CRIMINAL LAW

I. Revised Penal Code / Special Laws, Presidential Decrees, and Executive Orders

Book 11
1. Fundamental Principles a. Definition of Criminal Law A branch of municipal law which defines crimes, treats of their nature and provides for their punishment. Difference between Mala in Se and Mala Prohibita2 Violations of the Revised Penal Code are referred to as malum in se, which literally means, that the act is inherently evil or bad or per se wrongful. On the other hand, violations of special laws are generally referred to as malum prohibitum. Not all violations of special laws are mala prohibita. While intentional felonies are always mala in se, it does not follow that prohibited acts done in violation of special laws are always mala prohibita. Even if the crime is punished under a special law, if the act punished is one which is inherently wrong, the same is malum in se, and, therefore, good faith and the lack of criminal intent is a valid defense; unless it is the product of criminal negligence or culpa. Likewise when the special laws requires that the punished act be committed knowingly and willfully, criminal intent is required to be proved before criminal liability may arise. When the act penalized is not inherently wrong, it is wrong only because a law punishes the same.

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Articles 1-99, RPC, excluding provisions on civil liability, including related Special Laws Test to determine if violation of special law is malum prohibitum or malum in se Analyze the violation: Is it wrong because there is a law prohibiting it or punishing it as such? If you remove the law, will the act still be wrong? If the wording of the law punishing the crime uses the word “willfully”, then malice must be proven. Where malice is a factor, good faith is a defense. In violation of special law, the act constituting the crime is a prohibited act. Therefore culpa is not a basis of liability, unless the special law punishes an omission. When given a problem, take note if the crime is a violation of the Revised Penal Code or a special law.

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b. Scope of Application and Characteristics of the Philippine Criminal Law (1) Generality3 - the law is binding to all persons who reside in the Philippines Exceptions to general application of criminal law: a) principles of public international law b) treaties or treaty stipulations c) laws of preferential application (2) Territoriality4- the law is binding to all crimes committed within the National Territory of the Philippines. Exceptions to Territorial Application: Instances enumerated under Article 25. (3) Prospectivity - the law does not have any retroactive effect. Exception to Prospective Application: When new statute6 is favorable to the accused who is not a habitual delinquent.

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Generality of criminal law means that the criminal law of the country governs all persons within the country regardless of their race, belief, sex, or creed. However, it is subject to certain exceptions brought about by international agreement. Ambassadors, chiefs of states and other diplomatic officials are immune from the application of penal laws when they are in the country where they are assigned. * Note that consuls are not diplomatic officers. This includes consul-general, vice-consul or any consul in a foreign country, who are therefore, not immune to the operation or application of the penal law of the country where they are assigned. Consuls are subject to the penal laws of the country where they are assigned. * It has no reference to territory. Whenever you are asked to explain this, it does not include territory. It refers to persons that may be governed by the penal law. 4 Terrestrial jurisdiction is the jurisdiction exercised over land. Fluvial jurisdiction is the jurisdiction exercised over maritime and interior waters. Aerial jurisdiction is the jurisdiction exercised over the atmosphere. 5 See reference. 6 Applicable to special laws which provide more favorable conditions to the accused.

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c. Constitutional limitations on the power of Congress to enact penal laws7 in the Bill of Rights (1) equal protection8 (2) due process9 (3) non-imposition of cruel and unusual punishment or excessive fines10 (4) bill of attainder11 (5) ex post facto law12 2. Felonies13 a. Classifications of Felonies (1) According to the manner of their commission Intentional felonies - those committed with deliberate intent; Culpable felonies - those resulting from negligence, reckless imprudence, lack of foresight or lack of skill14. (2) According to the stages of their execution Attempted felony - when the offender commences the commission of a felony directly by overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance; Frustrated felony - when the offender commences the commission of a felony as a consequence but which would produce the felony as a consequence but which nevertheless do not produce the felony by reason of causes independent of the perpetrator; and, Consummated felony when all the elements necessary for its execution are present.15
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Only the legislative branch of the government can enact penal laws. While the President may define and punish an act as a crime, such exercise of power is not executive but legislative as he derives such power from the law-making body. It is in essence, an exercise of legislative power by the Chief Executive. 8 No person shall be deprived of life, liberty or property without due process of law. (Art. III, Sec. 1, 1987 Constitution) 9 Nor shall any person be denied the equal protection of the laws. (ibid) 10 Act Prohibiting the Imposition of Death Penalty in the Philippines (R.A. 9346) 11 A legislative act which inflicts punishment without judicial trial. 12 One which makes an action done before the passage of the law and which was innocent when done criminal and punishes such action. 13 Acts or omissions punishable by the Revised Penal Code. 14 Art. 3, RPC. 15 Art. 6, ibid.

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(3)

According to their gravity Grave felonies - those to which attaches the capital punishment or penalties which in any of their periods are afflictive; Less grave felonies or those to which the law punishes with penalties which in their maximum period was correccional; and Light felonies or those infractions of law for the commission of which the penalty is arresto menor16. b. Elements of Criminal Liability i. act or omission ii. punishable by the Revised Penal Code iii. committed by either dolo or culpa c. Impossible Crime17 Requisites: i. Act would have been an offense against persons or property ii. Act is not an actual violation of another provision of the Code or of a special penal law iii. There was criminal intent iv. Accomplishment was inherently impossible; or inadequate or ineffectual means were employed. d. Stages of Execution18

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Art. 9, ibid. Notes: a. Offender must believe that he can consummate the intended crime, a man stabbing another who he knew was already dead cannot be liable for an impossible crime. b. The law intends to punish the criminal intent. c. There is no attempted or frustrated impossible crime. 18 see Classification of Felonies, a (2), supra. Does not apply in: 1. Offenses punishable by Special Penal Laws, unless the otherwise is provided for. 2. Formal crimes (e.g., slander, adultery, etc.) 3. Impossible Crimes 4. Crimes consummated by mere attempt. Examples: attempt to flee to an enemy country, treason, corruption of minors. 5. Felonies by omission 6. Crimes committed by mere agreement. Examples: betting in sports (endings in basketball), corruption of public officers.

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e. Conspiracy19 and Proposal Conspiracy - when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. Proposal - when the person who has decided to commit a felony proposes its execution to some other person or persons20. Conspiracy is punishable in the following cases: treason, rebellion or insurrection, sedition, coup d’ etat, arson21 and monopolies and combinations in restraint of trade22.
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Two kinds of conspiracy: (1) Conspiracy as a crime; and (2) Conspiracy as a manner of incurring criminal liability When conspiracy itself is a crime, no overt act is necessary to bring about the criminal liability. The mere conspiracy is the crime itself. This is only true when the law expressly punishes the mere conspiracy; otherwise, the conspiracy does not bring about the commission of the crime because conspiracy is not an overt act but a mere preparatory act. Treason, rebellion, sedition, and coup d’etat are the only crimes where the conspiracy and proposal to commit to them are punishable. When the conspiracy is only a basis of incurring criminal liability, there must be an overt act done before the co-conspirators become criminally liable. When the conspiracy itself is a crime, this cannot be inferred or deduced because there is no overt act. All that there is the agreement. On the other hand, if the co-conspirator or any of them would execute an overt act, the crime would no longer be the conspiracy but the overt act itself. If the conspiracy is only a basis of criminal liability, none of the co-conspirators would be liable, unless there is an overt act. So, for as long as anyone shall desist before an overt act in furtherance of the crime was committed, such a desistance would negate criminal liability. For as long as none of the conspirators has committed an overt act, there is no crime yet. But when one of them commits any overt act, all of them shall be held liable, unless 1)a co-conspirator was absent from the scene of the crime or 2)he showed up, but he tried to prevent the commission of the crime As a general rule, if there has been a conspiracy to commit a crime in a particular place, anyone who did not appear shall be presumed to have desisted. The exception to this is if such person who did not appear was the mastermind. Conspiracy as a crime, must have a clear and convincing evidence of its existence. Every crime must be proved beyond reasonable doubt. When the conspiracy is just a basis of incurring criminal liability, however, the same may be deduced or inferred from the acts of several offenders in carrying out the commission of the crime. The existence of a conspiracy may be reasonably inferred from the acts of the offenders when such acts disclose or show a common pursuit of the criminal objective. * Conspiracy is a matter of substance which must be alleged in the information, otherwise, the court will not consider the same. * A conspiracy is possible even when participants are not known to each other. * Proposal is true only up to the point where the party to whom the proposal was made has not yet accepted the proposal. Once the proposal was accepted, a conspiracy arises. Proposal is unilateral, one party makes a proposition to the other; conspiracy is bilateral, it requires two parties. * There is conspiracy when the offenders acted simultaneously pursuing a common criminal design; thus, acting out a common criminal intent. * Even though there was conspiracy, if a co-conspirator merely cooperated in the commission of the crime with insignificant or minimal acts, such that even without his cooperation, the crime could be carried out as well, such co-conspirator should be punished as an accomplice only. 20 only the person proposing or the proponent is criminally liable 21 PD 1613 22 Mere conspiracy in combination in restraint of trade (Art. 186), and brigandage (Art. 306).

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Conspiracy and Proposal to Commit a Crime CONSPIRACY PROPOSAL Elements Agreement among 2 or more A person has decided to commit a crime persons to commit a crime He proposes its commission to another They decide to commit it Crimes 1. Conspiracy to commit sedition 1. Proposal to commit treason 2. Conspiracy to commit rebellion 2. Proposal to commit rebellion or insurrection 3. Conspiracy to commit treason f. Multiple Offenders (differences, rules, effects) I. Recidivist – one who at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of the RPC23. Effect: Generic aggravating II. Reiteracion or habituality – one who has been punished for an offense to which the law attaches an equal or greater penalty24. Effect: It may be aggravating depending on the discretion of the court.

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It is important that the conviction which came earlier must refer to the crime committed earlier than the subsequent conviction. Basis: Greater perversity of the offender as shown by his inclination to commit crimes Requisites: a. offender is on trial for an offense b. he was previously convicted by final judgment23 of another crime c. that both the first and the second offenses are embraced in the same title of the RPC 23 (not special law) d. the offender is convicted of the new offense Recidivism must be taken into account no matter how many years have intervened between the first and second felonies To prove recidivism, it must be alleged in the information and with attached certified copies of the sentences rendered against the accused Exceptions: if the accused does not object and when he admits in his confession and on the witness stand 24 In reiteracion, the penalty attached to the crime subsequently committed should be higher or at least equal to the penalty that he has already served. If that is the situation, that means that the offender was never reformed by the fact that he already served the penalty imposed on him on the first conviction. However, if he commits a felony carrying a lighter penalty; subsequently, the law considers that somehow he has been reformed but if he, again commits another felony which carries a lighter penalty, then he becomes a repeater because that means he has not yet reformed. You will only consider the penalty in reiteracion if there is already a second conviction. When there is a third conviction, you disregard whatever penalty for the subsequent crimes committed. Even if the penalty for the subsequent crimes committed are lighter than the ones already served, since there are already two of them subsequently, the offender is already a repeater. However, if there is only a second conviction, pay attention to the penalty attached to the crime which was committed for the second crime. That is why it is said that reiteracion is not always aggravating. This is so because if the penalty attached to the felony subsequently committed is not equal or higher than the penalty already served, even if literally, the offender is a repeater, repetition is not aggravating.

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REITERACION25 Necessary that offender shall have served out his sentence for the first sentence Previous and subsequent offenses must not be embraced in the same title of the Code Not always an aggravating circumstance

RECIDIVISM Enough that final judgment has been rendered in the first offense Same title Always aggravating

Distinctions between recidivism and habitual delinquency In recidivism – (1) (2) (3) (4) (5) Two convictions are enough. The crimes are not specified; it is enough that they may be embraced under the same title of the Revised Penal Code. There is no time limit between the first conviction and the subsequent conviction. Recidivism is imprescriptible. It is a generic aggravating circumstance which can be offset by an ordinary mitigating circumstance. If not offset, it would only increase the penalty prescribed by law for the crime committed to its maximum period. The circumstance need not be alleged in the information. In habitual delinquency – (1) (2) (3) At least three convictions are required. The crimes are limited and specified to: (a) serious physical injuries, (b) less serious physical injuries, (c) robbery, (d) theft, (e) estafa or swindling and (f) falsification. There is a time limit of not more than 10 years between every convictions computed from the first conviction or release from punishment thereof to conviction computed from the second conviction or release therefrom to the third conviction and so on . . . Habitual delinquency is a special aggravating circumstance, hence it cannot be offset by any mitigating circumstance. Aside from the penalty prescribed by law for the crime committed, an additional penalty shall be imposed depending upon whether it is already the third conviction, the fourth, the fifth and so on . . . The circumstance must be alleged in the information; otherwise the court cannot acquire jurisdiction to impose additional penalty.

(4)

(5)

III. Habitual delinquency – when a person within a period of 10 years from the date of his release or last conviction of the crimes of serious or less serious physical injuries,
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Thus, if A has been convicted of Murder, and after grant of parole committed Homicide, he labors under this paragraph (10) known as reiteracion, but he is also suffering from recidivism (recidencia). In such a case, he will be considered only as recidivist, and par. 10 will no longer apply to him.

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robbery, theft, estafa or falsification is found guilty of any of said crimes a third time or oftener.26 Effects: (a) Upon a third conviction the culprit shall be sentenced to the penalty provided by law for the last crime of which he be found guilty and to the additional penalty of prision correccional in its medium and maximum periods; (b) Upon a fourth conviction, the culprit shall be sentenced to the penalty provided for the last crime of which he be found guilty and to the additional penalty of prision mayor in its minimum and medium periods; and (c) Upon a fifth or additional conviction, the culprit shall be sentenced to the penalty provided for the last crime of which he be found guilty and to the additional penalty of prision mayor in its maximum period to reclusion temporal in its minimum period. Notwithstanding the provisions of this article, the total of the two penalties to be imposed upon the offender, in conformity herewith, shall in no case exceed 30 years27. IV. Quasi-recidivism – any person who shall commit a felony after having been convicted by final judgment, before beginning to serve such sentence, or while serving the same, shall be punished by the maximum period of the penalty prescribed by law for the new felony.28 Effects: felony. The penalty is raised to the maximum period of the penalty prescribed for the new

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When the offender is a recidivist and at the same time a habitual delinquent, the penalty for the crime for which he will be convicted will be increased to the maximum period unless offset by a mitigating circumstance. After determining the correct penalty for the last crime committed, an added penalty will be imposed in accordance with Article 62. Habitual delinquency, being a special or specific aggravating circumstance must be alleged in the information. If it is not alleged in the information and in the course of the trial, the prosecution tried to prove that the offender is a habitual delinquent over the objection of the accused, the court has no jurisdiction to consider the offender a habitual delinquent. 27 Art. 62, no. 5. 28 The emphasis here is on the crime committed before sentence or while serving sentence which should be a felony, a violation of the Revised Penal Code. In so far as the earlier crime is concerned, it is necessary that it be a felony. The emphasis is on the nature of the crime committed while serving sentence or before serving sentence. It should not be a violation of a special law. Quasi-recidivism is a special aggravating circumstance. This cannot be offset by any mitigating circumstance and the imposition of the penalty in the maximum period cannot be lowered by any ordinary mitigating circumstance. When there is a privileged mitigating circumstance, the penalty prescribed by law for the crime committed shall be lowered by 1 or 2 degrees, as the case may be, but then it shall be imposed in the maximum period if the offender is a quasi-recidivist.

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g. Complex Crimes vis Special Complex Crimes29 Complex crimes — When a single act constitutes two or more grave or less grave felonies, or when an offense is a necessary means for committing the other30. 2 kinds of complex crimes: a) compound crime – single act constitutes 2 or more grave or less grave felonies Requisites: 1) that only one single act is committed by the offender 2) that the single act produces a) 2 or more grave felonies b) one or more grave and one or more less grave felonies c) 2 or more less grave felonies b) complex crime proper – when an offense is a necessary means for committing another Requisites: 1) that at least 2 offenses are committed 2) that one or some of the offenses must be necessary to commit the other 3) that both or all the offenses must be punished under the same statute Art. 48 is not applicable in case of special complex crimes specially provided for in the Revised Penal code like Robbery with Homicide or Rape or Arson31 or Rape with Homicide32 and applies only when no specific penalty is stated in the law.

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Composite crimes are crimes which, in substance, consist of more than one crime but in the eyes of the law, there is only one crime. For example, the crimes of robbery with homicide, robbery with rape, robbery with physical injuries. In case the crime committed is a composite crime, the conspirator will be liable for all the acts committed during the commission of the crime agreed upon. This is because, in the eyes of the law, all those acts done in pursuance of the crime agreed upon are acts which constitute a single crime. 30 Art. 48 31 Sec. 9, R.A. 7659 amending par. 1 of Art. 294, 32 Sec. 11, ibid. amending Art. 335.

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3. Circumstances which Affect Criminal Liability a. Decree Codifying the Laws on Illegal / Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition, of Firearms, Ammunition or Explosives33 as an aggravating circumstance Use of Unlicensed Firearm Although the circumstance that human life was destroyed with the use of an unlicensed firearm is not aggravating under Art. 14, RPC, it may still be taken into consideration to increase the penalty because of the explicit provisions of the Presidential Decree No. 1866 as amended by R.A. 8294. Section (1), 3rd par. of said law says that if homicide or murder is committed with the use of an unlicensed firearm, such use of an unlicensed firearm shall be considered as an aggravating circumstance. Further, under Sec. 3 thereof, when a person commits any of the crimes defined in the Revised Penal Code or special laws with the use of explosives like pill box, motolov cocktail bombs, firebombs or other incendiary devices which result in the death of a person, such use shall be considered as an aggravating circumstance. b. The Comprehensive Dangerous Drugs Act of 200234 (1) As a qualifying aggravating circumstance Qualifying Aggravating Circumstances in the Commission of a Crime by an Offender Under the Influence of Dangerous Drugs. – Notwithstanding the provisions of any law to the contrary, a positive finding for the use of dangerous drugs shall be a qualifying aggravating circumstance in the commission of a crime by an offender, and the application of the penalty provided for in the Revised Penal Code shall be applicable35. (2) Immunity from prosecution and punishment, coverage Immunity from Prosecution and Punishment. – Notwithstanding the provisions of Section 17, Rule 119 of the Revised Rules of Criminal Procedure36 and the provisions of Republic Act No. 6981 or the Witness Protection, Security and Benefit Act of 1991, any person who has violated Sections 7, 11, 12, 14, 15, and 19, Article II of this Act 37, who voluntarily gives information about any violation of Sections 4, 5, 6, 8, 10, 13, and 16, Article II of this Act 38 as well as any violation of the offenses mentioned if committed by a drug syndicate, or any
33 34

P.D. 1866, as amended by R.A. 8294 R.A. 9165 35 Sec. 25 36 See Reference 37 ibid 38 ibid .

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information leading to the whereabouts, identities and arrest of all or any of the members thereof; and who willingly testifies against such persons as described above, shall be exempted from prosecution or punishment for the offense with reference to which his/her information of testimony were given, and may plead or prove the giving of such information and testimony in bar of such prosecution: Provided, That the following conditions concur: (1) The information and testimony are necessary for the conviction of the persons described above; (2) Such information and testimony are not yet in the possession of the State; (3) Such information and testimony can be corroborated on its material points; (4) the informant or witness has not been previously convicted of a crime involving moral turpitude, except when there is no other direct evidence available for the State other than the information and testimony of said informant or witness; and (5) The informant or witness shall strictly and faithfully comply without delay, any condition or undertaking, reduced into writing, lawfully imposed by the State as further consideration for the grant of immunity from prosecution and punishment. Provided, further, That this immunity may be enjoyed by such informant or witness who does not appear to be most guilty for the offense with reference to which his/her information or testimony were given: Provided, finally, That there is no direct evidence available for the State except for the information and testimony of the said informant or witness39. (3) Minor offenders Suspension of Sentence of a First-Time Minor Offender. – An accused who is over fifteen (15) years of age at the time of the commission of the offense mentioned in Section 11 of this Act, but not more than eighteen (18) years of age at the time when judgment should have been promulgated after having been found guilty of said offense, may be given the benefits of a suspended sentence, subject to the following conditions: (a) He/she has not been previously convicted of violating any provision of this Act, or of the Dangerous Drugs Act of 1972, as amended; or of the Revised Penal Code; or of any special penal laws; (b) He/she has not been previously committed to a Center or to the care of a DOHaccredited physician; and (c) The Board favorably recommends that his/her sentence be suspended.

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Sec. 33.

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While under suspended sentence, he/she shall be under the supervision and rehabilitative surveillance of the Board, under such conditions that the court may impose for a period ranging from six (6) months to eighteen (18) months. Upon recommendation of the Board, the court may commit the accused under suspended sentence to a Center, or to the care of a DOH-accredited physician for at least six (6) months, with after-care and follow-up program for not more than eighteen (18) months. In the case of minors under fifteen (15) years of age at the time of the commission of any offense penalized under this Act, Article 192 of Presidential Decree No. 603, otherwise known as the Child and Youth Welfare Code, as amended by Presidential Decree No. 1179 40 shall apply, without prejudice to the application of the provisions of this Section41. (4) Application / Non application of RPC provisions42 cf. Art. 1043, RPC Limited Applicability of the Revised Penal Code. – Notwithstanding any law, rule or regulation to the contrary, the provisions of the Revised Penal Code, as amended, shall not apply to the provisions of this Act, except in the case of minor offenders. Where the offender is a minor, the penalty for acts punishable by life imprisonment to death provided herein shall be reclusion perpetua to death. c. Juvenile Justice and Welfare Act of 200644; also refer to Child and Youth Welfare Code45 (1) Definition of ―child in conflict with the law‖ Refers to a child who is alleged as, accused of, or adjudged as, having committed an offense under Philippine laws46. (2) Minimum age of criminal responsibility47 A child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from criminal liability. However, the child shall be subjected to an intervention program pursuant to Section 2048 of this Act. A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal liability and be subjected to an intervention program, unless he/she
40 41

See Reference. Sec. 66, R.A. 9165. 42 Sec. 98, ibid 43 See Reference 44 R.A. 9344 45 P.D. 603, as amended 46 Sec. 4 (e), R.A. 9344. 47 18 years old. 48 See Reference

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has acted with discernment, in which case, such child shall be subjected to the appropriate proceedings in accordance with this Act. The exemption from criminal liability herein established does not include exemption from civil liability, which shall be enforced in accordance with existing laws49. (3) Determination of age The child in conflict with the law shall enjoy the presumption of minority. He/She shall enjoy all the rights of a child in conflict with the law until he/she is proven to be eighteen (18) years old or older. The age of a child may be determined from the child's birth certificate, baptismal certificate or any other pertinent documents. In the absence of these documents, age may be based on information from the child himself/herself, testimonies of other persons, the physical appearance of the child and other relevant evidence. In case of doubt as to the age of the child, it shall be resolved in his/her favor. Any person contesting the age of the child in conflict with the law prior to the filing of the information in any appropriate court may file a case in a summary proceeding for the determination of age before the Family Court which shall decide the case within twenty-four (24) hours from receipt of the appropriate pleadings of all interested parties. If a case has been filed against the child in conflict with the law and is pending in the appropriate court, the person shall file a motion to determine the age of the child in the same court where the case is pending. Pending hearing on the said motion, proceedings on the main case shall be suspended. In all proceedings, law enforcement officers, prosecutors, judges and other government officials concerned shall exert all efforts at determining the age of the child in conflict with the law50.

49 50

Sec. 6, ibid. Sec. 7, ibid.

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(4) Exemption from criminal liability51 d. Anti-Violence against Women and their Children Act of 200452 Battered woman syndrome "Battered Woman Syndrome" refers to a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse53. 4. Persons Criminally Liable a. Decree Penalizing Obstruction of Apprehension and Prosecution of Criminal Offenders54 (1) Punishable acts Any person who knowingly or willfully obstructs, impedes, frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal cases by committing any of the following acts: (a) preventing witnesses from testifying in any criminal proceeding or from reporting the commission of any offense or the identity of any offender/s by means of bribery, misrepresentation, deceit, intimidation, force or threats; (b) altering, destroying, suppressing or concealing any paper, record, document, or object, with intent to impair its verity, authenticity, legibility, availability, or admissibility as evidence in any investigation of or official proceedings in, criminal cases, or to be used in the investigation of, or official proceedings in, criminal cases; (c) harboring or concealing, or facilitating the escape of, any person he knows, or has reasonable ground to believe or suspect, has committed any offense under existing penal laws in order to prevent his arrest prosecution and conviction; (d) publicly using a fictitious name for the purpose of concealing a crime, evading prosecution or the execution of a judgment, or concealing his true name and other personal circumstances for the same purpose or purposes; (e) delaying the prosecution of criminal cases by obstructing the service of process or court orders or disturbing proceedings in the fiscal's offices, in Tanodbayan, or in the courts; (f) making, presenting or using any record, document, paper or object with knowledge of its falsity and with intent to affect the course or outcome of the investigation of, or official proceedings in, criminal cases;
51 52

See (2) Minimum age of criminal responsibility, supra R.A. 9262 53 Sec. 3 (c) 54 P.D. 1829.

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(g) soliciting, accepting, or agreeing to accept any benefit in consideration of abstaining from, discounting, or impeding the prosecution of a criminal offender; (h) threatening directly or indirectly another with the infliction of any wrong upon his person, honor or property or that of any immediate member or members of his family in order to prevent such person from appearing in the investigation of, or official proceedings in, criminal cases, or imposing a condition, whether lawful or unlawful, in order to prevent a person from appearing in the investigation of or in official proceedings in, criminal cases; (i) giving of false or fabricated information to mislead or prevent the law enforcement agencies from apprehending the offender or from protecting the life or property of the victim; or fabricating information from the data gathered in confidence by investigating authorities for purposes of background information and not for publication and publishing or disseminating the same to mislead the investigator or to the court. If any of the acts mentioned herein is penalized by any other law with a higher penalty, the higher penalty shall be imposed55. (2) Compare with Article 20, RPC Accessories who are exempt from criminal liability56. — The penalties prescribed for accessories shall not be imposed upon those who are such with respect to their spouses, ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same degrees, with the single exception of accessories falling within the provisions of paragraph 1 of the next preceding article57.

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Sec. 1, P.D. 1829. Basis: Ties of blood and the preservation of the cleanliness of one’s name which compels one to conceal crimes committed by relatives so near as those mentioned. Nephew and Niece not included Accessory not exempt when helped a relative-principal by profiting from the effects of the crime, or assisted the offender to profit from the effects of the crime. Only accessories covered by par 2 and 3 are exempted. Public officer who helped his guilty brother escape does not incur criminal liability as ties of blood constitutes a more powerful incentive than the call of duty. 57 Art. 19, See Reference
56

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5. Penalties a. General Principles - Act Prohibiting the Imposition of Death Penalty in the Philippines58 b. Purposes With the enactment of R.A. 9346 on 24 June 2006, the imposition of death penalty has been prohibited. Pursuant to Section 2 thereof, the property penalty to be imposed on appellant is reclusion perpetua. RA 9346 should be applied even if the crime was committed prior to the enactment of the law in view of the principle in criminal law that favorabilia sunt amplianda adiosa restrigenda. Penal laws which are favorable to the accused are given retroactive effect.59 c. Classification Scale Principal Penalties Capital punishment: Death. Afflictive penalties: Reclusion perpetua, Reclusion temporal, Perpetual or temporary absolute disqualification, Perpetual or temporary special disqualification, Prision mayor. Correctional penalties: Prision correccional, Arresto mayor, Suspension, Destierro. Light penalties: Arresto menor, Public censure.

58 59

R.A. 9346, ibid P v. Canuto, G.R. No. 166544, 27 July 2007, 528 SCRA 366, 377.

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Penalties common to the three preceding classes: Fine, and Bond to keep the peace. Accessory Penalties Perpetual or temporary absolute disqualification, Perpetual or temporary special disqualification, Suspension from public office, the right to vote and be voted for, the profession or calling. Civil interdiction, Indemnification, Forfeiture or confiscation of instruments and proceeds of the offense, Payment of costs60. d. Duration and Effects Duration Reclusion perpetua - from twenty years and one day to forty years. Reclusion temporal - from twelve years and one day to twenty years. Prision mayor and temporary disqualification - from six years and one day to twelve years, except when the penalty of disqualification is imposed as an accessory penalty, in which case, its duration shall be that of the principal penalty. Prision correccional, suspension, and destierro - from six months and one day to six years, except when suspension is imposed as an accessory penalty, in which case, its duration shall be that of the principal penalty. Arresto mayor - from one month and one day to six months. Arresto menor - from one day to thirty days. Bond to keep the peace - The bond to keep the peace shall be required to cover such period of time as the court may determine61. Effects Effects of the penalties of perpetual or temporary absolute disqualification. - The penalties of perpetual or temporary absolute disqualification for public office shall produce the following effects:

60 61

Art. 25, RPC. Art. 27, ibid. as amended by Section 21, Republic Act No. 7659.

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1. The deprivation of the public offices and employments which the offender may have held even if conferred by popular election. 1. The deprivation of the right to vote in any election for any popular elective office or to be elected to such office. 2. The disqualification for the offices or public employments and for the exercise of any of the rights mentioned. In case of temporary disqualification, such disqualification as is comprised in paragraphs 2 and 3 of this article shall last during the term of the sentence. held62. 3.The loss of all rights to retirement pay or other pension for any office formerly

Effect of the penalties of perpetual or temporary special disqualification. - The penalties of perpetual or temporary special disqualification for public office, profession or calling shall produce the following effects: 1. The deprivation of the office, employment, profession or calling affected; 2. The disqualification for holding similar offices or employments either perpetually or during the term of the sentence, according to the extent of such disqualification63. Effects of the penalties of perpetual or temporary special disqualification for the exercise of the right of suffrage. - The perpetual or temporary special disqualification for the exercise of the right of suffrage shall deprive the offender perpetually or during the term of the sentence, according to the nature of said penalty, of the right to vote in any popular election for any public office or to be elected to such office. Moreover, the offender shall not be permitted to hold any public office during the period of his disqualification64. Effects of the penalties of suspension from any public office, profession or calling, or the right of suffrage. - The suspension from public office, profession or calling, and the exercise of the right of suffrage shall disqualify the offender from holding such office or exercising such profession or calling or right of suffrage during the term of the sentence. The person suspended from holding public office shall not hold another having similar functions during the period of his suspension65. Civil interdiction. - Civil interdiction shall deprive the offender during the time of his sentence of the rights of parental authority, or guardianship, either as to the person or

62 63

Art. 30 Art. 31 64 Art. 32. 65 Art. 33

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property of any ward, of marital authority, of the right to manage his property and of the right to dispose of such property by any act or any conveyance inter vivos66. Effects of bond to keep the peace. - It shall be the duty of any person sentenced to give bond to keep the peace, to present two sufficient sureties who shall undertake that such person will not commit the offense sought to be prevented, and that in case such offense be committed they will pay the amount determined by the court in its judgment, or otherwise to deposit such amount in the office of the clerk of the court to guarantee said undertaking67. bond . Should the person sentenced fail to give the bond as required he shall be detained for a period which shall in no case exceed six months, if he shall have prosecuted for a grave or less grave felony, and shall not exceed thirty days, if for a light felony. Pardon; its effect. - A pardon shall not work the restoration of the right to hold public office, or the right of suffrage, unless such rights be expressly restored by the terms of the pardon69. A pardon shall in no case exempt the culprit from the payment of the civil indemnity imposed upon him by the sentence. Cost. - What are included. - Costs shall include fees and indemnities in the course of the judicial proceedings, whether they be fixed or unalterable amounts previously determined by law or regulations in force, or amounts not subject to schedule70. Pecuniary liabilities. - Order of payment. - In case the property of the offender should not be sufficient for the payment of all his pecuniary liabilities, the same shall be met in the following order71: 1. The reparation of the damage caused. 2. Indemnification of consequential damages. 3. The fine. 4. The costs of the proceedings.
68

The court shall determine, according to its discretion, the period of duration of the

66 67

Art. 34. Art. 35. 68 Read also Art. 284. 69 Art. 36. 70 Art. 37. 71 Art. 38.

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Subsidiary penalty. - If the convict has no property with which to meet the fine mentioned in paragraph 3 of the next preceding article, he shall be subject to a subsidiary personal liability at the rate of one day for each eight pesos, subject to the following rules: 1. If the principal penalty imposed be prision correccional or arresto and fine, he shall remain under confinement until his fine referred in the preceding paragraph is satisfied, but his subsidiary imprisonment shall not exceed one-third of the term of the sentence, and in no case shall it continue for more than one year, and no fraction or part of a day shall be counted against the prisoner. 2. When the principal penalty imposed be only a fine, the subsidiary imprisonment shall not exceed six months, if the culprit shall have been prosecuted for a grave or less grave felony, and shall not exceed fifteen days, if for a light felony. 3. When the principal penalty imposed is higher than prision correccional no subsidiary imprisonment shall be imposed upon the culprit. 4. If the principal penalty imposed is not to be executed by confinement in a penal institution, but such penalty is of fixed duration, the convict, during the period of time established in the preceding rules, shall continue to suffer the same deprivation as those of which the principal penalty consists. 5. The subsidiary personal liability which the convict may have suffered by reason of his insolvency shall not relieve him from the fine in case his financial circumstances should improve72

72

Article 39. As amended by Republic Act No. 5465, April 21, 1969.

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e. Application (1) Indeterminate Sentence Law73 Indeterminate Sentence Law governs whether the crime is punishable under the Revised Penal Code or a special Law. It is not limited to violations of the Revised Penal Code. It applies only when the penalty served is imprisonment. If not by imprisonment, then it does not apply. (a) Application on the imposed sentence Courts are required to fix a minimum and a maximum of the sentence that they are to impose upon an offender when found guilty of the crime charged. So, whenever the Indeterminate Sentence Law is applicable, there is always a minimum and maximum of the sentence that the convict shall serve. If the crime is punished by the Revised Penal Code, the law provides that the maximum shall be arrived at by considering the mitigating and aggravating circumstances in the commission of the crime according to the proper rules of the Revised Penal Code. To fix the maximum, consider the mitigating and aggravating circumstances according to the rules found in Article 64. This means –

73

R.A. 4103, as amended. ISL should not be applied when it is unfavorable to the accused. ISL does not apply to non-divisible penalties. Rule under Art 64 shall apply in determining the maximum but not in determining the minimum. In determining the applicable penalty according to the Indeterminate Sentence Law, there is no need to mention the number of years, months and days; it is enough that the name of the penalty is mentioned while the Indeterminate Sentence Law is applied. To fix the minimum and the maximum of the sentence, penalty under the Revised Penal Code is not the penalty to be imposed by court because the court must apply the Indeterminate Sentence Law. The attendant mitigating and/or aggravating circumstances in the commission of the crime are taken into consideration only when the maximum of the penalty is to be fixed. But in so far as the minimum is concerned, the basis of the penalty prescribed by the Revised Penal Code, and go one degree lower than that. But penalty one degree lower shall be applied in the same manner that the maximum is also fixed based only on ordinary mitigating circumstances. This is true only if the mitigating circumstance taken into account is only an ordinary mitigating circumstance. If the mitigating circumstance is privileged, you cannot follow the law in so far as fixing the minimum of the indeterminate sentence is concerned; otherwise, it may happen that the maximum of the indeterminate sentence is lower than its minimum. Therefore, the rule is, in applying the Indetermiante Sentence Law, it is that penalty arrived at by the court after applying the mitigating and aggravating circumstances that should be the basis. Crimes punished under special law carry only one penalty; there are no degree or periods. Moreover, crimes under special law do not consider mitigating or aggravating circumstance present in the commission of the crime. So in the case of statutory offense, no mitigating and no aggravating circumstances will be taken into account. Just the same, courts are required in imposing the penalty upon the offender to fix a minimum that the convict should serve, and to set a maximum as the limit of that sentence. Under the law, when the crime is punished under a special law, the court may fix any penalty as the maximum without exceeding the penalty prescribed by special law for the crime committed. In the same manner, courts are given discretion to fix a minimum anywhere within the range of the penalty prescribed by special law, as long as it will not be lower than the penalty prescribed.

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(1) (2) (3) (4) (5)

Penalties prescribed by the law for the crime committed shall be imposed in the medium period if no mitigating or aggravating circumstance; If there is aggravating circumstance, no mitigating, penalty shall be imposed in the maximum; If there is mitigating circumstance, no aggravating, penalty shall be in the minimum; If there are several mitigating and aggravating circumstances, they shall offset against each other. Whatever remains, apply the rules. If there are two or more mitigating circumstance and no aggravating circumstance, penalty next lower in degree shall be the one imposed. (b) Coverage The Indeterminate Sentence Law shall not apply to:

(1) (2) (3) (4) (5) (6) (7) (8) (9)

Persons convicted of offense punishable with death penalty or life imprisonment74; Persons convicted of treason, conspiracy or proposal to commit treason; Persons convicted of misprision of treason, rebellion, sedition, espionage; Persons convicted of piracy; Persons who are habitual delinquents;75 Persons who shall have escaped from confinement or evaded sentence;76 Those who have been granted conditional pardon by the Chief Executive and shall have violated the term thereto; Those whose maximum term of imprisonment does not exceed one year (consider the maximum term not the minimum term), but not to those already sentenced by final judgment at the time of the approval of Indeterminate Sentence Law. Those sentenced to destiero77 or suspension( this are not punishable by imprisonment.

74

Although the penalty prescribed for the felony committed is death or reclusion perpetua, if after considering the attendant circumstances, the imposable penalty is reclusion temporal or less, the Indeterminate Sentence Law applies (People v. Cempron, 187 SCRA 278). 75 Recidivists entitled to the availment of the Indeterminate Sentence Law since those disqualified are Habitula delinquents. (People vs. Venus, 63 Phil. 435) 76 When the accused escaped from jail while his case was on appeal, he is not entitled to the benefits of the Indeterminate Sentence Law. (People vs. Martinado, 214 SCRA 712) A youthful offender whose sentence is suspended under Sec. 192 of P.D. 603 and who escaped from his confinement is still entitled to the application of the Indeterminate Sentence Law. The same is true with an accused confined in the National Center for Mental Health (formerly National Mental Hospital) since their confinement cannot be considered punishment but more of administrative matters for their rehabilitation. (People vs. Soler, 63 Phil. 868) 77 A person sentenced to destierro who entered the prohibited area within the prohibited period has evaded the service of his sentence (People vs. Abilog, 82 Phil. 174) and when he committed a crime in that area, he will not be entitled to the benefits of the Indeterminate Sentence Law for the new crime.

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(c) Conditions of parole The prisoner could be released on parole after serving the minimum sentence and could be rearrested to serve the maximum. f. Execution and Service (1) Probation Law78 (a) Definition of terms "Probation" is a disposition under which a defendant, after conviction and sentence, is released subject to conditions imposed by the court and to the supervision of a probation officer. "Probationer" means a person placed on probation. "Probation Officer" means one who investigates for the court a referral for probation or supervises a probationer or both79. (b) Purpose To establish a more enlightened and humane correctional systems that will promote the reformation of offenders and thereby reduce the incidence of recidivism80. (c) Grant conditions of probation, manner and

Subject to the provisions of this Decree, the court may, after it shall have convicted and sentenced a defendant and upon application at any time of said defendant, suspend the execution of said sentence and place the defendant on probation for such period and upon such terms and conditions as it may deem best. Probation may be granted whether the sentence imposes a term of imprisonment or a fine only. An application for probation shall be filed with the trial court, with notice to the appellate court if an appeal has been taken from the sentence of conviction. The filing of the application shall be deemed a waiver of the right to appeal, or the automatic withdrawal of a pending appeal. An order granting or denying probation shall not be appealable81.

78

P.D. 968, as amended. Sec. 3. 80 WHEREAS clause 81 Sec. 4.
79

23

The probation law imposes two kinds of conditions: Mandatory conditions: (1) The convict must report to the Probation Officer (PO) designated in the court order approving his application for Probation within 72 hours from receipt of Notice of such order approving his application; and (2) The convict, as a probationer, must report to the PO at least once a month during the period of probation unless sooner required by the PO. These conditions being mandatory, the moment any of these is violate, the probation is cancelled. Discretionary conditions: The trial court which approved the application for probation may impose any condition which may be constructive to the correction of the offender, provided the same would not violate the constitutional rights of the offender and subject to this two restrictions: (1) the conditions imposed should not be unduly restrictive of the probationer; and (2) such condition should not be incompatible with the freedom of conscience of the probationer (d) Criteria of placing an offender on probation In determining whether an offender may be placed on probation, the court shall consider all information relative to the character, antecedents, environment, mental and physical condition of the offender, and available institutional and community resources. Probation shall be denied if the court finds that: (a) the offender is in need of correctional treatment that can be provided most effectively by his commitment to an institution; or (b) there is undue risk that during the period of probation the offender will commit another crime; or (c) probation will depreciate the seriousness of the offense committed. (e) Disqualified offenders Those: (a) sentenced to serve a maximum term of imprisonment of more than six years; (b) convicted of any offense against the security of the State;

24

(c) who have previously been convicted by final judgment of an offense punished by imprisonment of not less than one month and one day and/or a fine of not less than Two Hundred Pesos; (d) who have been once on probation under the provisions of this Decree; and (e) who are already serving sentence at the time the substantive provisions of this Decree became applicable pursuant to Section 33 hereof82. (f) Period of probation (a) The period of probation of a defendant sentenced to a term of imprisonment of not more than one year shall not exceed two years, and in all other cases, said period shall not exceed six years. (b) When the sentence imposes a fine only and the offender is made to serve subsidiary imprisonment in case of insolvency, the period of probation shall not be less than nor to be more than twice the total number of days of subsidiary imprisonment as computed at the rate established, in Article thirty-nine of the Revised Penal Code, as amended83. (g) Arrest of probationer At any time during probation, the court may issue a warrant for the arrest of a probationer for violation of any of the conditions of probation. The probationer, once arrested and detained, shall immediately be brought before the court for a hearing, which may be informal and summary, of the violation charged. The defendant may be admitted to bail pending such hearing. In such a case, the provisions regarding release on bail of persons charged with a crime shall be applicable to probationers arrested under this provision. If the violation is established, the court may revoke or continue his probation and modify the conditions thereof. If revoked, the court shall order the probationer to serve the sentence originally imposed. An order revoking the grant of probation or modifying the terms and conditions thereof shall not be appealable84. (h) Termination of probation After the period of probation and upon consideration of the report and recommendation of the probation officer, the court may order the final discharge of the probationer upon finding that he has fulfilled the terms and conditions of his probation and thereupon the case is deemed terminated. The final discharge of the probationer shall operate to restore to him all civil rights lost or suspend as a result of his conviction and to fully discharge his liability for any fine imposed as to the offense for which probation was granted.

82 83

Sec. 9. Sec. 14. 84 Sec. 15.

25

The probationer and the probation officer shall each be furnished with a copy of such order. Exception -The Comprehensive Dangerous Drugs Act of 200285 Non-Applicability of the Probation Law for Drug Traffickers and Pushers. – Any person convicted for drug trafficking or pushing under this Act, regardless of the penalty imposed by the Court, cannot avail of the privilege granted by the Probation Law or Presidential Decree No. 968, as amended86. (2) Juvenile Justice and Welfare Act of 2006 (R.A. 9344); also refer to Child and Youth Welfare Code (P.D. 603, as amended) (a) Definition of child in conflict with the law87 (b) Exemption from criminal liability88 (c) Juvenile justice and welfare system "Juvenile Justice and Welfare System" refers to a system dealing with children at risk and children in conflict with the law, which provides child-appropriate proceedings, including programs and services for prevention, diversion, rehabilitation, re-integration and aftercare to ensure their normal growth and development. 6. Modification and Extinction of Criminal Liability a. Prescription of crimes Crimes punishable by death, reclusion perpetua or reclusion temporal –twenty (20) years. Crimes punishable by other afflictive penalties - fifteen (15) years. Correctional penalty - ten (10) years; Except those punishable by arresto mayor, five (5) years. Libel or other similar offenses - one (1) year. Oral defamation and slander by deed - six (6) months. Light offenses - two (2) months.
85 86

R.A. 9165 Sec. 24, ibid. 87 supra. 88 supra.

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When the penalty fixed by law is a compound one, the highest penalty shall be made the basis of the application of the rules contained in the first, second and third paragraphs of this article.89 b. Prescription of penalties 1. Death and reclusion perpetua - twenty (20) years; 2. Other afflictive penalties - fifteen (15) years; 3. Correctional penalties - ten (10) years; Except the penalty of arresto mayor – five (5) years; 4. Light penalties - one (1) year90.

89 90

Art. 90, RPC. as amended by Republic Act No. 4661, approved June 19, 1966. Art. 92, ibid.

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Book II91
1. Crimes Against National Security92 Treason93

91 92

Arts. 114-365 Arts. 114-123. 93 Art. 114. Treason: breach of allegiance to the government, committed by a person who owes allegiance to it. Evident premeditation, superior strength and treachery are circumstances inherent in treason, and are, therefore, not aggravating. Treason cannot be committed in times of peace, only in times of war – actual hostilities. But no need for declaration of war Levying of war: a) that there be an actual assembling of men; b) for the purpose of executing a treasonable design by force (deliver the country in whole or in part to the enemy) Treason cannot be proved by circumstantial evidence or by extra-judicial confession of the accused Actual hostilities may determine the date of the commencement of war. No such thing as attempted treason; mere attempt consummates the crime Giving aid or comfort – material element, enhances forces of the enemy country. Acts which strengthen or tend to strengthen the enemy in the conduct of war against the traitor’s country or that which weaken and tend to weaken the power of the same 93. Adherence and giving aid or comfort must concur together. But membership in the police force during the occupation is NOT treason. Adherence may be proved by: (1) one witness; (2) from the nature of the act itself; (3) from the circumstances surrounding the act. Treason is a CONTINUING CRIME. Even after the war, offender can be prosecuted. If you convict a person for treason by reason of irresistible force or uncontrollable fear, you may use Art.12. No treason through negligence When killings and other common crimes are charged as overt act of treason, they cannot be regarded as (1) separate crimes or (2) as complex with treason. Not Treasonous: a. Acceptance of public office and discharge of official duties under the enemy does not constitute per se the felony of treason (exception: when it is policy determining) b. Serving in a puppet government (ministerial functions) and in order to serve the populace is NOT treasonous. But it is treason if: a) there is discretion involved; b) inflicts harm on Filipinos; c) it is disadvantageous to them. c. Purpose of offender: to deliver the Philippines to enemy country; if merely to change officials – not treason On Citizenship a. Filipino citizens can commit treason outside the Philippines. But that of an alien must be committed in the Philippines. b. Only Filipino citizens or permanent resident aliens can be held liable c. Alien: with permanent resident status from the BID – it is neither the length of stay in the Philippines nor the marriage with a Filipino that matters.

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ELEMENTS: a. That the offender owes allegiance to the Government of the Philippines b. That there is a war in which the Philippines is involved c. That the offender either – Levies war against the government94, or Adheres to the enemies, giving them aid and comfort95 Ways of proving treason: a. 2 witnesses testifying to same overt act96 b. Confession of the accused in open court. Arraignment, pre-trial, trial – OK97. Conspiracy to commit treason98 ELEMENTS: a. In time of war b. 2 or more persons come to an agreement to 1. levy war against the government, or 2. adhere to the enemies and to give them aid or comfort, c. They decide to commit it ELEMENTS OF PROPOSAL TO COMMIT TREASON: a. In time of war b. A person who has decided to levy war against the government, or to adhere to the enemies and to give them aid or comfort, proposes its execution to some other person/s.

94

1.breach of allegiance 2.actual assembling of men 3.for the purpose of executing a reasonable design 95 1. breach of allegiance 2.adherence 3. giving aid or comfort to the enemy 96 Example: X saw arms landed in La Union and loaded into a motor vehicle. At this stage, not sufficient to convict yet. Y later saw the arms unloaded in a warehouse. Will X + Y be sufficient witnesses to convict? Answer: NO. Because the law requires that 2 witnesses see the SAME OVERT ACT. 97 If he has pleaded NOT guilty already during arraignment, he can still confess in open court by stating the particular acts constituting treason. During trial, simply saying ―I’m guilty‖ is not enough. Withdrawing plea of ―not guilty‖ during arraignment not necessary If during arraignment he pleads guilty, court will ask if the accused understands is plea. Submission of affidavit during trial, even if assisted by counsel is not enough. 98 Art. 115. Mere agreement and decisions to commit treason is punishable Mere proposal even without acceptance is punishable too. If the other accepts, it is already conspiracy

29

Misprision of treason99 ELEMENTS: a. That the offender must be owing allegiance to the government, and not a foreigner b.That he has knowledge of any conspiracy (to commit treason) against the government c. That he conceals or does not disclose and make known the same as soon as possible to the governor or fiscal of the province or the mayor or fiscal of the city in which he resides Espionage100 Entering, without authority therefor, warship, fort, or naval or military establishments or reservation to obtain any information, plans, photographs or other data of a confidential nature relative to the defense of the Philippines. ELEMENTS: a. 1. That the offender enters any of the places mentioned therein 2. That he has no authority therefore; b. That his purpose is to obtain information, plans, photographs or other data of a confidential nature relative to the defense of the Philippines Disclosing to the representative of a foreign nation the contents of the articles, data, or information referred to in paragraph 1 of Article 117, which he had in his possession by reason of the public office holds. ELEMENTS: a. That the offender is a public officer b. That he has in his possession the articles, data or information referred to in par 1 of art 117, by reason of the public office he holds c. That he discloses their contents to a representative of a foreign nation101
99

Art. 116 Offender is punished as an accessory to the crime of treason This crime does not apply if the crime of treason is already committed Crime of omission ―To report within a reasonable time‖ – depends on time, place and circumstance – the RPC did not fix time. RPC states 4 individuals, what if you report to some other high-ranking government official? Ex. PNP Director? Judge Pimentel says any gov’t official of the DILG is OK. 100 Art. 117. Espionage: the offense of gathering, transmitting, or losing information respecting the national defense with the intent or reason to believe that the information is to be used to the injury of the Philippines or the advantage of any foreign nation. It is not conditioned on citizenship. 101 Purpose: to gather data Not necessary that Philippines is at war with the country to which the information was revealed. What is important is that the information related is connected with the defense system of the Philippines.

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II. CRIMES AGAINST LAWS OF NATIONS Inciting to war or giving motives for reprisals102 ELEMENTS: a. b. That the offender performs unlawful or unauthorized acts That such acts provoke or give occasion for a war involving or liable to involve the Philippines or expose Filipino citizens to reprisals on their persons or property

Violation of neutrality103 ELEMENTS: a. That there is war in which the Philippines is not involved b. That there is a regulation issued by competent authority for the purpose of enforcing neutrality c. That the offender violates such regulation Correspondence with hostile country104 ELEMENTS: a. That it is in time of war in which the Philippines is involved b. That the offender makes correspondence with an enemy country or territory occupied by enemy troops
Wiretapping is NOT espionage if the purpose is not something connected with the defense Art. 118 Crime is committed in time of peace, intent is immaterial Inciting to war – offender is any person Reprisals is not limited to military action, it could be economic reprisals, or denial of entry into their country. Example. X burns Chinese flag. If China bans the entry of Filipinos into China, that is already reprisal. 103 Art. 119 Gov’t must have declared the neutrality of the Phil in a war between 2 other countries It is neutrality of the Phil that is violated Congress has the right to declare neutrality 104 Art. 120 Circumstances qualifying the offense: a. notice or information might be useful to the enemy b. offender intended to aid the enemy Hostile country exist only during hostilities or after the declaration of war Correspondence to enemy country – correspondence to officials of enemy country – even if related to you. It is not correspondence with private individual in enemy country If ciphers were used, no need for prohibition If ciphers were not used, there is a need for prohibition In any case, it must be correspondence with the enemy country Doesn’t matter if correspondence contains innocent matters – if prohibited, punishable
102

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c. That the correspondence is either – 1. prohibited by the government, or 2. carried on in ciphers or conventional signs, or 3. containing notice or information which might be useful to the enemy Flight to enemy’s country105 ELEMENTS: a. That there is a war in which the Philippines is involved b. That the offender (Filipino or resident alien) must be owing allegiance to the government c. That the offender attempts to flee or go to enemy country d. That going to enemy country is prohibited by competent authority Piracy106 2 Ways of Committing Piracy: a. By attacking or seizing a vessel on the high seas or in the Philippine waters (PD 532) b. By seizing the whole or part of the cargo of said vehicles, its equipment or personal belongings of its complement or passengers Elements: a. That a vessel is on the high seas107/Philippine waters b. That the offenders are not members of its complement or passengers of the vessel c. That the offenders – 1. attack or seize that vessel108 or 2. seize the whole or part of the cargo of said vessel, its equipment or personal belongings of its complement or passengers

105

Art. 121 Mere attempt consummates the crime There must be a prohibition. If none, even if went to enemy country – no violation Alien resident may be guilty here. 106 Art. 122 Piracy in high seas – jurisdiction is with any court where offenders are found or arrested Piracy in internal waters – jurisdiction is only with Philippine courts For purpose of Anti-Fencing Law, piracy is part of robbery and theft 107 any waters on the sea coast which are without the boundaries of the low water mark although such waters may be in the jurisdictional limits of a foreign gov’t 108 if committed by crew or passengers, the crime is not piracy but robbery in the high seas

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Qualified piracy109 Circumstances: a. Whenever they have seized a vessel by boarding or firing upon the same b. Whenever the pirates have abandoned their victims without means of saving themselves c. Whenever the crime is accompanied by murder, homicide, physical injuries, or rape. (the above may result to qualified mutiny) a. Anti-Piracy and Anti- Highway Robbery110 (1) Definition of terms a. Philippine Waters. It shall refer to all bodies of water, such as but not limited to, seas, gulfs, bays around, between and connecting each of the Islands of the Philippine Archipelago, irrespective of its depth, breadth, length or dimension, and all other waters belonging to the Philippines by historic or legal title, including territorial sea, the sea-bed, the insular shelves, and other submarine areas over which the Philippines has sovereignty or jurisdiction. b. Vessel. Any vessel or watercraft used for transport of passengers and cargo from one place to another through Philippine Waters. It shall include all kinds and types of vessels or boats used in fishing. c. Philippine Highway. It shall refer to any road, street, passage, highway and bridges or other parts thereof, or railway or railroad within the Philippines used by persons, or vehicles, or locomotives or trains for the movement or circulation of persons or transportation of goods, articles, or property or both. d. Piracy. Any attack upon or seizure of any vessel, or the taking away of the whole or part thereof or its cargo, equipment, or the personal belongings of its complement or passengers, irrespective of the value thereof, by means of violence against or intimidation of persons or force upon things, committed by any person, including a passenger or member of the complement of said vessel, in Philippine waters, shall be considered as piracy. The offenders shall be considered as pirates and punished as hereinafter provided. e. Highway Robbery/Brigandage. The seizure of any person for ransom, extortion or other unlawful purposes, or the taking away of the property of another by means of violence against or intimidation of person or force upon things of other unlawful means, committed by any person on any Philippine Highway

109

Article 123 Parricide/infanticide should be included (Judge Pimentel) Murder/rape/homicide/physical injuries must have been committed on the passengers or complement 110 P.D.532

33

(2) Punishable acts Any person who commits piracy or highway robbery/brigandage as herein defined, shall, upon conviction by competent court be punished by: a. Piracy. The penalty of reclusion temporal in its medium and maximum periods shall be imposed. If physical injuries or other crimes are committed as a result or on the occasion thereof, the penalty of reclusion perpetua shall be imposed. If rape, murder or homicide is committed as a result or on the occasion of piracy, or when the offenders abandoned the victims without means of saving themselves, or when the seizure is accomplished by firing upon or boarding a vessel, the mandatory penalty of death shall be imposed. b. Highway Robbery/Brigandage. The penalty of reclusion temporal in its minimum period shall be imposed. If physical injuries or other crimes are committed during or on the occasion of the commission of robbery or brigandage, the penalty of reclusion temporal in its medium and maximum periods shall be imposed. If kidnapping for ransom or extortion, or murder or homicide, or rape is committed as a result or on the occasion thereof, the penalty of death shall be imposed111. Aiding pirates or highway robbers/brigands or abetting piracy or highway robbery/brigandage. Any person who knowingly and in any manner aids or protects pirates or highway robbers/brigands, such as giving them information about the movement of police or other peace officers of the government, or acquires or receives property taken by such pirates or brigands or in any manner derives any benefit therefrom; or any person who directly or indirectly abets the commission of piracy or highway robbery or brigandage, shall be considered as an accomplice of the principal offenders and be punished in accordance with the Rules prescribed by the Revised Penal Code. It shall be presumed that any person who does any of the acts provided in this Section has performed knowingly, unless the contrary is proven112 b. Anti-Hijacking Law113 (1) Punishable acts114 Any person who compels a change in the course or destination of an aircraft of Philippine registry, or to seize up or usurp the control thereof, while it is in flight115. Any person who compels an aircraft of foreign registry to land in Philippine territory or to seize or usurp the control thereof while it is within the said territory.
111 112

Sec. 3. Sec. 4. 113 PD 6235 114 Sec. 1 115 An aircraft is in flight from the moment all its external doors are closed following embarkation until any of such doors is opened for disembarkation.

34

c. Human Security Act of 2007116 (1) Punishable acts of terrorism Any person who commits an act punishable under any of the following provisions of the Revised Penal Code: a. Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine Waters); b. Article 134 (Rebellion or Insurrection); c. Article 134-a (Coup d' Etat), including acts committed by private persons; d. Article 248 (Murder); e. Article 267 (Kidnapping and Serious Illegal Detention); f. Article 324 (Crimes Involving Destruction), or under 1. Presidential Decree No. 1613 (The Law on Arson); 2. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990); 3. Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 1968); 4. Republic Act No. 6235 (Anti-Hijacking Law); 5. Presidential Decree No. 532 (Anti-Piracy and Anti-Highway Robbery Law of 1974); and, 6. Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal and Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms, Ammunitions or Explosives) thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the government to give in to an unlawful demand shall be guilty of the crime of terrorism and shall suffer the penalty of forty (40) years of imprisonment, without the benefit of parole as provided for under Act No. 4103, otherwise known as the Indeterminate Sentence Law, as amended.117

116 117

R.A. 9372 Sec. 3.

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(2) Who are liable

Conspiracy to Commit Terrorism. - Persons who conspire to commit the crime of terrorism shall suffer the penalty of forty (40) years of imprisonment.
There is conspiracy when two or more persons come to an agreement concerning the commission of the crime of terrorism as defined in Section 3 hereof and decide to commit the same118.

Accomplice. - Any person who, not being a principal under Article 17 of the Revised Penal Code or a conspirator as defined in Section 4 hereof, cooperates in the execution of either the crime of terrorism or conspiracy to commit terrorism by previous or simultaneous acts shall suffer the penalty of from seventeen (17) years, four months one day to twenty (20) years of imprisonment.119
terrorism or conspiracy to commit terrorism, and without having participated therein, either as principal or accomplice under Articles 17 and 18 of the Revised Penal Code, takes part subsequent to its commission in any of the following manner: (a) by profiting himself or assisting the offender to profit by the effects of the crime; (b) by concealing or destroying the body of the crime, or the effects, or instruments thereof, in order to prevent its discovery; (c) by harboring, concealing, or assisting in the escape of the principal or conspirator of the crime, shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment. Notwithstanding the above paragraph, the penalties prescribed for accessories shall not be imposed upon those who are such with respect to their spouses, ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same degrees, with the single exception of accessories falling within the provisions of subparagraph (a)120.

Accessory. - Any person who, having knowledge of the commission of the crime of

118 119

Sec. 4. Sec.. 5. 120 Sec. 6.

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2. Crimes Against the Fundamental Laws of the State121 Arbitrary detention122 ELEMENTS: a. That the offender is a public officer or employee (whose official duties include the authority to make an arrest and detain persons; jurisdiction to maintain peace and order). b. That he detains a person (actual restraint). c. That the detention was without legal grounds (cannot be committed if with warrant). Delay in the delivery of detained persons123 ELEMENTS: a. That the offender is a public officer or employee b. That he has detained a person for some legal grounds
121 122

Arts. 124-133. Art. 124 Classes of Arbitrary Detention: a. By detaining a person without legal ground b. Delay in the delivery of detained persons to the proper judicial authorities Detention: when a person is placed in confinement or there is a restraint on his person. Though the elements specify that the offender be a public officer or employee, private individuals who conspire with public officers can also be liable. Legal grounds for the detention of any person: a. commission of a crime b. violent insanity or other ailment requiring compulsory confinement of the patient in a hospital Without legal grounds: a. he has not committed any crime or no reasonable ground of suspicion that he has committed a crime b. not suffering from violent insanity or any other ailment requiring compulsory confinement in a hospital Know grounds for warrantless arrest: a. Crime is about to be, is being, has been committed b. Officer must have reasonable knowledge that the person probably committed the crime For escaped prisoner – no need for warrant 123 Art. 125 Really means delay in filing necessary information or charging of person detained in court. May be waived if a preliminary investigation is asked for. Does not contemplate actual physical delivery but at least there must be a complaint filed. Duty complied with upon the filing of the complaint with the judicial authority (courts, prosecutors – though technically not a judicial authority, for purposes of this article, he’s considered as one.) The filing of the information in court does not cure illegality of detention. Neither does it affect the legality of the confinement under process issued by the court. To escape from this, officers usually ask accused to execute a waiver which should be under oath and with assistance of counsel. Such waiver is not violative of the accused constitutional right. What is length of waiver? Light offense – 5 days. Serious and less serious offenses – 7 to 10 days. (Judge Pimentel) Article does not apply when arrest is via a warrant of arrest If offender is a private person, crime is illegal detention

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c. That he fails to deliver such person to the proper judicial authority within: 1. 12 hours, if detained for crimes/offenses punishable by light penalties, or their equivalent 2. 18 hours, for crimes/offenses punishable by correctional penalties, or their equivalent or 3. 36 hours, for crimes/offenses punishable by capital punishment or afflictive penalties, or their equivalent Arbitrary Detention Detention is illegal from the beginning. Delay in Delivery of Detained Detention is legal in the beginning, but illegality starts from the expiration of the specified periods without the persons detained having been delivered to the proper judicial authority.

Delaying release124 ELEMENTS: a. That the offender is a public officer or employee b. That there is a judicial or executive order for the release of a prisoner or detention prisoner, or that there is a proceeding upon a petition for the liberation of such person c. That the offender without good reason delays: 1. the service of the notice of such order to the prisoner, or 2. the performance of such judicial or executive order for the release of the prisoner, or 3. the proceedings upon a petition for the release of such person

124

Art.126 Wardens and jailers are the persons most likely to violate this provision Provision does not include legislation

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Expulsion125 ELEMENTS: a. That the offender is a public officer or employee b. That he expels any person from the Philippines, or compels a person to change his residence c. That the offender is not authorized to do so by law Violation of domicile126 ELEMENTS: a. That the offender is a public officer or employee b. That he is not authorized by judicial order to enter the dwelling and/or to make a search therein for papers or other effects c. That he commits any of the following acts: 1. entering any dwelling against the will of the owner thereof; 2. searching papers or other effects found therein without the previous consent of such owner; 3. refusing to leave the premises, after having surreptitiously entered said dwelling and after having been required to leave the same;

125

Art. 127 2 acts punishable: a. by expelling a person from the Philippines b. by compelling a person to change his residence (The crime of expulsion absorbs that of grave coercion. If done by a private person, will amount to grave coercion) Does not include undesirable aliens; destierro; or when sent to prison If X (Filipino) after he voluntarily left, is refused re-entry – is considered forcing him to change his address here Threat to national security is not a ground to expel or change his address. 126 Art. 128 If the offender who enters the dwelling against the will of the owner thereof is a private individual, the crime committed is trespass to dwelling (Art 280) When a public officer searched a person ―outside his dwelling‖ without a search warrant and such person is not legally arrested for an offense, the crime committed by the public officer is grave coercion, if violence or intimidation is used (Art 286), or unjust vexation, if there is no violence or intimidation (Art 287) A public officer without a search warrant cannot lawfully enter the dwelling against the will of the owner, even if he knew that someone in that dwelling is having unlawful possession of opium ―Being authorized by law‖ – means with search warrant, save himself or do some things good for humanity There must be expression that entry is denied or that he is asked to leave Papers and effects need not be part of a crime.

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Search warrants maliciously obtained127 ELEMENTS: a. That the offender is a public officer or employee b. That he procures a search warrant c. That there is no just cause ELEMENTS: a. That the offender is a public officer or employee b. That he has legally procured a search warrant c. That he exceeds his authority or uses unnecessary severity in executing the same ELEMENTS OF SEARCHING DOMICILE WITHOUT WITNESSES128: a. b. c. d. That the offender is a public officer or employee That he is armed with a search warrant legally procured That he searches the domicile, papers or other belongings of any person That the owner, or any member of his family, or two witnesses residing in the same locality are not present

127

Article 129 Abuse in the service of warrant or exceeding authority or using unnecessary severity in executing a search warrant legally procured Search warrant is valid for 10 days from its date Search warrant is an order in writing issued in the name of the People, signed by the judge and directed to a public officer, commanding him to search for personal property described therein and bring it before the court No just cause – warrant is unjustified Search – limited to what is described in the warrant, all details must be with particularity Malicious warrant. Example. X was a respondent of a search warrant for illegal possession of firearms. A return was made. The gun did not belong to X and the witness had no personal knowledge that there is a gun in that place. Abuse. Examples: a. X owner was handcuffed while search was going-on. b. Tank was used to ram gate prior to announcement that a search will be made c. Persons who were not respondents were searched 128 Article 130 Order of those who must witness the search: a. Homeowner b. Members of the family of sufficient age and discretion c. Responsible members of the community (can’t be influenced by the searching party) Validity of the search warrant can be questioned only in 2 courts: where issued or where the case is pending. Latter is preferred for objective determination.

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Prohibition, interruption, and dissolution of peaceful meetings129 ELEMENTS: a. Offender is a public officer or employee b. He performs any of the ff. acts: 1. prohibiting or interrupting, without legal ground the holding of a peaceful meeting, or dissolving the same (e.g. denial of permit in arbitrary manner). 2. hindering any person from joining any lawful association or from attending any of its meetings Interruption of religious worship130 ELEMENTS: a. That the officer is a public officer or employee b. That religious ceremonies or manifestations of any religion are about to take place or are going on c. That the offender prevents or disturbs the same Offending religious feelings131
129

Article 131 Prohibiting or hindering any person from addressing, either alone or together with others, any petition to the authorities for the correction of abuses or redress of grievances If the offender is a private individual, the crime is disturbance of public order (Art 153) Meeting must be peaceful and there is no legal ground for prohibiting, dissolving or interrupting that meeting Meeting is subject to regulation Offender must be a stranger, not a participant, in the peaceful meeting; otherwise, it’s unjust vexation Interrupting and dissolving a meeting of the municipal council by a public officer is a crime against the legislative body, not punishable under this article The person talking on a prohibited subject at a public meeting contrary to agreement that no speaker should touch on politics may be stopped But stopping the speaker who was attacking certain churches in public meeting is a violation of this article Prohibition must be without lawful cause or without lawful authority Those holding peaceful meetings must comply with local ordinances. Example: Ordinance requires permits for meetings in public places. But if police stops a meeting in a private place because there’s no permit, officer is liable for stopping the meeting. 130 Art. 132 Circumstance qualifying the offense: if committed with violence or threats Reading of Bible and then attacking certain churches in a public plaza is not a ceremony or manifestation of religion, but only a meeting of a religious sect. But if done in a private home, it’s a religious service Religious Worship: people in the act of performing religious rites for a religious ceremony; a manifestation of religion. Ex. Mass, baptism, marriage X, a private person, boxed a priest while the priest was giving homily and while the latter was maligning a relative of X. Is X liable? X may be liable under Art 133 because X is a private person. When priest is solemnizing marriage, he is a person in authority, although in other cases, he’s not.

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ELEMENTS: a. That the acts complained of were performed – 1. in a place devoted to religious feelings, or (for this element, no need of religious ceremony, only the place is material) 2. during the celebration of any religious ceremony b. That the acts must be notoriously offensive to the feelings of the faithful (deliberate intent to hurt the feelings) c. The offender is any person d. There is a deliberate intent to hurt the feelings of the faithful, directed against religious tenet CRIME Prohibition, Interruption and Dissolution of Peaceful Meeting Interruption of Religious Worship Nature of Crime Who are Liable If Element Missing Crime against the Public officers, If not by public officer = fundamental law of Outsiders tumults the state

Crime against the Public officers, If by insider = unjust fundamental law of Outsiders vexation the state If not religious = tumult or alarms If not notoriously offensive = unjust vexation Offending the Crime against public Public officers, If not tumults = alarms Religious Feeling order private persons, and scandal outsiders If meeting illegal at onset = inciting to sedition or rebellion

131

Art. 133 If in a place devoted to religious purpose, there is no need for an ongoing religious ceremony Example of religious ceremony (acts performed outside the church). Processions and special prayers for burying dead persons but NOT prayer rallies Acts must be directed against religious practice or dogma or ritual for the purpose of ridicule, as mocking or scoffing or attempting to damage an object of religious veneration There must be deliberate intent to hurt the feelings of the faithful, mere arrogance or rudeness is not enough

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a. Human Security Act of 2007132 (1) Period of detention

Period of Detention Without Judicial Warrant of Arrest. - The provisions of Article 125 of the Revised Penal Code133 to the contrary notwithstanding, any police or law enforcement personnel, who, having been duly authorized in writing by the Anti-Terrorism Council has taken custody of a person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism shall, without incurring any criminal liability for delay in the delivery of detained persons to the proper judicial authorities, deliver said charged or suspected person to the proper judicial authority within a period of three days counted from the moment the said charged or suspected person has been apprehended or arrested, detained, and taken into custody by the said police, or law enforcement personnel: Provided, That the arrest of those suspected of the crime of terrorism or conspiracy to commit terrorism must result from the surveillance under Section 7134 and examination of bank deposits under Section 27135 of this Act.
The police or law enforcement personnel concerned shall, before detaining the person suspected of the crime of terrorism, present him or her before any judge at the latter's residence or office nearest the place where the arrest took place at any time of the day or night. It shall be the duty of the judge, among other things, to ascertain the identity of the police or law enforcement personnel and the person or persons they have arrested and presented before him or her, to inquire of them the reasons why they have arrested the person and determine by questioning and personal observation whether or not the suspect has been subjected to any physical, moral or psychological torture by whom and why. The judge shall then submit a written report of what he/she had observed when the subject was brought before him to the proper court that has jurisdiction over the case of the person thus arrested. The judge shall forthwith submit his/her report within three calendar days from the time the suspect was brought to his/her residence or office. Immediately after taking custody of a person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism, the police or law enforcement personnel shall notify in writing the judge of the court nearest the place of apprehension or arrest: Provided ,That where the arrest is made during Saturdays, Sundays, holidays or after office hours, the written notice shall be served at the residence of the judge nearest the place where the accused was arrested. The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon the police or law enforcement personnel who fails to notify and judge as Provided in the preceding paragraph136.

132 133

R.A. 9372 See Reference 134 ibid 135 ibid 136 Sec.. 18.

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Period of Detention in the Event of an Actual or Imminent Terrorist Attack. In the event of an actual or imminent terrorist attack, suspects may not be detained for more than three days without the written approval of a municipal, city, provincial or regional official of a Human Rights Commission or judge of the municipal, regional trial court, the Sandiganbayan or a justice of the Court of Appeals nearest the place of the arrest. If the arrest is made during Saturdays, Sundays, holidays or after office hours, the arresting police or law enforcement personnel shall bring the person thus arrested to the residence of any of the officials mentioned above that is nearest the place where the accused was arrested. The approval in writing of any of the said officials shall be secured by the police or law enforcement personnel concerned within five days after the date of the detention of the persons concerned: Provided, however, That within three days after the detention the suspects, whose connection with the terror attack or threat is not established, shall be released immediately137.
b. Anti-Torture Act138 (1) Punishable acts Acts of Torture. - For purposes of this Act, torture shall include, but not be limited to, the following: (a) Physical torture is a form of treatment or punishment inflicted by a person in authority or agent of a person in authority upon another in his/her custody that causes severe pain, exhaustion, disability or dysfunction of one or more parts of the body, such as: (1) Systematic beating, head banging, punching, kicking, striking with truncheon or rifle butt or other similar objects, and jumping on the stomach; (2) Food deprivation or forcible feeding with spoiled food, animal or human excreta and other stuff or substances not normally eaten; (3) Electric shock; (4) Cigarette burning; burning by electrically heated rods, hot oil, acid; by the rubbing of pepper or other chemical substances on mucous membranes, or acids or spices directly on the wound(s); (5) The submersion of the head in water or water polluted with excrement, urine, vomit and/or blood until the brink of suffocation; (6) Being tied or forced to assume fixed and stressful bodily position; (7) Rape and sexual abuse, including the insertion of foreign objects into the sex organ or rectum, or electrical torture of the genitals;
137 138

Sec. 19. R.A. 9745

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(8) Mutilation or amputation of the essential parts of the body such as the genitalia, ear, tongue, etc.; (9) Dental torture or the forced extraction of the teeth; (10) Pulling out of fingernails; (11) Harmful exposure to the elements such as sunlight and extreme cold; (12) The use of plastic bag and other materials placed over the head to the point of asphyxiation; (13) The use of psychoactive drugs to change the perception, memory. alertness or will of a person, such as: (i) The administration or drugs to induce confession and/or reduce mental competency; or (ii) The use of drugs to induce extreme pain or certain symptoms of a disease; and (14) Other analogous acts of physical torture; and (b) "Mental/Psychological Torture" refers to acts committed by a person in authority or agent of a person in authority which are calculated to affect or confuse the mind and/or undermine a person's dignity and morale, such as: (1) Blindfolding; (2) Threatening a person(s) or his/her relative(s) with bodily harm, execution or other wrongful acts; (3) Confinement in solitary cells or secret detention places; (4) Prolonged interrogation; (5) Preparing a prisoner for a "show trial", public display or public humiliation of a detainee or prisoner; (6) Causing unscheduled transfer of a person deprived of liberty from one place to another, creating the belief that he/she shall be summarily executed; (7) Maltreating a member/s of a person's family; (8) Causing the torture sessions to be witnessed by the person's family, relatives or any third party;
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(9) Denial of sleep/rest; (10) Shame infliction such as stripping the person naked, parading him/her in public places, shaving the victim's head or putting marks on his/her body against his/her will; (11) Deliberately prohibiting the victim to communicate with any member of his/her family; and (12) Other analogous acts of mental/psychological torture.139 (2) Who are liable140 Any person who actually participated Or induced another in the commission of torture or other cruel, inhuman and degrading treatment or punishment or who cooperated in the execution of the act of torture or other cruel, inhuman and degrading treatment or punishment by previous or simultaneous acts shall be liable as principal Any superior military, police or law enforcement officer or senior government official who issued an order to any lower ranking personnel to commit torture for whatever purpose shall be held equally liable as principals. The immediate commanding officer of the unit concerned of the AFP or the immediate senior public official of the PNP and other law enforcement agencies shall be held liable as a principal to the crime of torture or other cruel or inhuman and degrading treatment or punishment for any act or omission, or negligence committed by him/her that shall have led, assisted, abetted or allowed, whether directly or indirectly, the commission thereof by his/her subordinates. If he/she has knowledge of or, owing to the circumstances at the time, should have known that acts of torture or other cruel, inhuman and degrading treatment or punishment shall be committed, is being committed, or has been committed by his/her subordinates or by others within his/her area of responsibility and, despite such knowledge, did not take preventive or corrective action either before, during or immediately after its commission, when he/she has the authority to prevent or investigate allegations of torture or other cruel, inhuman and degrading treatment or punishment but failed to prevent or investigate allegations of such act, whether deliberately or due to negligence shall also be liable as principals. Any public officer or employee shall be liable as an accessory if he/she has knowledge that torture or other cruel, inhuman and degrading treatment or punishment is being committed and without having participated therein, either as principal or accomplice, takes part subsequent to its commission in any of the following manner: (a) By themselves profiting from or assisting the offender to profit from the effects of the act of torture or other cruel, inhuman and degrading treatment or punishment;
139 140

Sec. 4. criminally

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(b) By concealing the act of torture or other cruel, inhuman and degrading treatment or punishment and/or destroying the effects or instruments thereof in order to prevent its discovery; or(c) By harboring, concealing or assisting m the escape of the principal/s in the act of torture or other cruel, inhuman and degrading treatment or punishment: Provided, That the accessory acts are done with the abuse of the official's public functions.141 3. Crimes Against Public Order Rebellion or insurrection142
141 142

Sec. 13. Art. 134 Success is immaterial, purpose is always political Rebellion used where the object of the movement is completely to overthrow and supersede the existing government Insurrection refers to a movement which seeks merely to effect some change of minor importance to prevent the exercise of gov’t authority w/ respect to particular matters or subjects Actual clash of arms w/ the forces of the gov’t, not necessary to convict the accused who is in conspiracy w/ others actually taking arms against the gov’t Purpose of the uprising must be shown but it is not necessary that it be accomplished A change of government w/o external participation Rising publicly and taking arms against government – actual participation. If there is no public uprising, the crime is of direct assault. Mere giving of aid or comfort is not criminal in the case of rebellion. Merely sympathizing is not participation, there must be actual participation Not necessary that there is killing, mere threat of removing Phil is sufficient Rebellion cannot be complexed with any other crime. However, illegal possession of firearms in furtherance of rebellion is distinct from the crime of rebellion. Furthermore, it is a continuing crime such along with the crime of conspiracy or proposal to commit such A private crime may be committed during rebellion. Examples: killing, possessions of firearms, illegal association are absorbed. Rape, even if not in furtherance of rebellion cannot be complexed If killing, robbing were done for private purposes or for profit, without any political motivation, the crime would be separately be punished and would not be embraced by rebellion (People v. Fernando) Person deemed leader of rebellion in case he is unknown: Any person who in fact: a. directed the others b. spoke for them c. signed receipts and other documents issued in their name d. performed similar acts on behalf of the rebels Persons liable for rebellion: i. Any person who: 1. promotes 2. maintains, or 3. heads a rebellion or insurrection; or ii. Any person who, while holding any public office or employment, takes part therein by: 1. engaging in war against the forces of the government 2. destroying property or committing serious violence 3. exacting contributions or diverting public funds from the lawful purpose for which they have been appropriated (Note: ―diverting public funds‖ is malversation absorbed in rebellion); 4. Any person merely participating or executing the command of others in rebellion Serious violence is that inflicted upon civilians, which may result in homicide. It is not limited to hostilities against the armed force.

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ELEMENTS: a. That there be – 1. public uprising and 2. taking arms against the government (force/violence) b. That the purpose of the uprising or movement is either 1. to remove from the allegiance to said government or its laws – i. the territory of the Philippines or any part thereof, or ii. any body of land, naval or other armed forces, or 2. to deprive the chief executive or congress, wholly or partially, of any of their powers or prerogatives

Coup d e’tat143
ELEMENTS: a. Swift attack b. Accompanied by violence, intimidation, threat, strategy or stealth c. Directed against: 1. 2. 3. 4. 5. 6. 7. 8. duly constituted authorities any military camp or installation communication networks or public utilities other facilities needed for the exercise and continued possession of power Singly or simultaneously carried out anywhere in the Philippines Committed by any person or persons belonging to the military or police or holding any public office or employment; with or without civilian support or participation With or without civilian support or participation Purpose of seizing or diminishing state power

a. b.

Public officer must take active part because mere silence or omission not punishable in rebellion It is not a defense in rebellion that the accused never took the oath of allegiance to, or that they never recognized the government c. Rebellion cannot be complexed with murder and other common crimes committed in pursuance of the movement to overthrow the government d. Killing, robbing etc. for private persons or for profit, without any political motivation, would be separately punished and would not be absorbed in the rebellion. 143 Art. 134-A

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Treason Nature of Crime against Crime National Security Overt levying war against Acts the gov’t; OR adherence and giving aid or comfort to enemies Purpose Deliver the gov’t of to enemy during objective war

Rebellion Crime against Public Order Public uprising AND Taking up arms against the gov’t

Coup d’etat Crime against Public Order See article.

Sedition Crime against Public Order Rising publicly or tumultuously (caused by more than 3 armed men or provided with means of violence)

See article.

Seizing or See enumeration in diminishing article. state power.

In Government Service Not in Government Service Anyone who leads, directs, commands others to Anyone who participates or in an manner, undertake a coup. supports, finances, abets, aids in a coup. Conspiracy to commit rebellion or insurrection144 ELEMENTS: a. 2 more persons come to an agreement to rise publicly and take arms against the government b. For any of the purposes of rebellion c. They decide to commit it Proposal to commit rebellion or insurrection145 ELEMENTS: a. A person who has decided to rise publicly and take arms the government b. For any of the purposes of rebellion c. Proposes its execution to some other person/s

144 145

Art. 136 Organizing a group of soldiers, soliciting membership in, and soliciting funds for the organization show conspiracy to overthrow the gov’t The mere fact of giving and rendering speeches favoring Communism would not make the accused guilty of conspiracy if there’s no evidence that the hearers then and there agreed to rise up in arms against the gov’t Conspiracy must be immediately prior to rebellion If it is during the rebellion, then it is already taking part in it.

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Disloyalty of public officers and employees146 ELEMENTS: a. Failing to resist rebellion by all the means in their power b. Continuing to discharge the duties of their offices under the control of rebels c. Accepting appointment to office under rebels Inciting to rebellion or insurrection147 ELEMENTS: a. That the offender does not take arms or is not in open hostility against the government b. That he incites others to the execution of any of the acts of rebellion c. That the inciting is done by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end Proposal to Commit Rebellion (136) Inciting to Rebellion (138) The person who proposes has decided to Not required that the offender has decided commit rebellion. to commit rebellion. The person who proposes the execution of The inciting is done publicly. the crime uses secret means.

146

Art. 137 Presupposes existence of rebellion Must not be in conspiracy with rebels or coup plotters If there are means to prevent the rebellion but did not resist it, then there’s disloyalty. If there are no means, no fault If position is accepted in order to protect the people, not covered by this The collaborator must not have tried to impose the wishes of the rebels of the people. 147 Art. 138 Intentionally calculated to seduce others to rebellion There must be uprising to take up arms and rise publicly for the purposes indicated in Art 134

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Sedition148 ELEMENTS: a. That the offenders rise – 1. Publicly149 2. Tumultuously150 b. That they employ force, intimidation, or other means outside of legal methods c. That the offenders employ any of those means to attain any of the following objects: 1. to prevent the promulgation or execution of any law or the holding of any popular election 2. to prevent the national government, or any provincial or municipal government, or any public thereof from freely exercising its or his functions, or prevent the execution of any administrative order 3. to inflict any act or hate or revenge upon the person or property of any public officer or employee 4. to commit for any political or social end, any act of hate or revenge against private persons or any social class (hence, even private persons may be offended parties) 5. to despoil, for any political or social end, any person, municipality or province, or the national government of all its property or any part thereof

148

Art. 139 Sedition: raising of commotion or disturbances in the State. Its ultimate object is a violation of the public peace or at least such measures that evidently engenders it. Difference from rebellion – object or purpose of the surprising. For sedition – sufficient that uprising is tumultuous. In rebellion – there must be taking up of arms against the government. Sedition – purpose may be either political or social. In rebellion – always political Tumultuous – caused by more than 3 persons who are armed or provided with means of violence Preventing public officers from freely exercising their functions In sedition – offender may be a private or public person (Ex. Soldier) Public uprising and the object of sedition must concur Q: Are common crimes absorbed in sedition? In P v. Umali, SC held that NO. Crimes committed in that case were independent of each other. Preventing election through legal means – NOT sedition But when sugar farmers demonstrated and destroyed the properties of sugar barons – sedition Persons liable for sedition: a. leader of the sedition, and b. other persons participating in the sedition 149 if no public uprising = tumult and other disturbance of public order 150 vis-à-vis rebellion where there must be a taking of arms

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Inciting to sedition151 ELEMENTS: a. That the offender does not take a direct part in the crime of sedition b. That he incites others to the accomplishment of any of the acts which constitute sedition (134) c. That the inciting is done by means of speeches, proclamations, writing, emblems, cartoons, banners, or other representations tending to the same end (purpose: cause commotion not exactly against the government; actual disturbance not necessary) II. CRIMES AGAINST POPULAR REPRESENTATION Acts tending to prevent the meeting of congress and similar bodies152 ELEMENTS: a. That there be a projected or actual meeting of Congress or any of its committees or subcommittees, constitutional commissions or committees or division thereof, or of any provincial board or city or municipal council or board b. That the offender who may be any persons prevents such meeting by force or fraud Disturbance of proceedings153 ELEMENTS: a. That there be a meeting of Congress or any of its committees, constitutional commissions or committees or divisions thereof, or of any provincial board or city or municipal council or board
151

Art.142 Different acts of inciting to sedition: a. Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches, proclamations, writings, emblems etc. b. Uttering seditious words or speeches which tend to disturb the public peace or writing, publishing, or circulating scurrilous [vulgar, mean, libelous] libels against the government or any of the duly constituted authorities thereof, which tend to disturb the public peace c. Knowingly concealing such evil practices When punishable: a. when they tend to disturb or obstruct any lawful officer in executing the functions of his office; or b. when they tend to instigate others to cabal and meet together for unlawful purposes c. when they suggest or incite rebellious conspiracies or riots; or d. when they lead or tend to stir up the people against the lawful authorities or to disturb the peace of the community, the safety and order of the government 152 Art. 143 Chief of Police and mayor who prevented the meeting of the municipal council are liable under Art 143, when the defect of the meeting is not manifest and requires an investigation before its existence can be determined. 153 Art. 144 Complaint must be filed by member of the Legislative body. Accused may also be punished for contempt

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b. That the offender does any of the following acts 1. he disturbs any of such meetings 2. he behaves while in the presence of any such bodies in such a manner as to interrupt its proceedings or to impair the respect due it Violation of parliamentary immunity154 Acts punishable: a. By using force, intimidation, threats, or frauds to prevent any member of Congress from – 1. attending the meeting of the assembly or any of its committees, constitutional commissions or committees or divisions thereof, or from 2. expressing his opinions or 3. casting his vote b. By arresting or searching any member thereof while Congress is in a regular or special session, except in case such member has committed a crime punishable under the code by a penalty higher than prision mayor Elements: 1. That the offender is a public officer or employee 2. That he arrests or searches any member of Congress 3. That Congress, at the time of arrest or search, is in a regular or special session 4. That the member searched has not committed a crime punishable under the code by a penalty higher than prision mayor155 .

154

Art. 145 Article partly inoperative because of the 1987 Constitution 155 1987 constitution: privilege from arrest while congress in session in all offenses punishable by not more than 6 years imprisonment.

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III. ILLEGAL ASSEMBLIES AND ASSOCIATIONS Illegal assemblies156 Two (2) Types: a. Meeting of the first form 1. Meeting, gathering or group of persons whether in a fixed place or moving 2. purpose : to commit any of crimes punishable under the code 3. meeting attended by armed persons b. Meeting of the second form 1. Meeting, gathering or group of persons whether in a fixed place or moving 2. Audience whether armed or not, is incited to the commission of the crime of treason, rebellion or insurrection, sedition or direct assault. Illegal associations157 ELEMENTS: a. Organized totally or partially for the purpose of committing any of the crimes in RPC b. Or for some purpose contrary to public morals Persons liable: a. founders, directors and president of the association b. mere members of the association

156

Art. 146 Not all the persons present at the meeting of the first form of illegal assembly must be armed Persons liable for illegal assembly a. the organizers or leaders of the meeting b. persons merely present at the meeting (except when presence is out of curiosity – not liable) Responsibility of persons merely present at the meeting a. if they are not armed, penalty is arresto mayor b. if they carry arms, like bolos or knives, or licensed firearms, penalty is prision correccional Presumptions if person present at the meeting carries an unlicensed firearm: a. purpose of the meeting is to commit acts punishable under the RPC b. considered as leader or organizer of the meeting 157 Art. 147

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Illegal Assembly Must be an actual meeting of armed persons to commit any of the crimes punishable under the RPC, or of individuals who, although not armed, are incited to the commission of treason, rebellion, sedition or assault upon a person in authority of his agent. It is the meeting and the attendance at such that are punished Persons liable: leaders and those present

Illegal Association No need for such

Act of forming or organizing and membership in the association Founders, directors, president and members

IV. ASSAULT, RESISTANCE AND DISOBEDIENCE Direct assault158 ELEMENTS OF THE 1ST FORM OF DIRECT ASSAULT a. That the offender employs force or intimidation. b. That the aim of the offender is to attain any of the purposes of the crime of rebellion or any of the objects of the crimes of sedition. (victim need not be person in authority) c. That there is no public uprising.
158

Art.148 Direct assault cannot be committed during rebellion. Always complexed with the material consequence of the act (e.g. direct assault with murder) except if resulting in a light felony, in which case, the consequence is absorbed Hitting the policeman on the chest with fist is not direct assault because if done against an agent of a person in authority, the force employed must be of serious character The force employed need not be serious when the offended party is a person in authority (ex. Laying of hands) The intimidation or resistance must be serious whether the offended party is an agent only or a person in authority (ex. Pointing a gun) Even when the person in authority or the agent agrees to fight, still direct assault. When the person in authority or the agent provoked/attacked first, innocent party is entitled to defend himself and cannot be held liable for assault or resistance nor for physical injuries, because he acts in legitimate self-defense There can be no assault upon or disobedience to one authority by another when they both contend that they were in the exercise of their respective duties. When assault is made by reason of the performance of his duty there is no need for actual performance of his official duty when attacked Circumstances qualifying the offense (Qualified Assault): a. when the assault is committed with a weapon b. when the offender is a public officer or employee c. when the offender lays hand upon a person in authority Complex crime of direct assault with homicide or murder, or with serious physical injuries.

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ELEMENTS OF THE 2ND FORM OF DIRECT ASSAULT: a. That the offender (a) makes an attack, (b) employs force, (c) makes a serious intimidation, or (d) makes a serious resistance. b. That the person assaulted is a person in authority or his agent. c. That at the time of the assault the person in authority or his agent (a) is engaged in the actual performance of official duties (motive is not essential), or that he is assaulted (b) by reason of the past performance of official duties (motive is essential). d. That the offender knows that the one he is assaulting is a person in authority or his agent in the exercise of his duties (with intention to offend, injure or assault). e. That there is no public uprising. Force Employed Need not be serious Must be of serious character Intimidation/Resistance Serious Serious

Person in Authority Agent Indirect assault159 ELEMENTS:

a. That a person in authority or his agent is the victim of any of the forms of direct assault defined in ART. 148. b. That a person comes to the aid of such authority or his agent. c. That the offender makes use of force or intimidation upon such person coming to the aid of the authority or his agent. Disobedience to summons160 Acts punishable: a. b. c. d. e. refusing without legal excuse to obey summons refusing to be sworn or placed under affirmation refusing to answer any legal inquiry to produce books, records etc. restraining another from attending as witness in such body inducing disobedience to a summons or refusal to be sworn

159

Art.149 Indirect assault can be committed only when a direct assault is also committed To be indirect assault, the person who should be aided is the agent (not the person in authority because it is already direct assault, the person coming to the aid of the person in authority being considered as an agent and an attack on the latter is already direct assault). Example. Aiding a policeman under attack. 160 Art. 150

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Resistance and disobedience to a person in authority or the agent of such person161 (par. 1) ELEMENTS: a. That a person in authority or his agent is engaged in the performance of official duty or gives a lawful order to the offender. b. That the offender resists or seriously disobeys such person in authority or his agent. c. That the act of the offender is not included in the provisions of arts. 148, 149 and 150. Simple disobedience (par. 2) ELEMENTS: a. That an agent of a person in authority is engaged in the performance of official duty gives a lawful order to the offender. b. That the offender disobeys such agent of a person in authority. c. That such disobedience is not of a serious nature. Resistant and Disobedience to a Person in Authority or Agents of such Person PIA or his agent must be engaged in the PIA or his agent must be in the actual performance of official duties or that he is performance of his duties. assaulted Direct assault is committed in 4 ways – by Committed by resisting or seriously disobeying attacking, employing force, and seriously a PIA or his agent. resisting a PIA or his agent. Use of force against an agent of PIA must Use of force against an agent of a PIA is not be serious and deliberate. so serious; no manifest intention to defy the law and the officers enforcing it. Direct Assault

161

Art. 151

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PERSONS IN AUTHORITY/AGENTS OF PERSONS IN AUTHORITY162: Persons in Authority163 – any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board or commission. a. b. c. d. e. Barangay captain Barangay chairman Teachers Professors Persons charged with the supervision of public or duly recognized private schools, colleges and universities f. 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. a. b. c. d. e. f. g. h. i. Barrio councilman Barrio policeman Barangay leader municipal treasurer postmaster Sheriff agents of the BIR Malacañang confidential agent Any person who comes to the aid of persons in authority

162 163

Art. 152 Sec. 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, while 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.

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V. CRIMES AGAINST PUBLIC DISORDERS Types of tumults and other disturbances of public order164 a. Causing any serious disturbance in a public place, office or establishment b. Interrupting or disturbing public performances, functions, gatherings or peaceful meetings, if the act is not included in Art 131 and 132 (Public Officers interrupting peaceful meetings or religious worship). c. Making any outcry tending to incite rebellion or sedition in any meeting, association or public place d. Displaying placards or emblems which provoke a disturbance of public order in such place e. Burying with pomp the body of a person who has been legally executed. Types of unlawful use of means of publication and unlawful utterances165 a. Publishing or causing to be published, by means of printing, lithography or any other means of publication as news any false news which may endanger the public order, or cause damage to the interest or credit of the State. b. Encouraging disobedience to the law or to the constituted authorities or by praising, justifying or extolling any act punished by law, by the same means or by words, utterances or speeches c. Maliciously publishing or causing to be published any official resolution or document without proper authority, or before they have been published officially d. Printing, publishing or distributing or (causing the same) books, pamphlets, periodicals or leaflets which do not bear the real printer’s name or which are classified as anonymous. Types of alarms and scandals166 a. Discharging any firearm, rocket, firecracker, or other explosive within any town or public place, calculated to cause alarm or danger b. Instigating or taking active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility c. Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusement

164

Art. 153 If the act of disturbing or interrupting a meeting or religious ceremony is NOT committed by public officers, or if committed by public officers they are not participants therein, this article applies. Art 131 and 132 punishes the same acts if committed by public officers who are NOT participants in the meeting The outcry is merely a public disorder if it is an unconscious outburst which, although rebellious or seditious in nature, is not intentionally calculated to induce others to commit rebellion or sedition, otherwise, its inciting to rebellion or sedition. STumultuous – if caused by more than 3 persons who are armed or provided with means of violence (circumstance qualifying the disturbance/interruption) – ―tumultuous in character‖ 165 Art. 154 166 Art. 155

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d. Causing any disturbance or scandal in public places while intoxicated or otherwise, provided the act is not covered by Art 153 (tumult).    Charivari – mock serenade or discordant noises made with kettles, tin horns etc, designed to deride, insult or annoy Firearm must not be pointed at a person, otherwise, it is illegal discharge What governs is the result, not the intent Nature of Crime other Crime against Public Order Crime against Public Order Who are Liable Private persons, outsider Private persons, outsider

CRIME Tumults and Disturbances Alarms and Scandals

ELEMENTS OF DELIVERING PRISONERS FROM JAILS167 a. That there is a person confined in a jail or penal establishment. b. That the offender removes therefor such person, or helps the escape of such person (if the escapee is serving final judgement, he is guilty of evasion of sentence). c. Offender is a private individual

167

Art. 156 Prisoner may be detention prisoner or one sentenced by virtue of a final judgment A policeman assigned to the city jail as guard who while off-duty released a prisoner is liable here It may be committed through negligence Circumstances qualifying the offense – is committed by means of violence, intimidation or bribery. Mitigating circumstance – if it takes place outside the penal establishment by taking the guards by surprise

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VI. EVASION OF SENTENCE OR SERVICE ELEMENTS168 a. That the offender is a convict by final judgment. b. That he is serving his sentence which consists in deprivation of liberty169 c. That he evades the service of his sentence by escaping during the term if his sentence170. ELEMENTS OF EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF DISORDERS, CONFLAGRATIONS, EARTHQUAKES OR OTHER CALAMITIES171 a. That the offender is a convict by final judgment who is confined in a penal institution. b. That there is disorder, resulting from1. conflagration, 2. earthquake, 3. explosion, or 4. similar catastrophe, or 5. mutiny in which he has not participated. c. That the offender evades the service of his sentence by leaving the penal institution where he is confined, on the occasion of such disorder or during the mutiny. d. That the offender fails to give himself up to the authorities within 48 hours following the insurance of a proclamation by the chief executive announcing the passing away of such calamity.

168

Art. 157 A continuing offense. Offenders – not minor delinquents nor detention prisoners If escaped within the 15 day appeal period – no evasion No applicable to deportation as the sentence Flimsy excuse for violating destierro – not acceptable Circumstances qualifying the offense (done thru): a. unlawful entry (by ―scaling‖) b. breaking doors, windows, gates, walls, roofs or floors c. using picklocks, false keys, disguise, deceit, violence or intimidation d. connivance with other convicts or employees of the penal institution 169 destierro included 170 fact of return immaterial 171 Art. 158 Penalty: an increase by 1/5 of the time remaining to be served under the original sentence, in no case to exceed 6 months. Offender must escape to be entitled to allowance Mutiny – organized unlawful resistance to a superior officer, a sedition, a revolt Disarming the guards is not mutiny

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Violation of conditional pardon172 ELEMENTS: a. That the offender was a convict. b. That he was granted a conditional pardon by the chief executive. c. That he violated any of the conditions of such pardon. VIOLATION OF PARDON ORDINARY EVASION Infringement of conditions/terms of To evade the penalty given by the courts – President disturbs the public order

a. Decree Codifying the Laws on Illegal / Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition, of Firearms, Ammunition or Explosives173 as an element of the crimes of rebellion, insurrection, sedition, or attempted coup d’etat174 b. Human Security Act of 2007175 (1) Punishable acts of terrorism176 (2) Who are liable177 (3) Absorption principle in relation to complex crimes

172

Art. 159 Condition extends to special laws – violation of illegal voting Offender must have been found guilty of the subsequent offense before he can be prosecuted under this Article. But if under Revised Admin Code, no conviction necessary. President has power to arrest, reincarnate offender without trial 173 P.D. 1866, as amended by R.A. 8294 174 supra 175 R.A. 9372 176 supra 177 Ibid.

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4. Crimes Against Public Interest Counterfeiting great seal of government178 TYPES: a. Forging the great seal of the Government b. Forging the signature of the President c. Forging the stamp of the President Using forged signature or counterfeit seal or stamp179 ELEMENTS: a. That the great seal of the republic was counterfeited or the signature or stamp of the chief executive was forged by another person. b. That the offender knew of the counterfeiting or forgery. c. That he used the counterfeit seal or forged signature or stamp. Making and importing and uttering false coins180 ELEMENTS : a. That there be false or counterfeited coins181 b. That the offender either made, imported or uttered such coins. c. That in case of uttering such false or counterfeited coins, he connives with counterfeiters or importers.

178

Art. 161 When the signature of the President is forged, it is not falsification but forging of signature under this article Signature must be forged, others signed it – not the President. 179 Art. 162 Offender is NOT the forger/not the cause of the counterfeiting 180 Art. 163 Coin is counterfeit – if it is forged, or if it is not an article of the government as legal tender, regardless if it is of no value 181 need not be legal tender Counterfeiting – imitation of legal or genuine coin (may contain more silver, different design) such as to deceive an ordinary person in believing it to be genuine Utter – to pass counterfeited coins, deliver or give away Import – to bring to port the same Both Philippine and foreign state coins Applies also to coins withdrawn from circulation Essence of article: making of coins without authority

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Acts punished 1. 2. Mutilating coins of the legal currency, with the further requirements that there be intent to damage or to defraud another; Importing or uttering such mutilated coins, with the further requirement that there must be connivances with the mutilator or importer in case of uttering. The first acts of falsification or falsity are – (1) (2) (3) Counterfeiting – refers to money or currency; Forgery – refers to instruments of credit and obligations and securities issued by the Philippine government or any banking institution authorized by the Philippine government to issue the same; Falsification – can only be committed in respect of documents. In so far as coins in circulation are concerned, there are two crimes that may be committed: (1) (2) Counterfeiting coins182 -- This is the crime of remaking or manufacturing without any authority to do so. Mutilation of coins -- This refers to the deliberate act of diminishing the proper metal contents of the coin either by scraping, scratching or filling the edges of the coin and the offender gathers the metal dust that has been scraped from the coin. Requisites of mutilation under the Revised Penal Code: (1) (2) (3) Coin mutilated is of legal tender; Offender gains from the precious metal dust abstracted from the coin; and It has to be a coin183.

182

In the crime of counterfeiting, the law is not concerned with the fraud upon the public such that even though the coin is no longer legal tender, the act of imitating or manufacturing the coin of the government is penalized. In punishing the crime of counterfeiting, the law wants to prevent people from trying their ingenuity in their imitation of the manufacture of money. It is immaterial whether the coin is legal tender or not because the intention of the law is to put an end to the practice of imitating money and to discourage anyone who might entertain the idea of imitating money (People vs. Kong Leon). 183 There is no expertise involved here. In mutilation of coins under the Revised Penal Code, the offender does nothing but to scrape, pile or cut the coin and collect the dust and, thus, diminishing the intrinsic value of the coin. Mutilation of coins is a crime only if the coin mutilated is legal tender. If it is not legal tender anymore, no one will accept it, so nobody will be defrauded. But if the coin is of legal tender, and the offender minimizes or decreases the precious metal dust content of the coin, the crime of mutilation is committed. The offender must deliberately reduce the precious metal in the coin. Deliberate intent arises only when the offender collects the precious metal dust from the mutilated coin. If the offender does not collect such dust, intent to mutilate is absent, but Presidential Decree No. 247 will apply.

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Multilation of coins – importation and utterance184 This has been repealed by PD 247185. (Defacement, Mutilation, Tearing, Burning or Destroying Central Bank Notes and Coins) Mutilation – to take off part of the metal either by filling it or substituting it for another metal of inferior quality, to diminish by inferior means (to diminish metal contents). Foreign notes and coins not included. Must be legal tender. Must be intention to mutilate. Selling of false or mutilated coin, without connivance186 2 Types: a. Possession of coin, counterfeited or mutilated by another person, with intent to utter the same, knowing that it is false or mutilated. ELEMENTS: 1 possession 2. with intent to utter, and 3 knowledge b. Actually uttering such false or mutilated coin, knowing the same to be false or mutilated. ELEMENTS: 1. actually uttering, and 2. knowledge.

184 185

Art. 164 Under this PD, the acts punishable are: a. willful defacement b. mutilation c. tearing d. burning e. destruction of Central Bank notes and coins Mutilation under the Revised Penal Code is true only to coins. It cannot be a crime under the Revised Penal Code to mutilate paper bills because the idea of mutilation under the code is collecting the precious metal dust. However, under Presidential Decree No. 247, mutilation is not limited to coins. 186 Art. 165 Possession does not require legal tender in foreign coins Includes constructive possession

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Forging treasury or bank notes – importing and uttering187 Acts punishable: a. Forging or falsity of treasury/bank notes or documents payable to bearer b. Importing of such notes c. Uttering of such false or forged obligations and notes in connivance with forgers and importers Counterfeiting, importing, and uttering instruments not payable to bearer188 ELEMENTS a. That there be an instrument payable to order or other document of credit not payable to bearer. b. That the offender either forged, imported or uttered such instruments. c. That in case of uttering, he connived with the forger or importer. Illegal possession and use of false treasury or bank notes and other instrument of credit189 ELEMENTS: a. That any treasury or bank note or certificate or other obligation and security payable to bearer, or any instrument payable to order or other document of credit not payable to bearer is forged or falsified by another person. b. That the offender knows that any of those instruments is forged or falsified. c. That he performs any of these acts – 1. using any of such forged or falsified instrument, or 2. possessing with intent to use any of such forged or falsified instrument. Act sought to be punished: Knowingly possessing with intent to use any of such forged treasury or bank notes
187

Art. 166 Forging – by giving a treasury or bank note or document payable to bearer/order an appearance of a true and genuine document Falsification – by erasing, substituting, counterfeiting or altering by any means the figures and letters, words, signs contained therein E.g. falsifying – lotto or sweepstakes ticket. Attempted estafa through falsification of an obligation or security of the Phil PNB checks not included here – it’s falsification of commercial document under Article 172 Obligation or security includes: bonds, certificate of indebtedness, bills, national bank notes, coupons, treasury notes, certificate of deposits, checks, drafts for money, sweepstakes money If the falsification is done on a document that is classified as a government security, then the crime is punished under Article 166. On the other hand, if it is not a government security, then the offender may either have violated Article 171 or 172. 188 Art. 167 189 Art. 168

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FORGERY190 How forgery is committed: a. by giving to a treasury or bank note or any instrument payable to bearer or to order, the appearance of a true and genuine document b. by erasing, substituting, counterfeiting, altering by any means the figures, letters or words, or signs contained therein. Five classes of falsification:191 (1) (2) (3) (4) (5) Falsification of legislative documents; Falsification of a document by a public officer, employee or notary public; Falsification of a public or official, or commercial documents by a private individual; Falsification of a private document by any person; Falsification of wireless, telegraph and telephone messages. Distinction between falsification and forgery192 legislative (only the act of making alteration), public or official, commercial, or private documents, or wireless, or telegraph messages.

Falsification is the commission of any of the eight acts mentioned in Article 171 on

The term forgery as used in Article 169 refers to the falsification and counterfeiting of treasury or bank notes or any instruments payable to bearer or to order.

190

Article 169 If all acts done but genuine appearance is not given, the crime is frustrated Forgery under the Revised Penal Code applies to papers, which are in the form of obligations and securities issued by the Philippine government as its own obligations, which is given the same status as legal tender. Generally, the word ―counterfeiting‖ is not used when it comes to notes; what is used is ―forgery.‖ Counterfeiting refers to money, whether coins or bills. Notice that mere change on a document does not amount to this crime. The essence of forgery is giving a document the appearance of a true and genuine document. Not any alteration of a letter, number, figure or design would amount to forgery. At most, it would only be frustrated forgery. When what is being counterfeited is obligation or securities, which under the Revised Penal Code is given a status of money or legal tender, the crime committed is forgery. 191 The crime of falsification must involve a writing that is a document in the legal sense. The writing must be complete in itself and capable of extinguishing an obligation or creating rights or capable of becoming evidence of the facts stated therein. Until and unless the writing has attained this quality, it will not be considered as document in the legal sense and, therefore, the crime of falsification cannot be committed in respect thereto. 192 Forging and falsification are crimes under Forgeries.

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Falsification of legislative documents193 ELEMENTS : a. That these be a bill, resolution or ordinance enacted or approved or pending approval by the national assembly or any provincial board or municipal council194. b. That the offender (any person) alters the same. c. That he has no proper authority therefor. d. That the alteration has changed the meaning of the document. Falsification of documents by public officer, employee, or notary or ecclestastical minister195 ELEMENTS: a. b. c. That the offender is a public officer, employee, or notary public. That he takes advantage of his official position. That he falsifies a document by committing any of the following acts:

1. Counterfeiting or imitating any handwriting, signature or rubric. Requisites: i. ii. That there be an intent to imitate, or an attempt to imitate That the two signatures or handwritings, the genuine and the forged, bear some resemblance196, to each other

2. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate. 3. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them.

193

Article 170 Accused must not be a public official entrusted with the custody or possession of such document otherwise Art 171 applies . The falsification must be committed on a genuine, true and authentic legislative document. If committed on a simulated, spurious or fabricated legislative document, the crime is not punished under this article but under Article 171 or 172. 194 The words "municipal council" should include the city council or municipal board – Reyes 195 Article 171 196 lack of similitude/imitation of a genuine signature will not be a ground for conviction under par. 1 but such is not an impediment to conviction under par. 2

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Requisites: i. ii. That the offender caused it to appear in a document that a person/s participated in an act or a proceeding; and That such person/s did not in fact so participate in the act or proceeding

4. Making untruthful statements in a narration of facts197; Requisites: i. ii. iii. iv. That the offender makes in a document statements in a narration of facts That he has a legal obligation to disclose the truth of the facts narrated by him; (required by law to be done) and That the facts narrated by the offender are absolutely false; and That the perversion or truth in the narration of facts was made with the wrongful intent of injuring a third person

5. Altering true dates198. 6. Making any alteration or intercalation in a genuine document which changes its meaning. Requisites: i. ii. iii. iv. That there be an alteration (change) or intercalation (insertion) on a document That it was made on a genuine document That the alteration/intercalation has changed the meaning of the document That the change made the document speak something false.

7. Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists, or including in such copy a statement contrary to, or different from, that of the genuine original199; or
197

For one to be held criminally liable, the untruthful statement must be such as to effect the integrity of the document or to change the effects which it would otherwise produce. Legal obligation means that there is a law requiring the disclosure of the truth of the facts narrated. Ex. Residence certificates The person making the narration of facts must be aware of the falsity of the facts narrated by him. This kind of falsification may be committed by omission There must be a narration of facts, not a conclusion of law. Must be on a material matter 198 Date must be essential The document must be material to the right created or to the obligation that is extinguished. 199 if no knowledge, falsification through negligence The acts of falsification mentioned in this paragraph are committed by a public officer or by a notary public who takes advantage of his official position as custodian of the document. It can also refer to a public officer or notary who prepared and retained a copy of the document. The falsification can be done in two ways. It can be a certification purporting to show that the document issued is a copy of the original on

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8. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book200. Persons liable – public officer, employee or notary public or ecclesiastical minister201

record when no such original exists. It can also be in the form of a certification to the effect that the document on file contains statements or including in the copy issued, entries which are not found on contrary to, or different from the original genuine document on file. 200 genuine document In case the offender is an ecclesiastical minister, the act of falsification is committed with respect to any record or document of such character that its falsification may affect the civil status of persons. There is no crime of attempted or frustrated falsification of public document Alteration or changes to make the document speak the truth do not constitute falsification. (US vs. Mateo, 25 Phil. 324) 201 Either he has duty to intervene in the preparation of the document or it may be a situation wherein the public officer has official custody of the document. So even if the offender is a public officer, if her causes the falsification of a document which is not in his official custody or if the falsification committed by him is not related whatsoever to the performance of his duties, he will still be liable for falsification but definitely not under this Article but under Article 172. (falsification of documents by a private person) DOCUMENT: Any written instrument which establishes a right or by which an obligation is extinguished. A deed or agreement executed by a person setting forth any disposition or condition wherein rights and obligations may arise. FOUR KINDS OF DOCUMENTS: (1) Public document in the execution of which, a person in authority or notary public has taken part; (2) Official document in the execution of which a public official takes part; (3) Commercial document or any document recognized by the Code of Commerce or any commercial law; and (4) Private document in the execution of which only private individuals take part. Public document is broader than the term official document. Before a document may be considered official, it must first be a public document. But not all public documents are official documents. To become an official document, there must be a law which requires a public officer to issue or to render such document. Example: A cashier is required to issue an official receipt for the amount he receives. The official receipt is a public document which is an official document. Writing may be on anything as long as it is a product of the handwriting, it is considered a document. Not necessary that what is falsified is a genuine or real document, enough that it gives an appearance of a genuine article As long as any of the acts of falsification is committed, whether the document is genuine or not, the crime of falsification may be committed. Even totally false documents may be falsified. Counterfeiting – imitating any handwriting, signature or rubric Feigning – simulating a signature, handwriting, or rubric out of one of which does not in fact exist It does not require that the writing be genuine. Even if the writing was through and through false, if it appears to be genuine, the crime of falsification is nevertheless committed.

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Falsification of public, official, or commercial document by a private individual 202 (par 1) ELEMENTS: a. That the offender is a private individual or a public officer or employee who did not take advantage of his official position. b. That he committed any of the acts of falsification enumerated in ART. 171. 1. Counterfeiting or imitating any handwriting, signature or rubric. 2. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participated. 3. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them. 4. Making untruthful statements in a narration of facts; 5. Altering true dates. 6. Making any alteration or intercalation in a genuine document which changes its meaning. c. That the falsification was committed in any public or official or commercial document203.

Falsification of private document204
202

Art. 172 Defense: lack of malice or criminal intent The following writings are public: a. the written acts or records of acts of the sovereign authority of official bodies and tribunals, and of the public officers, legislative, judicial and executive, whether of the Philippines or of a foreign country. b. Public records kept in the Philippines. Examples of commercial documents – warehouse receipts, airway bills, bank checks, cash files, deposit slips and bank statements, journals, books, ledgers, drafts, letters of credit and other negotiable instruments There is a complex crime of estafa through falsification of public, official or commercial document. In the crime of estafa, damage or intent to cause damage is not an element. It is sufficient that the offender committed or performed the acts of falsification as defined and punished under Article 171. The two offenses can co-exist as they have distinct elements peculiar to their nature as a crime. When the falsification is committed because it is necessary to commit estafa, what we have is a complex crime defined and punished under Article 48 of the Revised Penal Code. There is a complex crime of falsification of pubic documents through reckless imprudence. Cash disbursement vouchers or receipts evidencing payments are not commercial documents A mere blank form of an official document is not in itself a document The possessor of falsified document is presumed to be the author of the falsification 203 Under this paragraph, damage is not essential, it is presumed If the falsification of public, official or commercial documents, whether they be public official or by private individuals, it is not necessary that there be present the idea of gain or the intent to injure a third person. What is punished under the law is the violation of public faith and the perversion of the truth as solemnly proclaimed by the nature of the document. (Sarep vs. Sandiganbayan)

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ELEMENTS :
204

under paragraph 2 of art. 172 Not necessary that the offender profited or hoped to profit from the falsification Falsification of a private document is consummated when such document is actually falsified with the intent to prejudice a third person whether such falsified document is or is not thereafter put to illegal use for which it is intended. (Lopez vs. Paras, 36 Phil. 146) What is emphasized at this point is the element of falsification of private document. There must be intent to cause damage or damage is actually caused. The intention is therefore must be malicious or there is deliberate intent to commit a wrong. Reckless imprudence is incompatible with malicious intent. Falsification is not a continuing offense There is no falsification through reckless imprudence if the document is a private document. Falsification by omission Mere falsification of a private document is not enough to commit crime under paragraph 2 of Article 172. Two acts must be done by the offender. 1) He must have performed in the private document the falsification contemplated under Article 171. 2) He must have performed an independent act which operates to cause damage or prejudice to a third person. The third person mentioned herein may include the government. Damage is not limited to money or pecuniary prejudice. Damage to one’s honor, reputation or good name is included. A document falsified as a necessary means to commit another crime must be public, official or commercial There is no complex crime of estafa through falsification of a private document because the immediate effect of the latter is the same as that of estafa If a private document is falsified to cause damage to the offended party, the crime committed is falsification of a private document. Remember that in estafa, damage or intent to cause damage is an indispensable element of the crime. The same element is necessary to commit the crime of falsification of private document. Since they have a common element, such element cannot be divided into the two parts and considered as two separate offenses. There is no complex crime of estafa with falsification because deceit is a common element of both. One and the same deceit or damage cannot give rise to more than one crime. It is either estafa or falsification. Criteria to determine whether the crime is estafa only or falsification only : IF the falsification of the private document was essential in the commission of estafa because the falsification, estafa cannot be committed, the crime is falsification; estafa becomes the consequence of the crime. IF the estafa can be committed even without resorting to falsification, the latter being resorted only to facilitate estafa, the main crime is estafa; falsification is merely incidental, since even without falsification, estafa can be committed. If the estafa was already consummated at the time of the falsification of a private document was committed for the purpose of concealing the estafa, the falsification is not punishable, because as regards the falsification of the private document there was no damage or intent to cause damage. A private document which is falsified to obtain money from offended party is a falsification of private document only. 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 The crime is falsification of public documents even if falsification took place before the private document becomes part of the public records Examples: An employee of a private company who punches the bundy clock on behalf on a co-employee is guilty of falsification of a private document. One who will take the civil service examination for another and makes it appear that he is the examinee is guilty of falsification of a public document.

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a. That the offender committed any of the acts of falsification, except those in paragraph 7 and 8, enumerated in art. 171. b. That the falsification was committed in any private document (must affect the truth or integrity of the document) c. That the falsification caused damage (essential element; hence, no crime of estafa thru falsification of private document) to a third party or at least the falsification was committed with intent to cause such damage. Use of falsified document205 ELEMENTS: a. Introducing in a judicial proceeding: 1. That the offender knew that a document was falsified by another person. 2. That the false document is embraced in art. 171 or in any subdivisions nos. 1 and 2 of art. 172. 3. That he introduced said document in evidence in any judicial proceeding. (intent to cause damage not necessary) b. Use in any other transaction: 1. That the offender knew that a document was falsified by another person. 2. That the false document is embraced in art. 171 or in any of subdivisions nos. 1 and 2 of art. 172. 3. That he used such documents (not in judicial proceedings). 4. That the use of the documents caused damage to another or at least was used with intent to cause such damage. The user of the falsified document is deemed the author of falsification, if: a. the use is so closely connected in time with the falsification b. the user had the capacity of falsifying the document
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par. 3, art. 172 Rules to observe in the use of a falsified document. 1. It is a crime when knowingly introduced in a judicial proceeding even if there is not intent to cause damage to another. Knowingly introducing a falsified document in a judicial proceeding, the use alone is not a crime. The mere introduction of the forged document is the crime itself. But when the falsified document is knowingly introduced in an administrative proceeding, the use alone is not a crime. There must be intent to cause damage or damage is actually inflicted. 2. Falsification of document is a separate and distinct offense from that of the use of falsified documents. So if the falsification of document was done or performed because it was necessary to the use of the same and in the commission of the crime, then we may have a complex crime defined and punished under Article 48 of the Revised Penal Code. 3. Good faith is a defense in falsification of public document.

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Falsification of Private Documents Falsification of Public/Official Documents Prejudice to third party is an element Prejudice to third persons is immaterial, what is of the offense. punished is the violation of public faith and perversion of truth which the document proclaims. Falsification of wireless, cable, telegraph, and telephone messages, and use of said falsified messages206 Acts punishable: 1. Uttering fictitious, wireless, telegraph or telephone message Requisites: a. That the offender is an officer or employee of the government or an officer or employee of a private corporation, engaged in the service of sending or receiving wireless, cable or telephone message. b. That the accused commits any of the following acts: - uttering fictitious wireless, cable, telegraph, or telephone message, or - falsifying wireless, cable, telegraph, or telephone message 2. Falsifying wireless, telegraph or telephone message Requisites: a. That the offender is an officer or employee of the government or an officer or employee of a private corporation, engaged in the service of sending or receiving wireless, cable or telephone message. b. That the accused commits any of the following acts: - uttering fictitious wireless, cable, telegraph, or telephone message, or - falsifying wireless, cable, telegraph, or telephone message 3. Using such falsified message Requisites: a. That the accused knew that wireless, cable, telegraph, or telephone message was falsified by any of the person specified in the first paragraph of art. 173. b. That the accused used such falsified dispatch.

206

Art. 173 The public officer, to be liable must be engaged in the service of sending or receiving wireless, cable and telegraph or telephone message

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c. That the use of the falsified dispatch resulted in the prejudice of a third party, or that the use thereof was with intent to cause such prejudice. Falsification of medical certificates, certificates of merit or service and the like207: Persons liable: a. Physician or surgeon who, in connection with the practice of his profession, issued a false certificate208 b. Public officer who issued a false certificate of merit of service, good conduct or similar circumstances c. Private individual who falsified a certificate under (1) and (2) Using false certificates209 ELEMENTS: a. That a physician or surgeon has issued a false medical certificate, or a public officer has issued a false certificate of merit or service, good conduct, or similar circumstances, or a private person had falsified any of said certificates. b. That the offender knew that the certificate was false. c. That he used the same. Manufacturing and possession of intruments or implements for falsification210 Acts punishable: a. Making or introducing into the Philippines any stamps, dies or marks or other instruments or implements for counterfeiting or falsification b. Possessing with intent to use the instruments or implements for counterfeiting or falsification made in or introduced into the Philippines by another person

207 208

Art. 174 Such certificate must refer to the illness or injury of a person 209 Art. 175 210 Art. 176 The implement confiscated need not form a complete set Constructive possession is also punished

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OTHER FALSITIES Usurpation of authority or official functions211 2 ways of committing the crime: a. By knowingly and falsely representing oneself to be an officer, agent or representative of any department or agency of the Philippine gov’t or any foreign gov’t212. Elements: 1. Offender knowingly and falsely represents himself; 2. As an officer, agent or representative of any department or agency of the Philippine government or of any foreign government. b. By performing an act pertaining to any person in authority or public officer of the Phil gov’t or foreign gov’t under the pretense of such official position, and without being lawfully entitled to do so. Elements: 1. Offender performs any act; 2. Pertaining to any person in authority or public officer of the Philippine government or any foreign government, or any agency thereof; 3. Under pretense of official position; 4. Without being lawfully entitled to do so.

211

Art. 177 In usurpation of authority: The mere act of knowingly and falsely representing oneself is sufficient. Not necessary that he performs an act pertaining to a public officer. In usurpation of official functions: It is essential that the offender should have performed an act pertaining to a person in authority A public officer may also be an offender The act performed without being lawfully entitled to do so must pertain: a. to the gov’t b. to any person in authority c. to any public office If the offender commits the acts of usurpation as contemplated herein, and he does it because he is a rebel and pursuant to the crime of rebellion or insurrection or sedition, he will not be liable under this article because what is attributed against him as a crime of usurpation is in fact one of the elements of committing rebellion. The elements of false pretense is necessary to commit the crime of usurpation of official function. 212 Foreign government refers to public officers duly authorized to perform governmental duties in the Philippines. The law cannot refer to other foreign governments as its application may bring us to legal problems which may infringe on constitutional boundaries.

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Using fictitious name and concealing true name213 ELEMENTS214 : a. That the offender uses a name other than his real name. b. That he uses that fictitious name publicly. c. That the purpose of the offender is – 1. To conceal a crime, 2. To evade the execution of a judgment, or 3. To cause damage to public interest. (ex. Signing fictitious name for a passport) ELEMENTS215: a. that the offender conceals – 1. his true name, and 2. all other personal circumstances. b. that the purpose is only to conceal his identity. Use of Fictitious Name Concealing True Name Element of publicity must be present Publicity not necessary Purpose is to conceal a crime, to evade the Purpose is to conceal identity execution of a judgment, or to cause damage Illegal use of uniform or insignia216
213 214

Art. 178 using fictitious name The name of a person is what appears in his birth certificate. The name of a person refers to his first name, surname, and maternal name. Any other name which a person publicly applies to himself without authority of law is a fictitious name. 215 concealing true name What the offender does to violate or commit this act is for him to conceal his true name and other personal circumstances. His only motive in doing so is to conceal his identity. In concealment of true name, the deception is done momentarily, just enough to conceal the name of the offender. In the use of fictitious name, the offender presents himself before the public with another name. A person under investigation by the police who gives a false name and false personal circumstances, upon being interrogated, is guilty of this crime 216 Art. 179 The wearing of a uniform, or insignia of a non-existing office or establishment is not a crime. It is necessary that the uniform or insignia represents an office which carries authority, respect, dignity, or influence which the public looks up to. So also, an exact imitation of a uniform or dress is unnecessary; a colorable resemblance calculated to deceive the common run of people is sufficient. The wearing of insignia, badge or emblem of rank of the members of the armed forced of the Philippines or constabulary (now PNP) is punished by Republic Act No. 493. When the uniform or insignia is used to emphasize the pageantry of a play or drama or in moving picture films, the crime is not committed.

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ELEMENTS: a. That the offender makes use of insignia, uniform or dress. b. That the insignia, uniform or dress pertains to an office not held by the offender or to a class of persons of which he is not a member. c. That said insignia, uniform or dress is used publicly and improperly. THREE FORMS OF FALSE TESTIMONY217 1. 2. 3. False testimony in criminal cases218 False testimony in civil case219 False testimony in other cases220

False testimony against a defendant221 ELEMENTS: a. b. c. d. That there be a criminal proceeding. That the offender testifies falsely under oath against the defendant therein. That the offender who gives false testimony knows that it is false. That the defendant against whom the false testimony is given is either acquitted or convicted in a final judgment (prescriptive period starts at this point)

217

False testimony, defined It is the declaration under oath of a witness in a judicial proceeding which is contrary to what is true, or to deny the same, or to alter essentially the truth. Nature of the crime of false testimony. 1. It cannot be committed through reckless imprudence because false testimony requires criminal intent or intent to violate the law is an essential element of the crime. 2. If the false testimony is due to honest mistake or error or there was good faith in making the false testimony, no crime is committed. 218 under Art. 180 and 181 219 under Art. 182 220 under Art. 183. 221 Art. 180 Requires criminal intent, can’t be committed through negligence. Need not impute guilt upon the accused The defendant must at least be sentenced to a correctional penalty or a fine or must have been acquitted The witness who gave false testimony is liable even if the court did not consider his testimony The probative value of the testimonial evidence is subject to the rules of evidence. It may not be considered at all by the judge. But whether the testimony is credible or not or whether it is appreciated or not in the context that the false witness wanted it to be, the crime of false testimony is still committed, since it is punished not because of the effect it produces, but because of its tendency to favor the accused. (People vs. Reyes) Penalty is dependent upon sentence imposed on the defendant

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False testimony in favor of defendant in a criminal case222: ELEMENTS: 1. A person gives false testimony; 2. In favor of the defendant; 3. In a criminal case. False testimony in civil cases223 ELEMENTS: a. That the testimony must be given in a civil case. b. That the testimony must relate to the issues presented in said case. c. That the testimony must be false. d. That the false testimony must be given by the defendant knowing the same to be false. e. That the testimony must be malicious and given with an intent to affect the issues presented in the said case Distinctions between perjury and false testimony:
PERJURY 1. Non-judicial proceedings. 2. Statement or testimony is required by law. 3. Amount involved is not material. 4. immaterial whether statement or testimony is favorable or not to the accused. FALSE TESTIMONY 1. Given in a judicial proceeding. 2. Testimony need not be required by law. 3. Amount involved in civil cases is material. 4. It is always material in criminal cases.

222

Art. 181 False testimony by negative statement is in favor of the defendant False testimony need not in fact benefit the defendant A statement of a mere opinion is not punishable Conviction or acquittal is not necessary (final judgment is not necessary). The false testimony need not influence the acquittal A defendant who voluntarily goes up on the witness stand and falsely imputes the offense to another person the commission of the offense is liable under this article. If he merely denies the commission of the offense, he is not liable. Basis of penalty: gravity of the felony charged against the defendant 223 Art. 182 Not applicable when testimony given in a special proceeding (in this case, the crime is perjury)

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False testimony in other cases and perjury in solemn affirmation224 ELEMENTS: a. That an accused made a statement under oath or made an affidavit upon a material matter. b. That the statement or affidavit was made before a competent officer, authorized to receive and administer oath. c. That in that statement or affidavit, the accused made a willful and deliberate assertion of a falsehood, and d. That the sworn statement or affidavit containing the falsity is required by law.

2 ways of committing perjury:

a. by falsely testifying under oath b. by making a false statement

224

Article183 Subornation of perjury: procures another to swear falsely. Solemn affirmation: refers to non-judicial proceedings and affidavits A false affidavit to a criminal complaint may give rise to perjury Two contradictory sworn statements are not sufficient to convict the affiant for the crime of perjury. There must be evidence to show which is false. The same must be established or proved from sources other than the two contradictory statements. (People vs. Capistrano, 40 Phil. 902) A matter is material when it is directed to prove a fact in issue The test of materiality is whether a false statement can influence the court (People vs. Bnazil). 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 There is no perjury if the accused signed and swore the statement before a person not authorized to administer oath (People vs. Bella David). There is no perjury through negligence or imprudence since the assertion of falsehood must be willful and deliberate Because of the nature of perjury, which is the willful and corrupt assertion of a falsehood, there is no perjury committed through reckless imprudence or simple negligence under Article 365. Since admittedly perjury can only be committed by means of dolo, then good faith or lack of malice is a good defense when one is indicted for the crime of perjury. Even if there is no law requiring the statement to be made under oath, as long as it is made for a legal purpose, it is sufficient If there is no requirement of law to place the statement or testimony under oath, there is no Perjury considering the phrases ―oath in cases in which the law so requires‖ in Article 183. The affidavit or sworn statement must be required by law like affidavit of adverse claim to protect one’s interest on real property; or an affidavit of good moral character to take the bar examination. So if the affidavit was made but the same is not required by law, even if the allegations are false, the crime of perjury is not committed. (Diaz vs. People, 191 SCRA 86) Perjury is an offense which covers false oaths other than those taken in the course of judicial proceedings False testimony before the justice of the peace during the P.I. may give rise to the crime of perjury because false testimony in judicial proceedings contemplates an actual trial where a judgment of conviction or acquittal is rendered A person who knowingly and willfully procures another to swear falsely commits subornation of perjury and the witness suborned does testify under circumstances rendering him guilty of perjury. The false testimony is not in a judicial proceeding

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False testimony vs. Perjury When one testifies falsely before the court, the crime committed is false testimony. If one testifies falsely in a non-judicial proceeding, the crime committed is perjury. In false testimony, it is not required that the offender asserts a falsehood on a material matter. It is enough that he testifies falsely with deliberate intent. In perjury, the witness must testify or assert a fact on a material matter with a full knowledge that the information given is essentially contrary to the truth. Material matter means the main fact which is the subject or object of the inquiry. Offering false testimony in evidence225 ELEMENTS: a. That the offender offered in evidence a false witness or false testimony. b. That he knew the witness or the testimony was false. c. That the offer was made in a judicial or official proceeding. FRAUDS Machinations in public auction226 ELEMENTS: a. That there be a public auction. b. That the accused solicited any gift or a promise from any of the bidders. c. That such gifts or promise was the consideration for his refraining from taking part in that public auction. d. That the accused had the intent to cause the reduction of the price of the thing auctioned.

225

Art. 184 The false witness need not be convicted of false testimony. The mere offer is sufficient. The offender in this article knows that the witness to be presented is a false witness or that the witness will lie while testifying. The proceedings is either judicial or official. There is a formal offer of testimonial evidence in the proceedings. The witness is able to testify and the offender, knowing the testimony is given by the witness to be false, nevertheless offers the same in evidence. In this case, the person offering the false testimony must have nothing to do in the making of the false testimony. He knows that the witness is false and yet he asks him to testify and thereafter offers the testimony in evidence. So if the offeror, aside from being such, is also the person responsible in inducing or convincing the false witness to lie, Article 184 will not apply. The applicable article will be Article 180, 181, 182, or 183 as the case may be. The offenders in this case will be charged with perjury; the inducer as principal by inducement and the induced party as the principal by direct participation. It is for this reason that subornation of perjury is no longer treated as a specific felony with a separate article of its own. Nevertheless, it is a crime defined and punished under the Revised Penal Code. The crime committed by one who induces another to testify falsely and the person who agrees and in conspiracy with the inducer, testifies falsely, is perjury. (People vs. Padol, 66 Phil. 365) 226 Art. 185

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ELEMENTS OF ATTEMPTING TO CAUSE BIDDERS TO STAY AWAY: a. That there be a public auction. b. That the accused attempted to cause the bidders to stay away from that public auction c. That it was done by threats, gifts, promises, or any other artifice. d. That the accused had the intent to cause the reduction of the price of the thing auctioned. Monopolies and combinations in restraint of trade227: Acts punished: a. Combination to prevent free competition in the market ELEMENTS: 1. Entering into any contract or agreement or taking part in any conspiracy or combination in the form of a trust or otherwise; 2. In restraint of trade or commerce or to prevent by artificial means free competition in the market.

b. By entering into a contract or agreement or taking part in any conspiracy or combination in the form

of a trust or otherwise, in restraint of trade or commerce or prevent by artificial means free competition in the market (It is enough that initial steps are taken. It is not necessary that there be actual restraint of trade) Monopoly to restrain free competition in the market ELEMENTS: 1. By monopolizing any merchandise or object of trade or commerce, or by combining with any other person or persons to monopolize said merchandise or object; 2. In order to alter the prices thereof by spreading false rumors or making use of any other artifice; 3. To restrain free competition in the market

c.

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Art. 186 The purpose is: a. to make transactions prejudicial to lawful commerce b. to increase the market price of any merchandise or object of commerce manufactured, produced, processed, assembled or imported into the Phil Aggravated if items are: a. food substance b. motor fuel or lubricants c. goods of prime necessity

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d. Manufacturer, producer or processor or importer combining, conspiring or agreeing with any person to make transactions prejudicial to lawful commerce or to increase the market price of the merchandise. ELEMENTS: 1. Manufacturer, producer, processor or importer of any merchandise or object of commerce; 2. Combines, conspires or agrees with any person; 3. Purpose is to make transactions prejudicial to lawful commerce or to increase the market price of any merchandise or object of commerce manufactured, produced, processed, assembled or imported into the Philippines. Person/s liable: a. manufacturer b. producer c. processor d. importer Crime is committed by: a. combining b. conspiring c. agreeing with another person Also liable as principals: a. corporation/association b. agent/representative c. director/manager – who willingly permitted or failed to prevent commission of above offense Importation and disposition of falsely marked articles or merchandise made of gold, silver, or other precious metals or their alloys228 ELEMENTS: a. That the offender imports, sells or disposes of any of those articles or merchandise.
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Art. 187 To be criminally liable, it is important to establish that the offender knows the fact that the imported merchandise fails to indicate the actual fineness or quality of the precious metal. If the importer has no expertise on the matter such that he has no way of knowing how the fraud was committed, the existence of such fact may be seriously considered as a defense. What the law punishes herein is the selling of misbranded goods made of gold, silver and other precious metals. Therefore, it must be shown that the seller knows that the merchandise is misbranded. Hence, dishonesty is an essential element of the crime.

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b. That the stamps, brands, or marks or those articles or merchandise fails to indicate the actual fineness or quality of said metals or alloys. c. That the offender knows that the said stamp, brand, or mark fails to indicate the actual fineness or quality of the metals or alloys. a. The New Public Bidding Law 229 (1) Prohibited acts Offenses and Penalties. – (a) Without prejudice to the provisions of Republic Act No. 3019, otherwise known as the "Anti-Graft and Corrupt Practice Act" and other penal laws, public officers who commit any of the following acts shall suffer the penalty of imprisonment of not less than six (6) years and one (1) day, but not more than fifteen (15) years: 1. Open any sealed Bid including but not limited to Bids that may have been submitted through the electronic system and any and all documents required to be sealed or divulging their contents, prior to the appointed time for the public opening of Bids or other documents. 2. Delaying, without justifiable cause, the screening for eligibility, opening of bids, evaluation and post evaluation of bids, and awarding of contracts beyond the prescribed periods of Bids or other documents. 3. Unduly influencing or exerting undue pressure on any member of the BAC or any officer or employee of the procuring entity to take a particular bidder. 4. Splitting of contracts which exceed procedural purchase limits and competitive bidding. 5. When the head of the agency abuses the exercise of his power to reject any and all bids as mentioned under Section 41 of this Act with manifest preference to any bidder who is closely related to him in accordance with Section 47 of this Act. When any of the foregoing acts is done in collusion with private individuals, the private individuals shall likewise be liable for the offense. In addition, the public officer involved shall also suffer the penalty of temporary disqualification from public office, while the private individual shall be permanently disqualified from transacting business with the government.

229

R.A. 9184

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(b) Private individuals who commit any of the following acts, including any public officer, who conspires with them, shall suffer the penalty of imprisonment of not less than six (6) years and one (1) day but not more than fifteen (15) years: 1. When two or more bidders agree and submit different Bids as if they were bona fide, when they knew that one or more of them was so much higher than the other that it could not be honestly accepted and that the contract will surely be awarded to the pre-arranged lowest Bid. 2. When a bidder maliciously submits different Bids through two or more persons, corporations, partnerships or any other business entity in which he has interest of create the appearance of competition that does not in fact exist so as to be adjudged as the winning bidder. 3. When two or more bidders enter into an agreement which call upon one to refrain from bidding for Procurement contracts, or which call for withdrawal of bids already submitted, or which are otherwise intended to secure as undue advantage to any one of them. 4. When a bidder, by himself or in connivance with others, employ schemes which tend to restrain the natural rivalry of the parties or operates to stifle or suppress competition and thus produce a result disadvantageous to the public. In addition, the persons involved shall also suffer the penalty of temporary or perpetual disqualification from public office and be permanently disqualified from transacting business with the government. (c) Private individuals who commit any of the following acts, and any public officer conspiring with them, shall suffer the penalty of imprisonment of not less than six (6) years and one (1) day but more than fifteen (15) years: 1. Submit eligibility requirements of whatever kind and nature that contain false information or falsified documents calculated to influence the outcome of the eligibility screening process or conceal such information in the eligibility requirements when the information will lead to a declaration of ineligibility from participating in public bidding. 2. Submit Bidding Documents of whatever kind and nature than contain false information or falsified documents or conceal such information in the Bidding Documents, in order to influence the outcome of the public bidding. 3. Participate in a public bidding using the name of another or allow another to use one's name for the purpose of participating in a public bidding. 4. Withdraw a Bid, after it shall have qualified as the Lowest Calculated Bid/Highest Rated Bid, or to accept and award, without just cause or for the
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purpose of forcing the Procuring Entity to award the contract to another bidder. This shall include the non-submission of requirements such as, but not limited to, performance security, preparatory to the final award of the contract. (d) When the bidder is a juridical entity, criminal liability and the accessory penalties shall be imposed on its directors, officers or employees who actually commit any of the foregoing acts.230 b. Anti-Alias Law231 (1) Punishable acts No person shall use any name different from the one with which he was registered at birth in the office of the local civil registry or with which he was baptized for the first time, or in case of an alien, with which he was registered in the bureau of immigration upon entry; or such substitute name as may have been authorized by a competent court232. The act of using an alias name, unless such alias was duly authorized by proper judicial proceedings and recorded in the civil register. There must be a "sign or indication that the user intends to be known by this name (the alias) in addition to his real name from that day forth … [for the use of alias to] fall within the prohibition contained in C.A. No. 142 as amended233 (2) Exception Except as a pseudonym solely for literary, cinema, television, radio or other entertainment purposes and in athletic events where the use of pseudonym is a normally accepted practice 5. Crimes Relative to Opium and other Prohibited Drugs a. The Comprehensive Dangerous Drugs Act of 2002234 (1) Punishable acts Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals235. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.236
230 231

Sec. 65. C.A. 142 232 Sec. 1. 233 Ursua case 234 R.A. 9165 235 Sec. 4.

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Maintenance of a Den, Dive or Resort.237 Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.238 Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals239 Manufacture or Delivery of Equipment, Instrument, Apparatus, and Other Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.240 Possession of Dangerous Drugs241 Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs.242 Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings243. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs During Parties, Social Gatherings or Meetings.244 Use of Dangerous Drugs.245 Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof.246 Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.247 Unnecessary Prescription of Dangerous Drugs.248 Unlawful Prescription of Dangerous Drugs.249 (2) Attempt or conspiracy, effect on liability Attempt or Conspiracy. – Any attempt or conspiracy to commit the following unlawful acts shall be penalized by the same penalty prescribed for the commission of the same as provided under this Act:
236 237

Sec. 5. Sec. 6. 238 Sec. 8. 239 Sec. 9. 240 Sec. 10. 241 Sec. 11. 242 Sec. 12 243 Sec. 13. 244 Sec. 14. 245 Sec. 15. 246 Sec. 16. 247 Sec. 17. 248 Sec. 18. 249 Sec. 19.

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(a) Importation of any dangerous drug and/or controlled precursor and essential chemical; (b) Sale, trading, administration, dispensation, delivery, distribution and transportation of any dangerous drug and/or controlled precursor and essential chemical; (c) Maintenance of a den, dive or resort where any dangerous drug is used in any form; (d) Manufacture of any dangerous drug and/or controlled precursor and essential chemical; and (e) Cultivation or culture of plants which are sources of dangerous drugs.250 6. Crimes Against Public Morals Grave scandal251 ELEMENTS: Offender performs an act a. Act is highly scandalous as offending against decency or good customs b. Highly scandalous conduct does not expressly fall within any other article of the RPC c. Committed in a public place or within the public knowledge or view252. Immoral doctrines, obscene publications and exhibitions:253
250 251

Sec. 26. Art. 200 Grave scandal: consists of acts which are offensive to decency and good customs. They are committed publicly and thus, give rise to public scandal to persons who have accidentally witnessed the acts Decency: means properly observing the requirements of modesty, good taste etc Customs: refers to established usage, social conventions carried on by tradition and enforced by social disapproval in case of violation If the acts complained of are punishable under another provision of the RPC, Art 200 is not applicable 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. 252 The public view is not required, it is sufficient if in public place. For public knowledge, it may occur even in a private place; the number of people who sees it is not material). 253 Art. 201 Morals: implies conformity to generally accepted standards of goodness or rightness in conduct or character Test of obscenity: whether the matter has a tendency to deprave or corrupt the minds of those who are open to immoral influences. A matter can also be considered obscene if it shocks the ordinary and common sense of men as indecency. However, Art 201 enumerates what are considered as obscene literature or immoral or indecent plays, scenes or acts: a. those w/c glorify criminals or condone crimes b. those w/c serve no other purpose but to satisfy the market for violence, lust or pornography c. those w/c offend against any race or religion d. those w/c tend to abet the traffic in and the use of prohibited drugs e. those that are contrary to law, public order, morals, good customs, established policies, lawful orders, decrees and edicts

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Persons liable: a. Those who publicly expound or proclaim doctrines that are contrary to public morals b. Authors of obscene literature, published with their knowledge in any form c. Editors publishing such obscene literature d. Owners or operators of establishments selling obscene literature e. Those who exhibit indecent or immoral plays, scenes, acts or shows ion theaters, fairs, cinemas or any other place f. Those who sell, distribute, or exhibit prints, engraving, sculptures or literature which are offensive to morals Vagrants and prostitutes254: Who are considered vagrants: a. 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 b. Persons found loitering around public and semi-public places without visible means of support c. Persons tramping or wandering around the country or the streets with no visible means of support d. Idle or dissolute persons lodging in houses of ill-fame e. Ruffians or pimps and those who habitually associate with prostitutes (may include even the rich) f. Persons found loitering in inhabited or uninhabited places belonging to others, without any lawful or justifiable reason provided the act does not fall within any other article of the RPC If fenced and with prohibition of entry If fenced and entered to hunt/fish If not fenced and with no prohibition of entry Who are considered prostitutes: refer to women who habitually indulge in sexual intercourse or lascivious conduct for money or profit255 Trespass to dwelling Attempted theft Vagrancy

Mere nudity in paintings and pictures is not obscene Pictures w/ a slight degree of obscenity having no artistic value and intended for commercial purposes fall within this article Publicity is an essential element 254 Art. 202 255 if a man indulges in the same conduct: vagrancy

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7. Crimes Committed by Public Officers Who are public officers256 a. Takes part in the performance of public functions in the Government, or b. Performs public duties as an employee, agent or subordinate official in the gov’t or any of its branches Malfeasance and misfeasance in office Malfeasance Misfeasance Nonfeasance 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

Knowingly rendering an unjust judgment257: ELEMENTS: a. b. c. d. Offender is a judge Renders a judgment in the case submitted to him for judgment Judgment is unjust Knowledge that the decision is unjust

Judgment rendered through negligence258 ELEMENTS:
256

Art. 203 Public officer must derive his authority from: a. direct provision of law b. popular election c. appointment by competent authority d. Public officers: embraces every public servant from the lowest to the highest rank e. A government laborer is not a public officer. However, temporary performance by a laborer of public functions makes him a public officer f. Misfeasance: means improper performance of an act which might be properly be performed g. Malfeasance: means performance of an act which ought not to be done h. Nonfeasance: means omission of an act which ought to be done 257 Art. 204 Judgment: is a final consideration and determination by a court of competent jurisdiction of the issues submitted to it in an action or proceeding a. Unjust judgment: one which is contrary to law, or not supported by the evidence, or both b. An unjust judgment may result from: 1. error (with bad faith) 2. ill-will or revenge 3. bribery c. There must be evidence that the decision rendered is unjust. It is not presumed d. Abuse of discretion or mere error of judgment cannot likewise serve as basis for rendering an unjust judgment in the absence of proof or even an allegation of bad faith (motive or improper consideration). 258 Art. 205 Manifestly unjust judgment: one that is so contrary to law that even a person having meager knowledge of the law cannot doubt the injustice

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a. b. c. d.

Offender is a judge Renders a judgment in a case submitted to him for decision Judgment is manifestly unjust Due to inexcusable negligence or ignorance

Unjust interlocutory order259 ELEMENTS: a. That the offender is a judge. b. That he performs any of the following acts: 1. knowingly renders unjust interlocutory order or decree, or 2. renders a manifestly unjust interlocutory order or decree through inexcusable negligence or ignorance. Malicious delay in the administration or justice260 ELEMENTS: a. b. c. d. That the offender is a judge. That there is a proceeding in his court. That he delays the administration of justice. That the delay is malicious, that is, the delay is caused by the judge with deliberate intent to inflict damage on either party in the case.

Dereliction of duty in the prosecution of offenses261
259

Art. 206 Interlocutory order: one issued by the court deciding a collateral or incidental matter. It is not a final determination of the issues of the action or proceeding 260 Art. 207 Mere delay without malice is not punishable

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ELEMENTS: a. That the offender is a public officer or officer of the law who has a duty to cause the prosecution of, or to prosecute offenses. b. That there is dereliction of the duties of his office, that is, knowing the commission of the crime, he does not cause (a) the prosecution of the criminal262 or (b) knowing that a crime is about to be committed he tolerates its commission (if gift/promise is a consideration for his conduct: direct bribery) c. That the offender acts with malice and deliberate intent to favor the violator of the law. Betrayal of trust by an attorney or solicitor263 ELEMENTS: a. Causing damage to client (prejudice is essential) either 1. by any malicious breach of professional duty, or 2. by inexcusable negligence or ignorance. b. Revealing any of the secrets of his client learned by him in his professional capacity (damage not necessary) c. Undertaking the defense of the opposing party of the 1st client and/or having received confidential information from the latter and without the latter’s consent (damage not necessary)

Direct bribery264
261

Art. 208 Prevaricacion: negligence and tolerance in the prosecution of an offense There must be a duty on the part of the public officer to prosecute or move for the prosecution of the offender. Note however, that a fiscal is under no compulsion to file an information based upon a complaint if he is not convinced that the evidence before him does not warrant filing an action in court The crime must be proved first before an officer can be convicted of dereliction of duty A public officer who harbors, conceals, or assists in the escape of an offender, when it is his duty to prosecute him is liable as principal in the crime of dereliction of duty in the prosecution of offenses. He is not an accessory Article not applicable to revenue officers 262 People vs. Rosales, G.R. no. 42648 263 Art. 209. Not necessarily a public officer although all lawyers are officers of the court.

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ELEMENTS: a. That the offender be a public officer within the scope of Art 203 b. That the offender accepts an offer or promise or receives a gift or present by himself or through another c. That such offer or promise be accepted or gift/present received by the public officer (mere agreement consummates the crime) 1. with a view to committing some crime (delivery of consideration is not necessary) or 2. in consideration of an execution if an act which does not constitute a crime, but the act must be unjust (delivery of consideration is necessary), or 3. to refrain from doing something which is his official duty to do d. That the act which the offender agrees to perform or which he executes be connected with the performance of his official duties Bribery When the victim has committed a crime and gives money/gift to avoid arrest or prosecution. Victim parts with his money or property voluntarily. Robbery When the victim did not commit a crime and he is intimidated with arrest and/or prosecution to deprive him of his personal property. Victim is deprived of his money or property by force or intimidation.

264

Art. 210 For purposes of this article, temporary performance of public functions is sufficient to constitute a person a public officer. A private person may commit this crime only in the case in which custody of prisoners is entrusted to him Applicable also to assessors, arbitrators, appraisal and claim commissioners, experts or any other person performing public duties Cannot be frustrated, only attempted or consummated. Bribery exists when the gift is: a. voluntarily offered by a private person b. solicited by the public officer and voluntarily delivered by the private person c. solicited by the public officer but the private person delivers it out of fear of the consequences should the public officer perform his functions (here the crime by giver is not corruption of public officials due to involuntariness) Actual receipt of the gift is not necessary. An accepted offer or promise of a gift is sufficient. However, if the offer is not accepted, only the person offering the gift is liable for attempted corruption of a public officer The gift must have a value or capable of pecuniary estimation. It could be in the form of money, property or services If the act required of the public officer amounts to a crime and he commits it, he shall be liable for the penalty corresponding to the crime The third type of bribery and prevaricacion are similar offenses, both consisting of omissions to do an act required to be performed. In direct bribery however, a gift or promise is given in consideration of the omission. This is not necessary in prevaricacion

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Indirect bribery265 ELEMENTS: a. That the offender is a public officer. b. That he accepts gifts. c. That the said gifts are offered to him by reason of his office. Qualified bribery266 ELEMENTS: a. Public officer entrusted with law enforcement b. Refrains from arresting/prosecuting offender for crime punishable by reclusion perpetua and/or death c. (if lower penalty than stated above, the crime is direct bribery) d. In consideration of any offer, promise or gift

Corruption of public officials267
265

Art. 211 The gift is given in anticipation of future favor from the public officer There must be clear intention on the part of the public officer to take the gift offered and consider the property as his own for that moment. Mere physical receipt unaccompanied by any other sign, circumstance or act to show such acceptance is not sufficient to convict the officer There is no attempted or frustrated indirect bribery The principal distinction between direct and indirect bribery is that in the former, the officer agrees to perform or refrain from doing an act in consideration of the gift or promise. In the latter case, it is not necessary that the officer do any act. It is sufficient that he accepts the gift offered by reason of his office Public officers receiving gifts and private persons giving gifts on any occasion, including Christmas are liable under PD 46. The criminal penalty or imprisonment is distinct from the administrative penalty of suspension from the service 266 Art. 211-A

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ELEMENTS: a. That the offender makes offers or promises or gives gifts or present to a public officer. b. That the offers or promises are made or the gifts or presents given to a public officer, under circumstances that will make the public officer liable for direct bribery or indirect bribery II. FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS Frauds against public treasury268 (par. 1) ELEMENTS: a. That the offender be a public officer. b. That he should have taken advantage of his office, that is, he intervened in the transaction in his official capacity. c. That he entered into an agreement with any interested party or speculator or made use of any other scheme with regard to (a) furnishing supplies (b) the making of contracts, or (c) the adjustment or settlement of account relating to a public property or funds. d. That the accused had intent to defraud the government.

Illegal exactions269
267

Art. 212 The offender is the giver of the gift or the offeror of the promise. The act may or may not be accomplished Under PD 749, givers of bribes and other gifts as well as accomplices in bribery and other graft cases are immune from prosecution under the following circumstances: a. information refers to consummated violations b. necessity of the information or testimony c. the information and testimony are not yet in the possession of the State d. information and testimony can be corroborated on its material points e. informant has been previously convicted of a crime involving moral turpitude See the Anti-graft and Corrupt Practices Act 268 Article 213 Notes: a. The public officer must act in his official capacity b. The felony is consummated by merely entering into an agreement with any interested party or speculator or by merely making use of any scheme to defraud the Government

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ELEMENTS: a. The offender is a public officer entrusted with the collection of taxes, licenses, fees and other imposts. b. He is guilty of any of the following acts or omissions: 1. demanding, directly or indirectly the payment of sums different from or larger than those authorized by law, or 2. failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him officially, or 3. Collecting or receiving, directly or indirectly, by way of payment or otherwise, things or objects of a nature different from that provided by law. Other frauds270 ELEMENTS: a. That the offender is a public officer. b. That he takes advantage of his official position. c. That he commits any of the frauds or deceits enumerated in art. 315 and 316271. Prohibited transactions272 ELEMENTS: a. That the offender is an appointive public officer. b. That he becomes interested, directly or indirectly, in any transaction of exchange or speculation. c. That the transaction takes place within the territory subject to his jurisdiction. d. That he becomes interested in the transaction during his incumbency.

269

Mere demand of a larger or different amount is sufficient to consummate the crime. The essence is the improper collection (damage to gov’t is not required) If sums are received without demanding the same, a felony under this article is not committed. However, if the sum is given as a sort of gift or gratification, the crime is indirect bribery When there is deceit in demanding larger fees, the crime committed is estafa May be complexed with malversation Officers and employees of the BIR or Customs are not covered by the article The NIRC of Administrative Code is the applicable law 270 Art. 214 RTC has jurisdiction over the offense because the principal penalty is disqualification 271 estafa; swindling 272 Art. 215 Examples of transactions of exchange or speculation are: buying and selling stocks, commodities, land etc. wherein one hopes to take advantage of an expected rise or fall in price Purchasing of stocks or shares in a company is simple investment and not a violation of the article. However, regularly buying securities for resale is speculation

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Possession of prohibited interests by a public officer273 Who are liable: a. Public officer – in any contract or business in which it is his official duty to intervene. b. Experts, arbitrators and private accountants – in any contract or transaction connected with the estate or property in the approval, distribution or adjudication of which they had acted. c. Guardians and executors – with respect to property belonging to their wards or the estate. III. MALVERSATION OF PUBLIC FUNDS OR PROPERTY Malversation of public funds or property274 ELEMENTS COMMON TO ALL:
273

Art. 216 Actual fraud is not necessary. Act is punished because of the possibility that fraud may be committed or that the officer may place his own interest above that of the Government or party which he represents 274 Article 217 Malversation is otherwise called embezzlement It can be committed either with malice or through negligence or imprudence In determining whether the offender is a public officer, what is controlling is the nature of his office and not the designation The funds or property must be received in an official capacity. Otherwise, the crime committed is estafa When a public officer has official custody or the duty to collect or receive funds due the government, or the obligation to account for them, his misappropriation of the same constitutes malversation A public officer who has qualified charge of gov’t property without authority to part with its physical possession upon order of an immediate superior, he cannot be held liable under this article Private individuals can also be held liable for malversation under 2 circumstances: a. when they are in conspiracy with public officers; and b. when they have charge of national, provincial or municipal funds, revenues or property in any capacity In malversation through negligence, the negligence of the accountable public officer must be positively and clearly shown to be inexcusable, approximating fraud or malice The measure of negligence to be observed is the standard of care commensurate with the occasion When malversation is not committed through negligence, lack of criminal intent or good faith is a defense The failure of a public officer to have any duly forthcoming public funds or property upon demand, by any authorized officer, shall be prima facie evidence that he has put such missing funds or property to personal use. However, if at the very moment when the shortage is discovered, the accountable officer is notified, and he immediately pays the amount from his pocket, the presumption does not arise Returning the embezzled funds is not exempting, it is only mitigating There is also no malversation when the accountable officer is obliged to go out of his office and borrow the amount corresponding to the shortage and later, the missing amount is found in an unaccustomed place A person whose negligence made possible the commission of malversation by another can be held liable as a principal by indispensable cooperation Demand as well as damage to the government are not necessary elements

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a. That the offender be a public officer (or private person if entrusted with public funds or connived with public officers) b. That he had the custody or control of funds or property (if not accountable for the funds, theft or qualified theft) c. That those funds or property were public funds or property (even if private funds if attached, seized, deposited or commingled with public funds) d. That he: 1. Appropriated the funds or property 2. Took or misappropriated them 3. Consented or, through abandonment or negligence, permitted any other person to take such public funds or property. (it is not necessary that the offender profited thereby. His being remiss in the duty of safekeeping public funds violates the trust reposed) Malversation Estafa with Abuse of Confidence Funds or property usually public Funds/property are always private Offender is usually a public officer who is Offender is a private individual or even a accountable for the public funds/property public officer who is not accountable for public funds/property Crime is committed by approaching, taking, Crime is committed by misappropriating, or misappropriating/consenting, or through converting, or denying having received abandonment or negligence, permitting any money, goods or other personal property other person to take the public funds/property Failure of accountable officer to render accounts275 ELEMENTS: a. That the offender is a public officer, whether in the service or separated therefrom. b. That he must be an accountable officer for public funds property. c. That he is required by law or regulation to render accounts to the commission on audit, or to a provincial auditor. d. That he fails to do so for a period of two months after such accounts should be rendered.

Failure of a responsible public officer to render accounts before leaving the country276
275

Art. 218 Demand and misappropriation are not necessary

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ELEMENTS: a. That the offender is a public officer. b. That he must be an accountable officer for public funds or property. c. That he must have unlawfully left (or be on the point of leaving) the Philippines without securing from the Commission on Audit a certificate showing that his accounts have been finally settled. Illegal use of public funds or property277 ELEMENTS: a. b. c. d. That the offender is a public officer. That there is public fund or property under his administration. That such public fund or property has been appropriated by law or ordinance278 That he applies the same to a public use other than for which such fund or property has been appropriated by law or ordinance.

Failure to make delivery of public funds or property279 ELEMENTS: a. Offender has gov’t funds or property in his possession b. He is under obligation to either: 1. make payment from such funds 2. to deliver property in his custody or administration when ordered by competent authority 3. He maliciously fails or refuses to do so Persons who may be held liable under arts 217 to 221280 a. Private individual who, in any capacity, have charge of any national, provincial or municipal funds, revenue, or property b. Administrator or depositary of funds or property that has been attached, seized or deposited by public authority, even if owned by a private individual

276

Art. 219 The act of leaving the Philippines must be unauthorized or not permitted by law 277 Art. 220. Technical malversation. To distinguish this article with Art 217, just remember that in illegal use of public funds or property, the offender does not derive any personal gain, the funds are merely devoted to some other public use Absence of damage is only a mitigating circumstance 278 without this, it is simple malversation even if applied to other public purpose. 279 Art. 221 Penalty is based on value of funds/property to be delivered 280 Art. 222 Penalty is based on value of funds/property to be delivered

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IV. INFIDELITY OF PUBLIC OFFICERS Conniving with or consenting to evasion281 ELEMENTS: a. That the offender is a public officer (on duty). b. That he is charged with the conveyance or custody of a prisoner, either detention prisoner or prisoner by final judgment. c. That such prisoner escaped from his custody d. That he was in connivance with the prisoner in the latter’s escape Evasion through negligence282 ELEMENTS: a. That the offender is a public officer. b. That he is charged with the conveyance or custody of a prisoner, either detention prisoner or prisoner by final judgment. c. That such prisoner escapes through his negligence. d. Penalty based on nature of imprisonment Escape of prisoners under the custody of a person not a public officer283 ELEMENTS: a. That the offender is a private person (note: must be on duty) b. That the conveyance or custody of a prisoner or person under arrest is confined to him.
281

Art. 223 Detention prisoner: refers to a person in legal custody, arrested for and charged with some crime or public offense The release of a detention prisoner who could not be delivered to judicial authorities within the time fixed by law is not infidelity in the custody of a prisoner. Neither is mere leniency or laxity in the performance of duty constitutive of infidelity There is real and actual evasion of service of sentence when the custodian permits the prisoner to obtain a relaxation of his imprisonment 282 Art. 224 The article punishes a definite laxity which amounts to deliberate non-performance of a duty The fact that the public officer recaptured the prisoner who had escaped from his custody does not afford complete exculpation The liability of an escaping prisoner: a. if he is a prisoner by final judgment, he is liable for evasion of service (art 157) b. if he is a detention prisoner, he does not incur criminal liability (unless cooperating with the offender) 283 Art. 225 This article is not applicable if a private person made the arrest and he consented to the escape of the person he arrested

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c. That the prisoner or person under arrest escapes. d. That the offender consents to the escape of the prisoner or person under arrest, or that the escape takes place through his negligence V. INFIDELITY IN CUSTODY OF DOCUMENTS Removal, concealment, or destruction of documents284 ELEMENTS: a. That the offender be a public officer. b. That he abstracts, destroys or conceals a document or papers. c. That the said document or paper should have been entrusted to such public officer by reason of his office. d. That damage, whether serious or not, to a third party or to the public interest should have been caused. Officer breaking seal285 ELEMENTS: a. b. c. d. That the offender is a public officer. That he is charged with the custody of papers or property. That these papers or property are sealed by proper authority. That he breaks the seals or permits them to be broken.

284

Art. 226 The document must be complete and one by which a right could be established or an obligation could be extinguished Books, periodicals, pamphlets etc. are not documents ―Papers‖ would include checks, promissory notes and paper money A post office official who retained the mail without forwarding the letters to their destination is guilty of infidelity in the custody of papers Removal of a document or paper must be for an illicit purpose. There is illicit purpose when the intention of the offender is to: a. tamper with it b. to profit by it c. to commit any act constituting a breach of trust in the official thereof Removal is consummated upon removal or secreting away of the document from its usual place. It is immaterial whether or not the illicit purpose of the offender has been accomplished Infidelity in the custody of documents through destruction or concealment does not require proof of an illicit purpose Delivering the document to the wrong party is infidelity in the custody thereof The damage may either be great or small The offender must be in custody of such documents 285 Art. 227 It is the breaking of the seals and not the opening of a closed envelope which is punished Damage or intent to cause damage is not necessary; damage is presumed

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Opening of closed documents286 ELEMENTS: a. b. c. d. That the offender is a public officer. That any closed papers, documents, or objects are entrusted to his custody. That he opens or permits to be opened said closed papers, documents or objects. That he does not have proper authority.

Revelation of secret by an officer287 ELEMENTS OF PAR.1: By reason of his official capacity a. b. c. d. e. That the offender is a public officer. That he knows of a secret by reason of his official capacity. That he reveals such secret without authority or justifiable reasons. That damage, great or small, be caused to the public interest. (damage is essential) ELEMENTS OF PAR 2 : Delivering wrongfully papers or copies of papers of which he may have charge 288 and which should not be published: a. b. c. d. e. f. That the offender is a public officer. That he has charge of papers. That those papers should not be published. That he delivers those papers or copies thereof to a third person. That the delivery is wrongful. That damage be caused to public interest.

286

Art. 228 Damage also not necessary 287 Art. 229 Secret must affect public interest Secrets of a private individual is not included Espionage for the benefit of another State is not contemplated by the article. If regarding military secrets or secrets affecting state security, the crime may be espionage 288 ―Charge‖: means custody or control. If he is merely entrusted with the papers and not with the custody thereof, he is not liable under this article If the papers contain secrets which should not be published, and the public officer having charge thereof removes and delivers them wrongfully to a third person, the crime is revelation of secrets. On the other hand, if the papers do not contain secrets, their removal for an illicit purpose is infidelity in the custody of documents Damage is essential to the act committed

102

Public officer revealing secrets of private individual289 ELEMENTS: a. That the offender is a public officer b. That he knows of the secret of a private individual by reason of his office. c. That he reveals such secrets without authority or justification reason. V. OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS Open disobedience290 ELEMENTS: a. That the offender is a judicial or executive officer. b. That there is a judgment, decision or order of superior authority. c. That such judgment, decision or order was made within the scope of the jurisdiction of the superior authority and issued with all the legal formalities. d. that the offender without any legal justification openly refuses to execute the said judgment, decision or under which he is duty bound to obey. Disobedience to order of superior officer when said order was suspended by inferior officer291 ELEMENTS: a. b. c. d. e. That the offender is a public officer. That an order is issued by his superior for execution. That he has for any reason suspended the execution of such order. That his superior disapproves the suspension of the execution of the order. That the offender disobeys his superior despite the disapproval of the suspension

289

Art. 230 Revelation to one person is sufficient If the offender is an attorney, he is properly liable under Art 209 (betrayal of trust by an attorney) Damage to private individual is not necessary 290 Art. 231 Judgment should have been rendered in a hearing and issued within proper jurisdiction with all legal solemnities required 291 Art. 232 A public officer is not liable if the order of the superior is illegal

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Refusal of assistance292 ELEMENTS: a. That the offender is a public officer. b. That a competent authority demands from the offender that he lend his cooperation towards the administration of justice or other public service. c. That the offender fails to do so maliciously. Refusal to discharge elective office293 ELEMENTS: a. That the offender is elected by popular election to a public office. b. That he refuses to be sworn in or discharge the duties of said office. c. That there is no legal motive for such refusal to be sworn in or to discharge the duties of said office. Maltreatment of prisoners294 ELEMENTS: a. That the offender is a public officer or employee. b. That he has under charge a prisoner or detention prisoner (otherwise the crime is physical injuries) c. That he maltreats such prisoner in either of the following manners: 1. by overdoing himself in the correction or handling of a prisoner or detention prisoner under his charge either – by the imposition of punishments not authorized by the regulations, or by inflicting such punishments (those authorized) in a cruel and humiliating manner, or 2. by maltreating such prisoner to extort a confession or to obtain some information from the prisoner.

292

Art. 233 Involves a request from one public officer to another Damage to the public interest or third party is essential Demand is necessary 293 Art. 234 Even if the person did not run for the office on his own will as the Constitution provides that every citizen may be required to render service 294 Art. 235 The public officer must have actual charge of the prisoner in order to be held liable To be considered a detention prisoner, the person arrested must be placed in jail even for just a short while Offender may also be held liable for physical injuries or damage caused

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Anticipation of duties of a public office295 ELEMENTS: a. That the offender is entitled to hold a public office or employment, either by election or appointment. b. That the law requires that he should first be sworn in and/or should first give a bond. c. That he assumes the performance of the duties and powers of such office. d. That he has not taken his oath of office and./or given the bond required by law. Prolonging performance of duties and powers296 ELEMENTS: a. That the offender is holding a public office. b. That the period provided by law, regulations or special provisions for holding such office has already expired. c. That he continues to exercise the duties and powers of such office. Abandonment of office or position297

295 296

Art. 236 Art. 237 The article contemplates officers who have been suspended, separated or declared over-aged or dismissed 297 Art. 238 There must be formal or written resignation The offense is qualified if the purpose behind the abandonment is to evade the discharge of duties consisting of preventing, prosecuting or punishing any of the crimes against national security. The penalty is higher. This involves the following crimes: a. treason b. conspiracy and proposal to commit conspiracy c. misprision of treason d. espionage e. inciting to war or giving motives to reprisals f. violation of neutrality g. correspondence with hostile country h. flight to enemy country i. piracy and mutiny on the high seas j. rebellion k. conspiracy and proposal to commit rebellion l. disloyalty to public officers m. inciting to rebellion n. sedition o. conspiracy to commit sedition inciting to sedition

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ELEMENTS: a. b. c. d. That the offender is a public officer. That he formally resigns from his position. That his resignation has not yet been accepted. That he abandons his office to the detriment of the public service.

Abandonment of Office or Position Dereliction of Duty There is actual abandonment through Public officer does not abandon his office resignation to evade the discharge of duties. but merely fails to prosecute a violation of the law. Usurpation of legislative powers298 ELEMENTS: a. That the offender is an executive or judicial officer. b. That he (a.) makes general rules or regulations beyond the scope of his authority or (b.) attempts to repeal a law or (c.) suspends the execution thereof. Usurpation of executive functions299 ELEMENTS: a. b. That the offender is a judge. That he (a.) assumes a power pertaining to the executive authorities, or (b.) obstructs executive authorities in the lawful exercise of their powers.

Usurpation of judicial functions300 ELEMENTS: a. b. That the offender is an officer of the executive branch of the government. That he (a.) assumes judicial powers, or (b.) obstruct the execution of any order decision rendered by any judge within his jurisdiction.

298 299

Art. 239 Art. 240 Legislative officers are not liable for usurpation of executive functions 300 Art. 241 A mayor is guilty under this article when he investigates a case while a justice of the peace is in the municipality

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Disobeying request for disqualification301 ELEMENTS: a. b. c. d. e. That the offender is a public officer. That a proceeding is pending before such public officer. That there is a question brought before the proper authority regarding his jurisdiction, which is not yet decided. That he has been lawfully required to refrain from continuing the proceeding. That he continues the proceeding.

Addressing orders or requests by executive officer to any judicial authority302 ELEMENTS: a. b. c. That the offender is an executive officer. That the addresses any order or suggestion to any judicial authority. That the order or suggestion relates to any case or business coming within the exclusive jurisdiction of the courts of justice.

Unlawful appointments303 ELEMENTS: a. b. c. d. That the offender is a public officer. That he nominates or appoints a person to a public office. That such person lacks the legal qualification therefor. That the offender knows that his nominee or appointee lacks the qualification at the time he made the nomination or appointment.

Abuses against chastity304

301 302

Art, 242 Art. 243 Legislative or judicial officers are not liable under this article 303 Art. 244 Recommending, knowing that the person recommended is not qualified is not a crime There must be a law providing for the qualifications of a person to be nominated or appointed to a public office 304 Art. 245 The mother of the person in the custody of the public officer is not included Solicit: means to propose earnestly and persistently something unchaste and immoral to a woman The advances must be immoral or indecent The crime is consummated by mere proposal Proof of solicitation is not necessary when there is sexual intercourse

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ELEMENTS: a. b. c. That the offender is a public officer. That he solicits or makes immoral or indecent advances to a woman. That such woman must be – 1. interested in matters pending before the offender for decision, or with respect to which he is required to submit a report to or consult with a superior officer, or 2. under the custody of the offender who is a warden or other public officer directly charged with care and custody of prisoners or person under arrest, or 3. the wife, daughter, sister or relative within the same degree by affinity of the person in the custody of the offender a. Anti-Graft and Corrupt Practices Act 305 (1) Coverage Certain acts of public officers and private persons alike which constitute graft or corrupt practices or which may lead thereto. (2) Punishable acts a. Any public officer who shall perform any of the following acts: 1. Persuading, 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, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense. 2. Directly or indirectly requesting or receiving any gift, present, share, percentage, 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. 3. Directly, or indirectly requesting or receiving any gift, present, or other pecuniary or material benefit, for himself or for another, from any person for whom the public officer, in any manner of capacity, has secured or obtained, or will secure or obtain, any Government permit or license, in consideration for the held given or to be given. 4. 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. 5. Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage, or preference in the discharge of his official, administrative or judicial function through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions.
R.A. 3019, as amended

305

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6. Neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable time on any matter pending before him for the purpose of obtaining directly or indirectly, from any person interested in the matter some pecuniary or material benefit or advantage, or for the purpose of favoring his own interest of giving undue advantage in favor of or discriminating against any other interested party. 7. Entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby. 8. Directly or indirectly having financial or pecuniary interest in any business, contract or transaction in connection with which he intervenes or take part in his official capacity, or in which he is prohibited by the constitution or by any law from having any interest. 9. Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction or act requiring the approval of a board, panel, or group of which he is a member, and which exercises discretion in such approval, even if he votes against the same or does not participate in the action of the board, committee, panel or group. 10. Knowingly approving or granting any license, permit, privilege, or benefit in favor of any person not qualified for or not legally entitled to such license, permit, privilege, or advantage, or of a mere representative or dummy of one who is not so qualified or entitled. 11. Divulging valuable information of a confidential character, acquired by his office or by him on account of his official position to unauthorized persons, or releasing such information in advance of its authorized release date. b. 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, gift, or material, or pecuniary advantage from any person having some business, transaction, application, request, or contact with the government in which such public official has to intervene (Sec. 4) c. Any person who shall knowingly induce or cause any public official to commit any of the offenses under (A). (Sec. 4) d. Spouse or any relative, by consanguinity or affinity, within the 3rd civil degree, of the president of the Philippines, the vice-president, the president of the Senate, or speaker of the house of Representatives, who shall intervene, directly or indirectly, in any business transaction, contract or application with the gov’t (Sec. 5). (3) Exceptions This prohibition shall not apply to: 1. Any person who, prior to the assumption of office of any of the above officials to whom he is related, has been already dealing with the gov’t along the same line of business; 2. Any transaction, contract or application already existing or pending at the time of such assumption of public office;

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3. Any application filed by him, the approval of which is not discretionary on the part of the official(s) concerned but depends upon compliance with requisites provided by law, or rules or regulations issued pursuant to law; 4. Any act lawfully performed an official capacity or in the exercise of a profession. e. Any member of congress, during the term for which he has been elected, 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. f. Any public officer who shall fail to file a true, detailed and sworn statement of assets and liabilities within 30 days after assuming office and thereafter on or before the 15th day of April following the close of every calendar year, as well as upon the expiration of his term of office, or upon his resignation or separation from office (Sec. 7). 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, shall be excepted from the provisions of this act (Sec. 14). b. Anti-Plunder Act306 (1) Definition of terms a) Public Officer means any person holding any public office in the Government of the Republic of the Philippines by virtue of an appointment, election or contract. b) Government includes the National Government, and any of its subdivisions, agencies or instrumentalities, including government-owned or -controlled corporations and their subsidiaries. c) Person includes any natural or juridical person, unless the context indicates otherwise307. (2) Ill-gotten wealth Any asset, property, business enterprise or material possession of any person within the purview of Section Two (2) hereof, acquired by him directly or indirectly through dummies, nominees, agents, subordinates and/or business associates by any combination or series of the following means or similar schemes: 1) Through misappropriation, conversion, misuse, or malversation of public funds or raids on the public treasury;

306 307

R.A. 7080, as amended Sec. 1.

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2) By receiving, directly or indirectly, any commission, gift, share, percentage, 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; 3) By the illegal or fraudulent conveyance or disposition of assets belonging to the National Government or any of its subdivisions, agencies or instrumentalities or government-owned or -controlled corporations and their subsidiaries; 4) By obtaining, receiving or accepting directly or indirectly any shares of stock, equity or any other form of interest or participation including promise of future employment in any business enterprise or undertaking; 5) By establishing agricultural, industrial or commercial monopolies or other combinations and/or implementation of decrees and orders intended to benefit particular persons or special interests; or 6) By taking undue advantage of official position, authority, relationship, connection or influence to unjustly enrich himself or themselves at the expense and to the damage and prejudice of the Filipino people and the Republic of the Philippines.308 (3) Plunder Any public officer who, by himself or in connivance with members of his family, relatives by affinity or consanguinity, business associates, subordinates or other persons, amasses, accumulates or acquires ill-gotten wealth through a combination or series of overt criminal acts as described in Section 1 (d) hereof in the aggregate amount or total value of at least Fifty million pesos (P50,000,000.00) shall be guilty of the crime of plunder and shall be punished by reclusion perpetua to death. Any person who participated with the said public officer in the commission of an offense contributing to the crime of plunder shall likewise be punished for such offense. In the imposition of penalties, the degree of participation and the attendance of mitigating and extenuating circumstances, as provided by the Revised Penal Code, shall be considered by the court. The court shall declare any and all ill-gotten wealth and their interests and other incomes and assets including the properties and shares of stocks derived from the deposit or investment thereof forfeited in favor of the State.309 (4) Series / Combination310 (5) Pattern For purposes of establishing the crime of plunder, it shall not be necessary to prove each and every criminal act done by the accused in furtherance of the scheme or conspiracy to amass, accumulate or acquire ill-gotten wealth, it being sufficient to establish beyond
308 309

Ibid. Sec. 2, as amended by R.A. 7659. 310 See (3) Plunder

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reasonable doubt a pattern of overt or criminal acts indicative of the overall unlawful scheme or conspiracy311 c. Human Security Act of 2007312 (1) Failure to deliver suspect to proper judicial authority313 The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon any police or law enforcement personnel who has apprehended or arrested, detained and taken custody of a person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism and fails to deliver such charged or suspected person to the proper judicial authority within the period of three days. (2) Infidelity in the custody of detained persons Any public officer who has direct custody of a detained person or under the provisions of this Act and who by his deliberate act, misconduct, or inexcusable negligence causes or allows the escape of such detained person shall be guilty of an offense and shall suffer the penalty of: (a) twelve (12) years and one day to twenty (20) years of imprisonment, if the detained person has already been convicted and sentenced in a final judgment of a competent court; and (b) six years and one day to twelve (12) years of imprisonment, if the detained person has not been convicted and sentenced in a final judgment of a competent court.314 (3) False prosecution Damages for Unproven Charge of Terrorism. - Upon acquittal, any person who is accused of terrorism shall be entitled to the payment of damages in the amount of Five hundred thousand pesos (P500,000.00) for every day that he or she has been detained or deprived of liberty or arrested without a warrant as a result of such an accusation. The amount of damages shall be automatically charged against the appropriations of the police agency or the Anti-Terrorism Council that brought or sanctioned the filing of the charges against the accused. It shall also be released within fifteen (15) days from the date of the acquittal of the accused. The award of damages mentioned above shall be without prejudice to the right of the acquitted accused to file criminal or administrative charges against those responsible for charging him with the case of terrorism. Any officer, employee, personnel, or person who delays the release or refuses to release the amounts awarded to the individual acquitted of the crime of terrorism as directed in the paragraph immediately preceding shall suffer the penalty of six months of imprisonment.

311 312

Sec. 4. R.A. 9372 313 Sec. 20. 314 Sec. 44.

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If the deductions are less than the amounts due to the detained persons, the amount needed to complete the compensation shall be taken from the current appropriations for intelligence, emergency, social or other funds of the Office of the President. In the event that the amount cannot be covered by the current budget of the police or law enforcement agency concerned, the amount shall be automatically included in the appropriations of the said agency for the coming year.315 8. Crimes Against Persons Parricide316 ELEMENTS: 1. That a person is killed. 2. That the deceased is killed by the accused. 3. That the deceased is the father, mother, or child, whether legitimate or illegitimate, or a legitimate other ascendant or other descendant, or the legitimate spouse of the accused Death or physical injuries under exceptional circumstances317
315 316

Sec. 50 Art. 246 The relationship of the offender with the victim is the essential element of the felony Parents and children are not included in the term ―ascendants‖ or ―descendants‖ The other ascendant or descendant must be legitimate. On the other hand, the father, mother or child may be legitimate or illegitimate The child should not be less than 3 days old. Otherwise, the offense is infanticide Relationship must be alleged A stranger who cooperates in committing parricide is liable for murder or homicide Even if the offender did not know that the person he had killed is his son, he is still liable for parricide because the law does not require knowledge of the relationship 317 Art. 247 Article does not define or penalize a felony Not necessary that the parent be legitimate Article applies only when the daughter is single Surprise: means to come upon suddenly or unexpectedly Art 247 is applicable when the accused did not see his spouse in the act sexual intercourse with another person. However, it is enough that circumstances reasonably show that the carnal act is being committed or has been committed Sexual intercourse does not include preparatory acts Immediately thereafter: means that the discovery, escape, pursuit and the killing must all form parts of one continuous act The killing must be the direct by-product of the rage of the accused No criminal liability is incurred when less serious or slight physical injuries are inflicted. Moreover, in case third persons caught in the crossfire suffer physical injuries, the accused is not liable. The principle that one is liable for the consequences of his felonious act is not applicable because he is not committing a felony

113

Requisites: 1. A legally married person or parent surprises his spouse or daughter (the latter must be under 18 and living with them) in the act of committing sexual intercourse with another person 2. He/she kills any or both of them or inflicts upon any or both of them any serious physical injury in the act or immediately thereafter 3. He has not promoted or facilitated the prostitution of his wife or daughter, or that he has not consented to the infidelity of the other spouse. Murder318 ELEMENTS: 1. That a person was killed. 2. That the accused killed him. 3. That the killing was attended by any of the following qualifying circumstances a. with treachery, taking advantage of superior strength, with the aid or armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity b. in consideration of price, reward or promise c. by means of inundation, fire, poison, explosion, shipwreck, stranding of vessel, derailment or assault upon a street car or locomotive, fall of airship, by means of motor vehicles or with the use of any other means involving great waste or ruin d. on occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic or any other public calamity e. with evident premeditation f. with cruelty, by deliberately and inhumanely augmenting the suffering of the victim or outraging or scoffing at his person or corpse 4. The killing is not parricide or infanticide.

318

Art. 248 The victim must be killed in order to consummate the offense. Otherwise, it would be attempted or frustrated murder Murder will exist with only one of the circumstances. The other circumstances are absorbed or included in one qualifying circumstance. They cannot be considered as generic aggravating circumstances Any of the qualifying circumstances must be alleged in the information. Otherwise, they will only be considered as generic aggravating circumstances Treachery and premeditation are inherent in murder with the use of poison

114

Homicide319 ELEMENTS: 1. 2. 3. 4. That a person was killed. That the accused killed him without any justifying circumstances. That the accused had the intention to kill, which is presumed. That the killing was not attended by any of the qualifying circumstances of murder, or by that of parricide or infanticide.

Death in a tumultous affray320 ELEMENTS: 1. That there be several persons. 2. That they did not compose groups organized for the common purpose of assaulting and attacking each other reciprocally. 3. That these several persons quarreled and assaulted one another in a confused and tumultuous manner. 4. That someone was killed in the course of the affray. 5. That it cannot be ascertained who actually killed the deceased. 6. That the person or persons who inflicted serious physical injuries or who used violence can be identified. Physical injuries inflicted in a tumultous affray321 ELEMENTS: 1. that there is a tumultuous affray as referred to in the preceding article. 2. That a participant or some participants thereof suffer serious physical injuries or physical injuries of a less serious nature only. 3. that the person responsible therefor cannot be identified.
319

Art. 249 Intent to kill is conclusively presumed when death resulted. Hence, evidence of intent to kill is required only in attempted or frustrated homicide There is no crime of frustrated homicide through negligence When the wounds that caused death were inflicted by 2 different persons, even if they were not in conspiracy, each one of them is guilty of homicide In all crimes against persons in which the death of the victim is an element, there must be satisfactory evidence of (1) the fact of death and (2) the identity of the victim 320 Art. 251 Tumultuous affray exists hen at least 4 persons take part in it When there are 2 identified groups of men who assaulted each other, there is no tumultuous affray Persons liable are: a. person/s who inflicted serious physical injuries b. if it is not known who inflicted serious physical injuries on the deceased, all persons who used violence upon the person of the victim 321 Art. 252

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4. That all those who appear to have used violence upon the person of the offended party are known. Giving assistance to suicide322 Acts punishable: 1. Assisting another to commit suicide, whether the suicide is consummated or not 2. Lending his assistance to another to commit suicide to the extent of doing the killing himself Discharge of firearms323 ELEMENTS: 1. that the offender discharges a firearm against or at another person. 2. That the offender has no intention to kill that person. Infanticide324

322

Art. 253 A person who attempts to commit suicide is not criminally liable A pregnant woman who tried to commit suicide by means of poison but instead of dying, the fetus in her womb was expelled, is not liable for abortion Assistance to suicide is different from mercy-killing. Euthanasia is the practice of painlessly putting to death a person suffering from some incurable disease. In this case, the person does not want to die. A doctor who resorts to euthanasia may be held liable for murder Penalty is mitigated if suicide is not successful 323 Art. 254 The offender must shoot at another with any firearm without intention of killing him. If the firearm is not discharged at a person, the act is not punished under this article A discharge towards the house of the victim is not discharge of firearm. On the other hand, firing a gun against the house of the offended party at random, not knowing in what part of the house the people were, it is only alarm under art 155. Usually, the purpose of the offender is only to intimidate or frighten the offended party Intent to kill is negated by the fact that the distance between the victim and the offender is 200 yards A person can be held liable for discharge even if the gun was not pointed at the offended party when it fired for as long as it was initially aimed at or against the offended party 324 Art. 255 When the offender is the father, mother or legitimate ascendant, he shall suffer the penalty prescribed for parricide. If the offender is any other person, the penalty is that for murder. In either case, the proper qualification for the offense is infanticide When infanticide is committed by the mother or maternal grandmother in order to conceal the dishonor, such fact is only mitigating The delinquent mother who claims that she committed the offense to conceal the dishonor must be of good reputation. Hence, if she is a prostitute, she is not entitled to a lesser penalty because she has no honor to conceal There is no infanticide when the child was born dead, or although born alive it could not sustain an independent life when it was killed

116

ELEMENTS: 1. That a child was killed. 2. That the deceased child was less than three days (72 hours) of age. 3. That the accused killed the said child. Intentional abortion325 ELEMENTS: 1. That there is a pregnant woman. 2. That violence is exerted, or drugs or beverages administered, or that the accused otherwise acts upon such pregnant woman. 3. That as a result of the use of violence or drugs or beverages upon her, or any other act of the accused, the fetus dies, either in the womb or after having been expelled therefrom. 4. That the abortion is intended. Unintentional abortion326 ELEMENTS: 1. 2. 3. 4. That there is a pregnant woman. That violence is used upon such pregnant woman without intending an abortion. That the violence is intentionally exerted. That as a result of the violence that fetus dies, either in the womb or after having been expelled therefrom.

Abortion practiced by the woman herself or by her parents327 ELEMENTS: 1. That there is a pregnant woman who has suffered an abortion. 2. That the abortion is intended.
325 326

Art. 256 Art. 257 Unintentional abortion can also be committed through negligence The accused can only be held liable if he knew that the woman was pregnant If there is no intention to cause abortion and neither was violence exerted, arts 256 and 257 does not apply 327 Art. 258 Liability of the pregnant woman is mitigated if the purpose is to conceal her dishonor. However, there is no litigation for the parents of the pregnant women even if their purpose is to conceal their daughter’s dishonor In infanticide, parents can avail of the mitigating circumstance of concealing the dishonor of their daughter. This is not so for art 258

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3. That the abortion is caused by – a. the pregnant woman herself b. any other person, with her consent, or c. any of her parents, with her consent for the purpose of concealing her dishonor. Abortion practiced by a physician or midwife and dispensing of abortives328 ELEMENTS: That there is a pregnant woman who has suffered an abortion. 1. That the abortion is intended. 2. That the offender, who must be a physician or midwife, causes or assists in causing the abortion. 3. That said physician or midwife takes advantage of his or her scientific knowledge or skill. Responsibility of participants in a duel329 Acts punished: 1. Killing one’s adversary in a duel 2. Inflicting upon the adversary serious physical injuries 3. Making a combat although no physical injuries have been inflicted Persons liable: 1. Principals – person who killed or inflicted physical injuries upon his adversary, or both combatants in any other cases 2. Accomplices – as seconds

328

Art. 259. It is not necessary that the pharmacist knew that the abortive would be used to cause abortion. What is punished is the act of dispensing an abortive without the proper prescription. It is not necessary that the abortive be actually used If the pharmacist knew that the abortive would be used to cause abortion and abortion results, he is liable as an accomplice 329 Art. 260 Duel: a formal or regular combat previously concerted between 2 parties in the presence of 2 or more seconds of lawful age on each side, who make the selection of arms and fix all the other conditions of the fight If death results, the penalty is the same as that for homicide

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Challenging to a duel330 Acts punishable: 1. Challenging another to a duel 2. Inciting another to give or accept a challenge to a duel 3. Scoffing at or decrying another publicly for having refused to accept a challenge to fight a duel Persons liable: 1. Challenger 2. Instigators II. PHYSICAL INJURIES Mutilation331 Elements: 1. There be a castration i.e. mutilation of organs necessary for generation 2. Mutilation is caused purposely and deliberately Serious physical injuries332
330 331

Art. 261 Art. 262 Kinds of Mutilation Intentionally mutilating another by depriving him, totally or partially, of some essential organ for reproduction Intentionally making another mutilation, i.e. lopping, clipping off any part of the body of the offended party, other than the essential organ for reproduction, to deprive him of that part of the body In the first kind of mutilation, the castration must be made purposely. Otherwise, it will be considered as mutilation of the second kind Mayhem: refers to any other intentional mutilation 332 Art. 263 How Committed 1. Wounding 2. Beating 3. Assaulting 4. Administering injurious substances Serious physical injuries is qualified when the crime is committed against the same persons enumerated in the article on parricide or when it is attended by any of the circumstances defining the crime of murder. However, serious physical injuries resulting from excessive chastisement by parents is not qualified serious physical injuries Serious physical injuries may be committed through reckless imprudence or simple imprudence There must be no intent to kill Impotent should include inability to copulate and sterility Blindness requires loss of vision in both eyes. Mere weakness in vision is not contemplated Loss of power to hear must involve both ears. Otherwise, it will be considered as serious physical injuries under par 3 Loss of use of hand or incapacity of usual work in par 2 must be permanent

119

What are serious physical injuries: 1. Injured person becomes insane, imbecile, impotent or blind 2. Injured person – a. loses the use of speech or the power to hear or to smell, loses an eye, a hand, foot, arm or leg b. loses the use of any such member c. becomes incapacitated for the work in which he had been habitually engaged 3. Injured person – a. becomes deformed b. loses any other member of his body c. loses the use thereof d. becomes ill or incapacitated for the performance of the work in which he had been habitually engaged in for more than 90 days 4. Injured person becomes ill or incapacitated for labor for more than 30 days (but not more than 90 days)

Par 2 refers to principal members of the body. Par 3 on the other hand, covers any other member which is not a principal part of the body. In this respect, a front tooth is considered as a member of the body, other than a principal member Deformity: means physical ugliness, permanent and definite abnormality. Not curable by natural means or by nature. It must be conspicuous and visible. Thus, if the scar is usually covered by a dress, it would not be conspicuous and visible The loss of 3 incisors is a visible deformity. Loss of one incisor is not. However, loss of one tooth which impaired appearance is a deformity Deformity by loss of teeth refers to injury which cannot be impaired by the action of the nature Loss of both outer ears constitutes deformity and also loss of the power to hear. Meanwhile, loss of the lobule of the ear is only a deformity Loss of the index and middle fingers is either a deformity or loss of a member, not a principal one of his body or use of the same Loss of the power to hear in the right ear is considered as merely loss of use of some other part of the body If the injury would require medical attendance for more than 30 days, the illness of the offended party may be considered as lasting more than 30 days. The fact that there was medical attendance for that period of time shows that the injuries were not cured for that length of time Under par 4, all that is required is illness or incapacity, not medical attendance In determining incapacity, the injured party must have an avocation at the time of the injury. Work: includes studies or preparation for a profession When the category of the offense of serious physical injuries depends on the period of the illness or incapacity for labor, there must be evidence of the length of that period. Otherwise, the offense will only be considered as slight physical injuries There is no incapacity if the injured party could still engage in his work although less effectively than before

120

Administering injurious substances or beverages333 ELEMENTS: 1. That the offender inflicted upon another person any serious physical injury 2. That it was done knowingly administering to him any injurious substances or beverages or by taking advantage of his weakness of mind of credulity 3. He had no intent to kill Less serious physical injuries334 ELEMENTS: 1. 2. That the offended party is incapacitated for labor for 10 days or more (but not more than 30 days), or needs medical attendance for the same period of time That the physical injuries must not be those described in the preceding articles

Slight physical injuries335 3 Kinds: 1. That which incapacitated the offended party for labor from 1-9 days or required medical attendance during the same period 2. That which did not prevent the offended party from engaging in his habitual work or which did not require medical attendance336 3. Ill-treatment of another by deed without causing any injury337

333

Art. 264 It is frustrated murder when there is intent to kill Administering means introducing into the body the substance, thus throwing of the acid in the face is not contemplated 334 Art. 265. Circumstances qualifying the offense: a. when there is manifest intent to insult or offend the injured person b. when there are circumstances adding ignominy to the offense c. when the victim is either the offender’s parents, ascendants, guardians, curators or teachers d. when the victim is a person of rank or person in authority, provided the crime is not direct assault It falls under this article even if there was no incapacity but the medical treatment was for 13 days 335 Art. 266 336 ex. Black-eye 337 ex. slapping but without causing dishonor

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a. Anti-Violence against Women and their Children Act

of 2004338

(1) Punishable acts Acts of Violence Against Women and Their Children.- The crime of violence against women and their children is committed through any of the following acts: (a) Causing physical harm to the woman or her child; (b) Threatening to cause the woman or her child physical harm; (c) Attempting to cause the woman or her child physical harm; (d) Placing the woman or her child in fear of imminent physical harm; (e) Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the right to desist from or desist from conduct which the woman or her child has the right to engage in, or attempting to restrict or restricting the woman's or her child's freedom of movement or conduct by force or threat of force, physical or other harm or threat of physical or other harm, or intimidation directed against the woman or child. This shall include, but not limited to, the following acts committed with the purpose or effect of controlling or restricting the woman's or her child's movement or conduct: (1) Threatening to deprive or actually depriving the woman or her child of custody to her/his family; (2) Depriving or threatening to deprive the woman or her children of financial support legally due her or her family, or deliberately providing the woman's children insufficient financial support; (3) Depriving or threatening to deprive the woman or her child of a legal right; (4) Preventing the woman in engaging in any legitimate profession, occupation, business or activity or controlling the victim's own mon4ey or properties, or solely controlling the conjugal or common money, or properties; (f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions; (g) Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape, by force or threat of force, physical harm, or through intimidation directed against the woman or her child or her/his immediate family;

338

R.A. 9262

122

(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another that alarms or causes substantial emotional or psychological distress to the woman or her child. This shall include, but not be limited to, the following acts: (1) Stalking or following the woman or her child in public or private places; (2) Peering in the window or lingering outside the residence of the woman or her child; (3) Entering or remaining in the dwelling or on the property of the woman or her child against her/his will; (4) Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child; and (5) Engaging in any form of harassment or violence; (i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children of access to the woman's child/children339. b. Anti-Child Pornography Law340 (1) Definition of terms (a) "Child" refers to a person below eighteen (18) years of age or over, but is unable to fully take care of himself/herself from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition. For the purpose of this Act, a child shall also refer to: (1) a person regardless of age who is presented, depicted or portrayed as a child as defined herein; and (2) computer-generated, digitally or manually crafted images or graphics of a person who is represented or who is made to appear to be a child as defined herein. (b) "Child pornography" refers to any representation, whether visual, audio, or written combination thereof, by electronic, mechanical, digital, optical, magnetic or any other means, of child engaged or involved in real or simulated explicit sexual activities. (c) "Explicit Sexual Activity" includes actual or simulated -

339 340

Sec. 5. R.A. 9775

123

(1) As to form: (i) sexual intercourse or lascivious act including, but not limited to, contact involving genital to genital, oral to genital, anal to genital, or oral to anal, whether between persons of the same or opposite sex; (2) bestiality; (3) masturbation; (4) sadistic or masochistic abuse; (5) lascivious exhibition of the genitals, buttocks, breasts, pubic area and/or anus; or (6) use of any object or instrument for lascivious acts (d) "Internet address" refers to a website, bulletin board service, internet chat room or news group, or any other internet or shared network protocol address. (e) "Internet cafe or kiosk" refers to an establishment that offers or proposes to offer services to the public for the use of its computer/s or computer system for the purpose of accessing the internet, computer games or related services. (f) "Internet content host" refers to a person who hosts or who proposes to host internet content in the Philippines. (g) "Internet service provider (ISP)" refers to a person or entity that supplies or proposes to supply, an internet carriage service to the public. (h) "Grooming" refers to the act of preparing a child or someone who the offender believes to be a child for sexual activity or sexual relationship by communicating any form of child pornography. It includes online enticement or enticement through any other means. (i) "Luring" refers to the act of communicating, by means of a computer system, with a child or someone who the offender believes to be a child for the purpose of facilitating the commission of sexual activity or production of any form of child pornography.(2) Bestiality; (j) "Pandering" refers to the act of offering, advertising, promoting, representing or distributing through any means any material or purported material that is intended to cause another to believe that the material or purported material contains any form of child pornography, regardless of the actual content of the material or purported material. (k) "Person" refers to any natural or juridical entity341.

341

Sec. 3.

124

(2) Unlawful or punishable acts It shall be unlawful for any person: (a) To hire, employ, use, persuade, induce or coerce a child to perform in the creation or production of any form of child pornography; (b) To produce, direct, manufacture or create any form of child pornography; (c) To publish offer, transmit, sell, distribute, broadcast, advertise, promote, export or import any form of child pornography; (d) To possess any form of child pornography with the intent to sell, distribute, publish, or broadcast: Provided. That possession of three (3) or more articles of child pornography of the same form shall be prima facie evidence of the intent to sell, distribute, publish or broadcast; (e) To knowingly, willfully and intentionally provide a venue for the commission of prohibited acts as, but not limited to, dens, private rooms, cubicles, cinemas, houses or in establishments purporting to be a legitimate business; (f) For film distributors, theaters and telecommunication companies, by themselves or in cooperation with other entities, to distribute any form of child pornography; (g) For a parent, legal guardian or person having custody or control of a child to knowingly permit the child to engage, participate or assist in any form of child pornography; (h) To engage in the luring or grooming of a child; (i) To engage in pandering of any form of child pornography; (j) To willfully access any form of child pornography; (k) To conspire to commit any of the prohibited acts stated in this section. Conspiracy to commit any form of child pornography shall be committed when two (2) or more persons come to an agreement concerning the commission of any of the said prohibited acts and decide to commit it; and (l) To possess any form of child pornography342.

342

Sec. 4.

125

c. Anti-Hazing Law343 (1) Hazing (a) Definition An initiation rite or practice as a prerequisite for admission into membership in a fraternity, sorority or organization by placing the recruit, neophyte or applicant in some embarrassing or humiliating situations such as forcing him to do menial, silly, foolish and other similar tasks or activities or otherwise subjecting him to physical or psychological suffering or injury.344 (b) Allowed initiation rites No hazing or initiation rites in any form or manner by a fraternity, sorority or organization shall be allowed without prior written notice to the school authorities or head of organization seven (7) days before the conduct of such initiation. The written notice shall indicate the period of the initiation activities which shall not exceed three (3) days, shall include the names of those to be subjected to such activities, and shall further contain an undertaking that no physical violence be employed by anybody during such initiation rites.345 (2) Who are liable The officers and members of the fraternity, sorority or organization who actually participated in the infliction of physical harm shall be liable as principals.346 The owner of the place where hazing is conducted shall be liable as an accomplice, when he has actual knowledge of the hazing conducted therein but failed to take any action to prevent the same from occurring. If the hazing is held in the home of one of the officers or members of the fraternity, group, or organization, the parents shall be held liable as principals when they have actual knowledge of the hazing conducted therein but failed to take any action to prevent the same from occurring. The school authorities including faculty members who consent to the hazing or who have actual knowledge thereof, but failed to take any action to prevent the same from occurring shall be punished as accomplices for the acts of hazing committed by the perpetrators. The officers, former officers, or alumni of the organization, group, fraternity or sorority who actually planned the hazing although not present when the acts constituting the hazing were committed shall be liable as principals. A fraternity or sorority's adviser who is
343

R.A. 8049

344 345

Sec. 1. Sec. 2 346 Sec. 4.

126

present when the acts constituting the hazing were committed and failed to take action to prevent the same from occurring shall be liable as principal. The presence of any person during the hazing is prima facie evidence of participation therein as principal unless he prevented the commission of the acts punishable herein. Any person charged under this provision shall not be entitled to the mitigating circumstance that there was no intention to commit so grave a wrong. This section shall apply to the president, manager, director or other responsible officer of a corporation engaged in hazing as a requirement for employment in the manner provided herein347. (3) Punishable acts 1. If death, rape, sodomy or mutilation results there from. 2. If in consequence of the hazing the victim shall become insane, imbecile, impotent or blind. 3. If in consequence of the hazing the victim shall have lost the use of speech or the power to hear or to smell, or shall have lost an eye, a hand, a foot, an arm or a leg or shall have lost the use of any such member shall have become incapacitated for the activity or work in which he was habitually engaged. 4. If in consequence of the hazing the victim shall become deformed or shall have lost any other part of his body, or shall have lost the use thereof, or shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged for a period of more than ninety (90) days. 5. If in consequence of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged for a period of more than thirty (30) days. 6. If in consequence of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged for a period of ten (10) days or more, or that the injury sustained shall require medical assistance for the same period. 7. If in consequence of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged from one (1) to nine (9) days, or that the injury sustained shall require medical assistance for the same period.

347

Ibid.

127

8. If in consequence of the hazing the victim sustained physical injuries which do not prevent him from engaging in his habitual activity or work nor require medical attendance. The responsible officials of the school or of the police, military or citizen's army training organization, may impose the appropriate administrative sanctions on the person or the persons charged under this provision even before their conviction. The maximum penalty herein provided shall be imposed in any of the following instances: (a) when the recruitment is accompanied by force, violence, threat, intimidation or deceit on the person of the recruit who refuses to join; (b) when the recruit, neophyte or applicant initially consents to join but upon learning that hazing will be committed on his person, is prevented from quitting; (c) when the recruit, neophyte or applicant having undergone hazing is prevented from reporting the unlawful act to his parents or guardians, to the proper school authorities, or to the police authorities, through force, violence, threat or intimidation; (d) when the hazing is committed outside of the school or institution; or (e) when the victim is below twelve (12) years of age at the time of the hazing348. d. Special Protection of Children Against Child Abuse,

Exploitation, and Discrimination Act349
(1) Coverage

Special protection to children350 from all forms of abuse, neglect, cruelty exploitation and discrimination and other conditions, prejudicial to their development; provide sanctions for their commission and carry out a program for prevention and deterrence of and crisis intervention in situations of child abuse351, exploitation and discrimination.352 (2) Child prostitution, punishable acts
348 349

Ibid. R.A. 7610, as amended. 350 refers to person below eighteen (18) years of age or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition; 351 Child abuse" refers to the maltreatment, whether habitual or not, of the child which includes any of the following: (1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment; (2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a human being; (3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or (4) Failure to immediately give medical treatment to an injured child resulting in serious impairment of his growth and development or in his permanent incapacity or death. 352 Sec. 2.

128

Child Prostitution and Other Sexual Abuse. – Children, whether male or female, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse. The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following: (a) Those who engage in or promote, facilitate or induce child prostitution which include, but are not limited to, the following: (1) Acting as a procurer of a child prostitute; (2) Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means; (3) Taking advantage of influence or relationship to procure a child as prostitute; (4) Threatening or using violence towards a child to engage him as a prostitute; or (5) Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such child in prostitution. (b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in prostitution or subject to other sexual abuse; Provided, That when the victims is under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as the case may be: Provided, That the penalty for lascivious conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its medium period; and (c) Those who derive profit or advantage therefrom, whether as manager or owner of the establishment where the prostitution takes place, or of the sauna, disco, bar, resort, place of entertainment or establishment serving as a cover or which engages in prostitution in addition to the activity for which the license has been issued to said establishment.353 (3) Child trafficking, punishable acts Any person who shall engage in trading and dealing with children including, but not limited to, the act of buying and selling of a child for money, or for any other consideration,

353

Section 5.

129

or barter, shall suffer the penalty of reclusion temporal to reclusion perpetua. The penalty shall be imposed in its maximum period when the victim is under twelve (12) years of age354. e. Juvenile Justice and Welfare Act of 2006355; also refer to

Child and Youth Welfare Code356
(1) Punishable acts

Prohibition Against Labeling and Shaming. - In the conduct of the proceedings beginning from the initial contact with the child, the competent authorities must refrain from branding or labeling children as young criminals, juvenile delinquents, prostitutes or attaching to them in any manner any other derogatory names. Likewise, no discriminatory remarks and practices shall be allowed particularly with respect to the child's class or ethnic origin.357 Other Prohibited Acts. - The following and any other similar acts shall be considered prejudicial and detrimental to the psychological, emotional, social, spiritual, moral and physical health and well-being of the child in conflict with the law and therefore, prohibited: (a) Employment of threats of whatever kind and nature; (b) Employment of abusive, coercive and punitive measures such as cursing, beating, stripping, and solitary confinement; (c) Employment of degrading, inhuman end cruel forms of punishment such as shaving the heads, pouring irritating, corrosive or harmful substances over the body of the child in conflict with the law, or forcing him/her to walk around the community wearing signs which embarrass, humiliate, and degrade his/her personality and dignity; and (d) Compelling the child to perform involuntary servitude in any and all forms under any and all instances358. f. Human Security Act of 2007359 (1) Punishable acts of terrorism360 (2) Who are liable361

354 355

Sec. 7. R.A. 9344. 356 P.D. 603, as amended. 357 Sec. 60. 358 Sec. 61. 359 R.A. 9372 360 supra 361 Ibid.

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9. Crimes Against Personal Liberty and Security Kidnapping and serious illegal detention362 ELEMENTS: 1. Offender is a private individual 2. He kidnaps or detains another, or in any other manner deprives the latter of his liberty 3. The act of detention or kidnapping must be illegal 4. That in the commission of the offense, any of the following circumstances are present (becomes serious) a. that the he kidnapping/detention lasts for more than 3 days b. that it is committed simulating public authority c. that any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made, or d. that the person kidnapped or detained is a minor (except if parent is the offender), female or a public officer Slight illegal detention363 ELEMENTS: 1. Offender is a private person 2. He kidnaps or detains another or in any other manner deprives him of his liberty / furnished place for the perpetuation of the crime 3. That the act of detention or kidnapping must be illegal 4. That the crime is committed without the attendant of any of the circumstances enumerated in Art 267 Unlawful arrest364
362 363

Art. 267 Art. 268 Privileged mitigating circumstances: If the offender: a. voluntarily releases the person so kidnapped or detained within 3 days from the commencement of the detention b. without having attained the purpose intended and c. before the institution of criminal proceedings against him 364 Art. 269 Offender is any person, so either a public officer or private individual Refers to warrantless arrests In art 125, the detention is for some legal ground while here, the detention is not authorized by law In art 125, the crime pertains to failure to deliver the person to the proper judicial authority within the prescribed period while here, the arrest is not authorized by law

131

ELEMENTS: 1. That the offender arrests or detains another person 2. That the purpose of the offender is to deliver him to the proper authorities 3. That the arrest or detention is not authorized by law or there is no reasonable ground therefor Kidnapping and failure to return a minor365 ELEMENTS: 1. That the offender is entrusted with the custody of a minor person366 2. That he deliberately fails to restore the said minor to his parents Inducing a minor to abandon his home367 ELEMENTS: 1. That the minor (whether over or under 7) is living in the home of his parents or guardians or the person entrusted with his custody 2. That the offender induces a minor to abandon such home Slavery368 ELEMENTS: 1. That the offender purchases. Sells, kidnaps or detains a human being. 2. That the purpose of the offender is to enslave such human being. Exploition of child labor369 ELEMENTS: 1. That the offender retains a minor in his service. 2. That it is against the will of the minor. 3. That it is under the pretext of reimbursing himself of a debt incurred by an ascendant, guardian or person entrusted with the custody of such minor.

365 366

Art. 270 whether over or under 7 but less than 18 yrs old 367 Art. 271 Inducement must be actual, committed with criminal intent and determined by a will to cause damage Minor should not leave his home of his own free will Mitigating if by father or mother 368 Art. 272 Qualifying circumstance – if the purpose of the offender is to assign the offended party to some immoral traffic (prostitution), the penalty is higher 369 Art. 273

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Services rendered under compulsion in payment of debt370 ELEMENTS: 1. That the offender compels a debtor to work for him, either as household servant or farm laborer. 2. That it is against the debtor’s will. 3. That the purpose is to require or enforce the payment of a debt. II. CRIMES AGAINST SECURITY371 Abandonment of person in danger and abandonment of one’s own victim: Acts punishable: 1. By failing to render assistance to any person whom the offender finds in an inhabited place wounded or in danger of dying, when he can render such assistance without detriment to himself, unless such omission shall constitute a more serious offense ELEMENTS: a. b. c. d. That place is not inhabited. The accused found there a person wounded or in danger of dying. The accused can render assistance without detriment to himself. The accused fails to render assistance.

2. By failing to help or render assistance to another whom the offender has accidentally wounded or injured 3. By failing to deliver a child, under 7 whom the offender has found abandoned, to the authorities or to his family, or by failing to take him to a safe place

370 371

Art. 274 Art. 275

133

Abandoning a minor372 ELEMENTS: That the offender has the custody of a child. 1. That the child is under seven years of age. 2. That he abandons such child. 3. That he has no intent to kill the child when the latter is abandoned. Abandonment of minor by person entrusted with his custody; indifference of parents373 Acts punished: 1. By delivering a minor to a public institution or other persons w/o consent of the one who entrusted such minor to the care of the offender or, in the absence of that one, without the consent of the proper authorities ELEMENTS: a. That the offender has charged of the rearing or education of a minor. b. That he delivers said minor to a public institution or other persons. c. That the one who entrusted such child to the offender has not consented to such act, or if the one who entrusted such child to the offender is absent; the proper authorities have not consented to it. 2. By neglecting his (offender’s) children by not giving them education which their station in life requires and financial condition permits ELEMENTS: a. That the offender is a parent. b. That he neglects his children by not giving them education. c. That his station in life requires such education and his financial condition permits it.

372

Art. 276 Conscious, deliberate, permanent, unless punishable by a more serious offense Qualifying circumstances: a. when the death of the minor resulted from such abandonment b. if the life of the minor was in danger because of the abandonment 373 Art. 277

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Exploitation of minors374 Acts punished: 1. By causing any boy or girl under 16 to perform any dangerous feat of balancing, physical strength or contortion, the offender being any person 2. By employing children under 16 who are not the children or descendants of the offender in exhibitions of acrobat, gymnast, rope-walker, diver, or wild-animal tamer or circus manager or engaged in a similar calling 3. By employing any descendant under 12 in dangerous exhibitions enumerated in the next preceding paragraph, the offender being engaged in any of said callings 4. By delivering a child under 16 gratuitously to any person following any of the callings enumerated in par 2 or to any habitual vagrant or beggar, the offender being an ascendant, guardian, teacher or person entrusted in any capacity with the care of such child 5. By inducing any child under 16 to abandon the home of its ascendants; guardians, curators or teachers to follow any person engaged in any of the callings mentioned in par 2 or to accompany any habitual vagrant or beggar, the offender being any person Trespass to dwelling375 ELEMENTS: 1. That the offender is a private person. 2. That he enters the dwelling of another. 3. That such entrance is against the latter’s will.

374

Art. 278 Qualifying Circumstance – if the delivery of the child to any person following any of the callings of acrobat, rope-walker, diver or wild-animal trainer or circus manager or to any habitual vagrant of beggar is made in consideration of any price, compensation or promise, the penalty is higher. 375 Art. 280 Qualifying circumstance: if the offense is committed by means of violence or intimidation, the penalty is higher There must be an opposition to the entry of the accused Implied prohibition is present considering the situation – late at night and everyone’s asleep or entrance was made through the window Prohibition is not necessary when violence or intimidation is employed by the offender When there is no overt act of the crime intended to be committed, this is the crime May be committed even by the owner (as against the actual occupant) Not applicable to: a. entrance is for the purpose of preventing harm to himself, the occupants or a third person b. purpose is to render some service to humanity or justice c. place is a café, tavern etc. while open Medina case: when the accused entered the dwelling through the window, he had no intent to kill any person inside, but the intention to kill came to his mind when he was being arrested by the occupants thereof, the crime of trespass to dwelling is a separate and distinct offense from frustrated homicide

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Other forms of trespass376 ELEMENTS: 1. 2. 3. 4. That the offender enters the closed premises or the fenced estate of another. That the entrance is made while either of them is uninhabited. That the prohibition to enter be manifest. That the trespasser has not secured the permission of the owner or the caretaker thereof.

Grave threats where offender attained his purpose377 Acts punishable: 1. By threatening another with the infliction upon his person, honor or property that of his family of any wrong amounting to a crime and demanding money or imposing any other condition, even though not unlawful and the offender.378 ELEMENTS: a. That the offender threatens another person with the infliction upon the latter’s person, honor or property, or upon that of the latter’s family, of any wrong. b. That such wrong amounts to a crime. c. That there is a demand for money or that any other condition is imposed, even though not unlawful. d. That the offender attains his purpose. 2. By making such threat without the offender attaining his purpose 3. By threatening another with the infliction upon his person, honor or property or that of his family of any wrong amounting to a crime, the threat not being subject to a condition379 ELEMENTS: a. That the offender threatens another person with the infliction upon the latter’s person, honor or property, or upon that of the latter’s family, of any wrong. b. That such wrong amounts to a crime. c. That the threat is not subject to a condition

376 377

Art. 281 Art. 282 Aggravating circumstances: if made in writing or thru a middleman Frustrated – if not received by the person being threatened Art 284 bond from good behavior may be imposed (only in these offenses) 378 threat is with condition 379 threat is without condition

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Light threats380 ELEMENTS: 1. That the offender makes a threat to commit a wrong. 2. That the wrong does not constitute a crime. 3. That there is a demand for money or that other condition is imposed, even though not unlawful 4. That the offender has attained his purpose or, that he has not attained his purpose Bond for good behavior381 Other light threats382 ELEMENTS: 1. Person shall threaten another with a weapon, or draw weapon in a quarrel unless in self-defense. 2. In the heat of anger, person orally threatens another with some harm constituting a crime, without persisting in the idea involved in the threat. Subsequent acts did not persist. 3. Person orally threatens another with harm not constituting a felony. Grave coercions383 ELEMENTS: 1. That a person prevented another from doing something OR not to do something against his will, be it right or wrong; 2. That the prevention or compulsion be effected by violence, of force as would produce intimidation and control the will. 3. That the person that restrained the will and liberty by another had not the authority of law or the right to do so, or, in other words, that the restraint shall not be made under authority of law or in the exercise of any lawful right.

380

Art. 283 only in these offenses The wrong does not amount to a crime 381 Art. 284 382 Art. 285 383 Art. 286

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Light coercions384 ELEMENTS: 1. That the offender must be a creditor. 2. That he seizes anything belonging to his debtor. 3. That the seizure of the thing be accomplished by means of violence or a display of material force producing intimidation; 4. That the purpose of the offender is to apply the same to the payment of the debt. Other similar coercions385 ELEMENTS OF NO. 1 1. That the offender is any person, agent or officer of any association or corporation. 2. That he or such firm or corporation has employed laborers or employees. 3. That he forces or compels, directly or indirectly, or knowingly permits to be forced or compelled, any of his or its laborers or employees to purchase merchandise or commodities of any kind from his or from said firm or corporation. ELEMENTS OF NO. 2 1. That the offender pays the wages due a laborer or employee employed by him by means of tokens or objects. 2. That those tokens or objects are other than the legal tender currency to the Philippines. 3. That such employee or laborer does not expressly request that he be paid by means of tokens or objects. Formation, maintenance, and prohibition of combination of capital or labor through violence or threats386 ELEMENTS: 1. That the offender employs violence or threats, in such a degree as to compel or force the laborers or employers in the free and legal exercise of their industry or work 2. That the purpose is to organize, maintain or prevent coalitions of capital or labor, strike of laborers or lockout of employees.

384 385

Art. 287 Art. 288 386 Art. 289

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III. DISCOVERY AND REVELATION OF SECRETS Discovering secrets through seizure of correspondence387 ELEMENTS: 1. That the offender is a private individual or even a public officer not in the exercise of his official function, 2. That he seizes the papers or letters of another. 3. That the purpose is to discover the secrets of such another person. 4. That offender is informed of the contents or the papers or letters seized. Revealing secrets with abuse of office388 ELEMENTS: 1. That the offender is a manager, employee or servant. 2. That he learns the secrets of his principal or master in such capacity. 3. That he reveals such secrets. Revelation of industrial secrets389 ELEMENTS: 1. That the offender is a person in charge, employee or workman of a manufacturing or industrial establishment. 2. That the manufacturing or industrial establishment has a secret of the industry which the offender has learned. 3. That the offender reveals such secrets. 4. That the prejudice is caused to the owner. a. Anti-Wire Tapping Act390 (1) Punishable acts It shall be unlawful for any person, not being authorized by all the parties to any private communication or spoken word, to tap any wire or cable, or by using any other device or arrangement, to secretly overhear, intercept, or record such communication or spoken word by using a device commonly known as a dictaphone or dictagraph or dictaphone or walkie-talkie or tape recorder, or however otherwise described:
387

Art. 290 Not applicable to parents with respect to minor children Contents need not be secret but purpose prevails Circumstances qualifying the offense: when the offender reveals contents of such papers or letters of another to a 3rd person, the penalty is higher 388 Art. 291 389 Art. 292 390 R.A. 4200

139

It shall also be unlawful for any person, be he a participant or not in the act or acts penalized in the next preceding sentence, to knowingly possess any tape record, wire record, disc record, or any other such record, or copies thereof, of any communication or spoken word secured either before or after the effective date of this Act in the manner prohibited by this law; or to replay the same for any other person or persons; or to communicate the contents thereof, either verbally or in writing, or to furnish transcriptions thereof, whether complete or partial, to any other person: Provided, That the use of such record or any copies thereof as evidence in any civil, criminal investigation or trial of offenses mentioned in section 3 hereof, shall not be covered by this prohibition391. Any person who willfully or knowingly does or who shall aid, permit, or cause to be done any of the acts declared to be unlawful in the preceding section or who violates the provisions of the following section or of any order issued thereunder, or aids, permits, or causes such violation shall, upon conviction thereof, be punished by imprisonment for not less than six months or more than six years and with the accessory penalty of perpetual absolute disqualification from public office if the offender be a public official at the time of the commission of the offense, and, if the offender is an alien he shall be subject to deportation proceedings392. (2) Exceptions Any peace officer, who is authorized by a written order of the Court, to execute any of the acts declared to be unlawful in the two preceding sections in cases involving the crimes of treason, espionage, provoking war and disloyalty in case of war, piracy, mutiny in the high seas, rebellion, conspiracy and proposal to commit rebellion, inciting to rebellion, sedition, conspiracy to commit sedition, inciting to sedition, kidnapping as defined by the Revised Penal Code, and violations of Commonwealth Act No. 616, punishing espionage and other offenses against national security: Provided, That such written order shall only be issued or granted upon written application and the examination under oath or affirmation of the applicant and the witnesses he may produce and a showing: (1) that there are reasonable grounds to believe that any of the crimes enumerated hereinabove has been committed or is being committed or is about to be committed: Provided, however, That in cases involving the offenses of rebellion, conspiracy and proposal to commit rebellion, inciting to rebellion, sedition, conspiracy to commit sedition, and inciting to sedition, such authority shall be granted only upon prior proof that a rebellion or acts of sedition, as the case may be, have actually been or are being committed; (2) that there are reasonable grounds to believe that evidence will be obtained essential to the conviction of any person for, or to the solution of, or to the prevention of, any of such crimes; and (3) that there are no other means readily available for obtaining such evidence393.

391 392

Sec. 1 Sec. 2. 393 Sec. 3

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b. Human Security Act of 2007394 (1) Surveillance of suspects and interception and recording of communications The provisions of Republic Act No. 4200 (Anti-Wire Tapping Law) to the contrary notwithstanding, a police or law enforcement official and the members of his team may, upon a written order of the Court of Appeals, listen to, intercept and record, with the use of any mode, form, kind or type of electronic or other surveillance equipment or intercepting and tracking devices, or with the use of any other suitable ways and means for that purpose, any communication, message, conversation, discussion, or spoken or written words between members of a judicially declared and outlawed terrorist organization, association, or group of persons or of any person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism. Provided, That surveillance, interception and recording of communications between lawyers and clients, doctors and patients, journalists and their sources and confidential business correspondence shall not be authorized.395 (2) Restriction on travel In cases where evidence of guilt is not strong, and the person charged with the crime of terrorism or conspiracy to commit terrorism is entitled to bail and is granted the same, the court, upon application by the prosecutor, shall limit the right of travel of the accused to within the municipality or city where he resides or where the case is pending, in the interest of national security and public safety, consistent with Article III, Section 6 of the Constitution. Travel outside of said municipality or city, without the authorization of the court, shall be deemed a violation of the terms and conditions of his bail, which shall then be forfeited as provided under the Rules of Court.396 He/she may also be placed under house arrest by order of the court at his or her usual place of residence. While under house arrest, he or she may not use telephones, cellphones, e-mails, computers, the internet or other means of communications with people outside the residence until otherwise ordered by the court. The restrictions abovementioned shall be terminated upon the acquittal of the accused or of the dismissal of the case filed against him or earlier upon the discretion of the court on motion of the prosecutor or of the accused.

394

R.A. 9372 Sec. 7. 396 Sec. 26.
395

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(3) Examination of bank deposits and documents The provisions of Republic Act No. 1405 as amended, to the contrary notwithstanding, the justices of the Court of Appeals designated as a special court to handle anti-terrorism cases after satisfying themselves of the existence of probable cause in a hearing called for that purpose that: (1) a person charged with or suspected of the crime of terrorism or, conspiracy to commit terrorism, (2) of a judicially declared and outlawed terrorist organization, association, or group of persons; and (3) of a member of such judicially declared and outlawed organization, association, or group of persons, may authorize in writing any police or law enforcement officer and the members of his/her team duly authorized in writing by the anti-terrorism council to: (a) examine, or cause the examination of, the deposits, placements, trust accounts, assets and records in a bank or financial institution; and (b) gather or cause the gathering of any relevant information about such deposits, placements, trust accounts, assets, and records from a bank or financial institution. The bank or financial institution concerned, shall not refuse to allow such examination or to provide the desired information, when so, ordered by and served with the written order of the Court of Appeals.397. (b) Application The written order of the Court of Appeals authorizing the examination of bank deposits, placements, trust accounts, assets, and records: (1) of a person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism; (2) of any judicially declared and outlawed terrorist organization, association, or group of persons, or (3) of any member of such organization, association, or group of persons in a bank or financial institution, and the gathering of any relevant information about the same from said bank or financial institution, shall only be granted by the authorizing division of the Court of Appeals upon an ex parte application to that effect of a police or of a law enforcement official who has been duly authorized in writing to file such ex parte application by the Anti-Terrorism Council created in Section 53 of this Act to file such ex parte application, and upon examination under oath or affirmation of the applicant and, the witnesses he may produce to establish the facts that will justify the need and urgency of examining and freezing the bank deposits, placements, trust accounts, assets, and records: (1) of the person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism; (2) of a judicially declared and outlawed terrorist organization, association or group of persons; or (3) of any member of such organization, association, or group of persons398. (4) Unauthorized revelation of classified materials The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon any person, police or law enforcement agent, judicial officer or civil servant who, not being authorized by the Court of Appeals to do so, reveals in any manner or form any classified information under this Act399.
397 398

Sec. 27. Sec. 28. 399 Sec. 46.

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c. Anti-Trafficking in Persons Act of 2003400 (1) Punishable acts Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or juridical, to commit any of the following acts: (a) To recruit, transport, transfer; harbor, provide, or receive a person by any means, including those done under the pretext of domestic or overseas employment or training or apprenticeship, for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (b) To introduce or match for money, profit, or material, economic or other consideration, any person or, as provided for under Republic Act No. 6955, any Filipino woman to a foreign national, for marriage for the purpose of acquiring, buying, offering, selling or trading him/her to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or trading them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary servitude or debt bondage; (d) To undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose of utilizing and offering persons for prostitution, pornography or sexual exploitation; (e) To maintain or hire a person to engage in prostitution or pornography; (f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of said person; and (h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad401. Acts that Promote Trafficking in Persons. - The following acts which promote or facilitate trafficking in persons, shall be unlawful: (a) To knowingly lease or sublease, use or allow to be used any house, building or establishment for the purpose of promoting trafficking in persons;
400 401

R.A. 9208 Sec. 4.

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(b) To produce, print and issue or distribute unissued, tampered or fake counseling certificates, registration stickers and certificates of any government agency which issues these certificates and stickers as proof of compliance with government regulatory and predeparture requirements for the purpose of promoting trafficking in persons; (c) To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing, broadcasting or distribution by any means, including the use of information technology and the internet, of any brochure, flyer, or any propaganda material that promotes trafficking in persons; (d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of clearances and necessary exit documents from government agencies that are mandated to provide pre-departure registration and services for departing persons for the purpose of promoting trafficking in persons; (e) To facilitate, assist or help in the exit and entry of persons from/to the country at international and local airports, territorial boundaries and seaports who are in possession of unissued, tampered or fraudulent travel documents for the purpose of promoting trafficking in persons; (f) To confiscate, conceal, or destroy the passport, travel documents, or personal documents or belongings of trafficked persons in furtherance of trafficking or to prevent them from leaving the country or seeking redress from the government or appropriate agencies; and (g) To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a person held to a condition of involuntary servitude, forced labor, or slavery.402 Qualified Trafficking in Persons. - The following are considered as qualified trafficking: (a) When the trafficked person is a child; (b) When the adoption is effected through Republic Act No. 8043, otherwise known as the "Inter-Country Adoption Act of 1995" and said adoption is for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another. It is deemed committed in large scale if committed against three (3) or more persons, individually or as a group; (d) When the offender is an ascendant, parent, sibling, guardian or a person who exercises authority over the trafficked person or when the offense is committed by a public officer or employee;
402

Sec. 5.

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(e) When the trafficked person is recruited to engage in prostitution with any member of the military or law enforcement agencies; (f) When the offender is a member of the military or law enforcement agencies; and (g) When by reason or on occasion of the act of trafficking in persons, the offended party dies, becomes insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS).403 10. Crimes Against Property Robbery in general404 ELEMENTS: That there be personal property belonging to another. 1. That there is unlawful taking of that property. 2. That the taking must be with intent to gain, and 3. That there is violence against or intimidation of any person, or force upon anything. Robbery with violence Intent to gain Immediate harm Grave threats No intent to gain Intimidation; promises some future harm or injury Grave coercion None Intimidation (effect) is immediate and offended party is compelled to do something against his will (w/n right or wrong)

403 404

Sec. 6. Art. 293 Belonging to another – person from whom property was taken need not be the owner, legal possession is sufficient Name of the real owner is not essential so long as the personal property taken does not belong to the accused except if crime is robbery with homicide Taking of personal property – must be unlawful; if given in trust – estafa As to robbery with violence or intimidation – from the moment the offender gains possession of the thing even if offender has had no opportunity to dispose of the same, the unlawful taking is complete As to robbery with force upon things – thing must be taken out of the building Intent to gain – presumed from unlawful taking Taking must not be under the claim of title or ownership When there’s no intent to gain but there is violence in the taking – grave coercion Violence or intimidation must be against the person of the offended party, not upon the thing General rule: violence or intimidation must be present before the ―taking‖ is complete Except: when violence results in – homicide, rape, intentional mutilation or any of the serious physical injuries in par 1 and 2 of art 263, the taking of the property is robbery complexed with any of these crimes under art 294, even if taking is already complete when violence was used by the offender Use of force upon things – entrance to the building by means described in arts 299 and 302 (offender must enter) When both violence or intimidation and force upon things concur – it is robbery with violence

145

Robbery Bribery X didn’t commit crime but is intimidated to X has committed a crime and gives deprive him of his property money as way to avoid arrest or prosecution Deprived of Php thru force or intimidation Giving of Php is in one sense voluntary Neither Transaction is voluntary and mutual Ex. defendant demands payment of P2.00 with threats of arrest and prosecution, therefore, robbery because (a) intent to gain and (b) immediate harm Robbery with violence against or intimidation of person405 ELEMENTS: Acts punished as robbery with violence against or intimidation of persons By reason or on occasion of the robbery, the following are committed: 1. homicide 2. robbery accompanied with rape or intentional mutilation, SPI – insane, imbecile, impotent or blind 3. SPI – lost the use of speech, hear, smell, eye, hand, foot, arm, leg, use of any such member, incapacitated for work habitually engaged in 4. Violence/intimidation shall have been carried to a degree clearly unnecessary for the crime or when in the cause of its execution – SPI/deformity, or shall
405

Art. 294 Special complex crimes (specific penalties prescribed) a. robbery with homicide – if original design is robbery and homicide is committed – robbery with homicide even though homicide precedes the robbery by an appreciable time. If original design is not robbery but robbery was committed after homicide as an afterthought – 2 separate offenses. Still robbery with homicide – if the person killed was an innocent bystander and not the person robbed and if death supervened by mere accident. b. robbery with rape – intent to commit robbery must precede rape. Prosecution of the crime need not be by offended party – fiscal can sign the information. When rape and homicide coexist, rape should be considered as aggravating only and the crime is still robbery with homicide c. robbery with intimidation – acts done by the accused which by their own nature or by reason of the circumstances inspire fear in the person against whom they are directed Qualifying circumstances in robbery with violence or intimidation of persons, if any of the offenses defined in subdivisions 3, 4 and 5 of Art 294 is committed: a. in an uninhabited place or b. by a band or c. by attacking a moving train, street car, motor vehicle or airship, or d. by entering the passenger’s compartments in a train, or in any manner taking the passengers thereof by surprise in the respective conveyances, or e. on a street, road, highway or alley and the intimidation is made with the use of firearms, the offender shall be punished by the max period of the proper penalties prescribed in art 294

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have lost any part of the body or the use thereof or shall have been ill or incapacitated for the performance of the work for > 90 days; > 30 days 5. Any kind of robbery with less serious physical injuries or slight physical injuries Qualified robbery with violence or intimidation406 1. Must be alleged in the information 2. Can’t be offset by generic mitigating 3. Art 295 will not apply to: robbery w/ homicide, rape or SPI under par 1 of art 263 Robbery by a band407 1. More than 3 armed malefactors 2. Liability for the acts of the other members of the band a. he was a member of the band b. he was present at the commission of a robbery by that band c. other members of the band committed an assault d. he did not attempt to prevent the assault 3. Conspiracy to commit robbery with homicide – even if less than 4 armed men 4. Conspiracy to commit robbery only but homicide was committed also on the occasion thereof – all members of the band are liable for robbery with homicide 5. Conspiracy is presumed when 4 or more armed persons committed robbery 6. Unless the others attempted to prevent the assault – guilty of robbery by band only Attempted or frustrated robbery with homicide408 1. Whether robbery is attempted or frustrated, penalty is the same 2. Where offense committed is attempted or frustrated robbery with serious physical injuries – article 48 is applicable Execution of deeds by means of violence or intimidation409 ELEMENTS: 1. That the offender has intent to defraud another. 2. That the offender compels him to sign, execute, or deliver any public instrument or document. 3. That the compulsion is by means of violence or intimidation.

406 407

Art. 295 Art. 296 408 Art. 297 409 Art. 298

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Robbery in an inhabited house or public building or edifice devoted to worship410 ELEMENTS: That the offender entered (a) an inhabited house, or (b) public buildings, or (c) edifice devoted to religious worship. 1. That the entrance was effected by any of the following means: a. Through an opening not intended for entrance or egress. b. By breaking any wall, roof, or floor or breaking any door or window. c. By using false keys, picklocks or similar tools or. d. By using any fictitious name or pretending the exercise of public authority. 2. That once inside the building, the offender took personal property belonging to another with intent to gain.

410

Art. 299 Includes dependencies (stairways, hallways, etc.) Inhabited house – any shelter, ship or vessel constituting the dwelling of one or more person even though temporarily absent – dependencies, courts, corals, barns, etc. Not included – orchard, lands for cultivation. Important for robbery by use of force upon things, it is necessary that offender enters the building or where object may be found. NO ENTRY, NO ROBBERY Entrance is necessary – mere insertion of hand is not enough (whole body); not to get out but to enter – therefore, evidence to such effect is necessary P v. Lamahang – intent to rob being present is necessary Place: house or building; not car Public building – every building owned, rented or used by the government (though owned by private persons) though temporarily vacant Not robbery – passing through open door but getting out of a window Outside door must be broken, smashed. Theft – if lock is merely removed or door was merely pushed False keys – genuine keys stolen from the owner or any keys other than those intended by the owner for use in the lock Picklocks – specially made, adopted for commission of robbery Key – stolen not by force, otherwise, it’s robbery by violence and intimidation against persons False key – used in opening house and not furniture inside, otherwise, theft (for latter to be robbery., must be broken and not just opened) Gen. Rule: outside door. Exception: inside door in a separate dwelling, e.g. pretending to be police to be able to enter (not pretending after entrance)

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Robbery with force upon things411 ELEMENTS: 1. That the offender is inside a dwelling house, public building, or edifice devoted to religious worship, regardless of the circumstances under which he entered it 2. That the offender takes personal property belonging to another with intent to gain, under any of the following circumstances. a. by the breaking of doors, wardrobes, chests, or any other kind of locked or sealed furniture or receptacle, or b. by taking such furniture or objects away to be broken or forced open outside the place of the robbery. Robbery in an uninhabited place and by a band412 What is an uninhabited house, public building or building dedicated to religious worship and their dependencies413 1. dependencies – are all interior courts, corrals, warehouses, granaries or enclosed places: a. contiguous to the building b. having an interior entrance connected therewith c. which form part of the whole 2. Garage – must have 3 requirements. Exception: orchards/lands Robbery in an uninhabited place or in a private building414

411

Art. 299 (b) Entrance ( no matter how done) Offender may be servants or guests Destruction of keyhole of cabinet is robbery here When sealed box is taken out for the purpose of breaking it, no need to open – already consummated robbery Estafa – if box is in the custody of accused Theft – if box found outside and forced open 412 Art. 300 413 Art. 301 414 Art. 302 Second kind of robbery with force upon things Uninhabited place – is an uninhabited building (habitable, not any of the 3 places mentioned) Ex. warehouse, freight car, store. Exception: pigsty Same manner as 299 except that was entered into was an uninhabited place or a building other than the 3 mentioned in 299. Exception: does not include use of fictitious name or pretending the exercise of public authority Breaking of padlock (but not door) is only theft False keys – genuine keys stolen from the owner or any other keys other than those intended by the owner for use in the lock forcibly opened

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ELEMENTS: 1. That the offender entered an uninhabited place or a building which was not a dwelling house, not a public building, or not an edifice devoted to religious worship. 2. that any of the following circumstances was present: a. That entrance was effected through an opening not intended for entrance or egress. b. A wall, roof, floor, or outside door or window was broken. c. The entrance was effected through the use of false keys, picklocks or other similar tools. d. A door, wardrobe, chest, or any sealed or closed furniture or receptacle was broken or e. A closed or sealed receptacle was removed, even if the same be broken open elsewhere. 3. That with intent to gain the offender took therefrom personal property belonging to another. Robbery of cereals, fruits or fire wood in an uninhabited place or private building415 Illegal possession of picklocks or similar tools416 ELEMENTS: 1. That the offender has in his possession picklocks or similar tools. 2. That such picklocks or similar tools are specially adopted to the commission of robbery. 3. That the offender does not have lawful cause for such possession. False keys417 ELEMENTS: Picklocks, etc. 1. Genuine key stolen from owner. 2. Any key other than those intended by owner for use in the lock forcibly opened by the offender

415 416

Art. 303 Art. 304 Actual use of the same is not necessary 417 Art. 305 Possession of false keys here not punishable If key was entrusted and used to steal, not robbery (not stolen)

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brigandage418 Brigands – more than three armed persons forming a band Purpose: a. Robbery in highway b. Kidnapping for extortion or ransom. c. Any other purpose to be obtained by means of force and violence. Presumption of Brigandage: a. if members of lawless band and possession of unlicensed firearms (any of them) b. possession of any kind of arms (not just firearm) BRIGANDAGE ROBBERY IN BAND Purposes are given Only to commit robbery, not necessarily in hi-way Mere formation of a band for If the purpose is to commit a part robbery the above purpose Necessary to prove that band actually committed robbery Aiding and abetting a band of brigands419 ELEMENTS: That there is a band of brigands. 1. That the offender knows the band to be of brigands. 2. That the offender does any of the following acts: a. he in any manner aids, abets or protects such band if brigands, or b. he gives them information of the movements of the police or other peace officers of the government or c. He acquires or receives the property taken by such brigands.

418 419

Art. 306 Art. 307 PD 532 – brigandage. Seizure of any person for: (a) ransom; (b) extortion or other unlawful purpose; (c) taking away of property by violence or intimidation or force upon things or other unlawful means Committed by any person On any Phil hi-way

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Theft420 ELEMENTS : 1. That there be taking of personal property. 2. That said property belongs to another. 3. That the taking be done with intent to gain. 4. That the taking be done without the consent of the owner. 5. That the taking be accomplished without the use of violence against or intimidation of persons or force upon things. Persons liable: 1. Those who a) with intent to gain b) but without violence against or intimidation of persons not force upon things c) take d) personal property e) of another f) without the latter’s consent 2. Those who a) having found lost property b) fail to deliver the same to local authorities or its owner421 3. Those who a) after having maliciously damaged the property of another
420

Art. 308 Theft is consummated when offender is able to place the thing taken under his control and in such a situation as he could disclose of it at once (though no opportunity to dispose) i.e, the control test P v. Dino – applies only in theft of bulky goods (meaning there has to be capacity to dispose of the things). Otherwise, P v. Espiritu – full possession is enough Servant using car without permission deemed qualified theft though use was temporary Reyes says: there must be some character of permanency in depriving owner of the use of the object and making himself the owner, therefore must exclude ―joyride‖ Theft: if after custody (only material possession) of object was given to the accused, it is actually taken by him (no intent to return) e.g. felonious conversion. But it is estafa if juridical possession is transferred e.g., by contract of bailment Includes electricity and gas a. inspector misreads meter to earn b. one using a jumper Selling share of co-partner is not theft Salary must be delivered first to employee; prior to this, taking of Php is theft If offender claims property as his own (in good faith) – not theft (though later found to be untrue. If in bad faith – theft) Gain is not just Php – satisfaction, use, pleasure desired, any benefit (e.g. joyride) Actual gain is not necessary (intent to gain necessary) Allege lack of consent in info is important 421 Retention of money/property found is theft. Retention is failure to return (intent to gain) Knowledge of owner is not required, knowledge of loss is enough Finder in law is liable

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b) remove or make use of the fruits or object of the damage caused by them422 4. Those who a) enter an enclosed estate or a field where b) trespass is forbidden or which belongs to another and, without the consent of its owner c) hunts or fish upon the same or gather fruits, cereals or other forest or farm products Hunting, fishing or gathering fruits, etc. in enclosed estate423 ELEMENTS: 1. That there is an enclosed estate or a field where trespass is forbidden or which belongs to another; 2. That the offender enters the same. 3. That the offender hunts or fishes upon the same or gathers fruits, cereals or other forest or farm products, and 4. That the hunting or fishing or gathering of products is without the consent of the owner. Qualified theft424 ELEMENTS: 1. Committed by domestic servant, or 2. With grave abuse of confidence, or 3. Property stolen is: a. motor vehicle b. mail matter
422

Killing of cattle of another which destroyed his property and getting meat for himself

423

Art. 308, par. no.3 Fish not in fishpond, otherwise, qualified 424 Art. 310 ―grave abuse‖ – high degree of confidence e.g. guests no confidence, not qualified theft theft – material possession’ estafa – juridical possession qualified: if done by one who has access to place where stolen property is kept e.g., guards, tellers novation theory applies only if there’s a relation industrial partner is not liable for QT (estafa) when accused considered the deed of sale as sham (modus) and he had intent to gain, his absconding is QT see carnapping law: RA 6539 motor vehicle in kabit system sold to another-theft. Motor vehicle not used as PU in kabit system but under K of lease-estafa mail matter – private mail to be QT, Not postmaster – Art. 226 theft of large cattle

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c. large cattle d. coconut from plantation e. fish from fishpond or fishery, or 4. On occasion of calamities and civil disturbance. Theft of property of the national library and national museum425 Occupation of real property or usurpation of real rights in property426 ELEMENTS: 1. That the offender takes possession of any real property or usurps any real rights in property. 2. That the real property or real rights belong to another. 3. That violence against or intimidation of persons is used by the offender in occupying real property or usurpation real rights in property. 4. That there is intent to gain. Altering boundaries or landmarks427 ELEMENTS: 1. That there be boundary marks or monuments of towns, provinces, or estates, or any other marks intended to designate the boundaries of the same. 2. That the offender alters said boundary marks. Fraudulent insolvency428 ELEMENTS: 1. That the offender is a debtor; that is, he was obligations due and payable. 2. That he absconds with his property. 3. That there be prejudice to his creditors.

425 426

Art. 311 Art. 312 427 Art. 313 428 Art. 314 - culpable insolvency

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SWINDLING AND OTHER DECEITS Estafa in general429 ELEMENTS: 1. That the accused defrauded another (a.) by abuse of confidence, or (b) or means of deceit and 2. That damage or prejudice capable of pecuniary estimation is caused to the offended party or third person Estafa with unfaithfulness430 ELEMENTS: 1. That the offender has an onerous obligation to deliver something of value. 2. That he alters its substance, quantity, or quality. 3. That damage or prejudice is caused to another. Estafa with abuse of confidence431 ELEMENTS: 1. That money, goods, or other personal property be received by the offender in trust, or on commission, or for administration, or under any other obligation involving the duty to make delivery of or to return, the same. 2. That there be misappropriation or conversion of such money or property by the offender, or dental on his part of such receipt. 3. that such misappropriation or conversion or dental is to the prejudice of another and 4. That there is a demand made by the offended party to the offender. Estafa with abuse of confidence432
429 430

Art. 315 Art.315, Sub.1, Par. (A) 431 Art.315, Sub.1, Par. (B) 432 Ibid Unfaithful or Abuse of Confidence a. by altering the substance b. existing obligation to deliver – even if it is not a subject of lawful commerce c. thing delivered has not been fully or partially paid for – not estafa d. no agreement as to quality – No estafa if delivery is unsatisfactory By misappropriating and converting a. thing is received by offender under transactions transferring juridical possession, not ownership b. under PD 115 (Trust Receipts Law) – failure to turn over to the bank the proceeds of the sale of the goods covered by TR – Estafa c. same thing received must be returned otherwise estafa; sale on credit by agency when it was to be sold for cash – estafa d. Estafa – not affected by Novation of Contract because it is a public offense

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3 WAYS OF COMMITTING: 1. By misappropriating the thing received. 2. By converting the thing received. 3. By denying that the thing was received. ESTAFA WITH ABUSE OF CONFIDENCE Offenders are entrusted with funds or property and are continuing offenses Funds: always private Offender: private individual, or public officer not accountable Committed by misappropriating, converting, denying having received money MALVERSATION offenders are entrusted with funds or property and are continuing offenses Funds: public funds or property Offender: public officer accountable for public funds Committed by appropriating, taking, misappropriating

Estafa by taking undue advantage of the signature in blank433 ELEMENTS: 1. That the paper with the signature of the offended party be in blank434. 2. That the offended party should have delivered it to offender. 3. That above the signature of the offended party a document is written by the offender without authority to do so. 4. That the document so written creates a liability of, or causes damage to, the offended party or any third person.

e. Novation must take place before criminal liability was incurred or perhaps prior to the filing of the criminal information in court by state prosecutors f. Misappropriating – to take something for one’s own benefit g. Converting – act of using or disposing of another’s property as if it was one’s own; thing has been devoted for a purpose or use different from that agreed upon h. There must be prejudice to another – not necessary that offender should obtain gain i. Partners – No estafa of money or property received for the partnership when the business is commercial and profits accrued. BUT if property is received for specific purpose and is misappropriated – estafa! j. Failure to account after the DEMAND is circumstantial evidence of misappropriation k. DEMAND is not a condition precedent to existence of estafa when misappropriation may be established by other proof l. In theft, upon delivery of the thing to the offender, the owner expects an immediate return of the ting to him – otherwise, Estafa m. Servant, domestic or employee who misappropriates a thing he received from his master is NOT guilty of estafa but of qualified theft 1. When in the prosecution for malversation the public officer is acquitted, the private individual allegedly in conspiracy with him may be held liable for estafa 433 Art. 315 434 If the paper with signature in blank was stolen – Falsification if by making it appear that he participated in a transaction when in fact he did not so participate

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Estafa by means of deceit435 ELEMENTS: 1. that there must be a false pretense, fraudulent means must be made or executed prior to or 2. That such false pretense, fraudulent act or fraudulent means must be made or executed prior to or simultaneously with the commission of the fraud. 3. That the offended party must have relied on the false pretense, fraudulent act, or fraudulent means, that is, he was induced to part with his money or property because of the false pretense, fraudulent act, or fraudulent means. 4. That as a result thereof, the offended party suffered damage. Estafa by postdating a check or issuing a check in payment of an obligation436 ELEMENTS: 1. That the offender postdated a check, or issued a check in payment of an obligation. 2. That such postdatig or issuing a check was done when the offender had no funds in the bank or his funds deposited therein were not sufficient to cover the amount of the check. Offense defined in the first paragraph of section 1: bp 22437 ELEMENTS: 1. That a person makes or draws and issues any check. 2. That the check is made or drawn and issued to apply on account or for value. 3. That the person who makes or draws and issues the check knows at the time of issue that he does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment. 4. That the check is subsequently dishonored by the drawee bank for insufficiency of funds or credit, or would have been dishonored for the same reason had not the drawee, without any valid reason, ordered the bank to stop payment.
435

False pretenses or fraudulent acts – executed prior to or simultaneously with delivery of the thing by the complainant There must be evidence that the pretense of the accused that he possesses power/influence is false
436

Good faith is a defense. (P. vs. Villapando, 56 Phil.31) Dishonor from lack of funds is prima facie evidence of deceit or failure to make good within three days after notice of. No funds in the bank or his funds are not sufficient If check was issued in payment of pre-existing debt – no estafa Offender must be able to obtain something from the offended party by means of the check he issues and delivers If postdating a check issued as mere guarantee/promissory note – no estafa 437 Failure to make good within 5 banking days prima facie evidence of knowledge of lack and insufficiency of funds

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Elements of the offense defined in the second paragraph of section 1: bp 22438 1. That a person has sufficient funds in or credit with the drawee bank when he makes or draws and issues a check. 2. That he fails to keep sufficient funds or to maintain a credit to cover the full amount of the check if presented within a period of 90 days from the date appearing thereon. 3. That the check is dishonored by the drawee bank. By obtaining food or credit at hotels, inns, restaurants etc. Estafa by inducing another to sign any documents439 ELEMENTS: 1. 2. 3. 4. That the offender induced the offended party to sign a document. That deceit be employed to make him sign the document. That the offended party personally signed the document. That prejudice be caused.

Estafa by removing, concealing or destroying documents440 ELEMENTS: 1. That there be court records, office files, documents or any other papers. 2. That the offender removed, concealed or destroyed any of them. 3. That the offender had intent to defraud another. Damage or prejudice capable of pecuniary estimation441 ELEMENTS MAY CONSIST OF THE FF.: 1. The offender party being deprived of his money or property, as a result of the defraudation. 2. Disturbance in property right or 3. Temporary prejudice. Swindling by conveying, selling, encumbering, or mortgaging any real property, pretending to be the owner of the same442
438 439

ibid If offended party willingly signed the document and there was deceit as to the character or contents of the document – falsification; but where the accused made representation to mislead the complainants as to the character of the documents - estafa 440 No intent to defraud – destroying or removal = malicious mischief 441 second element of any form of estafa 442 Art. 316, par.1

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ELEMENTS: 1. That the thing be immovable, such as a parcel of land or a building. 2. That the offender who is not the owner of said property represented that he is the owner thereof. 3. That the offender should have executed an act of ownership (selling, leasing, encumbering or mortgaging the real property). 4. That the act be made to the prejudice of the owner or a third person. ESTAFA Private individual was entrusted Intent to defraud INFIDELITY IN THE CUSTODY OF DOCUMENTS Public officer entrusted No intent to defraud

Swindling by disposing of real property as free from encumbrance, although such encumbrance be not recorded443 ELEMENTS: 1. that the thing disposed of be real property. 2. That the offender knew that the real property was encumbered, whether the encumbrance is recorded or not. 3. That there must be express representation by the offender that the real property is free from encumbrance. 4. That the act of disposing of the real property be made to the damage of another. Swindling by wrongfully taking by the owner his personal from its lawful possessor444 ELEMENTS: 1. 2. 3. 4. That the offender is the owner of personal property. That said personal property is in the lawful possession of another. That the offender wrongfully takes it from its lawful possessor. That prejudice is thereby caused to the possessor or third person.

Elements of swindling (par. 6) by selling, mortgaging or encumbering real property or properties with which the offender guaranteed the fulfillment of his obligation as surety445 1. That the offender is a surety in a bond given in a criminal or civil action. 2. That he guaranteed the fulfillment of such obligation with his real property or properties.
443 444

Ibid, par. 2. Ibid, par. 3 445 Art. 316

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3. That he sells, mortgages, or, in any other manner encumbers said real property. 4. That such sale, mortage or encumbrance is (a) without express authority from the court, or (b) made before the cancellation of his bond, or (c) before being relieved from the obligation contracted by him. Swindling a minor446 ELEMENTS: 1. That the offender takes advantage of the inexperience or emotions or feelings of a minor. 2. That he induces such minor (a) ro assume an obligation, or (b) to give release, or (c) to execute a transfer of any property right. 3. That the consideration is (a) some loan of money (b) credit or (c) other personal property. 4. That the transaction is to the detriment of such minor. Other deceits447 ELEMENTS: 1. not mentioned above; 2. interpretation of dreams, forecast, future-telling for profit or gain. CHATTEL MORTGAGE Selling or pledging personal property already pledged448 ELEMENTS: 1. That personal property is already pledged under the terms of the chattel mortgage law. 2. That the offender, who is the mortgagee of such property, sells or pledges the same or any part thereof. 3. That there is no consent of the mortgagee written on the back of the mortgage and noted on the record thereof in the office of the register of deeds. Knowingly removing mortgaged personal property449 ELEMENTS: 1. That personal property is mortgaged under the chattel mortage law. 2. That the offender knows that such property is so mortaged.
446 447

Art. 317 Art. 318 448 Art. 319 449 Ibid.

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3. That he removes such mortgaged personal to any province or city other than the one in which it was located at the time of the execution of the mortgage. 4. That the removal is permanent. 5. That there is no written consent of the mortgagee or his executors, administration or assigns to such removal. ARSON AND OTHER CRIMES INVOLVING DESTRUCTIONS450 Arsons of property of small values ELEMENTS: 1. That an uninhabited hut, storehouse, barn, shed or any other property is burned 2. That the value of the property burned does not exceed 25 pesos 3. That the burning was done at a time or under circumstances which clearly exclude all danger of the fire spreading Crime involving destruction ELEMENTS: 1. That the offender causes destruction of the property 2. That the destruction was done by means of: a. explosion b. discharge of electric current c. inundation d. sinking or stranding of a vessel e. damaging the engine of the vessel f. taking up rails from the railway track g. destroying telegraph wires and posts or those of any other system h. other similar effective means of destruction Burning one’s property as a means to commit arson ELEMENTS: 1. That the offender set fire to or destroyed his own property 2. That the purpose of the offender in doing so was to commit arson or to cause a great destruction 3. That the property belonging to another was burned or destroyed

450

PD 1613 expressly repealed or amended Arts 320-326, but PD 1744 revived Art. 320

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Arson ELEMENTS: 1. That the property burned is the exclusive property of the offender 2. That (a) the purpose of the offender is burning it is to defraud or cause damage to another or (b) prejudice is actually caused, or (c) the thing burned is a building in an inhabited place Malicious mischief451 ELEMENTS: 1. That the offender deliberately caused damage to the property of another. 2. That such act does not constitute arson or other crimes involving destruction. 3. That the act damaging another’s property be committed merely for the sake of damaging it. Special cases of malicious mischief452 1. 2. 3. 4. Obstruct performance of public functions. Using poisonous or corrosive substances. Spreading infection or contagious among cattle. Damage to property of national museum or library, archive, registry, waterworks, road, promenade, or any other thing ised in common by the public.

Other mischief453 ELEMENTS: 1. Not included in Art. 328 a. scattering human excrement b. killing of cow as an act of revenge

451

Art. 326 Malicious mischief – willful damaging of another’s property for the sake of causing damage due to hate, revenge or other evil motive No negligence Example. Killing the cow as revenge If no malice – only civil liability Damage is also diminution in value But after damaging the thing, he used it = theft Damage is not incident of a crime (breaking windows in robbery) 452 Art. 328 Qualified malicious mischief – no uprising or sedition (#1) 453 Art. 329

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Damage and obstivation to means of communication454 ELEMENTS: 1. done by damaging railways, telegraph, telephone lines, electric wires, traction cables, signal system of railways 2. removing rails from tracks is destruction (art 324) 3. not applicable when telegraph/phone lines don’t pertain to railways (example: for transmission of electric power/light) 4. people killed as a result: a. murder – if derailment is means of intent to kill b. none – art 48 5. circumstance qualifying the offense if the damage shall result in any derailment of cars, collision or other accident – a higher penalty shall be imposed Destroying or damaging statues, public monuments or paintings455 Exemption from criminal liability in crimes against property456 Persons exempt from criminal liability 1. Spouse, ascendants and descendants or relatives by affinity in the same line 2. The widowed spouse with respect to the property w/c belonged to the deceased spouse before the same passed into the possession of another 3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together Offenses involved in the exemption 1. Theft 2. Swindling 3. Malicious mischief

454 455

Art. 330 Art. 331 456 Art. 332 Exemption is based on family relations Parties to the crime not related to the offended party still remains criminally liable Persons exempt include: a. stepfather/mother (ascendants by affinity) b. adopted children (descendants) c. concubine/paramour (spouse) d. common law spouse (propert is part of their earnings)

163

a. Anti-Fencing Law457 and its Implementing Rules and

Regulations

(1) Fencing (a) Definition The act of any person who, with intent to gain for himself or for another, shall buy, receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any other manner deal in any article, item, object or anything of value which he knows, or should be known to him, to have been derived from the proceeds of the crime of robbery or theft.458 (b) Presumption of fencing Mere possession of any good, article, item, object, or anything of value which has been the subject of robbery or thievery shall be prima facie evidence of fencing.459 (2) Exception (a) With clearance or permit to sell Clearance/Permit to Sell/Used Second Hand Articles. All stores, establishments or entities dealing in the buy and sell of any good, article item, object of anything of value obtained from an unlicensed dealer or supplier thereof, shall, before offering the same for sale to the public, secure the necessary clearance or permit from the station commander of the Integrated National Police in the town or city where such store, establishment or entity is located. Any person who fails to secure the clearance or permit required by this section or who violates any of the provisions of the rules and regulations promulgated thereunder shall upon conviction be punished as a fence.460 b. Bouncing Checks Law461 plus Administrative Circular No. 12-2000 Re: Penalty for Violation of B.P. 22462 and Administrative Circular No. 13-2001 Re: Clarification of Admin Circular No. 122000463 (1) Punishable acts Any person who makes or draws and issues any check to apply on account or for value, knowing at the time of issue that he does not have sufficient funds in or credit with
457 458

P.D. No. 1612 Sec. 2. 459 Sec. 5. 460 Sec. 6. 461 B.P. Blg. 22 462 see Reference 463 ibid

164

the drawee bank for the payment of such check in full upon its presentment, which check is subsequently dishonored by the drawee bank for insufficiency of funds or credit or would have been dishonored for the same reason had not the drawer, without any valid reason, ordered the bank to stop payment. Any person who, having sufficient funds in or credit with the drawee bank when he makes or draws and issues a check, shall fail to keep sufficient funds or to maintain a credit to cover the full amount of the check if presented within a period of ninety (90) days from the date appearing thereon, for which reason it is dishonored by the drawee bank Where the check is drawn by a corporation, company or entity, the person or persons who actually signed the check in behalf of such drawer shall be liable.464 (2) Evidence of knowledge of insufficient funds The making, drawing and issuance of a check payment of which is refused by the drawee because of insufficient funds in or credit with such bank, when presented within ninety (90) days from the date of the check, shall be prima facie evidence of knowledge of such insufficiency of funds or credit unless such maker or drawer pays the holder thereof the amount due thereon, or makes arrangements for payment in full by the drawee of such check within (5) banking days after receiving notice that such check has not been paid by the drawee.465 (3) Preference of imposition of fine Where the circumstances of both the offense and the offender clearly indicate good faith or a clear mistake of fact without taint of negligence, the imposition of a fine alone should be considered as the more appropriate penalty. The determination of whether the circumstances warrant the imposition of a fine alone rests solely upon the Judge.466 c. Anti-Carnapping Act of 1972467 (1) Definition of terms "Carnapping" is the taking, with intent to gain, of a motor vehicle belonging to another without the latter's consent, or by means of violence against or intimidation of persons, or by using force upon things. "Motor vehicle" is any vehicle propelled by any power other than muscular power using the public highways, but excepting road rollers, trolley cars, street-sweepers, sprinklers, lawn mowers, bulldozers, graders, fork-lifts, amphibian trucks, and cranes if not used on public highways, vehicles, which run only on rails or tracks, and tractors, trailers and traction
464 465

Sec. 1. Sec. 2. 466 ADMINISTRATIVE CIRCULAR NO. 13-2001 February 14, 2001. See Reference 467 R.A. 6539

165

engines of all kinds used exclusively for agricultural purposes. Trailers having any number of wheels, when propelled or intended to be propelled by attachment to a motor vehicle, shall be classified as separate motor vehicle with no power rating.lawphi1™ "Defacing or tampering with" a serial number is the erasing, scratching, altering or changing of the original factory-inscribed serial number on the motor vehicle engine, engine block or chassis of any motor vehicle. Whenever any motor vehicle is found to have a serial number on its motor engine, engine block or chassis which is different from that which is listed in the records of the Bureau of Customs for motor vehicles imported into the Philippines, that motor vehicle shall be considered to have a defaced or tampered with serial number. "Repainting" is changing the color of a motor vehicle by means of painting. There is repainting whenever the new color of a motor vehicle is different from its color as registered in the Land Transportation Commission. "Body-building" is a job undertaken on a motor vehicle in order to replace its entire body with a new body. "Remodeling" is the introduction of some changes in the shape or form of the body of the motor vehicle.lawphi1™ "Dismantling" is the tearing apart, piece by piece or part by part, of a motor vehicle. "Overhauling" is the cleaning or repairing of the whole engine of a motor vehicle by separating the motor engine and its parts from the body of the motor vehicle468. (2) Registration Within one year after the approval of this Act, every owner or possessor of unregistered motor vehicle or parts thereof in knock down condition shall register with the Land Transportation Commission the motor vehicle engine, engine block and chassis in his name or in the name of the real owner who shall be readily available to answer any claim over the registered motor vehicle engine, engine block or chassis. Thereafter, all motor vehicle engines, engine blocks and chassis not registered with the Land Transportation Commission shall be considered as untaxed importation or coming from an illegal source or carnapped, and shall be confiscated in favor of the Government. All owners of motor vehicles in all cities and municipalities are required to register their cars with the local police without paying any charges.469

468 469

Sec. 2. Sec. 3.

166

(3) Who are liable (a) Duty of collector of customs The Collector of Customs of a principal port of entry where an imported motor vehicle, motor vehicle engine, engine block chassis or body is unloaded, shall, within seven days after the arrival of the imported motor vehicle or any of its parts enumerated herein, make a report of the shipment to the Land Transportation Commission, specifying the make, type and serial numbers, if any, of the motor vehicle engine, engine block and chassis or body, and stating the names and addresses of the owner or consignee thereof. If the motor vehicle engine, engine block, chassis or body does not bear any serial number, the Collector of Customs concerned shall hold the motor vehicle engine, engine block, chassis or body until it is numbered by the Land Transportation Commission.470 (b) Duty of importers, distributors and sellers Any person engaged in the importation, distribution, and buying and selling of motor vehicles, motor vehicle engines, engine blocks, chassis or body, shall keep a permanent record of his stocks, stating therein their type, make and serial numbers, and the names and addresses of the persons from whom they were acquired and the names and addresses of the persons to whom they were sold, and shall render an accurate monthly report of his transactions in motor vehicles to the Land Transportation Commission.471 (d) Clearance and permit Any person who shall undertake to assemble or rebuild or cause the assembly or rebuilding of a motor vehicle shall first secure a certificate of clearance from the Philippine Constabulary: Provided, That no such permit shall be issued unless the applicant shall present a statement under oath containing the type, make and serial numbers of the engine, chassis and body, if any, and the complete list of the spare parts of the motor vehicle to be assembled or rebuilt together with the names and addresses of the sources thereof. In the case of motor vehicle engines to be mounted on motor boats, motor bancas and other light water vessels, the applicant shall secure a permit from the Philippine Coast Guard, which office shall in turn furnish the Land Transportation Commission the pertinent data concerning the motor vehicle engines including their type, make and serial numbers.472 (4) Punishable acts It shall be unlawful for any person to deface or otherwise tamper with the original or registered serial number of motor vehicle engines, engine blocks and chassis.473

470 471

Sec. 7. Sec. 8. 472 Sec. 10. 473 Sec. 12.

167

d. Human Security Act of 2007474 (1) Punishable acts of terrorism475 e. Anti-Arson Law476 (1) Punishable acts I. Arson477 - any person who burns or sets fire to the property of another or to his own property under circumstances which expose to danger the life or property of anothDestructive Arson. II. Destructive Arson - if the property burned is any of the following: 1. Any ammunition factory and other establishment where explosives, inflammable or combustible materials are stored. 2. Any archive, museum, whether public or private, or any edifice devoted to culture, education or social services. 3. Any church or place of worship or other building where people usually assemble. 4. Any train, airplane or any aircraft, vessel or watercraft, or conveyance for transportation of persons or property 5. Any building where evidence is kept for use in any legislative, judicial, administrative or other official proceedings. 6. Any hospital, hotel, dormitory, lodging house, housing tenement, shopping center, public or private market, theater or movie house or any similar place or building. 7. Any building, whether used as a dwelling or not, situated in a populated or congested area.478 III. Conspiracy to commit Arson Shall be punished by Prision Mayor in its minimum period.479

474 475

R.A. 9372 supra 476 P.D.1613 477 Sec. 1 478 Sec. 2 479 Sec. 7

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11. Crimes Against Chastity Adultery480 ELEMENTS: 1. That the woman is married (even if marriage subsequently declared void) 2. That she has sexual intercourse with a man not her husband. 3. That as regards the man with whom she has sexual intercourses, he must know her to be married. Concubinage481 ELEMENTS: 1. That the man must be married. 2. That he committed any of the following acts: a. Keeping a mistress in the conjugal dwelling. b. Having sexual intercourse under scandalous circumstances with a woman who is not his wife. c. Cohabiting with her in any other place. 3. That as regards the woman, she must know him to be married. Acts of lasciviousness482 ELEMENTS: 1. That the offender commits any act of lasciviousness or lewdness. 2. That it is done under any of the following circumstances: a. by using force or intimidation, or b. when the offended party is deprived of reason or otherwise unconscious, or c. when the offended party is under 12 years of age. 3. That the offended party is another person of either sex.

480

Art. 333 Mitigated if wife was abandoned without justification by the offended spouse (man is not entitled to this mitigating circumstance) Attempted: caught disrobing a lover 481 Art. 334 ―Scandal‖ consists in any reprehensible word/deed that offends public conscience, redounds to the detriment of the feelings of honest persons and gives occasions to the neighbor’s spiritual damage and ruin 482 Art. 336

169

Qualified seduction483 Two classes: 1. Seduction of a virgin over 12 and under 18 years of age by certain persons, such as a person in authority, priest, teachers etc and 2. Seduction of a sister by her brother or descendant by her ascendant, regardless of her age or reputation (incestuous seduction) ELEMENTS: 1. That the offended party is a virgin, which is presumed if she unmarried and of good reputation. 2. That she must be over 12 and under 18 years of age. 3. That the offender has sexual intercourse with her. 4. That there is abuse of authority, confidence or relationship on the part of the offender484 Persons liable: 1. Those who abuse their authority: a. persons in public authority b. guardian c. teacher d. person who, in any capacity, is entrusted with the education or custody of the woman seduced 2. Those who abused the confidence reposed in them: a. priest b. house servant c. domestic 3. Those who abused their relationship: a. brother who seduced his sister b. ascendant who seduced his descendant Simple seduction485 ELEMENTS: 1. 2. 3. 4. That the offended party is over 12 and under 18 years of age. That she must be of good reputation, single or widow. That the offender has sexual intercourse with her. That it is committed by means of deceit.

483 484

Art. 337 person entrusted with education or custody of victim; person in public authority, priest; servant 485 Art. 338 Common form is unconditional promise to marry

170

Acts of lasciviousness with the consent of the offended party486 ELEMENTS: 1. that the offender commits acts of lasciviousness or lewdness. 2. That the acts are committed upon a woman who is virgin or single or widow of good reputation, under 18 years of age but over 12 years, or a sister or descendant regardless of her reputation or age. 3. that the offender accomplishes the acts by abuse of authority, confidence, relationship, or deceit. Corruption of minors487 Act punishable: By promoting or facilitating the prostitution or corruption of persons underage to satisfy the lust of another White slave trade488 Acts penalized 1. Engaging in the business of prostitution 2. Profiting by prostitution 3. Enlisting the servicxe of women for the purpose of prostitution Forcible abduction489 ELEMENTS: 1. That the person abducted is any woman, regardless of her age, civil status, or reputation. 2. That the abduction is against her will. 3. That the abduction is with lewd designs.

486 487

Art. 339 Art. 340 488 Art. 341 489 Art. 342 Sexual intercourse is NOT necessary Crimes against chastity where age and reputation of victim are immaterial: rape, acts of lasciviousness, qualified seduction of sister/descendant, forcible abduction

171

Consented abduction490 ELEMENTS: 1. That the offended party must be a virgin. 2. That she must be over 12 and under 18 years of age. 3. That the taking away of the offended party must be with her consent, after solicitation or cajolery from the offender. 4. That the taking away of the offended party must be with lewd designs. Adultery, concubinage, seduction, abduction rape and acts of lasciviousness491 1. Prosecution of Adultery and concubinage must be prosecuted upon complaint filed by the offended spouse 2. Seduction, abduction, rape492 or acts of lasciviousness must be prosecuted upon complaint filed by: a. offended party b. her parents c. grandparents d. guardians in the order in which they are named above Civil liability of persons guilty of rape, seduction or abduction493 1. To idemnify the offended women 2. To acknowledge the offspring, unless the law should prevent him from doing so 3. In every case to support the offspring Liability of ascendants, other persons entrusted with custody of offended party who by abuse of authority or confidence shall cooperate as accomplies494 a. Anti-Photo and Video Voyeurism Act of 2009495 (1) Punishable acts (a) To take photo or video coverage of a person or group of persons performing sexual act or any similar activity or to capture an image of the private area of a person/s such as the naked or undergarment clad genitals, public area, buttocks or female breast without

490 491

Art. 343 Art. 344 Marriage of the offender with the offended party extinguishes the criminal action or remit the penalty already imposed upon him. This applies as well to the accomplices, accessories-after-the-fact. But marriages must be in good faith. This rule does not apply in case of multiple rape 492 Not included (see Art. 266-C, 2nd par) 493 Art. 345 494 Art. 346, see Reference 495 R.A. 9995

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the consent of the person/s involved and under circumstances in which the person/s has/have a reasonable expectation of privacy; (b) To copy or reproduce, or to cause to be copied or reproduced, such photo or video or recording of sexual act or any similar activity with or without consideration; (c) To sell or distribute, or cause to be sold or distributed, such photo or video or recording of sexual act, whether it be the original copy or reproduction thereof; or (d) To publish or broadcast, or cause to be published or broadcast, whether in print or broadcast media, or show or exhibit the photo or video coverage or recordings of such sexual act or any similar activity through VCD/DVD, internet, cellular phones and other similar means or device. The prohibition under paragraphs (b), (c) and (d) shall apply notwithstanding that consent to record or take photo or video coverage of the same was given by such person/s. Any person who violates this provision shall be liable for photo or video voyeurism as defined herein. b. Special Protection of Children Against Child Abuse,

Exploitation, and Discrimination Act 496

(1) Child prostitution and other acts of abuse (a) Punishable acts (a) Those who engage in or promote, facilitate or induce child prostitution which include, but are not limited to, the following: (1) Acting as a procurer of a child prostitute; (2) Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means; (3) Taking advantage of influence or relationship to procure a child as prostitute; (4) Threatening or using violence towards a child to engage him as a prostitute; or (5) Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such child in prostitution. (b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in prostitution or subject to other sexual abuse; Provided, That when the victims is under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as the case may be: Provided, That the penalty for
496

R.A. 7610, as amended

173

lascivious conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its medium period; and (c) Those who derive profit or advantage therefrom, whether as manager or owner of the establishment where the prostitution takes place, or of the sauna, disco, bar, resort, place of entertainment or establishment serving as a cover or which engages in prostitution in addition to the activity for which the license has been issued to said establishment.497 (b) Compare prosecution for Acts of Lasciviousness under Art. 366, RPC and RA 7610, as amended Under RPC: Acts of lasciviousness must be prosecuted upon complaint filed by: 1. 2. 3. 4. offended party her parents grandparents guardians498

Under R.A. 7610: Complaints on cases of unlawful acts committed against the children as enumerated herein may be filed by the following: (a) Offended party; (b) Parents or guardians; (c) Ascendant or collateral relative within the third degree of consanguinity; (d) Officer, social worker or representative of a licensed child-caring institution; (e) Officer or social worker of the Department of Social Welfare and Development; (f) Barangay chairman; or (g) At least three (3) concerned responsible citizens where the violation occurred.499 (2) Obscene Publications and indecent shows (a) Punishable acts Any person who shall hire, employ, use, persuade, induce or coerce a child to perform in obscene exhibitions and indecent shows, whether live or in video, or model in
497 498

Sec. 5. in the order in which they are named 499 Sec. 27.

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obscene publications or pornographic materials or to sell or distribute the said materials shall suffer the penalty of prision mayor in its medium period. If the child used as a performer, subject or seller/distributor is below twelve (12) years of age, the penalty shall be imposed in its maximum period. Any ascendant, guardian, or person entrusted in any capacity with the care of a child who shall cause and/or allow such child to be employed or to participate in an obscene play, scene, act, movie or show or in any other acts covered by this section shall suffer the penalty of prision mayor in its medium period.500 c. Anti-Trafficking in Persons Act of 2003 (R.A. 9208) (1) Punishable acts I. Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or juridical, to commit any of the following acts: (a) To recruit, transport, transfer; harbor, provide, or receive a person by any means, including those done under the pretext of domestic or overseas employment or training or apprenticeship, for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (b) To introduce or match for money, profit, or material, economic or other consideration, any person or, as provided for under Republic Act No. 6955, any Filipino woman to a foreign national, for marriage for the purpose of acquiring, buying, offering, selling or trading him/her to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or trading them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary servitude or debt bondage; (d) To undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose of utilizing and offering persons for prostitution, pornography or sexual exploitation; (e) To maintain or hire a person to engage in prostitution or pornography; (f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of said person; and
500

Sec. 9

175

(h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad.501 II. Acts that Promote Trafficking in Persons. - The following acts which promote or facilitate trafficking in persons, shall be unlawful: (a) To knowingly lease or sublease, use or allow to be used any house, building or establishment for the purpose of promoting trafficking in persons; (b) To produce, print and issue or distribute unissued, tampered or fake counseling certificates, registration stickers and certificates of any government agency which issues these certificates and stickers as proof of compliance with government regulatory and predeparture requirements for the purpose of promoting trafficking in persons; (c) To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing, broadcasting or distribution by any means, including the use of information technology and the internet, of any brochure, flyer, or any propaganda material that promotes trafficking in persons; (d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of clearances and necessary exit documents from government agencies that are mandated to provide pre-departure registration and services for departing persons for the purpose of promoting trafficking in persons; (e) To facilitate, assist or help in the exit and entry of persons from/to the country at international and local airports, territorial boundaries and seaports who are in possession of unissued, tampered or fraudulent travel documents for the purpose of promoting trafficking in persons; (f) To confiscate, conceal, or destroy the passport, travel documents, or personal documents or belongings of trafficked persons in furtherance of trafficking or to prevent them from leaving the country or seeking redress from the government or appropriate agencies; and (g) To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a person held to a condition of involuntary servitude, forced labor, or slavery.502 III. Qualified Trafficking in Persons. - The following are considered as qualified trafficking: (a) When the trafficked person is a child; (b) When the adoption is effected through Republic Act No. 8043, otherwise known as the "Inter-Country Adoption Act of 1995" and said adoption is for the purpose of
501 502

Sec. 4 Sec. 5.

176

prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another. It is deemed committed in large scale if committed against three (3) or more persons, individually or as a group; (d) When the offender is an ascendant, parent, sibling, guardian or a person who exercises authority over the trafficked person or when the offense is committed by a public officer or employee; (e) When the trafficked person is recruited to engage in prostitution with any member of the military or law enforcement agencies; (f) When the offender is a member of the military or law enforcement agencies; and (g) When by reason or on occasion of the act of trafficking in persons, the offended party dies, becomes insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS).503 d. Anti-Violence against Women and their Children Act

of 2004504

(1) Punishable acts (a) Causing physical harm to the woman or her child; (b) Threatening to cause the woman or her child physical harm; (c) Attempting to cause the woman or her child physical harm; (d) Placing the woman or her child in fear of imminent physical harm; (e) Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the right to desist from or desist from conduct which the woman or her child has the right to engage in, or attempting to restrict or restricting the woman's or her child's freedom of movement or conduct by force or threat of force, physical or other harm or threat of physical or other harm, or intimidation directed against the woman or child. This shall include, but not limited to, the following acts committed with the purpose or effect of controlling or restricting the woman's or her child's movement or conduct:

503 504

Sec. 6. R.A. 9262

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(1) Threatening to deprive or actually depriving the woman or her child of custody to her/his family; (2) Depriving or threatening to deprive the woman or her children of financial support legally due her or her family, or deliberately providing the woman's children insufficient financial support; (3) Depriving or threatening to deprive the woman or her child of a legal right; (4) Preventing the woman in engaging in any legitimate profession, occupation, business or activity or controlling the victim's own mon4ey or properties, or solely controlling the conjugal or common money, or properties; (f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions; (g) Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape, by force or threat of force, physical harm, or through intimidation directed against the woman or her child or her/his immediate family; (h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or causes substantial emotional or psychological distress to the woman or her child. This shall include, but not be limited to, the following acts: (1) Stalking or following the woman or her child in public or private places; (2) Peering in the window or lingering outside the residence of the woman or her child; (3) Entering or remaining in the dwelling or on the property of the woman or her child against her/his will; (4) Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child; and (5) Engaging in any form of harassment or violence; (i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children of access to the woman's child/children.505 e. Anti-Sexual Harassment Act of 1995506 (1) Punishable acts Work, education or training-related sexual harassment is committed by an employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of said Act.
505 506

Sec. 5 R.A. 7877

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(a) In a work-related or employment environment, sexual harassment is committed when: (1) The sexual favor is made as a condition in the hiring or in the employment, reemployment or continued employment of said individual, or in granting said individual favorable compensation, terms, conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in a way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee; (2) The above acts would impair the employee’s rights or privileges under existing labor laws; or (3) The above acts would result in an intimidating, hostile, or offensive environment for the employee. (b) In an education or training environment, sexual harassment is committed: (1) Against one who is under the care, custody or supervision of the offender; (2) Against one whose education, training, apprenticeship or tutorship is entrusted to the offender; (3) When the sexual favor is made a condition to the giving of a passing grade, or the granting of honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or considerations; or (4) When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice. Any person who directs or induces another to commit any act of sexual harassment as herein defined, or who cooperates in the commission thereof by another without which it would not have been committed, shall also be held liable under this Act507. 12. Crimes Against Civil Status Simulation of births, substitution of one child for another, and concealment or abandonment of a legitimate child508 Acts Punished: 1. Simulation of births 2. Substitution of one child for another

507 508

Sec. 3. Art. 347

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3. Concealing or abandoning any legitimate child with the intent to cause such child to lose its civil status Requisites: 1. The child must be legitimate 2. The offender conceals or abandons such child 3. The offender has the intent to cause the child to lose its civil status Elements of Simulation of Birth: 1. Child is baptized or registered in the Registry of birth as hers 2. Child loses its real status and acquiires a new one 3. Actor’s purpose was to cause the loss of any trace as to the child’s true filiation Usurpation of civil status509 1. Committed by a person who represents himself as another and assumes the filiation or rights pertaining to such person 2. There must be criminal intent to enjoy the civil rights of another by the offender knowing he is not entitled thereto 3. Committed by asuming the filiation, or the parental or conjugal rights of another 4. Circumstances qualifying the offense: penalty is heavier when the purpose of the impersonation is to defraud the offended party or his heirs Bigamy510 ELEMENTS: 1. That the offender has been legally married. 2. That the marriage has not been legally dissolved or, in case his or her spouse is absent, the absent spouse could not yet be presumed dead according to the civil code. 3. That he contracts a second or subsequent marriage. 4. That the second or subsequent marriage has all the essential requisites for validity.
509 510

Art. 348 Art. 349 The crime does not fall within the category of private crimes that can be prosecuted only at the instance of the offended party A simulated marriage is not marriage at all and can be used as a defense for bigamy There must be a summary proceeding to declare the absent spouse presumptively dead for purposes of remarriage Failure to exercise due diligence to ascertain the whereabouts of the 1st wife is bigamy through reckless imprudence A judicial declaration of the nullity of a marriage void ab initio is now required One convicted for bigamy may be prosecuted for concubinage as both are distinct offenses One who vouches that there is no legal impediment knowing that one of the parties is already married is an accomplice

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Marriage contracted against provisions of laws511 ELEMENTS: 1. That the offender contracted marriage. 2. That he knew at the time that a. the requirement of the law were not complied with, or b. The marriage was in disregard of a legal impediment. Premature marriage512 Acts punished: 1. A widow who within 301 days from death of husband, got married or before her delivery, if she was pregnant at the time of his death 2. A woman whose marriage having been dissolved or annulled, married before her delivery or within 301 days after the legal separation Performance of illegal marriage ceremony513 Act punished: Performance of any illegal marriage ceremony by a priest or minister of any religious denomination or sect or by civil authorities

511

Art. 350 Circumstance qualifying the offense: if either of the contracting parties obtains the consent of the other by means of violence, intimidation or fraud 512 Art. 351
513

Art. 352

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13. Crimes Against Honor Libel514 ELEMENTS: 1. That there must be an imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstances. 2. That the imputation must be made publicly. 3. That it must be malicious. 4. That the imputation must be directed at a natural or juridical person, or one who is dead. 5. That the imputation must tend to cause the dishonor, discredit or contempt of the person defamed. Libel -false accusation need not be made under oath Requirement of publicity515 Kinds of privileged communication a. Absolutely privileged – not actionable even if the actor has acted in bad faith b. Qualifiedly privileged – those which although containing defamatory imputations could not be actionable unless made with malice or bad faith General Rule:
514

Perjury -false accusation is made under oath

Art. 353 Libel is a public and malicious imputation of a crime, or a vice or defect, real or imaginary or any act, commission, condition, status or circumstances tending to cause the dishonor, discredit or contempt of a natural or juridical person, or to blacken the memory of one who is dead Kinds of malice: (a) malice in law; (b) malice in fact Malice is presumed to exist in injurious publications Publication is the communication of the defamatory matter to some third person/s Person libeled must be identified. But the publication need not refer by name to the libeled party. If not named it must be shown that the description of the person referred to in the defamatory publication was sufficiently clear so that at least a 3rd person would have identified the plaintiff. There are as many crimes as there are persons defamed. To presume publication there must be a reasonable probability that the alleged a libelous matter was thereby exposed to be read or seen by 3rd persons. Criterion to determine whether statements are defamatory 1) words are calculated to induce the hearers to suppose and understand that the person against who they are uttered were guilty of certain offenses, or are sufficient to impeach their honesty, virtue or reputation, or to hole the person up to public ridicule 2 )construed not only as to the expression used but also with respect to the whole scope and apparent object of the writer. 515 Art. 354

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Every defamatory imputation is presumed malicious even if it be true, if no good intention and justifiable motive for making it is shown Exception: a. private communication in performance of legal, moral or social duty Requisites: 1. that the person who made the communication had a legal, moral or social duty to make the communication or at least he had an interest to be upheld 2. that the communication is addressed to an officer or a board, or superior, having some interest or duty on the matter 3. that the statements in the communication are made in good faith without malice in fact b. fair and true report, made in good faith, without any comments and remarks Requisites: 1. that the publication of a report of an official proceeding is a fair and true report of a judicial, legislative, or other official proceedings which are not of confidential nature, or of a statement, report, or speech delivered in said proceedings, or of any other act performed by a public officer 2. that it is made in good faith 3. that it is made without any comments or remarks Libel by means of writing or similar means516 Enumerates the means by which libel may be committed: writing, printing, lithography, engraving, radio phonograph, painting, theatrical or cinematographic exhibitions or any similar means Threatening to publish libel and offer to prevent such publication for a compensation517 Clearly, just a case of blackmail518

516 517

Art. 355 Art. 356 518 any unlawful extortion of money by threats of accusation and exposure Possible in light threats (Art 283) and in threat to publish (Art 356).

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Prohibited publication of acts referred to in the course of official proceedings519 ELEMENTS: 1. That the offender is a reporter, editor or manager of a newspaper, daily or magazine. 2. That he publishes facts connected with the private life of another. 3. That such facts are offensive to the honor, virtue and reputation of said person. Oral defamation/slander520 ELEMENTS: 1. action of a serious and insulting nature (Grave slander) 2. light insult or defamation – not serious in nature (simple slander) Slander by deed521 ELEMENTS: 1. That the offender performs any act not included in any other crime against honor. 2. That such act is performed in the presence of other person or persons. 3. That such act casts dishonor, discredit or contempt upon the offended party.

519

Art. 357 Even though made in connection with or under the pretext that it is necessary in the narration of any judicial or administrative proceedings wherein such facts have been mentioned. Lacsa found that Marquez was not a proprietary member of PCA thus not qualified to be president. He wrote to the BOD and to Marquez. He caused to publish the second letter. HELD: Letter is not privileged communication. To be classified as such it must be free from malice. Granting that the letter was privileged communication, written out of a duty of an officer towards the members, such character was lost when it was published (Lacsa v IAC) 520 Art. 358 Factors that determine gravity of the offense: a) expressions used b) personal relations of the accused and the offended party c) circumstances surrounding the case Words uttered in the heat of anger constitute light oral defamation If the utterances were made publicly and were heard by many people and the accused at the same time leveled his finger at the complainant, oral defamation is committed Seriousness depends on the social standing of offended party, the circumstances surrounding the act, the occasion, etc. 521 Art. 359

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Persons responsible for libel522 Who are liable: a. person who publishes, exhibits or causes the publication or exhibition of any defamation in writing or similar means523 b. author or editor of a book or pamphlet c. editor or business manager of a daily newspaper magazine or serial publication524 d. owner of the printing plant which publishes a libelous article with his consent and all other persons who in any way participate in or have connection with its publication 525 Venue of criminal and civil action for damages in cases of written defamation: a. where the libelous article is printed and 1st published OR b. where any of the offended parties actually resides at the time of the commission of the offense Where one of the offended parties is a public officer: a. if his office is in the City of Manila - RTC of Manila OR - city/province where the article is printed and 1st published b. Otherwise - RTC of the city/province where he held office at the time of offense OR - where the article is 1st published Where one of the offended parties is a private individual: - RTC of province/city where he actually resides at the time of the crime - where article was printed or 1st published

522

Art. 360 Offended party must file complaint for defamation imputing a crime which cannot be prosecuted de oficio (e.g. adultery, concubinage, rape, seduction, abduction, and acts of lasciviousness) The Philippines follows the multiple publication rule which means that every time the same written matter is communicated, such communication is considered a distinct and separate publication of libel (Soriano v IAC) 523 par.1 524 par.2 525 US v Ortiz

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Proof of the truth526 Admissible when: a. the act or omission imputed constitutes a crime regardless of whether the offended party is a private individual or a public officer b. the offended party is a government employee, even if the act or omission imputed does not constitute a crime provided it is related to the discharge of his official duties Requisites for Acquittal: a. it appears that the matter charged as libelous is TRUE (for situations 1 and 2 above) b. it was published with good motives and for a justifiable end (for situation 1 only) Libelous remarks527 Libelous remarks or comments on privileged matters528 if made with malice in fact will not exempt the author and editor. Incriminating innocent person529 ELEMENTS: 1. That the offender performs an act. 2. That by such act he directly incriminates or imputes to an innocent person the commission of a crime. 3. That such act does not constitute perjury. Two Kinds: a. making a statement which is i. defamatory or ii. perjurious (if made under oath and is false) b. planting evidence

526

Art. 361 The proof of the truth of the accusation cannot be made to rest upon mere hearsay, rumors, or suspicion. It must rest upon positive direct evidence, upon which a definite finding may be made by the court (US v Sotto) 527 Art. 362. This article is a limitation to the defense of privileged communication. 528 under Art. 354 529 Art. 363. This article is limited to planting evidence and the like

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Intriguing against honor530 How committed: -by any person who shall make any intrigue which has for its principal purpose to blemish the honor or reputation of another person a. Administrative Circular 08-2008 Re: Guidelines in the Observance of a Rule of Preference in the Imposition of Penalties in Libel Cases (1) Preference of imposition of fine This Administrative Circular does not remove imprisonment as an alternative penalty for the crime of libel under Article 355 of the Revised Penal Code; The Judges concerned may, in the exercise of sound discretion, and taking into consideration the peculiar circumstances of each case, determine whether the imposition of a fine alone would best serve the interests of justice or whether forbearing to impose imprisonment would depreciate the seriousness of the offense, work violence on the social order, or otherwise be contrary to the imperative of justice; Should only a fine be imposed and the accused be unable to pay the fine, there is no legal obstacle to the application of the Revised Penal Code provision on subsidiary imprisonment. 14. Criminal Negligence Reckless imprudence531 ELEMENTS: 1. 2. 3. 4. 5. That the offender does or fails to do an act. That the doing of or the failure to do that act is voluntary. That it be without malice. That material damage results. That there is inexcusable lack of precaution on the part of the offender, taking into consideration

530

Art. 364 Refers to any scheme or plot designed to blemish the reputation of another or of such trickery or secret plot. Committed by saying to others an unattributable thing; if said to the person himself it is slander 531 Art. 365

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a. his employment or occupation b. degree of intelligence, physical condition, and c. other circumstances regarding persons, time and place. Simple imprudence532 ELEMENTS: 1. That there is lack of precaution on the part of the offender. 2. That the damage impending to be caused in not immediate or the danger is not clearly manifest. II. Jurisprudence— Pertinent Supreme Court decisions promulgated up to June 30, 2010

532

Art. 365 Art.64 on mitigating and aggravating circumstances not applicable. 2) Failure to lend on the spot assistance to victim of his negligence:penalty next higher in degree. 3) Abandoning usually punishable under Art 275, if charged under Art365 is only qualifying and if not alleged cannot even be an aggravating circumstance. 4) Contributory negligence—not a defense, only mitigating Last clear chance doctrineThe contributory negligence of the injured party will not defeat the action if it be shown that the accused might, by the exercise of reasonable care and prudence, have avoided the consequences of the negligence of the injured party Emergency ruleAn automobile driver, who, by the negligence of another, is suddenly placed in an emergency and compelled to act instantly to avoid a collision or injury is not guilty of negligence if he makes a choice which a person of ordinary prudence placed in such a position might make even though he did not make the wisest choice.

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REFERENCE
Revised Penal Code Art. 2. Except as provided in the treaties and laws of preferential application, the provisions of this Code shall be enforced not only within the Philippine Archipelago including its atmosphere, its interior waters and Maritime zone, but also outside of its jurisdiction, against those who: 1. Should commit an offense while on a Philippine ship or airship; 2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands; 3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the preceding number; 4. While being public officers or employees, should commit an offense in the exercise of their functions; or (Some of these crimes are bribery, fraud against national treasury, malversation of public funds or property, and illegal use of public funds; e.g., A judge who accepts a bribe while in Japan.) 5. Should commit any crimes against the national security and the law of nations, defined in Title One of Book Two of this Code. (These crimes include treason, espionage, piracy, mutiny, and violation of neutrality) Art. 10. Offenses not subject to the provisions of this code. --Offenses which are or in the future may be punishable under special laws are not subject to the provisions of this Code. This Code shall be supplementary to such laws, unless the latter should specially provide the contrary. Art. 19.Accessories. — Accessories are those who, having knowledge of the commission of the crime, and without having participated therein, either as principals or accomplices, take part subsequent to its commission in any of the following manners: 1. By profiting themselves or assisting the offender to profit by the effects of the crime. 2. By concealing or destroying the body of the crime, or the effects or instruments thereof, in order to prevent its discovery. 3. By harboring, concealing, or assisting in the escape of the principals of the crime, provided the accessory acts with abuse of his public functions or whenever the author of the crime is guilty of treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is known to be habitually guilty of some other crime.

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Article 125. Delay in the delivery of detained persons to the proper judicial authorities. - The penalties provided in the next preceding article shall be imposed upon the public officer or employee who shall detain any person for some legal ground and shall fail to deliver such person to the proper judicial authorities within the period of: twelve (12) hours, for crimes or offenses punishable by light penalties, or their equivalent; eighteen (18) hours, for crimes or offenses punishable by correctional penalties, or their equivalent; and thirty-six (36) hours, for crimes or offenses punishable by afflictive or capital penalties, or their equivalent. In every case, the person detained shall be informed of the cause of his detention and shall be allowed upon his request, to communicate and confer at any time with his attorney or counsel.(As amended by EO No. 272, prom. July 25, 1987.) Art. 346. Liability of ascendants, guardians, teachers, or other persons entrusted with the custody of the offended party. — The ascendants, guardians, curators, teachers and any person who, by abuse of authority or confidential relationships, shall cooperate as accomplices in the perpetration of the crimes embraced in chapters, second, third and fourth, of this title, shall be punished as principals.chan robles virtual law library Teachers or other persons in any other capacity entrusted with the education and guidance of youth, shall also suffer the penalty of temporary special disqualification in its maximum period to perpetual special disqualification. Any person falling within the terms of this article, and any other person guilty of corruption of minors for the benefit of another, shall be punished by special disqualification from filling the office of guardian. Revised Rules of Criminal Procedure Sec. 17. Discharge of accused to be state witness. — When two or more persons are jointly charged with the commission of any offense, upon motion of the prosecution before resting its case, the court may direct one or more of the accused to be discharged with their consent so that they may be witnesses for the state when, after requiring the prosecution to present evidence and the sworn statement of each proposed state witness at a hearing in support of the discharge, the court is satisfied that: (a) There is absolute necessity for the testimony of the accused whose discharge is requested; (b) The is no other direct evidence available for the proper prosecution of the offense committed, except the testimony of said accused; (c) The testimony of said accused can be substantially corroborated in its material points; (d) Said accused does not appear to be the most guilty; and (e) Said accused has not at any time been convicted of any offense involving moral turpitude.

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Evidence adduced in support of the discharge shall automatically form part of the trial. If the court denies the motion for discharge of the accused as state witness, his sworn statement shall be inadmissible in evidence. (9a)

The Comprehensive Dangerous Drugs Act of 2002 +Section 4. Importation of Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals.- The penalty of life imprisonment to death and a ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall import or bring into the Philippines any dangerous drug, regardless of the quantity and purity involved, including any and all species of opium poppy or any part thereof or substances derived therefrom even for floral, decorative and culinary purposes. xxx

+Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and

Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. - The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall sell, trade, administer, dispense, deliver, give away to another, distribute dispatch in transit or transport any dangerous drug, including any and all species of opium poppy regardless of the quantity and purity involved, or shall act as a broker in any of such transactions. xxx

+Section 6. Maintenance of a Den, Dive or Resort. - The penalty of life imprisonment to

death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person or group of persons who shall maintain a den, dive or resort where any dangerous drug is used or sold in any form. Xxx Section 7. Employees and Visitors of a Den, Dive or Resort. - The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon: (a) Any employee of a den, dive or resort, who is aware of the nature of the place as such; and (b) Any person who, not being included in the provisions of the next preceding, paragraph, is aware of the nature of the place as such and shall knowingly visit the same +Section 8. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. The penalty of life imprisonment to death and a fine ranging Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall engage in the manufacture of any dangerous drug. Xxx +Section 10. Manufacture or Delivery of Equipment, Instrument, Apparatus, and Other Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential Chemicals. - The penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty (20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon any person who shall deliver, possess with intent to deliver, or manufacture with intent to deliver equipment, instrument, apparatus and other
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paraphernalia for dangerous drugs, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain or conceal any dangerous drug and/or controlled precursor and essential chemical in violation of this Act. xx Section 11. Possession of Dangerous Drugs. - The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall possess any dangerous drug in the following quantities, regardless of the degree of purity thereof: (1) 10 grams or more of opium; (2) 10 grams or more of morphine; (3) 10 grams or more of heroin; (4) 10 grams or more of cocaine or cocaine hydrochloride; (5) 50 grams or more of methamphetamine hydrochloride or "shabu"; (6) 10 grams or more of marijuana resin or marijuana resin oil; (7) 500 grams or more of marijuana; and (8) 10 grams or more of other dangerous drugs such as, but not limited to, methylenedioxymethamphetamine (MDA) or "ecstasy", paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma hydroxyamphetamine (GHB), and those similarly designed or newly introduced drugs and their derivatives, without having any therapeutic value or if the quantity possessed is far beyond therapeutic requirements, as determined and promulgated by the Board in accordance to Section 93, Article XI of this Act. xxx Section 12. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs. - The penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years and a fine ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed upon any person, who, unless authorized by law, shall possess or have under his/her control any equipment, instrument, apparatus and other paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting, or introducing any dangerous drug into the body: Provided, That in the case of medical practitioners and various professionals who are required to carry such equipment, instrument, apparatus and other paraphernalia in the practice of their profession, the Board shall prescribe the necessary implementing guidelines thereof. The possession of such equipment, instrument, apparatus and other paraphernalia fit or intended for any of the purposes enumerated in the preceding paragraph shall be prima facie evidence that the possessor has smoked, consumed, administered to himself/herself, injected, ingested or used a dangerous drug and shall be presumed to have violated Section 15 of this Act. +Section 13. Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings. – Any person found possessing any dangerous drug during a party, or at a social gathering or meeting, or in the proximate company of at least two (2) persons, shall suffer the maximum penalties provided for in Section 11 of this Act, regardless of the quantity and purity of such dangerous drugs.
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Section 14. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs During Parties, Social Gatherings or Meetings. - The maximum penalty provided for in Section 12 of this Act shall be imposed upon any person, who shall possess or have under his/her control any equipment, instrument, apparatus and other paraphernalia fit or intended for smoking, consuming, administering, injecting, ingesting, or introducing any dangerous drug into the body, during parties, social gatherings or meetings, or in the proximate company of at least two (2) persons. Section 15. Use of Dangerous Drugs. – A person apprehended or arrested, who is found to be positive for use of any dangerous drug, after a confirmatory test, shall be imposed a penalty of a minimum of six (6) months rehabilitation in a government center for the first offense, subject to the provisions of Article VIII of this Act. If apprehended using any dangerous drug for the second time, he/she shall suffer the penalty of imprisonment ranging from six (6) years and one (1) day to twelve (12) years and a fine ranging from Fifty thousand pesos (P50,000.00) to Two hundred thousand pesos (P200,000.00): Provided, That this Section shall not be applicable where the person tested is also found to have in his/her possession such quantity of any dangerous drug provided for under Section 11 of this Act, in which case the provisions stated therein shall apply. + Section 16. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof. The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who shall plant, cultivate or culture marijuana, opium poppy or any other plant regardless of quantity, which is or may hereafter be classified as a dangerous drug or as a source from which any dangerous drug may be manufactured or derived: Provided, That in the case of medical laboratories and medical research centers which cultivate or culture marijuana, opium poppy and other plants, or materials of such dangerous drugs for medical experiments and research purposes, or for the creation of new types of medicine, the Board shall prescribe the necessary implementing guidelines for the proper cultivation, culture, handling, experimentation and disposal of such plants and materials. Section 19. Unlawful Prescription of Dangerous Drugs. – The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall make or issue a prescription or any other writing purporting to be a prescription for any dangerous drug. Presidential Decree No. 603, the Child and Youth Welfare Code, as amended by Presidential Decree No. 1179 Art. 192. Suspension of Sentence and Commitment of Youthful Offender. If after hearing the evidence in the proper proceedings, the court should find that the youthful offender has committed the acts charged against him, the court shall determine the imposable penalty, including any civil liability chargeable against him. However, instead of pronouncing judgment of conviction, the court, upon application of the youthful offender if it finds that
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the best interest of the public as well as that of the offender will be served thereby, may suspend all further proceedings and commit such minor to the custody of care of the Department of Social Welfare, or to any training institution operated by the government or any other responsible person until he shall have reached twenty-one years of age, or for a shorter period as the court may deem proper, after considering the reports and recommendations of the Department of Social Welfare or the government training institution or responsible person under whose care he has been committed. Upon receipt of the application of the youthful offender for suspension of his sentence, the court may require the Department of Social Welfare to prepare and submit to the court a social case study report over the offender and his family. The youthful offender shall be subject to visitation and supervision by a representative of the Department of Social Welfare or government training institution as the court may designate subject to such conditions as it may prescribe.The benefits of this article shall not apply to a youthful offender who has once enjoyed suspension of sentence under its provisions or to one who is convicted of an offense punishable by death or life imprisonment.

Juvenile Justice and Welfare Act of 2006 (R.A. 9344)
Section 20. Children Below the Age of Criminal Responsibility. - If it has been determined that the child taken into custody is fifteen (15) years old or below, the authority which will have an initial contact with the child has the duty to immediately release the child to the custody of his/her parents or guardian, or in the absence thereof, the child's nearest relative. Said authority shall give notice to the local social welfare and development officer who will determine the appropriate programs in consultation with the child and to the person having custody over the child. If the parents, guardians or nearest relatives cannot be located, or if they refuse to take custody, the child may be released to any of the following: a duly registered nongovernmental or religious organization; a barangay official or a member of the Barangay Council for the Protection of Children (BCPC); a local social welfare and development officer; or when and where appropriate, the DSWD. If the child referred to herein has been found by the Local Social Welfare and Development Office to be abandoned, neglected or abused by his parents, or in the event that the parents will not comply with the prevention program, the proper petition for involuntary commitment shall be filed by the DSWD or the Local Social Welfare and Development Office pursuant to Presidential Decree No. 603, otherwise ,known as "The Child and Youth Welfare Code". SEC. 64. Children in Conflict with the Law Fifteen (15) Years Old and Below. Upon effectivity of this Act, cases of children fifteen (15) years old and below at the time of the commission of the crime shall immediately be dismissed and the child shall be referred to the appropriate local social welfare and development officer. Such officer, upon thorough assessment of the child, shall determine whether to release the child to the custody of his/her parents, or refer the child to prevention programs as provided under this Act. Those with suspended sentences and undergoing rehabilitation at the youth rehabilitation center shall likewise be released, unless it is contrary to the best interest of the child.

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Act Prohibiting the Imposition of Death Penalty in the Philippines (R.A. 9346)
SECTION 1. The imposition of the penalty of death is hereby prohibited. Accordingly, Republic Act No. Eight Thousand One Hundred Seventy-Seven (R.A. No. 8177), otherwise known as the Act Designating Death by Lethal Injection is hereby repealed. Republic Act No. Seven Thousand Six Hundred Fifty-Nine (R.A. No. 7659), otherwise known as the Death Penalty Law, and all other laws, executive orders and decrees, insofar as they impose the death penalty are hereby repealed or amended accordingly. SEC. 2. In lieu of the death penalty, the following shall be imposed. (a) the penalty of reclusion perpetua, when the law violated makes use of the nomenclature of the penalties of the Revised Penal Code; or (b) the penalty of life imprisonment, when the law violated does not make use of the nomenclature of the penalties of the Revised Penal Code. SEC. 3. Person convicted of offenses punished with reclusion perpetua, or whose sentences will be reduced to reclusion perpetua, by reason of this Act, shall not be eligible for parole under Act No. 4180, otherwise known as the Indeterminate Sentence Law, as amended. SEC. 4. The Board of Pardons and Parole shall cause the publication at least one a week for three consecutive weeks in a newspaper of general circulation of the names of persons convicted of offenses punished with reclusion perpetua or life imprisonment by reason of this Act who are being considered or recommend for commutation or pardon; Provided, however, That nothing herein shall limit the power of the President to grant executive clemency under Section 19, Article VII of the Constitutions. Human Security Act of 2007 (R.A. 9372) SEC. 7. Surveillance of Suspects and Interception and Recording of Communications. -The provisions of Republic Act No. 4200 (Anti-Wire Tapping Law) to the contrary notwithstanding, a police or law enforcement official and the members of his team may, upon a written order of the Court of Appeals, listen to, intercept and record, with the use of any mode, form, kind or type of electronic or other surveillance equipment or intercepting and tracking devices, or with the use of any other suitable ways and means for that purpose, any communication, message, conversation, discussion, or spoken or written words between members of a judicially declared and outlawed terrorist organization, association, or group of persons or of any person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism. Provided, That surveillance, interception and recording of communications between lawyers and clients, doctors and patients, journalists and their sources and confidential business correspondence shall not be authorized. SEC. 19. Period of Detention in the Event of an Actual or Imminent Terrorist Attack. - In the event of an actual or imminent terrorist attack, suspects may not be detained for more than three days without the written approval of a municipal, city, provincial or regional official of a Human Rights Commission or judge of the municipal, regional trial court, the
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Sandiganbayan or a justice of the Court of Appeals nearest the place of the arrest. If the arrest is made during Saturdays, Sundays, holidays or after office hours, the arresting police or law enforcement personnel shall bring the person thus arrested to the residence of any of the officials mentioned above that is nearest the place where the accused was arrested. The approval in writing of any of the said officials shall be secured by the police or law enforcement personnel concerned within five days after the date of the detention of the persons concerned: Provided, however, That within three days after the detention the suspects, whose connection with the terror attack or threat is not established, shall be released immediately. SEC. 27. Judicial Authorization Required to Examine Bank Deposits, Accounts, and Records. - The provisions of Republic Act No. 1405 as amended, to the contrary notwithstanding, the justices of the Court of Appeals designated as a special court to handle anti-terrorism cases after satisfying themselves of the existence of probable cause in a hearing called for that purpose that: (1) a person charged with or suspected of the crime of terrorism or, conspiracy to commit terrorism, (2) of a judicially declared and outlawed terrorist organization, association, or group of persons; and (3) of a member of such judicially declared and outlawed organization, association, or group of persons, may authorize in writing any police or law enforcement officer and the members of his/her team duly authorized in writing by the anti-terrorism council to: (a) examine, or cause the examination of, the deposits, placements, trust accounts, assets and records in a bank or financial institution; and (b) gather or cause the gathering of any relevant information about such deposits, placements, trust accounts, assets, and records from a bank or financial institution. The bank or financial institution concerned, shall not refuse to allow such examination or to provide the desired information, when so, ordered by and served with the written order of the Court of Appeals.

Bouncing Checks Law (B.P. 22)
ADMINISTRATIVE CIRCULAR NO. 12-2000 February 21, 2001 RE : PENALTY FOR VIOLATION OF B.P. BLG. 22 Section 1 of B.P. Blg. 22 (An Act Penalizing the Making or Drawing and Issuance of a Check Without Sufficient Funds for Credit and for Other Purposes) imposes the penalty of imprisonment of not less than thirty (30) days but not more than one (1) year or a fine of not less than but not more than double the amount of the check, which fine shall in no case exceed P200,000, or both such fine and imprisonment at the discretion of the court. In its decision in Eduardo Vaca, v. Court of Appeals (G.R. No. 131714, 16 November 1998; 298 SCRA 656, 664) the Supreme Court (Second Division) per Mr. Justice V. Mendoza, modified the sentence imposed for violation of B.P. Blg. 22 by deleting the penalty of imprisonment and imposing only the penalty of fine in an amount double the amount of the check. In justification thereof, the Court said: Petitioners are first-time offenders. They are Filipino entrepreneurs who presumably contribute to the national economy. Apparently, they brought this appeal, believing in all good faith, although mistakenly that they had not committed a violation of B.P. Blg. 22. Otherwise, they could simply have accepted the judgment of the trial court and applied for probation to evade a prison term. It would best serve the ends of criminal justice if in fixing the penalty within the range of discretion allowed by Section 1, par. 1, the same philosophy
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underlying the Indeterminate Sentence Law is observed, namely, that of redeeming valuable human material and preventing unnecessary deprivation f personal liberty and economic usefulness with due regard to the protection of the social order. In this case, we believe that a fine in an amount equal to double the amount of the check involved is an appropriate penalty to impose on each of the petitioners. In the recent case of Rosa Lim v. People of the Philippines (G. R. No. 130038, 18 September 2000), the Supreme Court en banc, applying Vaca also deleted the penalty of imprisonment and sentenced the drawer of the bounced check to the maximum of the fine allowed by B.P. Blg. 22, i.e., P200,000, and concluded that ―such would best serve the ends of criminal justice.‖ All courts and judges concerned should henceforth take note of the foregoing policy of the Supreme Court on the matter of the imposition of penalties for violations of B.P. Blg. 22. The Court Administrator shall cause the immediate dissemination of this Administrative Circular to all courts and judges concerned. This Administrative Circular, referred to and approved by the Supreme Court en banc, shall take effect upon its issuance. ADMINISTRATIVE CIRCULAR NO. 13-2001 February 14, 2001. TO : ALL JUDGES SUBJECT : CLARIFICATION OF ADMINISTRATIVE CIRCULAR NO. 12-2000 ON THE PENALTY FOR VIOLATION OF BATAS PAMBANSA BLG. 22, OTHERWISE KNOWN AS THE BOUNCING CHECK LAW. Clarification has been sought by concerned Judges and other parties regarding the operation of Administrative Circular 12-2000 issued on 21 November 2000. In particular, queries have been made regarding the authority of Judges to: 1. Impose the penalty of imprisonment for violations of Batas Pambansa Blg. 22; and 2. Impose subsidiary imprisonment in the event that the accused who is found guilty of violating the provisions of B.P. Blg. 22, is unable to pay the fine which he is sentenced to pay considering that Administrative Circular No. 12-2000 adopted the rulings in Eduardo Vaca v. Court of Appeals (G.R. No. 131714, 16 November 1998, 298 SCRA 656) and Rosa Lim v. People of the Philippines (G.R. No. 130038, 18 September 2000) as a policy of the Supreme Court on the matter of the imposition of penalties for violations of B.P. Blg. 22, without mentioning whether subsidiary imprisonment could be resorted to in case of the accused's inability to pay the fine. The clear tenor and intention of Administrative Circular No. 12-2000 is not to remove imprisonment as an alternative penalty, but to lay down a rule of preference in the application of the penalties provided for in B.P. Blg. 22. The pursuit of this purpose clearly does not foreclose the possibility of imprisonment for violations of B.P. Blg. 22. Neither does it defeat the legislative intent behind the law.
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Thus, Administrative Circular No. 12-2000 establishes a rule of preference in the application of the penal provisions of B.P. Blg. 22 such that where the circumstances of both the offense and the offender clearly indicate good faith or a clear mistake of fact without taint of negligence, the imposition of a fine alone should be considered as the more appropriate penalty. Needless to say, the determination of whether the circumstances warrant the imposition of a fine alone rests solely upon the Judge. Should the Judge decide that imprisonment is the more appropriate penalty, Administrative Circular No. 12-2000 ought not be deemed a hindrance. It is, therefore, understood that: 1. Administrative Circular 12-2000 does not remove imprisonment as an alternative penalty for violations of B.P. Blg. 22; 2. The Judges concerned may, in the exercise of sound discretion, and taking into consideration the peculiar circumstances of each case, determine whether the imposition of a fine alone would best serve the interests of justice or whether forbearing to impose imprisonment would depreciate the seriousness of the offense, work violence on the social order, or otherwise be contrary to the imperatives of justice; 3. Should only a fine be imposed and the accused be unable to pay the fine, there is no legal obstacle to the application of the Revised Penal Code provisions on subsidiary imprisonment. The issuance of this Administrative Circular was authorized by the Court En Banc in A.M. No. 00-11-01-SC at its session of 13 February 2001.

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SYLLABUS I. Revised Penal Code / Special Laws, Presidential Decrees, and Executive Orders A. Book 1 (Articles 1-99, RPC, excluding provisions on civil liability), including related Special Laws 1. Fundamental Principles a. Definition of Criminal Law Difference between Mala in Se and Mala Prohibita b. Scope of Application and Characteristics of the Philippine Criminal Law (1) Generality (2) Territoriality (3) Prospectivity c. Constitutional limitations on the power of Congress to enact penal laws in the Bill of Rights (1) equal protection (2) due process (3) non-imposition of cruel and unusual punishment or excessive fines -Act Prohibiting the Imposition of Death Penalty in the Philippines (R.A. 9346) (4) bill of attainder (5) ex post facto law 2. Felonies a. Classifications of Felonies b. Elements of Criminal Liability

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c. Impossible Crime d. Stages of Execution e. Conspiracy and Proposal f. Multiple Offenders (differences, rules, effects) (1) Recidivism (2) Habituality (Reiteracion) (3) Quasi-Recidivism (4) Habitual Deliquency g. Complex Crimes vis Special Complex Crimes 3. Circumstances which Affect Criminal Liability a. Decree Codifying the Laws on Illegal / Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition, of Firearms, Ammunition or Explosives (P.D. 1866, as amended by R.A. 8294) as an aggravating circumstance b. The Comprehensive Dangerous Drugs Act of 2002 (R.A. 9165 (1) As a qualifying aggravating circumstance (2) Immunity from prosecution and punishment, coverage (3) Minor offenders (4) Application / Non application of RPC provisions (Sec. 98, R.A. 9165) cf. Art. 10, RPC c. Juvenile Justice and Welfare Act of 2006 (R.A. 9344); also refer to Child and Youth Welfare Code (P.D. 603, as amended) (1) Definition of child in conflict with the law (2) Minimum age of criminal responsibility
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(3) Determination of age (4) Exemption from criminal liability d. Anti-Violence against Women and their Children Act of 2004 (R.A. 9262)-Battered woman syndrome 4. Persons Criminally Liable a. Decree Penalizing Obstruction of Apprehension and Prosecution of Criminal Offenders (P.D. 1829) (1) Punishable acts (2) Compare with Article 20, RPC (accessories exempt from criminal liability) 5. Penalties a. General Principles - Act Prohibiting the Imposition of Death Penalty in the Philippines (R.A. 9346) b. Purposes c. Classification d. Duration and Effect e. Application (1) Indeterminate Sentence Law (R.A. 4103, as amended) (a) Application on the imposed sentence (b) Coverage (c) Conditions of parole f. Execution and Service (1) Probation Law (P.D. 968, as amended) (a) Definition of terms (b) Purpose
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(c) Grant of probation, manner and conditions (d) Criteria of placing an offender on probation (e) Disqualified offenders (f) Period of probation (g) Arrest of probationer (h) Termination of probation; exception The Comprehensive Dangerous Drugs Act of 2002 (R.A. 9165) (2) Juvenile Justice and Welfare Act of 2006 (R.A. 9344); also refer to Child and Youth Welfare Code (P.D. 603, as amended) (a) Definition of child in conflict with the law (b) Exemption from criminal liability (c) Juvenile justice and welfare system 6. Modification and Extinction of Criminal Liability a. Prescription of crimes b. Prescription of penalties B. Book II (Articles 114-365), including related Special Laws 1. Crimes Against National Security (114-123); in addition: a. Anti-Piracy and Anti- Highway Robbery (P.D.532) (1) Definition of terms (2) Punishable acts b. Anti-Hijacking Law (PD 6235) (1) Punishable acts
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c. Human Security Act of 2007(R.A. 9372) (1) Punishable acts of terrorism (2) Who are liable 2. Crimes Against the Fundamental Laws of the State (124-133); in addition: a. Human Security Act of 2007 (R.A. 9372) (1) Period of detention b. Anti-Torture Act (R.A. 9745) (1) Punishable acts (2) Who are liable 3. Crimes Against Public Order (134-159); in addition: a. -Decree Codifying the Laws on Illegal / Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition, of Firearms, Ammunition or Explosives (P.D. 1866, as amended by R.A. 8294) as an element of the crimes of rebellion, insurrection, sedition, or attempted coup d’etat b. Human Security Act of 2007 (R.A. 9372) (1) Punishable acts of terrorism (2) Who are liable (3) Absorption principle in relation to complex crimes 4. Crimes Against Public Interest (161-187); in addition: a. The New Public Bidding Law (R.A. 9184) (1) Prohibited acts b. Anti-Alias Law (C.A. 142) (1) Punishable acts
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(2) Exception 5. Crimes Relative to Opium and other Prohibited Drugs a. The Comprehensive Dangerous Drugs Act of 2002 (R.A. 9165) (1) Punishable acts (2) Attempt or conspiracy, effect on liability 6. Crimes Against Public Morals (200-202) 7. Crimes Committed by Public Officers (203-245); in addition: a. Anti-Graft and Corrupt Practices Act (R.A. 3019,as amended) (1) Coverage (2) Punishable acts (3) Exceptions b. Anti-Plunder Act (R.A. 7080, as amended) (1) Definition of terms (2) Ill-gotten wealth (3) Plunder (4) Series / Combination (5) Pattern c. Human Security Act of 2007 (R.A. 9372) (1) Failure to deliver suspect to proper judicial authority (2) Infidelity in the custody of detained persons (3) False prosecution 8. Crimes Against Persons (246-266); in addition:
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a. Anti-Violence against Women and their Children Act of 2004 (R.A. 9262) (1) Punishable acts b. Anti-Child Pornography Law (R.A. 9775) (1) Definition of terms (2) Unlawful or punishable acts c. Anti-Hazing Law (R.A. 8049) (1) Hazing (a) Definition (b) Allowed initiation rites (2) Who are liable (3) Punishable acts d. Special Protection of Children Against Child Abuse, Exploitation, and Discrimination Act (R.A. 7610, as amended) (1) Coverage (2) Child prostitution, punishable acts (3) Child trafficking, punishable acts e. Juvenile Justice and Welfare Act of 2006 (R.A. 9344); also refer to Child and Youth Welfare Code (P.D. 603, as amended) (1) Punishable acts f. Human Security Act of 2007 (R.A. 9372) (1) Punishable acts of terrorism (2) Who are liable

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9. Crimes Against Personal Liberty and Security (267-292); in addition: a. Anti-Wire Tapping Act (R.A. 4200) (1) Punishable acts (2) Exceptions b. Human Security Act of 2007 (R.A. 9372) (1) Surveillance of suspects and interception and recording of communications (2) Restriction on travel (3) Examination of bank deposits and documents (a) Judicial Authorization (b) Application (4) Unauthorized revelation of classified materials c. Anti-Trafficking in Persons Act of 2003 (R.A. 9208) (1) Punishable acts 10. Crimes Against Property (293-332); in addition: a. Anti-Fencing Law (P.D. No. 1612) and its Implementing Rules and Regulations (1) Fencing (a) Definition (b) Presumption of fencing (2) Exception (a) With clearance or permit to sell b. Bouncing Checks Law (B.P. Blg. 22) plus Administrative Circular No. 12-2000 Re: Penalty for Violation of B.P. 22

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and Administrative Circular No. 13-2001 Re: Clarification of Admin Circular No. 12-2000 (1) Punishable acts (2) Evidence of knowledge of insufficient funds (3) Preference of imposition of fine c. Anti-Carnapping Act of 1972 (R.A. 6539) (1) Definition of terms (2) Registration (3) Who are liable (a) Duty of collector of customs (b) Duty of importers, distributors and sellers (c) Clearance and permit (4) Punishable acts d. Human Security Act of 2007 (R.A. 9372) (1) Punishable acts of terrorism e. Anti-Arson Law (P.D.1613) (1) Punishable acts 11. Crimes Against Chastity (333-334, 336-346); in addition: a. Anti-Photo and Video Voyeurism Act of 2009 (R.A. 9995) (1) Punishable acts b. Special Protection of Children Against Child Abuse, Exploitation, and Discrimination Act (R.A. 7610, as amended) (1) Child prostitution and other acts of abuse

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(a) Punishable acts (b) Compare prosecution for Acts of Lasciviousness under Art. 366, RPC and RA 7610, as amended (2) Obscene Publications and indecent shows (a) Punishable acts c. Anti-Trafficking in Persons Act of 2003 (R.A. 9208) (1) Punishable acts d. Anti-Violence against Women and their Children Act of 2004 (R.A. 9262) (1) Punishable acts e. Anti-Sexual Harassment Act of 1995 (R.A. 7877) (1) Punishable acts 12. Crimes Against Civil Status (347-352)lawphil.net 13. Crimes Against Honor (353-364); in addition: a. Administrative Circular 08-2008 Re: Guidelines in the Observance of a Rule of Preference in the Imposition of Penalties in Libel Cases (1) Preference of imposition of fine 14. Criminal Negligence (365) II. Jurisprudence— Pertinent Supreme Court decisions promulgated up to June 30, 2010 III. Excluded Topics 1. All Special Penal Laws and Supreme Court Decisions not pertinent to the above outlined topics are excluded. 2. Penalties of Specific Crimes.

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