ATENEO CENTRAL BAR OPERATIONS 2007 Criminal Law SUMMER REVIEWER

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

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

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

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

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

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

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

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

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

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

INTENT v. MOTIVE Intent

Motive

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

12. Par.It affects the person who received the price / reward as well as the person who gave it. 2002) Premeditation is absorbed by reward or promise. When the victim is different from that intended. A sufficient lapse of time between the determination and execution. stranding this picture. 13. (PEOPLE vs. etc. The price. 2. It must be shown that the offender had sufficient time to reflect upon the consequences of his act but still persisted in his determination to commit the crime.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 done so. 12 “by means of inundation. hence this aggravating circumstance cannot apply to a quasi-recidivist. it must be shown that there was a period sufficient to afford full opportunity for meditation and reflection. the liability of the accused should be aggravated by recidivism which can easily be proven. The crime is committed on the occasion of a calamity or misfortune. if the Page 19 of 174 . That the act be committed with evident premeditation Requisites: The prosecution must prove – 1. and 3. Requisites: 1. That the crime be committed in consideration of price. it should not be taken into consideration for the purpose of increasing the penalty. August 8. any of these aggravating circumstances shall be considered as generic aggravating circumstance only When used as a means to kill another person. An act manifestly indicating that the culprit has clung to his determination. 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. a time adequate to allow the conscience to overcome the resolution of the will. 11. Par. reward. et. etc. reward or promise need not consist of or refer to material things or that the same were actually delivered. the crime is qualified to murder. The time when the offender determined to commit the crime. shipwreck. 7 “on the occasion of a conflagration. decompressor (Uncompressed) inundation. of a vessel or intentional damage thereto. To establish evident premeditation. The inducement must be the primary consideration for the commission of the crime. al.. as well as outward acts showing the intent to kill.are needed to seeexplosion. GR No. Essence of premeditation: The execution of the criminal act must be preceded by cool thought and reflection upon the resolution to carry out the criminal intent during the space of time sufficient to arrive at a calm judgment. PAR. If the same set of facts constitutes recidivism and reiteracion. to allow him to reflect upon the consequences of his act and to allow his conscience to overcome the resolution of his will. There are at least 2 principals: • The principal by inducement (one who offers) • The principal by direct participation (accepts) 2. or promise should be previous to and in consideration of the commission of the criminal act NOTE: The circumstance is applicable to both principals . PAR. 140871. reward or promise. fire. or by use of any artifice involving great waste and ruin The circumstances under this paragraph will only be considered as aggravating if and when they are used by the offender as a means to accomplish a criminal purpose When another aggravating circumstance already qualifies the crime. However. fire. derailment of a locomotive. The price. That the crime be committed by means of QuickTime™ and a TIFF poison. 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. Par. SILVA. premeditation is not aggravating.” The crime is committed by means of any such acts involving great waste or ruin. quasi-recidivism cannot at the same time constitute reiteracion.

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

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

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

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

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

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

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

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

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

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

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

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

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

coup d’ etat or rebellion. 1 – Principals by direct participation Requisites: 1.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ART. Ex: One serving as guard pursuant to the conspiracy is a principal by direct participation CONSPIRACY – there is unity of purpose and intention.PRINCIPALS THREE TYPES OF PRINCIPALS: 1. Principal by DIRECT PARTICIPATION (par. That such inducement be the determining cause of the commission of the crime by the material executor.2) 3. Spontaneous agreement at the moment of the commission of the crime 2. although he was not present in the scene of the crime.17. NOTES: Conspirator is not liable for the crimes of the others which are not the object of the conspiracy nor are logical or necessary consequences thereof Regarding multiple rape – each rapist is liable for another’s crime because each cooperated in the commission of the rapes perpetrated by the others EXCEPTION: in the crime of murder w/ treachery – all the offenders must at least know that there will be treachery in executing the crime or cooperate therein. Active cooperation by all the offenders in the perpetration of the crime 3. That the inducement be made directly with the intention of procuring the commission of the crime. 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. Conspiracy is negated by the acquittal of codefendant. That they carried out their plan and personally took part in its execution by acts which directly tended to the same end. But there can be a principal by direct participation without a Page 26 of 174 . Under conspiracy. Contribution by positive acts to the realization of a common criminal intent 4.3) • Par.1) 2. special laws may make one a co-principal. sedition. Thus. personally taking part in its execution. How conspiracy is established: a QuickTime™ and decompressor • It is proven by TIFF (Uncompressed) this picture. it is nevertheless a rule that conspiracy must be established by positive and conclusive evidence. Par. No such thing as conspiracy to commit an offense through negligence. 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. those who did not participate in the commission of the acts of execution cannot be held criminally liable. reasonable overt acttoand beyond are needed see doubt • Mere knowledge or approval is insufficient • It is not necessary that there be formal agreement • Conspiracy is implied when the accused had a common purpose and were united in execution. Principal by INDUCTION (par. That they participated in the criminal resolution. he is equally liable as a principal by direct participation. unless the crime agreed to be committed is treason. • Unity of purpose and intention in the commission of the crime may be shown in the following cases: 1. While conspiracy may be implied from the circumstances attending the commission of the crime. Principal by INDISPENSABLE COOPERATION (par. there can be no principal by inducement (or by indispensable cooperation) unless there is a principal by direct participation. NOTE: If the second element is missing. Presence during the commission of the crime by a band and lending moral support thereto. and 2. and (conspiracy) 2. However. 2 – Principals by induction Requisites: 1.

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

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

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

Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 PRINCIPAL Takes direct part or cooperates in. Mere possession of anything of value which has been the subject of robbery or theft shall be prima facie evidence of fencing. Must be productive of suffering. possessing. 20 do not apply to PD 1829. descendant. of buying. impedes. 19 is exempt by reason of relationship to the principal. DECREE 1612 NOTES: Nephew and Niece not included Public officer contemplated in par. keeping. spouse. Accessory Is Not Exempt From Criminal Liability Even If The Principal Is Related To Him. P.ACCESSORIES WHO ARE EXEMPT FROM CRIMINAL LIABILITY BASIS: QuickTime™ and a TIFF (Uncompressed) decompressor The exemption provided for in this article is based on are needed to see this picture. natural or adopted brother. assisted the offender to profit by the effects of the crime. or PENALTY – suffering inflicted by the State for the transgression of a law. ANTI-FENCING LAW OF 1979 PRES. frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal cases. 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. A fence who receives stolen property as aboveprovided is not an accessory but a principal in the crime defined in and punished by the Anti-Fencing Law. with intent to gain. or induces the commission of the crime cooperates in the commission of the offense by acts either prior thereto or simultaneous therewith Participates during commission of the crime ACCESSORY Does NOT take direct part or cooperates in. or 2. even if such public officer acted with abuse of his official functions. without however affecting the integrity of the human personality. 3 of Art. sister or relative by affinity within the same degree. or 4. the ties of blood and the preservation of the cleanliness of one’s name. or induces the commission of the crime does not take part in the commission of the offense Participation of the accessory in all cases always SUBSEQUENT to the commission of the crime 3. AN ACCESSORY IS EXEMPT FROM CRIMINAL LIABLITY WHEN THE PRINCIPAL IS HIS : 1. selling. receiving. If Such Accessory – 1. FENCE– is a person who commits the act of fencing. 1829 penalizes the act of any person who knowingly or willfully obstructs. REASON: Ties of blood or relationship constitutes a more powerful incentive than the call of duty. Different Juridical Conditions Of Penalty: 1. TITLE THREE PENALTIES Chapter One : PENALTIES IN GENERAL ART. or 2.20. REASON: Because such acts are prompted not by affection but by a detestable greed. Page 30 of 174 . legitimate. Must be commensurate with the offense – different crimes must be punished with different penalties. 2.D. The benefits of the exception in Art. FENCING– is an act. profited by the effects of the crime. ascendant. which compels one to conceal crimes committed by relatives so near as those mentioned in this article.

A person who. Prevention – to prevent or suppress the danger to the State arising from the criminal act of the offender. Macasaet 11Phil. Must be correctional. 7. 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. The sentence is being carried out HABITUAL DELINQUENT .RETROACTIVE EFFECT OF PENAL LAWS NOTE: According to Reyes. Aggravates a crime. Social defense are needed to see this its inflexible severity – shown by picture. 21 simply announces the policy of the state as regards punishment of crimes) . Page 31 of 174 Theories Justifying Penalty: 1. or falsification.PENALTIES THAT MAY BE IMPOSED RULE: A felony shall be punishable only by the penalty prescribed by law at the time of its commission. Retribution or expiation – the penalty is commensurate with the gravity of the offense. when committed. a vindication of absolute right and moral law violated by the criminal. (Art. and moral principles to be vindicated. ART. cannot be made so by statute without violating the constitutional inhibition as to ex post facto laws. Three-Fold Purpose Of Penalty Under The Code: 1. The basis of the right to punish violations of penal law is the police power of the State. EXCEPTION: When retrospective application will be favorable to the person guilty of a felony. It is a guaranty to the citizens of this country that no act will be considered criminal until the Government has made it so by law and has provided a penalty. Makes criminal an act done before the passage of the law and which was innocent when done. 62(5). to recidivists and habitual delinquents. is found guilty of any said crimes a third time or oftener. Purpose Of The State In Punishing Crimes The State has an existence of its own to maintain.21. 4. 5. REASON: Because a law cannot be rationally obeyed unless it is first shown. 5. 3.22. or makes it greater than it was. The new or amendatory law does NOT provide against its retrospective application. 2. 4. 2. Subsidiary penalty for a crime cannot be imposed. estafa. 22 is NOT applicable to the provisions of the RPC. theft. Reformation – the object of punishment in criminal cases is to correct and reform the offender. Exemplarity – the criminal is punished to serve as an example to deter others from committing crimes. An ex post facto law is one which: 1. if it was “not prescribed by law prior to its commission” (US vs. Must be equal for all.An act which when committed was not a crime. robbery. The offender is NOT a habitual criminal (delinquent) under Art. The sentence has been passed but service has not begun 3. and rests primarily on the moral rightfulness of the punishment inflicted (to secure justice).447) ART.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 3. Penal justice must therefore be exercised by the State in the service and satisfaction of a duty. Correction or reformation – shown by the rules which regulate the execution of the penalties QuickTime™ and a consisting in deprivation of decompressor liberty. 2. Must be certain – no one may escape its effects. and a man cannot be expected to obey an order that has not been given. Must be personal – no one should be punished for the crime of another. The favorable retroactive effect of a new law may find the defendant in one of the 3 situations: 1. GENERAL RULE: Penal laws are applied prospectively. Must be legal – it is the consequence of a judgment according to law. a conscience to assert. Art. The crime has been committed and the prosecution begins 2. Its application to the RPC can only be invoked where some former or subsequent law is under consideration. Provided that: 1. EX POST FACTO LAW . Self-defense – so as to protect society from the threat and wrong inflicted by the criminal. Justice – that crime must be punished by the State as an act of retributive justice. TIFF (Uncompressed) 3. 2. 6.

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

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

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

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

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

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

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

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

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

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

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

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

Affli ctive – over 600 0; Corr ecti

onal – 201 to 6000; Light – 200 and less

Chapter Three DURATION AND EFFECTS OF PENALTIES

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

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

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

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

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

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

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

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

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

as the offender does not perform a single act but a series of acts. 49 also has no application where a more serious consequence not intended by the offender befalls the same person. 48. Transitory crime is “moving crime”. There is only one crime because the different and successive appropriations are but the different moments during w/c one criminal resolution arises. pars.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 ART 49 Lesser penalty to be imposed in its maximum period ART 48 Penalty for the more serious crime shall be imposed in its maximum period PLURALITY OF CRIMES No conviction of the crimes committed RECIDIVISM There must be conviction by final judgment of the first prior offense CONTINUED CRIME – refers to a single crime consisting of a series of acts but all arising from one criminal resolution. there is only one crime committed. Juan steals 2 books belonging to 2 different persons. 3. NOTE: A continued crime is not a complex crime. 3 the penalty for the attempted or frustrated crime shall be imposed in its maximum period.4 which provides that criminal liability shall be incurred “by any person committing a felony although the wrongful act done be different from that which he intended. Therefore: a. 49: PENALTY TO BE IMPOSED UPON THE PRINCIPALS WHEN THE CRIME COMMITTED IS DIFFERENT FROM THAT INTENDED Page 43 of 174 . A collector of a commercial firm misappropriates for his personal use several amounts collected by him from different persons. so only one penalty shall be imposed. NOTE: A continued (continuous or continuing) crime is different from a transitory crime. 1 and 2. If the act committed also constitutes an attempt or frustration of another crime. Although there is a series of acts. b. in view of the fact that the same act also constitutes an attempt or a frustration of another crime. no actual provision punishing continued crime – It is a principle applied in connection with 2 or more crimes committed with a single intention. In Par. If the penalty for the felony committed be lower than the penalty for the offense which the accused intended to commit. penalty not to be imposed in the maximum b. Art. If the penalty for the felony committed be higher than the penalty for the offense which the accused intended to commit. 49 is applicable only in cases when there is a mistake in identity of the victim of the crime (error in personae) and the penalty for the crime committed is different from that for the crime intended to be committed. 2. the penalty for the attempted or frustrated crime shall be imposed in its maximum period. the lower penalty shall be imposed in its maximum period. 49. the lower penalty shall be imposed in its maximum period. and the law prescribes a higher penalty for either of the latter. NOTES: Art. a separate crime because needed toonly one crime because each act is generated by a all of the acts performed criminal impulse arise from one criminal resolution. In Art. ART. 49 has reference to the provision in the st 1 par of Art .” Art. This rule is not necessary and may well be covered by Art. the lower penalty in its maximum period is always imposed. He commits only one crime because there is unity of thought in the criminal purpose of the offender. RULES: 1. REAL/MATERIAL PLURALITY There is a series of acts performed by the offender CONTINUED CRIME Same Each act performed constitutes Different a constitute QuickTime™ and acts TIFF (Uncompressed) decompressor are see this picture. Ex of continued crimes: a.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

DIRECT ASSAULT (148)

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

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

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

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

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

ARTICLE 155. ALARMS AND SCANDALS

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

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

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

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

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

with intent to utter. if it is forged. imported or uttered such coins. OBLIGATIONS AND SECURITIES ACTS PUNISHABLE: 1. actually uttering. regardless if it is of intrinsic value. destruction of Central Bank notes and coins NOTES: • Mutilation is to take off part of the metal either by filing it or substituting it for another metal of inferior quality. MUTILATION OF COINS – IMPORTATION AND UTTERANCE OF MUTILATED COINS This has been repealed by PD 247. knowledge NOTES: • Possession or uttering does not require that coins be legal tender. • To utter is to pass counterfeited coins. tearing TIFF (Uncompressed) decompressor are needed to see this picture. OBLIGATIONS AND SECURITIES. FORGING TREASURY OR BANK NOTES. That. and 3. and coins withdrawn from circulation. possession 2. • R. Actually uttering such false or mutilated coin. ACTS PUNISHABLE: 1. MAKING AND IMPORTING AND UTTERING FALSE COINS ARTICLE 165. • This article also applies to Philippine coins. Possession of a coin. • There must be intention to mutilate ARTICLE 164. or if it is not authorized by the government as legal tender.A. Mutilation must be of Philippine legal tender. to diminish by ingenious means the metal in the coin. ELEMENTS: 1. and 3. Uttering of such false or forged obligations and notes in connivance with forgers and importers. • To import is to bring them into port. NOTES: • A coin is counterfeit. ACTS PUNISHABLE (PD 247): 1. knowing that it is false or mutilated. WITHOUT CONNIVANCE ELEMENTS: 1. This does not require that the coins counterfeited be legal tender. IMPORTING AND UTTERING FALSE OR FORGED NOTES. 2. ARTICLE 166. mutilation QuickTime™ and a 3. Page 86 of 174 . ELEMENTS: 1. Forging or falsification of treasury or bank notes or documents payable to bearer. That there be false or counterfeited coins (need not be legal tender). foreign state coins. in case of uttering such false or counterfeited coins. willful defacement 2. Importing of such notes.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 NOTE: Offender is NOT the forger or the cause of the counterfeiting ARTICLE 163. deliver or give away. SELLING OF FALSE OR MUTILATED COIN. with intent to utter the same. 2. 427 punishes possession of silver or nickel coins in excess of P50. knowledge 2. • Crime under this article includes constructive possession or the subjection of the thing to ones’ control. burning 5. or 3. That the offender either made. • Foreign notes and coins not included under this article. • Counterfeiting is the imitation of legal or genuine coin such as to deceive an ordinary person in believing it to be genuine. knowing the same to be false or mutilated. It is a measure of national policy to protect the people from the conspiracy of those hoarding silver or nickel coins and to preserve and maintain the economy. counterfeited or mutilated by another person. he connives with counterfeiters or importers. Importation is complete even before entry at the Customs House. and 2.00. 4.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

medium. but if inducement to win prize is reason for purchase/subscription/others then even if full value for money is received—still lottery(Administrative Code.000 Temporary absolute disqualification Prision correccional maximum or fine P500 to P2000 NOTES: Distribution of prizes by chance No lottery where there is full value of money(criminal case-Olsen). banker of gambling schemes. villages. conductor. buildings. Maintainer or conductor of above gambling schemes Prison mayor. with temporary absolute disqualification or fine of P6. other machinations P. umpire. enclosures and the like which have reputation of gambling place or where gambling activities are being held QuickTime™ and a Spectators are not liable: must directly or indirectly take part. promoter. postal law-El Debate) Proof that game took place or is about to take place is not necessary. private or house detective of hotels. government building or barangay hall 2. referee. The law’s purpose is to prohibit absolutely those games. watchman.Criminal Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 place. SALE AND POSSESSION OF LOTTERY TICKETS OR ADVERTISEMENTS (ALREADY REPEALED) TIFF (Uncompressed) decompressor are needed to see this picture. Prize/advantage/inequality in amount value which is in the nature of prize or Prision correccional medium or fine P400 to P2. jai-alai or horse racing bookies. paper or other matter containing letters. Any other games if with wager of money. point shaving and machination Any person who knowingly and without lawful purpose possess lottery list. but proof to the contrary is necessary when jueteng lists pertain to games played on other dates MAINTAINER – person who sets up and furnishes means to carry on gambling or scheme CONDUCTOR – person who manages or carries on gambling game or scheme ART. burden of evidence is shifted to accused to show that his possession is lawful or is not connected with jueteng game. A game or scheme is punishable even if winning depends upon skill as long as wagers (consisting of money. races and other sports contests Page 106 of 174 .D. The law does not make it an offense to be present in a gambling house. articles. judge or coach in case of game fixing. signs or symbols pertaining to or in any manner used in the games of jueteng. articles of value or representative of value) are at stake or made. NOTES: Playing for money is not a necessary element. 196: IMPORTATION. 483: BETTING. player. pointshaving. Chance 3. figures. Lottery: Requisites: 1.000 Government official maintainer. and similar games of lotteries and numbers which have taken place or about to take place Barangay official who with knowledge of gambling house/place in his jurisdiction fails to abate or take action Security officer.betting money or any object or article of value or representative of value upon the result of any game. GAME-FIXING OR POINT-SHAVING AND MACHINATIONS IN SPORT CONTESTS NOTES: BETTING . No. Consideration 2. or value are at stake or made Individual/team contests: game-fixing.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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