BOOK ONE

CRIMINAL LAW - branch of public substantive law which defines crimes, treats of their nature and provides for their punishment. CHARACTERISTICS OF CRIMINAL LAW 1. GENERAL - it is binding on all persons who live or sojourn in the Philippine territory (Art. 14, NCC) EXCEPTIONS: a) Treaty stipulations b) Laws of preferential application c) Principles of Public International Law. The following persons are exempted: a. Sovereigns and other chief of state b. Ambassadors,ministers, plenipotentiary, minister resident and charges daffaires. Consuls, vice-consuls and other commercial representatives of foreign nation cannot claim the privileges and immunities accorded to ambassadors and ministers. c) Introduction into the country of the above-mentioned obligations and securities. d) While being public officers or employees should commit an offense in the exercise of their functions. e) Should commit any of the crimes against national security and the law of nations defined in Title One of Book Two. EXCEPTION TO THE EXCEPTION: Penal laws not applicable within or without Philippine territory if so provided in treaties and laws of preferential application. (Art.2, RPC) 3. PROSPECTIVE GENERAL RULE: Penal laws cannot make an act punishable in a manner in which it was not punishable when committed. EXCEPTION: (it may be applied retroactively) When the new 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 actions. b) Offender is a habitual criminal. LIMITATIONS ON THE POWER OF CONGRESS TO ENACT PENAL LAWS: 1. No ex post facto law or bill of attainder shall be enacted. (Art.III, Sec. 22) Ex post facto law a law that would make a previous act criminal although it was not so at the time it was committed. - This theory endeavored to establish a mechanical and direct proportion between crime and penalty and there is scant regard to the human element. 2. No person shall be held to answer for a criminal offense without due process of law. (Art. III, Sec. 14[1]) - criminal laws must be of general application and must clearly define the acts and omissions punished as crimes THEORIES IN CRIMINAL LAW 1. Classical Theory - basis of criminal liability is human free will and the purpose of the penalty is retribution RPC is generally governed by this theory.

2. TERRITORIAL GENERAL RULE: Penal laws of the Philippines are enforceable only within its territory. EXCEPTIONS: (Art. 2, RPC) i.e., enforceable even outside Philippine territory. 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 securities issued by the Government. Bill of attainder a legislative act that inflicts punishment without trial, its essence being the substitution of legislative fiat for a judicial determination of guilt.

2. Positivist Theory basis of criminal liability is the sum of the social, natural and economic phenomena to which the actor is exposed wherein prevention and correction is the purpose of penalty. This theory is exemplified in the provisions regarding impossible crimes and habitual delinquency.

 3. Eclectic or Mixed Theory combination of positivist and classical thinking wherein crimes that are economic and social in nature should be dealt in a positive manner, thus, the law is more compassionate. PRELIMINARY TITLE ART. 2 APPLICATION OF ITS PROVISIONS RULES ON VESSELS: 1. Philippine vessel or aircraft Must be understood as that which is registered in the Philippine Bureau of Customs. 2. In Foreign Merchant Vessels FRENCH RULE: GENERAL RULE: Crimes committed aboard vessel within the territorial waters of a country are not triable in the courts of said country. EXCEPTION: When their commission affects the peace and security of the territory or when the safety of the state is endangered. ENGLISH RULE: Crimes committed aboard a vessel within the territorial waters of a country are triable in the courts of such country. EXCEPTION: When the crimes merely affect things within the vessel or when they only refer to the internal management thereof. In the Philippines, we follow the English Rule. b) Intelligence c) Negligence and Imprudence REASON FOR PUNISHING ACTS OF NEGLIGENCE: A man must use common sense and exercise due reflection in all his acts; it is his duty to be cautious, careful and prudent.

In the case of a foreign warship, the same is not subject to territorial laws for they are always reputed to be an extension of the territory of the country to which they belong.

TITLE ONE: FELONIES CIRCUMSTANCES WHICH CRIMINAL LIABILITY Chapter One: Felonies (Arts. 3-10) ART. 3 FELONIES

AND AFFECT

FELONIES are acts or omissions punishable by the RPC. ELEMENTS OF FELONIES (GENERAL): There must be an act or omission i.e., there must be external acts. The act or omission must be punishable by the RPC. The act is performed or the omission incurred by means of dolo or culpa. CLASSIFICATION OF FELONIES ACCORDING TO THE MEANS BY WHICH THEY ARE COMMITTED: 1. Intentional Felonies the act is performed or the omission is incurred with deliberate intent or malice to do an injury. Requisites of DOLO or MALICE: a) Freedom b) Intelligence c) Criminal Intent 2. Culpable Felonies - performed without malice. Requisites of CULPA: a) Freedom
3. Has intention cause an injury to 3. Wrongful act results from imprudence, negligence, lack of foresight or lack of skill

Intentional Felony vs. Culpable Felony INTENTIONAL

1. Act is malicious 2. With intent deliberate

CULPABLE
1. Not malicious 2. Injury caused is unintentional being incident of another act performed without malice

Mistake of Fact is a misapprehension of fact on the part of the person causing injury to another. Such person is not criminally liable as he acted without criminal intent. - A mistake of fact destroys the presumption of criminal intent which arises upon the commission of a felonious act. Requisites of mistake of fact as a defense: 1. That the act done would have been lawful had the facts been as the accused believed them to be.

2. That the intention of the accused in performing the act should be lawful. 3. That the mistake must be without fault or carelessness on the part of the accused. MALA PROHIBITA (the third class of crimes) punishable by SPECIAL LAWS and where criminal intent is not, as a rule, necessary, it being sufficient that the offender has the intent to perpetrate the act prohibited by the special law.

tion

7. As to what laws are violated

degree of participation of each in the commission of the crime is taken into account. Violation of the RPC (General rule)

taken into account. All who participated in the act are punished to the same extent. Violation of Special Laws (General rule)

Intent distinguished from Motive INTENT MOTIVE 1. Is the reason which impels one to commit an act for a definite result 2. Is NOT an element of the crime 1. Is the purpose to use a particular means to effect such result 2. Is an element of the crime, except in unintentional felonies (culpable) 3. Is essential in intentional felonies

MALA IN SE vs. MALA PROHIBITA MALA IN SE

1.As nature to Wrong from its very nature Good faith is a valid defense; unless the crime is the result of culpa. Intent is an element

MALA PROHIBITA
Wrong because it is prohibited by law Good faith is not a defense.

2. As to use of good faith as a defense 3. As to use of intent as an element 4. As to degree of accomplishment of the crime 5. As to mitigating and aggravating circumstances 6. As to degree of participa-

Criminal intent is immaterial

3. Is essential only when the identity of the perpetrator is in doubt

The degree of accomplishmen t of the crime is taken into account in punishing the offender. Mitigating and aggravating circumstances are taken into account in imposing the penalty. When there is more than one offender, the

The act gives rise to a crime only when it is consummated.

Mitigating and aggravating circumstances are generally not taken into account. Degree of participation is generally not

MOTIVE, WHEN RELEVANT. 1. When there is doubt as to the identity of the assailant; 2. In ascertaining the truth between two antagonistic theories or versions of the killing; 3. Where the identification of the accused proceeds from an unreliable source and the testimony is inconclusive and not free from doubt; 4. Where there are no eyewitnesses to the crime, and where suspicion is likely to fall upon a number of persons; 5. If the evidence is merely circumstantial;

ART. 4 CRIMINAL LIABILITY PAR. 1 - Criminal Liability for a felony different from that intended to be committed RATIONALE: He who is the cause of the cause is the cause of the evil caused. REQUISITES: 1. That an intentional felony has been committed. 2. That the wrong done to the aggrieved party be the direct, natural and logical consequence of the felony committed.

PROXIMATE CAUSE that 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. Thus, the person is still criminally liable in: 1. Error in personae- mistake in the identity of the victim. 2. Abberatio ictus mistake in the blow. 3. Praeter intentionem injurious result is greater than that intended. PAR. 2 (Impossible Crime) REQUISITES:

1. That the act performed would be an offense against persons or property. 2. That the act was done with evil intent. 3. That its accomplishment is inherently impossible, or that the means employed is either inadequate or ineffectual. 4. That the act performed should not constitute a violation of another provision of the RPC. PURPOSE OF PUNISHING IMPOSSIBLE CRIMES: To suppress criminal propensity or criminal tendencies. NOTE: Felony against persons or property should not be actually committed, for otherwise, he would be liable for that felony; there would be no impossible crime to speak of. ART. 6 CONSUMMATED, FRUSTRATED & ATTEMPTED FELONIES STAGES OF EXECUTION: 1. CONSUMMATED FELONY When all the elements necessary for its execution and accomplishment are present. 2. FRUSTRATED FELONY ELEMENTS: a) The offender performs all the acts of execution. b) All the acts performed would produce the felony as a consequence. c) But the felony is not produced. d) By the reason of causes independent of the will of the perpetrator. WHAT CRIMES DO NOT ADMIT OF FRUSTRATED STAGE? They are those which, by the definition of a frustrated felony, the offender cannot possibly perform all the acts of execution to bring the desired result without consummating the offense. INDETERMINATE OFFENSE: One where the purpose of the offender in performing an act is not certain. The accused may be convicted for a felony defined by the acts performed by him up to the time of desistance. DESISTANCE - is an absolutory cause which negates criminal liability because the law encourages a person to desist from committing a crime. KINDS OF DESISTANCE: 1. Legal desistance the desistance referred to in law which would obviate criminal liability unless the overt or preparatory act already

Examples: 1. Rape, since the gravamen of the offense is carnal knowledge, hence, no matter how slight the penetration, the felony is consummated. 2. Indirect Bribery, because it is committed by accepting gifts offered to the public officer by reason of his office. If he does not accept, he does not commit the crime. If he accepts, it is consummated. 3. Corruption of Public Officers, because the offense requires the concurrence of the will of both parties, such as that when the offer is accepted, the offense is consummated. But when the offer is rejected, the offense is merely attempted. 4. Adultery because the essence of the crime is sexual congress 5. Physical Injury since it cannot be determined whether the injury will be slight, less serious, or serious unless and until consummated. 3. ATTEMPTED FELONY ELEMENTS: a) The offender commences the commission of the felony directly by overt acts; b) He does not perform all the acts of execution which should produce the felony; c) The non-performance of all acts of execution was due to a cause or accident other than the offenders own spontaneous desistance. OVERT ACTS Some physical activity or deed, indicating intention to commit a particular crime, more than a mere planning or preparation, which if carried to its complete termination following its natural course, without being frustrated by external obstacles, nor by voluntary desistance of the perpetrator will logically ripen into a concrete offense. committed in themselves constitute a felony other than what the actor intended. The desistance is made during the attempted stage. 2. Factual desistance actual desistance of the actor which is made after the attempted stage of the crime; the actor is still liable for the attempt. 2 STAGES IN THE DEVELOPMENT OF A CRIME: 1. Internal acts Such as mere ideas in the mind of person.

Not punishable.

2. External acts cover: a) Preparatory acts - ordinarily not punished except when considered by law as independent crimes (e.g. Art. 304, Possession of picklocks and similar tools). b) Acts of Execution - punishable under the RPC. Attempted stage marks the commencement of the subjective phase. Subjective Phase that portion of the acts constituting the crime included between the act which begins the commission of the crime and the last act performed by the offender which, with the prior acts, should result in the consummated crime. period occupied by the acts of the offender over which he has control that period between the point where he begins the point where he voluntarily desists. If between those two points the offender is stopped by reason of any cause outside of his own voluntary desistance, the subjective phase has not been passed and it is an attempt If he is not so stopped but continues until he performs the last act, it is frustrated Frustrated stage the end thereof and the start of the objective phase Objective Phase is the result of the acts of the execution, that is, the accomplishment of the crime. GENERAL RULE: Mere conspiracy or proposal to commit a felony is not punishable since they are only preparatory acts. EXCEPTION: in cases in which the law specially provides a penalty therefore. RPC SPECIALLY PROVIDES PENALTY FOR MERE CONSPIRACY IN TREASON, REBELLION, INSURRECTION, COUP D ETAT, SEDITION, AND MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE. (TRICSM)

If the subjective and objective phases are present, there is a consummated felony. The spontaneous desistance of the accused is exculpatory only (a) if made during the attempted stage, and (b) provided that the acts already committed do not constitute any offense.

ART. 7 LIGHT FELONIES Light Felonies are punishable only when they have been consummated EXCEPT: If committed against persons or property, punishable even if attempted or frustrated. The exception with regard to crimes against persons is actually unnecessary as the only light felony against persons is slight physical injuries which in the first place cannot but be consummated. The exception can apply however to attempted or frustrated light felonies against property BUT only principal and accomplices are criminally liable while accessories are exempt.

ART. 8 CONSPIRACY AND PROPOSAL TO COMMIT FELONY REQUISITES OF CONSPIRACY: 1. That 2 or more persons came to an agreement. 2. That the agreement pertains to the commission of a felony. 3. That the execution of the felony was decided upon. Conspiracy as a felony, distinguished from conspiracy as a manner of incurring criminal liability. As a felony, conspirators should not actually commit treason, rebellion, etc., it being sufficient that two or more persons agree and decide to commit it. As a manner of incurring criminal liability, if they commit it, say, treason, they will be held liable for treason, and the conspiracy which they had before committing treason is only a manner of incurring criminal liability not a separate offense.

GENERAL RULE: When conspiracy is established, all who participated therein, irrespective of the quantity or quality of his participation is liable equally, whether conspiracy is pre-planned or instantaneous. EXCEPTION: Unless one or some of the conspirators committed some other crime which is not part of the intended crime. EXCEPTION TO THE EXCEPTION: When the act constitutes a single indivisible offense. DOCTRINE OF IMPLIED CONSPIRACY Conspiracy may be inferred if it is proven that two or more persons aimed their acts towards the accomplishment of the same unlawful object, each doing a part so that their acts although apparently independent were in fact connected and cooperative, thus indicating a closeness of personal association and a concurrence of sentiment. REQUISITES OF PROPOSAL: 1. That a person has decided to commit a felony; and 2. That he proposes its execution to some other person or persons. RPC SPECIALLY PROVIDES PENALTY FOR MERE PROPOSAL IN TREASON, REBELLION, INSURRECTION, AND COUP D ETAT. (TRIC) ART. 9 CLASSIFICATION OF FELONIES ACCORDING TO GRAVITY Importance of Classification 1. To determine whether these felonies can be complexed or not. 2. To determine the prescription of the crime and the prescription of the penalty. Grave felonies are those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive, in accordance with Art. 25 of the Code. is free from both criminal and civil liability. There is no civil liability, except in par. 4 of Art. 11, where the civil liability is borne by the persons benefited by the act. 1. SELF-DEFENSE Rights included in self-defense: Self-defense includes not only the defense of the person or body of the one assaulted but also that of his rights, the enjoyment of which is protected by law. Thus, it includes: 1. The right to honor. Hence, a slap on the face is considered as unlawful aggression

Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional, in accordance with Art. 25 of the Code. Light felonies are those infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding 200 pesos, or both, is provided.

ART. 10 OFFENSES NOT SUBJECT TO THE PROVISIONS OF THE RPC GENERAL RULE: RPC provisions are supplementary to special laws. EXCEPTIONS: 1. Where the special law provides otherwise; and 2. When the provisions of the RPC are impossible of application, either by express provision or by necessary implication. Thus, when the special law adopts the penalties imposed in the RPC, such as reclusin perpetua or reclusin temporal, the provisions of the RPC on imposition of penalties based on stage of execution, degree of participation, and attendance of mitigating and aggravating circumstances may be applied by necessary implication.

Chapter Two: Justifying Circumstances and Circumstances Which Exempt from Criminal Liability (Arts. 11-12) ART. 11. JUSTIFYING CIRCUMSTANCES JUSTIFYING CIRCUMSTANCES are those where the act of a person is said to be in accordance with law, so that such person is deemed not to have transgressed the law and since the face represents a person and his dignity. It is a serious personal attack; a physical assault, coupled with a willful disgrace; and it may, therefore, be frequently regarded as placing in real danger a persons dignity, rights and safety. (Rugas vs. People, GR No. 147789, Jan. 14, 2004) 2. The defense of property rights can be invoked if there is an attack upon the property although it is not coupled with an attack upon the person of the owner of the premises. All the elements for justification

must however be present. (People vs Narvaez, 121 SCRA 389). Stand ground when in the right - the law does not require a person to retreat when his assailant is rapidly advancing upon him with a deadly weapon. REASON: He runs the risk of being attacked in the back by the aggressor. REQUISITES: 1. Unlawful aggression (condition sine qua non); 2. Reasonable necessity of the means employed to prevent or repel it; and 3. Lack of sufficient provocation on the part of the person defending himself. UNLAWFUL AGGRESSION - is equivalent to an actual physical assault or, at least - threatened assault of an immediate and imminent kind which is offensive and positively strong, showing the wrongful intent to cause injury. TEST OF REASONABLENESS The means employed depends upon the (1) nature and quality of the weapon used by the aggressor, (2) his physical condition, character, size and other circumstances, (3) and those of the person defending himself, (4) and also the place and occasion of the assault. Perfect equality between the weapons used by the one defending himself and that of the aggressor is not required, neither is the material commensurability between the means of attack and defense. REASON: Because the person assaulted does not have sufficient tranquility of mind to think and to calculate.

Syndrome do not incur any criminal or civil liability notwithstanding the absence of any of the elements for justifying circumstances of self-defense under the RPC. (Sec. 26, R.A. No. 9262) The law provides for an additional justifying circumstance. Battered Woman Syndrome refers to a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse. FOUR CHARACTERISTICS OF THE SYNDROME: 1. the woman believes that the violence was her fault; 2. she has an inability to place the responsibility for the violence elsewhere; 3. she fears for her life and/or her childrens life; and 4. she has an irrational belief that the abuser is omnipresent and omniscent. Battery refers to any act of inflicting physical harm upon the woman or her child resulting to physical and psychological or emotional distress. RETALIATION
Inceptual unlawful aggression had already ceased when the accused attacked him.

SELF-DEFENSE
Unlawful aggression was still existing when the aggressor was injured by the person making the defense

Under Republic Act 9262, known as the AntiViolence against Women and their Children Act of 2004: Victim-survivors who are found by the courts to be suffering from Battered Woman RELATIVES THAT CAN BE DEFENDED: 1. Spouse 2. Ascendants 3. Descendants 4. Legitimate, natural or adopted brothers and sisters, or relatives by affinity in the same degrees. 5. Relatives by consanguinity within the fourth civil degree. 3. DEFENSE OF STRANGER REQUISITES: a) Unlawful Aggression;

2. DEFENSE OF RELATIVES REQUISITES: a) Unlawful Aggression; b) Reasonable necessity of the means employed to prevent or repel it; and c) In case the provocation was given by the person attacked, the one making the defense had no part therein.

b) Reasonable necessity of the means employed to prevent or repel it; and c) The person defending was not induced by revenge, resentment or other evil motive. 4. AVOIDANCE OF GREATER EVIL OR INJURY REQUISITES: a) That the evil sought to be avoided actually exists; b) That the injury feared be greater than that done to avoid it; and

c) There be no other practical and less harmful means of preventing it. No civil liability except when there is another person benefited in which case the latter is the one liable. Greater evil must not be brought about by the negligence or imprudence or violation of law by the actor.

intelligence, freedom of action, or intent, or on the absence of negligence on the part of the accused. JUSTIFYING CIRCUMSTANCE
1. It affects the act not the actor. 2. The act is considered to have been done within the bounds of law; hence, legitimate and lawful in the eyes of the law. 3. Since the act is considered lawful, there is no crime.

EXEMPTING CIRCUMSTANCE
1. It affects the actor not the act. 2. The act complained of is actually wrongful, but the actor is not liable.

5. FULFILLMENT OF DUTY; OR LAWFUL EXERCISE OF RIGHT OR OFFICE REQUISITES: a) That the accused acted in the performance of a duty or in the lawful exercise of a right or office; b) That the injury caused or the offense committed be the necessary consequence of the due performance of duty or the lawful exercise of such right or office. Doctrine of SELF-HELP under Art. 429 of the Civil Code is applicable under this paragraph. The article states that The owner or lawful possessor of a thing has the right to exclude any person from the enjoyment and disposal thereof. For this purpose, he may use such force as may be reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of his property. 6. OBEDIENCE TO AN ORDER ISSUED FOR SOME LAWFUL PURPOSE. REQUISITES: a) That an order has been issued by a superior. b) That such order must be for some lawful purpose c) That the means used by the subordinate to carry out said order is lawful. Subordinate is not liable for carrying out an illegal order if he is not aware of its illegality and he is not negligent.

4. Since there is no crime, nor a criminal, there is also no criminal or civil liability. (except Art. 11, par. 4)

3. Since the act complained of is actually wrong there is a crime but since the actor acted without voluntariness, there is no dolo nor culpa 4. Since there is a crime committed though there is no criminal, there is civil liability. (except Art. 12, par. 4 and 7, where there in no civil liability)

1. IMBECILITY vs. INSANITY Insanity exists when there is a complete deprivation of intelligence or freedom of the will. Mere abnormality of mental faculties is not enough especially if the offender has not lost consciousness of his acts. Imbecility exists when a person, while of advanced age, has a mental development comparable to that of children between two and seven years of age. An insane person is not so exempt if it can be shown that he acted during a lucid interval. But an imbecile is exempt in all cases from criminal liability.

ART. 12. EXEMPTING CIRCUMSTANCES EXEMPTING CIRCUMSTANCES (or the circumstances for non-imputability) are those grounds for exemption from punishment, because there is wanting in the agent of the crime any of the conditions which makes the act voluntary, or negligent. BASIS: The exemption from punishment is based on the complete absence of

TWO TESTS OF INSANITY: 1. Test of COGNITION complete deprivation of intelligence in committing the crime. 2. Test of VOLITION total deprivation of freedom of will. The 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. What are the effects of the insanity of the accused? At the time of the commission of the crime exempt.

During trial proceedings suspended, accused is committed to a hospital. After judgment or while serving sentence execution of judgment is suspended, the accused is committed to a hospital. The period of confinement in the hospital is counted for the purpose of the prescription of the penalty. The fact that a person behaves crazily is not conclusive that he is insane. The prevalent meaning of the word crazy is not synonymous with the legal terms insane, non compos mentis, unsound mind, idiot, or lunatic. The popular conception of the word crazy is being used to describe a person or an act unnatural or out of the ordinary. A man may behave in a crazy manner but it does not necessarily and conclusively prove that he is legally so. (People vs. Florendo, G.R. No. 136845. Oct. 8, 2003).

BASIS: Lack of negligence or intent. ELEMENTS: a) A person is performing a lawful act; b) With due care; c) He causes injury to another by mere accident; d) Without fault or intention of causing it. 5. A PERSON WHO ACTS UNDER THE COMPULSION OF AN IRRESISTIBLE FORCE ELEMENTS: a) That the compulsion is by means of physical force. b) That the physical force must be irresistible. c) That the physical force must come from a third person. BASIS: Complete absence of freedom or voluntariness. The force must be so irresistible as to reduce the actor to a mere instrument who act not only without will but against his will.

2. PERSON UNDER NINE YEARS OF AGE An infant under the age of nine years is absolutely and conclusively presumed to be incapable of committing a crime. The phrase under nine years should be construed nine years or less PERSON OVER NINE YEARS OF AGE AND UNDER 15 ACTING WITHOUT DISCERNMENT

3.

Must have acted without discernment. DISCERNMENT mental capacity to fully appreciate the consequences of an unlawful act. Discernment may be shown by: 1. The manner the crime was committed; or 2. The conduct of the offender after its commission. 4. ACCIDENT WITHOUT FAULT INTENTION OF CAUSING IT IRRESISTIBLE FORCE
Offender uses violence or physical force to compel another person to commit a crime.

6. UNCONTROLLABLE FEAR ELEMENTS: a) That the threat which causes the fear is of an evil greater than, or at least equal to, that which he is required to commit; b) That it promises an evil of such gravity and imminence that the ordinary man would have succumbed to it. Duress as a valid defense should be based on real, imminent, or reasonable fear for ones life or limb and should not be speculative, fanciful, or remote fear.

OR

ACTUS ME INVITO FACTUS NON EST MEUS ACTUS An act done by me against my will is not my act. ELEMENTS: 1. That an act is required by law to be done. 2. That a person fails to perform such act. 3. That his failure to perform such act was due to some lawful or insuperable cause. Examples: a) The municipal president detained the offended party for three days because to take him to the nearest justice of the peace required a journey for three days by boat as there was no other means of

UNCONTROLLABLE FEAR
Offender employs intimidation or threat in compelling another to commit a crime.

7. INSUPERABLE CAUSE INSUPERABLE CAUSE some motive which has lawfully, morally or physically prevented a person to do what the law commands.

transportation. (US vs. Vicentillo, 19 Phil. 118) The distance which required a journey for three days was considered an insuperable cause. NOTE: Under the law, the person arrested must be delivered to the nearest judicial authority at most within 18 hours (now 36 hours, Art. 125 RPC); otherwise, the public officer will be liable for arbitrary detention. b) A mother who at the time of childbirth was overcome by severe dizziness and extreme debility, and left the child in a thicket were said child died, is not liable for infanticide because it was physically impossible for her to take home the child. (People vs. Bandian, 63 Phil. 530). The severe dizziness and extreme debility of the woman constitute an insuperable cause. ABSOLUTORY CAUSES - are those where the act committed is a crime but for reasons of public policy and sentiment, there is no penalty imposed. Other absolutory causes: 1. Spontaneous desistance (Art. 6) 2. Accessories who are exempt from criminal liability (Art. 20) 3. Death or physical injuries inflicted under exceptional circumstances (Art. 247) 4. Persons exempt from criminal liability for theft, swindling and malicious mischief (Art. 332) 5. Instigation Entrapment is NOT an absolutory cause. A buy-bust operation conducted in connection with illegal drug-related offenses is a form of entrapment. ENTRAPMENT
1. Ways and means are resorted to for the capture of lawbreaker in the execution of his criminal plan. 2. The means originates from the mind of the criminal.

Chapter Three: Circumstances Mitigate Criminal Liability

Which

ART.13 MITIGATING CIRCUMSTANCES MITIGATING CIRCUMSTANCES those which, if present in the commission of the crime, do not entirely free the actor from criminal liability, but serve only to reduce the penalty. One single fact cannot be made the basis of more than one mitigating circumstance. Hence, a mitigating circumstance arising from a single fact, absorbs all the other mitigating circumstances arising from the same fact.

BASIS: Diminution of either freedom of action, intelligence, or intent, or on the lesser perversity of the offender. CLASSES
Source

ORDINARY
Subsections 110 of Art. 13 (RPC) If not offset (by an aggravating circumstance) it will operate to have the penalty imposed at its minimum period, provided the penalty is a divisible one May be offset by aggravating circumstance

PRIVILEGED
Arts. 68, 69 and 64 of RPC It operates to reduce the penalty by one to two degrees depending upon what the law provides

As to effect

the

As to offset

Cannot offset

be

INSTIGATION
1. Instigator induces the would-be accused to commit the crime, hence he becomes a co-principal. 2. The law enforcer conceives the commission of the crime and suggests to the accused who adopts the idea and carries it into execution. 3. It will result in the acquittal of the accused.

1. INCOMPLETE JUSTIFYING EXEMPTING CIRCUMSTANCES

OR

Applies, when all the requisites necessary to justify the act or to exempt from criminal liability are not attendant. But in the case of incomplete selfdefense, defense of relatives, and defense of a stranger, unlawful aggression must be present, it being an indispensable requisite.

2. UNDER 18, OR OVER 70 YEARS OLD It is the age of the accused at the time of the commission of the crime which should

3. Not a bar to the prosecution and conviction of the lawbreaker.

be determined. His age at the time of the trial is immaterial. Legal effects of various ages of offender Nine (9) years of age and below exempting circumstance. (Art. 12, par. 2) Over 9 but not more than 15 exempting unless, he acted with discernment in which case penalty is reduced to at least two (2) degrees lower than that imposed. (Art. 12, par. 3; Art. 68, par. 1) Above 15 but under 18 - regardless of discernment, penalty is reduced by one (1) degree lower than that imposed. (Art. 68 par. 2) Minor delinquent under 18 years of age sentence suspended (Art. 192, PD 603 as amended by PD 1179) 18 years or over full criminal responsibility. 70 years or over mitigating, no imposition of death penalty; if already imposed, execution of death penalty is suspended and commuted. BASIS: Diminution of intelligence 3. NO INTENTION TO COMMIT SO GRAVE A WRONG Rule for the application: Can be taken into account only when the facts proven show that there is a notable and evident disproportion between the means employed to execute the criminal act and its consequences. Intention may be ascertained considering: a) the weapon used b) the part of the body injured c) the injury inflicted d) the manner it is inflicted Not applicable to felonies by negligence. Not applicable to felonies where intention is immaterial. PROVOCATION
1. It is made directly only to the person committing the felony.

BASIS: Intent is diminished. 4. PROVOCATION OR THREAT PROVOCATION any unjust or improper conduct or act of the offended party, capable of exciting, inciting or irritating any one. REQUISITES: 1. The provocation must be sufficient. 2. It must originate from the offended party. 3. The provocation must be immediate to the commission of the crime by the person who is provoked. The threat should not be offensive and positively strong. Otherwise, the threat to inflict real injury is an unlawful aggression, which may give rise to self-defense.

BASIS: Diminution of intelligence and intent. The liability of the accused is mitigated only insofar as it concerns the harm inflicted on the person who made the provocation, but not with regard to the other victims who did not participate in the provocation (US vs. Malabanan, 9 Phil. 262) 5. VINDICATION OF GRAVE OFFENSE REQUISITES: 1. That there be a grave offense done to the one committing the felony, his spouse, ascendants; descendants, legitimate, natural or adopted brothers or sisters or relatives by affinity within the same degrees; 2. That the felony is committed in immediate vindication of such grave offense. Immediate allows for a lapse of time unlike in sufficient provocation, as long as the offender is still suffering from the mental agony brought about by the offense to him.
3. The vindication of the grave offense may be proximate, which admits of an INTERVAL of time.

by

VINDICATION
1. The grave offense may be committed also against the offenders relatives mentioned by law. 2. The offended party must have done a grave offense to the offender or his relatives mentioned by law.

3. It is necessary that the provocation or threat immediately preceded the act.

2. The cause that brought about the provocation need not be a grave offense.

Basis to determine gravity of offense in vindication: 1. social standing of the person 2. place and 3. time when the insult was made

6. PASSION OR OBFUSCATION It requires that: 1. The accused acted upon an impulse. 2. The impulse must be so powerful that it naturally produced passion or obfuscation in him. REQUISITES: 1. That there be an act, both unlawful and sufficient to produce such a condition of mind; 2. That said act which produced the obfuscation was not far removed from the commission of the crime by a considerable length of time, during which the perpetrator might recover his normal equanimity. 3. The act causing such obfuscation, was committed by the victim himself. A mitigating circumstance only when the same arose from lawful sentiments.

REQUISITES OF VOLUNTARY SURRENDER: 1. That the offender had not been actually arrested; 2. That the offender surrendered himself to a person in authority or to the latters agent; 3. That the surrender was voluntary. WHEN SURRENDER VOLUNTARY A surrender to be voluntary must be spontaneous, showing the intent of the accused to submit himself unconditionally to the authorities, either because: 1. he acknowledges his guilt; or 2. he wishes to save them the trouble and expense necessarily incurred in his search and capture. REQUISITES OF VOLUNTARY PLEA OF GUILTY: 1. That the offender spontaneously confessed his guilt. 2. That the confession of guilt was made in open court, that is, before the competent court that is to try the case; and 3. That the confession of guilt was made prior to the presentation of evidence for the prosecution. REASON: plea of guilty is an act of repentance and respect for the law; it indicates a moral disposition in the accused, favorable to his reform BASIS: lesser perversity of the offender.

BASIS: Loss of reasoning and self-control, thereby diminishing the exercise of his will power. WHEN PASSION OR OBFUSCATION NOT MITIGATING: When committed: 1. In the spirit of lawlessness, or 2. In a spirit of revenge PASSION/ OBFUSCATION
produced by an impulse which may be caused by provocation the offense need not be immediate. It is only required that the influence thereof lasts until the moment the crime is committed

PROVOCATION
the provocation comes from the injured party. must immediately precede the commission of the crime.

Passion and obfuscation cannot CO-EXIST with: 1. vindication of grave offense 2. treachery 7. SURRENDER AND CONFESSION OF GUILT

TWO MITIGATING CIRCUMSTANCES: 1. Voluntary surrender to a person in authority or his agents. 2. Voluntary confession of guilt before the court prior to the presentation of evidence for the prosecution.

8.

PHYSICAL DEFECT OF OFFENDER When the offender is deaf and dumb, blind or otherwise suffering from some physical defect, restricting his means of action, defense or communication with others. The physical defect must relate to the offense committed.

BASIS: diminution of element of voluntariness. 9. ILLNESS OF THE OFFENDER REQUISITES: a) That the illness of the offender must diminish the exercise of his will-power. b) That such illness should not deprive the offender of consciousness of his acts. Includes illness of the mind not amounting to insanity. BASIS: Diminution of intelligence and intent. 10. SIMILAR AND CIRCUMSTANCES ANALOGOUS

b) Contempt or insult of public authorities; c) Crime committed in the dwelling of the offended party; d) Abuse of confidence or obvious ungratefulness; e) Place where crime is committed; f) Nighttime, uninhabited place, or band; g) Recidivism (reincidencia); h) Habituality (reiteracion); i) Craft, fraud or disguise; j) Unlawful entry; k) Breaking of parts of the house; l) Use of persons under 15 years of age. 2. Specific those which apply only to specific crimes, such as ignominy in crimes against chastity and cruelty and treachery which are applicable only to crimes against persons. a) Disregard of rank, age or sex due the offended party; b) Abuse of superior strength or means be employed to weaken the defense; c) Treachery (alevosia); d) Ignominy; e) Cruelty; f) Use of unlicensed firearm in the murder or homicide committed therewith (RA 8294). 3. Qualifying those that change the nature of the crime. Alevosia (treachery) or evident premeditation qualifies the killing of a person to murder. Art. 248 enumerates the qualifying aggravating circumstances which quality the killing of person to murder. 4. Inherent those which of necessity accompany the commission of the crime, therefore not considered in increasing the penalty to be imposed, such as: a) Evident premeditation in robbery, theft, estafa, adultery and concubinage; b) Abuse of public office in bribery; c) Breaking of a wall or unlawful entry into a house in robbery with the use of force upon things; d) Fraud in estafa; e) Deceit in simple seduction; f) Ignominy in rape. 5. Special those which arise under special conditions to increase the penalty of the offense and cannot be offset by mitigating circumstances, such as:

EXAMPLES: 1. Impulse of jealousy, similar to passion and obfuscation. 2. Testifying for the prosecution, analogous to plea of guilty 3. Over 60 years old with failing sight, similar to over 70 years of age under par. 2.

Chapter Four: Circumstances Aggravate Criminal Liability

which

AGGRAVATING CIRCUMSTANCES are those which, if attendant in the commission of the crime, serve to have the penalty imposed in its maximum period provided by law for the offense or change the nature of the crime. BASIS: They are based on the greater perversity of the offender manifested in the commission of the felony as shown by: 1. the motivating power itself; 2. the place of the commission; 3. the means and ways employed 4. the time; or 5. the personal circumstances of the offender, or the offended party. KINDS OF AGGRAVATING CIRCUMSTANCES: 1. Generic those which apply to all crimes, such as: a) Advantage taken of public position;

a) b) c) d)

Quasi-recidivism (Art. 160); Complex crimes (Art. 48); Error in personae (Art. 49); Taking advantage of public position and membership in an organized/syndicated crime group (Par.1[a], Art. 62). QUALIFYING AGGRAVATING CIRCUMSTANCE
To give the crime its proper and exclusive name and to place the author thereof in such a situation as to deserve no other penalty than that specially prescribed by law for said crime.

c) From any personal cause, shall only serve to aggravate the liability of the principals, accomplices and accessories as to whom such circumstances are attendant. (Art. 62, par. 3) 4. The circumstances which consist: a) In the material execution of the act, or b) In the means employed to accomplish it, shall serve to aggravate the liability of those persons only who had knowledge of them at the time of the execution of the act or their cooperation therein. Except when there is proof of conspiracy in which case the act of one is deemed to be the act of all, regardless of lack of knowledge of the facts constituting the circumstance. (Art. 62, par. 4) 5. Aggravating circumstances, regardless of its kind, should be specifically alleged in the information AND proved as fully as the crime itself in order to increase the penalty. (Sec. 9, Rule 110, 2000 Rules of Criminal Procedure) 6. When there is more than one qualifying aggravating circumstance present, one of them will be appreciated as qualifying aggravating while the others will be considered as generic aggravating. ART. 14 AGGRAVATING CIRCUMSTANCES Par. 1. That advantage be taken by the offender of his public position. Applicable only when the offender is a public officer. The public officer must use the influence, prestige or ascendancy which his office gives him as the means by which he realizes his purpose This circumstance cannot be taken into consideration in offenses where taking advantage of official position is made by law an integral element of the crime, such as in malversation under Art. 217, or in falsification of a document committed by public officers under Art. 171. Taking advantage of a public position is also inherent in the case of accessories under Art. 19, par. 3 (harboring, concealing, or assisting in the escape of the principal of the crime), and in crimes committed by public officers (Arts. 204245).

GENERIC AGGRAVATING CIRCUMSTANCE As to its effect

Increases the penalty which should be imposed upon the accused to the maximum period but without exceeding the limit prescribed by law.

As to whether it can be offset by a mitigating circumstance

May be offset by a mitigating circumstance. Cannot be offset by a mitigating circumstance

RULES ON AGGRAVATING CIRCUMSTANCES: 1. Aggravating circumstances shall not be appreciated if: a) They constitute a crime specially punishable by law; or b) They are included by the law in defining a crime and prescribing a penalty therefore, shall not be taken into account for the purpose of increasing the penalty. EXAMPLE: That the crime be committed by means of fire,explosion (Art. 14, par. 12) is in itself a crime of arson (Art. 321) or a crime involving destruction (Art. 324). It is not to be considered to increase the penalty for the crime of arson or for the crime involving destruction. 2. 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. 62, par. 2)

3. Aggravating circumstances which arise: a) From the moral attributes of the offender; or b) From his private relations with the offended party; or

Par. 2 That the crime be committed in contempt of or with insult to the public authorities. REQUISITES OF THIS CIRCUMSTANCE: 1. That the public authority is engaged in the exercise of his functions. 2. That the public authority is not the person against whom the crime is committed. 3. The offender knows him to be a public authority. 4. His presence has not prevented the offender from committing the criminal act. Public authority sometimes also called a person in authority, is a public officer who is directly vested with jurisdiction, that is, a public officer who has the power to govern and execute the laws; like a mayor, councilor, governor, barangay captain and barangay chairman. Teachers or professors of a public or recognized private school and lawyers are not public authority within the contemplation of this paragraph. While they are persons in authority under Art. 152, that status is only for purposes of Art. 148 (direct assault) and Art. 152 (resistance and disobedience).

Age of the offended party may refer to old age or the tender age of the victim. Sex of the offended party refers to the female sex, not to the male sex. THE AGGRAVATING CIRCUMSTANCE OF DISREGARD OF RANK, AGE, OR SEX IS NOT APPLICABLE IN THE FOLLOWING CASES: 1. When the offender acted with passion and obfuscation. 2. When there exists a relationship between the offended party and the offender. 3. When the condition of being a woman is indispensable in the commission of the crime. (e.g. in parricide, abduction, seduction and rape) Disregard of sex and age are not absorbed in treachery because treachery refers to the manner of the commission of the crime, while disregard of sex and age pertains to the relationship of the victim (People vs. Lapaz, March 31, 1989).

Par. 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, (b) age, or (c) sex, or (2) that it be committed in the dwelling of the offended party, if the latter has not given provocation. The four circumstances enumerated should be considered as one aggravating circumstance only. Disregard of rank, age or sex is essentially applicable only to crimes against person or honor. They are not taken into account in crimes against property. To be appreciated as an aggravating circumstance, there must be evidence that in the commission of the crime, the offender deliberately intended to offend or insult the sex, age and rank of the offended party.

Dwelling must be a building or structure, exclusively used for rest and comfort. A combination of a house and a store or a market stall where the victim slept is not a dwelling. - dwelling includes dependencies, the foot of the staircase and enclosure under the house. The aggravating circumstance of dwelling requires that the crime be wholly or partly committed therein or in any integral part thereof. Dwelling does not mean the permanent residence or domicile of the offended party or that he must be the owner thereof. He must, however, be actually living or dwelling therein even for a temporary duration or purpose. It is not necessary that the accused should have actually entered the dwelling of the victim to commit the offense; it is enough that the victim was attacked inside his own house, although the assailant may have devised means to perpetrate the assault from without.

Rank of the offended party is 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.

WHAT AGGRAVATES THE COMMISSION OF THE CRIME IN ONES DWELLING: 1. The abuse of confidence which the offended party reposed in the offender by opening the door to him; or 2. The violation of the sanctity of the home by trespassing therein with violence or against the will of the owner.

MEANING OF PROVOCATION IN THE AGGRAVATING CIRCUMSTANCE OF DWELLING: The provocation must be: 1. Given by the owner of the dwelling, 2. Sufficient, and 3. Immediate to the commission of the crime. If all these conditions are present, the offended party is deemed to have given the provocation, and the fact that the crime is committed in the dwelling of the offended party is not an aggravating circumstance. REASON: When it is the offended party who has provoked the incident, he loses his right to the respect and consideration due him in his own house.

same case appreciated.

must

be

independently

While one may be related to the other in the factual situation in the case, they cannot be lumped together as abuse of confidence requires a special confidential relationship between the offender and the victim, but this is not so in ungratefulness.

REQUISITES OF ABUSE OF CONFIDENCE: 1. That the offended party had trusted the offender. 2. That the offender abused such trust by committing a crime against the offended party. 3. That the abuse of confidence facilitated the commission of the crime. Abuse of confidence is inherent in malversation (Art. 217), qualified theft (Art. 310), estafa by conversion or misappropriation (Art. 315), and qualified seduction (Art. 337).

DWELLING IS NOT AGGRAVATING IN THE FOLLOWING CASES: 1. When both the offender and the offended party are occupants of the same house, and this is true even if offender is a servant in the house. EXCEPTION: In case of adultery in the conjugal dwelling, the same is aggravating. However, if the paramour also dwells in the conjugal dwelling, the applicable aggravating circumstance is abuse of confidence. 2. When robbery is committed by the use of force upon things, dwelling is not aggravating because it is inherent. But 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 partys house. 3. In the crime of trespass to dwelling, it is inherent or included by law in defining the crime. 4. When the owner of the dwelling gave sufficient and immediate provocation. There must exist a close relation between the provocation made by the victim and the commission of the crime by the accused. 5. The victim is not a dweller of the house. Par. 4. That the act be committed with (1) abuse of confidence, or (2) obvious ungratefulness. Par. 4 provides two aggravating circumstances which, if present in the

REQUISITES OF OBVIOUS UNGRATEFULNESS: 1. That the offended party had trusted the offender; 2. That the offender abused such trust by committing a crime against the offended party. 3. That the act be committed with obvious ungratefulness. The ungratefulness contemplated by par. 4 must be such clear and manifest ingratitude on the part of the accused.

Par. 5 That the crime be committed (1) in the palace of the Chief Executive, or (2) in his presence, or (3) where public authorities are engaged in the discharge of their duties, or (4) in a place dedicated to religious worship. Except for the third which requires that official functions are being performed at the time of the commission of the crime, the other places mentioned are aggravating per se even if no official duties or acts of religious worship are being conducted there. Cemeteries, however respectable they may be, are not considered as place dedicated to the worship of God.

PAR. 5. Where public authorities are engaged in the discharge of their duties In both

PAR. 2. Contempt or insult to public authorities

hands and arms were tied together before he was beaten up by the accused. Uninhabited place (despoblado) one where there are no houses at all; a place at a considerable distance from town, or where the houses are scattered at a great distance from each other. What actually determines whether this aggravating circumstance should be considered against the accused, aside from the distance and isolation of the place, is the reasonable possibility of the victim receiving or securing aid from third persons. Band (en cuadrilla) whenever more than three (i.e., at least four) armed malefactors shall have acted together in the commission of an offense, it shall be deemed committed by a band. The requisite four armed persons contemplated in this circumstance must all be principals by direct participation who acted together in the execution of the acts constituting the crime. If one of them was a principal by inducement, there would be no cuadrilla but the aggravating circumstance of having acted with the aid of armed men may be considered against the inducer if the other two acted as his accomplice. This aggravating circumstance is absorbed in the circumstance of abuse of superior strength. This aggravating circumstance is not applicable in crimes against chastity. This aggravating circumstance is inherent in brigandage.

Public authorities are in the performance of their duties

Place where public duty is performed

In their office. Outside of their office. Public authority should not be the offended party

The offended party

May or may not be the public authority

Par. 6. That the crime be committed (1) in the nighttime, or (2) in an uninhabited place, or (3) by a band, whenever such circumstance may facilitate the commission of the offense. When present in the same case and their element are distinctly palpable and can subsist independently, they shall be considered separately.

WHEN NIGHTTIME, UNINHABITED PLACE OR BAND AGGRAVATING: 1. When it facilitated the commission of the crime; or 2. When especially sought for by the offender to insure the commission of the crime or for the purpose of impunity; or 3. When the offender took advantage thereof for the purpose of impunity. Nighttime (obscuridad) that period of darkness beginning at end of dusk and ending at dawn. Nights are from sunset to sunrise. It is necessary that the commission of the crime was begun and completed at nighttime. When the place of the crime is illuminated by light, nighttime is not aggravating.

Par. 7 That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic or other calamity or misfortune. REASON FOR THE AGGRAVATION: The debased form of criminality met in one who, in the midst of a great calamity, instead of lending aid to the afflicted, adds to their suffering by taking advantage of their misfortune to despoil them. Therefore it is necessary that the offender took advantage of the calamity or misfortune. Par. 8 That the crime be committed with the aid of: (1) armed men, or (2)persons who insure or afford impunity.

GENERAL RULE: Nighttime is absorbed in treachery. EXCEPTION: Where both the treacherous mode of attack and nocturnity were deliberately decided upon in the same case, they can be considered separately if such circumstances have different factual bases. Thus: In People vs. Berdida, et. al. (June 30, 1966), nighttime was considered since it was purposely sought, and treachery was further appreciated because the victims

REQUISITES: 1. That armed men or persons took part in the commission of the crime, directly or indirectly. 2. That the accused availed himself of their aid or relied upon them when the crime was committed. This aggravating circumstance requires that the armed men are accomplices who take part in that minor capacity directly or indirectly, and not when they were merely present at the crime scene. Neither should they constitute a band, for then the proper aggravating circumstance would be by a band.

3. That both the first and the second offenses are embraced in the same title of the Code; 4. That the offender is convicted of the new offense. MEANING OF at the time of his trial for one crime. It is employed in its general sense, including the rendering of the judgment. It is meant to include everything that is done in the course of the trial, from arraignment until after sentence is announced by the judge in open court. 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, the accused had already been convicted of the first offense. If both offenses were committed on the same date, they shall be considered as only one, hence, they cannot be separately counted in order to constitute recidivism. Also, judgments of convicted handed down on the same day shall be considered as only one conviction. REASON: Because the Code requires that to be considered as separate convictions, at the time of his trial for one crime the accused shall have been previously convicted by final judgment of the other. To prove recidivism, it is necessary to allege the same in the information and to attach thereto certified copy of the sentences rendered against the accused. Recidivism must be taken into account no matter how many years have intervened between the first and second felonies. 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, the first conviction is still counted to make him a recidivist since pardon does not obliterate the fact of his prior conviction. The rule is different in the case of amnesty which theoretically considers the previous transgressions as not punishable.

WHEN THIS AGGRAVATING CIRCUMSTANCE SHALL NOT BE CONSIDERED: 1. When both the attacking party and the party attacked were equally armed. 2. 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. Par. 6 By a band As to their number
Requires more than three armed malefactors (i.e., at least four) At least two

Par. 8. With the aid of armed men

This circumstance is present even if one of the offenders merely relied on their aid, for actual aid is not necessary.

As to their action
Requires that more than three armed malefactors shall have acted together in the commission of an offense.

If there are four armed men, aid of armed men is absorbed in employment of a band. If there are three armed men or less, aid of armed men may be the aggravating circumstance. Aid of armed men includes armed women.(People vs. Licop, 94 Phil. 839, 846)

Par. 9 That the accused is a recidivist (reincidencia). REQUISITES: 1. That the offender is on trial for an offense; 2. That he was previously convicted by final judgment of another crime;

Par. 10 That the offender has been previously punished (1) for an offense to which the law attaches an equal or greater penalty or (2) for two or more crimes to which it attaches a lighter penalty.

REQUISITES of REITERACION or HABITUALITY: 1. That the accused is on trial for an offense; 2. That he previously served sentence for another offense to which the law attaches an a) Equal or b) Greater penalty, or c) For two or more crimes to which it attaches a lighter penalty than that for the new offense; and 3. That he is convicted of the new offense REITERACION As to the first offense
It is necessary that the offender shall have served out his sentence for the first offense The previous and subsequent offenses must not be embraced in the same title of the Code. It is enough that a final judgment has been rendered in the first offense.

conviction for a felony. This is a special aggravating circumstance. Since reiteracion provides that the accused has duly served the sentence for his previous conviction/s, or is legally considered to have done so, quasirecidivism cannot at the same time constitute reiteracion, hence this aggravating circumstance cannot apply to a quasi-recidivist. If the same set of facts constitutes recidivism and reiteracion, the liability of the accused should be aggravated by recidivism which can easily be proven.

RECIDIVISM

Par. 11 That the crime be committed in consideration of a price, reward or promise. When this aggravating circumstance is present, there must be two or more principals, the one who gave or offered the price or promise and the one who accepted it, both of whom are principals. 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, it should not be taken into consideration for the purpose of increasing the penalty. The price, reward or promise need not consist of or refer to material things or that the same were actually delivered, 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.

As to the kind of offenses involved

Requires that the offenses be included in the same title of the Code.

As to frequency
Not always aggravating circumstance an Always to be taken into consideration in fixing the penalty to be imposed upon the accused .

THE FOUR FORMS OF REPETITION ARE: 1. Recidivism (par. 9, Art. 14) where a person, on separate occasions, is convicted of two offenses embraced in the same title in the RPC. This is a generic aggravating circumstance. 2. Reiteracion or habituality (par. 10, Art. 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. This is a generic aggravating circumstance. 3. Multi-recidivism or habitual delinquency (Art. 62, 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, robbery, theft, estafa or falsification, is found guilty of the said crimes a third time or oftener. This is an extraordinary aggravating circumstance. 4. Quasi-recidivism (Art. 160) Where a person commits felony before beginning to serve or while serving sentence on a previous

Par. 12 That the crime be committed by means of inundation, fire, poison, explosion, stranding of a vessel or intentional damage thereto, derailment of a locomotive, or by the use of any other artifice involving great waste and ruin. When another aggravating circumstance already qualifies the crime, any of these aggravating circumstances shall be considered as generic aggravating circumstance only. A killing committed through any of these qualifies the crime to murder, except if arson was resorted to but without intent to kill, in view of P.D. 1613 which provides a specific penalty for that situation.

PAR. 12 by means of inundation, fire, etc.

The crime is committed by means of any such acts involving great waste or ruin.

PAR. 7 on the occasion of a conflagration, shipwreck, etc.

The crime is committed on the occasion of a calamity or misfortune.

premeditation, because whoever is killed by him is contemplated in his premeditation. Evident premeditation, while inherent in robbery, may be aggravating in robbery with homicide if the premeditation included the killing of the victim.

Par. 13 That the act be committed with evident premeditation REQUISITES: The prosecution must prove 1. The time when the offender determined to commit the crime; 2. An act manifestly indicating that the culprit has clung to his determination; and 3. A sufficient lapse of time between the determination and execution, to allow him to reflect upon the consequences of his act and to allow his conscience to overcome the resolution of his will. The essence of evident premeditation is that the execution of the criminal act is preceded by cool thought and reflection upon the resolution to carry out the criminal intent within a space of time sufficient to arrive at a calm judgment. (People vs. Abadies, GR No. 135975, August 14, 2002) Evident premeditation is presumed to exist when conspiracy is directly established. When conspiracy is merely implied, evident premeditation cannot be presumed, the latter must be proved like any other fact. (People vs. Sapigao, et. al., GR No. 144975, June 18, 2003) Premeditation is absorbed by reward or promise but only insofar as the inducer is concerned since he obviously reflected thereon in planning the crime but not the person induced since one can be a principal by direct participation without the benefit of due reflection. When the offender decides to kill a particular person and premeditated on the killing of the latter, but when he carried out his plan he actually killed another person, it cannot properly be said that he premeditated on the killing of the actual victim. But if the offender premeditated on the killing of any person, it is proper to consider against the offender the aggravating circumstance of

Par. 14 That (1) craft, (2) fraud, or (3) disguise be employed Craft (astucia) involved the use of intellectual trickery or cunning on the part of the accused. - it is a chicanery resorted to by the accused to aid in the execution of his criminal design. It is employed as a scheme in the execution of the crime. 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. FRAUD
Where there is a direct inducement by insidious words or machinations, fraud is present.

CRAFT
The act of the accused done in order not to arouse the suspicion of the victim constitutes craft.

According to Justice Regalado, the fine distinctions between craft and fraud would not really be called for as these terms in Art. 14 are variants of means employed to deceive the victim and if all are present in the same case, they shall be applied as a single aggravating circumstance. Craft and fraud may be absorbed in treachery if they have been deliberately adopted as the means, methods or forms for the treacherous strategy, or they may co-exist independently where they are adopted for a different purpose in the commission of the crime. For instance: In People vs. San Pedro (Jan. 22, 1980), where the accused pretended to hire the driver in order to get his vehicle, it was held that there was craft directed to the theft of the vehicle, separate from the means subsequently used to treacherously kill the defenseless driver.

In People vs. Masilang (July 11, 1986) there was also craft where after hitching a ride, the accused requested the driver to take them to a place to visit somebody, when in fact they had already planned to kill the driver.

Abuse of superior strength is inherent in the crime of parricide where the husband kills the wife. It is generally accepted that the husband is physically stronger than the wife. 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. 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.

Disguise (disfraz) resorting to any device to conceal identity. The test of disguise is whether the device or contrivance resorted to by the offender was intended to or did make identification more difficult, such as the use of a mask or false hair or beard. But if in spite of the use of handkerchief to cover their faces, the culprits were recognized by the victim, disguise was not considered aggravating.

by a band
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.

Par. 15 That (1) advantage be taken of superior strength, or (2) means be employed to weaken the defense. Par. 15 enunciates two aggravating circumstances, namely, that advantage was taken of superior strength, or that means were employed by the offender to weaken the defense of the victim, either of which qualifies a killing to murder.

Abuse of superior cuadrilla (band).

strength

absorbs

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. (People vs. Lobrigas, et. al., GR No. 147649, December 17, 2002) NO ADVANTAGE OF SUPERIOR STRENGTH IN THE FOLLOWING: 1. One who attacks another with passion and obfuscation does not take advantage of his superior strength. 2. 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. For abuse of superior strength, the test is the relative strength of the offender and his victim, whether or not he took advantage of his greater strength. When there are several offenders participating in the crime, they must all be principals by direct participation and their attack against the victim must be concerted and intended to be so.

Means employed to weaken defense - the offender employs means that materially weakens the resisting power of the offended party. EXAMPLES OF means employed to weaken defense: 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 latters resisting power. This circumstance is applicable only to 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 (alevosia) is present when the offender commits any of the crimes against 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 OF TREACHERY: 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. The test of treachery 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.

shot, it cannot be said that the crime was attended by treachery. 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.(US vs. Baluyot) 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.

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. The suddenness of attack does not, of itself, suffice to support a finding of alevosia, even if the purpose was to kill, so long as the decision was made all of a sudden and the victims helpless position was accidental. Treachery must be appreciated in the killing of a child even if the manner of attack is not shown. It exists in the commission of the crime when the adult person illegally attacks a child of tender years and causes his death.

ALEVOSIA 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 4. Cuadrilla (band) 5. Aid of armed men 6. Nighttime Treachery cannot co-exist with passion or obfuscation (People vs. Pansensoy, GR No. 140634, Sept. 12, 2002) 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.

WHEN MUST TREACHERY BE PRESENT: 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 wounded, with no appreciable time intervening between the delivery of the blows and the firing of the

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 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 victims moral suffering or humiliation. (People vs. Carmina, G.R. No. 81404, January 28, 1991) Applicable to: (1) crimes against chastity, (2) less serious physical injuries, (3) light or grave coercion, and (4) murder.

the crime more humiliating to victim or to put the offended party to shame, or add to his

the crime of theft was attended by this aggravating circumstance. It is not necessary that the offender should have entered the building. Par. 20 That the crime be committed (1) with the aid of persons under fifteen years of age, or (2) by means of motor vehicles, airships, or other similar means. TWO DIFFERENT CIRCUMSTANCES GROUPED IN THIS PARAGRAPH: 1. With the aid of persons under fifteen years of age. Tends 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. 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 (1) in going to the place of the crime, (2) in carrying away the effects thereof, and (3) 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. 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 OF CRUELTY: 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.

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. 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. UNLAWFUL ENTRY IS INHERENT IN: 1. robbery with the use of force upon things 2. trespass to dwelling Par. 19 That as a means to the commission of a crime, a wall, roof, floor, door, or window be broken. This circumstance is aggravating only in those cases where the offender resorted to any of said means to enter the house. If the wall, etc., is broken in order to get out of the place, it is not an 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.

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,

Cruelty is not inherent in crimes against persons. In order for it to be appreciated, there must be positive proof that the 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) CRUELTY (PAR. 21)
Refers to suffering physical

wounds found on the body of the victim were inflicted while he was still alive in order unnecessarily to prolong physical suffering. mothers/fathers affection, care and protection. 2. The relationship of adopted parent and adopted child. But the relationship of uncle and niece is not covered by any of the relationship mentioned. WHEN RELATIONSHIP MITIGATING AND WHEN AGGRAVATING: 1. In crimes against property, as a rule, relationship is mitigating, by analogy to the provisions of Art. 332. Thus, relationship is mitigating in the crimes of robbery (Arts. 294-302), usurpation (Art. 312), fraudulent insolvency (Art. 314) and arson (Arts. 321-322, 325-326). 2. In crimes against persons a) It is aggravating where the offended party is a relative of i. a higher degree than the offender, or ii. when the offender and the offended party are relatives of the same level (e.g. brothers) b) But when it comes to any of the physical injuries: i. It is aggravating when the crime against persons is serious physical injuries (Art. 263), even if the offended party is a descendant of the offender. But the serious physical injuries must not be inflicted by a parent upon his child by excessive chastisement. ii. It is mitigating when the offense committed is less serious physical injuries or slight physical injuries, if the offended party is a relative of a lower degree; and aggravating if the offended party is a relative of a higher degree of the offender. c) When the crime is homicide or murder, relationship is aggravating even if the victim of the crime is a relative of a lower degree. d) In rape, relationship is aggravating where a stepfather raped his stepdaughter or in a case where a father raped his own daughter. 3. In crimes against chastity, like acts of lasciviousness (Art. 336), relationship is always aggravating, regardless of whether

Involves suffering

moral

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

ART. 15 ALTERNATIVE CIRCUMSTANCES ALTERNATIVE CIRCUMSTANCES are 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. BASIS: The nature and effects of the crime and the other conditions attending its commission. THE ALTERNATIVE CIRCUMSTANCES ARE: 1. Relationship; 2. Intoxication; and 3. Degree of instruction and education of the offender. RELATIONSHIP The alternative circumstance of relationship shall be taken into consideration when the offended party is the a) Spouse, b) Ascendant, c) Descendant, d) Legitimate, natural, or adopted brother or sister, or e) Relative by affinity in the same degree of the offender. OTHER RELATIVES INCLUDED: 1. The relationship of stepfather or stepmother and stepson or stepdaughter. REASON: It is the duty of the stepparents to bestow upon their stepchildren a

the offender is a relative of a higher or lower degree of the offended party. When the qualification given to the crime is derived from the relationship between WHEN INTOXICATION MITIGATING AND WHEN AGGRAVATING: 1. Mitigating a) If intoxication is not habitual, or b) If intoxication is not subsequent to the plan to commit a felony. 2. Aggravating a) If intoxication is habitual, or b) If it is intentional (subsequent to the plan to commit a felony). TO BE ENTITLED TO THE MITIGATING CIRCUMSTANCE OF INTOXICATION, IT MUST BE SHOWN: a) That at the time of the commission of the criminal act, the accused has taken such quantity of alcoholic drinks as to blur his reason and deprive him of a certain degree of control, and b) That such intoxication is not habitual, or subsequent to the plan to commit the felony. To be mitigating, the accuseds state of intoxication must be proved. Once intoxication is established by satisfactory evidence, in the absence of proof to the contrary, it is presumed to be non-habitual or unintentional.

the offender and the offended party, it is neither mitigating nor aggravating, because it is inseparable from and inherent in the offense. (e.g. parricide, adultery and concubinage).

TITLE TWO: PERSONS LIABLE FOR FELONIES

CRIMINALLY

ART. 16 WHO ARE CRIMINALLY LIABLE FOR GRAVE AND LESS GRAVE FELONIES: 1. Principals 2. Accomplices 3. Accessories FOR LIGHT FELONIES: 1. Principals 2. Accomplices Accessories are not liable for light felonies. REASON: In the commission of light felonies, the social wrong as well as the individual prejudice is so small that penal sanction is deemed not necessary for accessories. The classification of the offenders as principal, accomplice, or an accessory is essential under the RPC. The classification maybe applied to special laws only if the latter provides for the same graduated penalties as those provided under the RPC.

INSTRUCTION OR EDUCATION - as an alternative circumstance, does not refer only to literary but more to the level of intelligence of the accused. - refers to the lack of sufficient intelligence and knowledge of the full significance of ones acts. - Low degree of instruction and education or lack of it is generally mitigating. High degree of instruction and education is aggravating, when the offender took advantage of his learning in committing the crime. GENERAL RULE: Lack of sufficient education is mitigating. EXCEPTIONS: 1. Crimes against property (e.g. arson, estafa, theft, robbery) 2. Crimes against chastity, and 3. Treason because love of country should be a natural feeling of every citizen, however unlettered or uncultured he may be.

TWO PARTIES IN ALL CRIMES: 1. Active subject (the criminal) Art. 16 enumerates the active subjects of the crime. 2. Passive subject (the injured party) Is the holder of the injured right: the man, the juristic person, the group, and the State. Only natural persons can be the active subject of crime because of the highly personal nature of the criminal responsibility. However, corporation and partnership can be a passive subject of a crime. Corpses and animals cannot be passive subjects because they have no rights that may be injured. EXCEPTION: Under Art. 253, the crime of defamation may be committed if the imputation tends to blacken the memory of one who is dead.

This article applies only when the offenders are to be judged by their individual, and not collective, liability. ART. 17 PRINCIPALS

THE FOLLOWING ARE PRINCIPALS: 1. Those who take a direct part in the execution of the act (PRINCIPAL BY DIRECT PARTICIPATION) 2. Those who directly force or induce others to commit it (PRINCIPAL BY INDUCTION) 3. Those who cooperate in the commission of the offense by another act without which it would not have been accomplished (PRINCIPAL BY INDISPENSABLE COOPERATION). Par. 1 Principals by direct participation REQUISITES: That they participated in the criminal resolution; and That they carried out their plan and personally took part in its execution by acts which directly tended to the same end. When the second requisite is lacking, there is only conspiracy. 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, personally taking part in its execution. Par. 2 Principals by induction REQUISITES: 1. That the inducement be made directly with the intention of procuring the commission of the crime; and 2. That such inducement be the determining cause of the commission of the crime by the material executor. 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. Thus, there can be no principal by inducement (or by indispensable cooperation) unless there is a principal by direct participation. But there can be a principal by direct participation without a principal by inducement (or by indispensable cooperation).

1. By directly forcing another to commit a crime by a) Using irresistible force. b) Causing uncontrollable fear. In these cases, there is no conspiracy, not even a unity of criminal purpose and intention. Only the one using the force or causing the fear is criminally liable. The material executor is not criminally liable because of Art. 12, pars. 5 and 6 (exempting circumstances) 2. By directly inducing another to commit a crime by a) Giving of price, or offering of reward or promise. 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. There is collective criminal responsibility. 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. There is also collective criminal responsibility. The inducement must precede the act induced and must be so influential in producing the criminal act that without it, the act would not have been performed. If the person who actually committed the crime had reason of his own to commit the crime, it cannot be said that the inducement was influential in producing the criminal act. PRINCIPAL BY INDUCEMENT In both
There is an inducement to commit a crime

OFFENDER WHO MADE PROPOSAL TO COMMIT A FELONY

When liable
Becomes liable only when the crime is committed by the principal by direct participation. The mere proposal to commit a felony is punishable in treason or rebellion. However, the person to whom the proposal is made should not commit the crime,

TWO WAYS OF BECOMING PRINCIPAL BY INDUCTION:

otherwise, the proponent becomes a principal by inducement.

Involves any crime

The proposal to be punishable must involve only treason, rebellion, insurrection or coup d etat. (TRIC)

What kind of crime involved EFFECTS OF ACQUITTAL OF PRINCIPAL BY DIRECT PARTICIPATION UPON LIABILITY OF PRINCIPAL BY INDUCEMENT: 1. Conspiracy is negatived by the acquittal of co-defendant. 2. 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. But if the one charged as principal by direct participation is acquitted because he acted without criminal intent or malice, his acquittal is not a ground for the acquittal of the principal by inducement. REASON FOR THE RULE: In exempting circumstances, such as when the act is not voluntary because of lack of intent on the part of the accused, there is a crime committed, only that the accused is not a criminal. by indispensable

the same extent. The penalty to be imposed must be the same for all. Principals by direct participation have collective criminal responsibility. Principals by induction, except those who directly forced another to commit a crime, and principals by direct participation have collective criminal responsibility. Principals by indispensable cooperation have collective criminal responsibilities with the principals by direct participation.

INDIVIDUAL CRIMINAL RESPONSIBILITY In the absence of any previous conspiracy, unity of criminal purpose and intention immediately before the commission of the crime, or community of criminal design, the criminal responsibility arising from different acts directed against one and the same person is individual and not collective, and each of the participants is liable only for the act committed by him.

Par. 3 Principal cooperation

ART. 18 ACCOMPLICES ACCOMPLICES - are persons who, not acting as principals, cooperate in the execution of the offense by previous and simultaneous acts, which are not indispensable to the commission of the crime. They act as mere instruments who perform acts not essential to the perpetration of the offense. REQUISITES: 1. That there be community of design; that is, knowing the criminal design of the principal by direct participation, he concurs with the latter his purpose; 2. That he cooperates in the execution of the offense by previous or simultaneous acts, with the intention of supplying material or moral aid in the execution of the crime in an efficacious way; and 3. That there be a relation between the acts done by the principal and those attributed to the person charged as an accomplice. Before there could be an accomplice, there must be a principal by direct participation.

REQUISITES: 1. Participation in the criminal resolution, that is, there is either anterior conspiracy or unity of criminal purpose and intention immediately before the commission of the crime charged; and 2. Cooperation in the commission of the offense by performing another act, without which it would not have been accomplished. MEANING OF cooperation in the commission of the offense Means to desire or wish in common a thing. But that common will or purpose does not necessarily mean previous understanding, for it can be explained or inferred from the circumstances of each case. If the cooperation is not indispensable, the offender is only an accomplice.

COLLECTIVE CRIMINAL RESPONSIBILITY This is present when the offenders are criminally liable in the same manner and to

The person charged as an accomplice should not have inflicted a mortal wound. If he inflicted a mortal wound, he becomes a principal by direct participation. In case of doubt, the participation of the offender will be considered that of an accomplice rather than that of a principal. ACCOMPLICE CONSPIRATOR

REQUISITES: a) The accessory is a public officer. b) He harbors, conceals, or assists in the escape of the principal. c) The public officer acts with abuse of his public functions. d) The crime committed by the principal is any crime, provided it is not a light felony. 2. Private persons who harbor, conceal or assist in the escape of the author of the crime who is guilty of treason, parricide, murder, or attempts against the life of the President, or who is known to be habitually guilty of some other crime. REQUISITES: a) The accessory is a private person. b) He harbors, conceals or assists in the escape of the author of the crime. c) The crime committed by the principal is either: i. Treason; ii. Parricide; iii. Murder; iv. An attempt against the life of the President; or v. That the principal is known to be habitually guilty of some other crime. Where the alleged principal is acquitted, it is neither proper nor possible to convict the defendant as an accessory. The responsibility of the accessory is subordinate to that of the principal in a crime HOWEVER, conviction of an accessory is possible notwithstanding the acquittal of the principal, if the crime was in fact committed, but the principal was not held liable, because of an exempting circumstance (Art. 12), such as insanity or minority. Neither the letter nor the spirit of the law requires that the principal be convicted before one may be punished as an accessory. As long as the corpus delicti is proved and the accessorys participation as such is shown, he can be held criminally responsible and meted out the corresponding penalty (Inovero vs. Coronel, CA, 65 O.G. 3160). The prescribed acts of the accessory under par. 2 must have been intended to prevent the discovery of the crime, hence, mere silence does not make one an accessory. If, however, the crime involved is a conspiracy to commit treason, his silence may hold him liable for misprision

In both they know and agree with the criminal design. They come to know about it after the principals have reached the decision, and only then do they agree to cooperate in its execution. They are merely instruments who perform acts not essential to the perpetration of the offense They come to know the criminal intention because they themselves have decided upon such course of action. They are the authors of a crime

ART. 19 ACCESSORIES ACCESSORIES - are those who: 1. Having knowledge of the commission of the crime; and 2. without having participated therein either as principals or accomplices, take part subsequent to its commission in any of the following acts: a) By profiting themselves or assisting the offender to profit by the effects of the crime. b) Assisting the offender to profit by the effects of the crime. c) By concealing or destroying the body of the crime to prevent its discovery. In profiting by the effects of the crime, the accessory must receive the property from the principal. He should not take it without the consent of the principal. If he took it without the consent of the principal, he is not an accessory but a principal in the crime of theft.

TWO CLASSES OF ACCESSORIES CONTEMPLATED IN PAR. 3 OF ART. 19: 1. Public officers who harbor, conceal or assist in the escape of the principal of any crime (not light felony) with abuse of his public functions.

of treason (Art. 116) but as a principal thereof. Where the accused misleads the authorities by giving them false information, such act is equivalent to concealment and he should be held as an accessory.

Anti-Fencing Law of 1979 Pres. Decree 1612 FENCING is an act, with intent to gain, of buying, selling, receiving, possessing, keeping, 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. FENCE is a person who commits the act of fencing. A fence who receives stolen property as above-provided 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. ART. 20 ACCESSORIES WHO ARE EXEMPT FROM CRIMINAL LIABLITY The exemption provided for in this article is based on the ties of blood and the preservation of the cleanliness of ones name, which compels one to conceal crimes committed by relatives so near as those mentioned in this article.

P.D. 1829 penalizes the act of any person who knowingly or willfully obstructs, impedes, frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal cases. The benefits of the exception in Art. 20 do not apply to PD 1829.

TITLE THREE: PENALTIES Chapter One: Penalties in General (Arts. 21-24) PENALTY is the suffering that is inflicted by the State for the transgression of the law. DIFFERENT JURIDICAL CONDITIONS OF PENALTY: 1. Must be productive of suffering, without however affecting the integrity of the human personality. 2. Must be commensurate with the offense different crimes must be punished with different penalties. 3. Must be personal no one should be punished for the crime of another. 4. Must be legal it is the consequence of a judgment according to law. 5. Must be certain no one may escape its effects. 6. Must be equal for all. 7. Must be correctional. PURPOSE OF THE STATE IN PUNISHING CRIMES: The State has an existence of its own to maintain, a conscience to assert, and moral principles to be vindicated. Penal justice must therefore be exercised by the State in the service and satisfaction of a duty, and rests primarily on the moral rightfulness of the punishment inflicted. The basis of the right to punish violations of penal law is the police power of the State.

AN ACCESSORY IS EXEMPT FROM CRIMINAL LIABLITY WHEN THE PRINCIPAL IS HIS 1. spouse, or 2. ascendant, or 3. descendant, or 4. legitimate, natural or adopted brother, sister or relative by affinity within the same degree.

ACCESSORY IS NOT EXEMPT FROM CRIMINAL LIABILITY EVEN IF THE PRINCIPAL IS RELATED TO HIM, IF SUCH ACCESSORY: 1. profited by the effects of the crime, or 2. assisted the offender to profit by the effects of the crime. REASON: Because such acts are prompted not by affection but by a detestable greed. Public officer contemplated in par. 3 of Art. 19 is exempt by reason of relationship to the principal, even if such public officer acted with abuse of his official functions. REASON: Ties of blood or relationship constitutes a more powerful incentive than the call of duty.

THEORIES JUSTIFYING PENALTY: 1. Prevention to prevent or suppress the danger to the State arising from the criminal act of the offender. 2. Self-defense so as to protect society from the threat and wrong inflicted by the criminal. 3. Reformation the object of punishment in criminal cases is to correct and reform the offender.

4. Exemplarity the criminal is punished to serve as an example to deter others from committing crimes. 5. Justice that crime must be punished by the State as an act of retributive justice, a vindication of absolute right and moral law violated by the criminal. THREE-FOLD PURPOSE OF PENALTY UNDER THE CODE: 1. Retribution or expiation the penalty is commensurate with the gravity of the offense. 2. Correction or reformation shown by the rules which regulate the execution of the penalties consisting in deprivation of liberty. 3. Social defense shown by its inflexible severity to recidivists and habitual delinquents. CONSTITUTIONAL RESTRICTION ON PENALTIES The Constitution directs that excessive fines shall not be imposed, nor cruel and unusual punishment inflicted. (Sec. 19 {1}, Art. 3) ART. 21 PENALTIES THAT MAY BE IMPOSED A felony shall be punishable only by the penalty prescribed by law at the time of its commission. It is a guaranty to the citizen of this country that no act of his, will be considered criminal until the Government has made it so by law and has provided a penalty. REASON: Because a law cannot be rationally obeyed unless it is first shown, and a man cannot be expected to obey an order that has not been given. ART. 22 RETROACTIVE EFFECT OF PENAL LAWS GENERAL RULE: Penal laws are applied prospectively. EXCEPTION: When retrospective application will be favorable to the person guilty of a felony, Provided that: 1. The offender is NOT a habitual criminal (delinquent) under Art. 62(5); 2. The new or amendatory law does NOT provide against its retrospective application. Habitual delinquent a person who, 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, robbery, theft, estafa, or falsification, is found guilty of any said crimes a third time or oftener. EX POST FACTO LAW An act which when committed was not a crime, cannot be made so by statute without violating the constitutional inhibition as to ex post facto laws. An ex post facto law is one which: 1. Makes criminal an act done before the passage of the law and which was innocent when done; 2. Aggravates a crime, or makes it greater than it was, when committed; 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 culprits 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.

Criminal liability under the repealed law subsists: 1. When the provisions of the former law are reenacted; or The right to punish offenses committed under an old penal law is not extinguished if the offenses are still punishable in the repealing penal law.

When the repeal is by implication; or 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. 2. When there is a saving clause. When the repeal is absolute, the offense ceases to be criminal. (People v. Tamayo) No retroactive effect of penal laws as regards jurisdiction of court. The jurisdiction of the court to try a criminal action is to be determined by the law in force at the time of instituting the action, not at the time of the commission of the crime.

offender, subsequent forgiveness by the wife as offended party shall also produce the same effect. 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. Nevertheless, civil liability may be extinguished by the EXRESS WAIVER of the offended party.

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

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 co-principals, accomplices and accessories after the fact. Rape (as amended by R.A. 8353) - 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

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 PENALTIES THE FOLLOWING ARE NOT 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. 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. Par. 1 does not refer to the confinement of an insane or imbecile who has not been arrested for a crime. It refers to accused persons who are detained by reason of insanity or imbecility. Paragraphs 3 and 4 refer to administrative suspension and administrative fines and not to suspension or fine as penalties for violations of the RPC. 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 quasi-recidivism presupposes the commission of a crime during the service of the penalty for a previous crime.

CLASSIFICATION OF PENALTIES UNDER ARTICLE 25: 1. Based on their severity or gravity a) Capital, b) Afflictive, c) Correctional, d) Light This classification corresponds to the classification of felonies in Art. 9, into grave, less grave and light. 2. Based on their nature a) Principal penalties those expressly imposed by the court in the judgment of conviction. May be further classified based on divisibility i. Divisible are those that have fixed duration and are divisible into three periods. ii. Indivisible are those which have no fixed duration. These are: 1) Death 2) Reclusin perpetua 3) Perpetual absolute or special disqualification 4) Public censure b) Accessory penalties are those that are deemed included in the principal penalties. 3. Based on subject matter a) Corporal (death). b) Deprivation of freedom (reclusion, prision, arresto). c) Restriction of freedom (destierro). d) Deprivation of rights (disqualification and suspension). e) Pecuniary (fine). Perpetual or temporary absolute disqualification, perpetual or temporary special disqualification, and suspension may be principal or accessory penalties.

Chapter Two: Classification of Penalties (Arts. 25-26) ART. 25 PENALTIES WHICH MAY BE IMPOSED The scale in Art. 25 is only a general classification of penalties based on their severity, nature and subject matter. The scale of penalties in Art. 70 is provided for successive service of sentences imposed on the same accused, in consideration of their severity and natures. The scales in Art. 71 are for the purpose of graduating the penalties by degrees in accordance with the rules in Art. 61.

EXAMPLES: 1. Perpetual absolute disqualification is a principal penalty in prevaricacion (Art. 204) and perpetual special disqualification, in malversation (Art. 217). 2. Temporary absolute disqualification is a principal penalty when the accessory acts with abuse of public functions (Art, 19[3] and Art. 58) and temporary special disqualification, in direct bribery (Art. 206). 3. Suspension is a principal penalty in rendition of unjust interlocutory orders (Art. 206).

Bond to keep the peace is imposed only in the crime of threats (Art. 284), either grave (Art. 282) or light (Art. 283).

4.

ART. 26 FINE WHEN AFFLICTIVE, CORRECTIONAL OR LIGHT FINE IS: 1. Afflictive over P6,000.00 2. Correctional P200.00 to P6,000.00 3. Light penalty less than P200.00 Same basis may be applied to Bond to keep the peace by analogy. This article determines the classification of a fine whether imposed as a single or as an alternative penalty for a crime. The rule herein does not apply where the fine involved is in a compound penalty, that is, it is imposed in conjunction with another penalty. Where the fine in question is exactly P200, under Art. 9 it is a light felony, hence the felony involved is a light felony; whereas under Art. 26, it is a correctional penalty, hence the offense involved is a less grave felony. It has been held that this discrepancy should be resolved liberally in favor of the accused, hence Art. 9 prevails over Art. 26 (People vs. Yu Hai, 99 Phil. 725). HOWEVER, according to Justice Regalado there is no such discrepancy. What is really in issue is the prescription of the offense vis-a-vis the prescription of the penalty, the former being the forfeiture of the right of the State to prosecute the offender and the latter being the loss of its power to enforce the judgment against the convict. 5. 6. 7.

accessory penalty, in which case its duration is that of the principal penalty. Prisin correccional, suspensin, and destierro 6 mos. and 1 day to 6 yrs., except when suspensin is an accessory penalty, in which case its duration is that of the principal penalty. Arresto mayor 1 mo. And 1 day to 6 mos. Arresto menor 1 day to 30 days Bond to keep the peace the period during which the bond shall be effective is discretionary on the court. Destierro is a principal, correctional and divisible penalty.

In what cases is destierro imposed? 1. Serious physical injuries or death under exceptional circumstances. (Art. 247) 2. In case of failure to give bond for good behavior. (Art. 284) 3. As a penalty for the concubine in concubinage. (Art. 334) 4. In cases where after reducing the penalty by one or more degrees, destierro is the proper penalty.

ART. 28 COMPUTATION OF PENALTIES 1. When the offender is in prison the duration of temporary penalties is from the day on which the judgment of conviction becomes final. 2. When the offender is not in prison the duration of penalties consisting in 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. The duration of other penalties the duration is from the day on which the offender commences to serve his sentence.

Chapter Three: Duration and Effects of Penalties (Arts. 27-45) Section One Duration of Penalties ART. 27 DURATION OF EACH DIFFERENT PENALTIES 1. Reclusin perpetua 20 yrs. and 1 day to 40 yrs. 2. Reclusin temporal 12 yrs. and 1 day to 20 yrs. 3. Prisin mayor and temporary disqualification 6 yrs. and 1 day to 12 yrs., except when disqualification is an

ART. 29 PERIOD OF PREVENTIVE IMPRISONMENT DEDUCTED FROM TERM OF IMPRISONMENT Preventive imprisonment is the period of detention undergone by an accused where the crime with which he is charged is non-bailable or, even if bailable, he is unable to post the requisite bail.

These rules on preventive imprisonment apply to all sentences regardless of the duration thereof, including the so-called perpetual penalties as long as they involve deprivation of liberty. It applies to destierro.

Perpetual absolute disqualification is effective during the lifetime of the convict and even after the service of the sentence. Temporary absolute disqualification lasts during the term of the sentence, and is removed after the service of the same. EXCEPT: a) Deprivation of the public office or employment, and b) Loss of all rights to retirement pay or other pension for any office formerly held.

When is the detention prisoner entitled to the full credit of his preventive imprisonment? If the detention prisoner agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners. When will he be credited only with fourfifths the time during which he has undergone preventive imprisonment? 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, he shall be credited in the service of his sentence with the full time of his actual detention, whether or not he agreed to abide by the same disciplinary rules of the institution.

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. IS

CIVIL INTERDICTION IN ART. 34 IMPOSED WHEN THE PENALTY IS: 1. Death which is not carried out, 2. Reclusin perpetua,or 3. Reclusin temporal

ART. 36 PARDON; ITS EFFECTS EFFECTS OF PARDON BY THE PRESIDENT: 1. A pardon shall not restore the right to hold public office or the right of suffrage. EXCEPTION: When any or both such rights is/are expressly restored by the terms of the pardon. 2. It shall not exempt the culprit from the payment of the civil liability. LIMITATIONS UPON THE EXERCISE OF THE PARDONING POWER: 1. That the power can be exercised only after conviction by final judgment; 2. That such power does not extend to cases of impeachment. GENERAL RULE: When the principal penalty is remitted by pardon, only the effect of that principal penalty is extinguished, but not the accessory penalties attached to it. EXCEPTION: When an absolute pardon is granted after the term of imprisonment has expired, it removes what is left of the consequences of conviction.

The following offenders are not entitled to be credited with the full time or four-fifths of the time of preventive imprisonment: 1. Recidivists or those convicted previously twice or more times of any crime. 2. Those who, upon being summoned for the execution of their sentence, failed to surrender voluntarily. Habitual delinquents are included in No. 1. No. 2 refers to convicts who failed to voluntarily surrender to serve their penalties under a final judgment, since this is indicative of a greater defiance of authority. It does not refer to failure or refusal to voluntarily surrender after the commission of the crime.

Section Two Effects of the penalties according to their respective nature. A plebiscite is not mentioned or contemplated in Art.30, par. 2 (deprivation of the right to vote), hence, the offender may vote in that exercise, subject to the provisions of pertinent election laws at the time.

PARDON BY THE CHIEF EXECUTIVE (ART. 36)

PARDON BY OFFENDED PARTY (ART. 23)

As to the crime covered As to extinguishment of criminal liability

Extinguishes liability. criminal Does not extinguish criminal liability although it may constitute a bar to the prosecution of the offender in seduction, abduction and acts of lasciviousness by the valid marriage of the victim and the offender, and in adultery and concubinage, by the express or implied pardon by the offended spouse The offended party can waive the civil liability.

Can extend to any crime, unless otherwise provided by or subject to conditions in the Constitution or the laws.

Applies only to crimes against chastity under the RPC.

the costs are de oficio, meaning each party bearing his own expenses. No costs shall be allowed against the Republic of the Philippines, unless otherwise provided by law. The payment of costs is a matter that rests entirely upon the discretion of courts.

ART. 38 - PECUNIARY LIABILITIES What are the pecuniary liabilities of persons criminally liable? They are, in the following order: 1. The reparation of the damage caused 2. Indemnification of the consequential damages 3. Fine 4. Costs of proceedings. When is Art.38 applicable? In case the property of the offender should not be sufficient for the payment of all his pecuniary liabilities.

As to the effect on civil liability

Cannot affect the civil liability ex delicto of the offender.

When granted
Can be extended only after conviction by final judgment of the accused. Can be validly granted only before the institution of the criminal action. In seduction, abduction and acts of lasciviousness, it benefits the coprincipals, accomplices and accessories; In adultery and concubinage, must include both offenders. Cannot validly be made subject to a condition.

To whom granted
To any or all of the accused

ART. 39 SUBSIDIARY PENALTY Subsidiary penalty it is a subsidiary personal liability to be suffered by the convict who has no property with which to meet the fine, at the rate of one day for each eight pesos (P8.00), subject to the rules provided for in Art. 39. Subsidiary penalty shall be proper only if the accused has no property with which to pay the fine, and not as a matter of choice on his part by opting to go to jail instead of paying. Subsidiary penalty is not an accessory penalty, hence it must be specifically imposed by the court in its judgment, otherwise the accused cannot be made to serve the corresponding subsidiary imprisonment.

As to whether it can be conditional

May be absolute or conditional

ART. 37 COSTS Costs or costs of suit are the expenses of litigation allowed and regulated by the Rules of Court to be assessed against or to be recovered by a party in litigation. THE FOLLOWING ARE INCLUDED IN COSTS: 1. Fees, and 2. Indemnities, in the course of judicial proceedings. Are chargeable to the accused only in cases of conviction. In case of acquittal,

RULES AS TO SUBSIDIARY PENALTY: 1. If the penalty imposed is prisin correccional or arresto and fine subsidiary imprisonment is not to exceed

2.

3.

4.

5.

1/3 of the term of the sentence, and in no case to continue for more than one year. Fraction or part of a day, not counted. When the penalty imposed is fine only subsidiary imprisonment a) not to exceed 6 months if the culprit is prosecuted for grave or less grave felony, and b) not to exceed 15 days if prosecuted for light felony. When the penalty imposed is higher than prisin correccional no subsidiary imprisonment. If the penalty imposed is not to be executed by confinement, but of fixed duration subsidiary penalty shall consist in the same deprivations as those of the principal penalty, under the same rules as nos. 1, 2 and 3 above. In case the financial circumstances of the convict should improve, he shall pay the fine, notwithstanding the fact that the convict suffered subsidiary personal liability therefor. When the penalty prescribed for the offense is imprisonment, it is the penalty actually imposed by the Court, not the penalty provided for by the Code, which should be considered in determining whether or not subsidiary penalty should be imposed.

1. Death, when not executed by reason of commutation or pardon a) Perpetual absolute disqualification, and b) Civil interdiction during 30 years, if not expressly remitted in the pardon. 2. Reclusin perpetua and reclusin temporal a) Civil interdiction for life or during the sentence, and b) Perpetual absolute disqualification, unless expressly remitted in the pardon of the principal penalty. 3. Prisin mayor a) Temporary absolute disqualification, and b) Perpetual special disqualification from suffrage, unless expressly remitted in the pardon of the principal penalty. 4. Prisin correccional a) Suspension from public office, profession or calling, and b) Perpetual special disqualification from suffrage, if the duration of imprisonment exceeds 18 months, unless expressly remitted in the pardon of the principal penalty. There is perpetual special disqualification from suffrage, only when the duration of the imprisonment exceeds 18 months. 5. Arresto suspension of the right to hold office and the right of suffrage during the term of the sentence. The Code does not provide for any accessory penalty for destierro. RECLUSION PERPETUA
Has a specific duration of 20 years and 1 day to 40 years and accessory penalties. Imposable on felonies punished by the RPC.

NO SUBSIDIARY PENALTY SHALL BE IMPOSED WHERE: 1. The penalty imposed is higher than prisin correccional or 6 years, Additional penalty for habitual delinquency should be included in determining whether or not subsidiary penalty should be imposed. 2. For non-payment of reparation or indemnification 3. For non-payment of costs, 4. Where the penalty imposed is a fine and another penalty without fixed duration, like censure; and 5. The subsidiary penalty, though properly imposable is not expressly stated in the judgment. The rules on subsidiary penalty in Art. 39 are applicable to crimes punishable by special laws by force of Art. 10 of the Code.

LIFE IMPRISONMENT
Has no definite term or accessory penalties.

Imposable on crimes punishable by special laws.

ART. 45 CONFISCATION AND FORFEITURE OF THE PROCEEDS OF THE CRIME OUTLINE OF THE PROVISION OF THIS ARTICLE: 1. Every penalty imposed carries with it the forfeiture of the proceeds of the crime and

Section Three Penalties in which other accessory penalties are inherent OUTLINE OF ACCESSORY PENALTIES INHERENT IN PRINCIPAL PENALTIES

the instruments or tools used in the commission of the crime. 2. The proceeds and instruments or tools of the crime are confiscated and forfeited in favor of the Government. 3. Property of a third person not liable for the offense, is not subject to confiscation and forfeiture. 4. Property not subject of lawful commerce (whether it belongs to the accused or to third person) shall be destroyed. The confiscation and forfeiture of the proceeds and instruments of a crime is an accessory penalty. The provisions of Art. 45 cannot apply when: 1. The instruments belong to innocent third parties; 2. Such properties have not been placed under the jurisdiction of the court; and 3. When it is legally or physically impossible. This accessory penalty presupposes a judgment of conviction. However, even if the accused is acquitted on reasonable doubt, but the instruments or proceeds are contraband, the judgment of acquittal shall order their forfeiture for appropriate disposition.

circumstances attend the commission of the crime. ART. 47 - CASES WHEREIN THE DEATH PENALTY SHALL NOT BE IMPOSED 1. UNDER AGE. When the offender is below 18 years of age at the time of the commission of the crime. 2. OVER AGE. When the guilty person is more than seventy (70) years of age. 3. NO COURT MAJORITY. When upon appeal or automatic review of the case by the Supreme Court, the vote of eight members is not obtained for the imposition of the death penalty. Automatic review is available only in cases where death penalty is imposed (R.A. 7659). Social defense and exemplarity justify the penalty of death.

Chapter Four: Application of Penalties (Arts. 46-72) Section One Rules for application of penalties to the persons criminally liable and for the graduation of the same. ART. 46 - PENALTY TO BE IMPOSED UPON PRINCIPALS IN GENERAL GENERAL RULE: The penalty prescribed by law in general terms shall be imposed upon the principals for a consummated felony. EXCEPTION: When the penalty to be imposed upon the principal in frustrated or attempted felony is fixed by law. GRADUATION OF PENALTIES: 1. BY DEGREES refers to a) the stages of execution (consummated, frustrated, or attempted); and b) the degree of the criminal participation of the offender (whether as principal, accomplice or accessory). 2. BY PERIODS refers to the proper period of the penalty which should be imposed when aggravating or mitigating

CRIMES PUNISHABLE BY DEATH UNDER THE DEATH PENALTY LAW (RA 7659) 1. Treason 2. Qualified Piracy 3. Qualified Bribery 4. Parricide 5. Murder 6. Infanticide 7. Kidnapping and Serious Illegal Detention 8. Robbery with Homicide, Rape, Intentional Mutilation, or Arson 9. Rape with the use of a deadly weapon, or by two or more persons - where the victim became insane - with Homicide 10. Qualified Rape 11. Destructive Arson 12. Plunder 13. Violation of certain provisions of the Dangerous Drugs Act 14. Carnapping BASIS OF THE DEATH PENALTY LAW (R.A. 7659) It is based on the Classical Theory, under which the basis of criminal responsibility is the existence of the offenders free will and the purpose of the penalty is retribution. The imposition of penalty under this theory endeavors to establish a mechanical and direct proportion between the crime and the penalty.

 ART. 48 - COMPLEX CRIMES CONCEPT: 1. In complex crime, although 2 or more crimes are actually committed, they constitute only one crime in the eyes of the law as well as in the conscience of the offender. 2. The offender has only one criminal intent, hence there is only one penalty imposed for the commission of a complex crime. TWO KINDS OF COMPLEX CRIMES: 1. COMPOUND CRIME (delito compuesto) a single act constitutes 2 or more grave or less grave felonies. REQUISITES: a) That only a single act is performed by the offender; b) That the single act produces: (1) two or more grave felonies, or (2) one or more grave and one or more less grave felonies. 2. COMPLEX CRIME PROPER (delito complejo) an offense is a necessary means for committing the other. REQUISITES: a) That at least two offenses are committed; b) That one or some of the offenses must be necessary to commit the other; c) That both or all of the offenses must be punished under the same statute. NO COMPLEX CRIME IN THE FOLLOWING CASES: 1. In case of continuing crimes 2. When one offense is committed to conceal the other. 3. When the other crime is an indispensable part or an element of the other offenses. 4. Where one of the offenses is penalized by a special law. RULES IN ART. 48 ARE NOT APPLICABLE: 1. When the crimes subject of the case have common elements; 2. When the crimes involved are subject to the rule of absorption of one crime by the other; 3. Where the two offenses resulting from a single act are specifically punished as a single crime, such as less serious physical injuries with serious slander of deed, since this is punished under Art. 265 par. 2, as the single crime of less serious physical injuries with ignominy; 4. In special complex crimes; 5. When the crimes involved cannot be legally complexed, viz:

a) Malicious obtention or abusive service of search warrant (Art. 129) with perjury; b) Bribery (Art. 210) with infidelity in the custody of prisoners; c) Maltreatment of prisoners (Art. 235) with serious physical injuries; d) Usurpation of real rights (Art. 312) with serious physical injuries; and e) Abandonment of persons in danger (Art. 275) and crimes against minors (Arts. 276-278) with another felony. The penalty for complex crime is the penalty for the most serious crime, the same to be applied in its maximum period. If different crimes resulting from one single act are punished with the same penalty, the penalty for any one of them shall be imposed, the same to be applied in the maximum period. Art. 48 applies to crimes through negligence. E.g.: offender found guilty of a complex crime of homicide with less serious physical injuries through reckless imprudence. When 2 felonies constituting a complex crime are punishable by imprisonment and fine, respectively, only the penalty of imprisonment should be imposed. 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. 71 of the RPC. When a complex crime is charged and one offense is not proven, the accused can be convicted of the other. SPECIAL COMPLEX CRIME OR COMPOSITE CRIME
It is made up of two or more crimes which are considered only as components of a single indivisible offense being punished in one provision of the Revised Penal Code.

ORDINARY COMPLEX CRIME As to their Concept

It is made up of two or more crimes being punished in distinct provisions of the Revised Penal Code but alleged in one information either because they were brought about by a single felonious act or because one offense is a necessary means for committing the other offense or offenses.

As to Penalty

Penalty for the most serious crime shall be imposed and in its maximum period.

It is the penalty specifically provided for the special complex crime that shall be applied according to the rules on imposition of the penalty.

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. KINDS: 1. FORMAL OR IDEAL PLURALITY- only ONE CRIMINAL LIABILITY. THREE GROUPS UNDER THE FORMAL TYPE: a) When the offender commits any of the complex crimes in ART 48. b) When the law specifically fixes a single penalty for two or more offenses committed. c) When the offender commits continuing crimes. 2. REAL OR MATERIAL PLURALITY DIFFERENT CRIMES in law, as well as in the conscience of the offender; the offender shall be PUNISHED FOR EACH and every offense that he committed. CONTINUING CRIME is a single crime, consisting of a series of acts, but all arising from ONE CRIMINAL RESOLUTION; length of time in the commission is immaterial. REAL OR MATERIAL PLURALITY
1. There is a series of acts performed by the offender 2. Each act performed by the offender constitutes a separate crime, each act is generated by a criminal impulse

lower penalty shall be imposed in its maximum period. 2. If the penalty for the felony committed be lower than the penalty for the offense which the accused intended to commit, the lower penalty shall be imposed in its maximum period. 3. If the act committed also constitutes an attempt or frustration of another crime, and the law prescribes a higher penalty for either of the latter, the penalty for the attempted or frustrated crime shall be imposed in its maximum period. Art. 49 applies only when there is a mistake in the identity of the victim of the crime, and the penalty for the crime committed is different from that for the crime intended to be committed.

ART. 59 - PENALTY TO BE IMPOSED IN CASE OF FAILURE TO COMMIT THE CRIME BECAUSE THE MEANS EMPLOYED OR THE AIMS SOUGHT ARE IMPOSSIBLE The penalty for impossible crime is Arresto Mayor (imprisonment of 1 mo and 1 day to 6 mos) or fine ranging from 200-500pesos. BASIS FOR THE IMPOSITION OF PROPER PENALTY: 1. Social danger; and 2. Degree of criminality shown by the offender ART. 61 - RULES OF GRADUATING PENALTIES According to Arts. 50-57, the penalty prescribed by law for the felony shall be lowered by one or two degrees, as follows: 1. For the principal in frustrated felony one degree lower; 2. For the principal in attempted felony two degrees lower; 3. For the accomplice in consummated felony one degree lower; 4. For the accessory in consummated felony two degrees lower; DIAGRAM OF THE APPLICATION OF ARTS. 50- 57:
CONSUMMATED FRUSTRATED ATTEMPTED

CONTINUED CRIME
1. There is a series of acts performed by the offender 2. The different acts constitute only one crime, all of the acts performed arise from one criminal resolution

ART. 49 - PENALTY TO BE IMPOSED UPON THE PRINCIPALS WHEN THE CRIME COMMITTED IS DIFFERENT FROM THAT INTENDED RULES: 1. If the penalty for the felony committed be higher than the penalty for the offense which the accused intended to commit, the

Principal Accomplice

0 1

1 2

2 3

Accessory

In this diagram, 0 represents the penalty prescribed by law in defining a crime, which is to be imposed on the principal in a consummated offense, in accordance with the provisions of Art. 64. The other figures represent the degrees to which the penalty must be lowered, to meet the different situations anticipated by law. EXCEPTIONS TO THE RULES ESTABLISHED IN ARTS. 50 TO 57: Arts. 50 to 57 shall not apply to cases where the law expressly prescribes the penalty for a frustrated or attempted felony, or to be imposed upon accomplices or accessories. (Art. 60) Mitigating and aggravating circumstances are disregarded in the application of the rules for graduating penalties.

committed, and, within 10 years from his last release or last conviction, he was again convicted of any of said offenses, the third time or oftener. Habituality distinguished from recidivism HABITUAL RECIDIVISM DELIQUENCY As to the CRIMES committed
The crimes specified are It is sufficient that the accused on the date of his trial, shall have been previously convicted by final judgment of another crime embraced in the same title.

As to the PERIOD of time the crimes are committed

The offender is found guilty within ten years from his last release or last conviction. No period of time between the former conviction and the last conviction.

As to the NUMBER of crimes committed

The accused must be found guilty the third time or oftener of the crimes specified. The second offense is for an offense found in the same title.

Section Two Rules for the application of penalties with regard to the mitigating and aggravating circumstances, and habitual delinquency ART. 62. EFFECTS OF THE ATTENDANCE OF MITIGATING OR AGGRAVATING CIRCUMSTANCES AND OF HABITUAL DELIQUENCY EFFECTS: 1. Aggravating circumstances (generic and specific) have the effect of increasing the penalty, without however exceeding the maximum period provided by law. 2. Mitigating circumstances have the effect of diminishing the penalty. 3. Habitual delinquency has the effect, not only of increasing the penalty because of recidivism which is generally implied in habitual delinquency, but also of imposing an additional penalty. REQUISITES OF HABITUAL DELIQUENCY: a) that the offender had been convicted of any of the crimes of serious or less serious physical injuries, robbery, theft, estafa or falsification. b) that after conviction or after serving his sentence, he again committed, and, within 10 years from his last release of first conviction, he was again convicted of any of the said crimes for the second time. c) that after his conviction of, or after serving sentence for the second offense, he again

As to their EFFECTS
An additional penalty is also imposed If not offset by a mitigating circumstance, serves to increase the penalty only to the maximum

ART. 63 RULES FOR THE APPLICATION OF INDIVISIBLE PENALTIES OUTLINE OF THE RULES: 1. When the penalty is single indivisible, it shall be applied regardless of any mitigating (except if privilege mitigating) or aggravating circumstances. 2. When the penalty is composed of two indivisible penalties, the following rules shall be observed: a) When there is only one aggravating circumstance, the greater penalty shall be imposed. b) When there is neither mitigating nor aggravating circumstances, the lesser penalty shall be imposed. c) When there is a mitigating circumstance and no aggravating circumstance, the lesser penalty shall be imposed. d) When both mitigating and aggravating circumstances are present, the court shall allow them to offset one another.

When the penalty is composed of two indivisible penalties, the penalty cannot be lowered by one degree, no matter how many mitigating circumstances are present. EXCEPTION: When a privileged mitigating circumstance under Art. 68 or Art. 69 is present. ART. 64 - RULES FOR THE APPLICATION OF PENALTIES, WHICH CONTAIN THREE PERIODS

3. The court may also consider: gravity of the crime committed; heinousness of it s perpetration; the magnitude of its effects offenders victims.

(1) (2) and on

the the (3) the

ART. 68 - PENALTY TO BE IMPOSED UPON A PERSON UNDER EIGHTEEN YEARS OF AGE APPLICATION OF ART. 68: This article is not immediately applicable to a minor under 18 years of age, because such minor, if found guilty of the offense charged, is not sentenced to any penalty. The sentence is suspended and he is ordered committed to the reformatory institution, if the court therefor approves his application. This article is applicable when the minors application for suspension of sentence is DISAPPROVED or if while in the reformatory institution he becomes INCORRIGIBLE, in which case he shall be returned to the court for the imposition of the proper penalty.

OUTLINE OF THE RULES: 1. No aggravating and no mitigating medium period. 2. Only mitigating minimum period. 3. Only aggravating maximum period. 4. Where there are aggravating and mitigating the court shall offset those of one class against the other according to their relative weight. 5. Two or more mitigating and no aggravating penalty next lower, in the period applicable, according to the number and nature of such circumstances. 6. No penalty greater than the maximum period of the penalty prescribed by law shall be imposed, no matter how many aggravating circumstances are present. 7. The court can determine the extent of the penalty within the limits of each period, according to the number and nature of the aggravating and mitigating circumstances and the greater or lesser extent of the evil produced by the crime. CASES IN WHICH MITIGATING AND AGGRAVATING CIRCUMSTANCES ARE NOT CONSIDERED IN THE IMPOSITION OF PENALTY: 1. When the penalty is single and indivisible (except if privileged mitigating) 2. In felonies through negligence 3. When the penalty is only a fine imposed by an ordinance 4. When the penalties are prescribed by special laws. ART. 66 - IMPOSITION OF FINES OUTLINE OF THE PROVISION: 1. The court can fix any amount of the fine within the limits established by law. 2. The court must consider: (1) the mitigating and aggravating circumstances; and (2) more particularly, the wealth or means of the culprit.

ART. 70 - SUCCESSIVE SERVICE OF SENTENCE THE THREE-FOLD RULE: 1. THE MAXIMUM DURATION OF THE CONVICTS SENTENCE shall not be more than three times the length of time corresponding to the most severe of the penalties imposed upon him. 2. But in no case to exceed 40 years. 3. This rule shall apply only when the convict is to serve 4 or more sentences successively. 4. Subsidiary penalty forms part of the penalty. DIFFERENT SYSTEMS OF PENALTY, RELATIVE TO THE EXECUTION OF TWO OR MORE PENALTIES IMPOSED ON ONE AND THE SAME ACCUSED: 1. Material accumulation system No limitation whatever, and accordingly, all the penalties for all the violations were imposed even if they reached beyond the natural span of human life. 2. Juridical accumulation system Limited to not more than three-fold the length of time corresponding to the most severe and in no case to exceed 40 years. This is followed in our jurisdiction.

3. Absorption system The lesser penalties are absorbed by the graver penalties. ARTICLE 25
Penalties are classified into principal and accessory penalties. The principal penalties are subdivided into capital, afflictive, correctional and light.

the accused to an indeterminate sentence, which has a maximum and a minimum term based on the penalty actually imposed. ISL application is mandatory, where imprisonment would exceed one year. IF THE PENALTY IS IMPOSED BY THE RPC: 1. The Maximum Term is that which could be properly imposed under the RPC, considering the aggravating and mitigating circumstances. 2. The Minimum Term is within the range of the penalty one degree lower than that prescribed by the RPC, without considering the circumstances. BUT when there is a privileged mitigating circumstance, so that the penalty has to be lowered by one degree, 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.

ARTICLE 70
Classifies the penalties, for the purpose of the successsive service of sentences, according to their severity.

ARTICLE 71
Provides for the scales which should be observed in graduating the penalties by degrees in accordance with Art. 61.

I.

ART. 72 - PREFERENCE IN THE PAYMENT OF CIVIL LIABILITIES Civil liability is satisfied by following the chronological order of the dates of the final judgment. Section Three Provisions common in the last two preceding sections (Arts. 73-77) ART. 77 - WHEN THE PENALTY IS A COMPLEX ONE COMPOSED OF THREE DISTINCT PENALTIES COMPLEX PENALTY - is a penalty prescribed by law composed of three distinct penalties, each forming a period: the lightest of them shall be the minimum, the next the medium, and the most severe the maximum period. INDETERMINATE SENTENCE LAW (ISL) Act No. 4103 as amended by Act No. 4225 CONCEPT OF INDETERMINATE SENTENCE is a sentence with a minimum term and a maximum term which, the court is mandated to impose for the benefit of a guilty person who is not disqualified therefore, when the maximum imprisonment exceeds one (1) year. It applies to both violations of Revised Penal Code and special laws. PURPOSE: To uplift and redeem valuable human material, and prevent unnecessary and excessive deprivation of personal liberty and economic usefulness. A. SENTENCE IN THE ISL In imposing a prison sentence for an offense punished by the Revised Penal Code or special penal laws, the court shall sentence

II. IF THE PENALTY IS IMPOSED BY SPECIAL PENAL LAW 1. The Maximum Term must not exceed the maximum term fixed by said law. 2. The Minimum Term must not be less than the minimum term prescribed by the same. For SPECIAL LAWS, it is anything within the inclusive range of the prescribed penalty. Courts are given discretion in the imposition of the indeterminate penalty. 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 reclusin perpetua and the like).

B. WHEN BENEFIT OF THE ISL IS NOT APPLICABLE: The Indeterminate Sentence Law shall not apply to the following persons: 1. sentenced to death penalty or life imprisonment 2. treason, or conspiracy or proposal to commit treason 3. misprision of treason, rebellion, sedition or espionage 4. piracy 5. habitual delinquents

6. escaped from confinement, or evaded sentence granted with conditional pardon by the President, but violated the terms thereof 7. maximum term of imprisonment does not exceed 1 year 8. sentenced to the penalty of destierro or suspension only C. RELEASE OF THE PRISONER ON PAROLE The Board of Pardons and Parole may authorize the release of a prisoner on parole, after he shall have served the minimum penalty imposed on him, provided that: a) Such prisoner is fitted by his training for release, b) There is reasonable probability that he will live and remain at liberty without violating the law, c) Such release will not be incompatible with the welfare of society. D. 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, (b) shall not violate any law, the Board may issue a final certification in his favor, for his final release and discharge. E. 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, and thereafter, (b) the prisoner shall serve the remaining unexpired portion of the maximum sentence for which he was originally committed to prison. F. REASONS FOR FIXING THE MAXIMUM AND MINIMUM TERMS IN THE INDETERMINATE SENTENCE The minimum and maximum terms in the IS must be fixed, because they are the basis for the following: 1. Whenever a prisoner has: (a) served the MINIMUM penalty imposed on him, and (b) is fit for release of the prisoner on parole, upon terms and conditions prescribed by the Board. 2. But when the paroled prisoner violates any of the conditions of his parole during the period of surveillance, he may be rearrested to serve the remaining unexpired portion of the MAXIMUM sentence.

3. Even if a prisoner has already served the MINIMUM, but he is not fitted for release on the parole, he shall continue to serve until the end of the MAXIMUM term.

PROBATION LAW OF 1976 (PD 968, AS AMENDED) A. CONCEPT PROBATION is 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. Probation is not an absolute right. It is a mere privilege whose grant rests upon the discretion of the trial court. Its grant is subject to certain terms and conditions that may be imposed by the trial court. Having the power to grant the probation, it follows that the trial court also has the power to order its revocation in a proper case and under proper circumstances. B. PURPOSES: 1. To promote the correction and rehabilitation of an offender by providing him with individualized treatment; 2. To provide an opportunity for the reformation of a penitent offender which might be less probable if he were to serve a prison sentence; and 3. To prevent the commission of offenses. C. APPLICATION This shall apply to all offenders except those entitled to benefits under PD 603 and similar laws. D. RULES ON GRANT OF PROBATION: 1. After having convicted and sentenced a defendant, the trial court MAY SUSPEND the execution of the sentence, and place the defendant on probation, upon APPLICATION by the defendant within the period for perfecting an appeal. 2. Probation may be granted whether the sentence imposed a term of imprisonment or fine only. 3. NO application for probation shall be entertained or granted if the defendant has PERFECTED AN APPEAL from the judgment of conviction. 4. Filing of application for probation operates as a WAIVER OF THE RIGHT TO APPEAL.

5. The application shall be filed with the trial court, and the order granting or denying probation shall NOT BE APPEALABLE. 6. Accessory penalties are deemed suspended once probation is granted. E. POST-SENTENCE INVESTIGATION The convict is not immediately placed on probation. There shall be a prior investigation by the probation officer and a determination by the court. F. CRITERIA FOR PLACING OFFENDER ON PROBATION AN

2. Discretionary or special additional conditions listed, which the courts may additionally impose on the probationer towards his correction and rehabilitation outside prison. HOWEVER, the enumeration is not inclusive. Probation statutes are liberal in character and enable the courts to designate practically ANY term it chooses, as long as the probationers Constitutional rights are not jeopardized. Also, they must not be unduly restrictive of probationer, and not incompatible with the freedom of conscience of probationer. J. PERIOD OF PROBATION

The court shall consider: 1. All information relative to the character, antecedents, environment, mental, and physical condition of the offender. 2. Available institutional and community resources. G. PROBATION SHALL BE DENIED IF THE COURT FINDS THAT: 1. The offender is in need of correctional treatment that can be provided effectively by his commitment to an institution. 2. There is undue risk of committing another crime. 3. Probation will depreciate the seriousness of the offense committed. H. DISQUALIFIED OFFENDERS

FOR HOW LONG MAY A CONVICT BE PLACED ON PROBATION? 1. If the convict is sentenced to a term of imprisonment of NOT more than one year, the period of probation shall not exceed 2 years. 2. In all other cases, if he is sentenced to more than one year, said period shall not exceed 6 years. 3. When the sentence imposes a fine only and the offender is made to serve subsidiary imprisonment. The period of probation shall be twice the total number of days of subsidiary imprisonment. K. ARREST OF PROBATIONER AND SUBSEQUENT DISPOSITIONS 1. At any time during probation, the court may issue a warrant for the ARREST of a probationer for any serious violation of the conditions of probation. 2. If violation is established, the court may (a) REVOKE his probation, or (b) continue his probation and MODIFY the conditions thereof. This order is not appealable. 3. If revoked, the probationer shall SERVE the sentence originally imposed. L. TERMINATION OF PROBATION The court may order the final discharge of the probationer upon finding that, he has fulfilled the terms and conditions of his probation. M. EFFECTS OF TERMINATION OF PROBATION: 1. Case is deemed terminated. 2. Restoration of all civil rights lost or suspended. 3. Fully discharges liability for any fine imposed.

THE BENEFITS OF THE DECREE SHALL NOT BE EXTENDED TO THOSE: 1. Sentenced to serve a maximum term of imprisonment of more the 6 years. 2. Convicted of subversion or any crime against the national security or the public order. 3. 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. Once placed on probation. I. CONDITIONS OF PROBATION

2 KINDS OF CONDITIONS IMPOSED: 1. Mandatory or general once violated, the probation is cancelled. They are: a) Probationer: Presents himself to the probation officer designated to undertake his supervision, at such place as may be specified in the order, within 72 hours from receipt of order; b) He reports to the probation officer at least once a month.

Note that the probation is NOT coterminous with its period. There must be an order issued by the court discharging the probationer.

in which case he shall be proceeded against in accordance with Article 192. OUTLINE: A. The purpose of the Child and Youth Welfare Code is to avoid a situation where JUVENILE OFFENDERS would commingle with ordinary criminals in prison. B. If the court finds that the youthful offender committed the crime charged against him, it shall DETERMINE the imposable penalty and the civil liability chargeable against him. C. The court may not pronounce judgment of conviction but instead SUSPEND all further proceedings if, upon application of the youthful offender, it finds that the best interest of the public and that of the offender will be served thereby. D. The benefits of Article 192 of PD 603, as amended, providing for suspension of sentence, shall NOT APPLY TO (1) a youthful offender who once enjoyed suspension of sentence under its provisions, or (2) one who is convicted of an offense punishable by death or life imprisonment. E. The youthful offender shall be RETURNED to the committing court for pronouncement of judgment, when the youthful offender, (1) has been found incorrigible, or (2) has willfully failed to comply with the conditions of his rehabilitation programs; or (3) when his continued stay in the training institution would be inadvisable. F. When the youthful offender has reached the age of TWENTY-ONE (now EIGHTEEN) while in commitment, the court shall determine whether1. To DISMISS the case, if the youthful offender has behaved properly and has shown his capability to be a useful member of the community; or 2. To PRONOUNCE the judgment of conviction, if the conditions mentioned are not met.

Chapter Five: Execution and Service of Penalties (Arts. 78-88) ART. 79 - SUSPENSION OF THE EXECUTION AND SERVICE OF THE PENALTIES IN CASE OF INSANITY RULES REGARDING EXECUTION AND SERVICE OF PENALTIES IN CASE OF INSANITY: 1. When a convict becomes insane or imbecile after final sentence has been pronounced, the execution of such sentence is suspended only as regards the personal penalty. 2. If he recovers his reason, his sentence shall be executed unless the penalty has prescribed. 3. Even if while serving his sentence, the convict becomes insane or imbecile, the above provisions shall be observed. 4. But the payment of his civil or pecuniary liabilities shall not be suspended. ART. 83. SUSPENSION OF THE EXECUTION OF THE DEATH SENTENCE Death sentence shall be suspended when accused is a: 1. Woman, while pregnant; 2. Woman, within one year after delivery; 3. Person over 70 years of age; or 4. Convict who becomes insane, after final sentence of death has been pronounced. THE CHILD AND YOUTH WELFARE CODE (PD 603, as amended) Who is a Youthful Offender? A youthful offender is a child, minor, or youth, including one who is emancipated in accordance with law, who is over nine years but under eighteen years of age at the time of the commission of the offense. 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, or nearest relative or family friend in the discretion of the court and subject to its supervision 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, unless he acted with discernment,

G. In the latter case, the convicted offender may apply for PROBATION. In any case, the youthful offender shall be credited in the service of his sentence with the full time spent in actual commitment and detention. H. The final release of a youthful offender, based on good conduct as provided in Art.

I.

196 shall not obliterate his CIVIL LIABILITY for damages. A minor who is ALREADY AN ADULT at the time of his conviction is not entitled to a suspension of sentence.

committed survives and maybe pursued in a separate civil action. Sources of civil liability other than crime are law, contracts, quasicontracts and quasi-delicts. (People vs. Bayotas, G.R. No. 152007, September 2, 1994) AMNESTY is an act of the sovereign power granting oblivion or general pardon for a past offense, and is rarely if ever exercised in favor of a single individual, and is usually extended in behalf of certain classes of persons who are subject to trial but have not yet been convicted. PARDON is an act of grace, proceeding from the power entrusted with the execution of the laws, which exempts the individual on whom it is bestowed from the punishment the law inflicts for the crime he has committed. Pardon distinguished from amnesty PARDON AMNESTY
1. Includes any crime and is exercised individually by the President 2. Exercised when the person is already convicted 3. Merely looks FORWARD and relieves the offender from the consequences of an offense of which he has been convicted; it does not work for the restoration of the rights to hold public office, or the right of suffrage, unless such rights are expressly restored by means of pardon. 4. Does not alter the fact that the accused is a recidivist as it produces only the extinction of the personal effects of the penalty. 5. Does not extinguish the civil liability of the offender 6. Being PRIVATE ACT by the President, must be pleaded and proved by the person pardoned 1. A blanket pardon to classes of persons or communities who may be guilty of political offenses. 2. May be exercised even before trial or investigation is had 3. Looks BACKWARD and abolishes and puts into oblivion the offense itself; it so overlooks and obliterates the offense with which he is charged that the person released by amnesty stands before the law precisely as though he had committed no offense. 4. Makes an ex-convict no longer a recidivist, because it obliterates the last vestige of the crime.

ART. 87 - DESTIERRO ONLY IN THE FOLLOWING CASES IS DESTIERRO IMPOSED: 1. Death or serious physical injuries is caused or are inflicted under exceptional circumstances (Art. 247); 2. Failure to give bond for good behavior in grave and light threats (Art. 284); 3. Penalty for the concubine in concubinage (Art. 334); 4. When, after reducing the penalty by one or more degrees, destierro is the proper penalty. TITLE FOUR: EXTINCTION OF CRIMINAL LIABILITY Chapter One: Total Extinction of Criminal Liability (Arts. 89-93) ART. 89 - CRIMINAL LIABILITY IS TOTALLY EXTINGUISHED HOW CRIMINAL LIABILITY TOTALLY EXTINGUISHED: 1. By the DEATH of the convict as to personal penalties; BUT as to pecuniary penalties, liability is extinguished only when the death of the offender occurs before final judgment; 2. By SERVICE OF SENTENCE; 3. By AMNESTY, which completely extinguishes the penalty and all its effects; 4. By ABSOLUTE PARDON; 5. By PRESCRIPTION OF THE CRIME; 6. By PRESCRIPTION OF PENALTY; 7. By MARRIAGE OF THE OFFENDED WOMAN with the offender in the crimes of rape, seduction, abduction, and acts of lasciviousness. In the crimes of rape, seduction, abduction, and acts of lasciviousness, the marriage, as provided under Art 344, must be contracted in good faith. EFFECT OF DEATH OF THE ACCUSED PENDING APPEAL OF HIS CONVICTION: The death of the accused pending the appeal of his conviction will extinguish his criminal liability as well as his civil liability arising from the crime committed. However civil liability arising from sources other than the crime

5. Does not extinguish the civil liability of the offender 6. Being a Proclamation of the Chief Executive with the concurrence of Congress; is a PUBLIC ACT of which the courts should take judicial notice

 ART. 90 - PRESCRIPTION OF CRIMES Prescription of the crime is the forfeiture or loss of the right of the State to prosecute the offender, after the lapse of a certain time. PRESCRIPTIVE PERIODS OF CRIMES: 1. Crimes punishable by a) Death, reclusin perpetua or reclusin temporal 20 years b) afflictive penalties 15 years c) correctional penalties 10 years except those punishable by arresto mayor which shall prescribe in 5 years. When the penalty fixed by law is a compound one, the highest penalty shall be made the basis of the application of the rules contained above. 2. Crime of libel 1 year 3. Offenses of oral defamation and slander by deed 6 months Simple slander 2months Grave slander 6 months 4. Light offenses 2 months 5. Crimes punishable by fines a) if fine is afflictive 15 years b) if it is correctional 10 years c) if it is light 2 months. The subsidiary penalty for nonpayment of the fine should not be considered in determining the period of such crimes. When fine is an alternative penalty higher than the other penalty which is by imprisonment, prescription of the crime is based on the fine. RULE WHERE LAST DAY OF PRESCRIPTIVE PERIOD FALLS ON A SUNDAY OR LEGAL HOLIDAY Where the last day of the prescriptive period for filing an information falls on a Sunday or legal holiday, the information can no longer be filed on the next day as the crime has already prescribed. Is there a conflict between the provisions of the Revised Penal Code on prescription of crimes and Section 8, Rule 117 of Rules of Court (time-bar)? No, it is but a limitation of the right of the State to revive a criminal case against the accused after the Information had been filed but subsequently provisionally dismissed with the express consent of the accused. If a criminal case is dismissed on motion of the accused because the trial is not concluded within the

period therefor, the prescriptive periods under the Revised Penal Code are not thereby diminished. But whether or not the prosecution of the accused is barred by the statute of limitations or by the lapse of the time-line under the new rule, the effect is basically the same. ART. 91 - COMPUTATION OF PRESCRIPTION OF OFFENSES OUTLINE: 1. Period of prescription commences to run from the day on which the crime is discovered by the offended party, the authorities, or their agents. a) It is interrupted by the filing of the complaint or information corresponding to the offense committed. b) It shall commence to run again when such proceedings terminate without the accused being convicted or acquitted, or unjustifiably stopped for any reason not imputable to the accused. 2. The termination contemplated here refers to a termination that is final as to amount to a jeopardy that would bar a subsequent prosecution. 3. The term of prescription shall not run when the offender is absent from the Philippine Archipelago. 4. The prescriptive period of continuing crime, cannot begin to run because there could be no termination of continuity and the crime does not end. The filing of the complaint with the municipal trial court, although only for preliminary investigation, interrupted and suspended the period of prescription in as much as the jurisdiction of a court in a criminal case is determined by the allegation in the complaint or information, not by the result of proof.

EFFECT OF FILING AN AMENDED COMPLAINT OR INFORMATION UPON PERIOD OF PRESCRITPION If the amendment charges a different crime, the date of the amended complaint or information should be considered. If it is merely a correction of a defect, the date of the original complaint or information should be considered.

 ART. 92 - PRESCRIPTION OF PENALTIES Prescription of the penalty is the loss or forfeiture of the right of the government to execute the final sentence, after the lapse of a certain time. PRESCRIPTIVE PERIODS OF PENALTIES: 1. Death and reclusin perpetua 20 years 2. Other afflictive penalties 15 years 3. Correctional penalties 10 years except for the penalty of arresto mayor which prescribes in 5 years. 4. Light penalties 1 year ART. 93 - COMPUTATION OF THE PRESCRIPTION OF PENALTIES OUTLINE: 1. Period of prescription commences to run from the date when the culprit evaded the service of his sentence. 2. It is interrupted when the convict a) gives himself up, b) is captured, c) goes to a foreign country with which we have no extradition treaty, or d) commits any crime before the expiration of the period of prescription. ELEMENTS: 1. That the penalty is imposed by final judgment; 2. That the convict evaded the service of his sentence by escaping during the term of his sentence; 3. The convict who escaped from prison has not given himself up, or been captured, or gone to a foreign country with which we have no extradition treaty, or committed another crime; If our Government has extradition treaty with the country to with the offender escaped, but the crime committed is not included in the treaty, it is believed that it would interrupt the running of the prescriptive period. 4. That the penalty has prescribed, because of the lapse of time from the date of the evasion of service of the sentence by the convict. Acceptance of conditional pardon interrupts the prescriptive period. PERIOD OF PRESCRIPTION THAT RAN DURING THE EVASION IS NOT FORFEITED If the culprit is captured and evades again the service of his sentence, the period of TITLE FIVE: CIVIL LIABILITY

prescription that has run in his favor should be taken into account. Chapter Two: Partial Extinction of Criminal Liability (Arts. 94-99) ART. 94 - PARTIAL EXTINCTION OF CRIMINAL LIABILITY CRIMINAL LIABILITY IS PARTIALLY EXTINGUISHED: 1. By CONDITIONAL PARDON; 2. By COMMUTATION OF SENTENCE; 3. For GOOD CONDUCT ALLOWANCES which the culprit may earn while he is serving his sentence; 4. By PAROLE a) Parole is the suspension of the sentence of a convict, after serving the minimum term of the indeterminate penalty, without being granted a pardon, prescribing the terms upon which the sentence shall be suspended b) If the convict fails to observe the condition of the parole, the Board of Pardons and Parole is authorized to: i) direct his ARREST AND RETURN TO CUSTODY and thereafter; ii) to CARRY OUT HIS SENTENCE WITHOUT DEDUCTION of the time that has elapsed between the date of the parole and the subsequent arrest. 5. By PROBATION. See Probation Law page 43 Conditional pardon parole CONDITIONAL PARDON
1. May be given at any time after final judgment; is granted by the Chief Executive under the provisions of the Administrative Code

distinguished PAROLE

from

2. For violation of the conditional pardon, the convict may be ordered re-arrested or re-incarcerated by the Chief Executive, or may be PROSECUTED under Art. 159 of the Code

1. May be given after the prisoner has served the minimum penalty; is granted by the Board of Pardons and Parole under the provision of the Indeterminate Sentence Law 2. For violation of the terms of the parole, the convict CANNOT BE PROSECUTED UNDER ART. 159 OF THE RPC, he can be re-arrested and reincarcerated to serve the unserved portion of his original penalty.

Chapter One: Persons Civilly Liable for Felonies (Arts. 100-103) ART. 100 - CIVIL LIABILITY OF A PERSON GUILTY OF FELONY A CRIME HAS A DUAL CHARACTER: 1. As an offense against the state, because of the disturbance of the social order; and 2. As an offense against the private person injured by the crime, UNLESS it involves the crime of treason, rebellion, espionage, contempt, and others wherein no civil liability arises on the part of the offender, either because there are no damages to be compensated or there is no private person injured by the crime. EFFECT OF ACQUITTAL Extinction of the penal action does NOT carry with it extinction of the civil; UNLESS the extinction proceeds from a declaration in a final judgment that the fact from which the civil liability might arise did not exist. (See Section 1, Rule 111 of the 2000 Rules on Criminal Procedure. Civil liability arising from other sources of obligations is not impliedly instituted with the criminal action). EFFECT OF DISMISSAL OF CASE The 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, because such dismissal or extinction of the penal action does not carry with it the extinction of the civil action. EFFECT OF DEATH OF THE OFFENDER If the offender dies prior to the institution of the action or prior to the finality of judgment, civil liability ex-delicto is extinguished. (De Guzman vs. People, G.R. No. 154579. October 8, 2003) In all these cases, civil liability from sources other than delict are not extinguished.

b) the acquittal was due to an exempting circumstance like insanity; and c) when the court finds and states in its judgment that there is only civil responsibility. ART. 101 - RULES REGARDING CIVIL LIABILITY IN CERTAIN CASES Civil liability is still imposed in cases falling under exempting circumstances. EXCEPT: 1. No civil liability in paragraph 4 of Art. 12 which provides for injury caused by mere accident. 2. No civil liability in paragraph 7 of Art. 12 which provides for failure to perform an act required by law when prevented by some lawful or insuperable cause.

PERSONS CIVILLY LIABLE FOR ACTS OF INSANE OR MINOR EXEMPT FROM CRIMINAL LIABILITY (Paragraphs 1, 2 and 3 of Article 12) The civil liability for acts committed by an imbecile or insane or minor exempt from criminal liability shall devolve upon the person having legal capacity or control over them, if the latter are at fault or negligent. They are primarily liable. If there is no fault or negligence on their part, or even if at fault or negligent but insolvent, or should there be no person having such authority or control, the insane, imbecile, or such minor shall respond with their own property not exempt from execution. PERSONS CIVILLY LIABLE FOR ACTS COMMITTED BY PERSONS ACTING UNDER IRRESISTIBLE FORCE OR UNCONTROLLABLE FEAR The persons using violence or causing the fear are primarily liable. If there be no such persons, those doing the act shall be liable secondarily. No civil liability is imposed in cases falling under justifying circumstances EXCEPT: under paragraph 4 of Article 11, where a person does an act, causing damage to another, in order to avoid evil or injury, the person benefited by the prevention of the evil or injury shall be civilly liable in proportion to the benefit he received.

RULE IF THE OFFENDER IS ACQUITTED, INSOFAR AS THE CIVIL LIABILITY IS CONCERNED As a rule, if the offender is acquitted, the civil liability is extinguished, EXCEPT: a) if the acquittal is on the ground that the guilt has not been proved beyond reasonable doubt;

 ART. 102 - SUBSIDIARY LIABILITY OF INNKEEPERS, TAVERNKEEPERS, AND PROPRIETORS OF ESTABLISHMENTS ELEMENTS UNDER PARAGRAPH 1: 1. That the innkeeper, tavernkeeper or proprietor of establishment or his employee committed a violation of municipal ordinance or some general or special police regulation. 2. That the crime is committed in such inn, tavern or establishment. 3. That the person criminally liable is insolvent. Concurrence of all elements makes the innkeeper, tavernkeeper, or proprietor civilly liable for the crime committed in his establishment.

selection of his employees will not exempt the parties subsidiarily liable for damages.

Chapter Two: What Civil Liability Includes (Arts. 104-111) ART. 104 - WHAT IS INCLUDED IN CIVIL LIABILITY RESTITUTION restitution of the thing itself must be made whenever possible even when found in the possession of a third person except when acquired by such person in any manner and under the requirements which, by law, bar an action for its recovery. REPARATION OF DAMAGES reparation will be ordered by the court if restitution is not possible. The court shall determine the amount of damage, taking into consideration the price of the thing, whenever possible, and its special sentimental value to the injured party. It refers generally to crimes against property. INDEMNIFICATION FOR DAMAGES includes not only those caused the injured party, but also, those suffered by his family or by a third person by reason of the crime. It is ordinarily the remedy granted to the victims of crimes against persons.

ELEMENTS UNDER PARAGRAPH 2: 1. That the guests notified in advance the innkeeper or the person representing of the deposit of their goods within the inn or house. 2. The guests followed the directions of the innkeeper or his representative with respect to the care of and vigilance over such goods. 3. Such goods of the guests lodging therein were taken by robbery with force upon things or theft committed within the inn or house. An innkeeper or tavernkeeper is subsidiarily and civilly liable for restitution of goods taken by means of robbery with violence and intimidation against persons when the same is committed by the innkeepers employees.

Chapter Three: Extinction and Survival of Civil Liability (Arts. 112-113) ART. 112 - EXTINCTION OF CIVIL LIABILITY Civil liability is extinguished: 1. By payment or performance; 2. By the condonation or remission of the debt; 3. By the confusion or merger of the rights of the creditor and debtor; 4. By compensation; 5. By novation; 6. Other causes of extinguishment of obligations, such as annulment, rescission, fulfillment of a resolutory condition, and prescription. NOTE: Civil liability in criminal cases is not extinguished by the loss of the thing due because reparation will be ordered by the court in such cases.

ART. 103 - SUBSIDIARY CIVIL LIABILITY OF OTHER PERSONS ELEMENTS: 1. The employer, teacher, person, or corporation is engaged in any kind of industry. Any of their servants, pupils, workmen, apprentices, or employees commits a felony while in the discharge of his duties. The said employee is insolvent and has not satisfied his civil liability. The employment of the diligence to be expected of a good father of a family in the

BOOK TWO
Chapter One: Crimes Against National Security (Arts. 114-123) Section One Treason and espionage ART. 114-TREASON and harbors sympathies or convictions disloyal to his countrys policy or interest MEANING OF rendering aid or comfort An act which strengthens or tends to strengthen the enemy in the conduct of war against the traitors country or any act which weakens or tends to weaken the power of the traitors country to resist or to attack the enemy Ways of proving Treason (overt act): 1. Testimony of two witnesses, at least, to the same overt act (two-witness rule); or 2. Confession of guilt in open court Adherence may be proved: 1. by one witness; 2. from the nature of the act itself, or 3. from the circumstances surrounding the act. The levying of war must be with intent to overthrow the government as such, not merely to resist a particular statute or to repeal a particular officer. It is not necessary that those attempting to overthrow the government by force of arms should have the apparent power to succeed in their design, in whole or in part. Treason absorbs crimes committed in furtherance thereof. Treason is a CONTINUOUS OFFENSE. All overt acts of treason the accused has committed constitute but a single offense. There is no treason thru negligence. The overt act of giving aid or comfort to the enemy must be intentional. Mere acceptance of public office and discharge of official duties under the enemy do not constitute per se the felony of treason. But when the position is policydetermining, the acceptance of public office and the discharge of official duties constitute treason. Treason committed in a foreign country may be prosecuted in the Philippines. (Art.2, RPC) Treason by an alien must be committed in the Philippines. (EO 44).

Treason is a breach of allegiance to a government, committed by a person who owes allegiance to it. Allegiance is the obligation of fidelity and obedience which the individual owes to the government under which he lives or to his sovereign, in return for the protection he receives. Hence an alien residing in the Philippines may be prosecuted for acts of treason due to the temporary allegiance he owes to the Philippine government. ELEMENTS OF TREASON: 1. That the offender owes allegiance to the Government of the Philippines 2. That there is a war in which the Philippines is involved 3. That the offender either (modes of committing) a) levies war against the government; or b) adheres to the enemies, giving them aid or comfort. Ways of being committed: 1. Levying war Means that a) there is an actual assembling of men b) for the purpose of executing a treasonable design by force Treason by levying war
The purpose of levying war is to help the enemy

Rebellion
Such purpose is not necessary e.g. civil uprising

2. Adherence to the enemies, giving them aid and comfort requires both a) adherence to the enemies, and b) giving of aid or comfort to them. The term alien applies only to the subjects of a foreign power. It does not embrace rebels in insurrection against there own country, for in that case the crime would be rebellion.

Adherence to enemy It means that there is intent to betray; intellectually or emotionally favors the enemy

 ART. 115- CONSPIRACY & PROPOSAL TO COMMIT TREASON As a general rule, conspiracy and proposal to commit a felony is not punishable (ART.8), Art 115 is an exception as it specifically penalizes conspiracy and proposal to commit treason. The two-witness rule does not apply because this is a separate and distinct offense.

ELEMENTS: a) That the offender enters any of the places mentioned therein; b) That he has no authority therefore; c) That his purpose is to obtain information, plans, photographs or other data of a confidential nature relative to the defense of the Philippines. 2. By disclosing to the representative of a foreign nation the contents of the articles, data or information referred to in the preceding paragraph, which he had in his possession by reason of the public office he holds. ELEMENTS: a) That the offender is a public officer; b) That he has in his possession the articles, data or information referred to in par. no. 1 of Art. 117, by reason of the public office he holds; c) That he discloses their contents to a representative of a foreign nation.

ART. 116- MISPRISION OF TREASON ELEMENTS: 1. That the offender is a citizen of the Philippines 2. That he has knowledge of any conspiracy against the Government 3. That the conspiracy is one to commit treason 4. That he conceals or does not disclose and make known the same as soon as possible to the proper authority. Art. 116 does not apply when treason is already committed and the accused does not report its commission. The phrase shall be punished as an accessory to the crime of treason, mentioned in the provision, does not mean that that the offender is, legally speaking, an accessory to the crime of treason because he is already a principal in the crime of misprision of treason. It simply means that the penalty imposed is that of an accessory to the crime of treason. ART. 117- ESPIONAGE Espionage is the offense of gathering, 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. TWO WAYS OF COMMITTING: 1. By entering, without authority, a warship, fort, or military or naval establishment or reservation to obtain any information, plan or other data of confidential nature relative to the defense of the Philippines.

COMMONWEALTH ACT 616 An Act to Punish Espionage and Other Offenses Against National Security Acts Penalized 1. Unlawfully obtaining or permitting to be obtained information affecting national defense 2. Unlawfully disclosing information affecting national defense 3. Disloyal acts or words in time of peace 4. Disloyal acts or words in time of war 5. Conspiracy to commit the preceding acts 6. Harboring or concealing violators of the Act. Espionage distinguished from treason ESPIONAGE TREASON
Both are crimes not conditioned citizenship of the offender. May be committed both in time of peace and in time of war. May be committed in many ways. by the

Is committed only in time of war. Is limited to two ways of committing the crime: levying war, and adhering to the enemy giving him aid or comfort

Section Two Provoking disloyalty in case of war

war

and

ART. 118- INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS ELEMENTS: 1. That the offender performs unlawful or unauthorized acts; and 2. That such acts provoke or give occasion for (a) a war involving or liable to involve the Philippines or (b) expose Filipino citizens to reprisals on their persons & property. Intention of the accused is immaterial. This is committed in time of peace.

Circumstances qualifying the offense: The following must concur: 1. That the notice or information might be useful to the enemy; 2. That the offender intended to aid the enemy. ART. 121- FLIGHT TO ENEMYS COUNTRY ELEMENTS: 1. That there is a war in which the Philippines is involved. 2. That the offender owes allegiance to the Government. 3. That the offender attempts to flee or go to the enemy country. 4. That going to the enemy country is prohibited by the competent authority. An alien resident may be guilty of flight to enemy country, because an alien owes allegiance to the Philippine government albeit temporary.

ART. 119- VIOLATION OF NEUTRALITY ELEMENTS: 1. That there is a war in which the Philippines is not involved, 2. That there is a regulation issued by a competent authority for the purpose of enforcing neutrality, and 3. That the offender violates such regulation. ART. 120- CORRESPONDENCE WITH HOSTILE COUNTRY ELEMENTS: 1. That it is made in time of war in which the Philippines is involved 2. That the offender makes correspondence with the: (a) enemy country or (b) territory occupied by the enemy troops 3. That the correspondence is either: a) prohibited by the Government, or b) carried on in ciphers or conventional signs, or c) if notice or information be given thereby which might be useful to the enemy. Correspondence communication by means of letters; or it may refer to the letters which pass between those who have friendly or business relations. Even if the correspondence contains innocent matters, if the correspondence has been prohibited by the government, it is punishable because of the possibility that some information useful to the enemy might be revealed unwittingly.

Section Three Piracy and mutiny on the high seas ART. 122- PIRACY IN GENERAL & MUTINY ON THE HIGH SEAS Piracy it is robbery or forcible depredation on the high seas, without lawful authority and done with animo furandi and in the spirit and intention of universal hostility. TWO WAYS OR MODES OF COMMITTING PIRACY: 1. By attacking or seizing a vessel on the high seas or in Philippine waters; 2. By seizing in the vessel while on the high seas or in Philippine waters the whole or part of its cargo, its equipment or personal belongings of its complement or passengers. ELEMENTS OF PIRACY: 1. That a vessel is on the high seas or on Philippine waters 2. That the offenders are not members of its complement or passengers of the vessel 3. That the offenders a) attack or seize the vessel; or b) seize the whole or part of the cargo of said vessel, its equipment or personal belongings of its compliment or passengers

High seas waters which are beyond the boundaries of the low-water mark. - parts of the sea that are not included in the exclusive economic zone, in the territorial seas, or in the internal waters of a state, or in the archipelagic waters of an archipelagic state (United Nations Convention on the Law of the Sea). Philippine waters shall refer to all bodies of water, such as but not limited to seas, gulfs, bays, around, between and connecting each of the islands of the Philippine Archipelago, irrespective of its depth, breadth, length or dimension, and all waters belonging to the Philippines by historic or legal title, including territorial sea, the sea-bed, the insular shelves, and other submarine areas over which the Philippines has sovereignty and jurisdiction. (Sec. 2, P.D. No. 532) Piracy distinguished from robbery in the high seas ROBBERY ON THE PIRACY HIGH SEAS
The offender is an outsider. The offender is a member of the complement or a passenger of the vessel.

on board a ship against the authority of its commander. Piracy distinguished from mutiny PIRACY MUTINY
The persons who attack a vessel or seize its cargo are strangers to the vessels. Intent to gain is essential. They are members of the crew or passengers.

The offenders may only intend to ignore the ships officers or they may be prompted by a desire to commit plunder.

Pursuant to Art 122, as amended by R.A. 7659, Piracy and Mutiny may be committed in Philippine waters.

PD 532 (ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY LAW OF 1974) Vessel any vessel or watercraft used for (a) transport of passengers and cargo or (b) for fishing. Punishes the act of AIDING OR ABETTING PIRACY. Requisites: 1. Knowingly aids or protects pirates; 2. Acquires or receives property taken by such pirates, or in any manner derives any benefit therefrom; 3. Directly or indirectly abets the commission of piracy.

In both, there is intent to gain and the manner of committing the crime is the same.

Piracy is a crime not against any particular state but against all mankind. It may be punished in the competent tribunal of any country where the offender may be found or into which he may be carried.

Mutiny the unlawful resistance to a superior, or the raising of commotions and disturbances NOTE: Under PD 532, piracy may be committed even by a passenger or member of the complement of the vessel. ART. 123- QUALIFIED PIRACY Qualifying Circumstances: 1. Whenever the offenders have seized the vessel by boarding or firing upon the same 2. Whenever the pirates have abandoned their victims without means of saving themselves 3. Whenever the crime is accompanied by murder, homicide, physical injuries, or rape The crimes mentioned in the article which are qualified are piracy and mutiny on the high seas.

Qualified piracy is a SPECIAL COMPLEX CRIME punishable by reclusin perpetua to death, regardless of the number of victims. ANTI-HIJACKING LAW REPUBLIC ACT 6235

ACTS PUNISHED: 1. usurping or seizing control of an aircraft of Philippine registry while it is in flight; compelling the pilots thereof to change its course or destination 2. usurping or seizing control of an aircraft of foreign registry, while within Philippine territory, compelling the pilots thereof to land in any part of Philippine territory

3. carrying or loading on board an aircraft operating as a public utility passenger aircraft in the Philippines flammable, corrosive, explosive or poisonous substances; and 4. loading, shipping, or transporting on board a cargo aircraft operating as a public utility in the Philippines, flammable, corrosive, or poisonous substance if not done in accordance with the rules and regulations of the Air Transportation Office. MEANING OF aircraft is in flight From the moment all exterior doors are closed following embarkation until the same doors are again opened for disembarkation. TITLE TWO: CRIMES AGAINST FUNDAMENTAL LAW OF THE STATE THE

2. Violent insanity or other ailment requiring compulsory confinement of the patient in a hospital The public officer liable for arbitrary detention must be vested with authority to detain or order the detention of persons accused of a crime, but when they detain a person they have no legal grounds therefor. The penalty for Arbitrary Detention depends upon the period of detention involved, a greater penalty is imposed if the period is longer. Arrest without a warrant is the usual cause of arbitrary detention.

All offenses in this Title are required to be committed by public officers except offending the religious feelings

ART. 125- DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER JUDICIAL AUTHORITIES ELEMENTS: 1. That the offender is a public officer or employee 2. That he has detained a person for some legal ground ( Sec. 5, Rule 113, Rules of Court) 3. That he fails to deliver such person to the proper judicial authorities within: a) 12 hrs. for offenses punishable by light penalties or their equivalent. b) 18 hrs. for offenses punishable by correctional penalties or their equivalent. c) 36 hrs. for offenses punishable by afflictive penalties or their equivalent. Circumstances considered in determining liability of officer detaining a person beyond legal period: 1. The means of communication; 2. The hour of arrest; and 3. Other circumstances such as the time of surrender and the material possibility of the fiscal to make the investigation and file in time the necessary information. MEANING OF proper judicial authorities Refers to the courts of justice or judges of said courts vested with judicial power to order the temporary detention or confinement of a person charged with having committed a public offense. REASON FOR ART. 125 It is intended to prevent any abuse resulting from confining a person without informing him of his offense and without permitting him to go on bail.

Chapter One: Arbitrary Detention or Expulsion, Violation of Dwelling, Prohibition, Interruption, and Dissolution of Peaceful Meeting and Crimes Against Religious Worship (Arts. 124-133) Section One Arbitrary Detention and expulsion ART. 124- ARBITRARY DETENTION ELEMENTS: 1. That the offender is a public officer or employee 2. That he detains a person 3. That the detention is without legal ground Detention a person is detained when he is placed in confinement or there is restraint on his person. Detention need not involve any physical restraint. If the acts and actuations of the accused can produce such fear in the mind of the victim sufficient to paralyze the latter, to the extent that the victim is compelled to limit his own actions and movements in accordance with the wishes of the accused, then the victim is, for all intents and purposes, detained against his will (Astorga vs. People, Oct. 1, 2003).

LEGAL GROUNDS FOR THE DETENTION OF PERSONS: 1. The commission of a crime

If the offender is a private individual the crime is ILLEGAL DETENTION under Art. 267 Art. 125 applies only when the arrest is made without a warrant of arrest but lawful. It does not apply when the arrest is by virtue of a warrant of arrest, in which case he can be detained indefinitely. Person arrested may request for a preliminary investigation but must sign a waiver of Art. 125.

c) the proceedings upon a petition for the release of such person.

ART. 127- EXPULSION TWO ACTS PUNISHED: 1. By expelling a person from the Philippines. 2. By compelling a person to change his residence. ELEMENTS: 1. That the offender is a public officer or employee 2. That he expels any person from the Philippines, or compels a person to change his residence 3. That the offender is not authorized to do so by law Only the President of the Philippines is authorized to deport aliens under the Revised Administrative Code. Only the court by a final judgment can order a person to change residence

Shall fail to deliver to proper authorities It means filing of an information against the person arrested with the corresponding court or judge. Art. 125 distinguished from Art. 124 ART. 124 ART. 125
The detention is illegal from the beginning. The detention is legal in the beginning but the illegality of the detention starts from the expiration of any of the periods of time specified in Art. 125, without the person detained having been delivered to the proper judicial authority.

Section Two Violation of Domicile ART. 128 VIOLATION OF DOMICILE

ART. 126- DELAYING RELEASE THREE ACTS PUNISHED: 1. By delaying the performance of a judicial or executive order for the release of a prisoner. 2. By unduly delaying the service of the notice of such order to said prisoner. 3. By unduly delaying the proceedings upon any petition for the liberation of such person. ELEMENTS: 1. That the offender is a public officer or employee 2. That there is a judicial or executive order for the release of a prisoner or detention prisoner, or that there is a proceeding upon a petition for the liberation of such person 3. That the offender without good reason delays a) the service of the notice of such order to the prisoner, b) the performance of such judicial or executive order for the release of the prisoner or PUNISHABLE ACTS: 1. By entering any dwelling against the will of the owner thereof; or 2. By searching papers or other effects found therein without the previous consent of such owner; or 3. By refusing to leave the premises, after having surreptitiously entered said dwelling and after having been required to leave the same. COMMON ELEMENTS: 1. That the offender is public officer/ employee 2. That he is not authorized by judicial order to enter the dwelling and/ or to make a search for papers and for other effects QUALIFYING CIRCUMSTANCES: 1. If committed at nighttime 2. If any papers or effects, not constituting evidence of a crime are not returned immediately after a search is made by the offender.

The offender must be a public officer or employee. If he is a private individual, the crime committed is trespass to dwelling. In the first mode, lack of consent would not suffice as the law requires that the offenders entry must be over the owners objection. In the second mode, mere lack of consent is sufficient. In the third mode, what is punished is the refusal to leave, the entry having been made surreptitiously. It is believed, however, that if the surreptitious entry had been made through an opening not intended for that purpose, the offender would be liable under the first mode since it is entry over the implied objection of the inhabitant. Although the Code speaks of the owner of the premises, it would be sufficient if the inhabitant is the lawful occupant using the premises as his dwelling, although he is not the proprietary owner thereof.

ELEMENTS: a) That the offender is a public officer or employee. b) That he procures a search warrant. c) That there is no just cause. 2. Exceeding his authority or by using unnecessary severity in executing a search warrant legally procured ELEMENTS: a) That the offender is a public officer or employee. b) That he has legally procured a search warrant. c) That he exceeds his authority or uses unnecessary severity in executing the same. Search warrant is an order in writing issued in the name of the People of the Philippines, signed by the judge and directed to a peace officer, commanding him to search for personal property described therein and bring it before the court. Test of lack of just cause Whether the affidavit filed in support of the application for search warrant has been drawn in such a manner that perjury could be charged thereon and affiant be held liable for damages caused. If the search warrant is secured through a false affidavit, the crime punished by this article cannot be complexed but will be a separate crime from perjury since the penalty herein provided shall be in addition to the penalty of perjury.

MEANING OF against the will of owner Presupposes opposition or prohibition by the owner, whether express or implied, and not merely the absence of consent. ART. 129- SEARCH WARRANTS MALICIOUSLY OBTAINED AND ABUSE IN THE SERVICE OF THOSE LEGALLY OBTAINED Punishable Acts: 1. Procuring a search warrant without just cause A search warrant shall be valid for ten (10) days from its date.

Section Three Prohibition, interruption, and dissolution of peaceful meetings ART.131-PROHIBITION, INTERRUPTION, & DISSOLUTION OF PEACEFUL MEETINGS Punishable Acts: 1. Prohibiting or interrupting, without legal ground the holding of a peaceful meeting, or by dissolving the same 2. Hindering any person from joining any lawful association or from attending any of its meetings 3. Prohibiting or hindering any person from addressing, either alone or together with others, any petition to the authorities for the correction of abuses or redress of grievances

ART. 130- SEARCHING DOMICILE WITHOUT WITNESSES ELEMENTS: 1. That the offender is a public officer/ employee 2. That he searches the domicile, papers or other belongings of any person 3. That he is armed with a warrant 4. That the owner or any member of his family, or two witnesses residing in the same locality are not present

COMMON ELEMENTS: 1. That the offender is a public officer 2. That he performs any of the mentioned above

acts

There is no legal ground to prohibit when the danger is not imminent and the evil to be prevented is not a serious one Offender must be a stranger, and not a participant Interrupting and dissolving the meeting of municipal council by a public officer is a crime against a legislative body, not punished under Art. 131 but under Art 143 and 144.

Acts notoriously offensive to the feelings of the faithful The acts must be directed against religious practice or dogma or ritual for the purpose of ridicule, as mocking or scoffing at or attempting to damage an object of religious veneration. May be committed by a public officer or a private individual Offense of feeling is judged complainants point of view. from

TITLE THREE: CRIMES AGAINST PUBLIC ORDER Chapter One: Rebellion, Coup detat, Sedition, and Disloyalty (Arts. 134-142) ART. 134- REBELLION/INSURRECTION ELEMENTS: 1. That there be a) public uprising and b) taking up of arms against the Government. 2. For the purpose of: a) Removing from the allegiance to said Government or its laws i. The territory of the Philippines, or any part thereof. ii. Any body of land, naval or other armed forces or b) Depriving the Chief Executive or Congress, wholly or partially, of any of their powers or prerogatives. Rebellion more frequently used where the object of the movement is completely to overthrow and supersede the existing government. It is a crime of the masses, of the multitude. It is a vast movement of men and a complex network of intrigues and plots. Insurrection more commonly employed in reference to a movement which seeks merely to effect some change of minor importance, or to prevent the exercise of governmental authority with respect to particular matters or subjects.

Section Four Crimes against religious worship ART. 132- INTERRUPTION OF RELIGIOUS WORSHIP ELEMENTS: 1. That the offender is a public officer/employee, 2. That religious ceremonies or manifestations of any religion are about to take place or are going on, and 3. That the offender prevents/disturbs the same. Qualified by violence or threats If the prohibition or disturbance is committed only in a meeting or rally of a sect, it would be punishable under Art.131. ART. 133- OFFENDING RELIGIOUS FEELINGS ELEMENTS: 1. That the acts complained of were performed a) in a place devoted to religious worship [not necessary that there is religious worship] or b) during the celebration of any religious ceremony, 2. That the acts must be notoriously offensive to the feelings of the faithful. Religious ceremonies are those religious acts performed outside of a church, such as procession and special prayers for burying dead person.

Rebellion distinguished from treason REBELLION

The levying of war against the government during peace time for any purpose mentioned in Art. 134 is rebellion. Always involves taking up arms against the government.

TREASON
The levying of war against the government would constitute treason when performed to aid the enemy. May be committed by mere adherence to the enemy giving him aid and comfort.

the exercise and continued possession of power 4. That the purpose of the attack is to seize or diminish state power The crime of coup committed with or participation. detat may be without civilian

ART. 135- PENALTY FOR REBELLION OR INSURRECTION OR COUP DETAT PERSONS LIABLE FOR REBELLION, INSURRECTION AND/OR COUP DETAT: 1. The leaders a) Any person who i. Promotes, ii. Maintains. or iii. Heads a rebellion or insurrection; or b) Any person who i. Leads, ii. Directs, or iii. Commands others to undertake a coup detat; 2. The participants a) Any person who i. Participates, or ii. Executes the commands of others in rebellion, or insurrection; b) Any person in the government service who i. Participates, or ii. Executes directions or commands of others in undertaking a coup detat; c) Any person not in the government service who i. Participates, ii. Support, iii. Finances, iv. Abets, or v. Aids in undertaking a coup detat. Who shall be deemed the leader of the rebellion, insurrection or coup detat in case he is unknown? Any person who in fact 1. directed the others, 2. spoke for them, 3. signed receipts and other documents issued in their name, or 4. performed similar acts, on behalf of the rebels. Political crimes in contrast to common crimes, are those directly aimed against the political order, as well as such common crimes as may be committed to achieve a political

Giving aid and comfort is not criminal in rebellion.

Rebellion distinguished from subversion REBELLION SUBVERSION

Crime against public order. There must be public uprising to overthrow the government. Crime against national security. Being officers and ranking members of subversive groups constitute subversion.

Persons acting as couriers or spies for rebels are guilty of rebellion. Mere silence regarding the presence of rebels despite knowledge of a rebellion is not punishable, no crime of misprision of rebellion. Rebellion cannot be complexed with, but absorbs other crimes committed in furtherance of rebellious movement. There is no complex crime of rebellion with murder and other common crimes.

ART. 134-A- COUP DETAT ELEMENTS OF COUP DETAT: 1. That the offender is a person or persons belonging to military or police or holding any public office or employment 2. That it is committed by means of a swift attack, accompanied by violence, intimidation, threat, strategy, or stealth 3. That the attack is directed against duly constituted authorities of the Republic of the Philippines or any military camp, or installation, or communication networks, public utilities or other facilities needed for

purpose. The decisive factor is the intent or motive. ART. 136- CONSPIRACY & PROPOSAL TO COMMIT REBELLION , INSURRECTION OR COUP D ETAT Two Crimes penalized under this article: 1. Conspiracy to commit rebellion, and 2. Proposal to commit rebellion Conspiracy to commit rebellion when two or more persons come to an agreement to rise publicly and take arms against the Government for any of the purposes of rebellion and decide to commit it. Proposal to commit rebellion when the person who has decided to rise publicly and take arms against the Government for any of the purposes of rebellion proposes its execution to some other person or persons. This is an instance where the law punishes preparatory acts.

Inciting to rebellion distinguished from proposal to commit rebellion PROPOSAL TO INCITING TO COMMIT REBELLION REBELLION
In both crimes, the offender induces another to commit rebellion The person who It is not required that proposes has decided the offender has to commit rebellion. decided to commit rebellion. The person who The act of inciting is proposes the done publicly. execution of the crime uses secret means. NOTE: In both, the crime of rebellion should not be actually committed by the persons to whom it is proposed or who are incited. If they commit rebellion because of the proposal or inciting, the proponent or the one inciting may become a principal by inducement in the crime of rebellion.

ART. 139- SEDITION ELEMENTS: 1. That the offenders rise a) publicly and b) tumultuously 2. That they employ force, intimidation, or other means outside of legal methods 3. That the offenders employ any of those means to attain any of the following objects: a) To prevent the promulgation or execution of any law or the holding of any popular election. b) To prevent the government or any public officer from freely exercising its or his functions, or prevent the execution of any Administrative Order. c) To inflict any act of hate or revenge upon the person or property of any public officer/employee. d) To commit, for any political or social end, any act of hate or revenge against private persons or any social class. e) To despoil, for any political or social end, any person or the government of all its property or any part thereof. Tumultuous if caused by more than three persons who are armed or provided with the means of violence. Distinguish sedition from rebellion SEDITION REBELLION
In both, there must be public uprising It is sufficient that the public uprising is tumultuous. There must be taking up of arms against the Government.

ART. 137- DISLOYALTY OF PUBLIC OFFICERS /EMPLOYEES Punishable acts: 1. Failing to resist a rebellion by all means in their power 2. Continuing to discharge the duties of their office under the control of the rebels 3. Accepting appointment to office under the rebels The crime presupposes the existence of rebellion by other persons; the offender must not be in conspiracy with the rebels; otherwise, he himself will also be guilty of rebellion.

ART. 138- INCITING TO REBELLION / INSURRECTION ELEMENTS: 1. That the offender does not take up arms or is not in open hostility against the Government 2. That he incites others to the execution of any of the acts of rebellion 3. That the inciting is done by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end.

The purpose of the offenders may be political or social.

The purpose is always political.

Sedition distinguished from treason SEDITION TREASON

In its more general sense, it is the raising of commotions or disturbances in the State. In its more general sense, it is the violation by a subject of his allegiance to his sovereign.

2. They tend to instigate others to cabal and meet together for unlawful purposes 3. They suggest or incite rebellious conspiracies or riots 4. They lead or tend to stir up the people against the lawful authorities or disturb the peace of the community, and the safety and order of the Government. RULES RELATIVE TO SEDITIOUS WORDS: 1. The clear and present danger rule It is required that there must be reasonable ground to believe that the danger apprehended is imminent and that the evil to be prevented is a serious one. There must be the probability of serious injury to the State. 2. Dangerous tendency rule There is inciting to sedition when the words uttered or published could easily produce disaffection among the people and a state of feeling in them incompatible with a disposition to remain loyal to the Government and obedient to the laws. The dangerous tendency rule is generally adopted in the Philippines. Reasons why seditious utterances are prohibited If the State were compelled to wait until the apprehended danger became certain, then its right to protect itself would come into being simultaneously with the overthrow of the Government, when there would be neither prosecuting officers nor courts for the enforcement of the law.

Public uprising and an object of sedition must concur. ART. 140- PENALTY FOR SEDITION

PERSONS LIABLE: 1) The leader of the sedition 2) Other persons participating in the sedition ART. 141- CONSPIRACY TO COMMIT SEDITION Only Conspiracy to commit sedition is punishable and not proposal to commit sedition. There must be an agreement both to attain an object of sedition and to rise publicly and tumultuously.

ART. 142- INCITING TO SEDITION Punishable Acts: 1. Inciting others to commit sedition by means of speeches, proclamations, writings, emblems 2. Uttering seditious words or speeches which tend to disturb the public peace 3. Writing, publishing, or circulating scurrilous (meaning vulgar, mean, foul) libels against the Government or any of its duly constituted authorities. ELEMENTS OF ACT # 1: 1. That the offender does not take direct part in the crime of sedition 2. That he incites others to the accomplishment of any of the act which constitute sedition 3. That the inciting is done by means of speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending to the same end. ACTS # 2 & 3 PUNISHABLE: when 1. They tend to disturb or obstruct any lawful officer in executing the functions of his office

Chapter Two: Crimes Against Popular Representation (Arts. 143-145) Section One Crimes against legislative bodies and similar bodies ART.143- ACTS TENDING TO PREVENT THE MEETING OF THE ASSEMBLY AND SIMILAR BODIES ELEMENTS: 1. That there be a projected meeting or actual meeting of the National Assembly or any of its committees or subcommittees, constitutional commissions or committees or divisions, or of any provincial board or city or municipal council or board

2. That the offender, who may be any person, prevents such meeting by force or fraud

ART. 144- DISTURBANCE OF PROCEEDINGS ELEMENTS: 1. That there be a meeting of Congress or any of its committees or subcommittees, constitutional commissions or committees, or any provincial board or city or municipal council or board 2. That the offender does any of the following acts: a) He disturbs any of such meetings. b) 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. Disturbance created by a participant in the meeting is not covered by Art. 144.

ELEMENTS: a) That the offender is a public officer or employee; b) That he arrests or searches any member of Congress; c) That the Congress, at the time of arrest or search, is in regular or special session; d) That the member arrested or searched has not committed a crime punishable under the Code by a penalty higher than prision mayor. Parliamentary immunity does not protect members of the Congress from responsibility before the legislative body itself. The 1987 Constitution exempts member of Congress from arrest, while the Congress is in session, for all offenses punishable by a penalty less than prision mayor.

Section Two Violation of parliamentary immunity ART. 145 VIOLATION OF PARLIAMENTARY IMMUNITY Punishable Acts: 1. Using force, intimidation, threats, or frauds to prevent any member from (a) attending the meetings of Congress or any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or from (b) expressing his opinions or (c) casting his vote. ELEMENTS: a) That the offender uses force, intimidation, threats or fraud. b) That the purpose of the offender is to prevent any member of Congress from-i) Attending the meetings of the Congress or any of its committees or constitutional commissions, etc.; or ii) Expressing his opinions; or iii) Casting his vote. 2. Arresting or searching any member while Congress is in session, except in cases where such member has committed a crime punishable under the Code by a penalty higher than prision mayor.

Chapter Three: Illegal Assemblies and Associations (Arts. 146 & 147) ART. 146 ILLEGAL ASSEMBLIES Forms of Illegal Assemblies: 1. Any meeting attended by armed persons for the purpose of committing any of the crimes punishable under the Code. REQUISITES: a) That there is a meeting, gathering or group of persons, whether in a fixed place or moving; b) That the meeting is attended by armed persons. c) That the purpose of the meeting is to commit any of the crimes punishable under the Code. 2. Any meeting in which the audience, whether armed or not, is incited to the commission of the crime of treason, rebellion or insurrection, sedition, or assault upon a person in authority. REQUISITES: a) That there is a meeting, a gathering or group of persons, whether in a fixed place or moving. b) That the audiences, whether armed or not, is incited to the commission of the

crime of treason, rebellion or insurrection, sedition or direct assault. PERSONS LIABLE IN ILLEGAL ASSEMBLIES: 1. The organizers or leaders of the meeting 2. Persons merely present at the meeting It is necessary that the audience is actually incited. If in the meeting the audience is incited to the commission of rebellion or sedition, the crimes committed are ILLEGAL ASSEMBLY as regards the organizers or leaders or persons merely present and INCITING TO REBELLION OR SEDITION insofar as the one inciting them is concerned

It is necessary that there is an actual meeting or assembly of armed persons for the purpose specified in Art. 146. It is the meeting and attendance at such meeting that is punished.

It is not necessary that there is an actual meeting.

It is the act of forming or organizing and membership in the association that is punished. The persons liable are: 1. the founders, directors and president, and 2. the members.

The persons liable are: 1. the organizers or leaders of the meetings, and 2. the persons present at the meeting.

PRESUMPTIONS: If any person carries an unlicensed firearm, it is presumed that: 1. the purpose of the meeting insofar as he is concerned is to commit acts punishable under the RPC, and 2. he is considered a leader or organizer of the meeting. Not all the persons present at the meeting of the first form of illegal assembly must be armed.

Chapter Four: Assault Upon, and Resistance and Disobedience to, Persons in Authority and their Agents (Arts. 148152) ART. 152- PERSONS IN AUTHORITY & AGENTS OF PERSONS IN AUTHORITY
PUBLIC OFFICER (PO) Any person who takes part in the performan ce of public functions in the governme nt. PERSON IN AUTHORITY (PA) Any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board or commission. AGENT OF A PERSON IN AUTHORITY (APA) 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.

ART. 147 ILLEGAL ASSOCIATIONS PROHIBITED ASSOCIATIONS: Association totally or partially organized for: 1. the purpose of committing any of the crimes punishable under the Code, or 2. some purpose contrary to public morals Public morals refers to matters which affect the interest of society and public convenience and is not limited to good customs PERSONS LIABLE: 1. Founders, directors, and president of the association. 2. Members of the association. Illegal association illegal assembly ILLEGAL ASSEMBLY distinguished from

ART. 148- DIRECT ASSAULT TWO WAYS TO COMMIT: 1. Without public uprising, by employing force or intimidation for the attainment of any of the purposes enumerated in defining the crimes of sedition & rebellion ELEMENTS: a) That the offender employs force or intimidation. b) That the aim of the offender is to attain any of the purposes of the crime of

ILLEGAL ASSOCIATION

rebellion or any of the objects of the crime of sedition. c) That there is no public uprising. Offended party need not be a person in authority or his agent, he may be a private individual if the object is to attain an object of sedition 2. Without public uprising, by attacking, by employing force or seriously intimidating or by seriously resisting any person in authority (PA) or any of his agents (APA), while engaged in the performance of official duties, or on the occasion of such performance. ELEMENTS: a) That the offender i) Makes an attack, ii) Employs force, iii) Makes a serious intimidation, or iv) Makes a serious resistance b) That the person assaulted is a person in authority or his agent. c) That at the time of the assault the person in authority or his agent i) Is engaged in the actual performance of official duties, or ii) That he is assaulted by reason of the past performance of his official duties. d) That the offender knows that the one he is assaulting is a person in authority or his agent in the exercise of his duties. e) That there is no public uprising. Considered not in the actual performance of official duties: 1. When the PA or APA exceeds his powers or acts without authority 2. unnecessary use of force or violence 3. descended to matters which are private in nature TWO KINDS OF DIRECT ASSAULT OF THE SECOND FORM: 1. Simple assault 2. Qualified assault DIRECT ASSAULT IS QUALIFIED WHEN: 1. Committed with a weapon 2. Offender is a public officer or employee 3. Offender lays hands upon a person in authority Knowledge of the accused that the victim is a PA or APA is essential.

An attack is any offensive or antagonistic movement or action of any kind. If the offended party is only an APA, force employed must be of a serious character, indicates determination to defy the law and its representative. If the offended party is PA, employed force need not be serious. Teachers, professors, and persons in charge with the supervision of public or duly recognized private schools, colleges and universities shall be deemed persons in authority, in applying Arts. 148 and 151. Evidence of motive of the offender is important when the person in authority or his agent who is attacked or seriously intimidated is not in the actual performance of his official duty. When PA or APA descended to matters which are private in nature, an attack by one against the other is not direct assault. Even when PA or APA agrees to fight, an attack made by accused constitutes Direct Assault, except when the attack is made in lawful defense; the character of a person in authority or agent is not laid off at will but attaches to him until he ceases to be in office. The crime of slight physical injuries is absorbed in direct assault. ART. 149- INDIRECT ASSAULT

ELEMENTS: 1. That a PA or an APA is the victim of any of the forms of direct assault defined in Art. 148 2. That a person comes to the aid of the APA 3. That the offender makes use of force or intimidation upon such person coming to the aid of the APA. Indirect assault can be committed only when a direct assault is also committed.

 ART. 150- DISOBEDIENCE TO SUMMONS ISSUED BY THE NATL ASSEMBLY, ITS COMMITTEES OR SUBCOMMITTEES, BY THE CONSTITUTIONAL COMMISSION, ITS COMMITTEES, SUBCOMMITTEES OR DIVISIONS PUNISHABLE ACTS: 1. Refusing, without legal excuse, to obey summons of Congress, or any commission or committee chairman or member authorized to summon witnesses; 2. Refusing to be sworn or placed under affirmation while before such legislative or constitutional body or official; 3. Refusing to answer any legal inquiry or to produce any books, papers, documents, or records in his possession, when required by them to do so in the exercise of their functions; 4. Restraining another from attending as a witness in such legislative or constitutional body; 5. Inducing disobedience to summons or refusal to be sworn by any such body or official. The testimony of a person summoned must be upon matters into which the legislature has jurisdiction to inquire. ART. 151- RESISTANCE & DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENTS OF SUCH PERSON ELEMENTS OF RESISTANCE & SERIOUS DISOBEDIENCE: 1. That a person in authority or his agent is engaged in the performance of official duty or gives a lawful order to the offender 2. That the offender resists or seriously disobeys such person in authority or his agent 3. That the act of the offender is not included in the provisions of Arts. 148-150 ELEMENTS OF SIMPLE DISOBEDIENCE: 1. That an APA is engaged in the performance of official duty or gives a lawful order to the offender; 2. That the offender disobeys such APA; 3. That such disobedience is not of a serious nature. The accused must have knowledge that the person giving the order is a peace officer.

Direct assault distinguished from resistance or serious disobedience DIRECT ASSAULT RESISTANCE
The PA or APA must be engaged in the performance of official duties or that he is assaulted by reason thereof. There is employed. force Only in actual performance of duties.

Use of force is not so serious.

Chapter Five: Public Disorder (ARTS. 153156) ART. 153- TUMULTS & OTHER DISTURBANCES OF PUBLIC ORDER PUNISHABLE ACTS: 1. Causing any serious disturbance in a public place, office or establishment. 2. Interrupting or disturbing public performances, functions or gatherings, or peaceful meetings, if the act is not included in Arts. 131-132. 3. Making an 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 Serious disturbance must be planned or intended

Outcry to shout spontaneously subversive or provocative words tending to stir up the people so as to obtain by means of force or violence any of the objects of rebellion or sedition Burying with pomp the body of a person ostentatious display of a burial Inciting to sedition or rebellion distinguished from public disorder INCITING TO PUBLIC SEDITION OR DISORDER REBELLION

The outcry or displaying of emblems or placards should have been done with the idea aforethought of inducing his hearers or readers to commit the crime of rebellion or sedition.

The outcry is more or less unconscious outburst which, although rebellious or seditious in nature, is not intentionally calculated to induce others to commit rebellion or sedition.

3. Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusements 4. Causing any disturbance or scandal in public places while intoxicated or otherwise, provided Art. 153 is not applicable If the disturbance is of a serious nature, the case will fall under Art. 153

The penalty next higher in degree shall be imposed upon persons causing any disturbance or interruption of a tumultuous character.

Charivari - includes a medley of discordant voices, a mock serenade of discordant noises made on kettles, tin, horns, etc. designed to annoy or insult The reason for punishing instigating or taking active part in charivari and other disorderly meeting is to prevent more serious disorders. ART. 156- DELIVERING PRISONERS FROM JAIL ELEMENTS: 1. That there is a person confined in a jail or penal establishment 2. That the offender removes such person, or helps the escape of such person Committed in two ways: 1. by removing a prisoner confined in jail or penal institution to take away a person from confinement with or without the active participation of the person released 2. by helping said person to escape furnish material means to facilitate escape The prisoner may be a detention prisoner or one sentenced by virtue of a final judgment. If the prisoner was confined in a hospital when he was assisted in escaping constitutes a violation of Art. 156 because the hospital may be considered as an extension of the jail. If the offender is a public officer who is actually and presently in custody or charge of the prisoner, (e.g. a guard on duty) he is liable for infidelity in the custody of a prisoner. But if the crime committed by the prisoner for which he is confined or serving sentence is treason, murder, or parricide, the act of taking the place of the prisoner in prison is that of an accessory under Art. 19, par. 3

ART. 154- UNLAWFUL USE OF MEANS OF PUBLICATION & UNLAWFUL UTTERANCES PUNISHABLE ACTS: 1. Publishing or causing to be published as news any false news which may endanger the public order, or cause damage to the interest or credit of the State 2. 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 3. Maliciously publishing or causing to be published any official resolution or document without authority, or before they have been published officially 4. Printing, publishing or distributing (or causing the same) books, pamphlets, periodicals, or leaflets which do not bear the real printers name, or which are classified as anonymous The offender must know that the news is false, to be liable. R.A. No. 248 prohibits the reprinting, reproduction or republication of government publications and official documents without previous authority. ART. 155- ALARMS & SCANDALS PUNISHABLE ACTS: 1. Discharging any firearm, rocket, firecracker, or other explosive within any town or public place, calculated to cause alarm or danger (should not be aimed at a person otherwise illegal discharge of firearm under Art. 254) 2. Instigating or taking an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility

Chapter Six: Evasion Sentence (Arts. 157-159)

of

Service

of

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 3. That he evades the service of his sentence by escaping during the term of his sentence. CIRCUMSTANCES QUALIFYING THE OFFENSE: 1. By means of unlawful entry (this should be by scaling) 2. By breaking doors, windows, gates, walls, roofs or floors 3. By using picklocks, false keys, disguise, deceit, violence, or intimidation 4. Through connivance with other convicts or employees of the penal institution. Minor delinquents who escape confinement are not liable for evasion of service of sentence. Art. 157 is applicable to sentence by destierro. ART. 158- EVASION OF SENTENCE ON THE OCCASION OF DISORDERS, CONFLAGRATIONS, EARTHQUAKES, OR OTHER CALAMITIES ELEMENTS: 1. That the offender is a convict by final judgment, and is confined in a penal institution 2. That there is disorder, resulting from: a) Conflagration b) Earthquake Chapter Seven: Commission of Another Crime During Service of Penalty Imposed for Another Previous Offense ART. 160- COMMISSION OF ANOTHER CRIME DURING THE SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE (Quasi-Recidivism) ELEMENTS OF QUASI-RECIDIVISM: 1. That the offender was already convicted by final judgment 2. That he committed a new felony before beginning to serve such sentence or while serving the same

c) Explosion d) similar catastrophe e) mutiny in which he has not participated 3. That the offender leaves the penal institution where he is confined, on the occasion of such disorder or during the mutiny 4. That the offender fails to give himself up to the authorities within 48 hrs. following the issuance of a proclamation by the Chief Executive announcing the passing away of such calamity. If the offender fails to give himself up, he gets an increased penalty; if the offender gives himself up, he is entitled to a deduction of 1/5 of his sentence. ART. 159 OTHER CASES OF EVASION OF SENTENCE (CONDITIONAL PARDON) ELEMENTS: 1. That the offender was a convict. 2. That he was granted a conditional pardon by the Chief Executive. 3. That he violated any of the conditions of such pardon. Violation of conditional pardon is a distinct crime. Offender can be arrested and reincarcerated without trial in accordance with Sec. 64(I) of the Revised Administrative Code. The condition imposed upon the prisoner that he should not commit another crime, extends to offenses punishable by special laws.

WHO CAN BE PARDONED: 1. At the age of 70, if he shall have already served out his original sentence (and not a habitual criminal) or 2. When he shall have completed it after reaching the said age, unless by reason of his conduct or other circumstances he shall not be worthy of such clemency. In reiteracion, the offender against whom it is considered shall already have served out his sentence for the prior offenses.

Quasi-recidivism is a special aggravating circumstance which cannot be offset by ordinary mitigating circumstances. First crime for which the offender is serving sentence need not be a felony; but the second crime must be a felony.

Section Two - Counterfeiting Coins ART. 163 MAKING AND IMPORTING AND UTTERING FALSE COINS ELEMENTS: 1. that there be false or counterfeited coins 2. that the offender either made, imported or uttered such coins 3. that in case of uttering such false or counterfeited coins, he connived with the counterfeiters or importers COUNTERFEITING - means the imitation of a legal or genuine coin. UTTERING - to pass counterfeited coins KINDS OF COINS THE COUNTERFEITING OF WHICH IS PUNISHED: 1. Silver coins of the Philippines or coin of the Central Bank 2. Coin of the minor coinage of the Philippines or the Central Bank 3. Coin of the currency of a foreign country Former coins withdrawn from circulation maybe counterfeited. Par 1 and 2 of Article 163 mention coin without qualifying word.

TITLE IV: CRIMES AGAINST PUBLIC INTEREST Chapter One: Forgeries Section 1- Forging the Seal of the Government of the Philippine Islands, the signature or stamp of the Chief Executive ART. 161 COUNTERFEITING SEAL OF GOVERNMENT, SIGNATURE AND STAMP OF PRESIDENT Acts punished: 1. Forging the Great Seal of the Government of the Philippines. 2. Forging the signature of the President 3. Forging the stamp of the President If the signature of the president is forged, it is not falsification of public document ART. 162- USE OF FORGED SIGNATURE, COUNTERFEIT SEAL OR STAMP ELEMENTS: 1. that the seal of the Republic was counterfeited, or signature or stamp forged by another person. 2. that the offender knew of the counterfeiting or forgery 3. that he used the counterfeit seal or forged signature or stamp The offender must not be the forger otherwise the crime committed is forgery under Art. 161. In using the forged signature or stamp of the President or forged seal, the participation of the offender is in effect that of an accessory. Although the general rule is that he should be punished by a penalty two (2) degrees lower, under Article 162 he is punished by a penalty only one degree lower.

As regard par 3, the used of the word currency is not correct because the Spanish text uses the word moneda which embraces not only those that are legal tender but also those out of circulation. ART. 164 - MUTILATION OF COINSIMPORTATION AND UTTERANCE OF MUTILATED COINS

Acts Punished: 1. Mutilating coins of the legal currency, with the further requirement that there be intent to damage or to defraud another 2. Importing or uttering such mutilated coins, with the further requirement that there must be connivance with the mutilator or importer in case of uttering MUTILATION- to take off part of the metal either by filing it or substituting it for another metal of inferior quality. The coin must be of legal tender in mutilation

 ART. 165 - SELLING OF FALSE OR MUTILATED COIN, WITHOUT CONNIVANCE Acts Punished: 1. Possession of coin, counterfeited or mutilated by another with intent to utter the same knowing that it is false or mutilated 2. Actually uttering false or mutilated coin, knowing it to be false or mutilated Does not require that false coin is legal tender

2. The offender knows that any of these instrument is forged or falsified 3. That he performs any of these acts: a) Using any of such forged or falsified instruments b) Possession with intent to use, any of the forged or falsified documents

ART. 169 - HOW FORGERY IS COMMMITTED How Committed: 1. By giving to treasury or bank note or any instrument payable to bearer or to order the appearance of a true and genuine document. 2. By erasing, substituting, or altering by any means the figures, letters, words or signatures contained therein Includes falsification and counterfeiting

Section Three - Forging treasury or bank notes, obligations and securities; importing and uttering false or forged notes, obligations and securities ART. 166 - FORGING TREASURY OR BANK NOTES OR OTHER DOCUMENTS AND UTTERING THE SAME Acts Penalized: 1. Forging or falsification of treasury or bank notes or other documents payable to bearer 2. Importation of the same 3. Uttering the same in connivance with forgers or importers ART. 167 - COUNTERFEITING, IMPORTING AND UTTERING INSTRUMENT NOT PAYABLE TO BEARER ELEMENTS: 1. That there be an instrument payable to order or other document of credit not payable to bearer 2. That the offender either forged, imported or uttered such instrument 3. That in case of uttering he connived with the importer or forger

Sec. 4 - Falsification of legislative, public, commercial and private documents and wireless, telegraph and telephone messages ART. 170 - FALSIFICATION OF LEGISLATIVE DOCUMENT ELEMENTS: 1. That there be a bill, resolution or ordinance enacted by or approved or pending approval by either House of the Legislative or any provincial board or municipal council 2. The offender alters the same 3. That alteration changed the meaning of the document ART. 171 - FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE OR NOTARY OR ECCLESIASTICAL MINISTER ELEMENTS: 1. That the offender is a public officer, employee or notary public or ecclesiastical minister. 2. That he takes advantage of his official position When: a) He has the duty to make or prepare or otherwise to intervene in the preparation of the document

ART. 168 - ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK NOTES AND OTHER INSTRUMENTS OF CREDIT ELEMENTS: 1. That the treasury or bank note or certificate or other obligation and certificate payable to bearer or any instrument payable to order or other document of credit not payable to bearer is forged or falsified by another.

b) He has the official custody of the document which he falsifies If he did not take advantage of his official position, he would be guilty of falsification of public document by a private individual. 3. The offender falsifies a document. DOCUMENT- any written statement by which a right is established or an obligation extinguished or by which a fact may be proven or affirmed

2. That he has the legal obligation to disclose the truth of the facts narrated by him 3. That the facts narrated by the offender are absolutely false 4. That the perversion of truth in the narration of facts was made with the wrongful intent of injuring a third person E. ALTERING TRUE DATES Date must be essential. The alteration of the date or dates in a document must affect either the veracity of the document or the effects thereof. Alteration of dates in official receipts to prevent discovery of malversation is falsification

DIFFERENT MODES OF FALSIFYING A DOCUMENT: A. COUNTERFEITING OR IMITATING ANY HANDWRITING, SIGNATURE OR RUBRIC REQUISITES: 1. That there be an intent to imitate or an attempt to imitate 2. The two signature or handwriting, the genuine and the forged bear some resemblance to each other B. CAUSING IT TO APPEAR THAT PERSONS HAVE PARTICIPATED IN AN ACT OR PROCEEDING REQUISITES: 1. that the offender caused it to appear in a document that a person or persons participated in an act or proceeding 2. that such persons did not in fact so participate in the action proceeding C. ATTRIBUTING TO PERSONS WHO HAVE PARTICIPATED IN ANY ACT OR PROCEEDING STATEMENTS OTHER THAN THOSE IN FACT MADE BY THEM REQUISITES: 1. that persons participated in an act or proceeding 2. that such person or persons made statements in that act or proceeding 3. that the offender in making a document, attributed to such person, statements other than those in fact made by such person. D. MAKING UNTRUTHFUL STATEMENTS IN A NARRATION OF FACTS REQUISITES: 1. That the offender makes in a document statements in a narration of facts

F. MAKING ALTERATION OR INTERCALATION IN GENUINE DOCUMENT WHICH CHANGSE ITS MEANING REQUISITES: 1. That there be an alteration or intercalation (insertion) on a document 2. That it was made on a genuine document 3. That the alteration and intercalation has changed the meaning of the document 4. That the change made the document speak something false

G. ISSUING IN AN AUTHENTICATED FORM A DOCUMENT PURPORTING TO BE A COPY OF AN ORIGINAL DOCUMENT WHEN NO SUCH ORIGINAL EXIST OR INCLUDING IN SUCH A COPY A STATEMENT CONTRARY TO OR DIFFERENT FROM THAT OF THE GENUINE ORIGINAL CANNOT be committed by a private individual or by a notary or public officer who DOES NOT take advantage of his official position. Intent to gain or prejudice is not necessary

H. INTERCALATING ANY INSTRUMENT OR NOTE RELATIVE TO THE ISSUANCE IN A PROTOCOL, REGISTRY OR OFFICIAL BOOK ART. 172 - FALSIFICATION BY PRIVATE INDIVIDUALS AND USE OF FALSIFIED DOCUMENTS

Acts Punished: 1. Falsification of public, official or commercial document by a private individual ELEMENTS: a) The offender is a private individual or a public officer or employee who did not take advantage of his official position b) That he committed any of the acts of falsification enumerated in Art.171 c) That the falsification was committed in a public or official or commercial document 2. Falsification of private document by any person ELEMENTS: a) That the offender committed any of the acts of falsification except those in par. 7, enumerated in Art.171. b) That the falsification was committed in a private document. c) That the falsification caused damage to a third party or at least the falsification was committed with the intent to cause damage 2. Use of falsified documents ELEMENTS: Introducing in a judicial proceedinga) that the offender knew that the document was falsified by another person b) that the false document was embraced in Art. 171 or in any subdivisions No.1 or 2 of art. 172 c) that he introduced said document in evidence in any judicial proceeding no damage is required

DOCUMENT
When committed as a necessary means to commit estafa, complex crime is committed Even when committed as a necessary means to commit estafa, the crime is either estafa or falsification only, because in this type of falsification, an act independent of falsification is required to show intent to defraud

FALSIFICATION BY PRIVATE INDIVIDUAL VS. FALSIFICATION OF PUBLIC OFFICER Art. 172

The prejudice to a third party is taken into account so that if damage is not apparent, or at least if with no intent to cause it, the falsification is not punishable

Art. 171
Prejudice to third person is immaterial; what is punished is the violation of public faith and the perversion of truth

ART. 173 - FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH AND TELEPHONE MESSAGES AND USE OF SAID FALSIFIED MESSAGES Acts Punished: 1. Uttering fictitious wireless, telegraph, or telephone messages 2. Falsifying wireless, telegraph or telephone messages 3. Using such falsified messages With respect to Nos. 1 and 2, the offender is an officer or employee of the government, or an officer or employee of a private corporation, engaged in the service of sending or receiving wireless, cable or telephone message. With respect to No. 3, the offender may not be connected to the government or to such corporation.

Use in any other transactiona) That the offender knew that the document was falsified by another person b) that the false document was embraced in Art. 171 or in any of subdivision No. 1 or 2 of Art. 172 c) that he used such document (not in judicial proceeding) d) that the use of the false document caused damage to another or at least it was used with intent to cause damage FALSIFICATION AS A MEANS TO COMMIT ESTAFA FALSIFICATION OF FALSIFICATION OF PUBLIC/OFFICIAL PRIVATE OR COMMERCIAL DOCUMENT

Section Five Falsification of medical certificates, certificates of merit or service and the like

 ART. 174 - FALSE MEDICAL CERTIFICATES, FALSE CERTIFICATE OF MERIT OR SERVICE PERSONS LIABLE: 1. physician or surgeon who, in connection with the practice of profession issued a false certificate 2. public officer who issued a false certificate of merit or service, good conduct or similar circumstances 3. private individual who falsified a certificate falling in the classes mentioned in Nos. 1 and 2 ART. 175 - USING FALSE CERTIFICATES ELEMENTS: 1. that a false certificate mentioned in the preceding article was issued 2. that the offender knew that the certificate was false 3. that he used the same Section Six Manufacturing, importing and possession of instruments or implements intended for the commission of falsification ART. 176 - MANUFACTURING AND POSSESSION OF INSTRUMENTS AND IMPLEMENTS FOR FALSIFICATION Acts Punished: 1. Making or introducing into the Philippines any stamps, dies, marks, or other instruments or implements for counterfeiting 2. Possession with intent to use the instruments or implements for counterfeiting or falsification made in or introduced into the Philippines by another person

2. By performing any act pertaining to a person in authority or public officer of the government under the pretense of official position and without authority May be violated by a public officer. Does not apply to occupant under color of title. Republic Act No. 75 provides penalty for usurping authority of diplomatic, consular or other official of a foreign government. ART. 178 - USING FICTITIOUS NAME AND CONCEALING TRUE NAME ELEMENTS: (using fictitious name) 1. That the offender uses a name other than his real name 2. That he uses that fictitious name publicly 3. That the purpose of the offender isa) To conceal a crime b) To evade the execution of a judgment c) To cause damage to public interest ELEMENTS: (Concealing true name) 1. That the offender concealsa) his true name, b) all other personal circumstances 2. That the purpose is only to conceal his identity CA 142 punishes illegal use of alias.

ART. 179 - ILLEGAL USE OF UNIFORM OR INSIGNIA ELEMENTS: 1. That the offender make use of insignia, uniform or dress 2. That the insignia, uniform or dress pertains to an office not held by the offender or to a class of person of which he is not a member 3. That said insignia, uniform or dress is used publicly and improperly Republic Act No. 493 punishes the wearing of insignia, badge or emblem of rank of the members of the Armed Forces of the Philippines or Constabulary.

Chapter Two: Other Falsities (Arts. 177184) Section One Usurpation of authority, rank, title, and improper use of names, uniforms and insignia ART. 177 - USURPATION OF AUTHORITY OR OFICIAL FUNCTIONS HOW COMMITTED: 1. By misrepresenting oneself to be an officer, agent or representative of the government, whether local, national or foreign

Section Two - False Testimony FALSE TESTIMONY- is committed by any person who, being under oath, and required to

testify as to the truth of a certain matter at a hearing before a competent authority, shall deny the truth or say something contrary to it. ART. 180 - FALSE TESTIMONY AGAINST A DEFENDANT ELEMENTS: 1. That there be a criminal proceeding 2. That the offender testifies falsely under oath against the defendant therein 3. That the defendant who gives false testimony knows that it is false 4. That the defendant against whom the false testimony is given is either acquitted or convicted in a final judgment Defendant must be sentenced to at least a correctional; penalty or a fine, or must be acquitted. The offender is liable even if his testimony was not considered by court. The law intends to punish the mere giving of false testimony. ART.181 - FALSE TESTIMONY FAVORABLE TO THE DEFENDANT Conviction or acquittal of defendant in principal case is not necessary ART. 182 - FALSE TESTIMONY IN CIVIL CASES ELEMENTS: 1. That the testimony must be given in a civil case 2. That the testimony must relate to the issues presented in said case 3. That the testimony must be false 4. That the false testimony must be given by the defendant knowing it to be false 5. That the testimony must be malicious and given with an intent to affect the issues presented in said case. ART. 183 - PERJURY Two ways of committing perjury: 1. By falsely testifying under oath 2. By making a false affidavit ELEMENTS: 1. That the accused made a statement under oath or executed an affidavit upon a material matter

2. That the statement or affidavit was made before a competent officer authorized to receive and administer oath 3. That in that statement or affidavit, the accused made a willful and deliberate assertion of a falsehood 4. That the sworn statement or affidavit containing the falsity is required by law

ART.184 - OFFERING FALSE TESTIMONY IN EVIDENCE ELEMENTS: 1. That the offender offered in evidence a false witness or testimony 2. That he knew the witness or testimony was false 3. That the offer was made in a judicial or official proceeding

Chapter Three: Frauds (Arts. 185-189) ART. 185 - MACHINATIONS IN PUBLIC AUCTIONS Acts Punishable: 1. Soliciting any gift or promise as a consideration for refraining from taking part in the public auction 2. Attempting to cause bidders to stay away from an auction by threats, gifts, promises or any artifice There should be an intention to reduce the price

ART. 186 - MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE Acts Punishable: 1. Combination or conspiracy to prevent free competition in market 2. Monopoly to restrain free competition in market 3. Making transactions prejudicial to lawful commerce or to increase the market price of merchandise If the offense affects any food substance or other particles of prime necessity, it is sufficient that initial steps are taken.

ART. 187 - IMPORTATION AND DISPOSITION OF FALSELY MARKED ARTICLES OR MERCHANDISE MADE OF GOLD, SILVER OR OTHER PRECIOUS METALS OR THEIR ALLOYS

ELEMENTS: 1. That the offender imports, sells or disposes any of those articles 2. That the stamps, brands or marks of those articles or merchandise fail to indicate the actual fineness or quality of said metal or alloy 3. That the offender knows that the stamps, brands, or marks fail to indicate the actual fineness or quality of said metal or alloy NOTE: Arts. 188 and 189 have been repealed by the Intellectual Property Code.

Traffic in Narcotic Drugs and Psychotropic Substances. Dangerous Drugs include those listed in the Schedules annexed to the 1961 Single Convention on Narcotic Drugs, as amended by the 1972 Protocol, and in the Schedules annexed to the 1971 Single Convention on Psychotropic Substances. UNLAWFUL (ART. II) ACTS AND PENALTIES

RA 455- LAW ON SMUGGLING Acts Punishable: 1. That the merchandise must have been fraudulently or knowingly imported contrary to law 2. That the defendant if he is not the importer himself, must have received, concealed, bought, sold or in any manner facilitated the transportation, concealment, or sale of the merchandise and that he must be shown to have knowledge that the merchandise had been illegally imported.

Dangerous Drugs 1. Importation MAXIMUM PENALTY is imposed upon any person who: a) without being authorized, shall import or bring into the Philippines dangerous drugs through the use of diplomatic passport, diplomatic facilities or any other means involving his/her official status intended to facilitate the unlawful entry of the same. In addition, the diplomatic passport shall be confiscated and cancelled. b) Organizes, manages or acts as financier of any of the illegal activities prescribed herein any person who acts as a "protector/coddler" of any violator is also liable. A Financier is any person who pays for, raises or supplies money for or underwrites any of the illegal activities proscribed under RA 9165. A Protector/Coddler is any person who knowingly or willfully consents to unlawful act provided for in this Act and uses his/her influence, power or position in shielding, harboring, screening or facilitating the escape of any person he or she knows or has reasonable ground to believe or suspects has violated the provisions of this Act in order to prevent the arrest, prosecution and conviction of the violator.

TITLE FIVE: CRIMES RELATED TO OPIUM AND OTHER PROHIBITED DRUGS

REPUBLIC ACT NO. 9165 COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 (Repealing RA No. 6425, otherwise known as the Dangerous Drugs Act of 1972) Declaration of Policy (Sec. 2) 1. It is the policy of the State to safeguard the integrity of its territory and the well-being of its citizenry particularly the youth, from the harmful effects of dangerous drugs on their physical and mental well-being and to defend the same against acts or omissions detrimental to their development and preservation. 2. To provide effective mechanisms or measures to re-integrate into society individuals who have fallen victims to drug abuse or dangerous drug dependence through sustainable programs of treatment and rehabilitation. Controlled Precursors and Essential Chemicals include those listed in Tables I and II of the 1988 UN Convention Against Illicit

2. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation MAXIMUM PENALTY is imposed: a) If the sale, trading, etc. transpires within one hundred (100) meters from the school.

b) For drug pushers who use minors or mentally incapacitated individuals as runners, couriers and messengers, or in any other capacity directly connected to the trade. c) If the victim of the offense is a minor or a mentally incapacitated individual, or should a dangerous drug involved in any offense herein provided be the proximate cause of death of a victim thereof. d) Upon any organizer, manager or financier of any of the illegal activities prescribed herein any person who acts as a "protector/coddler" of any violator is also liable. Persons who act as broker in any of such transaction are also criminally liable.

any person who acts as a "protector/coddler" of any violator is also liable. If such den, dive or resort is owned by a third person, the same shall be confiscated and escheated in favor of the government.

4. Employment at or visiting a Den, Dive or Resort, provided that the employee or visitor is aware of the nature of the place as such. 5. Manufacture of Dangerous Drugs PRESUMPTION: The presence of any controlled precursor and essential chemical or laboratory equipment in the clandestine laboratory is a prima facie proof of manufacture of any dangerous drug. AGGRAVATING IF is undertaken or established under the following circumstances: a) Any phase of the manufacturing process was conducted in the presence or with the help of minor/s: b) Any phase or manufacturing process was established or undertaken within one hundred (100) meters of a residential, business, church or school premises; c) Any clandestine laboratory was secured or protected with booby traps; d) Any clandestine laboratory was concealed with legitimate business operations; or e) Any employment of a practitioner, chemical engineer, public official or foreigner. MAXIMUM PENALTY is imposed upon any organizer, manager or financier of any of the illegal activities prescribed herein any person who acts as a "protector/coddler" of any violator is also liable.

The consummation of the crime of illegal sale of drugs may be sufficiently established even in the absence of an exchange of money. The payment could precede or follow delivery of the drug sold. In a "buy-bust" operation, what is important is the fact that the poseur-buyer received the shabu from the offender and that the same was presented as evidence in Court. (People vs. Yang, G.R. No. 148077, February 16, 2004) Without evidence that the accused handed over the shabu to the poseur buyer, he may not be convicted of consummated sale of shabu. However, where the accused intended to sell shabu and commenced by overt acts the commission of the intended crime by showing the substance to the poseur-buyer, he will be guilty of the crime of attempted sale of shabu. (People vs. Adam, G.R. No. 143842, October 13, 2003)

3. Maintenance of a Den, Dive or Resort MAXIMUM PENALTY shall be imposed: a) Where any dangerous drug is administered, delivered or sold to a minor who is allowed to use the same in such place. b) Should any dangerous drug be the proximate cause of the death of a person using the same in such den, dive or resort. c) Upon any organizer, manager or financier of any of the illegal activities prescribed herein

6. Manufacture or Delivery of Equipment, Instrument, Apparatus and Other Paraphernalia MAXIMUM PENALTY is imposed upon any person who uses a minor or a mentally incapacitated individual to deliver such equipment, instrument, etc.

7. Possession of Dangerous Drugs 8. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia PRESUMPTION: The possession of such equipment, instrument, etc. shall be prima facie evidence that the possessor has smoked, consumed, administered to himself/herself, injected, ingested or used a dangerous drug. 9. Possession of Dangerous Drugs During Parties, Social Gatherings and Meetings, or in the proximate company of at least 2 persons maximum penalties shall be imposed, regardless of the quantity and purity of such dangerous drugs 10. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia During Parties, Social Gatherings or Meetings 11. Use of Dangerous Drugs 12. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources thereof. MAXIMUM PENALTY shall be imposed upon the offender if the land involved is part of the public domain. If the land used is private land, the same shall be confiscated and escheated in favor of the State, unless the owner thereof can prove lack of knowledge despite the exercise of due diligence on his part. MAXIMUM PENALTY is imposed upon any organizer, manager or financier of any of the illegal activities prescribed herein any person who acts as a "protector/coddler" of any violator is also liable. 13. Failure to maintain or keep original records of transactions on dangerous drugs Imposed upon any practitioner, manufacturer, wholesaler, importer, distributor, dealer or retailer An additional penalty shall be imposed through the revocation of the license to practice his /her profession, in case of a practitioner, or of the business, in case of a manufacturer, seller, importer, etc. 14. Unnecessary Prescription of Dangerous Drugs

prescribing any dangerous drug to any person whose physical or physiological condition does not require the use or in the dosage prescribed

15. Unlawful Prescription of Dangerous Drugs making or issuing a prescription or any other writing purporting to be a prescription for any dangerous drug 16. Misappropriation, misapplication or failure to account for confiscated, seized or surrendered dangerous drugs, plant sources of dangerous drugs, instruments, paraphernalia etc. including the proceeds or properties obtained from the unlawful act committed Applies to public officer or employee 17. Benefiting from the proceeds of trafficking of dangerous drugs Applies only to public officials (elective local or national) 18. Receiving financial or material contributions or donations from persons found guilty of trafficking of dangerous drugs Applies only to public officials (elective local or national) 19. Planting dangerous drugs as evidence 20. Consenting to or knowingly tolerating any violation of this Act Applies only to officers of juridical entities, in which case they shall be liable as co-principals 21. Consenting to or knowingly tolerating or authorizing the use of a vehicle, vessel, aircraft, equipment or other facility, as an instrument in the importation, sale, trading, administration, dispensation, delivery, distribution, transportation or manufacture of dangerous drugs if the same is owned by or under the control or supervision of the juridical entity 22. Violating any rule or regulation issued by the Dangerous Drugs Board pursuant to this Act 23. Issuance of false or fraudulent dangerous drugs test results 24. Violation of the confidentiality rule on records of drug dependents under the voluntary submission program

25. Failure or refusal to appear as a witness for any violation of this Act 26. Delay and bungling in the prosecution of drug-related cases Controlled Precursors and Essential Chemicals 1. Importation MAXIMUM PENALTY is imposed upon any person who: a) without being authorized, shall import or bring into the Philippines dangerous drugs through the use of diplomatic passport, diplomatic facilities or any other means involving his/her official status intended to facilitate the unlawful entry of the same. In addition, the diplomatic passport shall be confiscated and cancelled. b) Organizes, manages or acts as financier of any of the illegal activities prescribed herein any person who acts as a "protector/coddler" of any violator is also liable. 2. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation MAXIMUM PENALTY is imposed: e) If the sale, trading, etc. transpires within one hundred (100) meters from the school. f) For drug pushers who use minors or mentally incapacitated individuals as runners, couriers and messengers, or in any other capacity directly connected to the trade. g) If the victim of the offense is a minor or a mentally incapacitated individual, or should a dangerous drug involved in any offense herein provided be the proximate cause of death of a victim thereof. h) Upon any organizer, manager or financier of any of the illegal activities prescribed herein any person who acts as a "protector/coddler" of any violator is also liable. Persons who act as broker in any of such transaction are also criminally liable.

3. Maintenance of a Den, Dive or Resort any person who acts as a "protector/coddler" of any violator is also liable. If such den, dive or resort is owned by a third person, the same shall be confiscated and escheated in favor of the government. 4. Employment at or visiting a Den, Dive or Resort, provided that the employee or visitor is aware of the nature of the place as such. 5. Manufacture of Controlled Precursors and Essential Chemicals 6. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals 7. Manufacture or Delivery of Equipment, Instrument, Apparatus and Other Paraphernalia MAXIMUM PENALTY is imposed upon any person who uses a minor or a mentally incapacitated individual to deliver such equipment, instrument, etc. 8. Failure to maintain or keep original records of transactions on dangerous drugs Imposed upon any practitioner, manufacturer, wholesaler, importer, distributor, dealer or retailer An additional penalty shall be imposed through the revocation of the license to practice his /her profession, in case of a practitioner, or of the business, in case of a manufacturer, seller, importer, etc. 9. Misappropriation, misapplication or failure to account for confiscated, seized or surrendered dangerous drugs, plant sources of dangerous drugs, instruments, paraphernalia etc. including the proceeds or properties obtained from the unlawful act committed Applies to public officer or employee 10. Planting controlled precursors essential chemicals as evidence and

11. Consenting to or knowingly tolerating or authorizing the use of a vehicle, vessel, aircraft, equipment or other facility, as an instrument in the importation, sale, trading, administration, dispensation, delivery, distribution, transportation or manufacture or chemical diversion if the same is owned

by or under the control or supervision of the juridical entity 12. Violating any rule or regulation issued by the Dangerous Drugs Board pursuant to this Act Every penalty imposed shall carry with it the confiscation and forfeiture, in favor of the government, of all the proceeds and properties derived from the unlawful act, including, but not limited to: a) money and other assets obtained thereby, and b) the instruments or tools with which the particular unlawful act was committed, unless they are the property of a third person not liable for the unlawful act, but those which are not of lawful commerce shall be ordered destroyed. (Sec. 20) Any person charged under any provision of this Act regardless of the imposable penalty shall not be allowed to avail of the provisions of plea-bargaining. (Sec. 23) Any person convicted for drug trafficking or pushing under this Act, regardless of the penalty imposed by the Court, cannot avail of the privilege granted by the Probation Law (PD No. 968, as amended). (Sec. 24) Notwithstanding the provisions of the law to the contrary, a positive finding for the use of dangerous drugs shall be a qualifying aggravating circumstance in the commission of a crime by an offender, and the applicable penalty provided for in the RPC shall be applicable. (Sec. 25)

The maximum penalties of the unlawful acts shall be imposed, in addition to absolute perpetual disqualification from any public office, if those found guilty of such unlawful acts are government officials and employees. (Sec. 28) Any person who is found guilty of planting any dangerous drug and/or controlled precursor and essential chemical, regardless of quantity and purity, shall suffer the penalty of death. (Sec. 29) In addition to the penalties prescribed in the unlawful act committed, any alien who violates such provisions of this Act shall, after service of sentence, be deported immediately without further proceedings, unless death is the penalty. (Sec. 31)

DANGEROUS DRUGS TEST AND RECORD REQUIREMENT (ART. III) The following shall be subjected to undergo drug testing: a) Applicants for drivers license. b) Applicants for firearms license and for permit to carry firearms outside of residence. All persons who by the nature of their profession carry firearms shall undergo drug testing. c) Students of secondary and tertiary schools. d) Officers and employees of public and private offices (whether domestic or overseas) Shall be subjected to undergo a random drug test. Any officer or employee found positive of use of dangerous drugs shall be dealt with administratively which shall be a ground for suspension or termination subject to the provisions of Art. 282 of the Labor Code and pertinent provisions of the Civil Service Law. e) Officers and members of the military, police and other law enforcement agencies shall undergo an annual mandatory drug test. f) All persons charged before the prosecutors office with a criminal offense having an imposable penalty of imprisonment of not less that six (6) years and one (1) day shall have to undergo a mandatory drug test.

Attempt or Conspiracy to commit the following unlawful acts shall be penalized by the same penalty prescribed for the commission of the same under this Act: a) Importation of any dangerous drug and/or controlled precursor and essential chemical; b) Sale, trading, administration, dispensation, delivery, distribution and transportation of any dangerous drug and/or controlled precursor and essential chemical; c) Maintenance of a den, dive or resort where any dangerous drug is used in any form; d) Manufacture of any dangerous drug and/or controlled precursor and essential chemical; and e) Cultivation or culture of plants which are sources of dangerous drugs. (Sec. 26)

g) All candidates for public office whether appointed or elected both in the national or local government shall undergo a mandatory drug test. Those found to be positive for dangerous drugs shall be subject to the provisions of Sec. 15 (Use of Dangerous Drugs), which involves rehabilitation for a minimum period of 6 months for the first offense, or imprisonment of 6 to 12 years for the second offense. The privilege of suspended sentence shall be availed of only once by an accused drug dependent who is a first-time offender over fifteen (15) years of age at the time of the commission of the violation of Section 15 (Use of Dangerous Drugs) but not more than eighteen (18) years of age at the time when judgment should be promulgated. (Sec. 68) BOARD AND ENFORCEMENT

agencies for the proper and effective prosecution of the same. (Sec. 84 [h]) The PDEA shall be the lead agency in the investigation of any violation of RA No. 9165. (Sec. 86, last par.)

TITLE SIX: CRIMES AGAINST MORALS

PUBLIC

Chapter One: Gambling and Betting (Arts. 195-199) Arts. 195-199 and provisions of PD 483 and 449 are repealed insofar as they are inconsistent with PD 1602, which provides for stiffer penalties for violation of the Gambling Laws.

DANGEROUS DRUGS PHILIPPINE DRUG AGENCY (ARTICLE IX)

GAMBLING - is any game of chance or scheme, whether upon chance or skill, wherein wagers consisting of money, articles or value or representative of value are at stake or made. ELEMENTS OF LOTTERY: 1. consideration 2. chance 3. prize or some advantage or inequality in amount or value which is in the nature of a prize. KNOWINGLY PERMITTING GAMBLING TO BE CARRIED ON IN A PLACE OWNED OR CONTROLLED BY THE OFFENDER ELEMENTS: 1. That a gambling game was carried on in an inhabited or uninhabited place or in any building, vessel or other means of transportation. 2. That the place, building, vessel or other means of transportation is owned or controlled by the offender. 3. That the offender permitted the carrying on of such games, knowing that it is a gambling game. 2. By selling or distributing the same in connivance with the importer. 3. By possessing, knowingly and with intent to use, lottery tickets or advertisements. 4. By selling or distributing the same without connivance with the importer. The possession of any lottery ticket or advertisement is prima facie evidence of an intent to sell, distribute or use the same.

Dangerous Drugs Board shall be the policy-making and strategy-formulating body in the planning and formulation of policies and programs on drug prevention and control. Philippine Drug Enforcement Agency (PDEA) shall serve as the implementing arm of the Board, and shall be responsible for the efficient and effective law enforcement of all the provisions on any dangerous drug and/or controlled precursor and essential chemical as provided in the Act. Among the powers and duties of the PDEA is to prepare for prosecution or cause the filing of appropriate criminal and civil cases violation of all laws on dangerous drugs, controlled precursors and essential chemicals, and other similar controlled substances, and assist, support and coordinate with other government ART. 196 IMPORTATION SALE AND POSSESSION OF LOTTERY TICKETS OR ADVERTISEMENTS ACTS PUNISHED RELATIVE TO LOTTERY TICKETS OR ADVERTISEMENTS: 1. By importing into the Philippines from any foreign place or port any lottery ticket or advertisement.

 ART. 198 ILLEGAL BETTING ON HORSE RACES ACTS PUNISHABLE IN ILLEGAL BETTING ON HORSE RACES: 1. By betting on horse races during the periods not allowed by law. 2. By maintaining or employing a totalizer or other device or scheme for betting on races or realizing profit therefrom, during the periods not allowed by law. Chapter Two: Offenses Against Decency and Good Customs ((Arts. 200-202) ART. 200 GRAVE SCANDAL ELEMENTS: 1. That the offender performs an act or acts. 2. That such act or acts be highly scandalous as offending against decency or good customs. 3. That the highly scandalous conduct is not expressly falling within any article of this code. 4. That the act or acts complained of be committed in a public place or within the public knowledge or view. DECENCY - means proprietary of conduct; proper observance of the requirements of modesty , good taste, etc. CUSTOMS - established usage, social conventions carried on by tradition and enforced by social disapproval of any violation thereof. GRAVE SCANDAL - consists of acts which are offensive to decency and good customs which, having committed publicly, have given rise to public scandal to persons who have accidentally witnessed the same. If the act or acts of the offender are punished under another article of the Revised Penal Code, Article 200 is not applicable. ART. 201 IMMORAL DOCTRINES, OBSCENE PUBLICATIONS AND EXHIBITIONS, AND INDECENT SHOWS PERSONS LIABLE: 1. Those who shall publicly expound or proclaim doctrines openly and contrary to public morals. 2. The authors of obscene literature, published with their knowledge in any form; the editors publishing such literature;

and the owners, operating the establishment or selling the same. 3. Those who, in theaters, fairs, cinematographs or any other place, exhibit indecent or immoral shows which are proscribed or are contrary to morals, good customs, established policies, lawful orders, decrees and edicts 4. Those who shall give away or exhibit films, prints, engravings, sculpture or literature which are offensive to morals Publicity is required

MORALS - imply conformity with the generally accepted standards of goodness or rightness in conduct or character, sometimes, specifically, to sexual conduct. THE TEST OF OBSCENITY The test is whether the tendency of the matter charged as obscene, is to corrupt those whose minds are open to such influences, and into whose hands such a publication may fall and also whether or not such publication or act shocks the ordinary and common sense of men as an indecency. INDECENCY - an act against the good behavior and a just delicacy DISPOSITION OF PROHIBITED ARTICLES: The disposition of the literature, films, prints, engravings, sculptures, paintings or other materials involved in violation shall be governed by the following rules: 1. Upon conviction of the offender to be forfeited in favor of the government to be destroyed. 2. Where the criminal case against the violator of the decree results in an acquittal to be forfeited in favor of the government to be destroyed, after forfeiture proceedings conducted by the chief constabulary. 3. The person aggrieved by the forfeiture action of the Chief of Police may, within 15 days after his receipt of the copy of the decision, appeal the matter to the Secretary of the National Defense for review. The decision of the Secretary of the National Defense shall be final and unappealable. (sec. 2, P.D. 969) ART. 202 VAGARANTS AND PROSTITUTES PERSONS LIABLE: 1. Any person having no apparent means of subsistence, who has the physical ability

to work and who neglects to apply himself to some lawful calling 2. Any person found loitering about public or semipublic buildings or places or tramping or wondering about the country or the streets without visible means of support 3. Any idle or dissolute person who lodges in houses of ill fame; ruffians or pimps and those who habitually associate with prostitutes 4. Any person who, not being included in the provisions of other articles of this code, shall be found loitering in any inhabited or uninhabited place belonging to another without any lawful or justifiable purpose PROSTITUTES - women who, for money or profit habitually indulge in sexual intercourse or lascivious conduct VAGRANTS: 1. An idle or dissolute person who lodges in houses of ill-fame 2. Ruffian or pimp; or 3. One who habitually associates with prostitutes. Persons Liable under P.D. No. 1563 or the Mendicancy Law: 1. Mendicant one who has no visible and legal means of support, or lawful employment and who is physically able to work but neglects to apply himself to some lawful calling and instead uses begging as a means of living. 2. Any person who abets mendicancy by giving alms directly to mendicants, exploited infants, and minors on public roads, sidewalks, parks and bridges.

b) by popular election, or c) by appointment by authority

competent

Chapter Two: Malfeasance Misfeasance in Office (Arts. 204-212) Section One Dereliction of Duty

and

Misfeasance improper performance of some act which might lawfully be done. Malfeasance the performance of some act which ought not to be done. Nonfeasance omission of some act which ought to be performed ART. 204 KNOWINGLY RENDERING UNJUST JUDGMENT ELEMENTS: 1. That the offender is a judge 2. That he renders a judgment in a case submitted to him for decision 3. That the judgment is unjust 4. That the judge knows that his judgment is unjust JUDGMENT - the final consideration and determination of a court of competent jurisdiction upon the matters submitted to it, in an action or proceeding. SOURCES OF UNJUST JUDGMENT: 1. Error, or 2. ill-will or revenge, or 3. Bribery There is no liability at all for a mere error in good faith. ART. 205 - JUDGMENT RENDERED THROUGH NEGLIGENCE ELEMENTS: 1. That the offender is a judge 2. That he renders a judgment in a case submitted to him for decision 3. That the judgment is manifestly unjust 4. That it is due to his inexcusable negligence or ignorance MEANING OF manifestly unjust judgment It so manifestly contrary to law, that even a person having a meager knowledge of the law cannot doubt the injustice

TITLE SEVEN: CRIMES COMMITTED BY PUBLIC OFFICERS Chapter One: Preliminary Provisions (Art. 203) ART. 203 - WHO ARE PUBLIC OFFICERS REQUISITES: To be a public officer one must be 1. Taking part in the performance of public functions in the government, or performing in said Government or in any of its branches public duties as an employee, agent or subordinate official, of any rank or class; and 2. That his authority to take part in the performance of public functions or to perform public duties must bea) by direct provision of the law, or

 ART.206 UNJUST INTERLOCUTORY ORDER ELEMENTS: 1. That the offender is a judge 2. That he performs any of the following acts: a) knowingly renders unjust interlocutory order or decree, or b) renders a manifestly unjust interlocutory order or decree through inexcusable negligence or ignorance ART. 207 MALICIOUS DELAY IN THE ADMINISTRATION OF JUSTICE ELEMENTS: 1. That the offender is a judge 2. That there is a proceeding in court 3. That he delays the administration of justice 4. That the delay is malicious, that is, the delay is caused by the judge with deliberate intent to inflict damage on either party in the case

2. Revealing any of the secrets of his client learned by him in his professional capacity damage not necessary 3. Undertaking the defense of the opposing party in the same case without the consent of his first client if the client consents to the attorneys taking the defense of the other party, there is no crime PROCURADOR JUDICIAL - a person who had some practical knowledge of law and procedure, but not a lawyer, and was permitted to represent a party in a case before an inferior court. Section Two Bribery ART. 210 DIRECT BRIBERY PUNISHABLE ACTS: 1. By agreeing to perform, or by performing in consideration of any offer, promise, gift or present, an act constituting a crime, in connection with the performance of official duties. 2. By accepting a gift in consideration of the execution of an act which do not constitute a crime, in connection with the performance of his official duty. 3. By agreeing to refrain, or by refraining, from doing something which it is his official duty to do, in consideration of a gift or promise. ELEMENTS OF DIRECT BRIBERY: 1. That the offender be a public officer 2. That the offender accepts an offer or a promise or receives a gift or present by himself or through another 3. That such offer or promise be accepted, or gift or present received by the public officera) with a view to committing some crime; or b) in consideration of the execution of an act which does not constitute a crime, but the act must be unjust; or c) to refrain from doing something which it is his official duty to do. 4. That the act which the offender agrees to perform or which he executes be connected with the performance of his official duties For the purpose of punishing bribery, the temporary performance of public functions is sufficient to constitute a person a public officer

ART. 208 - PROSECUTION OF OFFENSES; NEGLIGENCE AND TOLERANCE PUNISHABLE ACTS: 1. By maliciously refraining from instituting prosecution against violators of the law 2. By maliciously tolerating the commission of a crime REQUISITES: 1. That the offender is a public officer who has a duty to cause the prosecution of, or to prosecute offenses 2. That knowing the commission of the crime, he does not cause the prosecution of the criminal or knowing that a crime is about to be committed he tolerates its commission 3. That the offender acts with malice and deliberate intent to favor the violator of the law

ART. 209 - BETRAYAL OF TRUST BY AN ATTORNEY OR SOLICITOR REVELATION OF SECRETS PUNISHABLE ACTS: 1. Causing damage to his client, either: a) by any malicious breach of professional duty; or b) inexcusable negligence or ignorance

 ART. 211 INDIRECT BRIBERY ELEMENTS: 1. That the offender is a public officer 2. That he accepts gifts 3. That the said gifts are offered to him by reason of his office DIRECT BRIBERY As to consideration INDIRECT BRIBERY

Section 2. Definition of Terms Government the national government, the local government, the GOCCs and all other instrumentalities or agencies of the government Public Officer - elective & appointive officials and employees, permanent or temporary, whether in the classified or unclassified or exempt services receiving compensation, even nominal from the government Section 3. Corrupt Practices of Public Officials: A. Persuading, inducing or influencing another public official 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, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense.

In both crimes the public officer receives gift

As to existence of agreement
There is agreement between the public officer and the giver of the gift or present No such exist agreement

As to necessity of the performance of the act

The offender agrees to perform or performs an act or refrains from doing something, because of the gift or promise It is not necessary that the officer should do any particular act or even promise to do an act, as it is enough that he accepts gifts offered to him by reason of his office

ART. 211-A - QUALIFIED BRIBERY ELEMENTS: 1. That the offender is a public officer entrusted with law enforcement 2. That the offender refrains from arresting or prosecuting an offender who has committed a crime punishable by reclusin perpetua and/or death 3. That the offender refrains from arresting or prosecuting the offender in consideration of any promise, gift or present ART. 212 CORRUPTION OF PUBLIC OFFICIALS ELEMENTS: 1. That the offender makes offers or promises or gives gifts or presents to a public officer 2. That the offers or promises are made or the gifts or presents given to a public, officer, under circumstances that will make the public officer liable for direct bribery or indirect bribery

B. Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself or for any other person, in connection with any other contract or transaction between the government and any other party, wherein the public officer in his official capacity has to intervene under the law. The lack of demand is immaterial. After all, Section 3(b) of R.A. 3019 uses the word or between requesting and receiving. There must be a clear intention on the part of the public officer to take the gift so offered and consider it as his or her own property from then on. Mere physical receipt unaccompanied by any other sign, circumstance or act to show acceptance is not sufficient to lead the court to conclude that the crime has been committed. (Peligrino vs. People, G.R. No. 136266, August 31, 2001)

ANTI-GRAFT AND CORRUPT PRACTICES ACT (RA 3019 as amended by RA 3047, PD 77 and BP 195)

C. Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit, for himself or for another, from any person for whom the public officer, in any manner or capacity has secured or obtained, or will secure or obtain, any government permit or license, in consideration for the help given or to be

given, without prejudice to Sec. 13 of this act. 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 1 year after his termination. E. Causing any undue injury to any party, including the government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or Government corporations charged with the grant of licenses or permits or other concessions. To be held liable under said section, the act of the accused which caused undue injury must have been done with evident bad faith or gross inexcusable negligence. Gross negligence has been defined as negligence characterized by the want of even slight care acting or omitting to act in a situation where there is a duty to act, not inadvertently but willfully and intentionally with a conscious indifference to consequences in so far as other persons may be affected. It is the omission of that care which even inattentive and thoughtless men never fail to take on their property. (Alejandro v. People, 170 SCRA 400) In case of public officials, there is gross negligence when a breach of duty is flagrant and palpable. (Quibal v. Sandiganbayan, 244 SCRA 224)

H. Directly or indirectly having financial or pecuniary interest in any business, contract or transaction in connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by the Constitution or by law from having any interest. I. Directly or indirectly becoming interested, for personal gain, or having material interest in any transaction or act requiring the approval of a board, panel or group which he is a member; and which exercises discretion in such approval, even if he votes against the same or does not participate in the action of the board, committee, panel or group. Interest for personal gain shall be presumed against those public officers responsible for the approval of manifestly unlawful, inequitable, or irregular transactions or acts by the board, panel or group to which they belong. Knowingly approving or granting any license, permit, privilege or benefit in favor of any person not qualified for or not legally entitled to such license, permit, privilege or advantage, or of a mere representative or dummy of one who is not qualified or entitled.

J.

K. Divulging valuable information of a confidential character, acquired by his office or by him on account of his official position to unauthorized persons, or releasing such information in advance of its authorized date. The Anti-Graft and Corrupt Practices Act expressly provides that in addition to acts and omissions of public officers already penalized by existing law (such as those under Title Seven of the Revised Penal Code), the acts or omissions described therein constitute corrupt practices of public officers and are punishable thereby. (R.A. No. 3019, Sec. 3)

F. Neglecting or refusing, after due demand or request, without sufficient justification, to act within reasonable time on any matter pending before him for the purpose of obtaining, directly or indirectly, from any person interested in the matter some pecuniary or material benefit or advantage, or for the purpose of favoring his own interest or giving undue advantage in favor of or discriminating against any other interested party. G. Entering on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby.

Section 4. Prohibition on Private individuals. Taking advantage of family or personal close relation with public official is punished. Knowingly inducing or causing any public official to commit any of the offenses defined in Section 3.

Section 5. Prohibition on certain relatives

The spouse or any relative, by rd consanguinity, within the 3 civil degree, of the President, the Vice-President, Senate President, or the Speaker of the House of Representatives is prohibited to intervene directly or indirectly, in any business, transaction, contract or application with the government.

salary and to his lawful income (RA 1319) GROUND FOR FORFEITURE OF UNEXPALINED WEALTH Section 11. Prescription of offenses 15 YEARS prescriptive period of all offenses under the Act

Section 12. Termination of office EXCEPTIONS TO THE PROVISIONS: 1. Any person who prior to the assumption of office of any of those officials to whom he is related, has been already dealing with the government along the same line of business, nor to any transaction, contract or application already existing or pending at the time of such assumption of public office. 2. Any application filed by him, the approval of which is not discretionary on the part of the official or officials concerned but depends upon compliance with the requisites provided by law, or rules or regulations issued pursuant to law. 3. Any act lawfully performed in an official capacity or in the exercise of a profession Section 6. Congress Prohibition on Members of ANTI-PLUNDER ACT (RA 7080) Means or schemes to acquire ill-gotten wealth: 1. Through misappropriation, conversion, misuse or malversation of public funds or raids on the public treasury 2. By receiving directly or indirectly, any commission, gift, share, percentage or any other form of pecuniary benefit from any person and/or entity in connection with any government contract/project or by reason of his office/position 3. By the illegal or fraudulent conveyance or disposition of assets belonging to the government 4. By obtaining, receiving or accepting, directly or indirectly, any shares of stock, equity or any other form of interest or participation including the promise of future employment in any business enterprise or undertaking 5. By establishing agricultural, industrial or commercial monopolies or other combinations and/or implementing decrees and orders intended to benefit particular persons or special interests 6. By taking undue advantage of official position, authority, relationship, connection or influence to unjustly enrich himself or themselves NO PUBLIC OFFICER IS ALLOWED TO RESIGN OR RETIRE: 1. Pending investigation, criminal or administrative or 2. Pending a prosecution against him 3. For any offense under the Act or under the provisions of the RPC on Bribery Section 14. Exception Unsolicited gifts or presents of small or insignificant value offered or given as a mere ordinary token of gratitude of friendship according to local custom or usage

Members of Congress during their term are prohibited to acquire or receive any personal pecuniary interest in any specific business enterprise which will be directly and particularly favored or benefited by any law or resolution authored by them The prohibition shall also apply to any public officer who recommended the initiation in Congress of the enactment or adoption of any law or resolution and acquires or receives any such interest during his incumbency The member of Congress or other public officer, who, having such interest prior to the approval of a law or resolution authored or recommended by him, continues for thirty days after such approval to retain his interest also violates this section.

Section 8. Prima facie evidence of and dismissal due to unexplained wealth. A public official who has been found to have acquired during his incumbency, whether in his name or the name of other persons, an amount of property and/or money manifestly out of proportion to his

These should be committed by a combination or through a series of acts. There should be at least two acts otherwise the accused should be charged with the particular crime committed and not with plunder. A combination means at least two acts of a different category while a series means at least two acts of the same category (Estrada vs. Sandiganbayan, November 21, 2001).

Section 2. Definition of the Crime of Plunder; Penalties PLUNDER - a crime committed by any public officer, by himself , or in connivance with his family, relatives by affinity or consanguinity, business associates, subordinates or other persons, by amassing, accumulating or acquiring ill-gotten wealth in the aggregate amount or total value of at least 50 million pesos PENALTY: Reclusion Perpetua to Death MITIGATING AND EXTENUATING CIRCUMSTANCES shall be considered by the courts in the imposition of penalty

PUNISHABLE ACTS: 1. By entering into an agreement with any interested party or speculator or making use of any other scheme, to defraud the Government, in dealing with any person with regard to furnishing supplies, the making of contracts, or the adjustment or settlement of accounts relating to public property or funds. 2. By demanding, directly or indirectly, the payment of sums different from or larger than those authorized by law, in the collection of taxes, licenses, fees, and other imposts. 3. By failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him officially, in the collection of taxes, licenses, fees and other imposts. 4. By collecting or receiving, directly or indirectly, by way of payment or otherwise, things or objects of a nature different from that provided by law, in the collection of taxes, licenses, fees and other imposts. ELEMENTS OF FRAUDS AGAINST PUBLIC TREASURY: 1. That the offender be a public officer. 2. That he should have taken advantage of his office, that is, he intervened in the transaction in his official capacity. 3. That he entered into an agreement with any interested party or speculator or made use of any other scheme with regard to a) furnishing supplies b) the making of contracts, or c) the adjustment or settlement of accounts relating to public property or funds 4. That the accused had intent to defraud the Government. ELEMENTS OF ILLEGAL EXACTIONS: 1. The offender is a public officer entrusted with the collection of taxes, licenses, fees and other imposts. 2. He is guilty of any of the following acts or omissions: a) Demanding, directly or indirectly, the payment of sums different from or larger than those authorized by law; or b) Failing voluntarily to issue a receipt, as provided by law , for any sum of money collected by him officially; or c) Collecting or receiving, directly or indirectly, by way of payment or otherwise, things or objects of a nature different from that provided by law.

Section 4. Rule of Evidence It is not necessary to prove each and every criminal act done. A pattern of overt or criminal acts indicative of the over-all unlawful scheme or conspiracy shall be sufficient

Section 6. Prescription of Crimes The crime punishable under this Act shall prescribe in 20 years. However, the right of the State to recover properties unlawfully acquired by public officers from them or from their nominees or transferees shall not be barred by prescription or laches or estoppel. Plunder is a crime of malum in se because the constitutive crimes are mala in se. The elements of mens rea must be proven in a prosecution for plunder. (Estrada vs. Sandiganbayan, G.R. No. 148560, November 21, 2001)

Chapter Three: Frauds and Illegal Exactions and Transactions (Arts. 213-216) ART. 213 FRAUD AGAINST THE TREASURY AND SIMILAR OF OFFENSES

 ART. 214 OTHER FRAUDS ELEMENTS: 1. That the offender is a public officer 2. That he takes advantage of his official position 3. That he commits any of the frauds or deceits enumerated in Arts. 315 to 318 (estafa, other forms of swindling, swindling a minor, and other deceits) ART. 215 - PROHIBITED TRANSACTIONS ELEMENTS: 1. That the offender is an appointive public officer. 2. That he becomes interested, directly or indirectly, in any transaction or exchange or speculation 3. That the transaction takes place within the territory subject to his jurisdiction 4. That he becomes interested in the transaction during his incumbency The transaction must be one of exchange or speculation, such as buying stocks and selling stocks, commodities, land, etc., hoping to take advantage of an expected rise and fall in price. ART. 216 POSSESSION OF PROHIBITED INTEREST BY A PUBLIC OFFICER PERSONS LIABLE: 1. Public officer who, directly or indirectly, became interested in any contract or business in which it was his official duty to intervene. 2. Experts, arbitrators, and private accountants who, in like manner, took part in any contract or transaction connected with the estate or property in the appraisal, distribution or adjudication of which they had acted. 3. Guardians and executors with respect to the property belonging to their wards or the estate.

PUNISHABLE ACTS: 1. By appropriating public funds or property. 2. By taking or misappropriating the same. 3. By consenting, or through abandonment or negligence, permitting any other person to take such public funds or property. 4. By being otherwise guilty of the misappropriation or malversation of such funds or property.

COMMON ELEMENTS: 1. That the offender be a public officer. 2. That he had custody or control of funds or property by reason of the duties of his office 3. That those funds or property were public funds or property for which he was accountable. 4. That he appropriated, took, misappropriated or consented, or through abandonment or negligence, permitted another person to take them.

MALVERSATION MAY BE COMMITTED BY PRIVATE INDIVIDUALS IN THE FOLLOWING CASES: 1. Those in conspiracy with public officers guilty of malversation 2. Those who are accessory or accomplice to a public officer 3. Custodian of public funds or property in whatever capacity 4. Depositary or administrator of public funds or property PRESUMPTION When demand is made to the accountable officer to account for the funds and property and the same is not forthcoming, the presumption is that he misappropriated the funds Malversation is principally distinguished from estafa by: 1. The public or private character of the accused. 2. The nature of the funds. 3. The fact that conversion is not required in malversation. 4. The rule that there is no need of prior demand in malversation. 5. The absence of a requirement of damage in malversation. ART. 218 FAILURE OF ACCOUNTABLE OFFICER TO RENDER ACCOUNTS ELEMENTS:

Chapter Four: Malversation of Funds or Property (Arts. 217-222)

Public

ART. 217 - MALVERSATION OF PUBLIC FUNDS OR PROPERTY-PRESUMPTION OF MALVERSATION

1. That the offender is a public officer, whether in the service or separated therefrom. 2. That he must be an accountable officer for public funds or property. 3. That he is required by law or regulation to render accounts to the Commission on Audit, or to a provincial auditor. 4. That he fails to do so for a period of two months after such accounts should be rendered. ART. 219 - FAILURE OF RESPONSIBLE PUBLIC OFFICER TO RENDER ACCOUNTS BEFORE LEAVING THE COUNTRY ELEMENTS: 1. That the offender is a public officer. 2. That he must be an accountable officer for public funds or property. 3. 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. ART. 22O - ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY ELEMENTS: 1. That the offender is a public officer. 2. That there is a public fund or property under his administration. 3. That such public fund or property has been appropriated by law or ordinance. 4. That he applies the same to a public use other than that for which such funds or property has been appropriated by law or ordinance. Illegal use of public funds or property vs. malversation under Art. 217 ILLEGAL USE OF PUBLIC FUNDS OR MALVERSATION PROPERTY
The offenders are accountable public officers in both crimes. The offender does not The offender in certain derive any personal cases profits from the gain or profit proceeds of the crime. The public fund or The public fund or property is applied to property is applied to another public use the personal use and benefit of the offender or of another person.

ART. 221 - FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS OR PROPERTY PUNISHABLE ACTS: 1. By failing to make payment by a public officer who is under obligation to make such payment from Government funds in his possession. 2. 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. ELEMENTS OF REFUSAL TO MAKE PAYMENT: 1. That the public officer has Government funds in his possession. 2. That he is under obligation to make payments from such funds. 3. That he fails to make payment maliciously. ART. 222 OFFICERS INCLUDED IN THE PRECEEDING PROVISIONS Private individuals who may be liable under Art. 217-221: 1. Private individuals who, in any capacity whatsoever, have charge of any national, provincial or municipal funds, revenue or property 2. Administrator, depository of funds or property attached, seized, or deposited by public authority even if such property belongs to a private individual

Chapter Five: Infidelity of Public Officers (Arts. 223-230) Section One Disobedience, refusal of assistance, and maltreatment of prisoners ART.223 CONNIVING WITH OR CONSENTING TO EVASION ELEMENTS: 1. That the offender is a public officer. 2. That he had in his custody or charge, a prisoner, either detention prisoner or prisoner by final judgment. 3. That such prisoner escaped from his custody. 4. That he was in connivance with the prisoner in the latters escape. CLASSES OF PRISONER INVOLVED: 1. If the fugitive has been sentenced by final judgment to any penalty.

2. If the fugitive is held only as detention prisoner for any crime or violation of law or municipal ordinance.

ART.224 EVASION THROUGH NEGLIGENCE ELEMENTS: 1. That the offender is a public officer. 2. That he is charged with the conveyance or custody of a prisoner, either detention prisoner or prisoner by final judgment. 3. That such prisoner escapes through his negligence. Not every negligence or distraction of a guard is penalized. It is only that positive carelessness that is short of deliberate non-performance of his duties as guard that is the gravamen of the crime of infidelity under Article 224.

2. That he abstracts, destroys or conceals documents or papers. 3. That the said documents or papers should have been entrusted to such public officer by reason of his office. 4. That damage, whether serious or not, to a third party or to the public interest should have been caused. Damage in this article may consist in mere alarm to the public or in the alienation of its confidence in any branch of the government service.

ART.227 OFFICER BREAKING SEAL ELEMENTS: 1. That the offender is a public Officer. 2. That he is charged with the custody of papers or property. 3. That these papers or property are sealed by proper authority. 4. That he breaks the seals or permits them to be broken. Damage or intent to damage is not necessary

Liability of escaping prisoner: 1. If the fugitive is serving sentence by reason of final judgment, he is liable for evasion of the service of sentence under Art. 157. 2. If the fugitive is only a detention prisoner, he does not incur criminal liability. ART. 225 ESCAPE OF PRISONER UNDER THE CUSTODY OF A PERSON NOT A PUBLIC OFFICER ELEMENTS: 1. That the offender is a private person. 2. That the conveyance or custody of a prisoner or person under arrest is confided to him. 3. That the prisoner or person under arrest escapes. 4. That the offender consents to the escape of the prisoner or person under arrest, or that the escape takes place through his negligence. Article 225 is not applicable if a private person was the one who made the arrest and he consented to the escape of the person he arrested.

ART.228 OPENING OF CLOSED DOCUMENTS ELEMENTS: 1. That the offender is a public officer. 2. That any closed papers, documents, or objects are entrusted to his custody. 3. That he opens or permits to be opened said closed papers, documents, or objects. 4. That he does not have the proper authority. ART. 229 REVELATION OF SECRETS BY AN OFFICER PUNISHABLE ACTS: 1. By revealing any secret known to the offending public officer by reason of his official capacity. 2. By delivering wrongfully papers or copies of papers of which he may have charge and which should not be published. ELEMENTS OF NO. 1: 1. That the offender is a public officer. 2. That he knows of the secret by reason of his official capacity.

ART.226 REMOVAL CONCEALMENT, OR DESTRUCTION OF DOCUMENTS ELEMENTS: 1. That the offender be a public officer.

3. That he reveals such secret without authority or justifiable reasons. 4. That damage, great or small, be caused to public interest. This article punishes minor official betrayals, infidelities of little consequence, affecting usually the administration of justice, executive or official duties, or the general interest of the public order.

2. That there is a judgment, decision or order of a superior authority. 3. That such judgment, decision or order was made within the scope of the jurisdiction of the superior authority and issued with all legal formalities. 4. That the offender without any legal justification openly refuses to execute said judgment, decision or order, which he is duty bound to obey. ART. 232 DISOBEDIENCE TO ORDER OF SUPERIOR OFFICER WHEN SAID ORDER WAS SUSPENDED BY INFERIOR OFFICER ELEMENTS: 1. That the offender is a public officer. 2. That an order is issued by his superior for execution. 3. That he has for any reason suspended the execution of such order. 4. That his superior disapproves the suspension of the execution of the order. 5. That the offender disobeys his superior despite the disapproval of the suspension. ART. 233 REFUSAL OF ASSISTANCE ELEMENTS: 1. That the offender is a public officer. 2. That a competent authority demands from the offender that he lend his cooperation towards the administration of justice or other public service. 3. That the offender fails to do so maliciously. ART. 234 REFUSAL TO DISCHARGE ELECTIVE OFFICE ELEMENTS: 1. That the offender is elected by popular election to a public office. 2. That he refuses to be sworn in or to discharge the duties of said office. 3. That there is no legal motive for such refusal to be sworn in or to discharge the duties of said office. ART. 235 MALTREATMENT OF PRISONERS ELEMENTS: 1. That the offender is a public officer or employee. 2. That he has under his charge a prisoner or detention prisoner.

ELEMENTS OF NO. 2: 1. That the offender is a public officer. 2. That he has charge of papers. 3. That those papers should not be published. 4. That he delivers those papers or copies thereof to a third person. 5. That the delivery is wrongful. 6. That damage be caused to public interest.

REVELATION OF SECRETS BY AN OFFICER

INFIDELITY IN THE CUSTODY OF DOCUMENT OR PAPERS BY REMOVING THE SAME

The papers do not contain secrets but their removal is for an illicit purpose

The papers contain secrets and therefore should not be published, and the public officer having charge thereof removes and delivers them wrongfully to a third person

ART. 230 PUBLIC OFFICER REVEALING SECRETS OF PRIVATE INDIVIDUAL ELEMENTS: 1. That the offender is a public officer. 2. That he knows of the secrets of a private individual by reason of his office. 3. That he reveals such secrets without authority or justifiable reason. Chapter Six: Other Offenses or Irregularities by Public Officers (Arts. 231245) Section One Disobedience, refusal of assistance and maltreatment of prisoners ART. 231 OPEN DISOBEDIENCE ELEMENTS: 1. That the offender is a judicial or executive officer.

3. That he maltreats such prisoner in either of the following manners: a) By overdoing himself in the correction or handling of a prisoner or detention prisoner under his charge either i. by the imposition of punishments not authorized by the regulations, or ii. by inflicting such punishments (those authorized ) in a cruel and humiliating manner; or b) By maltreating such prisoner to extort a confession or to obtain some information from the prisoner. Section Two Anticipation, prolongation and abandonment of the duties and powers of public office ART. 236 ANTICIPATION OF DUTIES OF A PUBLIC OFFICE ELEMENTS: 1. That the offender is entitled to hold a public office or employment, either by election or appointment. 2. That the law requires that he should first be sworn in and/or should first give a bond. 3. That he assumes the performance of the duties and powers of such office. 4. That he has not taken his oath of office and/or given the bond required by law. ART. 237 PROLONGING PERFORMANCE OF DUTIES AND POWERS ELEMENTS: 1. That the offender is holding a public office. 2. That the period provided by law, regulations or special provisions for holding such office, has already expired. 3. That he continues to exercise the duties and powers of such office. ART. 238 ABANDONMENT OF OFFICE ELEMENTS: 1. That the offender is a public officer. 2. That he formally resigns from his position. 3. That his resignation has not yet been accepted. 4. That he abandons his office to the detriment of the public service.

ABANDONMENT OF OFFICE (ART. 238)

Committed by public officer

NEGLIGENCE AND TOLERANCE IN PROSECUTION OF OFFENSES (ART. 208)

any Committed only by public officers who have the duty to institute prosecution for the punishment of violations of the law The public officer does not abandon his office but he fails to prosecute an offense by dereliction of duty or by malicious tolerance of the commission of offenses.

The public officer abandons his office to evade the discharge of his duty

Section Three Usurpation of powers and unlawful appointment ART. 239 USURPATION OF LEGISLATIVE POWER ELEMENTS: 1. That the offender is an executive or judicial officer. 2. That he a) makes general rules or regulations beyond the scope of his authority or b) attempts to repeal a law or c) suspends the execution thereof. ART. 240 USURPATION OF EXECUTIVE FUNCTIONS ELEMENTS: 1. That the offender is a judge. 2. That he a) assumes a power pertaining to the executive authorities, or b) obstructs the executive authorities in the lawful exercise of their powers.

ART. 241 USURPATION OF JUDICIAL FUNCTIONS ELEMENTS: 1. That the offender is an officer of the executive branch of the Government. 2. That he a) assumes judicial powers, or b) obstructs the execution of any order or decision rendered by any judge within his jurisdiction.

 ART. 242 - DISOBEYING REQUEST FOR DISQUALIFICATION ELEMENTS: 1. That the offender is a public officer. 2. That a proceeding is pending before such public officer. 3. That there is a question brought before the proper authority regarding his jurisdiction, which is not yet decided. 4. That he has been lawfully required to refrain from continuing the proceeding. 5. That he continues the proceeding.

directly charged with the care and custody of prisoners or persons under arrest; or c) the wife, daughter, sister or relative within the same degree by affinity of the person in the custody of the offender The mother of the person in the custody of the offender is not included.

ART. 243 ORDERS OR REQUESTS BY EXECUTIVE OFFICERS TO ANY JUDICIAL AUTHORITY ELEMENTS: 1. That the offender is an executive officer. 2. That he addresses any order or suggestion to any judicial authority. 3. That the order or suggestion relates to any case or business coming within the exclusive jurisdiction of the courts of justice.

Ways of committing abuses against chastity: 1. By soliciting or making immoral or indecent advances to a woman interested in the matters pending before the offending officer for decision, or with respect to which he is required to submit a report to or consult with a superior officer. 2. By soliciting or making immoral or indecent advances to a woman under the offenders custody. 3. By soliciting or making immoral or indecent advances to the wife, daughter, sister or relative within the same degree by affinity of any person in the custody of the offending warden or officer.

TITLE EIGHT: CRIMES AGAINST PERSONS ART.244 UNLAWFUL APPOINTMENTS ELEMENTS: 1. That the offender is a public officer. 2. That he nominates or appoints a person to a public office. 3. That such person lacks the legal qualifications therefor. 4. That the offender knows that his nominee or appointee lacks the qualification at the time he made the nomination or appointment. Section Four Abuses against chastity ART. 245 ABUSES AGAINST CHASTITY-PENALTIES ELEMENTS: 1. That the offender is a public officer. 2. That he solicits or makes immoral or indecent advances to a woman. 3. That such woman must bea) interested in matters pending before the offender for decision, or with respect to which he is required to submit a report to or consult with a superior officer; or b) under the custody of the offender who is a warden or other public officer Chapter One: Destruction of Life (Arts. 246261) Section One - Parricide, Murder, Homicide ART. 246 - PARRICIDE ELEMENTS: 1. That a person is killed; 2. That the deceased is killed by the accused; and 3. That the deceased is the father, mother, or child, whether legitimate or illegitimate, or a legitimate other ascendant or other descendant, or the legitimate spouse, of the accused. CASES OF PARRICIDE WHEN THE PENALTY SHALL NOT BE RECLUSION PERPETUA TO DEATH: 1. Parricide through negligence (Art. 365) 2. Parricide by mistake (Art. 249) 3. Parricide under exceptional circumstances (Art. 247) Relationship of the offender with the victim is the essential element of the crime. Hence:

If a person wanted to kill a stranger but by mistake killed his own father, he will be held liable for parricide BUT Art. 49 will apply as regards the proper penalty to be imposed. A stranger who cooperates and takes part in the commission of the crime of parricide is not guilty of parricide but only of homicide or murder, as the case may be. The key element in parricide is the relationship of the offender with the victim. (People vs. Dalag, G.R. No. 129895, April 30, 2003)

The requisites of Art. 247 must be established by the evidence of the defense since the prosecution will have to charge the defendant with parricide and/or homicide, in case death results, or of serious physical injuries in other cases. For Art. 247 to apply, the offender must prove that he actually surprised his wife and (her paramour) in flagrante delicto, and that he killed the man during or immediately thereafter. Evidence of the victims promiscuity, is inconsequential to the killing. (People vs. Puedan, G.R. No. 139576, September 2, 2002) The discovery, the escape, the pursuit and the killing must all form part of one continuous act. The accused must be a legally married person. Applicable only when daughter is single.

The law does not require knowledge of relationship, thus, a person who killed another not knowing that the latter was his son will still be held guilty of parricide. The fact that the wife was not shot in a vital part of her body does not negate intent to kill on the part of husband. The extent of the injuries sustained by the wife manifests the intention to extinguish her life. (People vs. Nepomuceno, G.R. No. 127818, November 11, 1998) Under Art. 246 of the RPC, in case of other ascendants like grandparents, greatgrandparents, etc., the relationship with the killer must be legitimate. The same is true with other descendants like grandchildren, great grandchildren, etc. ART. 247 - DEATH OR PHYSICAL INJURIES INFLICTED UNDER EXCEPTIONAL CIRCUMSTANCES

JUSTIFICATION for Art. 247: The law considers the spouse or parent as acting in a justified burst of passion. ART. 248 - MURDER MURDER - unlawful killing of any person which is not parricide or infanticide, provided that any of the following circumstances is present: 1. With treachery, taking advantage of superior strength, with the aid of armed men, or employs means to weaken the defense, or of means or persons to insure or afford impunity; 2. In consideration of a price, reward or promise; 3. By means of inundation, fire, poison, shipwreck, stranding of a vessel, derailment or assault upon a railroad, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin; 4. On occasion of any calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic, or any other public calamity; 5. With evident premeditation; or 6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse. (As amended by R.A. no. 7659)

ELEMENTS: 1. That a legally married person or a parent surprises his spouse or his daughter, the latter under 18 years of age and living with him, in the act of committing sexual intercourse with another person; 2. That he or she kills any or both of them, or inflicts upon any or both of them any serious physical injury, in the act or immediately thereafter; and 3. That he has not promoted or facilitated the prostitution of his wife or daughter, or that he or she has not consented to the infidelity of others. This article does not define and penalize a felony. It provides for the imposition of the penalty of destierro rather than the ordinary penalty for parricide.

ELEMENTS: 1. That a person was killed; 2. That the accused killed him; 3. That the killing was attended by any of the qualifying circumstances mentioned in Art. 248; and 4. That the killing is not parricide or infanticide. RULES FOR THE APPLICATION OF THE CIRCUMSTANCES WHICH QUALIFY THE KILLING TO MURDER: A. That murder will exist with only one of the circumstances described in Art. 248. B. That when the other circumstances are absorbed or included in one qualifying circumstance, they cannot be considered as generic aggravating. C. That any of the qualifying circumstances enumerated in Art. 248 must be alleged in the information. Dismemberment of a dead body is one manner of outraging or scoffing at the corpse of the victim, and qualifies the killing to murder (People vs. Guillermo, G.R. No. 147786. January 20, 2004) Outraging (physical act) means to commit an extremely vicious or deeply insulting act. Scoffing (verbal act) means to jeer, and implies a showing of irreverence. R.A. 7659 restored the death penalty and increased the penalty for murder to reclusion perpetua to death. If homicide or murder is committed with the use of an unlicensed firearm, such use of an unlicensed firearm shall be considered as an aggravating circumstance. (R.A. NO. 8294, Sec. 1) ART. 249 - HOMICIDE HOMICIDE - The unlawful killing of any person, which is neither parricide, murder nor infanticide. Intent to kill is conclusively presumed when death results; evidence of intent to kill is important only in attempted or frustrated homicide. Intent to kill is usually shown by the kind of weapon used and part of the body wounded.

ELEMENTS: 1. That a person was killed; 2. That the accused killed him without any justifying circumstance; 3. That the accused had the intention to kill, which is presumed; and 4. That the killing was not attended by any of the qualifying circumstances of murder, or by that of parricide or infanticide. ACCIDENTAL HOMICIDE - is the death of a person brought about by a lawful act performed with proper care and skill and without homicidal intent. e.g. death in boxing bout. In all crimes against persons in which the death of the victim is an element of an offense, there must be satisfactory evidence of (1) the fact of death and (2) the identity of the victim. When there is no way of determining how the attack was committed, treachery cannot be considered and the accused is guilty of homicide only. (People vs. Dela Cruz, G.R. No. 152176, October 1, 2003) ART. 250 - PENALTY FOR FRUSTRATED PARRICIDE, MURDER, OR HOMICIDE Courts may impose a penalty two degrees lower for frustrated parricide, murder or homicide. Courts may impose a penalty three degrees lower for attempted parricide, murder or homicide. ART. 251 - DEATH CAUSED IN A TUMULTUOUS AFFRAY ELEMENTS: 1. That there be several persons; 2. That they did not compose groups organized for the common purpose of assaulting and attacking each other reciprocally; 3. That these several persons quarreled and assaulted one another in a confused and tumultuous manner; 4. That someone was killed in the course of the affray; 5. That it cannot be ascertained who actually killed the deceased; and 6. That the person or persons who inflicted serious physical injuries or who used violence can be identified.

PERSONS LIABLE: 1. The person or persons who inflicted the serious physical injuries are liable. 2. If it is not known who inflicted the serious physical injuries on the deceased all the persons who used violence upon the person of the victim are liable, but with lesser liability. TUMULTUOUS AFFRAY - a melee or freefor-all, where several persons not comprising definite or identifiable groups attack one another in a confused and disorganized manner resulting in the death or injury of one or some of them. When the quarrel is between a distinct group of individuals, one of whom was sufficiently identified as the principal author of the killing, as against a common, particular victim, it is not a "tumultuous affray" within the meaning of Art. 251 of the RPC. (People vs. Unlagada, GR No. 141080, September 17, 2002) In such a case, the crime committed is homicide under Art. 249. The victim may be a participant or nonparticipant thereof. ART. 252 - PHYSICAL INJURIES INFLICTED IN A TUMULTUOUS AFFRAY

A person who attempts to commit suicide is not criminally liable. The penalty for giving assistance to suicide if the offender is the father, mother, child or spouse of the one committing suicide is the same since the law does not distinguish.

EUTHANASIA or Mercy-Killing - is a practice of painlessly putting to death a person suffering from some incurable disease. A doctor who resorted to euthanasia may be held liable for murder under Art. 248 since euthanasia is not giving assistance to suicide.

ART. 254 - DISCHARGE OF FIREARMS ELEMENTS: 1. That the offender discharges a firearm against or at another person; and 2. That the offender has no intention to kill that person. It is not applicable to police officers in the performance of their duties. The PURPOSE of the offender is only to intimidate or frighten the offended party. If in the discharge of firearm, the offended party is hit and wounded, there is a complex crime of discharge of firearm with serious or less serious physical injuries; BUT if only slight physical injuries were inflicted, there is no complex crime since such physical injuries constitute a light felony. The crime is discharge of firearm even if the gun was not pointed at the offended party when it was fired, as long as it was initially aimed by the accused at or against the offended party.

ELEMENTS: 1. That there is a tumultuous affray as referred to in Art. 251; 2. That a participant or some participants thereof suffer serious physical injuries or physical injuries of a less serious nature only; 3. That the person responsible therefor cannot be identified; and 4. That all those who appear to have used violence upon the person of the offended party are known. Injured/victim must be a participant in the affray

Section Two - Infanticide and Abortion ART. 253 - GIVING ASSISTANCE TO SUICIDE PUNISHABLE ACTS: 1. By assisting another to commit suicide, whether the suicide is consummated or not; 2. By lending his assistance to another to commit suicide to the extent of doing the killing himself. ART. 255 - INFANTICIDE INFANTICIDE - is the killing of any child less than three days of age, whether the killer is the parent or grandparent, any other relative of the child, or a stranger. ELEMENTS: 1. That a child was killed;

2. That the deceased child was less than three days (72 hours) of age; and 3. That the accused killed the said child. No crime of infanticide is committed if the child has been dead or if, although born alive, it could not sustain an independent life when it was killed. Father or mother or legitimate other ascendant who kills a child less than three days old - to suffer penalty for parricide. Other person who kills or who cooperates with the mother or maternal grandparent in killing a child less than three days old - to suffer the penalty for murder. Only the mother and the maternal grandparents of the child are entitled to the mitigating circumstance of concealing the dishonor. ART. 256 - INTENTIONAL ABORTION INTENTIONAL ABORTION - willful killing of the foetus in the uterus or the violent expulsion of the foetus from the maternal womb of the mother. Ways of Committing Intentional Abortion 1. By using any violence upon the person of the pregnant woman; 2. By acting, without using violence and without the consent of the woman (by administering drugs or beverages upon such pregnant woman without her consent); and 3. By acting, with the consent of the pregnant woman (by administering drugs or beverages). ELEMENTS: 1. That there is a pregnant woman; 2. That violence is exerted, or drugs or beverages administered, or that the accused otherwise acts upon such pregnant woman; 3. That as a result of the use of violence or drugs or beverages upon her, or any other act of the accused, the foetus dies, either in the womb or after having been expelled therefrom; and 4. That the abortion is intended Person liable in Intentional Abortion: 1. The person who intentionally caused the abortion under Art. 256; 2. The pregnant woman if she consented under Art. 258.

As long as the foetus dies as a result of the violence used or the drugs administered, the crime of abortion exists, even if the foetus is over or less than 6 months, or is full term. If the foetus could sustain an independent life (the foetus must have an intrauterine life of not less than 7 months) after its separation from the maternal womb, and it is killed, the crime is infanticide, not abortion.

ART. 257 - UNINTENTIONAL ABORTION ELEMENTS: 1. That there is a pregnant woman; 2. That violence is used upon such pregnant woman without intending an abortion; 3. That the violence is intentionally exerted; and 4. That as a result of the violence, the foetus dies, either in the womb or after having been expelled therefrom. ART. 258 - ABORTION PRACTICED BY THE WOMAN HERSELF OR HER PARENTS ELEMENTS: 1. That there is a pregnant woman who has suffered an abortion; 2. That the abortion is intended; and 3. That the abortion is caused by a) the pregnant woman herself; b) any other person , with her consent; or c) any of her parents, with her consent, for the purpose of concealing her dishonor. Under a and b above, the woman is liable under Art. 258; while the third person under b is liable under Art. 256. If the purpose is other than to conceal the womans dishonor, abortion by any of her parents falls under Art. 256. Liability of the pregnant woman is mitigated if the purpose is to conceal her dishonor.

ART. 259 - ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE IN DISPENSING OF ABORTIVES

 ART. 261 - CHALLENGING TO A DUEL ELEMENTS: 1. That there is a pregnant woman who has suffered an abortion; 2. That the abortion is intended; 3. That the offender, who must be a physician or midwife, causes, or assists in causing the abortion; and 4. That said physician or midwife takes advantage of his or her scientific knowledge or skill. As to PHARMACISTS, the ELEMENTS are: 1. That the offender is a pharmacist; 2. That there is no proper prescription from a physician; and 3. That the offender dispenses any abortive. As to pharmacists, crime is consummated by dispensing abortive without proper prescription from a physician. It is not necessary that the abortive was actually used. It is immaterial that the pharmacist knows that the abortive would be used for abortion. Otherwise, he shall be liable as an accomplice should abortion result from the use thereof. PUNISHABLE ACTS: 1. By challenging another to a duel; 2. By inciting another to give or accept a challenge to a duel; and 3. By scoffing or decrying another publicly for having refused to accept a challenge to fight a duel. PERSONS LIABLE: 1. Challenger 2. Instigators

Chapter Two: Physical Injuries (Arts. 262266) ART. 262 - MUTILATION TWO KINDS: 1. By intentionally mutilating another by depriving him, either totally or partially, of some essential organ for reproduction (castration). 2. By intentionally making other mutilation, that is, by lopping or clipping off any part of the body of the offended party, other than the essential organ for reproduction, to deprive him of that part of the body (mayhem). ELEMENTS OF THE FIRST KIND: 1. That there be castration, that is, mutilation of organs necessary for generation, such as penis or ovarium; and 2. That the mutilation is caused purposely and deliberately, that is, to deprive the offended party of some essential organ for reproduction. The law looks not only to the result but also to the intention or purpose of the act As to the second kind, the offender must have the deliberate intention to deprive the offended party of a part of his body. ART. 263 - SERIOUS PHYSICAL INJURIES HOW COMMITTED: 1. by wounding; 2. by beating; 3. by assaulting; or 4. by administering injurious substance.

Section Three - Duel ART. 260 - RESPONSIBILITY OF PARTICIPANTS IN A DUEL PUNISHABLE ACTS: 1. By killing ones adversary in a duel; 2. By inflicting upon such adversary physical injuries; and 3. By making a combat although no physical injuries have been inflicted. PERSONS LIABLE: 1. The person who killed or inflicted physical injuries upon his adversary or both combatants in any other case, as principals. 2. The seconds, as accomplices. DUEL - a formal or regular combat previously concerted between two parties in the presence of two or more seconds of lawful age on each side, who make the selection of arms and fix all other conditions of the fight. SECONDS the persons who make the selection of the arms and fix the other conditions of the fight

SERIOUS PHYSICAL INJURIES 1. When the injured person becomes insane, imbecile, impotent or blind in consequence of the physical injuries inflicted; 2. When the injured person a) loses the use of speech or the power to hear or to smell, or loses an eye, a hand, a foot, an arm, or a leg; b) loses the use of any such member; or c) becomes incapacitated for the work in which he was therefore habitually engaged, in consequence of the physical injuries inflicted; 3. When the person injured a) becomes deformed, or b) loses any other member of his body, or c) loses the use thereof, or d) becomes ill or incapacitated for the performance of the work in which he was habitually engaged for more than 90 days, in consequence of the physical injuries inflicted. 4. When the injured person becomes ill or incapacitated for labor for more than 30 days (but must not be more than 90 days), as a result of the physical injuries inflicted. There must be NO INTENT TO KILL; otherwise, the crime would be attempted or frustrated homicide, parricide or murder, as the case maybe. Where the category of the offense of serious physical injuries depends on the period of illness or incapacity for labor, there must be evidence of that length of that period; otherwise, the offense shall only be slight physical injuries. Attempted or Frustrated Homicide
Attempted homicide may be committed, even if no physical injuries are inflicted. The offender has an intent to kill the offended party.

Medical Attendance is not important in serious physical injuries

QUALIFYING CIRCUMSTANCES: 1. Offense committed against persons enumerated in the crime of parricide. 2. With the attendance of circumstance which qualify the crime to murder. The qualified penalties are not applicable to parents who inflict serious physical injuries upon their children by excessive chastisement.

ART. 264 - ADMINISTERING INJURIOUS SUBSTANCE OR BEVERAGES ELEMENTS: 1. That the offender inflicted upon another any serious physical injury; 2. That it was done by knowingly administering to him any injurious substances or beverages or by taking advantage of his weakness of mind or credulity; and 3. That he had no intent to kill. It is frustrated murder if there was intent to kill. ART. 265 - LESS SERIOUS PHYSICAL INJURIES ELEMENTS: 1. The offended party is incapacitated for labor for 10 days or more but not more than 30 days, or needs attendance for the same period; and 2. The physical injuries must not be those described in the preceding articles. QUALIFIED LESS SERIOUS PHYSICAL INJURIE: 1. A fine not exceeding P500, in addition to arresto mayor, shall be imposed for less serious physical injuries when: a) there is manifest intent to insult or offend the injured person; or b) there are circumstances adding ignominy to the offense. 2. A higher penalty is imposed when the victim is either: a) The offenders parent, ascendant, guardian, curator or teacher; or b) Persons of rank or persons in authority, provided the crime is not direct assault.

Physical Injuries
The offender inflicts physical injuries.

Offender has no intent to kill the offended party.

REQUISITES OF DEFORMITY: 1. Physical ugliness; 2. Permanent and definite abnormality; and 3. Must be conspicuous and visible.

The law includes 2 subdivisions, to wit: 1. the inability for work; and 2. the necessity for medical attendance Therefore, although the wound required medical attendance for only 2 days, yet, if the injured party was prevented from attending to his ordinary labor for a period of 29 days, the physical injuries sustained are denominated as less serious. In the absence of proof as to the period of the offended partys incapacity for labor or of required medical attendance, offense committed is only slight physical injuries.

3. Parents shall be liable as principals - when they have actual knowledge of the hazing conducted in the home of one of the officers or members of the fraternity, sorority or organization, but failed to prevent the same. The presence of any person (i.e. whether or not member of the fraternity/sorority) during the hazing is prima facie evidence of participation therein as a principal UNLESS he prevented the commission of the prohibited acts. The mitigating circumstance that there was no intention to commit so grave a wrong shall not apply. (Sec. 4, par. e, R.A. No. 8049)

ART. 266 - SLIGHT PHYSICAL INJURIES AND MALTREATMENT KINDS: 1. Physical injuries which incapacitated the offended party from one to nine days, or required medical attendance during the same period; 2. Physical injuries which did not prevent the offended party from engaging in his habitual work or which did not require medical attendance; and 3. Ill-treatment of another by deed without causing any injury When there is no evidence of actual injury, it is only slight physical injuries.

Chapter Three: RAPE (Arts. 266-A 266-B) ART. 266-A - THE ANTI-RAPE LAW (RA 8353) Classification of Rape 1. Traditional Rape under Art. 335 2. Sexual Assault under R.A. 8353 How rape is committed: 1. By a man who shall have carnal knowledge of a woman under any of the following circumstances: a) Through force, threat or intimidation b) When the offended party is deprived of reason or otherwise unconscious c) By means of fraudulent machinations or grave abuse of authority d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present 2. By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another persons mouth or anal orifice of another person. Under R.A. 8353, the crime of rape can now be committed by a male or a female. There is no crime of frustrated rape. The slightest penetration or mere touching of the genitals consummates the crime of rape. In Statutory Rape, the offenders knowledge of the victims age is IMMATERIAL.

ANTI-HAZING LAW (R.A. No. 8049) HAZING is an initiation rite or practice as a prerequisite for admission into membership in a fraternity, sorority or organization by placing the recruit, neophyte or applicant in some embarrassing or humiliating situations such as forcing him to do menial, silly, foolish, and similar activities or otherwise subjecting him to physical or psychological suffering or injury. PERSONS LIABLE: 1. Officers and members of the fraternity, sorority or organization who actually participated in the infliction of physical harm shall be liable as principals - if the person subjected to hazing suffers any physical injury or dies as a result thereof. 2. Owner of the place where the hazing is conducted shall be liable as an accomplice - when he has actual knowledge of the hazing conducted therein but failed to take any action to prevent the same from occurring.

 ART. 266-B - QUALIFIED RAPE (Punishable by DEATH) 1. When the victim is under 18 years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common law spouse of the parent of the victim; The statement that the victim is the minor daughter of the offender is not enough. It is essential that the information must state the exact age of the victim at the time of the commission of the crime. (People v. Baniguid, G.R. No. 137714, Sept. 8, 2000.) The relationship of stepdaughter and stepfather presupposes a legitimate relationship between the victims mother and the offender, i.e., they were married after the marriage of the victims mother to her father was dissolved. (People vs. Melendres, G.R. 133999-4001, Aug. 31, 2000). 2. When the victim is under the custody of the police or military authorities or any law enforcement or penal institution; 3. When the rape is committed in full view of the spouse, parent, or any of the children or other relatives within the third civil degree of consanguinity; 4. When the victim is a religious engaged in legitimate religious vocation or calling and is personally known to be such by the offender before or at the time of the commission of the crime; 5. When the victim is a child below 7 years old; 6. When the offender knows that he is afflicted with HIV/AIDS or any other sexually transmissible disease and the virus or disease is transmitted to the victim; 7. When committed by any member of the AFP or para-military units thereof of the PNP or any law enforcement agency or penal institution, when the offender took advantage of his position to facilitate the commission of the crime;

8. When by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation or disability; 9. When the offender knew the pregnancy of the offended party at the time of the commission of the crime; 10. When the offender knew the mental disability, emotional disorder and/or physical disability of the offended party at the time of the commission of the crime. Death shall also be imposed when homicide is committed (this is a special complex crime). ART. 266-C - EFFECT OF PARDON EFFECTS OF PARDON: 1. The subsequent valid marriage between the offender and the offended party shall extinguish criminal liability; 2. The subsequent forgiveness of the wife to the legal husband shall extinguish the criminal action or the penalty. Since rape is now a crime against persons, marriage extinguishes that penal action and the penalty only as to the principal, i.e. the husband, but not as to the accomplices and accessories. The principle does not apply where MULTIPLE RAPE was committed because while marriage with one defendant, extinguishes the criminal liability, its benefits cannot be extended to the acts committed by the others of which he is a co-principal.

ART. 266-D - PRESUMPTIONS EVIDENCE WHICH MAY BE ACCEPTED IN THE PROSECUTION OF RAPE: 1. Any physical overt act manifesting resistance against the act of rape in any degree from the offended party; or 2. Where the offended party is so situated as to render him/her incapable of giving his consent Initial penetration consummates the crime even if there is no resistance afterwards.

TITLE NINE: CRIMES AGAINST PERSONAL LIBERTY AND SECURITY Chapter One: Crimes Against Liberty (Arts. 267-274) Section One Illegal detention ART. 267 KIDNAPPING AND SERIOUS ILLEGAL DETENTION ELEMENTS: 1. That the offender is a private individual. 2. That he kidnaps or detains another, or in any other manner deprives the latter of his liberty. 3. That the act of detention or kidnapping must be illegal. 4. That in the commission of the offense, any of the following circumstances is present: a) That the kidnapping or detention lasts for more than 3 days. b) That it is committed simulating public authority. c) That any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made; or d) That the person kidnapped or detained is a minor, female, or a public officer (cited in People vs. Mercado) QUALIFYING CIRCUMSTANCES: DEATH PENALTY IS IMPOSED a) Purpose is to extort ransom, or b) If victim is killed, raped or tortured as a consequence The essential element or act which makes the offense kidnapping is the deprivation of an offended partys liberty under any of the four circumstances enumerated. BUT when the kidnapping or detention was committed for the purpose of extorting ransom, it is not necessary that one or any of such circumstances enumerated in the first par. of Art. 267 be present. Where the person kidnapped is killed in the course of the detention, regardless of whether the killing was purposely sought or was merely an afterthought, the kidnapping and murder or homicide can no longer be complexed under Art. 48 nor be treated as separate crimes but shall be punished as special complex crime under the last paragraph of Art. 267, as amended by RA 7659. Where there is no showing that the

accused intended to deprive their victims of their liberty for some time and for some purpose, and there being no appreciable interval between their being taken and their being shot from which kidnapping may be inferred, the crimes committed were murder and frustrated murder and not the complex crimes of kidnapping with murder and kidnapping with frustrated murder. There is no kidnapping with murder, but only murder where a 3-year old child was gagged, hidden in a box where it died and ransom asked. The demand for ransom did not convert the offense in to kidnapping with murder. The defendant was well aware that the child would be suffocated to death in a few moments after she left. The demand for ransom is only a part of the diabolic scheme of the defendant to murder the child, to conceal his body and then demand money before the discovery of the cadaver. (People vs. Lora, G.R. No.49430. March 30, 1982) ILLEGAL DETENTION
Committed by a private individual who unlawfully kidnaps, detains or otherwise deprives a person of liberty. Crime is against personal liberty and security

ARBITRARY DETENTION
Committed by a public officer or employee who detains a person without legal ground

Crime against the fundamental law of the State

ART. 268 SLIGHT ILLEGAL DETENTION ELEMENTS: 1. That the offender is a private individual. 2. That he kidnaps or detains another, or in any manner deprives him of his liberty. 3. That the act of kidnapping or detention is illegal. 4. That the crime is committed without the attendance of the circumstances enumerated in Art. 267. LIABILITY IS MITIGATED WHEN: 1. Offender voluntarily releases the person so kidnapped or detained within three days from the commencement of the detention 2. Without having attained the purpose intended; and 3. Before the institution of criminal proceedings against him. 1, 2, and 3 must concur.

 ART. 269 UNLAWFUL ARREST ELEMENTS: 1. That the offender arrests or detains another person 2. That the purpose of the offender is to deliver him to the proper authorities 3. That the arrest or detention is not authorized by law No period of detention is fixed by law under Art. 269 but the motive of the offender is controlling.

Inducement must be (a) actual, (b) committed with criminal intent and (c) determined by a will to cause damage. Father or mother may commit crimes under ARTS. 270 & 271- where they are living separately and the custody of the minor children has been given to one of them

Section Three Slavery and Servitude ART. 272 SLAVERY ELEMENTS: 1. That the offender purchases, sells, kidnaps or detains a human being 2. That the purpose of the offender is to enslave such human being QUALIFYING CIRCUMSTANCE: When the purpose of the offender is to assign the offended party to some immoral traffic ART. 273 EXPLOITATION OF CHILD LABOR ELEMENTS: 1. The offender retains a minor in his service 2. Against the will of the minor 3. That it is under pretext of reimbursing himself of a debt incurred by an ascendant, guardian or person entrusted with the custody of such minor ART. 274 SERVICES RENDERED UNDER COMPULSION IN PAYMENT ELEMENTS: 1. That the offender compels a debtor to work for him, either as household servant or farm laborer. 2. That it is against the debtors will. 3. That the purpose is to require or enforce the payment of a debt. Art. 273 Art. 274

DELAY IN THE DELIVERY OF DETAINED PERSONS (Art. 125)

Detention is for some legal ground Crime is committed by failing to deliver such person to the proper judicial authority within a certain period

UNLAWFUL ARREST (Art. 269)

Detention is not authorized by law Committed by making an arrest not authorized by law

Section Two Kidnapping of minors ART. 270 KIDNAPPING AND FAILURE TO RETURN A MINOR ELEMENTS: 1. That the offender is entrusted with the custody of a minor person (less than 18 years old) 2. That he deliberately fails to restore the said minor to his parents or guardian When committed by either parent, penalty is only arresto mayor.

Art. 267

Art. 270

Offender is not Offender is entrusted entrusted with the with the custody of the custody of the victim minor

ART. 271 INDUCING A MINOR TO ABANDON HIS HOME ELEMENTS: 1. That a minor (less than 18 years old) is living in the home of his parents or guardian or the person entrusted with his custody. 2. That the offender induces said minor to abandon such home.

Victim is a minor

Does not distinguish whether the victim is a minor or not Minor is compelled to Debtor himself is the render services for the one compelled to work supposed debt of his for the offender parent or guardian Service of minor is not Limited to household limited to household and farm work and farm work

Chapter Two: Crimes Against Security (Arts. 275-289) Section One Abandonment of helpless persons and Exploitation of minors ART. 275 ABANDONMENT OF PERSONS IN DANGER AND ABANDONMENT OF ONES OWN VICTIM PUNISHABLE ACTS: 1. By failing to render assistance to any person whom the offender finds in an uninhabited place wounded or in danger of dying when he can render such assistance without detriment to himself, unless such omission shall constitute a more serious offense. ELEMENTS: a) The place is not inhabited b) The accused found there a person wounded or in danger of dying c) The accused can render assistance without detriment to himself d) The accused fails to render assistance 2. By failing to help or render assistance to another whom the offender has accidentally wounded or injured. 3. By failing to deliver a child, under seven years of age whom the offender has found abandoned, to the authorities or to his family, or by failing to take him to a safe place. ART. 276 ABANDONING A MINOR

ART. 277 ABANDONMENT OF MINOR ENTRUSTED WITH HIS CUSTODY; INDIFFERENCE OF PARENTS

PUNISHABLE ACTS: 1. By delivering a minor to a public institution or other persons without the consent of the one who entrusted such minor to the care of the offender or, in the absence of that one, without the consent of the proper authorities. 2. By neglecting his (offenders) children by not giving them the education which their station in life requires and financial condition permits.

ELEMENTS OF ABANDONMENT OF MINOR: 1. That the offender has charge of the rearing or education of a minor 2. That he delivers said minor to a public institution or other persons 3. That the one who entrusted such child to the offender has not consented to such act, or if the one who entrusted such child to the offender is absent, the proper authorities have not consented to it

ELEMENTS OF INDIFFERENCE OF PARENTS: 1. That the offender is a parent 2. That he neglects his children by not giving them education 3. That his station in life requires such education and his financial condition permits it Failure to give education must be due to deliberate desire to evade such obligation.

ELEMENTS: 1. That the offender has the custody of a child. 2. That the child is under seven years of age. 3. That he abandons such child. 4. That he has no intent to kill the child when the latter is abandoned. Circumstances qualifying the offense: 1. When the death of the minor resulted from such abandonment; or 2. If the life of the minor was in danger because of the abandonment The act must be conscious and deliberate such that the abandonment deprives the child of the care and protection from danger to his person.

ABANDONMENT OF MINOR BY PERSONS ENTRUSTED WITH CUSTODY (ART. 277)

The custody of the offender is specific, that is, the custody for the rearing or education of the minor Minor is under 18 yrs. of age Minor is delivered to a public institution or other person

ABANDONMENT OF MINOR (ART. 276)

The custody of the offender is stated in general

Minor is under 7 years of age Minor is abandoned in such a way as to deprive him of the care and protection that his tender years need

 ART. 278 EXPLOITATION OF MINORS. PROHIBITED ACTS: 1. Causing any boy or girl under 16 years of age to perform any dangerous feat of balancing, physical strength, or contortion, the offender being any person 2. Employing children under 16 years of age who are not children or descendants of the offender in exhibitions of acrobat, gymnast, rope-walker, diver, or wild animal tamer, the offender being an acrobat, etc., or circus manager or engaged in a similar calling 3. Employing any descendant under 12 years of age in dangerous exhibitions enumerated in the next preceding paragraph, the offender being engaged in any of said callings 4. Delivering a child under 16 gratuitously to any person following any calling enumerated in paragraph two, or to any habitual vagrant or beggar, the offender being an ascendant, guardian, teacher, or person entrusted in any capacity with the care of such child 5. Inducing any child under 16 to abandon the home of its ascendants, guardians, curators or teachers to follow any person engaged in any calling mentioned in paragraph two, or to accompany any habitual vagrant or beggar, the offender being any person QUALIFYING CIRCUMSTANCE: Delivery of the child is made in consideration of any price, compensation or promise

Imposition of the penalties prescribed in the preceding articles shall not prevent the imposition upon the same person of the penalty provided for any other felonies defined and punished under the code

Section Two Trespass to dwelling ART. 280 QUALIFIED TRESPASS TO DWELLING ELEMENTS: 1. That the offender is a private person. 2. That he enters the dwelling of another. 3. That such entrance is against the latters will. QUALIFYING CIRCUMSTANCE: If committed by means of violence/intimidation. Dwelling place means any building or structure exclusively devoted for rest and comfort. In general, all members of a household must be presumed to have authority to extend an invitation to enter the house. There is an implied prohibition when entrance is made through means not intended for ingress.

EXPLOITATION OF MINORS (ART 278, PAR. 5)

INDUCING A MINOR TO ABANDON HIS HOME (ART. 271)

EXAMPLES OF TRESPASS BY MEANS OF VIOLENCE: a) Pushing the door violently and maltreating the occupants after entering. b) Cutting of a ribbon or string with which the door latch of a closed room was fastened. The cutting of the fastenings of the door was an act of violence. c) Wounding by means of a bolo, the owner of the house immediately after entrance EXAMPLES OF TRESPASS BY MEANS OF INTIMIDATION: a) Firing a revolver in the air by persons attempting to force their way into a house. b) The flourishing of a bolo against inmates of the house upon gaining an entrance Prohibition is not necessary when violence or intimidation is employed by the offender. Trespass may be committed by the owner of a dwelling (i.e. lessor enters the house leased to another against the latter's will)

The purpose of No such purpose inducing the minor to abandon the home is to follow any person engaged in any of the callings mentioned Victim is a minor (under Victim is under 16 years 18) of age

R.A. 7610 punishes abuse, exploitation and discrimination of minors ART. 279 ADDITIONAL PENALTIES FOR OTHER OFFENSES

CASES TO WHICH THE PROVISION OF THIS ARTICLE ARE NOT APPLICABLE:

1. If the entrance to anothers dwelling is made for the purpose of preventing some serious harm to himself, the occupants of the dwelling or a third person. 2. If the purpose is to render some service to humanity or justice. 3. If the place where entrance is made is a caf, tavern, inn and other public house, while the same are open. ART. 281 OTHER FORMS OF TRESPASS ELEMENTS: 1. That the offender enters the closed premises or the fenced estate of another. 2. That the entrance is made while either of them is uninhabited. 3. That the prohibition to enter be manifest. 4. That the trespasser has not secured the permission of the owner or the caretaker thereof. QUALIFIED TRESPASS TO DWELLING (ART. 280)
Offender is a private person Offender enters a dwelling house

any other condition even though not unlawful, and the offender attained his purpose. 2. By making such threat without the offender attaining his purpose. 3. By threatening another with the infliction upon his person, honor or property or that of his family of any wrong amounting to a crime, the threat not being subject to a condition. QUALIFYING CIRCUMSTANCE: If threat was made in writing or through a middleman ELEMENTS OF GRAVE THREATS WHERE THE OFFENDER ATTAINED HIS PURPOSE: 1. That the offender threatens another person with the infliction upon the latters person, honor or property, or upon that of the latters family, of any wrong. 2. That such wrong amounts to a crime. 3. That there is a demand for money or that any other condition is imposed, even though not unlawful. 4. That the offender attains his purpose. ELEMENTS OF GRAVE THREATS NOT SUBJECT TO A CONDITION: 1. That the offender threatens another person with the infliction upon the latters person, honor, or property, or upon that of the latters family, of any wrong. 2. That such wrong amounts to a crime. 3. That the threat is not subject to a condition. In the crime of threats, it is essential that there be intimidation. ART. 283 LIGHT THREATS ELEMENTS: 1. That the offender makes a threat to commit a wrong. 2. That the wrong does not constitute a crime. 3. That there is a demand for money or that other condition is imposed even though not unlawful. 4. That the offender has attained his purpose or, that he has not attained his purpose. ART. 284 - BOND FOR GOOD BEHAVIOR WHEN A PERSON IS REQUIRED TO GIVE BAIL BOND: 1. When he threatens another under the circumstances mentioned in Art. 282. 2. When he threatens another under the circumstances mentioned in Art. 283.

OTHER FORMS OF TRESPASS (ART. 281)

The offender is any person Offender enters closed premises or fenced estate without securing the permission of the owner or caretaker thereof Place entered is uninhabited It is the entering the closed premises or the fenced estate without securing the permission of the owner or caretaker thereof Prohibition to enter must be manifest

Place entered is inhabited Act constituting the crime is entering the dwelling against the will of the owner

Prohibition to enter is express or implied

Premises signifies distinct and definite locality. It may mean a room, shop, building or definite area, but in either case, locality is fixed. Section Three Threats and coercion ART. 282 GRAVE THREATS PUNISHABLE ACTS: 1. Threatening another with the infliction upon his person, honor, or property or that of his family of any wrong amounting to a crime and demanding money or imposing

Art. 35

Art. 284

Provides for bond to Provides for bond for keep the peace good behavior Not made applicable to Applicable only to any particular case cases of grave threats and light threats It is a distinct penalty It is an additional penalty If the offender fails to If he shall fail to give give the bond, he shall bail, he shall be be detained for a period sentenced to destierro not exceeding 6 mos (if prosecuted for grave/less grave felony) or not exceeding 30 days (if prosecuted for light felony)

the exercise of the right of suffrage. 2. if the coercion is committed to compel another to perform any religious act 3. if the coercion is committed to prevent another from performing any religious act ART. 287 LIGHT COERCION ELEMENTS: 1. That the offender must be a creditor. 2. That he seizes anything belonging to his debtor 3. That the seizure of the thing be accomplished by means of violence or a display of material force producing intimidation 4. That the purpose of the offender is to apply the same to the payment of the debt. UNJUST VEXATION (Art. 287, par. 2) Includes any human conduct which although not productive of some physical or material harm would, however, unjustly annoy or vex an innocent person. In determining whether the crime of unjust vexation is committed, the offender's act must have caused annoyance, irritation, vexation, torment, distress or disturbance to the mind of the person to whom it is directed st Light coercion under the 1 par. Of Art. rd 287 will be unjust vexation if the 3 element is absent. ART. 288 OTHER SIMILAR COERCIONS (COMPULSORY PURCHASE OF MERCHANDISE & PAYMENT OF WAGES BY MEANS OF TOKENS) PROHIBITED ACTS: 1. Forcing or compelling, directly or indirectly, or knowingly permitting the forcing or compelling of the laborer or employee of the offender to purchase merchandise or commodities of any kind from him ELEMENTS: a) That the offender is any person, agent or officer of any association or corporation. b) That he or such firm or corporation has employed laborers or employees c) That he forces or compels, directly or indirectly, or knowingly permits to be forced or compelled, any of his or its laborers or employees to purchase merchandise or commodities of any kind from him or from said firm or corporation.

ART. 285 OTHER LIGHT THREATS PROHIBITED ACTS: 1. Threatening another with a weapon, or by drawing such weapon in a quarrel, unless it be in lawful self-defense. 2. Orally threatening another, in the heat of anger, with some harm constituting a crime, without persisting in the idea involved in his threat 3. Orally threatening to do another any harm not constituting a felony. ART. 286 GRAVE COERCION TWO WAYS OF COMMITTING GRAVE COERCION: 1. By preventing another by means of violence, threats or intimidation, from doing something not prohibited by law. 2. By compelling another, by means of violence, threats or intimidation, to do something against his will, whether it be right or wrong. ELEMENTS: 1. That a person prevented another from doing something not prohibited by law, or by compelling him to do something against his will, be it right or wrong. 2. That the prevention or compulsion be effected by violence, either material force or such display of force as would produce intimidation and control the will of the offended party. 3. That the person that restrained the will and liberty of another had no authority. WHEN PRISION MAYOR SHALL BE IMPOSED: 1. If the coercion is committed in violation of

2. Paying the wages due his laborer or employee by means of tokens or objects other than the legal tender currency of the Philippines, unless expressly requested by such laborer or employee ELEMENTS: a) That the offender pays the wages due a laborer or employee employed by him by means of tokens or objects b) That those tokens or objects are other than the legal tender currency of the Philippines. c) That such employee or laborer does not expressly request that he be paid by means of tokens or objects. ART. 289 FORMATION , MAINTENANCE, & PROHIBITION OF COMBINATION OF CAPITAL OR LABOR THROUGH VIOLENCE OR THREATS ELEMENTS: 1. That the offender employs violence or threats, in such a degree as to compel or force the laborers or employers in the free and legal exercise of their industry or work. 2. That the purpose is to organize, maintain or prevent coalitions of capital or laborers or lockout of employers. The act should not be a more serious offense Preventing employee from joining any registered labor organization is punished under the Labor Code, not under the RPC.

ELEMENTS: 1. That the offender is a private individual or even a public officer not in the exercise of his official function 2. That he seizes the papers or letters of another 3. That the purpose is to discover the secrets of such other person 4. That the offender is informed of the contents of the papers or letters seized QUALIFYING CIRCUMSTANCE: Offender reveals the contents of such paper or letter of another to a third person. ART. 290 NOT APPLICABLE: 1. parents, guardians, or persons entrusted with the custody of minors with respect to the papers or letters of the children or minors placed under their care or study, 2. spouses with respect to the papers or letters of either of them. ART. 291 REVEALING SECRETS WITH ABUSE OF OFFICE ELEMENTS: 1. That the offender is a manager, employee or servant 2. That he learns the secrets of his principal or master in such capacity 3. That he reveals such secrets Damage not necessary ART. 292 REVELATION OF INDUSTRIAL SECRETS ELEMENTS: 1. That the offender is a person in charge, employee or workman of a manufacturing or industrial establishment 2. That the manufacturing/industrial establishment has a secret of the industry which the offender has learned 3. That the offender reveals such secrets 4. That prejudice is caused to the owner CLASSIFICATION OF ROBBERY: 1. Robbery with violence against, or intimidation of persons (294, 297, 298) 2. Robbery by use of force upon things (299& 302) ELEMENTS OF ROBBERY IN GENERAL: 1. That there be personal property (bienes muebles) belonging to another; 2. That there is unlawful taking (apoderamiento or asportacion) of that property.

Chapter Three: Discovery and Revelation of Secrets (Arts. 290-292) ART. 290 DISCOVERING SECRETS THROUGH SEIZURE OF CORRESPONDENCE

Prejudice is an essential element of this offense

TITLE TEN: CRIME AGAINST PROPERTY Chapter One: Robbery in General (Arts. 293-305) ART. 293 WHO ARE GUILTY OF ROBBERY

3. 4.

That the taking must be with intent to gain (animus lucrandi) That there is violence against or intimidation of any person/ or force used upon things

Section One Robbery with violence against or intimidation of persons ART. 294- ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS ACTS PUNISHED UNDER THIS ARTICLE: 1. When by reason or on occasion of the robbery, the crime of homicide is committed; or when the robbery is accompanied by rape or intentional mutilation or arson. 2. When by reason or on occasion of such robbery any of the physical injuries resulting in insanity, imbecility, impotency or blindness is inflicted (subdivision 1 of Art. 263). 3. When by reason or on occasion of robbery, any of the physical injuries penalized in subdivision 2 of Art. 263 is inflicted. 4. If the violence or intimidation employed in the commission of the robbery is carried to a degree clearly unnecessary for the commission of the crime; or when in the course of its execution, the offender shall have inflicted upon any person physical injuries covered by subdivisions 3 and 4 of Art. 263. 5. If the violence employed by the offender does not cause any of the serious physical injuries defined in Art. 263, or if the offender employs intimidation only. These offenses are known as SPECIAL COMPLEX CRIMES. The term homicide is used in its generic sense and includes any kind of killing, whether parricide or murder or where several persons are killed and the name of this special complex crime shall remain as robbery with homicide. The qualifying circumstance (e.g. treachery in murder) will only become an aggravating circumstance. Additional rape/s or homicide/s are not considered aggravating. Unless and until a law is passed providing that the additional rape/s (or homicide/s) may be considered aggravating, the Court must construe the penal law in favor of the offender as no person may be brought within its terms if he is not clearly made so by the statue. (People vs. Sultan, April 27, 2000)

PERSONAL PROPERTY As long as the personal property does not belong to the accused who has a valid claim thereover, it is immaterial whether said offender stole it from the owner, a mere possessor, or even a thief of the property. UNLAWFUL TAKING: 1. Unlawful taking means appropriating a thing belonging to another and placing it under one's control or possession. 2. Unlawful taking is COMPLETE: a) robbery with violence against or intimidation of personsoffender has already the possession of the thing even if he has no opportunity to dispose of it b) robbery with force upon thingsthe thing must be brought outside the building for consummated robbery to be committed INTENT TO GAIN Intent to gain is presumed from the unlawful taking of personal property VIOLENCE OR INTIMIDATION Violence or intimidation must be present before the taking of personal property is complete. But when the violence results in homicide, rape, intentional mutilation or any of the serious physical injuries penalized in Par. 1 and 2 of Art 263, the taking of the personal property is robbery complexed with any of those crimes under Art. 294, even if the taking was already complete when the violence was used by the offender. Art. 294 applies only where robbery with violence against or intimidation of persons takes place without entering an inhabited house under the circumstances in Art. 299. When both circumstances are present, the offense shall be considered as a complex crime under Art. 48, and the penalty shall be for the graver offense in the maximum period. (Napolis v. CA, Feb 28, 1972) If it is the owner who forcibly takes the personalty from its lawful possessor, the crime is estafa under Art. 316(3) since the former cannot commit robbery on his own property even if he uses violence or intimidation.

Par. 5 is known as simple robbery because they only involve slight or less serious physical injuries, which are absorbed in the crime of robbery as an element thereof.

This article provides five special aggravating circumstances which, because they impose the penalty in the maximum period and cannot be offset, are also considered as qualifying circumstances. Art. 294 Art. 300
en Both must concur not

Threats to Extort Money vs. Robbery through Intimidation THREATS TO ROBBERY THRU EXTORT MONEY INTIMIDATION
Intimidation conditional or future is Intimidation is and immediate actual

Despoblado and cuadrilla need concur

Intimidation may be Intimidation is personal through an intermediary Intimidation may refer Intimidation is directed to person, honor or only to the person of property of the offended the victim party or of his family The gain of the culprit is The gain of the culprit is not immediate immediate

If the crime committed is robbery with homicide, rape, mutilation or arson (Par. 1) or with physical injuries under subdivision 1 of Art. 263 (Par. 2), despoblado and cuadrilla will each be considered only as a generic aggravating circumstance. ART. 296-DEFINITION OF A BAND AND PENALTY INCURRED BY THE MEMBERS THEREOF

Robbery vs. Bribery ROBBERY

The victim is deprive of his money, property by force or intimidation

BRIBERY
He parts with his money in a sense voluntarily

Robbery vs. Grave Coercion ROBBERY GRAVE COERCION

With intent to gain No intent to gain

ART. 295-ROBBERY WITH PHYSICAL INJURIES, COMMITTED IN AN UNINHABITED PLACE BY A BAND OR WITH THE USE OF FIREARM ON A STREET, ROAD OR ALLEY Qualified Robbery with Force Upon Things or Intimidation of Persons: Nos. 3,4,5 of Article 294: if committed a) In an uninhabited place (despoblado); or b) By a band (en cuadrilla); or c) By attacking a moving train, street car, motor vehicle, or airship; or d) By entering the passengers compartments in a train, or in any manner taking the passengers by surprise in their respective conveyances; or e) On a street, road, highway, or alley, and the intimidation is made with use of firearms, the offender shall be punished by the maximum period or the proper penalties prescribed in Art. 294.

OUTLINE: a) When at least four armed malefactors take part in the commission of a robbery, it is deemed committed by a band. b) When any of the arms used in the commission of robbery is not licensed, the penalty upon all malefactors shall be the maximum of the corresponding penalty provided by law without prejudice to the criminal liability for illegal possession of firearms. c) Any member by a band who was present at the commission of a robbery by the band, shall be punished as principal of any assaults committed by the band, unless it be shown that he attempted to prevent the same. Art. 296, just like Art. 295, also applies only to robbery under Pars. 3, 4 and 5 of Art. 294, and not to robbery with homicide, rape, intentional mutilation, arson or the physical injuries in Par. 1 of Art. 263. PD 1866 penalizes illegal possession of firearm in addition to criminal liability for robbery by a band.

REQUISITES FOR LIABILITY FOR THE ACTS OF OTHER MEMBERS OF THE BAND: 1. He was a member of the band 2. He was present at the commission of a robbery by that band 3. The other members of that band committed an assault 4. He did not attempt to prevent the assault

 ART. 297-ATTEMPTED AND FRUSTRATED ROBBERY COMMITTED UNDER CERTAIN CIRCUMSTANCES SPECIAL COMPLEX CRIME: When by reason or on occasion of an attempted or frustrated robbery a homicide is committed Homicide under this article is also used in its generic sense, to include any other unlawful killing. However, if the killing legally constituted murder or parricide, the offense will continue to be covered by Art. 297 with the technical name stated therein, but the penalty shall be for murder or parricide because Art. 297 states, unless the homicide (killing) committed shall deserve a higher penalty under this Code.

ART. 299-ROBBERY IN AN INHABITED HOUSE/PUBLIC BUILDING OR EDIFICE DEVOTED TO WORSHIP ELEMENTS: (Subdivision A) 1. The offender entered (a) an inhabited house (b) a public building or (c) an edifice devoted to religious worship 2. The entrance was effected by any of the following means: a) Through an opening not intended for entrance or egress; b) By breaking any wall, roof, floor, door, or window; c) By using false keys, picklocks or similar tools; or d) By using any fictitious name or pretending the exercise of public authority. 3. That once inside the building, the offender took personal property belonging to another with intent to gain The whole body of the culprit must be inside the building to constitute entering. Not every physical force exerted by the offender is covered by Art. 299, hence breaking store windows to steal something but without entry, is only theft.

If physical injuries were inflicted on the victim, but no intent to kill was proved and the victim did not die, the liability of the offender may be as follows: a) If the physical injuries were by reason of the attempted or frustrated robbery as the means for the commission of the latter, the injuries are absorbed by the latter and the crime shall only be attempted or frustrated robbery. b) If the physical injuries were inflicted only on the occasion of the aborted robbery but not employed as a means of committing the latter, these will be separate crimes of attempted or frustrated robbery and physical injuries. c) If both killing and physical injuries were committed on that occasion, the crime will be penalized in accordance with Art. 297 but the physical injuries will be absorbed. ART. 298-EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR INTIMIDATION ELEMENTS: 1. That the offender has intent to defraud another. 2. That the offender compels him to sign, execute, or deliver any public instrument or document 3. That the compulsion is by means of violence or intimidation. Section Two Robbery with the use of force upon things

ELEMENTS: (Subdivision B) 1. Offender is inside a dwelling house, public building or edifice devoted to religious worship, regardless of the circumstances under which he entered. 2. The offender takes personal property belonging to another with intent to gain under any of the following circumstances: a) by the breaking of doors, wardrobes, chests, or any other kind of sealed furniture or receptacle b) by taking such furniture or objects away to be broken open outside the place of the robbery It is estafa or theft, if the locked or sealed receptacle is not forced open in the building where it is kept or taken therefrom to be broken outside. ART. 300 ROBBERY IN AN UNINHABITED PLACE AND BY A BAND Under this article, robbery is committed in an uninhabited place AND by a band, as distinguished from Qualified Robbery with Violence or Intimidation of Persons (Art 295) which is committed in an uninhabited place OR by a band.

force upon things ART. 301 WHAT IS AN INHABITED HOUSE, PUBLIC BUILDING OR BUILDING DEDICATED TO RELIGIOUS WORSHIP AND THEIR DEPENDENCIES Inhabited house - means any shelter, ship, or vessel constituting the dwelling of one or more persons, even though the inhabitants thereof shall temporarily be absent therefrom when the robbery is committed. Dependencies of an inhabited house, public building or building dedicated to religious worship - all interior courts, corrals, warehouses, granaries or enclosed places (1) contiguous to the building or edifice, (2) having an interior entrance connected therewith, and (3) which form part of the whole. Orchards and other lands used for cultivation or production are not included in the terms of the next preceding paragraph, even if closed, contiguous to the building and having direct connection therewith. Cereals are seedlings which are the immediate product of the soil The palay must be kept by the owner as seedling or taken for that purpose by the robbers. ART. 304 POSSESSION OF PICKLOCKS OR SIMILAR TOOLS ELEMENTS: 1. That the offender has in his possession picklocks or similar tools 2. That such picklocks or similar tools are specially adopted to the commission of robbery 3. That the offender does not have lawful cause for such possession ART. 305 FALSE KEYS INCLUSIONS: 1. Tools not mentioned in the next preceding article 2. Genuine keys stolen from the owner 3. Any keys other than those intended by the owner for use in the lock forcibly opened by the offender. ART. 302 ROBBERY IN AN UNINHABITED PLACE OR IN A PRIVATE BUILDING Same manner of commission as Article 299 The only difference between Arts. 299 and 302 is that the use of fictitious name or simulation of public authority can be used only in Art. 299 which refers to inhabited buildings and not in Art. 302 which involves uninhabited or other places. While Art. 302 provides for robbery in an uninhabited place, it actually means an uninhabited house. ART. 303 ROBBERY OF CEREALS, FRUITS, OR FIREWOOD IN AN UNINHABITED PLACE OR PRIVATE BUILDING Penalty is 1 degree lower when cereals, fruits, or firewood are taken in robbery with A master key is a picklock and its possession is punishable.

Public building - includes every building owned by the Government or belonging to a private person not included used or rented by the Government, although temporarily unoccupied by the same.

Chapter Two: Brigandage (Arts. 306-307) PRESIDENTIAL DECREE 532 modified Arts. 306 & 307 Highway Robbery/Brigandage is the seizure of any person for ransom, extortion or other unlawful purposes, or the taking away of the property of another by means of violence against or intimidation of persons or force upon things or other unlawful means, committed by any person on any Philippine Highway. Any person who aids or protects highway robbers or abets the commission of highway robbery or brigandage shall be considered as an ACCOMPLICE.

PD 532
Mere conspiracy to constitute the offense of brigandage is not punishable (presupposes that acts defined are actually committed) Offenders need constitute a band

BRIGANDAGE (ART. 306, RPC)

Mere formation of a band for any purpose indicated in the law is punishable

b) by aiding, abetting or protecting such band or brigands c) by acquiring or receives property taken by such brigands

Chapter Three: Theft (Arts. 308-311) ART. 308 WHO ARE LIABLE FOR THEFT ELEMENTS: 1. That there be taking of personal property 2. That said property belongs to another 3. That the taking be done with intent to gain 4. That the taking be done without the consent of the owner 5. That the taking be accomplished without the use of violence against or intimidation of persons or force upon things THE FOLLOWING ARE LIABLE FOR THEFT: 1. Those who (a) with intent to gain, (b) without violence or intimidation of persons nor force upon things, (c) take (d) personal property (e) of another (f) without the latters consent 2. Those who (a) having found lost property, (b) fail to deliver the same to the local authorities or to its owner 3. Those who (a) after having maliciously damaged the property of another, (b) remove or make use of the fruits or objects of the damaged caused by them 4. Those who (a) enter an enclosed estate or a field where (b) trespass is forbidden or which belonged to another, and without the consent of the owner, (c) hunt or fish upon the same or gather fruits, cereals or other forest or farm products Theft is not a continuing offense. What distinguishes THEFT from ROBBERY is that in theft the offender does not use violence or intimidation or does not enter a house or building through any of the means specified in Art. 299 or Art. 302 in taking personal property of another with intent to gain From the moment the offender gained possession of the thing, even if the culprit had no opportunity to dispose of the same, the unlawful taking is complete (People vs. Salvilla, April 26, 1990). Theft is not limited to an actual finder of lost property who does not return or deposit it with the local authorities but

not Offenders must be a band of robbers

ART. 306 BRIGANDAGE ELEMENTS: 1. There be at least four armed persons 2. They formed a band of robbers 3. The purpose is any of the following: a) To commit robbery in a highway; or b) To kidnap persons for the purpose of extortion or to obtain ransom; or c) To attain by means of force or violence any other purpose The only things to prove are: 1. That there is an organization of more than three armed persons forming a band of robbers 2. That the purpose of the band is any of those enumerated in Art. 306 3. That they went upon the highway or roamed upon the country for that purpose. 4. That the accused is a member of such band. BRIGANDAGE
Purpose: commit robbery in highway; or to kidnap person for ransom; or any other purpose attained by force and violence Agreement is to commit several robberies Mere formation is punished

ROBBERY IN BAND
Purpose: commit robbery, not necessarily in highways

Agreement is to commit a particular robbery Actual commission robbery necessary of

ART. 307 AIDING OR ABBETING A BAND OF BRIGANDS ELEMENTS: 1. That there is a band of brigands 2. That the offender knows the band to be of brigands 3. That the offender commits any of the following acts: a) by giving information about the movement of police or other peace officers of the government

includes a policeman to whom he entrusted it and who misappropriated the same, as the latter is also a finder in law. Theft of electricity is also punishable under RA 7832, the Anti-Electricity and Electric Transmission Lines/Materials Pilferage Act of 1994. ART. 309 PENALTIES THE BASIS OF PENALTY IN THEFT IS: 1. The value of the thing stolen, and in some cases, 2. The value and the nature of the property taken, or 3. The circumstances or causes that impelled the culprit to commit the crime. ART. 310-QUALIFIED THEFT There is qualified theft in the following instances: 1. If theft is committed by a domestic servant 2. If committed with grave abuse of confidence 3. If the property stolen is (a) motor vehicle, (b) mail matter or (c) large cattle 4. If the property stolen consists of coconuts taken from the premises of plantation. 5. If the property stolen is taken from a fishpond or fishery 6. If property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any other calamity, vehicular accident or civil disturbance Penalty for qualified theft is two degrees higher than that provided in Art. 309.

between homicide and murder. CATTLE RUSTLING LAW of 1974 (P.D. 533) Cattle Rustling is defined as the taking away by means, method or scheme, without the consent of the owner/raiser, of any large cattle whether or not for profit or gain, or whether committed with or without violence against or intimidation of persons or force upon things. It includes the killing of large cattle or taking it as meat or hide without the consent of the owner/raiser. Large cattle shall include the cow, carabao, horse, mule, ass, or other domesticated member of the bovine family. Goats are not large cattle. Presumption of Cattle Rustling: Failure to exhibit the required documents by any person having in his possession, control, or custody of large cattle, upon demand by competent authorities shall be prima facie evidence that the large cattle in his possession, control and custody are the fruits of the crime of cattle rustling. LAW ON ILLEGAL FISHING (P.D. 534) Illegal Fishing- the act of any person to catch, take or gather or cause to be caught, taken or gathered fish or fishery/aquatic products in Philippine waters with the use of explosives, obnoxious or poisonous substances or by the use of electricity. PRESIDENTIAL DECREE 581 HIGHGRADING OR THEFT OF GOLD Highgrading or Theft of Gold the act of any person who shall take gold-bearing ores or rocks from a mining claim or mining camp or shall remove, collect or gather gold-bearing ores or rocks in place or shall extract or remove the gold; from such ores or rocks, or shall prepare and treat such ores or rocks to recover or extract the gold content thereof, without the consent of the operator of the mining claim. Presumption: unauthorized possession by any person within a mining claim or mining camp of gold-bearing ores or rocks, or of gold extracted or removed from such ores or rocks, shall be prima facie evidence that they have been stolen from the operator of a mining claim (Sec. 2)

ANTI CARNAPPING ACT of 1972 (R.A. 6539) CARNAPPING is the taking, with intent to gain, of motor vehicle belonging to another without the latters consent, or by means of violence against or intimidation of persons, or by using force upon things. If the owner, driver or occupant of carnapped vehicle is killed or raped in the course of the commission of the carnapping or on the occasion thereof, the penalty of reclusion perpetua to death shall be imposed. Since Sec. 14 of RA 6539 uses the words IS KILLED, no distinction must be made

 ANTI FENCING LAW (P.D. 1612) ELEMENTS: 1. Crime of robbery has been committed 2. Accused, who is not a principal or accomplice in the commission of the crime of robbery or theft, buys, receives, possesses, keeps, acquires, conceals, sells, or disposes of, or shall buy and sell, or in any other manner deal any article, item, object or anything of value which he knows, or should be known to him, to have been derived from the proceeds of said crime 3. accused knows or should have known that said article, item, object or anything of value has been derived from the proceeds of theft or robbery. 4. Accused has intent to gain for himself or another Section 2. Definition of Terms. Fencing the act of any person who, w/ intent to gain for himself or for another, shall buy, receive, possess, keep, acquire, conceal, sell, or dispose of, or shall buy and sell, or in any other manner deal any article, item, object or anything of value which he knows, or should be known to him, to have been derived from the proceeds of the crime of robbery or theft. Section 5. Presumption of Fencing Mere possession of any good, article, item, object, or anything of value which has been the subject of robbery or thievery shall be prima facie evidence of fencing.

Theft of property on National Library and Museum has a fixed penalty regardless of its value

Chapter Four: Usurpation (Arts. 312-313) ART. 312-OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL RIGHTS IN PROPERTY ELEMENTS: 1. That the offender takes possession of any real property or usurps any real rights in property. 2. That the real property or real rights belong to another. 3. That violence against or intimidation of persons is used by the offender in occupying real property or usurping real property or usurping real right in property. 4. That there is intent to gain. ACTS PUNISHABLE UNDER ART. 312: 1. By taking possession of any real property belonging to another by means of violence against or intimidation of persons 2. By usurping any real rights in property belonging to another by means of violence against or intimidation of persons THEFT/ROBBERY
Personal property is taken

ART. 312
Real property or real right involved

ART. 313 ALTERING BOUNDARIES OR LANDMARK ELEMENTS: 1. That there be boundary marks or monuments of towns, provinces, or estates, or any other marks intended to designate the boundaries of the same 2. That the offender alters said boundary marks

Section 6. Clearance/Permit to Sell Used/ Second Hand Articles. All stores, establishments or entities dealing in the buy and sell of any good, article, item, object or anything of value shall, before offering the same for sale to the public, secure the necessary clearance or permit from the station commander of the Integrated National Police in the town or city where such store, establishment or entity is located. Any person who fails to secure the required clearance/permit shall also be punished as a fence.

Chapter Five: Culpable Insolvency (Art. 314) ART. 314- FRAUDULENT INSOLVENCY ELEMENTS: 1. That the offender is a debtor 2. That he absconds with his property 3. That there be prejudice to his creditors Unlike in the Insolvency Law, Art. 314 does not require for its application that the

ART. 311 - THEFT OF THE PROPERTY OF THE NATIONAL LIBRARY AND NATIONAL MUSEUM

criminal act should have been committed after the institution of insolvency proceedings. Chapter Six: Swindling and Other Deceits (Arts. 315-318) ART. 315-SWINDLING/ESTAFA ELEMENTS in general 1. That the accused defrauded another by abuse of confidence, or by means of deceit 2. That the damage or prejudice capable of pecuniary estimation is caused to the offended party or third persons Damage or prejudice may consist in: 1. offended party being deprived of his money or property as a result of the defraudation 2. disturbance in property rights 3. temporary prejudice

received. The default in the return of the thing received will only entail civil liability. The thing to be delivered or returned by the offender must the very object which he received.

GENERAL RULE: There must be a formal demand on the offender to comply with his obligation before he can be charged with estafa. EXCEPTIONS: 1. When the offenders obligation to comply is subject to a period, and 2. When the accused cannot be located despite due diligence. NOVATION THEORY May apply prior to the filing of the criminal information in court by the state prosecutor, because up to that time, the original trust relation may be converted by the parties into an ordinary creditor-debtor situation, thereby placing the complainant in estoppel to insist on the original trust. But after the judicial authorities have taken cognizance of the crime and instituted action in court, the offended party may no longer divest the prosecution of its power to exact the criminal liability, as distinguished from the civil liability. (People vs. Nery, 10 SCRA 244)

I.

ESTAFA WITH UNFAITHFULNESS OR ABUSE OF CONFIDENCE

ESTAFA WITH UNFAITHFULNESS (ART. 315, NO. 1 A) ELEMENTS: 1. That the offender has an onerous obligation to deliver something of value 2. That he alters its substance, quantity or quality 3. That damage or prejudice capable of pecuniary estimation is caused to the offended party or third persons ESTAFA WITH ABUSE OF CONFIDENCE (Art. 315 NO.1 B) ELEMENTS: 1. That money, goods, or other personal property be received by the offender in trust, or on commission, or for administration, or under any other obligation involving the duty to make delivery of, or to return, the same 2. That there be misappropriation or conversion of such money or property by the offender, or denial on his part of such receipt 3. That such misappropriation or conversion or denial is to the prejudice of another 4. That there is demand made by the offender party to the offender Art. 315, No. 1 (b) does not apply when the contract between the accused and complainant has the effect of transferring to the accused ownership of the thing

THEFT

ESTAFA

if the offender had if in receiving the thing acquired only the from the offended party, material or physical the offender acquired possession of the thing also the juridical possession of the thing and the later misappropriated it

ESTAFA

MALVERSATION

The funds or property Usually public funds or are private property Offender is a private Offender who is usually individual or even a a public officer is public officer who is accountable for public not accountable for funds or property public funds or property. Crime is committed by misappropriating, converting or denying having received money, goods, or other personal property Crime is committed by appropriating taking or misappropriating or consenting, or through abandonment or negligence, permitting any other person to take the public funds or property

ESTAFA BY TAKING UNDUE ADVANTAGE OF THE SIGNATURE IN BLANK (ART. 315, NO. 1) ELEMENTS: 1. That the paper with the signature of the offended party be in blank 2. That the offended party should have delivered it to the offender 3. That above signature of the offended party a document is written by the offender without authority to do so 4. That the document so written creates a liability of, or causes damage to the offended party or any third person II. ESTAFA BY MEANS OF DECEIT (Art. 315, NO 2) ELEMENTS: 1. That there must be false pretense, fraudulent act or fraudulent means 2. That such false pretense, act or fraudulent means must be made or executed prior to or simultaneously with the commission of fraud 3. That the offended party must have relied on the false pretense, fraudulent act, or fraudulent means, that is, he was induced to part with is money or property because of fraudulent means 4. That as a result thereof, the offended party suffered damage

Economic Sabotage: a) Illegal recruitment by syndicate committed by a group of three (3) or more persons conspiring or confederating with one another. b) Large Scale Illegal Recruitment committed against three (3) or more persons. Penalty for Illegal Recruitment involving economic sabotage is punishable by life imprisonment and fine of P500,000 to P1,000,000.

B. Art. 315 No. 2 (B) By altering, the quality, fineness or weight of anything pertaining to his business C. Art. 315 No. 2 (C) By pretending to have bribed any Government employee The accused, by pretending to have bribed a government employee, can be held further liable for such calumny in a criminal action for either slander or libel depending on how he recounted the supposed bribery.

WAYS OF COMMISSION: A. Art. 315 No. 2 (A): 1. By using a fictitious name 2. By falsely pretending to possess power, influence, qualifications, property, credit, agency, business or imaginary transactions 3. By means of other similar deceits

D. Art. 315 No. 2 (D) ELEMENTS: 1. That the offender postdated a check, or issued a check in payment of an obligation 2. That such postdating or issuing a check was done when the offender had no funds in the bank, or his funds deposited therein were not sufficient to cover the amount of the check The issuance by the offender of the check (whether postdated or not), prior to or simultaneous with the transaction, must be for the purpose of contracting the obligation, otherwise if the check is issued in payment of a preexisting obligation, no estafa is committed. If the check was issued by the debtor only for security of the creditor, as in the nature of promissory notes but not to be encashed, no estafa will be involved.

ILLEGAL RECRUITMENT Under the Migrant Workers Act (R.A. No. 8042) Illegal Recruitment - Any act of canvassing, enlisting, hiring, or procuring workers, including referring contract services, promising or advertising for employment abroad, whether for profit or not, when undertaken by a nonlicensee or non-holder of authority. Any such non-licensee or non-holder of authority who, for a fee, offers and promises employment abroad to two or more persons shall be deemed so engaged in illegal recruitment.

BOUNCING CHECKS LAW (B.P. Blg. 22) Section 1. Checks Without Sufficient Funds

OFFENSES PUNISHED UNDER BP 22: 1. Making or Drawing and issuing a check knowing at the time of issue that he does not have sufficient funds. ELEMENTS: a) That a person makes or draws and issues any check b) That the check is made or drawn and issued to apply on account or for value. c) That the person knows that at the time of issue he does not have sufficient funds in or credit with the drawee bank for the payment of such check upon its presentment d) That the check is subsequently dishonored by the drawee bank for insufficiency of funds or credit, or would have been dishonored for the same reason had not the drawer, without any valid reason, ordered the bank to stop payment. 2. Failing to keep sufficient funds to cover check if presented within a period of 90 days from the date appearing thereon. ELEMENTS: a) That a person has sufficient funds with the drawee bank when he makes or draws and issues a check b) That he fails to keep sufficient funds or to maintain a credit to cover the full amount if presented within a period of 90 days from the date of appearing thereon. c) That the check is dishonored by the drawee bank Evidence of Knowledge of Insufficient Funds: Refusal of drawee bank to pay the check due to insufficiency of funds when presented within 90 days from the date of the check shall be prima facie knowledge of insufficiency of funds, unless the drawer or maker pays the holder the amount due thereon or makes arrangements for the payment thereof by the drawee within five (5) banking days after receipt of notice that the check was dishonored.

That the checks were presented beyond the 90-day period provided in Sec. 2 of BP 22 is not an element of the offense but merely a condition for the prima facie presumption of knowledge of the insufficiency of funds. (Nagrampa vs. People, G.R. No. 146211. August 6, 2002)

Under SC Administrative Circular 12-2000: Where the circumstances of both the offense and the offender clearly indicate good faith or a clear mistake of fact without taint of intelligence, the imposition of fine alone should be considered as the more appropriate penalty. It mere lays down a rule of preference in the application of the penalties provided for in B.P. 22. The circular does not delete the penalty of imprisonment, for should the judge decide that imprisonment is the more appropriate penalty, the circular ought not to be a hindrance. Prosecution under BP 22 shall be without prejudice to any liability for any violation in the RPC. The fine under BP22 is based on the amount of the check and is without regard to the amount of damage caused. The accused will be liable for the dishonor of the check even if it was issued in payment of a preexisting legal obligation as he issued that check to apply on account.

BP Blg. 22 vs. Estafa BP 22

RPC

1. endorser is not liable; 1. endorser who acted with deceit knowing that the check is worthless will be criminally liable; 2.malum prohibitum; 2. malum in se;

3. Issuance of check is 3. it is the means to for value or on account obtain the valuable consideration from the payee (debt is not preexisting) 4. Deceit and damage are not elements of the crime; the gravamen of the offense is the issuance of the check 4. False pretenses or deceit and damage, or at least intent to cause damage, are essential and the false pretenses must be prior to or simultaneous with the damage caused.

5. The drawer is given 5 5. given 3 days after days after receiving receiving notice of

notice of dishonor dishonor; within which to pay or make arrangements for payment; 6. that there are no funds or no sufficient funds at the time of issuance or at the time of presentment if made within 90 days. 7. The maker or drawer and issuer knows at the time of issue that he does not have sufficient fund in or credit with the drawee bank for the payment of the check in full 6. that there are no funds or there are insufficient funds at the time of issuance

documents or any other papers 2. That the offender removed, concealed or destroyed any of them 3. That the offender had intent to defraud another

7. Not necessary that the drawer should know at the time that he issued the check that the funds deposited in the bank were not sufficient to cover the amount of the check.

INFIDELITY IN CUSTODY OF DOCUMENT (Art. 226)

ESTAFA (Art. 315 C)

Offender is a public The offender is a officer who is officially private individual who is entrusted with the not officially entrusted document with the documents

E. Art. 315, NO. 2(E) 1. By obtaining food, refreshment or accommodation at hotel, inn, restaurant, boarding house, lodging house or apartment house without paying thereof, with intent to defraud the proprietor or manager thereof 2. By obtaining credit at any of the said establishments by the use of any false pretense 3. By abandoning or surreptitiously removing any part of his baggage from any of the said establishment after obtaining credit, food, refreshment or accommodation therein, without paying therefor III. ESTAFA THROUGH THE FOLLOWING MEANS A. ESTAFA BY INDUCING ANOTHER TO SIGN ANY DOCUMENT (ART. 315 NO. 3A) ELEMENTS: 1. That the offender induced the offended party to sign a document 2. That deceit be employed to make him sign the document 3. That the offended party personally signed the document 4. That prejudice be caused B. ESTAFA BY RESORTING TO SOME FRAUDULENT PRACTICE TO INSURE SUCCESS IN GAMBLING (315 No. 3B) C. ESTAFA BY REMOVING, CONCEALING OR DESTROYING DOCUMENTS (ART. 315 NO. 3C) ELEMENTS: 1. That there be court record, office files,

If there is no intent to defraud, it could be malicious mischief. ART. 316-OTHER FORMS OF SWINDLING

PERSONS LIABLE: 1. Any person who, pretending to be the owner of any real property, shall convey, sell, encumber or mortgage the same. ELEMENTS: a) That the thing be immovable, such as a parcel of land or a building. b) That the offender who is not the owner of said property should represent that he is the owner thereof. c) That the offender should have executed an act of ownership (selling, leasing, encumbering or mortgaging the real property). d) That the act be made to the prejudice of the owner or a third person. 2. Any person who, knowing that real property is encumbered, shall dispose of the same, although such encumbrance be not recorded. ELEMENTS: a) That the thing disposed of be real property. b) That the offender knew that the real property was encumbered, whether the encumbrance is recorded or not. c) That there must be express representation by the offender that the real property is free from encumbrance. d) That the act of disposing of the real property be made to the damage of another.

3. The owner of any personal property who shall wrongfully take it from its lawful possessor, to the prejudice of the latter or any third person ELEMENTS: a) That the offender is the owner of personal property. b) That said personal property is in the lawful possession of another. c) That the offender wrongfully takes it from its lawful possessor. d) That prejudice is thereby caused to the possessor or third person. 4. Any person who, to the prejudice of another, shall execute any fictitious contract 5. Any person who shall accept any compensation for services not rendered or for labor not performed. 6. Any person who shall sell, mortgage or encumber real property with which the offender guaranteed the fulfillment of his obligation as surety. ELEMENTS: a) that the offender is a surety in a bond given in a criminal or civil action b) that he guaranteed the fulfillment of such obligation with his real property or properties c) that he sells, mortgages, or, in any manner encumbers said real property. d) that such sale, mortgage or encumbrance is (1) without express authority from the court, or (2) made before the cancellation of his bond, or (3) before being relieved from the obligation contracted by him ART. 317-SWINDLING A MINOR ELEMENTS: 1. That the offender takes advantage of the inexperience or emotions or feelings of a minor 2. That he induces such minor to assume an obligation, or to give release, or to execute a transfer of any property right. 3. That the consideration is some loan of money, credit, or other personal property 4. That the transaction is to the detriment of such minor

ART. 318-OTHER DECEITS 1. By defrauding or damaging another by any other deceit not mentioned in the preceding articles 2. By interpreting dreams, by making forecasts telling fortunes, by taking advantage of the credulity of the public in any other manner, for profit or gain

Chapter Seven: Chattel Mortgage (Arts. 319) ART. 319-REMOVAL, SALE OR PLEDGE OF MORTGAGED PROPERTY A. REMOVAL PROPERTY OF MORTGAGED

ELEMENTS: 1. Personal property mortgaged under Chattel Mortgage Law 2. Offender knows such mortgage 3. He removes personal property to any province or city other than the one in which it was locate at the time of the execution of the mortgage 4. Removal is permanent 5. No written consent of mortgagee, executors, administrators, or assigns to such removal B. SALE OR PLEDGE OF MORTGAGED PROPERTY ELEMENTS: 1. Personal property pledged under Chattel Mortgage Law. 2. Offender, who is the mortgagor, sells or pledges the same property or any part thereof 3. No consent of mortgagee written at the back of the mortgage and noted on the record thereof in the Office of the Register of Deeds Damage to the mortgagee not essential

Art. 319 distinguished from estafa (Art. 316) by disposing of encumbered property ART. 319 ART. 316 (PAR. 2)
The property involved is The property involved is personal property. real property.

Selling or pledging of personal property already pledged or mortgaged is committed by the mere failure to obtain the consent of the mortgagee in writing, even if the offender should inform the purchaser that the thing sold is mortgaged.

To constitute estafa, it is sufficient that the real mortgaged be sold as free, even though the vendor may have obtained the consent of the mortgagee in writing.

4. Any building, factory, warehouse installation and any appurtenances thereto, which are devoted to the service of public utilities. 5. Any building the burning of which is for the purpose of concealing or destroying evidence of another violation of law, or for the purpose of concealing bankruptcy or defrauding creditors or to collect from insurance. QUALIFYING CIRCUMSTANCES: reclusion perpetua to death shall be imposed upon any person who shall burn: a) Any arsenal, shipyard, storehouse or military powder or fireworks factory, ordnance, storehouse, archives or general museum of the Government. b) In an inhabited place, any storehouse or factory of inflammable or explosive materials. OTHER CASES OF ARSON Burning of: 1. Any building used as offices of the Government or any of its agencies 2. Any inhabited house or dwelling 3. Any industrial establishment, shipyard, oil, well or mine shaft, platform or tunnel 4. Any plantation farm, pasture land, growing crop or grain field, orchard, bamboo grove or forest 5. Any rice mill, sugar mill, cane mill, or mill central 6. Any railway or bus station, airport, wharf, or warehouse SPECIAL AGGRAVATING CIRCUMSTANCES IN ARSON: 1. If committed with intent to gain 2. If committed for the benefit of another 3. If the offender be motivated by spite or hatred towards the owner or occupant of the property burned 4. If committed by a syndicate The offense is committed by a syndicate if it is planned or carried out by a group of three or more persons If a part of the building commences to burn, the crime is consummated arson, however small is the portion burned. When there is fire, the crime committed is either frustrated or consummated arson, never attempted. Mere conspiracy to commit arson is punishable.

The purpose of the law The purpose is to protect is to protect the the purchaser, whether the first or the second. mortgagee.

Chapter Eight: Arson and Other Crimes Involving Destructions (Arts. 320-326B) ART. 320-326-b REPEALED BY PD 1613 PD 1613-AMENDING THE LAW ON ARSON KINDS OF ARSON: 1. Arson (Sec. 1, PD No. 1613) 2. Destructive arson (Art. 320, as amended by RA No. 7659) 3. Other cases of arson (Sec. 3, PD No. 1613) ARSON when any person burns or sets fire to the property of another, or his own property under circumstance which expose to danger the life or property of another. DESTRUCTIVE ARSON Burning of: 1. One (1) or more buildings or edifices, consequent to one single act of burning, or as a result of simultaneous burnings, committed on several or different occasions. 2. Any building of public or private ownership, devoted to the public in general or where people usually gather or congregate for a definite purpose such as, but not limited to, official governmental function or business, private transaction, commerce trade workshop, meetings and conferences, or merely incidental to a definite purpose such as but not limited to hotels, motels, transient dwellings, public conveyances or stops or terminals, regardless of whether the offender had knowledge that there are persons in said building or edifice at the time it is set on fire and regardless also of whether the building is actually inhabited or not. 3. Any train or locomotive, ship or vessel, airship or airplane, devoted to transportation or conveyance, or for public use, entertainment or leisure.

There is no complex crime of arson with homicide. The crime of homicide is absorbed.

Chapter Nine: Malicious Mischief (Arts. 327-331) ART. 327 MALICIOUS MISCHIEF ELEMENTS: 1. That the offender deliberately caused damage to the property of another 2. That such act does not constitute arson or other crimes involving destruction 3. That the act of damaging anothers property be committed merely for the sake of damaging it.

PERSONS LIABLE: 1. Any person who shall destroy or damage statues or any other useful or ornamental public monuments 2. Any person who shall destroy or damage any useful or ornamental painting of a public nature

Chapter Ten: Exemption from Criminal Liability in Crimes Against Property (Arts. 332) ART.332 PERSON EXEMPT FROM CRIMINAL LIABILITY CRIMES INVOLVED IN THE EXEMPTION: 1. Theft 2. Swindling 3. Malicious mischief PERSONS EXEMPTED: 1. Spouses, ascendants and descendants, or relatives by affinity on the same line. 2. The widowed spouse with respect to the property which belonged to the deceased spouse before the same shall have passed to the possession of another. 3. Brothers and sisters and brothers in law and sisters in law, if living together. Stepfather, adopted father, natural children, concubine, paramour included as ascendants by affinity Also applies to common-law spouses.

ART. 328 SPECIAL CASES OF MALICIOUS MISCHIEF (QUALIFIED)

1. Causing damage to or obstructing the performance of public functions. 2. Using poisonous or corrosive substances 3. Spreading any infection or contagion among cattle. 4. Causing damage to the property of the National Museum or National Library, or to any archive or registry, waterworks, road, promenade, or any other thing used in common by the public.

ART. 329 OTHER MISCHIEFS

Mischief not included in the next preceding article. ART. 330 DAMAGE AND OBSTRUCTION TO MEANS OF COMMUNICATION. PERSON LIABLE: Any person who shall damage any railway, telegraph or telephone lines. QUALIFYING CIRCUMSTANCE: Damage shall result in the derailment of cars, collision or other accident. Art. 330 does not apply when the telegraph or telephone do not pertain to railways ART. 331 - DESTROYING OR DAMAGING STATUES, PUBLIC MONUMENTS OR PAINTINGS

TITLE ELEVEN: CHASTITY

CRIMES

AGAINST

Crimes against chastity are also referred to as private crimes, or crimes which cannot be prosecuted de oficio, because of the requirement that the prosecution thereof be upon a sworn written complaint of the offended party or certain persons authorized by law.

The crimes against chastity which cannot be prosecuted de oficio are: 1. Adultery (Art. 333) 2. Concubinage (Art. 334) 3. Acts of lasciviousness with or without consent (Arts. 336, 339) 4. Seduction whether qualified or simple (Arts. 337, 338), and 5. Abduction which may be forcible or consented (Arts. 342, 343)

But corruption of minors (Art. 340) and white slave trade (Art. 341) can be prosecuted de oficio.

Chapter Two: Acts of Lasciviousness (Art. 336) (Art. 335 has been repealed by RA No. 8353 (Anti-Rape Law of 1997) effective Oct. 22, 1997. Provisions on Rape are found in Arts. 266-A to 266-D under Crimes Against Persons) ART. 336 ACTS OF LASCIVIOUSNESS

Chapter One: Adultery and Concubinage (Arts. 333-334) ART. 333 ADULTERY ELEMENTS: 1. That the woman is married 2. That she has sexual intercourse with a man not her husband 3. That as regards the man with whom she has sexual intercourse, he must know her to be married. Adultery is committed even if the marriage is subsequently declared void. Each occasion of sexual intercourse constitute a crime of adultery. A married man who does not know of the married status of the woman may be liable for concubinage.

ELEMENTS: 1. That the offender commits any act of lasciviousness or lewdness; 2. That the act of lasciviousness is committed against a person of either sex; 3. That it is done under any of the following circumstances: a) By using force or intimidation b) When the offended party is deprived of reason or otherwise unconscious c) By means of fraudulent machination or grave abuse of authority d) When the offended party is under 12 years of age or is demented. The crime is unjust vexation in the absence of any of the above-mentioned circumstances (circumstances of rape). ATTEMPTED RAPE
The acts performed by offender clearly indicate that his purpose was to lie with the offended woman, it is attempted or frustrated rape The lascivious acts are but the preparatory acts to the commission of rape

Requirements of pardon: 1. must come before the institution of the criminal prosecution 2. both offenders must be pardoned. ART. 334 CONCUBINAGE ELEMENTS: 1. That the man must be married 2. That he committed any of the ff. acts: a) Keeping a mistress in the conjugal dwelling. b) Having sexual intercourse under scandalous circumstances with a woman who is not his wife c) Cohabiting with her in any other place 3. As regards to the woman, she must know him to be married. Cohabitation is committed even if the man slept with the woman only once. Adultery is more severely punished than concubinage. REASON: Because adultery makes possible the introduction of another mans blood into the family so that the offended husband may have another mans son bearing his (husbands) name and receiving support from him.

ACTS OF LASCIVIOUSNESS
There is no intent to have sexual intercourse

The lascivious acts are the final objective sought by the offender

Manner of commission is the same The performance of lascivious character is common to both

What constitutes lewd or lascivious conduct must be determined from the circumstances of each case. The presence or absence of the lewd designs is inferred from the nature of the acts themselves and the environmental circumstances. Just like rape, there can be no frustrated acts of lasciviousness.

Chapter Three: Seduction, Corruption of Minors, and White Slave Trade (Arts. 337341)

 ART. 337 QUALIFIED SEDUCTION TWO CLASSES: 1. Seduction of a virgin over 12 years and under 18 years of age by persons who abuse their authority or the confidence reposed. 2. Seduction of a sister by her brother or descendant by her ascendant, regardless of her age and reputation. ELEMENTS: 1. That the offended party is a virgin; 2. She must be over 12 and under 18 years of age; 3. That the offender had sexual intercourse with her; 4. That there is abuse of authority, confidence or relationship on the part of the offender. VIRGIN refers to a woman of chaste character or a woman of good reputation. Virginity in this sense does not mean physical virginity. The following are the OFFENDERS: 1. Those who abused their authority a) Persons in public authority b) Guardian c) Teacher d) Person who, in any capacity, is entrusted with the education or custody of the woman seduced 2. Those who abused confidence reposed in them a) Priest b) House servant c) Domestic 3. Those who abused their relationship a) Brother who seduced his sister b) Ascendant who seduced his descendant A domestic is different from a house servant, it means any person living under the same roof as a member of the same household, and includes boarders or houseguests but not transients or visitors. ART. 338 SIMPLE SEDUCTION ELEMENTS: 1. That the offended party is over 12 and under 18 years of age; 2. That she must be of good reputation, single or widow; 3. That the offender has sexual intercourse with her; 4. That it is committed by means of deceit. There is an oversight in the law where the victim is exactly 12 years of age. If the victim is below 12, the crime will be rape, or unconsented acts of lasciviousness or forcible abduction. Hence Art. 339 stating over 12 years of age should be construed as twelve years of age and It is not required in simple seduction that the victim be a virgin. The gist of qualified seduction is the abuse of authority, confidence, or relationship as the means of committing the crime. In simple seduction, it is the use of deceit. But in both kinds of seduction, there must be sexual intercourse. ART. 339 ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE OFFENDED PARTY ELEMENTS: 1. That the offender commits acts of lasciviousness or lewdness; 2. That the acts are committed upon a woman who is a virgin or single or a widow of good reputation, under 18 years of age but over 12 years, or a sister or descendant regardless of her reputation or ag; 3. That the offender accomplishes the acts by abuse of authority, confidence, relationship or deceit.

Art. 336 and 339 compared ART. 336 ART. 339

The acts committed circumstances had there been knowledge, amount to rape are under which, carnal would The acts of lasciviousness are committed under the circumstances which, had there been carnal knowledge, would amount to either qualified seduction or simple seduction The lascivious acts are committed under circumstances which, had there been carnal knowledge, would constitute either qualified seduction or simple seduction The offended party should only be female

The acts are committed under the circumstances attendant in rape

The offended party is a female or a male

Both treat of acts of lasciviousness

over, thus construing the doubt in favor of the accused.

May have victims of either sex May not necessarily be for profit Committed by a single act

Limited only to females Generally for profit Generally habitually committed

ANTI-SEXUAL HARRASMENT ACT (R.A. No. 7877) PERSONS PENALIZED: Employer, employee, manager, supervisor, teacher, professor, instructor, coach, trainor, or any other person having authority, influence, or oral ascendancy over another in a work, education or training-related environment. PROHIBITED ACTS: Demanding, requesting, or otherwise requiring any sexual favor from the other, regardless of whether the demand, request, or requirement is accepted by the object of the act. ART. 340 CORRUPTION OF MINORS (AS AMENDED BY BP 92) PROHIBITED ACTS - to promote or facilitate the prostitution or corruption of persons under age to satisfy the lust of another. The victim must be of good reputation and not a prostitute or corrupted person.

Chapter Four: Abduction Arts. 342-343 ABDUCTION is meant the taking away of a woman from her house or the place where she may be for the purpose of carrying her to another place with intent to marry or corrupt her. TWO KINDS OF ABDUCTION: 1. Forcible abduction (Art. 342) 2. Consented abduction (Art. 343) ART. 342 - FORCIBLE ABDUCTION ELEMENTS: 1. That the person abducted is a woman; 2. That the abduction is against her will; 3. That the abduction is with lewd design. FORCIBLE ABDUCTION
With Lewd design There is no deprivation of liberty

GRAVE COERCION/ KIDNAPPING

No lewd design There is deprivation of liberty

SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE ACT (R.A. 7610) Child prostitution and attempt to commit child prostitution are punished under this Act. Sec. 5. Child Prostitution and other Sexual Abuse Children whether male or female, who for money, profit or other consideration or due to the coercion or influence of any adult syndicate or group, indulge in sexual intercourse or lascivious conduct are deemed to be children exploited in prostitution and other sexual abuse. ART. 341 - WHITE SLAVE TRADE PROHIBITED ACTS: 1. Engaging in the business of prostitution; 2. Profiting by prostitution; 3. Enlisting the services of women for the purpose of prostitution. CORRUPTION OF MINORS
It is essential that victims are minors

Conviction of acts of lasciviousness is not a bar to conviction of forcible abduction Attempted Rape is absorbed by Forcible Abduction as the former constitutes the element of lewd design. Crime is Forcible Abduction if the victim is under 12 years of age even if she voluntarily goes with her abductor; If girl is under 12 ALWAYS FORCIBLE ABDUCTION. ART. 343- CONSENTED ABDUCTION

WHITE SLAVE TRADE

Minority need not be involved

ELEMENTS: 1. That the offended party must be a virgin; 2. That she must be over 12 and under 18 years if age; 3. That the taking away of the offended party must be with her consent, after solicitation or cajolery from the offender; 4. That the taking away of the offended party must be with lewd designs.

CRIMES AGAINST CHASTITY WHERE AGE AND REPUTATION OF THE VICTIM ARE IMMATERIAL: 1. Acts of lasciviousness against the will of the offended party or against a sister or descendant 2. Qualified Seduction of sister or descendant 3. Forcible Abduction

offender showing that there was no repentance will not bar the prosecution of the offense. Pardon by the offended party who is a minor must have the concurrence of parents except when the offended party has no parents. Marriage of the offender with the offended party in seduction, abduction and acts of lasciviousness extinguishes criminal action or remits the penalty already imposed, and it benefits the co-principals, accomplices and accessories. In rape, it extends only as to the principal. ART. 345 CIVIL LIABILITY OF PERSONS GUILTY OF CRIMES AGAINST CHASTITY. PERSONS WHO ARE GUILTY OF RAPE, SEDUCTION, OR ABDUCTION SHALL ALSO BE SENTENCED: 1. To indemnify the offended woman; 2. To acknowledge the offspring, EXCEPT: a) in adultery and concubinage since only a natural child may be acknowledged b) where either the offended party or the accused is married c) when paternity cannot be determined as in multiple rape d) other instances where the law should prevent the offender from doing so; 3. In every case to support the offspring. ART. 346 LIABILITY OF ASCENDANTS, GUARDIANS, TEACHERS, OR OTHER PERSONS ENTRUSTED WITH THE CUSTODY OF THE OFFNEDED PARTY Persons who act as accomplices in crimes against chastity (EXCEPT adultery and concubinage where there can be no accomplices or accessories), shall be punished as principals. In addition, teachers or persons entrusted with education and guidance of the youth are penalized with disqualification.

Chapter Five: Provisions Relating to the Preceding Chapters of Title Eleven (Arts. 344-346) ART. 344- PROSECUTION OF THE CRIMES OF ADULTERY, CONCUBINAGE, SEDUCTION, ABDUCTION, RAPE AND ACTS OF LASCIVIOUSNESS 1. Adultery and concubinage must be prosecuted upon the complaint signed by the offended spouse. 2. Seduction, abduction and acts of lasciviousness must be prosecuted upon the complaint signed by: a) Offended party i. even if a minor ii. if of legal age and not incapacitated, only she can file complaint iii. If a minor or incapacitated and refuses to file either of the next succeeding persons may file: b) Either of the parents c) Either of the grandparents whether paternal or maternal side d) Legal or judicial guardians e) The State, as parens patriae when the offended party dies or becomes incapacitated before she could file the complaint and she has no known parents, grandparents or guardians. Pardon in adultery and concubinage may be express or implied; whereas express pardon of the offender is required to bar prosecution for seduction, abduction, or acts of lasciviousness. Condonation is not pardon in concubinage or adultery any subsequent act of the Furthermore, all those falling within the terms of this article shall be punished with special disqualification from the office of guardian.

TITLE TWELVE: CRIMES AGAINST THE CIVIL STATUS OF PERSONS Chapter One: Simulation of Births and Usurpation of Civil Status (Arts. 347-348)

 ART. 347 SIMULATION OF BIRTHS, SUBSTITUTION OF ONE CHILD FOR ANOTHER, CONCEALMENT OR ABANDONMENT OF A LEGITIMATE CHILD ACTS PUNISHED: 1. Simulation of births 2. Substitution of one child for another 3. Concealing or abandoning any legitimate child with intent to cause such child to lose its civil status Object of the crime under ART. 347 is the creation of false or the causing of the loss of civil status.

A person convicted of bigamy may still be prosecuted for concubinage. The second spouse who knew of the first marriage is an accomplice, as well as the person who vouched for the capacity of either of the contracting parties.

ART. 350 MARRIAGE CONTRACTED AGAINST PROVISIONS OF LAWS (Illegal Marriage) ELEMENTS: 1. That the offender contracted marriage 2. That he knew at the time that a) The requirements of the law were not complied with; or b) The marriage was in disregard of a legal impediment. The offender must not be guilty of bigamy.

Art. 276 distinguished from Art. 347 ART. 276 ART. 347
Crime against security. The offender must be the one who has the custody of the child. The purpose of the offender is to avoid the obligation of rearing and caring for the child. Crime against the civil status of a person. The offender is any person. The purpose is to cause the child to lose its civil status.

QUALIFYING CIRCUMSTANCE: if either of the contracting parties obtains the consent of the other by means of violence, intimidation or fraud. ART. 351 PREMATURE MARRIAGES PERSONS LIABLE: 1. A widow who married within 301 days from the date of the death of her husband, or before having delivered if she is pregnant at the time of his death. 2. A woman whose marriage having been annulled or dissolved, married before delivery or before expiration of the period of 301 days after the date of legal separation. Period may be disregarded if the first husband was impotent or sterile or if the woman was pregnant before the death of the first husband and gave birth within the said period.

ART. 348 USURPATION OF CIVIL STATUS Usurping the civil status of another is committed by assuming the filiation, or the parental or conjugal rights of another with intent to enjoy the rights arising from the civil status of the latter. Crime is qualified if the purpose is to defraud offended parties and heirs.

Chapter Two: Illegal Marriages (Arts. 349352) ART. 349 BIGAMY ELEMENTS: 1. That the offender is legally married 2. That the marriage has not been dissolved or, in case the spouse is absent the absent spouse could not yet be presumed dead according to the Civil Code. 3. That he contracts a second marriage or subsequent marriage 4. That the second or subsequent marriage has all the essential requisites for validity.

ART. 352 PERFORMANCE OF ILLEGAL MARRIAGES Priests, or ministers of any religious denomination or sect, or civil authorities who shall perform or authorize any legal marriage ceremony shall be punished under the Marriage Law.

TITLE THIRTEEN: HONOR

CRIMES

AGAINST

Chapter One: Libel (Arts. 353-362) Section One Definitions, forms, and punishment of this crime ART. 353 LIBEL ELEMENTS: 1. That, there must be an imputation of a crime, or a vice or defect, real or imaginary, or any act, omission, condition, status or circumstance; 2. That the imputation must be made publicly; 3. That it must be malicious; 4. That the imputation must be directed at a natural person or a juridical person, or one who is dead; 5. That the imputation must tend to cause the dishonor, discredit, or contempt of the person defamed. TEST OF DEFAMATORY IMPUTATION: It is what the article conveyed to a fair and reasonable man that should be considered, not the intent of the writer. IMPUTATION MAY COVER: 1. Crime allegedly committed by the offended party; 2. Vice or defect, real or imaginary, of the offended party; 3. Any act, omission, condition, status of, or circumstances relating to the offended party. 2 TYPES OF MALICE: 1. Malice in fact shown by proof of ill-will, hatred, or purpose to injure; also known as EXPRESS MALICE. 2. Malice in law presumed to be malicious from the defamatory imputation even if it is true; proof is not required because it is presumed to exist from the defamatory imputation. When the communication is PRIVILEGED, malice is not presumed from the defamatory words.

GUIDELINES WHEN SEVERAL PERSONS ARE DEFAMED: a) If the defamation is made on different occasions or by independent acts, there are as many crimes of libel as there are persons directly addressed with such statements or directly referred to. b) If the defamation is made on a single occasion: i. Where the same was directed at a class or group of numerous persons in general terms only without any particular person being directly addressed, there is no victim identified or identifiable, hence no actionable libel. ii. If the statement is so sweeping or all embracing as to apply to every individual in that group or class so that each individual therein can prove that the defamatory statement specifically pointed to him, he can bring his action separately. iii. If several identifiable victims are libeled in a single article, there are as many crimes of libel as there are persons defamed. ART. 354 REQUIREMENT FOR PUBLICITY The PRESUMPTION is rebutted if it is shown by the accused that a) The defamatory imputation is true, in case the law allows proof of the truth of the imputation (see Art. 361) b) It is published with good intention c) There is justifiable motive for making it MALICE is not presumed in the following cases involving qualifiedly privileged communication: a) Private communication made by any person to another in the performance of any legal, moral or social duty. b) A fair and true report of any judicial, legislative, or other proceedings which are not of confidential nature or of any statement, report, or speech delivered in said proceedings, or of any other act performed by public officers in the exercise of their functions. Specifically recognized in the Constitution as absolutely privileged are statements made in official proceedings of Congress by members thereof, as an implementation of their parliamentary immunity.

Therefore, qualified privileged communications must be made with malice and bad faith in order to be actionable. An absolutely privileged communication is not actionable even if made in bad faith.

Statements made in judicial proceedings are privileged but only if pertinent or relevant to the case involved.

ART. 356 THREATENING TO PUBLISH AND OFFER TO PREVENT SUCH PUBLICATION FOR A COMPENSATION ACTS PUNISHED: 1. Threatening another to publish a libel concerning him, or his parents, spouse, child or other members of the family. 2. Offering to prevent the publication of such libel for compensation or money consideration This is also known as blackmail. Art. 283 regarding light threats is another form of blackmail. It is essential that the threat to publish, or to offer to prevent the publication of libel must be for a compensation or money consideration, in order it may be penalized under this article.

THE ANTI-WIRE TAPPING ACT (R.A. No. 4200) Unlawful acts by any person or participant, not authorized by all the parties to any private communication or spoken word: 1. To tap any wire or cable 2. To use any other device or arrangement to secretly overhear, intercept or record such communication by using a device known as dictaphone, dictagraph, detectaphone, walkie-talkie or tape-recorder. 3. To knowingly possess any tape/wire or disc record, or copies of any communication or spoken word 4. To replay the same for any person or persons 5. To communicate the contents thereof, verbally or in writing 6. To furnish transcriptions thereof, whether complete or partial EXCEPTION: When a peace officer authorized by written order from the court. is

ART. 357 PROHIBITED PUBLICATION OF ACTS REFERRED TO IN THE COURSE OF OFFICIAL PROCEEDINGS
ELEMENTS: 1. That the offender is a reporter, editor or manager of a newspaper, daily or magazine 2. He publishes facts connected with the private life of another 3. Such facts are offensive to the honor, virtue and reputation of said person This article is referred to as the Gag Law because while a report of an official proceeding is allowed, it gags those who would publish therein facts which this article prohibits, and punishes any violation thereof. The Gag Law bars from publication of cases relating to adultery, divorce, legitimacy of children, etc.

Any recording, communication or spoken word obtained in violation of the provisions of this Act INADMISSIBLE IN EVIDENCE IN ANY JUDICIAL, QUASIJUDICIAL OR ADMINISTRATIVE HEARING OR INVESTIGATION. ART. 355 LIBEL BY MEANS OF WRITINGS OR SIMILAR MEANS

Committed by means of: 1. Writing 2. Printing 3. Lithography 4. Engraving or theatrical exhibition 5. Radio 6. Phonograph 7. Painting 8. Cinematographic 9. Or any similar means Defamation through amplifier system is slander not libel. If defamatory remarks are made in the heat of passion which culminated in a threat, the derogatory statements will not constitute an independent crime of libel but a part of the more serious crime of threats.

Under Republic Act No. 1477: A newspaper reporter cannot be compelled to reveal the source of the news report he made, unless the court or a House or committee of Congress finds that such revelation is demanded by the security of the state. ART. 358 SLANDER (oral defamation) KINDS: 1. Simple slander

2. Grave slander, when it is of a serious and insulting nature ART. 361 - PROOF OF TRUTH Factors that determine the gravity of the oral defamation: a) expressions used b) personal relations of the accused and the offended party. c) circumstances surrounding the case. d) social standing and position of the offended party. The slander need not be heard by the offended party WHEN PROOF OF THE TRUTH IS ADMISSIBLE IN A CHARGE FOR LIBEL: 1. When the act or omission imputed constitutes a crime regardless of whether the offended party is a private individual or a public officer. 2. When the offended party is a Government employee, even if the imputation does not constitute a crime, provided it is related to the discharge of his official duties. Defense in Defamation: 1. It appears that the matters charged as libelous is true; 2. It was published with good motives; AND 3. for a justifiable end. ART. 362 LIBELOUS REMARKS Libelous remarks or comments connected with the matter privileged under the provisions of Art. 354, if made with malice, shall not exempt the author thereof nor the editor or managing editor of a newspaper from criminal liability.

ART. 359 - SLANDER BY DEED SLANDER BY DEED is a crime committed by performing any act which casts dishonor, discredit or contempt upon another person. ELEMENTS: 1. That the offender performs any act not included in any other crime against honor; 2. That such act is performed in the presence of other persons; 3. That such act cast dishonor, discredit, or contempt upon the offended party. Common Element of Slander by deed and Unjust Vexation: Irritation or Annoyance; Without any other concurring factor, it is only Unjust Vexation; if the purpose is to shame or humiliate, Slander by deed.

Chapter Two: Incriminatory Machinations (Art. 363-364) ART. 363 INCRIMINATING INNOCENT PERSONS ELEMENTS: 1. That the offender performs an act; 2. That by such act he directly incriminates or imputes to an innocent person the commission of a crime; 3. That such act does not constitute perjury. INCRIMINATING INNOCENT PERSONS
Limited to the act of planting evidence and the like in order to incriminate an innocent person

Section Two General Provisions ART. 360 - PERSONS RESPONSIBLE FOR LIBEL 1. The person who publishes exhibits or causes the publication or exhibition of any defamation in writing or similar means. 2. The author or editor of a book or pamphlet. 3. The editor or business manager of a daily newspaper magazine or serial publication. 4. The owner of the printing plant which publishes a libelous article with his consent and all other persons who in any way participate in or have connection with its publication. INCRIMINATING INNOCENT PERSONS

PERJURY BY MAKING FALSE ACCUSATIONS

Giving of false statement under oath or making a false affidavit, imputing to the person the commission of a crime Imputation is public and malicious calculated to cause dishonor, discredit, or contempt upon the offended party.

DEFAMATION

Offender does not avail himself of written or spoken word in besmirching the victims reputation

 ART. 364. INTRIGUING AGAINST HONOR Committed by any person who shall make any intrigue which has for its principal purpose to blemish the honor or reputation of another.

The defense of contributory negligence does not apply in criminal cases through reckless imprudence since one cannot allege negligence of another to evade the effects of ones own negligence.

TITLE FOURTEEN: QUASI-OFFENSES Sole Chapter: Criminal Negligence (Art. 365) ART. 365 IMPRUDENCE AND NEGLIGENCE Reckless Imprudence consists in voluntarily but without malice, doing or failing to do an act from which material damage results by reason of inexcusable lack of precaution on the part of the person performing or failing to perform such act, taking into consideration his employment or occupation, degree of intelligence, physical condition and other circumstances regarding persons, time and place. ELEMENTS (RECKLESS IMPRUDENCE): 1. That the offender does or fails to do an act. 2. That the doing of or the failure to do that act is voluntary. 3. That it be without malice. 4. That material damage results. 5. That there is inexcusable lack of precaution on the part of the person performing or failing to perform such act taking into consideration a) Employment or occupation. b) Degree of intelligence, physical condition. and c) Other circumstances regarding persons, time and place. Simple Imprudence - consists in the lack of precaution displayed in those cases in which the damage impending to be caused is not immediate nor the danger clearly manifest. ELEMENTS (SIMPLE IMPRUDENCE): 1. That there is lack of precaution on the part of the offender. 2. That the damage impending to be caused is not immediate nor the danger clearly manifest. Art 64 relative to mitigating and aggravating circumstances is not applicable to crimes committed through negligence.

THE PENALTIES PROVIDED FOR IN ARTICLE 365 ARE NOT APPLICABLE WHEN: a) the penalty provided for the offense is equal to or lower than those provided in the first two paragraphs of Art 365 b) by imprudence or negligence, and with violation of the Automobile Law, the death of a person shall be caused QUALIFYING CIRCUMSTANCE: Failing to lend help. It raises the penalty one degree higher. EXCEPT: Sec. 55 of RA 4136, the driver can leave his vehicle without aiding the victims if: 1. he is in imminent danger of being harmed, 2. he wants to report to the nearest officer of the law, or

3. he desires to summon a physician or a nurse for medical assistance to the injured.