an informant. the minor is then entitled to mitigating circumstances under the RPC (Martin Simon case). for the law itself penalizes the very act of delivery of a dangerous drug. There is no evidence that the appellant handed over the shabu to the poseur buyer. 2. since RPC nomenclature of penalties is used.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 RULES FOR LAB EXAMINATION OF APPREHENDED/ARRESTED OFFENDERS : 1. and hand it over to the poseur-buyer. GR 150735. Absence of ultraviolet powder on the buy money is not fatal for the prosecution. the penalty for acts punishable by life imprisonment to death shall be reclusion perpetua to death. Positive results shall be challenged w/in 15 days after receipt of the result through a confirmatory test. People v. regardless of any consideration. Cadley. GR 148077. 10/13/03 Appellant is guilty of the crime of attempted sale of shabu. As gleaned from the testimony of the poseur-buyer. the maximum penalty shall be imposed. In buy-bust operations. whether appointed or elected. 7. 7/1/03 In a prosecution for illegal possession of a dangerous drug. Chua. except in the case of minor offenders. • Hence. OTHER RULES: 1. GR 149878. 11. 2) All candidates for public office. an additional penalty of deportation without further proceedings shall be imposed immediately after service of sentence. the appellant merely showed the bag containing the shabu and held on to it before it was confiscated. which prompted the latter to show the contents of the carton. the minor does not receive the death penalty. There is no evidence that the poseurbuyer talked about and agreed with the appellant on the purchase price of the shabu. Yang. 2. A positive finding for the use of dangerous drugs shall be a qualifying aggravating circumstance in the commission of a crime by the offender. Mandatory drug testing includes: 1) All persons charged with a criminal offense having an imposable penalty of not less than 6 years and 1 day. the conduct of which has no rigid or textbook method. 6. conduct examination w/in 24 hours. If reasonable ground to believe that offender is under the influence of dangerous drugs. 5. Any person convicted of drug trafficking or pushing cannot avail of the Probation Law. Page 104 of 174 . 3. 3/15/04 A prior surveillance is not a prerequisite for the validity of an entrapment or buy. there is no law or rule requiring policemen to adopt a uniform way of identifying buy money. 4. Limited applicability of the RPC The RPC shall not apply to this Act. Lack of criminal intent or good faith does not exempt appellants from criminal liability. Positive test must be confirmed for it to be valid in a court of law. 3. 4.

monte. fine of P6. the following facts must be proven with moral certainty: (1) that the accused is in possession of the object identified as a prohibited or regulated drug. high and low. 195-199 RPC. Any person who shall directly or indirectly take part in any illegal or unauthorized activities or games of: In case of recidivism: (1) Cockfighting. to P10. PRESCRIBING STIFFER PENALTIES IN ILLEGAL GAMBLING (Repealed Art. roulette. point shaving and other machinations (9) Banking or percentage game. whether upon chance or skill. cuajo. or any other game or scheme. proof of the accused’s ownership of the house where the prohibited drugs were discovered is necessary. baccarat. (4) Black jack. jueteng. boat racing. and (3) that the accused freely and consciously possessed the said drug. boxing. bingo and other forms of lotteries (2) Cara y cruz. articles of value or representative of value are at stake or made 2. In this case. GR 149462. numbers. 1602. PD 483 betting law.000 to P6. pinball and other mechanical contraptions and devices (7) Dog racing. Prision mayor.000(Uncompressed) decompressor bookie to include TIFF are needed to see this picture.D. Any person who KNOWINGLY permits any form of gambling in an inhabited or uninhabited place or in any building. Gambling in place with reputation of gambling. mahjong. (2) that such possession is not authorized by law. Del Norte. poker and its derivatives. 3/31/04 In a prosecution for illegal possession of dangerous drugs. and PD 449 cockfighting law) PENALTY Prision correccional. medium or fine ranging from P1. bowling. pangguigue and other card games (5) Pak que. volleyball. wherein wagers consisting of money.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 People v. frequent gambling Page 105 of 174 TITLE SIX CRIMES AGAINST PUBLIC MORALS P. pingpong and other forms of individual or team contests to include game fixing. medium or fine jai-alai or horse racing QuickTime™ and a ranging from P5.000 1. domino and other games using plastic tiles and the like (6) Slot machines. pompiang and the like (3) 7-11 and any game using dice .000 ACTS PUNISHED 1. car racing and other forms of races (8) Basketball. vessel or other means of transportation owned or controlled by him Prision correccional maximum. lucky nine.000 operations and game fixing.

point shaving and machination Any person who knowingly and without lawful purpose possess lottery list. and similar games of lotteries and numbers which have taken place or about to take place Barangay official who with knowledge of gambling house/place in his jurisdiction fails to abate or take action Security officer. articles of value or representative of value) are at stake or made. umpire. enclosures and the like which have reputation of gambling place or where gambling activities are being held QuickTime™ and a Spectators are not liable: must directly or indirectly take part. The law’s purpose is to prohibit absolutely those games. referee. Prize/advantage/inequality in amount value which is in the nature of prize or Prision correccional medium or fine P400 to P2. watchman. private or house detective of hotels. The law does not make it an offense to be present in a gambling house. buildings. other machinations P. burden of evidence is shifted to accused to show that his possession is lawful or is not connected with jueteng game. articles. SALE AND POSSESSION OF LOTTERY TICKETS OR ADVERTISEMENTS (ALREADY REPEALED) TIFF (Uncompressed) decompressor are needed to see this picture. conductor. paper or other matter containing letters. figures. 196: IMPORTATION. government building or barangay hall 2.000 Temporary absolute disqualification Prision correccional maximum or fine P500 to P2000 NOTES: Distribution of prizes by chance No lottery where there is full value of money(criminal case-Olsen).Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 place.000 Government official maintainer. with temporary absolute disqualification or fine of P6. jai-alai or horse racing bookies. signs or symbols pertaining to or in any manner used in the games of jueteng. banker of gambling schemes. postal law-El Debate) Proof that game took place or is about to take place is not necessary. 483: BETTING.betting money or any object or article of value or representative of value upon the result of any game. Lottery: Requisites: 1. medium. but proof to the contrary is necessary when jueteng lists pertain to games played on other dates MAINTAINER – person who sets up and furnishes means to carry on gambling or scheme CONDUCTOR – person who manages or carries on gambling game or scheme ART. A game or scheme is punishable even if winning depends upon skill as long as wagers (consisting of money. Maintainer or conductor of above gambling schemes Prison mayor. Chance 3.D. GAME-FIXING OR POINT-SHAVING AND MACHINATIONS IN SPORT CONTESTS NOTES: BETTING . or value are at stake or made Individual/team contests: game-fixing. promoter. villages. races and other sports contests Page 106 of 174 . NOTES: Playing for money is not a necessary element. No. judge or coach in case of game fixing. player. but if inducement to win prize is reason for purchase/subscription/others then even if full value for money is received—still lottery(Administrative Code. Any other games if with wager of money. pointshaving. Consideration 2.

June 12. races or sports contests to make points or scores shall be limited deliberately in order to influence the result thereof in favor of one or the other team. Betting in Horse Races is allowed during periods provided by law but betting in cockfights is prohibited at all times. Game-fixing. Sundays 2. Sports Contests: Betting. November 30. scheme or agreement by which the result of any game. commercial or industrial fair. Entertainment of foreign dignitaries 2. is generally prohibited. Election or Referendum Day and during Registration Days for such election or referendum 3.Extended for only one time. During local fiestas for not more than 3 days 4.In licensed cockpits or in playgrounds or parks . For support of national fund-raising campaigns for charitable purposes as may be authorized by the Office of the President. races or sports contests shall be predicted and/or knows other than on the basis of the honest playing skill or ability of the players or participants POINT-SHAVING – any such arrangement. manner or practice employed for the purpose of influencing the result of any game. except: December 30. The prohibition does not mean that the Government cannot regulate it in the exercise of police power.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 GAME-FIXING – any arrangement. 1. method. unless allowed by law. detention or prosecution – No person who voluntarily discloses or denounces to the President of the Philippine Amateur Athletic Federation or to the National Sports Association concerned and/or to any law enforcement/police authority any of the acts penalized by this Decree shall be arrested. races or sports contests Clearance for arrest. Good Friday. city or municipal council .OFFENSES AGAINST DECENCY AND GOOD CUSTOMS Page 107 of 174 . There are particular days where Cockfighting and Horse Racing are allowed. unfair or dishonest means. manger or lessee of cockpit that permits gambling shall be criminally liable) Spectators in cockfight are not liable unless he participates as bettor ART. upon resolution of a provincial board. city or municipality NOTES: Permitting gambling of any kind in cockpit is punished under the same Decree (Owner. within a year to a province. player or participant therein GAME MACHINATION – any other fraudulent. for a period not exceeding 3 days. Provincial. subject to approval of Chief of Constabulary or his authorized representative—not allowed within month of local fiesta of for more than two occasions a year in same city or municipality Cockfighting for Entertainment of Tourists or for Charitable Purposes: Chief of Constabulary or his authorized representative may also allow the holding of cockfighting for: 1. city or municipal agriculture. Holy Thursday. Tourists 3. carnival or exposition for a similar period of three days Chapter Three . scheme or agreement by which the skill of ability of any player or participant in a game. combination. 198: ILLEGAL BETTING ON HORSE RACES (ALREADY REPEALED) NOTES: Gambling in all its forms. detained and or prosecuted except upon prior written clearance from the President of the Philippines and/or the Secretary of National Defense upon resolution. combination. Balikbayan 4. deceitful. Legal Holidays. Game Machinations prohibited COCKFIGHTING LAW OF 1974 Holding of Cockfights – Cockfighting shall be QuickTime™ allowed only in licensed cockpits:and a TIFF (Uncompressed) decompressor are needed to see this picture. PointShaving.

Who are considered VAGRANTS: 1. 6. 201: IMMORAL DOCTRINES. Persons tramping or wandering around the country or the streets with no visible means of support. engraving. it may occur even in a private place. sculptures or literature which are offensive to morals. 3. 2. 4. published with their knowledge in any form. 4. public order. NOTES: Morals imply conformity to generally accepted standards of goodness or rightness in conduct or character. Those who sell. The test of obscenity is whether the matter has a tendency to deprave or corrupt the minds of those who are open to immoral influences. Idle or dissolute persons lodging in houses of ill-fame. That the offender performs an act. 3. cinemas or any other place. Ruffians or pimps and those who habitually associate with prostitutes (may include even the rich). The public view is not required. lawful orders. Publicity is an essential element. good taste Customs refer to established usage. Authors of obscene literature. the number of people who sees it is not material. 3. ART. Owners or are operators picture. A matter can also be considered obscene if it shocks the ordinary and common sense of men as indecency. OBSCENE PUBLICATIONS AND EXHIBITIONS. those w/c serve no other purpose but to satisfy the market for violence. decrees and edicts. and 6. Those who publicly expound or proclaim doctrines that are contrary to public morals. It is sufficient if committed in public place. QuickTime™ and a TIFF (Uncompressed) decompressor 4. Decency means properly observing the requirements of modesty. Editors publishing such obscene literature. scenes. social conventions carried on by tradition and enforced by social disapproval in case of violation. AND INDECENT SHOWS Persons liable: 1. without any lawful or justifiable reason. those that are contrary to law. That such act/s be highly scandalous as offending against decency or good customs. and 5.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ART. 2. those w/c tend to abet the traffic and the use of prohibited drugs. or exhibit prints. 200: GRAVE SCANDAL Elements: 1. establishments needed to see this of selling obscene literature. Persons found loitering around public and semi-public places without visible means of support. Considered as obscene literature or immoral or indecent plays. scenes or acts: 1. Mere nudity in paintings and pictures is not obscene. That the highly scandalous conduct does not expressly fall within any other article of the RPC. ART. acts or shows in theaters. established policies. give rise to public scandal to persons who have accidentally witnessed the acts. those w/c offend against any race or religion. They are committed publicly and thus. distribute. and 4. The essence of grave scandal is publicity and that the acts committed are not only contrary to morals and good customs but must likewise be of such character as to cause public scandal to those witnessing it . 2. good customs. Grave scandal consists of acts which are offensive to decency and good customs. 5. Persons found loitering in inhabited or uninhabited places belonging to others. 3. lust or pornography. Those who exhibit indecent or immoral plays. For being committed within the public knowledge. fairs. morals. 202: VAGRANTS AND PROSTITUTES Page 108 of 174 . Those who have no apparent means of subsistence and who have the physical ability to work yet neglect to apply themselves to some useful calling. 5. 2. Pictures w/ a slight degree of obscenity having no artistic value and being intended for commercial purposes fall within this article. That the act/s complained of be committed in a public place or within the public knowledge or view. those w/c glorify criminals or condone crimes.

of mendicancy under Presidential Decree No. immoral (includes maintainer of house of prostitution) RUFFIANS – brutal. temporary performance by a laborer of public functions makes him a public officer. Under R.A. the crime committed is vagrancy. unrestrained. Mendicant – Those with no visible and legal means of support. 1619. or lawful employment and physically able to work but neglects to apply himself to lawful calling and instead uses begging as means of living (higher penalty if convicted 2 or more times) 2. lawless If fenced and with prohibition of entry If fenced and entered to hunt/fish If not fenced and with no prohibition of entry Trespass To Dwelling Attempted theft Vagrancy TITLE SEVEN CRIMES COMMITTED BY PUBLIC OFFICERS Chapter One . However.PRELIMINARY PROVISIONS ART. by direct provision of the law. Rendering judgment through negligence 3. Rendering unjust interlocutory order 4. Knowingly rendering unjust judgment 2. one must be 1. or c. Section 202 of the Revised Penal Code. NOTES: Public officers include every public servant from the lowest to the highest rank provided that they exercise public functions. 1653 . sidewalks.) DISSOLUTE – lax. 1563. Any person who abets mendicancy by giving alms on public roads. agent or subordinate official. Taking part in the performance of public functions in the Government. violent. of any rank or class. Malfeasance Misfeasance Doing of an act which a public officer should not have done Improper doing of an act which a person might lawfully do Failure of an agent to perform his undertaking for the principal P. dereliction of duty in prosecution of offenses Page 109 of 174 .D. or b.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 provided the act does not fall within any other article of the RPC. by appointment by competent authority. 9344 persons below eighteen (18) years of age shall be exempt from prosecution QuickTime™ and a TIFF (Uncompressed) decompressor for the crime of vagrancy and prostitution under are needed to see this picture. PROSTITUTES . A government laborer is not a public officer. Malicious delay in the administration of justice Nonfeasance: 1.women who habitually(not just 1 man) indulge in sexual intercourse or lascivious conduct for money or profit (If a man indulges in the same conduct. and sniffing of rugby under Presidential Decree No. parks and bridges except if given through organized agencies operating under rules and regulations of Ministry of Public Information NOTE: Giving alms through organized agencies operating under the rules and regulations of the Ministry of Public Information is not a violation of the Mendicancy Law. by popular election. in the government or any of its branches. such prosecution being inconsistent with the United Nations Convention of the Rights of the Child: Nonfeasance Misfeasance: 1. 203: WHO ARE PUBLIC OFFICERS Requisites: To be a public officer. That his authority to take part in the performance of public functions or to perform public duties must be a. or performing public duties as an employee.MENDICANCY Persons liable: 1. and 2.

3. That he delays the administration of justice. That it is due to inexcusable negligence or ignorance. MANIFESTLY UNJUST JUDGMENT – manifestly contrary to law that even a person having meager knowledge of law cannot doubt the injustice. . 208: PROSECUTION OF OFFENSES. NOTES: A judgment is a final consideration and determination by a court of competent jurisdiction of the issues submitted to it in an action or proceeding. 3. It is not presumed. conscious and deliberate intent to do an injustice. 206: UNJUST INTERLOCUTORY ORDER Elements: 1. or not supported by the evidence. NEGLIGENCE AND TOLERANCE Acts punishable: 1. and 4. By maliciously refraining from instituting prosecution against violators of the law 2. That there is a proceeding in his court. and 4. That the offender is a judge. bribery There must be evidence that the decision rendered is unjust. Direct bribery 2. not abuse of discretion or mere error of judgment Chapter Two . 2.MALFEASANCE AND MISFEASANCE IN OFFICE ART. renders a manifestly unjust interlocutory order or decree through inexcusable negligence or ignorance. That he renders judgment in a case submitted to him for decision. That he performs any of the following acts: a. knowingly renders an unjust interlocutory order or decree. and 2. INTERLOCUTORY ORDER . That the delay is malicious.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 2. ART. betrayal of trust by an attorney or solicitor – revelation of secrets Malfeasance: 1. That the offender is a judge. that is. That the judge knows that the decision is unjust. error (w/ bad faith) 2. That the judgment is manifestly unjust. it is not a final determination of the issues of the action or proceeding ART. That he renders a judgment in the case submitted to him for decision. Indirect bribery 2. 2.one issued by the court deciding a collateral or incidental matter. and 4. ART. (no liability if error in good faith) Abuse of discretion or mere error of judgment QuickTime™ and a cannot likewise serve as basis for rendering TIFF (Uncompressed) decompressor are needed to see this picture. or b. an unjust judgment in the absence of proof or an allegation of bad faith (motive or improper consideration). ill-will or revenge 3. By maliciously tolerating the commission of offenses Page 110 of 174 ART. An unjust judgment is one which is contrary to law. An unjust judgment may result from: 1. the delay is caused by the judge with deliberate intent to inflict damage on either party in the case. 205: JUDGMENT RENDERED THROUGH NEGLIGENCE Elements: 1. That the offender is a judge. 3. 204: KNOWINGLY RENDERING AN UNJUST JUDGMENT Elements: 1. Knowingly – deliberately or maliciously. 207: MALICIOUS DELAY IN THE ADMINISTRATION OF JUSTICE Elements: 1. NOTE: Mere delay without malice is not punishable. That the offender is a judge. That the judgment is unjust. or both.

Here. This article not applicable to revenue officers. 3. A private person may commit this crime only in the case in which custody of prisoners is entrusted to him. 2. temporary performance of public functions is sufficient to constitute a person a public officer. That there is dereliction of the duties of his office. 2. arbitrators. is liable as principal in the crime of dereliction of duty in the prosecution of offenses. no. b. in consideration of an execution of an act which does not constitute a crime. a dereliction of duty caused by poor judgment or honest mistake is not punishable. or assists in the escape of an offender. he does not cause (a) the prosecution of the criminal (People vs. 210: DIRECT BRIBERY Elements: 1. The crime must be proved first before an officer can be convicted of dereliction of duty. That the offender accepts an offer or promise or receives a gift or present by himself or through another. (contemplates an accepted gift. Revealing any of the secrets of his client learned by him in his professional capacity. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. There must be a duty on the part of the public officer to prosecute or move for the prosecution of the offender. when it is his duty to prosecute him. (If gift/promise is a consideration for his conduct. by any malicious breach professional duty. without the consent st of his 1 client. and an overt act) c. NOTES: Prevaricacion means the negligence and tolerance in the prosecution of an offense. or to prosecute offenses. but the act must be unjust. Rosales. or of Bribery exists when the gift is: 1. 209: BETRAYAL OF TRUST BY AN ATTORNEY OR SOLICITOR – REVELATION OF SECRETS Acts punishable: 1. 42648) or (b) knowing that a crime is about to be committed he tolerates its commission.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 Dereliction of duty in the prosecution of offenses: Elements: 1. He is not an accessory. That the offender be a public officer. experts or any other person performing public duties. appraisal and claim commissioners. b. voluntarily offered by a private person Page 111 of 174 . A public officer who harbors. ART. That the act which the offender agrees to perform or which he executes be connected with the performance of his official duties. to refrain from doing something which is his official duty to do. It may only be attempted or consummated. 3. Applicable also to assessors. “Maliciously” signifies deliberate evil intent. G.R. knowing the commission of the crime. that is. 2.) and 3. ART. crime is direct bribery. That the offender acts with malice and deliberate intent to favor the violator of the law. However. (need not be a statutory duty) NOTES: For purposes of this article. by inexcusable negligence or ignorance. That such offer or promise be accepted or gift/present received by the public officer (Mere agreement consummates the crime and delivery of consideration is not necessary) a. (should not be a crime) 4. That the offender is a public officer or officer of the law who has a duty to cause the prosecution of. with a view to committing some crime. damage is not necessary. Undertaking the defense of the opposing party in the same case. after having undertaken the defense of a client or having received confidential information from said client. conceals. Causing damage to client either a. This felony cannot be frustrated. a fiscal is under no compulsion to file an information based upon a complaint if he is convinced that the evidence before him is insufficient to warrant filing an action in court.

ANTI-GRAFT AND CORRUPT PRACTICES ACT R. or preference in the discharge of his official. advantage. or other pecuniary or material benefit. in any manner or capacity. Hence. 210. If the act required of the public officer amounts to a crime and he commits it. NOTE: Persuasion need not be successful. for himself or for another. It could be in the form of money. NO. NOTE: The act is mala prohibita. solicited by the public officer but the private person delivers it out of fear of the consequences should the public officer perform his functions (Here. Directly. This element is not necessary in prevaricacion. his money or property by force or intimidation. if the offer is not accepted. in consideration for the help given or to be given. any Government permit or license. share. (Justice Peralta) e. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. from any person for whom the public officer. The gravamen of the offense is the persuasion. both consisting of omissions to do an act required to be performed. ROBBERY (294) When the victim did not commit a crime and he is intimidated with arrest and/or prosecution to deprive him of his personal property. direct bribery. solicited by the public officer and voluntarily delivered by the private person 3. or benefit for himself or for any other person in connection with any contract or transaction between the government and any other party wherein the public officer in his official capacity has to intervene under the law. or influenced to commit such violation or offense. or allowing himself to be persuaded. In direct bribery however.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 2. However. Persuading. administrative or judicial function through manifest partiality. induced. the public official need not have even recommended the employment. including the Government. NOTE: If the act does not fall under b and c. An accepted offer or promise of a gift is sufficient. or will secure or obtain. Victim parts with his money Victim is deprived of or property voluntarily. property or services. Any public officer who shall perform any of the following acts: a. present. or giving any private party any unwarranted benefits. b. the crime by the giver is not corruption of public officials due to his involuntariness.) Actual receipt of the gift is not necessary. Directly or indirectly requesting or receiving any gift. The third type of bribery and prevaricacion (art 208) are similar offenses. he shall be liable for the penalty corresponding to the crime. a. 3019 . may apply.A. (Justice Peralta) d. Accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after its termination. has secured or obtained. This Page 112 of 174 BRIBERY (210) When the victim has committed a crime and gives money/gift to avoid arrest or prosecution. The gift must have a value or be capable of pecuniary estimation. The crime of bribery cannot be complexed with or absorbed by other crimes as the penalty for bribery is in addition to the penalties for those other crimes. Persons Liable: 1. Causing any undue injury to any party. or indirectly requesting or receiving any gift. present. then Art. evident bad faith or gross inexcusable negligence. only the person offering the gift is liable for attempted corruption of a public officer. percentage. a gift or promise is given in consideration of the omission. inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter.

k. 4. and which exercises discretion in such approval. Divulging valuable information of a confidential character. or releasing such information in advance of its authorized release date. or pecuniary advantage from any person having some business. who shall intervene. even if he votes against the same or does not participate in the action of the board. or having a material interest in any transaction or act requiring the approval of a board. or of a mere representative or dummy of one who is not so qualified or entitled. The defense is that the approving officer relied on the prior signatures of his subordinates and had no reason to suspect wrong-doing and was swamped with a lot of documents on that day that he signed. the public officer MUST divest his interest. for personal gain. Directly or indirectly having financial or pecuniary interest in any business. or Speaker of the House of Representatives. has been already dealing with Page 113 of 174 3. acquired by his office or by him on account of his official position to unauthorized persons. directly or indirectly. h. or benefit in favor of any person not qualified for or not legally entitled to such license. . In determining whether the contract was manifestly and grossly disadvantageous.A. 4) Spouse or any relative. g. application. on behalf of the Government. panel or group. whether or not the public officer profited or will profit thereby. 3019. after due demand or request. gift. NOTES: The best defense is that the partiality was not manifest. transaction. (Justice Peralta). privilege. or advantage. into any contract or transaction manifestly and grossly disadvantageous to the same. permit. Neglecting or refusing.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions. request. or group of which he is a member. 4) Any person who shall knowingly induce or cause any public official to commit any of the offenses under (A). That the partiality is manifest is a heavy burden on the prosecution. The defense applies in a case where the accused is an approving officer and is on trial for signing an unjust contract. Entering. 2. f. • Under the Code of Professional Conduct. it is not merely consideration of the pecuniary amount involved. Directly or indirectly becoming interested. Any person who. or in which he is prohibited by the constitution or by any law from having any interest. There is no attempted or frustrated stage of the crime defined in Sec. the President of the Senate. contract or transaction in connection with which he intervenes or take part in his official capacity. without sufficient justification. j. Knowingly approving or granting any license. from any person interested in the matter some pecuniary or material benefit or advantage. by consanguinity or rd civil degree. Any person having family or close personal relation with any public official who shall capitalize or exploit or take advantage of such family or close personal relation by directly or indirectly requesting or receiving any present. in any business transaction. (Justice QuickTime™ and a TIFF Peralta) (Uncompressed) decompressor are needed to see this picture. Another defense is the Arias doctrine. contract or application with the government (Sec. or material. to act within a reasonable time on any matter pending before him for the purpose of obtaining directly or indirectly. This prohibition shall not apply to: 1. within the 3 President of the Philippines. (Sec. 3(e) of R. the Vice-President. privilege. No. prior to the assumption of office of any of the above officials to whom he is related. or for the purpose of favoring his own interest or giving undue advantage in favor of or discriminating against any other interested party. permit. or contract with the government in which such public official has to intervene (Sec. 5). of the affinity. committee. panel. i.

NOTES: No public officer shall be allowed to resign or retire pending an investigation Suspension while pending in court after valid information (cannot be automatic). or rules or regulations issued pursuant to law. whether in his name or in the name of other persons. Any application filed by him. There must be clear intention on the part of the public officer to take the gift offered and consider the property as his own for that moment. 211: INDIRECT BRIBERY Elements: 1. 4. detailed and sworn statement of assets and liabilities within 30 days after assuming office and th thereafter on or before the 15 day of April following the close of every calendar year. maximum duration of preventive suspension is 90 days. Any public officer who shall fail to file a true. 14). contract or application already existing or pending at the time of such assumption of public office. 10). That the said gifts are offered to him by reason of his office. who shall acquire or receive any personal pecuniary interest in any specific business enterprise which shall be directly and particularly favored or benefited by any law or resolution authored by him previously approved or adopted by Congress during his term. General Rule: Prescriptive period is 15 years (Sec. That he accepts gifts. an amount of property and/or money manifestly out of proportion to his salary and to his other lawful income. Any act lawfully performed in an official capacity or in the exercise of a profession. circumstance or act to show such acceptance is not sufficient to convict the officer. Mere physical receipt unaccompanied by any other sign. ART. If a public official has been found to have acquired during his incumbency. acquisition through legitimate means cannot be satisfactorily shown. 2. 7). Prima Facie Evidence of and Dismissal Due to QuickTime™ and a TIFF (Sec. NOTES: The gift is given in anticipation of future favor from the public officer. or upon his resignation or separation from office (Sec. Any member of Congress. That the offender is a public officer. when their Page 114 of 174 .Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 the government along the same line of business. the approval of which is not discretionary on the part of the official(s) concerned but depends upon compliance with requisites provided by law. and 3. 2. during the term for which he has been elected. Any transaction. acquittal reinstatement and salaries and benefits which he failed to receive The courts are not bound by the statement of assets and liabilities filed. 2. Penalty of forfeiture can be applied retroactively. 3. as well as upon the expiration of his term of office. Properties in the name of the spouse and dependents of such public official may be taken into consideration. and loss of benefits if convicted by final judgment. NOTE: Competent court is the Sandiganbayan (Sec. 11). 6. 8) decompressor Unexplained Wealth (Uncompressed) this picture. are needed to see 1. Exceptions: Unsolicited gifts or presents of small or insignificant value offered or given as a mere ordinary token of gratitude of friendship according to local customs or usage. Any public officer who recommended the initiation in Congress of the enactment or adoption of any law or resolution and acquires or receives such interest during his incumbency. Bank deposits in the name of or manifestly excessive expenditures incurred by the public official. who. continues for 30 days after such approval to retain such interest. 3. 7. having such interest prior to the approval of such law or resolution authored or recommended by him. shall be excepted from the provisions of this act (Sec. 5. his spouse or any of their dependents including but not limited to activities in any club or association or any ostentatious display of wealth including frequent travel abroad of a non-official character by any public official when such activities entail expenses evidently out of proportion to legitimate income. • Unlawful for such member of Congress or other public officer.

That the accused had intent to defraud the government. The offender is the giver of the gift or the offeror of the promise. givers of bribes and other gifts as well as accomplices in bribery and other graft cases are immune from prosecution if they voluntarily give any information about any commission of direct. bribery. Bribery is usually proved by evidence acquired in entrapment Under PD 749. • • • are needed to see this picture. That he entered into an agreement with any interested party or speculator or made use of any other scheme with regard to (a) furnishing supplies (b) the making of contracts. and 4. That the offender is a public officer entrusted with law enforcement. ARTICLE 211-A. 3. including Christmas. molesting or in any way prejudicing the public officer denounced Direct bribery Officer agrees to perform or refrain from doing an act. Informant or witness has not been previously convicted of a crime involving moral turpitude 4. are liable under PD 46. That he should have taken advantage of his office. Page 115 of 174 . Chapter Three – FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS ARTICLE 213. Information and testimony are necessary for the conviction of the accused public officer. That the offender be a public officer. that is. The criminal penalty or imprisonment is distinct from the administrative penalty of suspension from the service. Indirect bribery Not necessary that the officer do an act. QUALIFIED BRIBERY ELEMENTS: 1. That the offender makes offers or promises or gives gifts or presents to a public officer. The information must refer to consummated violations of any of the above-mentioned provisions of law. or (c) the adjustment or settlement of account relating to a public property or funds. and 2. and qualified QuickTime™ and a TIFF (Uncompressed) decompressor ELEMENTS: 1. under circumstances that will make the public officer liable for direct bribery or indirect bribery. That he refrains from arresting/ prosecuting offender for crime punishable by reclusion perpetua and/or death (if lower penalty than stated above. In consideration of any offer. rules and regulations 2.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 There is no attempted or frustrated indirect bribery. • The felony is consummated by merely entering into an agreement with any interested party or speculator or by merely making use of any scheme to defraud the Government. Public officers receiving gifts and private persons giving gifts on any occasion. FRAUDS AGAINST THE PUBLIC TREASURY AND SIMILAR OFFENSES A. That the offers or promises are made or the gifts or presents given to a public officer. not in possession of the State. and can be corroborated on its material points 3. FRAUDS AGAINST PUBLIC TREASURY ARTICLE 212. direct bribery is the crime). 2. he intervened in the transaction in his official capacity. and any corruption of public officials. indirect. CORRUPTION OF PUBLIC OFFICIALS ELEMENTS: 1. 2. provided that: 1. promise or gift. Immunity shall not attach should the information and/or testimony is false and malicious or made only for the purpose of harassing. and 3. The act may or may not be accomplished.

That he becomes interested in the transaction during his incumbency. as provided by law. Officers and employees of the BIR or Customs are not covered by QuickTime™ and a but by the NIRC this article TIFF (Uncompressed) decompressor or the Administrative Code. 2. The essence is the improper collection and damage to the government is not required. ILLEGAL EXACTIONS ELEMENTS: 1. and Page 116 of 174 . fees and other imposts. directly or indirectly. 315 and 316. If sums are received without demanding the same. • Mere demand of a larger or different amount is sufficient to consummate the crime. collecting or receiving. POSSESSION OF PROHIBITED INTERESTS BY A PUBLIC OFFICER WHO ARE LIABLE: 1. failing voluntarily to issue a receipt. land. 3. arbitrators and private accountants who took part in any contract or transaction connected with the estate or property in the approval. and (2) malversation for misappropriating the amount collected. distribution or adjudication of which they had acted. PROHIBITED TRANSACTIONS ELEMENTS: 1. in any transaction of exchange or speculation. That the offender is an appointive public officer. a. 2. Appointive public officials should not devote himself to commerce ARTICLE 216. are needed to see this 3. and 4. the crime committed is estafa. Experts. or c. That he takes advantage of his official position. A tax collector who collected a sum larger than that authorized by law and spent all of them is guilty of two crimes. 3. regularly buying securities for resale is speculation. namely: (1) illegal exaction. This felony may be complexed with malversation. commodities. for demanding a greater amount. (estafa. the crime is indirect bribery. if the sum is given as a sort of gift or gratification. wherein one hopes to take advantage of an expected rise or fall in price for gain or profit and not merely as investment Purchasing of stocks or shares in a company is simple investment and not a violation of the article. or b. The offender is a public officer entrusted with the collection of taxes. However. • Examples of transactions of exchange or speculation are buying and selling stocks. Guardians and executors with respect to property belonging to their wards or the estate. However. demanding. That he is guilty of any of the following acts or omissions. things or objects of a nature different from that provided by law. Ex. That he becomes interested. OTHER FRAUDS ELEMENTS: 1. and 2. 214. Public officer who became interested in any contract or business in which it is his official duty to intervene. by way of payment or otherwise. swindling) • RTC has jurisdiction over the offense because the principal penalty is disqualification. directly or indirectly. a felony under this article is not committed. That the offender is a public officer. That he commits any of the frauds or deceits enumerated in art. A public officer who has the duty to collect taxes is directly accountable to the Government for money he collected since such money acquires the character of a public fund.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 B. 2. etc. licenses.picture. • Actual fraud is not necessary • Intervention must be by virtue of public office held • Act is punished because of the possibility that fraud may be committed or that the officer • • • • • • • ART. That the transaction takes place within the territory subject to his jurisdiction. ARTICLE 215. directly or indirectly the payment of sums different from or larger than those authorized by law. When there is deceit in demanding larger fees. for any sum of money collected by him officially.

• Constitutional prohibitions exist . (d). percentage. the right of the State to recover properties unlawfully acquired by public officers from them or from their nominees or transferees shall not be barred by prescription. laches or estoppel. SANDIGANBAYAN. PRESCRIPTION: 20 years. (Uncompressed) decompressor TIFF receiving or accepting. and/or business associates by any combination or series of the following means or similar schemes: A. B. 1.Congress: cannot personally appear as counsel. subordinates. (1).Constitutional Commission – cannot hold any other office.Executive – cannot hold any other office . gift. 1 par. nominees. PERSONS LIABLE: A. directly are needed to see this picture. shall be guilty of the crime of plunder (as amended by RA 7659). 2001 what is meant by “combination” and “series” of overt or criminal acts under the plunder law? When the plunder law speaks of “combination”. AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER RA 7080 DEFINITION OF ILL-GOTTEN WEALTH: Any asset. directly or indirectly. connection or influence to unjustly enrich himself or themselves at the expense and to the damage or prejudice of the Filipino people and the Republic of the Philippines. and/or implementation of decrees and orders intended to benefit particular persons or special interests. 148560. equity or any other form of interest or participation. On the other hand. 1. Any public officer who. (d).Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 may place his own interest above that of the Government or of the party which he represents. par. (3). conversion. QuickTime™ and a D. JURISDICTION: Sandiganbayan. accumulates. NOVEMBER 21. agencies or instrumentalities or government-owned or controlled corporations and their subsidiaries. or acquires ill-gotten wealth through a combination or series of overt or criminal acts as described under above in the aggregate amount or total value of at least 50 million pesos. (d). cannot be interested financially in any franchise or special privilege granted by government. par. By receiving. or indirectly. E. kickbacks or any other form of pecuniary benefit from any person and/or entity in connection with any government contract or project or by reason of the office or position of the public officer concerned. By taking undue advantage of official position. it shall not be necessary to prove each and every criminal act done by the accused in furtherance of the scheme and conspiracy to amass. property. Any person who participated with the said public officer in the commission of plunder. business associates and subordinates or other persons. Through misappropriation. ESTRADA VS. including the promise of future employment in any business enterprise or undertaking. it being sufficient to establish beyond reasonable doubt a pattern of overt or criminal acts indicative of the overall unlawful scheme or conspiracy. subpar. engage in practice of profession F. B. misuse or malversation of public funds or raids on the public treasury. by himself or in connivance with members of his family. amasses. to constitute a “series” there must be two (2) or more overt or criminal acts falling under the same category of enumeration found in Page 117 of 174 . cannot intervene in any matter before office of Goevrnment . and fraudulent conveyance of assets belonging to the national government under sec. relatives by affinity or consanguinity. relationship. business enterprise or material possession of any person acquired by him directly or indirectly through dummies. GR NO. By establishing agricultural. RULE OF EVIDENCE: For purposes of establishing the crime of plunder. C. By obtaining. accumulate or acquire ill-gotten wealth. share. By the illegal or fraudulent conveyance or disposition of assets belonging to the National Government or any of its subdivisions. industrial or commercial monopolies or other combinations. it is referring to at least two (2) acts falling under different categories of enumeration provided in sec. example: raids on the public treasury in sec. subpar. any shares of stock. However. agents. authority. any commission.

148560. approximating fraud or malice.R. the legislative declaration in r. (d). what is controlling is the nature of his office and not the designation . all of which falls under sec. A public officer who has qualified charge of gov’t property without authority to part with its physical possession upon order of an immediate superior cannot be held liable under this article. His being remiss in the duty of safekeeping public funds violates the trust reposed. his superior is the one accountable to the government Private individuals can also be held liable for malversation under 2 circumstances: 1. crime committed is theft or qualified theft). That he… • • . seized. any doubt as to whether the crime of plunder is malum in se must be deemed to have been resolved in the affirmative decision of congress in 1993 to include it among the heinous crimes punishable by reclusion perpetua to death. such funds or property partake nature of a public fund. In malversation through negligence. 7659 that plunder is a heinous offense implies that it is malum in se. the crime committed is estafa. MALVERSATION OF PUBLIC FUNDS OR PROPERTY ELEMENTS: 1. That he had the custody or control of funds or property (if not accountable for the funds. and 2. moreover. had the legislature intended a technical or distinctive meaning for “combination” and “series”. The measure of negligence to be observed is the standard of care commensurate with the occasion. verily. That the offender be a public officer (or private person if entrusted with public funds or if in connivance with public QuickTime™ and a officers). (1). deposited or commingled with public funds). • Joseph Ejercito Estrada vs. and 4. A qualified charge of properties does not qualify to possession contemplated in the crime of malversation where the possessor is only accountable to his immediate superior and not the government. they become public if attached. for when the acts punished are inherently immoral or inherently wrong. Malversation is otherwise called embezzlement. 2. provincial or municipal funds. In determining whether the offender is a public officer. Sandiganbayan. It is not necessary that the offender profited by his malversation. No.a. November 21.contemplates public officer who receives money or property from government for which he is bound to account. revenues or property in any capacity. If funds or property placed in custody of public officer. Appropriated the funds or property b. Public funds taken need not be misappropriated. it would have taken greater pains in specially providing for it in the law. malversation and raids on the public treasury. 2001 is the crime of plunder malum in se or malum prohibitum? Plunder is a crime of malum in se because the constitutive crimes are mala in se. TIFF (Uncompressed) decompressor are needed to see this picture. through abandonment or negligence. Government funds include revenue funds and trust funds. 3. Page 118 of 174 • • • • • • • Chapter Four – MALVERSATION OF PUBLIC FUNDS OR PROPERTY • ARTICLE 217. Consented or.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 sec. Took or misappropriated them c. That those funds or property were public funds or property (even if private funds. a. 1. It can be committed either with malice or through negligence or imprudence (penalty is the same). especially since in the case of plunder the predicate crimes are mainly mala in se. and they are accountable. say. par. (d). G. the elements of mens rea must be proven in a prosecution for plunder. misappropriation. Otherwise. the negligence of the accountable public officer must be positively and clearly shown to be inexcusable. permitted any other person to take such public funds or property. when they are in conspiracy with public officers. they are mala in se and it does not matter that such acts are punished in a special law. when they have charge of national. subpar. par. 1. must have authority to collect or receive The funds or property must be received in an official capacity.

whether in the service or separated therefrom. converting. That the offender is a public officer. • Demand and misappropriation are not necessary. it is simple malversation) . However. or denying having received money. That there is public fund or property under his administration. taking. shall be prima facie evidence that he has put such missing funds or property to personal use. GR 140549. goods or other personal property ELEMENTS: 1. FAILURE OF ACCOUNTABLE OFFICER TO RENDER ACCOUNT FAILURE OF ACCOUNTABLE OFFICER TO RENDER ACCOUNT Page 119 of 174 . and 3. Returning the embezzled funds is not an exempting circumstance but only mitigating. by any authorized officer. That the offender is a public officer. FAILURE OF A RESPONSIBLE PUBLIC OFFICER TO RENDER ACCOUNTS BEFORE LEAVING THE COUNTRY ELEMENTS: 1. That he must be an accountable officer for public funds or property. 7/22/03 TIFF (Uncompressed) decompressor are needed to see this picture. or misappropriating/consentin g. That he applies the same to a public use other than for which such fund or property has been appropriated by law or ordinance. 3. MALVERSATION (217) Funds or property usually public Offender is usually a public officer who is accountable for the public funds/property Crime is committed by appropriating. That he must have unlawfully left (or be on the point of leaving) the Philippines without securing from the Commission on Audit a certificate showing that his accounts have been finally settled. QuickTime™ and a People v. • ARTICLE 218. if at the very moment when the shortage is discovered. That he is required by law or regulation to render accounts to the Commission on Audit. ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY ELEMENTS OF TECHNICAL MALVERSATION: 1. • • ARTICLE 219. or to a provincial auditor. • • ARTICLE 220. lack of criminal intent or good faith is a defense. the offender does not derive any personal gain. There is also no malversation when the accountable officer is obliged to go out of his office and borrow the amount corresponding to the shortage and later. permitting any other person to take the public funds/property ESTAFA WITH ABUSE OF CONFIDENCE (315) Funds/property are always private Offender is a private individual or even a public officer who is not accountable for public funds/property Crime is committed by misappropriating. 3. or through abandonment or negligence. 2. A person whose negligence made possible the commission of malversation by another can be held liable as a principal by indispensable cooperation. the presumption does not arise.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 • • When malversation is not committed through negligence. The failure of a public officer to have any duly forthcoming public funds or property upon demand. Demand by or damage to the government are not necessary elements of the crime of malversation. the accountable officer is notified. Hipol. the missing amount is found in an unaccustomed place. That such public fund or property has been appropriated by law or ordinance (without this. • The act of leaving the Philippines must be unauthorized or not permitted by law. What is essential is that appellant had custody or control of public funds by reason of the duties of his office. 2. Absence of damage is only a mitigating circumstance. and 4. the funds are merely devoted to some other public use. and 4. in illegal use of public funds or property. • To distinguish this article with Art 217 (malversation). That the offender is a public officer. That he fails to do so for a period of two months after such accounts should be rendered. The fact that the obligation to deposit the collections of the City Treasurer's Office is not covered by appellant's official job description is of no legal consequence in a prosecution for Malversation. and he immediately pays the amount from his pocket. 2. That he must be an accountable officer for public funds or property.

and 3. 3. That he was in connivance with the prisoner in the latter’s escape. Neither is mere leniency or laxity in the performance of duty constitutes of infidelity. • Page 120 of 174 . he is already a detention prisoner even if he is not yet incarcerated. ARTICLE 222. Private individual who. • ARTICLE 224. From that time on. That he is charged with the conveyance or custody of a prisoner. 217 TO 221: 1. provincial or municipal funds. That he maliciously fails or refuses to do so. That the offender is a public officer. impounded or placed in deposit by public authority) Private property is included if it is attached. There is real and actual evasion of service of sentence when the custodian permits the prisoner to obtain a relaxation of his imprisonment. That such prisoner escapes through his negligence.(Appointed(Uncompressed) decompressor to administer estate of TIFF are needed to see this picture. CONNIVING WITH OR CONSENTING TO EVASION ELEMENTS: 1. revenue. seized or deposited by public authority. EVASION THROUGH NEGLIGENCE ELEMENTS: 1. FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS OR PROPERTY ACTS PUNISHED: 1. That such prisoner escaped from his custody. deceased and not in charge of property attached. either detention prisoner or prisoner by final judgment. 2. That the offender is a public officer (on duty). make payment from such funds. • Chapter Five – INFIDELITY OF PUBLIC OFFICERS ARTICLE 223. Example: a withholding tax agent 2. and 3. and 4.A person becomes a detention prisoner from the moment he is booked. That the public officer has gov’t. By failing to make payment by a public officer who is under obligation to make such payment from Government funds in his possession 2. funds or property in his possession. OFFICERS INCLUDED IN THE PRECEDING PROVISIONS PERSONS LIABLE UNDER ART. 2. That he is under obligation to either: a. seized or deposited by public authority. By refusing to make delivery by a public officer who has been ordered by competent authority to deliver any property in his custody or under his administration (must be malicious) ELEMENTS: 1. have charge of any national. or property. to deliver property in his custody or administration when ordered by competent authority. or b. • • Sheriffs and receivers fall under the term “administrator” Judicial administrator not covered by this QuickTime™ and a article. in any capacity. 2.” (ApostThe ol) The release of a detention prisoner who could not be delivered to judicial authorities within the time fixed by law is not infidelity in the custody of a prisoner. • DETENTION PRISONER . • Penalty is based on value of funds/property to be delivered. That he is charged with the conveyance or custody of a prisoner. even if owned by a private individual.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ARTICLE 221. Administrator or depositary of funds or property that has been attached. either detention prisoner or prisoner by final judgment. NOTES: • The article punishes a definite laxity which amounts to deliberate non-performance of a duty. This refers to the accomplishment of the booking sheet and made to fill a form (sic) where he is finger printed.

and 4. periodicals.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 • The fact that the public officer recaptured the prisoner who had escaped from his custody does not afford him complete exculpation. if he is a detention prisoner. • The damage may either be great or small. • Delivering the document to the wrong party is infidelity in the custody thereof. 2. Damage or intent to cause damage is not necessary. or that the escape takes place through his negligence. Page 121 of 174 ARTICLE 226. The liability of an escaping prisoner: a. 2. That the prisoner or person under arrest escapes. or c. That the offender is a private person. • • ARTICLE 225. • This article is not applicable if a private person made the arrest and he consented to the escape of the person he arrested. It is immaterial whether or not the illicit purpose of the offender has been accomplished. destroys or conceals a QuickTime™ and a document or papers. That the offender be a public officer. 3. ESCAPE OF PRISONER UNDER THE CUSTODY OF A PERSON NOT A PUBLIC OFFICER ELEMENTS: 1. CONCEALMENT. ARTICLE 227. promissory notes and paper money. and 4. damage is presumed. whether serious or not. to a third party or to the public interest should have been caused. if he is a prisoner by final judgment. pamphlets. • Books. That these papers or property are sealed by proper authority. he is liable for evasion of service (art 157) b. The negligent public officer suffers the same penalty regardless of whether the prisoner is a convict or merely a detention prisoner. are not documents. 3. OR DESTRUCTION OF DOCUMENTS ELEMENTS OF INFIDELITY IN CUSTODY OF DOCUMENTS: 1. • • It is the breaking of the seals and not the opening of a closed envelope which is punished. to profit by it. etc. OPENING OF CLOSED DOCUMENTS ELEMENTS: 1. That he abstracts. . he does not incur criminal liability (unless cooperating with the offender). tamper with it. • The offender must be in custody of such documents because of his official capacity. That he is charged with the custody of papers or property. REMOVAL. There is illicit purpose when the intention of the offender is to: a. • Removal of a document or paper must be for an illicit purpose. NOTES: • The document must be complete and one by which a right could be established or an obligation could be extinguished. and 4. to commit any act constituting a breach of trust in the official care thereof. That the conveyance or custody of a prisoner or person under arrest is confided to him. b. • Infidelity in the custody of documents through destruction or concealment does not require proof of an illicit purpose. That the said document or paper should have been entrusted to such public officer by reason of his office. • Removal is consummated upon removal or secreting away of the document from its usual place. 2. • “Papers” would include checks. That the offender consents to the escape of the prisoner or person under arrest. OFFICER BREAKING SEAL ELEMENTS: 1. That the offender is a public officer. ARTICLE 228. That he breaks the seals or permits them to be broken. decompressor TIFF (Uncompressed) are needed to see this picture. • A post office official who retained the mail without forwarding the letters to their destination is guilty of infidelity in the custody of papers. 3. That the offender is a public officer. That damage.

2. That the offender is a public officer. and 4. Damage is essential to the act committed. their removal for an illicit purpose is infidelity in the custody of documents. or objects are entrusted to his custody. documents. CHARGE means custody or control. 3. ELEMENTS: 1. On the other hand. That the offender is a public officer. 3. That he knows of a secret by reason of his official capacity. That he has for any reason suspended the execution of such order. ARTICLE 230. That he has charge of papers. Article 229. That the offender is a judicial or executive officer. and 4. decision or order was made within the scope of the jurisdiction of the superior authority and issued with all the legal formalities. 2. ELEMENTS: 1. Chapter Six . 1 (SECRETS KNOWN BY REASON OF HIS OFFICIAL CAPACITY): 1. Secret must affect public interest. 5. If the papers contain secrets which should QuickTime™ and a TIFF (Uncompressed) decompressor not be published. Revelation to one person is sufficient. he is properly liable under Art. Damage is not necessary. OPEN DISOBEDIENCE. Page 122 of 174 . That he opens or permits to be opened said closed papers. That he knows of the secret of a private individual by reason of his office. the crime is revelation of secrets. ELEMENTS OF PAR. If regarding military secrets or secrets affecting state security. ELEMENTS OF PAR. 4. That he reveals such secrets without authority or justifiable reason. and the public officer are needed to see this picture. That damage be caused to public interest. ELEMENTS: 1. That the delivery is wrongful. and 4. That an order is issued by his superior for execution. 2. if the papers do not contain secrets. DISOBEDIENCE TO ORDER OF SUPERIOR OFFICER. That the offender is a public officer. Secrets of a private individual is not included. If he is merely entrusted with the papers and not with the custody thereof. If the offender is an attorney. Damage to private individual is not necessary. having charge thereof removes and delivers them wrongfully to a third person. PUBLIC OFFICER REVEALING SECRETS OF PRIVATE INDIVIDUAL. That there is a judgment. That those papers should not be published. 209 (betrayal of trust by an attorney). the crime may be espionage. 3. That he reveals such secret without authority or justifiable reasons. That the offender without any legal justification openly refuses to execute the said judgment.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 2. Judgment should have been rendered in a hearing and issued within proper jurisdiction and with all required legal solemnities. WHEN SAID ORDER WAS SUSPENDED BY INFERIOR OFFICER. he is not liable under this article. That the offender is a public officer. and 6. great or small. documents or objects. Revelation of secrets by an officer. 2 (WRONGFULLY DELIVERING PAPERS OR COPIES OF PAPERS OF WHICH HE MAY HAVE CHARGE AND WHICH SHOULD NOT BE PUBLISHED): 1. That he delivers those papers or copies thereof to a third person. 3. Espionage for the benefit of another State is not contemplated by the article. and 3. ARTICLE 232. be caused to the public interest. decision or order of superior authority.OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS ARTICLE 231. That damage. 2. That he does not have proper authority. That such judgment. 3. 2. That any closed papers. decision or under which he is duty bound to obey.

2. A public officer is not liable if the order of the superior is illegal. 3. and 3. That the law requires that he should first be sworn in and/or should first give a bond. by inflicting such punishments (those authorized) in a cruel and humiliating manner. and ARTICLE 237. That the offender is entitled to hold a public office or employment. Maltreatment not due to personal grudge. 3. by maltreating such prisoner to extort a confession or to obtain some information from the prisoner. That he refuses to be sworn in or discharge the duties of said office. Damage to the public interest or third party is essential. and 4. That the offender is a public officer. That there is no legal motive for such refusal to be sworn in or to discharge the duties of said office. That the offender fails to do so maliciously. This felony involves a request from one public officer to another. 3. 2. ARTICLE 235. That the offender is holding a public office. That the offender is elected by popular election to a public office. PROLONGING PERFORMANCE OF DUTIES AND POWERS.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 4. by overdoing himself in the correction or handling of a prisoner or detention prisoner under his charge either – i. That he has charge of a prisoner or detention prisoner (otherwise the crime is physical injuries). refusal to be sworn in or to discharge duties of the office is justified. ELEMENTS: 1. That the offender is a public officer or employee. 2. either by election or appointment. or ii. QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. That his superior disapproves the suspension of the execution of the order. or b. ELEMENTS: 1. That he maltreats such prisoner in either of the following manners: a. REFUSAL TO DISCHARGE ELECTIVE OFFICE. by the imposition of punishments not authorized by the regulations. Refusal to discharge the duties of appointive office is not covered by article. Page 123 of 174 . The public officer must have actual charge of the prisoner in order to be held liable (not merely by legal fiction) 1. If the elected person is disqualified. That the offender disobeys his superior despite the disapproval of the suspension. That he assumes the performance of the duties and powers of such office. and 5. REFUSAL OF ASSISTANCE. Demand must be from competent authority ARTICLE 234. That a competent authority demands from the offender that he lend his cooperation towards the administration of justice or other public service. 2. 2. MALTREATMENT OF PRISONERS. Offended party: Convict by final judgment or detention prisoner To be considered a detention prisoner. ARTICLE 236. ANTICIPATION OF DUTIES OF A PUBLIC OFFICE. Demand is necessary. Offender may also be held liable for physical injuries or damage caused. his the an this ELEMENTS: 1. the person arrested must be placed in jail even for just a short time. ELEMENTS: 1. That he has not taken his oath of office and/or given the bond required by law. ELEMENTS: 1. (Penalty provided in Article 235 is imposed in addition to penalty for injury or damage caused) ARTICLE 233.

separated. declared over-aged or dismissed QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. That the period provided by law. and 3. The article contemplates officers who have been suspended. regulations or special provisions for holding such office has already expired. Page 124 of 174 .Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 2. That he continues to exercise the duties and powers of such office.