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CRIMINAL

LAW BOOK II AND SPECIAL PENAL LAWS

CRIMINAL LAW BOOK II AND SPECIAL PENAL LAWS


Table of Contents
TOPICS UNDER THE SYLLABUS B. BOOK II 1. Crim es Against National Security (Art. 114-123). 6 a. Anti-Piracy and Anti-Highway Robbery (P.D. 532) ...10 i. Definition of term s. .10 ii. Punishable acts..10 b. Anti-Hijacking Law (P.D. 6235) ....11 i. Punishable acts...11 c. Hum an Security Act of 2007 (R.A. 9372) ...12 i. Punishable acts of terrorism...12 ii. W ho are liable.12 2. Crim es Against the Fundam ental Laws of the State (Art. 124-133) ....13 a. Hum an Security Act of 2007 (R.A. 9372) ..14 i. Period of detention.15 b. Anti-Torture Act of 2009 (R.A. 9745) 15 i. Punishable acts...15 ii. W ho are liable.15 3. Crim es Against Public Order (Art. 134-160)18 a. Decree Codifying the Laws on Illegal/Unlawful Possession, M anufacture, Dealing in, Acquisition or Disposition of Firearm s, Am m unition or Explosives (P.D. 1866, as am ended by R.A. 8294) as an elem ent of the crim es of rebellion, insurrection, sedition, or attem pted coup detat..22 b. Hum an Security Act of 2007 (R.A. 9372) i. Punishable acts of Terroristm ii. W ho are liable iii. Absorption principle in relation to com plex crim es 4. Crim es Against Public Interests (Art. 161-187) ...29 a. The New Public Bidding Law (R.A. 9184) 36 i. Prohibited Acts...36 b. Anti-Alias Law (C.A. 142) 37 i. Punishable acts...37 ii. Exception.37 5. Crim es Relative to Opium and Other Prohibited Drugs40 a. The Com prehensive Dangerous Drugs Act of 2002 (R.A. 9165) ..40 i. Punishable acts...40 ii. W ho are liable.41 iii. Attem pt or conspiracy, effect on liability.42 iv. Im m unity from prosecution and punishm ent..42 6. Crim es Against Public m orals (Art. 200-202) ..44 7. Crim es Com m itted by Public Officers (Art. 203-245) ...48 a. Anti-Graft and Corrupt Practices Act (R.A. 3019, as am ended) .51 CRIMINAL LAW REVIEWER Page 2 of 129

i. Coverage...52 ii. Punishable acts ..52 iii. Exceptions .53 b. Anti-Plunder Act (R.A. 7080, as am ended) ..55 i. Definition of Term s..55 ii. Ill-gotten wealth55 iii. Plunder...55 iv. Series/Com bination..55 v. Pattern c. Hum an Security Act of 2007 (R.A. 9372) 56 i. Failure to deliver suspect to proper judicial authority.56 ii. Infidelity in the custody of detained persons....56 iii. False prosecution..56 8. Crim es Against Persons (Art. 246-266) ...63 a. Anti-Violence against W om en and their Children Act of 2004 (R.A. 9262) ..72 i. Punishable acts...73 b. Anti-Child Pornography Act of 2009 (R.A. 9775) ...74 i. Definition of term s..74 ii. Unlawful or punishable acts..75 c. Anti-Hazing Law (R.A. 8049) .75 i. Hazing..75 (a) Definition...75 (b) Allowed initiation rites..75 ii. W ho are liable.75 iii. Punishable acts...75 d. Special Protection of Children Against Child Abuse, Exploitation and Discrim ination Act (R.A. 7610, as am ended) ....76 i. Coverage..76 ii. Child prostitution, punishable acts..76 iii. Child trafficking, punishable acts...76 e. Juvenile Justice and W elfare Act of 2006 (R.A. 9344); also refer to the Child Youth and W elfare Code (P.D. 603, as am ended) .77 i. Punishable acts..79 f. Hum an Security Act of 2007 (R.A. 9372) i. Punishable acts of terrorism ii. W ho are liable 9. Crim es Against Personal Liberty and Security (Art. 267-292) ..80 a. Anti-W ire Tapping Act (R.A. 4200) .88 i. Punishable acts....88 ii. Exceptions.88 b. Hum an Security Act of 2007 (R.A. 9372) ..88 i. Surveillance of suspects and interception and recording of com m unication88 ii. Restrictionon travel..88 iii. Exam ination of bank deposits and docum ents.89 (a) Judicial Authorization...89 (b) Application..89 iv. Unauthorized revelation of classifed m aterials..89 CRIMINAL LAW REVIEWER Page 3 of 129

c. Anti-Trafficking in Persons Act of 2003 (R.A. 9208) ..89 i. Punishable acts..89 10. Crim es Against Property (Art. 293-332). .90 a. Anti-Fencing Law (P.D. 1612) and its im plem enting rules and regulations..98 i. Fencing..98 (a) Definition..98 (b) Presum ption of fencing.98 ii. Exception98 (a) W ith clearance or perm it to sell...98 b. Bouncing Checks Law (B.P. Blg. 22) plus Adm inistrative Circular No. 12-2000 Re: Penalty for Violation of B.P. 22 and Adm in istrative Circular No. 13-2001 Re: Clarification of Adm in Circular No. 12-2000..102 i. Punishable acts.102 ii. Evidence of knowledge of insufficient funds...102 iii. Preference of im position of fine...102 c. Anti-Arson Law (P.D. 1613) . ..107 i. Punishable acts...107 d. Hum an Security Act of 2007 (R.A. 9372) i. Punishable acts of Terrorism e. Anti-Carnapping Act of 1972 (R.A. 6539) 109 i. Definition of Term s109 ii. Registration109 iii. W ho are liable..109 (a) Duty of collector of custom s..110 (b) Duty of im porters, distributors and sellers110 (c) Clearance and perm it.110 iv. Punishable acts...110 11. Crim es Against Chastity (Art. 333-334, 336-346) ..111 1. Anti-Photo and Video Voyeurism Act of 2009 (R.A. 9995) ..117 a. Punishable acts..117 2. Special Protection of Childern Against Child Abuse, Exploitation and Discrim ination Act (R.A. 7610, as am ended) ..117 a. Child prostitution and other acts of abuse.117 i. Punishable acts.117 ii. Com pare prosecution for Acts of Lasciviousness under Art. 366, RPC and R.A. 7610, as am ended. .118 b. Obscene publications and indecent shows.118 i. Punishable acts.118 3. Anti-Trafficking in Persons Act of 2003 (R.A. 9208) a. Punishable acts 4. Anti-Violence Against W om en and Their Children Act of 2004 (R.A. 9262) .119 a. Punishable acts..119 5. Anti-Sexual Harassm ent Act of 1995 (R.A. 7877) ...119 a. Punishable acts119 12. Crim es Against Civil Status (Art. 347-352) ..120 13. Crim es Against Honor (Art. 353-364) ..122 CRIMINAL LAW REVIEWER Page 4 of 129

a. Adm inistrative Circular 09-2008 Re: Guidelines in the Observance of a Rule of Preference in the Im position of Penalties in Libel Cases.127 i. Preference of im position of fine.127 14. Crim inal Negligence (Art. 365) ..128

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BOOK II AND SPECIAL PENAL LAWS


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2.

1. CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS


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TOPICS UNDER THE SYLLABUS Chapter 1: Crimes Against National Security Sec. 1. Treason and Espionage CA No. 616 Sec. 2. Provoking war and disloyalty in case of war Sec. 3. Piracy and mutiny on the high seas in Philippine waters P.D. 532 R.A. 6235 R. A. 9372

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Chapter 1: Crimes Against National Security

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SECTION 1. TREASON AND ESPIONAGE
ART. 114. TREASON ELEMENTS: 1. Offender is a Filipino Citizen or an alien residing in the Philippines; 2. War in which the Philippines is involved; 3. Offender either a. Levies war against the Government, or b. Adheres to the enemies, giving them aid or comfort. TREASON breach of allegiance to the government by a person who owes allegiance to it ALLEGIANCE obligation of fidelity and obedience which the individuals owe to the government under which they live or to their sovereign, in return for protection they receive Treason committed in a foreign country may be prosecuted in the Philippines. (Art. 2, RPC) PERSONS LIABLE: 1. FILIPINO permanent allegiance; can commit treason anywhere

ALIEN RESIDENT temporary allegiance; commits treason only when residing in the Philippines Treason is a war crime (hence cannot be committed in time of peace), punished by the state as a measure of self- defense and self-preservation.1 ACTS PUNISHED (MODES OF COMMITTING TREASON): 1. Levying war requires: a. Actual assembling of men b. Purpose of executing a treasonable design by force 2. Adherence to enemies requires concurrence of: a. Actual adherence & b. Giving aid or comfort LEVY WAR - must be with intent to overthrow the government as such, not merely to resist a particular statute or to repel a particular officer. It matters not how vain and futile the attempt was and how impossible its accomplishment. In treason by levying war, it is not necessary that there be a formal declaration of the existence of a state of war. Actual hostilities may determine the date of the commencement of war.2 ADHERENCE TO ENEMIES intent to betray; when a citizen intellectually or emotionally favors the enemy and harbors sympathies or convictions disloyal to his countrys policy or interest AID/COMFORT act which strengthens or tends to strengthen the enemy in the conduct of war against the traitors country and an act which weakens or tends to weaken the power of the traitors country to resist or to attack the enemy Mere acceptance of public office and discharge of official duties under the enemy do not constitute per se the felony of treason. But when the position is policy-determining, the acceptance of public office and the discharge of official duties constitute treason. POLICY DETERMINING defines the norm of conduct of all offices and officials under the department he headed had to adopt and enforce, implemented the policy, and helped in the propagation of the creed of the invader
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Concurring Opinion of Justice Perfecto, Laurel v. Misa, 77 Phil. 865 2 Justice Johnson dissenting; US v. Lagnason, 3 Phil. 495

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WAYS TO PROVE: 1. Treason (Overt act of giving aid or comfort) a. Testimony - at least 2 witnesses to the same overt act b. Judicial confession of the accused in open court 2. Adherence a. One witness b. Nature of act itself c. Circumstances surrounding the act TWO WITNESS RULE: Testimonies need not be identical, but must relate to the same overt act.3 It is sufficient that the witnesses are uniform in their testimony on the overt act; not necessarily that there be a corroboration between them on the point they testified.4 The two-witness rule is severely restrictive, hence, each of the witnesses must testify to the whole overt act; or if it is separable, there must be two witnesses to each part of the overt act.5 REASON FOR TWO-WITNESS RULE: The special nature of the crime requires that the accused be afforded a special protection not required in other cases so as to avoid a miscarriage of justice. CIRCUMSTANCES INHERENT IN TREASON: 1. Evident premeditation 2. Superior Strength 3. Treachery AGGRAVATING CIRCUMSTANCES IN TREASON: 1. Cruelty 2. Ignominy 3. Gravity or seriousness of the acts of treason DEFENSES NOT A DEFENSE Duress or uncontrollable Suspended allegiance fear Obedience to de facto Joining the enemy army thus government becoming a citizen of the enemy NOTE: There is no treason through negligence. It requires intent.6 Treason is a continuous offense.7 Proof of one count is sufficient of conviction. 8
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There is no complex crime of treason with murder or physical injuries.9

Hauft v. United States, 67 S. Ct. 874 4 People v. Concepcion 84 Phil. 789 5 People v. Escleto, 84 Phil. 121 6 Cramer v. US 65 Sup. Ct. 918, April 23, 1945 7 People v. Victoria, 78 Phil. 129 8 People v. San Juan, 89 Phil. 359

ART. 115. CONSPIRACY AND PROPOSAL TO COMMIT TREASON ELEMENTS CONSPIRACY: 1. In times of war; 2. Two or more persons come to an agreement to - a. Levy war against the government, or b. Adhere to the enemies and to give them aid or comfort 3. They decide to commit it. ELEMENTS PROPOSAL: 1. In times of war; 2. A person who has decided to levy war against the government, or to adhere to the enemies and to give them aid or comfort 3. Proposes its execution to some other person/s. NOTE: As a general rule, conspiracy and proposal to commit a felony is not punishable (Art. 8). Art. 115 is an exception as it specifically penalizes conspiracy and proposal to commit treason. Mere proposal even without acceptance is punishable. If the other accepts, it is already conspiracy. If actual acts of treason are committed after the conspiracy or proposal, the crime committed will be treason, and the conspiracy or proposal is considered as a means in the commission thereof. Two-witness rule not applicable since this is a crime separate and distinct from treason. ART. 116. MISPRISION OF TREASON ELEMENTS: 1. Filipino citizen 2. Owes allegiance to the governmengovernment; t NOT a foreigner 3. Has knowledge of any conspiracy (to commit treason) against the government 4. He conceals or does not disclose the same to the authorities of place in which /c he resides. NOTE: Offender is punished as an accessory to the crime of treason. But such offender is actually a principal to this crime. This will not apply if crime of treason is already committed and it is not reported.
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People v. Prieto 80 Phil. 138

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It is a crime of omission. RPC mentions 4 individuals to whom the conspiracy must be reported to (i.e. governor, provincial fiscal, mayor or city fiscal), but what if you report to some other high-ranking government official? Ex: PNP Director? Judge Pimentel says any government. Official of the DILG is OK. Art. 116 is an exception to the rule that mere silence does not make a person criminally liable. ART. 117. ESPIONAGE ESPIONAGE Offense of 1. gathering, transmitting, or losing information 2. respecting the national defense 3. with intent or reason to believe that the information is to be used to 4. the injury of the Republic of the Philippines or the advantage of a foreign nation. ACTS PUNISHED (MODES OF COMMITTING ESPIONAGE): 1. By entering, without authority, a warship, fort, or military or naval establishment or reservation to obtain any information, plans, photographs or other data of confidential nature relative to the defense of the Philippines. ELEMENTS: a. That the offender (Filipino OR Alien Resident) enters a warship, fort, naval or military establishment or reservation; b. That he has no authority therefore; and c. That his purpose is to obtain information, plans, photographs or other data of a confidential nature relative to the defense of the Philippines. 2. By disclosing to the representative of a foreign nation the contents of the articles, data or information referred to in the preceding paragraph, which he had in his possession by reason of the public office he holds. ELEMENTS: a. That the offender is a public officer; b. That he has in his possession the articles, data or information referred to in the first mode of committing espionage, by reason of the public office he holds; and c. That he discloses their contents to a representative of a foreign nation. PERSONS LIABLE: 1. First mode; ANY person whether: a. Filipino citizen OR resident alien (foreigner) b. Private individual or a public officer

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Second mode: a. A public officer NOTE: 1. Being a public officer is a requirement in the second mode, while it is only aggravating in the first. 2. Wiretapping is not espionage if the purpose is not connected with defense. 3. In the first mode of committing the felony, it is not necessary that the offender succeeds in obtaining the information. TREASON ESPIONAGE In both not conditioned on citizenship of offender Committed in war time War and Peace time Limited in two ways: Committed in many ways levying war, and adhering to the enemy giving him aid or comfort

C.A. NO. 616 AN ACT TO PUNISH ESPIONAGE AND OTHER OFFENSES AGAINST NATIONAL SECURITY ACTS PUNISHABLE: 1. Unlawfully obtaining or permitting to be obtained information affecting national defense; 2. Unlawful disclosing of information affecting national defense; 3. Disloyal acts or words in time of peace (i.e. causing in any manner insubordination, disloyalty, mutiny or refusal of duty of any member of the military, naval, or air forces of the Philippines); 4. Disloyal acts in time of war; 5. Conspiracy to commit the foregoing acts; 6. Harboring or concealing violators of the law (i.e. the offender harbors a person whom he knows as someone who committed or is about to commit a violation of this Act); and 7. Photographing from aircraft of vital military information. SECTION 2. PROVOKING WAR AND DISLOYALTY IN CASE OF WAR ART. 118. INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS ELEMENTS: 1. Offender performs unlawful or unauthorized acts;

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NOTE: If the offender intended to aid the enemy by giving such notice or information, the crime amounts to TREASON; hence penalty same as that for treason. It is immaterial if correspondence contains innocent matters when it is prohibited by the government. Prohibition by the government is not essential when the correspondence is carried on in ciphers or conventional signs or when it contains notice or information, which might be useful to the enemy. Atty. Padilla: offender has to be a person holding an important position ART. 121. FLIGHT TO ENEMYS COUNTRY ELEMENTS: 1. A war in which the Philippines is involved; 2. Offender owes allegiance to the government; 3. Offender attempts to flee or go to enemy country; and 4. Going to enemy country is prohibited by competent authority. PERSONS LIABLE: 1. Filipino citizen 2. Alien residing in the Philippines NOTE: Mere attempt to flee or go to enemy country consummates the crime. There must be a prohibition. If there is none, even if one went to enemy country, there is no crime.

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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; NOTE: Crime is committed in time of peace. Intent of the offender is immaterial. In inciting to war, the offender is any person. If the offender is a public officer, the penalty is higher. Reprisals are not limited to military action; it could be economic reprisals, or denial of entry into their country. ART. 119. VIOLATION OF NEUTRALITY ELEMENTS: 1. War in which the Philippines is not involved; 2. For the purpose of enforcing neutrality, a regulation is issued by competent authority; and 3. That the offender violates such regulation. NEUTRAL A nation or power which takes no part in a contest of arms going on between others NOTE: 1. This crime is committed only in times of war. 2. It is the neutrality of the Philippines that was violated. 3. Atty. Padilla: declaration of a competent authority i.e. the President is sufficient ART. 120. CORRESPONDENCE WITH HOSTILE COUNTRY ELEMENTS: 1. A war in which the Philippines is involved; 2. That the offender makes correspondence with an enemy country or territory occupied by enemy troops; 3. That the correspondence is either a. prohibited by the government, or b. carried on in ciphers or conventional signs, or c. containing notice or information which might be useful to the enemy. CORRESPONDENCE communication by means of letters or it may refer to the letters, which pass between those who have friendly or business relations CIPHER secret writing system; a code 10 QUALIFYING CIRCUMSTANCES: The following must concur together 1. That the notice or information might be useful to the enemy and 2. That the offender intended to aid the enemy
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Websters Dictionary

SECTION 3. PIRACY AND MUTINY ON HIGH SEAS OR IN PHILIPPINE WATERS ART. 122. PIRACY IN GENERAL AND MUTINY ON THE HIGH SEAS OR IN PHILIPPINE WATERS PIRACY it is robbery or forcible depredation on the high seas, without lawful authority and done with animo furandi and in the spirit and intention of universal hostility. ELEMENTS: 1. A vessel is on the high seas or Philippine waters; 2. Offenders not members of its complement nor passengers of the vessel; and 3. That the offenders a. attack or seize the vessel, or b. seize whole or part of vessels cargo, equipment or personal belongings of its complement or passengers. NOTE: Under PD 532, piracy may be committed even by a passenger or member of the complement of the vessel.

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ACTS PUNISHED (MODES OF COMMITTING PIRACY): 1. By attacking or seizing a vessel on the high seas or in the Philippine waters (PD 532); 2. By seizing in the vessel the whole or part of its cargo, its equipment or personal belongings of its complement or passengers while on the high seas or in Philippine waters. MUTINY the unlawful resistance to a superior, or the raising of commotions and disturbances on board a ship against the authority of its commander. PIRACY MUTINY Persons who attack a Offenders are members of vessel or seize its cargo the crew or passengers. are strangers to said vessels Intent to gain is an Offenders may only intend element to ignore the ships officers or they may be prompted by a desire to commit plunder Attack from outside Attack from the inside PIRACY ROBBERY ON HIGH SEAS The offender is an outsider The offender is a member of the complement or a passenger of the vessel In both, there is intent to gain and the manner of committing the crime is the same. NOTE: VESSEL any vessel or watercraft used for transport of passengers and cargo from one place to another through Philippine waters. PHILIPPINE WATERS all bodies of water and all waters belonging to the Philippines by historic or legal title, including territorial sea, the sea-bed, the insular shelves, and other submarine areas over which the Philippines has sovereignty and jurisdiction. (Sec. 2, P.D. No. 532) HIGH SEAS - any waters on the sea coast which are without the boundaries of the low water mark although such waters may be in the jurisdictional limits of a foreign government; parts of the sea that are not included in the exclusive economic zone, in the territorial seas, or in the internal waters of a state, or in the archipelagic waters of an archipelagic state (United Nations Convention on the Law of the Sea) PIRACY IN HIGH SEAS jurisdiction of any court where offenders are found or arrested

PIRACY IN INTERNAL WATERS jurisdiction of Philippine courts For purposes of the Anti-Fencing Law, piracy is part of robbery and theft. Under Human Security Act of 2007 (R.A. 9372) a person who commits an act punishable as piracy and mutiny under Art. 122 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 40 years of imprisonment, without the benefit of parole.

P.D. 532 ANTI-PIRACY AND ANTI-ROBBERY LAW OF 1974


ELEMENTS PIRACY: 1. Vessel is in Philippine waters; 2. Offender any person (including passenger, or member of the complement) 3. That by means of violence or intimidation of persons or force upon things 4. The offender a. Attacks or seizes any vessel or b. Takes away a whole or part thereof of its cargo, equipment or the personal belongings of complement or passengers, irrespective of value ACTS PUNISHED: 1. Attack or seizure of any vessel, or 2. Taking away of cargo, equipment or personal belongings of its complement or passengers HIGHWAY ROBBERY/BRIGANDAGE - is the 1. seizure of any person for ransom / extortion / other unlawful purpose, or 2. taking away of the property of another by means of violence against / intimidation of person / force upon things / other unlawful means ELEMENTS AIDING OR ABETTING PIRACY: 1. Knowingly aids or protects pirates (such as giving them information about the police movement or other peace officers); or 2. Acquires or receives property taken by such pirates, or in any manner derives any benefit; 3. Directly or indirectly abets the commission of piracy. NOTE: The purpose of brigandage is indiscriminate highway robbery. PD 532 punishes as highway robbery or brigandage only acts of robbery perpetuated by outlaws indiscriminately against any person or persons on Philippine

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ART. ART. 123. QUALIFIED PIRACY QUALIFYING CIRCUMSTANCES: 1. Seizure of the vessel by boarding or firing upon the same; 2. Abandonment by pirates of victims without means of saving themselves; or 3. Crime was accompanied by murder, homicide, physical injuries, or rape. QUALIFIED MUTINY When the second or third circumstance accompanies the crime of mutiny mentioned in Art. 122, mutiny is then qualified. First circumstance may not qualify the crime of mutiny. Qualified Piracy is a special complex crime punishable by reclusion perpetua to death, regardless of the number of victims. NOTE: The word crimes in the opening sentence of Art. 123 refers to both piracy and mutiny. However, the second qualifying circumstance specifically mentions pirates thereby excluding mutineers. The murder/rape/homicide/physical injuries must have been committed on the passengers or on the complement of the vessel. Parricide/infanticide should be included (Judge Pimentel). Piracy may be punished in the competent tribunal of any country where the offender may be found or into which he may be carried. Any person who aids or protects pirates or abets the commission of piracy shall be considered as an accomplice.

highways, and not acts of robbery committed against only a predetermined or particular victim.11 PIRACY (RPC) MUTINY (PD 532) Punishes piracy committed Punishes piracy committed either in Philippine waters in Philippine waters only or on the high seas Offenders: Strangers to the Offenders: Any person (may vessel (Non-passengers or be a passenger, crew or non-members of the crew) stranger)

P.D. 6235 ANTI-HIJACKING LAW


ACTS PUNISHED: 1. By compelling a change in the course or destination of an aircraft of Philippine registry, or seizing or usurping the control thereof while it is in flight; 2. By compelling an aircraft of foreign registry to land in Philippine territory or seizing or usurping the control thereof while it is in the said territory; and 3. By shipping, loading, or carrying in any passenger aircraft operating as a public utility w/in the Philippines, any explosive, flammable, corrosive or poisonous substance or material. IN FLIGHT From the moment all exterior doors are closed following embarkation until the same doors are again opened for disembarkation NOTE: (Atty. Palacios) 1. Where the aircraft is of Philippine registry, the offense must be committed while in flight. Hence, the act must take place after all exterior doors are closed following embarkation. 2. Where the aircraft is of foreign registry, offense need not take place while in flight. QUALIFYING CIRCUMSTANCES (PAR 1 & 2): 1. Firing upon the pilot, member of the crew or passenger of the aircraft; 2. Exploding or attempting to explode any bomb or explosive to destroy the aircraft; or 3. The crime is accompanied by murder, homicide, serious physical injuries, or rape.


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Rustico Abay, Jr. v. People of the Philippines GR 165896 September 19, 2008

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R. A. NO. 9372 HUMAN SECURITY ACT OF 2007


ELEMENTS TERRORISM (SEC. 3): 1. Any person who commits an act punishable under any of the following: a. Piracy in general and Munity in the High Seas or in the Philippine Waters (Art. 122) b. Rebellion or Insurrection (Art. 134) c. Coup dtat, including acts committed by private persons (Art. 134-A) d. Murder (Art. 248) e. Kidnapping and Serious Illegal Detention (Art. 267) f. Crimes Involving Destruction or under The Law on Arson (PD 1613) g. Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990 (RA 6969) h. Atomic Energy Regulatory and Liability Act of 1968 (RA 5207) i. Anti-Hijacking Law (PD 6235) j. Anti-piracy and Anti-highway Robbery Law of 1974 (PD 532) k. Decree Codifying the Laws on Illegal and Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms, Ammunitions or Explosives (PD 1866) 2. Thereby sowing and creating widespread and extraordinary fear and panic among the populace 3. To coerce the government to give in to an unlawful demand ELEMENTS CONSPIRACY TO COMMIT TERRORISM (SEC.4): 1. Two or more persons 2. Come to an agreement to commit the crime of terrorism 3. They decide to commit the same NOTE: Anyone found guilty of terrorism or conspiring to commit terrorism shall suffer the penalty of 40 years imprisonment, without the benefit of parole as provided for under Act No. 4103 (the Indeterminate Sentence Law). WHO ARE LIABLE ASIDE FROM THE PRINCIPAL: 1. Accomplice (Sec. 5) a. Not being a principal (under Art 17 of the RPC or a conspirator as defined in Sec 4 hereof) b. Cooperates in the execution of either the crime of terrorism or conspiracy to commit terrorism by previous or simultaneous acts

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Accessory (Sec. 6) a. Having knowledge of the commission of the crime of terrorism or conspiracy to commit terrorism, and without participating therein, either as principal or accomplice under Art. 17 and 18 of RPC b. Takes part subsequent to its commission in any of the following manner: i. by profiting himself or assisting the offender to profit by the effects of the crime ii. by concealing or destroying the body of the crime, or the effects, or instruments thereof, in order to prevent its discovery iii. by harboring, concealing, or assisting in the escape of the principal or conspirator of the crime

OTHER PUNISHED ACTS: 1. Unauthorized or Malicious Examination of a Bank or a Financial Institution (Sec. 36) 2. Bank Officials and Employees Defying a Court Authorization (Sec. 37) 3. False or Untruthful Statement or Misrepresentation of Material Fact in Joint Affidavits (Sec. 38) 4. Unjustified Refusal to Restore or Delay in Restoring Seized, Sequestered and Frozen Bank Deposits, Placements, Trust Accounts, Assets and Records (Sec. 42) 5. Loss, Misuse, Diversion or Dissipation of Seized, Sequestered and Frozen Bank Deposits, Placements, Trust Accounts, Assets and Records. (Sec. 43) 6. Infidelity in the Custody of Detained Persons (Sec. 44) 7. Unauthorized Revelation of Classified Materials (Sec. 46) 8. Furnishing False Evidence, Forged Document, or Spurious Evidence (Sec. 47) NOTE: When a person has been prosecuted under a provision of this Act, and after the accused has pleaded to the charge, the acquittal of the accused or the dismissal of the case shall be a bar to another prosecution under the RPC or any special penal laws (Sec. 49).


END OF TOPIC 1. CRIMES AGAINST NATIONAL SECURITY

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NOTE:

2. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE


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TOPICS UNDER THE SYLLABUS Chapter 1: Arbitrary Detention or Expulsion, Violation of Dwelling, Prohibition, Interruption and Dissolution of Peaceful Meetings and Crimes Against Religious Worship Sec. 1. Arbitrary Detention and Expulsion RA 9372 RA 9745 Sec. 2. Violation of domicile Sec. 3. Prohibition, interruption, and dissolution of peaceful meetings Sec 4. Crimes against religious worship
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Chapter 1: Arbitrary Detention or Expulsion, Violation of Dwelling, Prohibition, Interruption and Dissolution of Peaceful Meetings and Crimes Against Religious Worship
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SECTION 1. ARBITRARY DETENTION AND EXPULSION ART. 124. ARBITRARY DETENTION


DETENTION actual confinement of a person in an enclosure or in any manner detaining and depriving him of his liberty. ELEMENTS: 1. That the offender is a public officer or employee (whose official duties include the authority to make an arrest and detain persons); 2. That he detains a person; and 3. Detention is without legal grounds. LEGAL GROUNDS FOR DETENTION: 1. Commission of a crime 2. Violent insanity or other ailment requiring compulsory confinement of the patient in a hospital

If the offender is a private individual, the act of detaining another is Illegal Detention. (Art. 267 or Art. 268) However, private individuals who conspire with public officers can be liable as principals in the crime of Arbitrary Detention. Public officers who are not vested with authority to detain or order the detention of persons accused of a crime or exceed their authority may be liable for illegal detention because they are acting in their private capacity. Arbitrary detention can be committed through imprudence.12 The law does not fix any minimum period of detention. Offenders have been convicted of arbitrary detention even when the offended party was detained for an hour13 or even less than half an hour.14 Arrest without warrant is the usual cause of arbitrary detention EXCEPT warrantless arrest (under Sec 5, Rule 113, Revised Rules of Criminal Procedure) NOTE: Psychological Restraint is another form of detention15 ART. 125. DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER JUDICIAL AUTHORITIES ELEMENTS: 1. That the offender is a public officer or employee; 2. That he has detained a person for some legal ground; and 3. That he fails to deliver such person to the proper judicial authority within: a. 12 hours, detained for crimes punishable by light penalties, or their equivalent; b. 18 hours, for crimes punishable by correctional penalties, or their equivalent; or c. 36 hours, for crimes/offenses punishable by capital punishment or afflictive penalties, or their equivalent. Circumstances considered in determining the liability of the officer-offender: 1. Means of communication 2. Hour of arrest and 3. Other circumstances such as the time of surrender and the material possibility for the fiscal to make the

12

People v. Misa, C.A., 36 O.G. 3496. [Here, a chief of police (convicted) rearrested a woman who had been released by verbal order of the justice of peace. The officer should have verified the order of release before proceeding to make the re- arrest.] 13 US v. Agravante, 10 Phil. 46 14 US v. Braganza 10 Phil. 79 15 Astorga v. People, GR No 154139

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investigation and file in time the necessary information.16 RIGHTS OF DETAINEE: 1. Shall be informed of the cause of his detention 2. Allowed, upon request, to communicate and confer at anytime with his attorney or counsel NOTE: If offender is a private person, the crime is Illegal Detention. Art. 125 contemplates arrest by virtue of some legal ground or valid warrantless arrest. If arrest is made by virtue of an arrest warrant, person may be detained indefinitely until: a. His case is decided, or b. He posts bail The felony means delay in filing the necessary information or charging of person detained in court, which may be waived if a preliminary investigation is asked for. This does not contemplate actual physical delivery. The filing of the information in court beyond the specified periods does not cure illegality of detention. Hence, the detaining officer is still liable under Art. 125. Neither does it affect the legality of the confinement under process issued by the court. To prevent committing this felony, officers usually ask accused to execute a waiver of Art. 125, which should be under oath and with assistance of counsel. Such waiver is not violative of the constitutional right of the accused. LENGTH OF WAIVER a. Light offense 5 days b. Serious and less serious offenses 7 to 10 days (Judge Pimentel) ARBITRARY DELAY IN DELIVERY OF DETENTION DETAINED (ART. 125) (ART. 124) Detention is illegal Detention is legal in the beginning; from the beginning. illegality starts from the expiration of the specified periods without the persons detained having been delivered to the proper judicial authority. ART. 126. DELAYING RELEASE ELEMENTS: 1. That the offender is a public officer or employee;
16

2.

That there is a judicial or executive order for the release of a prisoner or detention prisoner, or that there is a proceeding upon a petition for the liberation of such person; 3. That the offender without good reason delays: a. the service of the notice of such order to the prisoner, or b. the performance of such judicial or executive order for the release of the prisoner, or c. the proceedings upon a petition for the release of such person. NOTE: Wardens and jailers are the persons most likely to violate this provision. ART. 127. EXPULSION ELEMENTS: 1. The offender is a public officer or employee; 2. That he expels any person from the Philippines, or compels a person to change his residence; and 3. The offender is not authorized by law. ACTS PUNISHED: 1. Expelling a person from the Philippines; or 2. Compelling a person to change his residence NOTE: Crime of expulsion absorbs grave coercion. If done by a private person, act will amount to Grave Coercion. Only the court by a final judgment can order a person to change his residence but the Chief Executive has the power to deport undesirable aliens. If a Filipino who, after voluntarily leaving the country, is illegally refused re-entry, he is considered a victim of being forced to change his address.


Sayo v. Chief of Police of Manila 80 Phil. 861

PERIOD OF DETENTION WITHOUT JUDICIAL WARRANT OF ARREST (Sec. 18): Within a period of 3 days counted from the moment a charged or suspected person (of the crime of terrorism or conspiracy to commit it) has been apprehended or arrested, detained, and taken into custody By any police or law enforcement personnel duly authorized in writing by the Anti-Terrorism Council, who did not incur any criminal liability for delay in the delivery of detained persons to proper judicial authorities, said personnel shall deliver said charged or suspected person to the proper judicial authorities. Provided, the arrest of those suspected of the crime of terrorism or conspiracy to commit terrorism must

R.A. 9372 HUMAN SECURITY ACT 2007

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result from the surveillance (Sec. 7) and examination of bank deposits (Sec. 27) of this Act PERIOD OF DETENTION IN THE EVENT OF AN ACTUAL OR IMMINENT TERRORIST ATTACK (Sec. 19): Suspects may not be detained for more than 3 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 of arrest. The approval in writing of any of the said officials shall be secured by the police or law enforcement personnel concerned within 5 days after the date of the detention of the persons concerned. Provided, that within 3 days after the detention the suspects, whose connection with the terror attack or threat is not established, shall be released immediately.

ELEMENTS TORTURE 1. Any act by which severe physical or mental pain or suffering 2. is inflicted by or at the instigation of or with the consent or acquiescence of a person in authority or his agent 3. Intentionally inflicted on a person 4. For the purpose of: a. Obtaining information or a confession b. Punishment for an act he or a 3rd person has committed, or is suspected of having committed c. Intimidation or coercion d. Any reason based on discrimination of any kind ACTS OF TORTURE (Sec. 4) 1. PHYSICAL TORTURE form of treatment or punishment inflicted by a person in authority upon another in his custody that causes severe pain, exhaustion, disability or dysfunction in one or more parts of the body. Examples: a. Systematic beating, headbanging, punching, kicking, striking with truncheon or rifle butt or other similar objects, and jumping on the stomach; b. Food deprivation or forcible feeding with spoiled food, animal or human excreta and other stuff or

R.A. 9745 ANTI-TORTURE ACT

2.

substances not normally eaten; Electric shock; 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); e. The submersion of the head in water or water polluted with excrement, urine, vomit and/or blood until the brink of suffocation; f. Being tied or forced to assume fixed and stressful bodily position; g. Rape and sexual abuse, including the insertion of foreign objects into the sex organ or rectum, or electrical torture of the genitals; h. Mutilation or amputation of the essential parts of the body such as the genitalia, ear, tongue, etc.; i. Dental torture or the forced extraction of the teeth; j. Pulling out of fingernails; k. Harmful exposure to the elements such as sunlight and extreme cold; l. The use of plastic bag and other materials placed over the head to the point of asphyxiation; m. 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 n. Other analogous acts of physical torture; and MENTAL/PSYCHOLOGICAL TORTURE Acts committed by a person in authority or his agent which are calculated to affect or confuse the mind and/or undermine a person's dignity and morale c. d. Examples: a. Blindfolding; b. Threatening a person(s) or his/her relative(s) with bodily harm, execution or other wrongful acts; c. Confinement in solitary cells or secret detention places; d. Prolonged interrogation; e. Preparing a prisoner for a "show trial", public display or public humiliation of a detainee or prisoner; f. Causing unscheduled transfer of a person deprived of liberty from one place to another, creating the belief that he/she shall be summarily executed; g. Maltreating a member/s of a person's family; h. Causing the torture sessions to be witnessed by the person's family, relatives or any third party; i. Denial of sleep/rest;

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j.

k. l.

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; Deliberately prohibiting the victim to communicate with any member of his/her family; and Other analogous acts of mental/psychological torture. d.

ELEMENTS OTHER CRUEL, INHUMAN AND DEGRADING TREATMENT OR PUNISHMENT (CIDT) (Sec. 5): 1. Deliberate and aggravated treatment or punishment (not enumerated under Sec. 4) 2. Inflicted by person in authority or his agent 3. Against a person in custody 4. Attaining the level of severity sufficient to cause suffering, gross humiliation or debasement to the latter NOTE: The assessment of the level of severity shall depend on all the circumstances of the case, including: 1. Duration of the treatment or punishment 2. Effects, physical and mental 3. In some cases: the sex, religion, age and state of health of the victim. PROHIBITED DETENTION Secret detention places, solitary confinement, incommunicado or other similar forms of detention, where torture may be carried out with impunity are hereby prohibited. (Sec. 7) NOTE: The PNP, AFP and other law enforcement agencies concerned shall make an updated list of all detention centers and facilities under their respective jurisdictions with the corresponding data on prisoners or detainees incarcerated or detained therein. This list shall be available to the public at all times and updated by the same agencies every 5 days of the month at the minimum. WHO ARE LIABLE TORTURE AND/OR CIDT: 1. Principal a. Any person i. Who actually participated or induced another in the commission ii. Who cooperated in the execution of the act by previous or simultaneous acts b. Any superior military, police or law enforcement officer or senior government official i. Who issued an order to any lower ranking personnel to commit torture for whatever purpose c. 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 i. For any act or omission, or negligence committed by him that shall have led, assisted, abetted or allowed, whether directly or indirectly, the commission thereof by his subordinates He who has knowledge of the commission of torture or CIDT committed by his subordinates or others within his area of responsibility, and authority to prevent or investigate the allegations yet did not take or failed to do preventive or corrective actions whether deliberately or negligently

2. 3.

Accomplice Accessory a. Any public officer or employee i. if he has knowledge that torture or other CIDT 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; (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

SECTION 2. VIOLATION OF DOMICILE


ART. 128. VIOLATION OF DOMICILE ELEMENTS: 1. That the offender is a public officer or employee; 2. That he is not authorized by judicial order to enter the dwelling and/or to make a search therein for papers or other effects; and 3. That he commits any of the following acts:

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ELEMENTS: a. That the offender is a public officer or employee; b. That he procures a search warrant; and c. That there is no just cause. 2. Exceeding his authority by using unnecessary severity in executing a search warrant legally procured ELEMENTS: a. That the offender is a public officer or employee; b. That he procures a legal search warrant; and c. That he exceeds his authority or uses unnecessary severity in executing the same.

a. b. c.

entering any dwelling against the will of the owner thereof; searching papers or other effects found therein without the previous consent of such owner; refusing to leave the premises, after having surreptitiously entered said dwelling and after having been required to leave the same.

SURREPTITIOUSLY done through fraud or secret means to accomplish an object (stealth) SPECIAL AGGRAVATING (QUALIFYING) CIRCUMSTANCES: 1. Nighttime 2. Papers or effects not constituting evidence of a crime are not returned immediately NOTE: The judicial order is the search warrant. If the offender who enters the dwelling against the will of the owner is a private individual, the crime committed is Trespass to Dwelling. 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 either: 1. Grave Coercion if violence or intimidation is used (Art 286), or 2. Unjust Vexation if there is no violence or intimidation (Art 287). In the 1st mode, the entrance must be against the will of the owner of the dwelling. Lack of consent will not suffice. Under the 3rd mode, even if the entrance is only without the consent of its owner, the crime is committed when there is a refusal to leave the premises when required to do so. ART. 129. SEARCH WARRANTS MALICIOUSLY OBTAINED AND ABUSE IN THE SERVICE OF THOSE LEGALLY OBTAINED SEARCH WARRANT an order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for personal property described therein and bring it before the court. ELEMENTS: 1. That the offender is a public officer or employee; 2. That he has legally procured a search warrant; and 3. That he exceeds his authority or uses unnecessary severity in executing the same. ACTS PUNISHABLE: 1. Procuring a search warrant without just cause

ART. 130. SEARCHING DOMICILE WITHOUT WITNESSES ELEMENTS: 1. That the offender is a public officer or employee; 2. That he is armed with a search warrant legally procured; 3. That he searches the domicile, papers or other belongings of any person; and 4. That the owner or any member of his family, or two witnesses residing in the same locality is not present. ORDER OF THOSE WHO MUST WITNESS THE SEARCH: 1. Homeowner 2. Members of the family of sufficient age and discretion 3. Responsible members of the community

SECTION 3. PROHIBITION, INTERRUPTION AND DISSOLUTION OF PEACEFUL MEETINGS


ART. 131. PROHIBITION, INTERRUPTION AND DISSOLUTION OF PEACEFUL MEETINGS ELEMENTS: 1. Offender is a public officer or employee; 2. He performs any of the following acts: a. prohibiting or interrupting, without legal ground the holding of a peaceful meeting, or dissolving the same (e.g. denial of permit in arbitrary manner). b. hindering any person from joining any lawful association or from attending any of its meetings c. 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. TESTS for determining if there is a violation of Art 131: 1. Dangerous tendency rule 2. Clear and present danger rule

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NOTE: If the offender is a private individual, the crime is Disturbance of Public Order (Art 153). Offender must be a stranger, not a participant, in the peaceful meeting; otherwise, the offense is Unjust Vexation. Meeting must be peaceful and there must be no legal ground for prohibiting, dissolving or interrupting that meeting. Interrupting and dissolving a meeting of the municipal council by a public officer is a crime against the legislative body and is not punishable under this article. Those holding peaceful meetings must comply with local ordinances.

SECTION 4. CRIMES AGAINST RELIGIOUS WORSHIP


ART. 132. INTERRUPTION OF RELIGIOUS WORSHIP ELEMENTS: 1. That the officer is a public officer or employee; 2. That religious ceremonies or manifestations of any religion are about to take place or are going on; and 3. That the offender prevents or disturbs the same. Qualifying Circumstance: With violence or threats NOTE: 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, hence, only Art 131 was violated. Religious worship includes people in the act of performing religious rites for a religious ceremony or a manifestation of religion. Examples: Mass, baptism, marriage. X, a private person, punched a priest while the priest was giving homily and maligning a relative of X. Is X liable? X may be liable under Art. 133 (Offending religious feelings) because X is a private person. ART. 133. OFFENDING THE RELIGIOUS FEELINGS ELEMENTS: 1. Acts complained of were performed a. in a place devoted to religious worship, or b. during the celebration of any religious ceremony 2. Acts must be notoriously offensive to the feelings of the faithful NOTE: The offender can be any person. Offense to feelings is judged from the complainants point of view.

The phrase in a place devoted to religious worship does not necessarily imply the requirement of a religious ceremony going on. The phrase during the celebration is separated by the word or from the phase place devoted to religious worship which indicates that the religious ceremony need not be celebrated in a place of worship. Examples of religious ceremony (acts performed outside the church): processions and special prayers for burying dead persons but NOT prayer rallies. Acts notoriously offensive to the feelings of the faithful 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 CRIME PERSONS IF ELEMENT IS LIABLE MISSING Prohibition, Public officer or If by insider Interruption and employee who then unjust Dissolution of is a stranger in vexation Peaceful Meeting the meeting (Art. 131) Interruption of Public officer or If not religious Religious Worship employee then Art 131 (Art. 132) Offending Religious Any person Feeling (Art. 133)

END OF DISCUSSION ON TOPIC 2. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

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3. CRIMES AGAINST PUBLIC ORDER

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TOPICS UNDER THE SYLLABUS Chapter 1: Rebellion, sedition and Disloyalty PD 1866 as amended by RA 8294 Chapter 2: Crimes Against Popular Representation Sec. 1 - Crimes against legislative bodies and similar bodies Sec. 2 - Violation of parliamentary immunity Chapter 3: Illegal Assemblies and Associations

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Chapter 4: Assault upon and Resistance and Disobedience To, Persons in Authority and their Agents Chapter 5: Public Disorders Chapter 6: Evasion of Service of Sentence Chapter 7: Commission of Another Crime During Service of Penalty Imposed for Another Previous Offense
================================================

Chapter 1: Rebellion, Coup dtat, Sedition, and Disloyalty


================================================ ART. 134. REBELLION AND INSURRECTION ELEMENTS: 1. Public uprising and taking arms against the government 2. Purpose: a. To remove from the allegiance to Government or laws: i. Territory of Philippines (in whole or in part) ii. Body of land, or army/naval/other forces. b. Deprive Chief Executive or Congress wholly or partially of powers or prerogatives DISTINGUISHING REBELLION FROM OTHER CRIMES REBELLION INSURRECTION Purpose is to overthrow or supersede the existing government Purpose is to effect a change of minor importance, or to prevent the exercise of government authority with respect to particular matters.

REBELLION Requires taking up of arms Giving of comfort and moral aid alone is not punishable No foreign enemy Committed during time of peace or war REBELLION Crime against Public Order TREASON Does not require taking up of arms Giving of comfort and moral aid is punishable Foreign enemy required Committed only during time of war SUBVERSION Crime against National Security

Does not absorb Does not absorb Rebellion Subversion Currently punishable under No law currently punishing the Revised Penal Code Subversion REBELLION IN GENERAL A crime of masses, of the multitude. It cannot be committed by only 1 person. It is a continuing crime. A public uprising and taking up of arms are necessary for overt acts to constitute rebellion. o However, taking part in the clash of arms is not necessary to be convicted of rebellion. o If there is conspiracy, knowingly identifying ones self with a group who commits rebellion is enough for conviction, even if he himself did not rise publicly and take arms. Consummated the very moment rebels rise and take arms against the government. They do not need to achieve their purpose for rebellion to be consummated. PURPOSE FOR REBELLION The purpose of the uprising must be shown. It is not necessary for conviction that the purpose is achieved. NOTE: If there is no public uprising, the crime is direct assault There must be ACTUAL participation. Mere giving of aid or comfort is not criminal in the case of rebellion. Rebellion absorbs other crimes committed in furtherance of rebellion. o Illegal possession of firearms in furtherance of rebellion is absorbed by the crime of rebellion. o A private crime may be committed during rebellion. o Rape, even if not in furtherance of rebellion, cannot be complexed with rebellion. Public officer must take active part because mere silence or omission is not punished in rebellion It is not a defense that the accused never took the oath of allegiance, or that they never recognized the government. People v. Hernandez17: rebellion cannot be complexed with ordinary crimes done pursuant to it People v. Geronimo18: crimes done for private purposes without political motivation should be separately punished Enrile v. Salazar19: Hernandez remains binding doctrine operating to prohibit the complexing of rebellion with any


17 18 19

People v. Hernandez, 99 Phil. Rep 515 (1956) People v. Geronimo, G.R. No. L-8936 (1956) Enrile v. Salazar, 186 SCRA 217 (1990)

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other offense committed on the occasion thereof, either as a means to its commission or as an unintended effect of any activity that constitutes rebellion. ART. 134-A. COUP DTAT ELEMENTS 1. Offender: member of the military, police force, or any public officer or employee 2. Means: swift attack accompanied by violence, intimidation, threat, strategy, or stealth. 3. Possible targets: duly constituted authorities of the Philippines, any military camp/installation, communication networks, public utilities, or other facilities needed for the exercise and continued possession of power. 4. Purpose: to seize or diminish state power COUP DTAT IN GENERAL May be perpetrated with or without civilian participation May be punished as terrorism ART. 135. PENALTY FOR COUP DTAT, REBELLION AND INSURRECTION PARTICIPANT ACTS PENALTY REBELLION Leaders Promotes, Reclusion maintains, or Perpetua heads Participants Participates, or Reclusion executes the Temporal commands of others COUP DTAT Leaders Leads, directs, or Reclusion commands others perpetua to undertake a Coup dtat Participants in Participates or Reclusion government executes the Temporal service commands of others Participants not in Aids, abets, Prision mayor in government finances, or its maximum service otherwise assists period commission PENALTIES AND LIABILITY The indeterminate sentence does not apply to Coup dtat, Rebellion, or Insurrection. If the actual leader is unknown, the persons who actually directed others, spoke for the unknown

leaders, signed receipts, and performed other similar acts will be liable as the leader. ABSORPTION (REBELLION AND INSURRECTION) If other common crimes were done in pursuance of the rebellious purpose, these crimes are absorbed and the person is liable only for rebellion. Absorption is not automatic. One has to show that common crimes were done in pursuance of rebellious purposes, even if one was a member of a rebellious group. If other common crimes are done for personal purposes, even while the person is in rebellion, the person will be held separately liable. Once an overt act (even if it is a crime itself) is cited as an element of Rebellion in the information, it can no longer be charged as a separate crime. ART. 136. CONSPIRACY AND PROPOSAL TO COMMIT COUP DTAT, REBELLION, OR INSURRECTION PENALTIES 1. Conspiracy and proposal to commit Coup dtat a. Prision Mayor minimum b. A fine not exceeding Php 8,000 2. Conspiracy to commit Rebellion or Insurrection a. Prision correccional maximum b. A fine not exceeding Php 5,000 3. Proposal to commit Rebellion or Insurrection a. Prision correccional medium b. A fine not exceeding Php 2,000 NOTE: Merely agreeing and deciding to commit the above mentioned crimes, without actually performing the overt acts is already punishable. There is no conspiracy when the people have not agreed, or decided to commit the crimes. Even if some acts may be construed as helpful to rebels, if there is no intent to aid them in achieving their rebellious purposes, those who gave aid are not liable as conspirators. Even if someone gives speeches in favor of the crimes, if there is no evidence that those who heard it took it as a proposal, the person giving the speech is not liable under this article. ART. 137. DISLOYALTY OF by OR EMPLOYEES ACTS PUNISHABLE 1. Failing to resist rebellion by all means 2. Continuing to discharge duties under rule of rebels 3. Accepting appointment under rule of rebels

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ART. 139. SEDITION ELEMENTS 1. Offenders rise publicly and tumultuously 2. Means: force, intimidation, outside legal method. 3. Objectives: a. Prevent promulgation/execution of law or holding of popular election b. Prevent government or officer thereof from freely exercising functions c. Inflict act of hate or revenge upon public officer or employee or his property d. Commit for political or social end, any act of hate or revenge on any person or social class e. Despoil for any political or social end, any person, the Government, or any division thereof of all or some of their property. SEDITION IN GENERAL 1. Sedition is the raising of commotions or disturbances in the State. 2. Can be committed by both private and public persons. 3. Object is generally a violation of public peace. 4. It cannot be committed by one person alone. a. Something is considered tumultuous if it involves at least four men with weapons or other means of violence. b. Multiple people with no arms or means of violence at all cannot commit sedition. 5. Common crimes are not absorbed in sedition. NOTE: Concurrence of public uprising and purpose of sedition is required. When one is absent, it is not sedition. DISTINGUISHING FROM OTHER CRIMES SEDITION (ART. 139) REBELLION (ART. 134) In both, there must be a public uprising. Sufficient that the Taking up of arms public uprising is against the government tumultuous. Purpose of the The purpose is always offenders may be political. political or social. SEDITION (ART. 139) TREASON (ART. 114) Commotions or disturbances of the State Violation by a subject of his allegiance to his sovereign

NOTE: Penalty for all acts is Prision Correccional in its minimum period OFFENDERS SHOULD be a public officer or employee. A private individual cannot violate this article, even if he accepts appointments under the rebel government. Should not be in conspiracy with the rebels. If there is conspiracy, he/she will be liable for rebellion. REBELLION AS PRE-REQUISITE There must be a rebellion to be resisted in the first place. This article is inapplicable in the absence of the crime of rebellion. ART. 138. INCITING TO REBELLION OR INSURRECTION ELEMENTS 1. Offender does not take arms or is not in open hostility against the Government. 2. He incites others to the execution of any of the acts of rebellion a. He incites others to rise publicly and take arms against the government 3. Means: speeches, proclamations, banners, writings, emblems, or other representations. APPLICABILITY 1. People incited must not actually commit rebellion for this article to apply. 2. If people incited commit rebellion, this article is not applicable. a. People incited would be guilty of rebellion as principals by direct participation. b. Person inciting would be guilty of rebellion as principal by inducement. DISTINGUISHING FROM PROPOSAL TO COMMIT REBELLION PROPOSAL TO COMMIT INCITING TO REBELLION REBELLION ( ART. 136) (ART. 138) The person who proposes has decided to commit rebellion. The person who proposes the execution of the crime uses secret means. Not required that the offender has decided to commit rebellion. The inciting is done publicly.

NOTE: In both proposal and inciting, the offender induces another to commit rebellion

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ART. 140. PENALTY FOR SEDITION PERSONS LIABLE 1. Leader of the sedition 2. Other persons participating in the sedition ART. 141. CONSPIRACY TO COMMIT SEDITION There must be an agreement and a decision to rise publicly and tumultuously to attain any of the objects of sedition in order to constitute the crime of conspiracy to commit sedition. There is no proposal to commit sedition. ART. 142. INCITING TO SEDITION PUNISHABLE ACTS 1. Inciting others to sedition by means of speeches, proclamations, writings, emblems, etc. 2. Uttering seditious words which disturb the public speech. 3. Writing, publishing, or circulating scurrilous libels against Government which tend to disturb public peace. ELEMENTS OF ACT 1 INCITING OTHERS TO SEDITION 1. That the offender does not take a direct part in the crime of sedition; 2. That he incites others to the accomplishment of any of the acts which constitute sedition; and 3. That the inciting is done by means of speeches, proclamations, writing, emblems, cartoons, banners, or other representations tending to the same end. UTTERING AND WRITING: WHEN PUNISHABLE (ACTS 2 & 3) 1. When they tend to disturb or obstruct any public officer in executing the functions of his office; or 2. When they tend to instigate others to cabal and meet together for unlawful purposes; or 3. When they suggest or incite rebellious conspiracies or riots; or 4. 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. 2 RULES RELATIVE TO SEDITIOUS WORDS 1. Clear and present danger rule a. Danger should be both clear and imminent b. Reasonable ground to believe that the danger apprehended is imminent and that the evil to be prevented is a serious one to the State. c. Present time element. Not only probable but very likely inevitable.

2.

Dangerous tendency rule a. Tend to create a danger of public uprising b. Easily produces disaffection c. Produces state of feelings incompatible with a disposition to remain loyal to the government.

P.D. 1866 as amended by R.A. 8294


Sec. 1. Unlawful manufacture, sale, acquisition, disposition or possession of firearms or ammunition or instruments used or intended to be used in the manufacture of firearms or ammunition. 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 If such act was made in furtherance of rebellion, subversion, or insurrection, said act will be absorbed in the latter and shall not be punished as a separate offense. Sec. 3. Unlawful manufacture, sale, acquisition, disposition or possession of explosives. When a person commits any of the crimes defined in the RPC or special laws with the use of the aforementioned explosives, detonation agents or incendiary devices, which results in the death of any person or persons, the use of such explosives, detonation agents or incendiary devices shall be considered as an aggravating circumstance ================================================

Chapter 2: Crimes against Popular Representation


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SECTION 1. CRIMES AGAINST LEGISLATIVE BODIES AND SIMILAR BODIES


ART. 143. ACTS TENDING TO PREVENT THE MEETING OF THE ASSEMBLY AND SIMILAR BODIES ELEMENTS 1. A projected or actual meeting of Congress or any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or of any provincial board or city or municipal council or board; and 2. That the offender who may be any person prevents such meeting by force or fraud. NOTE: The Chief of Police and mayor who prevented the meeting of the municipal council are liable under Art. 143,

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when the defect of the meeting is not manifest and requires an investigation before its existence can be determined. JUST CAUSE If there is just cause for preventing a meeting, the person doing so is not liable under this article. Just cause must appear immediately and must not be one assumed and proven later by an investigation. ART. 144. DISTURBANCE OF PROCEEDINGS ELEMENTS 1. An actual 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; and 2. That the offender does any of the following acts a. he disturbs any of such meetings b. he behaves while in the presence of any such bodies in such a manner as to interrupt its proceedings or to impair the respect due it. NOTE: Accused may also be punished for contempt by the legislative body

4. Member searched/arrested has not committed a crime punishable by arresto mayor or higher NOTE: Actual prevention not necessary It is not necessary that a member of Congress is actually prevented from attending, expressing his opinion, or voting. It is sufficient that offender had the purpose and performed overt acts to achieve such purpose. PARLIAMENTARY IMMUNITY Protects from civil and criminal liability Does not protect a member of Congress from responsibility before the legislative body itself whenever that members conduct is considered inappropriate or unbecoming. Other members may, by votation, opt to suspend, imprison, or expel unruly or otherwise erring members of Congress. ================================================

Chapter 3: Illegal Assemblies and Associations


================================================ ART. 146. ILLEGAL ASSEMBLIES 2 TYPES OF ILLEGAL ASSEMBLIES 1. Meeting attended by armed persons for the purpose of committing any of the crimes punishable under the RPC; REQUISITES: 1. There is a meeting gathering or group of persons whether fixed or moving; 2. Meeting is attended by armed persons; and 3. The purpose of meeting is to commit any of the crimes punishable under RPC 2. A meeting in w/c the audience, whether armed or not, is incited to the commission of the crimes of treason, rebellion or insurrection, sedition or assault upon a person in authority or his agent. REQUISITES: 1. There is a meeting gathering or group of persons whether fixed 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. PRESUMPTIONS WHEN A PERSON CARRIES UNLICENSED FIREARM TO THE ASSEMBLY 1. Purpose of the meeting is to commit a crime under the RPC insofar as he is concerned. 2. Possessor is a leader or organizer of the meeting.

SECTION 2. VIOLATION OF PARLIAMENTARY IMMUNITY


ART. 145. VIOLATION OF PARLIAMENTARY IMMUNITY PUNISHABLE ACTS 1. Using force, intimidation, threats, or fraud to prevent attendance, expression of opinion, or casting of vote, of any member of Congress. 2. Arresting or searching member while Congress is in regular or special session. a. Unless the member is charged with a crime with a penalty higher than prision mayor b. However, to harmonize with the 1987 Constitution, the RPC provision should be read as a penalty of prision mayor or higher ELEMENTS OF ACT 1 1. Means: force, intimidation, threats, or fraud 2. Purpose: To prevent any member of the National Assembly from a. Attending a meeting b. Expressing opinion c. Casting vote ELEMENTS OF ACT 2 1. Offender: Public officer or employee 2. Arrests or searches any member of Congress 3. During regular or special session

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===============================================

PERSONS LIABLE FOR ILLEGAL ASSEMBLY 1. Organizers or leaders of the meeting 2. Persons merely present at the meeting (except when presence is out of curiosity not liable since they do not have intent to commit the felony of illegal assembly) NOTE: Not all the persons present at the meeting of the first form of illegal assembly need to be armed. If the audience is incited to commit rebellion or sedition, the crimes committed are illegal assembly as regards the organizers or leaders and persons merely present and inciting to rebellion or sedition insofar as the one inciting them is concerned. ART. 147. ILLEGAL ASSOCIATIONS KINDS OF ILLEGAL ASSOCIATIONS 1. Those totally or partially organized for the purpose of committing a felony 2. Those totally or partially organized for purposes contrary to public morals. PERSONS LIABLE 1. Founders and Presidents 2. Members DISTINGUISHING ILLEGAL ASSEMBLY FROM ILLEGAL ASSOCIATIONS ILLEGAL ASSOCIATION ILLEGAL ASSEMBLY Not necessary that there be an actual meeting It is the act of forming or organizing and membership in the association that are punished. Persons liable: founders, directors, president, and members. Actual meeting or assembly necessary It is the meeting and attendance at such meeting that are punished.

Chapter 4: Assault upon and resistance and disobedience to persons in authority and their agents
=============================================== ART. 148. DIRECT ASSAULT 2 FORMS OF DIRECT ASSAULT 1. Without public uprising, by employing force or intimidation for attainment of any of the purposes enumerated in defining the crimes of rebellion and sedition ( 1st form) ELEMENTS: 1. Offender employs force or intimidation; 2. Aim of offender is to attain any of the purposes of the crime of rebellion or sedition; and 3. That there is no public uprising. NOTE: Offended party here may be a private person 2. Without public uprising, by attacking, by employing force or by seriously intimidating or by seriously resisting any person in authority or any of his agents, while engaged in the performance of official duties, or on the occasion of such performance. (2nd form) ELEMENTS: 1. Offender (a) makes an attack, (b) employs force, (c) makes a serious intimidation, or (d) makes a serious resistance; 2. Person assaulted is a person in authority or his agent; 3. 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 b. is assaulted by reason of the past performance of official duties (motive is essential); 4. That the offender knows that the one he is assaulting is a person in authority or his agent (with intention to offend, injure or assault); and 5. No public uprising. NOTE: Offended part here is either a person in authority of an agent of a person in authority.

Persons liable: organizers, or leaders, and persons present at the meeting

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REQUIRED DEGREE OF FORCE, INTIMIDATION, OR RESISTANCE FOR LIABILITY TO ATTACH UNDER THIS ARTICLE FORCE EMPLOYED INTIMIDATION/ RESISTANCE Person in Authority Agent Need not be serious Serious Must be of serious character Serious

GENERAL RULE: Direct assault is always complexed with the material consequence of the act (Ex. direct assault with murder). EXCEPTION: If resulting in a light felony, the consequent crime is absorbed. NOTE: Resistance to the person in authority or his agent must be active to constitute a crime under this article. It cannot be passive, as when one throws himself on the ground and refuses to follow orders given by a person in authority to move. Even when the person in authority or the agent agrees to fight, direct assault is still committed. Even another person in authority can be guilty of assault upon a person in authority or his agent. However, there can be no assault upon or disobedience to ones authority by another person in authority or his agent when they both contend that they were in the exercise of their respective duties. A person in authority or his agent is not in the actual performance of official duties when he: o Exceeds his powers, o Uses unnecessary force or violence, or o Descends into matters which are private in nature. Knowledge of the accused that the victim is a person in authority or his agent is essential and such knowledge must be alleged in the information. Evidence of motive of the offender is important when the person in authority or his agent who is attacked or seriously intimidated is not in the actual performance of his official duty. Direct assault may be committed upon a private person who comes to the aid of a person in authority since he is then considered an agent of a person in authority. Direct assault cannot be committed during rebellion. Crime of slight physical injuries is absorbed in direct assault.

QUALIFYING CIRCUMSTANCES 1. When the assault is committed with a weapon; 2. When the offender is a public officer or employee; or 3. When the offender lays hand upon a person in authority ART. 149. INDIRECT ASSAULT ELEMENTS 1. A person in authority or agent is the victim of any of the forms of direct assault in the previous article. 2. A person comes to the aid of such victim 3. Offender makes use of force or intimidation upon such person. OFFENDED PARTY May be a private person. A private person who comes to the rescue of an authority or his agent enjoys the privileges of the latter. NOTE: Direct assault must have been committed first before this article can be applicable. If, while a person in authority or his agent is performing his duty and someone helps him, and then the helper is attacked by a person, without however attacking the person in authority or agent, it is not indirect assault. ART. 150. DISOBEDIENCE TO SUMMONS ISSUED BY THE CONGRESS, ITS COMMITTEES OR SUBCOMMITTEES, BY THE CONSTITUTIONAL COMMISSION, ITS COMMITTEES, SUBCOMMITTEES, OR DIVISIONS. PUNISHABLE ACTS 1. By refusing, w/o legal excuse, to obey summons issued by the Congress or any of its committees or subcommittees, Constitutional committees or by any commission or committee chairman or member authorized to summon witnesses; 2. Refusal of any person present before a legislative or constitutional body or official to: to be sworn or placed under affirmation. 3. By refusing to answer any legal inquiry; or to produce books, documents, records etc. when required to do so by the said bodies in the exercise of their functions; 4. Restraining another from attending as witness in such body; or 5. Inducing disobedience to a summons or refusal to be sworn.

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DISTINGUISHING DIRECT ASSAULT FROM RESISTANCE AND SERIOUS DISOBEDIENCE DIRECT ASSAULT RESISTANCE OR SERIOUS DISOBEDIENCE Authority/agent must be in performance of official duties or was assaulted by reason thereof Committed in 4 ways: attacking, employing force, seriously intimidating, seriously resisting Attack or employment of force must be serious and deliberate The persons in authority or his agent must be in actual performance of his duties.

ART. 151. RESISTANCE AND DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENTS OF SUCH PERSONS PUNISHABLE ACTS 1. Resistance or serious disobedience 2. Simple disobedience ELEMENTS OF RESISTANCE OR SERIOUS DISOBEDIENCE 1. Person in authority or his agent is engaged in performance of official duties 2. The offender resists or seriously disobeys 3. Acts of the offender are not included in Arts. 148-150 NOTE: There can be no resistance and serious disobedience on occasion of the performance of official duties. There always has to be an actual performance of duties when the resistance or serious disobedience is made. ELEMENTS OF SIMPLE DISOBEDIENCE 1. Agent is engaged in the performance of official duty or gives a lawful order 2. Offender disobeys such duty 3. Disobedience is not of a serious nature Note: Only agents can be the victims of simple disobedience DISOBEDIENCE The disobedience must be a failure to comply with orders directly issued by authorities to the person in the exercise of official functions. The disobedience contemplated under this article is not disobedience to a law or a failure to comply with some legal provision The word serious in this article refers only to disobedience, and not to resistance. Serious resistance is punished under Art. 148. NON-DELIBERATE ATTACK OR EMPLOYMENT OF FORCE If it is not deliberate, it is only resistance or serious disobedience. A non-deliberate attack shows a lack of intent to ignore, disregard, or defy authority. NOTE: No crime 1. When accused did not have knowledge that the person arresting him was a peace officer and he resisted. 2. When person in authority or agent exceeds his rights and duties.

Committed only by resisting or seriously disobeying a person in authority or his agent. No force is employed, or if person resisted is only agent, only slight force is used.

ART. 152. PERSONS IN AUTHORITY AND AGENTS OF PERSONS IN AUTHORITYWHO SHALL BE DEEMED AS SUCH PERSONS IN AUTHORITY Directly vested with jurisdiction, whether as an individual, or as a member of some court or governmental corporation board or commission One who has the power or authority to govern and execute laws Not every public officer is a person in authority. AGENTS Those who, by direct provision of law, or by election, or appointment by competent authority, are charged with the maintenance of public order and the protection and security of life. Any person who comes to the aid of persons in authority. TEACHERS, PROFESSORS, AND PERSONS CHARGED WITH THE SUPERVISION OF PUBLIC OR DULY RECOGNIZED PRIVATE SCHOOLS Deemed persons in authority for purposes of Arts. 148 151 Not deemed persons in authority for other purposes under the law Reason: to give teachers protection, dignity and respect while performing their duties.

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ART. 154. UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL UTTERANCES ACTS PUNISHABLE 1. 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. 2. Encouraging disobedience to the law or to the constituted authorities or by praising, justifying or extolling any act punished by law, by the same means or by words, utterances or speeches. 3. Maliciously publishing or causing to be published any official resolution or document without proper authority, or before they have been published officially. 4. Printing, publishing or distributing or (causing the same) books, pamphlets, periodicals or leaflets which do not bear the real printers name, or which are classified as anonymous. ART. 155. ALARMS AND SCANDALS 1. Discharging any firearm, rocket, firecracker, or other explosive within any town or public place, calculated to cause (which produces) alarm or danger. 2. Instigating or taking active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility. 3. Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusement. 4. Causing any disturbance or scandal in public places while intoxicated or otherwise, provided the act is not covered by Art. 153 (tumults). NOTE: 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 of firearm (Art. 254). For discharging any firearm, etc, the act must produce alarm or danger as a consequence. Using firecrackers during fiestas are not punishable under this article. ART. 156. DELIVERING A PERSON FROM JAIL ELEMENTS 1. Person is confined in jail or penal establishment 2. Offender removes such person therefrom or helps the escape of such person.

================================================

Chapter 5: Public Disorders


================================================ ART. 153. TUMULTS AND OTHER DISTURBANCES OF PUBLIC ORDER PUNISHABLE ACTS 1. Causing any serious disturbance in a public place, office, or establishment 2. Interrupting or disturbing performances, functions, or gatherings, or peaceful meetings, if the act is not included in Arts. 131 and 132 3. Making any outcry tending to incite rebellion or sedition in any meeting, association, or public place 4. Displaying placards or emblems which provoke a disturbance of public order in such place 5. Burying with pomp the body of a person who has been legally executed QUALIFYING CIRCUMSTANCE If the 1st or 2nd act is tumultuous in character, the penalty next higher in degree shall be imposed. TUMULTUOUS caused by more than 3 persons who are armed or provided with means of violence. NOTE: Serious disturbance must be planned or intended If the act of disturbing or interrupting a meeting or religious worship is committed by a private individual, or even by a public officer who is a participant in the meeting or religious worship which he disturbs or interrupts, this article is applicable. This crime may be complexed with physical injuries if, in the course of causing a disturbance, offenders injure other people.20 DISTINGUISHING INCITING TO SEDITION OR REBELLION FROM PUBLIC DISORDER INCITING TO SEDITION OR 3RD ACT PUNISHABLE REBELLION UNDER TUMULTS AND OTHER DISTURBANCES OF PUBLIC DISORDER May be done through Done only through speech speech or writing (outcry) Done with intent to induce More of an unconscious the hearers or readers to outburst which is not commit the crime of intentionally calculated to rebellion or sedition induce others to commit such crimes. The nature of the speeches in both acts are either rebellious or seditious.


20

People v. Bacolod, 89 Phil. 621 as cited in Reyes

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APPLICABILITY OF ARTICLE Applicable even if escapee is merely a detention prisoner. Applicable if escapee came from a hospital or asylum as these are considered extensions of the penal institution. POSSIBLE OFFENDERS This crime is usually committed by an outsider May be committed by an employee, provided that he does not have custody or charge of such a person, or is otherwise off duty. VIOLATION, INTIMIDATION, OR BRIBERY Not necessary elements of the offense. The offense can be committed by employing other means The offender is penalized with a higher penalty if he commits the crime using violence, intimidation, or bribery. Bribery as contemplated in this article the act of bribing someone as a means to remove prisoner from jail, not the act of accepting a bribe. LIABILITY Person delivering detainee from jail may be held liable as an accessory if the person helped has committed treason, murder, or parricide, because the person delivering assists in the escape of the principal. A prisoner who leaves cannot be held liable under this article. o If he is a prisoner by final judgement, he may be liable under Art. 157. o If he is merely a detention prisoner, he is not liable since he has no sentence to be evaded. ================================================

If the offender escaped within the 15-day appeal period, crime is not evasion because judgment is not yet final.

Chapter 6: Evasion of service of sentence


================================================ ART. 157. EVASION OF SERVICE OF SENTENCE ELEMENTS 1. That the offender is a convict by final judgment; 2. That he is serving his sentence which consists in deprivation of liberty (destierro included); and 3. That he evades the service of his sentence by escaping during the term of his sentence NOTE: This is a continuing offense. This article does not apply to minor delinquents, detention prisoners, or deportees.

CIRCUMSTANCES QUALIFYING THE OFFENSE: EVASION OF SENTENCE WAS DONE THROUGH: 1. Unlawful entry (by scaling); 2. Breaking doors, windows, gates, walls, roofs or floors; 3. Using picklocks, false keys, disguise, deceit, violence or intimidation; or 4. Connivance with other convicts or employees of the penal institution. ART. 158. EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF DISORDERS, CONFLAGRATIONS, EARTHQUAKES, OR OTHER CALAMITIES ELEMENTS 1. Offender is convict by final judgment confined in a penal institution 2. There is a disorder resulting from conflagration, earthquake, explosion, similar catastrophes, or a mutiny in which the offender did not participate. 3. The offender subsequently evades the service of his sentence by leaving the penal institution 4. Offender fails to give himself up to the authorities within 48 hours following the issuance of a proclamation by the Chief Executive announcing the passing away of such calamity. NOTE: Applicable only to convicts by final judgment. Convict must leave the penal institution. The deductions or additions to the penalty effected by this or other articles is not applicable to one who did not leave a penal institution where he is confined despite the existence of such calamities. What is punished is not the leaving of the penal institution, but the failure of the convict to give himself up. MUTINY an organized and unlawful resistance to a superior officer. o There is no mutiny if the prisoners disarmed the guards and escaped, because the guards are not their superior officers. DEDUCTIONS AND ADDITIONS 1. If an escapee surrenders himself within 48 hours after the proclamation, he is entitled to a deduction of 1/5 of his original term, as provided in Art. 98 2. If an escapee fails to surrender himself within 48 hours after the proclamation, he will be sentenced to an additional 1/5 of his remaining sentence, which in no case shall exceed 6 months.

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ART. 159. OTHER CASES OF EVASION OF SERVICE OF SENTENCE ELEMENTS 1. That the offender was a convict; 2. That he was granted a conditional pardon by the Chief Executive; and 3. That he violated any of the conditions of such pardon. 2 PENALTIES 1. Prision correccional in its minimum period if the penalty remitted does not exceed 6 years. 2. The unexpired portion of his original sentence if the penalty remitted is higher than 6 years. NOTE: Offender must have been found guilty of the subsequent offense (through w/c he violated his conditional pardon) before he can be prosecuted under this Article. But under the Revised Admin. Code, no conviction is necessary. President has the power to arrest, and reincarcerate offender without trial. ================================================

This is because Art. 160 speaks of the maximum period of the penalty prescribed by law for the new felony. Penalties prescribed by special laws have no periods, unlike felonies in the RPC. o Does not require that both crimes are embraced in the same title of the Code. Different from reiteracion, which requires that the offender first finishes serving out his sentence before committing another crime. Different from recidivism, where the first and second offense must be embraced in the same title of the Code.

Chapter 7: Commission of another crime during service of penalty imposed for another previous offense
================================================ Art. 160. COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE ELEMENTS 1. That the offender was already convicted by final judgment of one offense 2. That he committed a new felony before beginning to serve such sentence or while serving the same. QUASI-RECIDIVISM Special aggravating circumstance. The effect is to impose the maximum period applicable for the subsequent felony. Cannot be offset by ordinary mitigating circumstances, but only privileged ones, such as minority. Quasi recidivism involves two crimes. o The 1st one may be any crime, whether punished under the RPC or special laws. o The 2nd one, which is committed before serving sentence for the first one, or while serving the same, should be a felony.

PARDON When one reaches the age of 70 and he has served out his original sentence, he may be pardoned. He may also be pardoned if he finishes serving the original sentence only after he reaches 70. Reasons for not pardoning person 1. Habitual criminal 2. Or if his conduct or other circumstances shows he is not worthy of such clemency.

END OF DISCUSSION ON TOPIC 3. CRIMES AGAINST PUBLIC ORDER


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4. Crimes Against Public Interest

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TOPICS UNDER THE SYLLABUS Chapter 1: Forgeries Sec. 1 Forging the seal of the government of the Philippine Islands, the signature or stamp of the Chief Executive Sec. 2 Counterfeiting Coins Sec. 3 Forging treasury or bank notes, obligations and securities; importing and uttering false or forged notes, obligations and securities Sec. 4 Falsification of legislative, public, commercial, and private documents, and wireless, telegraph, and telephone message Sec.5 Falsification of medical certificates, certificates of merit or services and the like

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Sec.6 Manufacturing, importing and possession of instruments or implements intended for the commission of falsification R.A. 9184 Chapter 2: Other Falsities Sec. 1 Usurpation of authority, rank, title, and improper use of names, uniforms and insignia CA No. 142 Sec. 2 False testimony Chapter 3: Frauds Sec.1 Machinations, monopolies and combinations Sec. 2 Frauds in commerce and industry
================================================

preceding article, even if his act is that of an accessory to the crime of counterfeiting the great seal or forging the stamp or signature.

SECTION 2 COUNTERFEITING COINS


ART. 163. MAKING, UTTERING, AND IMPORTING FALSE COINS ELEMENTS 1. There are false or counterfeited coins 2. Offender made, imported, or uttered said coins 3. In case of uttering, offender should be in connivance with either counterfeiter of importer NOTE: A coin is counterfeit if it is forged, or if it is not authorized by the government as legal tender, regardless if it is of intrinsic value. Counterfeiting is the imitation of legal or genuine coin such as to deceive an ordinary person in believing it to be genuine. To utter is to pass counterfeited coins, deliver or give away. To import is to bring them into port. Importation is complete even before entry at the Customs House. This article also applies to Philippine coins, foreign state coins, and coins withdrawn from circulation. This does not require that the coins counterfeited be legal tender. ART. 164 MUTILATION OF COINS; IMPORTATION AND UTTERANCE OF COINS ACTS PUNISHABLE 1. Mutilating coins of legal currency with the further requirement that there be intent to damage or to defraud another. 2. Importing or uttering such mutilated coin with the further requirement that there must be connivance with the mutilator or importer in case of uttering. NOTE: Mutilation is to take off part of the metal either by filing it or substituting it for another metal of inferior quality, to diminish by ingenious means the metal in the coin. Foreign notes and coins not included under this article. Mutilation must be of Philippine legal tender. There must be intention to mutilate.

Chapter 1: Forgeries
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SECTION 1 FORGING THE SEAL OF THE GOVERNMENT OF THE PHILIPPINE ISLANDS, THE SIGNATURE OR THE STAMP OF THE CHIEF EXECUTIVE ART. 161. COUNTERFEITING THE GREAT SEAL OF THE GOVERNMENT OF THE PHILIPPINE ISLANDS, FORGING THE SIGNATURE OR STAMP OF THE CHIEF EXECUTIVE ACTS PUNISHABLE 1. Forging the Great Seal 2. Forging the signature 3. Forging the stamp NOTE: When the signature of the President is forged, it is not falsification but forging of signature of the Chief Executive under this article. ART. 162. USING FORGED SIGNATURE OR COUNTERFEIT SEAL OR STAMP ELEMENTS 1. Great seal was counterfeited or signature/stamp forged. 2. Offender knew of such counterfeiting or forgery 3. Offender uses such fake seal, stamp, or signature NOTE: The offender in this article should not be the one who did the counterfeiting or forgery, otherwise, he will be liable under the previous paragraph. Offender is punished under this article with a penalty one degree lower than that provided in the next

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NOTE: Forging is committed by giving a treasury or bank note or any instrument payable to bearer or order an appearance of a true and genuine document. Falsification is committed by erasing, substituting, counterfeiting or altering by any means the figures and letters, words, signs contained therein. Forging PNB checks is not included under this article. That is falsification of commercial document under Article 172. Obligation or security includes bonds, certificate of indebtedness, bills, national bank notes, coupons, treasury notes, certificates of deposit, checks, drafts for money, and sweepstakes money. ART. 167. COUNTERFEITING, IMPORTING, OR UTTERING INSTRUMENTS NOT PAYABLE TO BEARER ELEMENTS 1. There is an instrument payable to order or other document not payable to bearer 2. The offender forges such document or imports or utters such forged instrument. 3. In case of uttering, the offender is in connivance with the forgers or importers ART. 168. ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK NOTES AND OTHER INSTRUMENTS OF CREDIT ELEMENTS 1. Documents in the preceding articles are forged or falsified by another person 2. Offender knows them to be forged or falsified 3. He uses them or possesses them with intent to use NOTE: The act sought to be punished is knowingly possessing with intent to use any of such forged treasury or bank notes. The accused has the burden to give a satisfactory explanation of his possession of forged bills. Mere possession of false money bill, without intent to use it to the damage of another, is not a crime. A person in possession of falsified document and who makes use of the same is presumed to be material author of falsification. ART. 169. HOW FORGERY IS COMMITTED WAYS FORGERY IS COMMITTED 1. Giving any document mentioned in preceding articles the appearance of a true/genuine document

ART. 165. SELLING OF FALSE OR MUTILATED COINS WITHOUT CONNIVANCE ACTS PUNISHABLE 1. Possession with intent to utter coin counterfeited or mutilated by another. 2. Actually uttering, while knowing coins to be false or mutilated. ELEMENTS OF ACT NO. 1 1. Possession a. Covers possession in general, from actual possession to constructive possession 2. Intent to utter 3. Knowledge that the coins are forged/mutilated ELEMENTS OF ACT NO. 2 1. Actually uttering such coins 2. Knowledge that the coins are forged/mutilated. LEGAL TENDER 1. This article does not require that the coin being uttered is legal tender 2. But if the coin being uttered or possessed is a mutilated coin, it must be legal tender, because of Art. 165 Punishing possession and utterance 1. The possession or utterance punished under this article is that which is done without connivance with the original forgers, mutilators, or importers. 2. If, along with possession or utterance, one is also the author or the mutilation or forgery, he will be liable under either Arts. 164 or 165. 3. Possession and utterance must always be with the knowledge that these are forged or mutilated coins. Knowledge need not be expressed, but may be inferred from acts of the offender.

SECTION 3 FORGING TREASURY OR BANK NOTES, OBLIGATIONS AND SECURITIES; IMPORTING AND UTTERING FALSE OR FORGED NOTES, OBLIGATIONS AND SECURITIES
ART. 166. FORGING TREASURY OR BANK NOTES, OR OTHER DOCUMENTS PAYABLE TO BEARER; IMPORTING AND UTTERING SUCH FALSE OR FORGED NOTES OR DOCUMENTS ACTS PUNISHABLE 1. Forging or falsification of treasury or banking notes or other documents 2. Importation of such false or forged obligations or notes 3. Uttering such in connivance with the forgers or importers

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1ST ACT: COUNTERFEITING OR IMITATING ANY SIGNATURE, HANDWRITING OR RUBRIC 2 WAYS UNDER THIS PARAGRAPH 1. COUNTERFEITING imitating any handwriting, signature or rubric 2. FEIGNING simulating a signature, handwriting, or rubric out of one which does not exist. REQUISITES 1. Intent or attempt to imitate 2. Some resemblance between the genuine and forged handwriting, signature, or rubric INTENT 1. If there is sufficient resemblance between the genuine and the forged signatures, it can be concluded that the accused had intention to imitate signature. 2. There can be no intent to counterfeit or imitate if the person had authority to sign. RESEMBLANCE 1. Imitation need not be perfect. 2. Resemblance must be such that is likely to deceive an ordinary person dealing with the document 2ND ACT: CAUSING IT TO APPEAR THAT PERSONS HAVE PARTICIPATED IN ANY ACT OR PROCEEDING WHEN THEY IN FACT DID NOT SO PARTICIPATE. ELEMENTS 1. Offender caused it to appear in a document that a person has participated in an act or proceeding. 2. Persons did not in fact participate. NOTE: Imitation of a signature is not required in this article. If performed by a private person, as with all acts under Art. 171, Art. 172 should be applied. 3RD ACT: ATTRIBUTING TO PERSONS WHO HAVE PARTICIPATED IN AN ACT OR PROCEEDING STATEMENTS OTHER THAN THOSE IN FACT MADE BY THEM ELEMENTS 1. Persons participated in an act or proceeding 2. Persons made statements in that proceeding. 3. Offender attributed to such person or persons statements other than those in fact made.

2.

Erasing, substituting, counterfeiting, or altering what is in the document.

SECTION 4 FALSIFICATION OF LEGISLATIVE, PUBLIC, COMMERCIAL, AND PRIVATE DOCUMENTS, AND WIRELESS TELEGRAPH AND TELEPHONE MESSAGES
ART. 170. FALSIFICATION OF LEGISLATIVE DOCUMENTS ELEMENTS 1. There is a bill, resolution, or ordinance enacted, approved, or pending approval by Congress or any provincial or municipal council/board. 2. The offender alters it 3. He has no proper authority to do so 4. Alteration has changed the meaning of the document NOTE: The bill, resolution, or ordinance must be genuine. This article does not cover a fabricated or simulated legislative document. Offender can be any person, for as long as he has no authority. This article only punishes alteration which changes its meaning. Any other tampering with legislative documents is covered under Art. 171 or 172. ART. 171. FALSIFICATION BY PUBLIC OFFICER OR EMPLOYEE, OR NOTARY OR ECCLESIASTICAL MINISTER ELEMENTS 1. Offender: Public officer, employee, ecclesiastical minister, or notary public 2. Takes advantage of his official position 3. Falsifies a document by committing any of the acts mentioned in the article 4. In case offender is ecclesiastical minister falsification committed be with respect to civil status of persons. TAKES ADVANTAGE OF OFFICIAL POSITION 1. He has duty to make or prepare, or otherwise intervene in a preparation of a document 2. He has the official custody of the documents which he falsifies DOCUMENT 1. Any written statement by which a right is established or an obligation extinguished. 2. Must be complete or have the appearance of a true and genuine document 3. Must be of apparent legal efficacy 4. Pars. 6,8, and the second part of par. 7 require a genuine document, while the others do not.

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4TH ACT: MAKING UNTRUTHFUL STATEMENTS IN A NARRATION OF FACTS ELEMENTS 1. Offender makes narration of facts 2. There was a legal obligation to disclose the truth 3. Facts narrated are absolutely false 4. Wrongful intent of injuring a third person NARRATION OF FACTS 1. Must be narration of facts, not conclusions of law 2. Does not include mistakes in judgment LEGAL OBLIGATION 1. There is a law requiring the disclosure of the truth of the facts narrated 2. If the law does not require a piece of information, even if accused is lied about that info, he is not liable. 3. Legal obligation is inherent in residency certificate. ABSOLUTELY FALSE 1. Offender must be aware of falsity 2. If the statements are not altogether false, there being some colourable truth in such statements, the crime of falsification is not deemed to have been committed. WRONGFUL INTENT 1. A person is not guilty if he was not animated by desire to do wrong or to injure a third person. 2. Good faith is a defense. If offender believed what he put was true, he is not liable. OTHER NOTES 1. Even if consent for contract was obtained by violence, it does not make facts narrated in it false. 2. There can be falsification by omission. 5TH ACT: ALTERING TRUE DATES NOTE: There is falsification only when the date mentioned in the document is essential. Change of date must affect the veracity of the document or the effects/meaning thereof. 6TH ACT: MAKING ANY ALTERATION OR INTERCALATION IN A GENUINE DOCUMENT WHICH CHANGES ITS MEANING ELEMENTS 1. Alteration (change) or intercalation (insertion) on a document. 2. Made on a genuine document 3. Alteration or intercalation has changed its meaning

4. Meaning of the document is now false. CHANGES ITS MEANING 1. Change the effects which it would otherwise produce 2. Unless that happens, there could not exist an essential element or intention to commit a crime. MEANING IS NOW FALSE 1. Alteration which speaks the truth is not falsification 2. Must be alteration/intercalation which causes the instrument to speak a language different in legal effect from what it originally spoke. 7TH ACT: 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 A COPY A STATEMENT CONTRARY TO, OR DIFFERENT FROM, THAT OF THE GENUINE ORIGINAL OFFENDER 1. Committed only by a public officer or notary public who takes advantage of his official position. 2. If private individual is in conspiracy with offender, he is guilty of this crime and incurs the same liability and penalty as public officer. INTENT TO GAIN OR PREJUDICE 1. The idea of gain or intent to cause damage to a third person is not necessary. 2. It is the official character of the offender which is mainly taken into consideration. 3. Interest of the community which is intended to be guaranteed. 8TH ACT: INTERCALATING ANY INSTRUMENT OR NOTE RELATIVE TO THE ISSUANCE THEREOF IN A PROTOCOL, REGISTRY, OR OFFICIAL BOOK. NOTE: Contemplates the changing entries in records such as the local civil registry. Malicious intent not necessary ART. 172. FALSIFICATION BY PRIVATE INDIVIDUAL AND USE OF FALSIFIED DOCUMENTS ACTS PUNISHABLE 1. Falsification of public, official or commercial document by private individual. 2. Falsification of private document by any person. 3. Use of falsified document to in a judicial proceeding, or to the prejudice of another in any other proceeding.

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Commercial document a. Defined and regulated by Code of Commerce b. Promote or facilitate trade. c. Cash disbursement vouchers not included. All other writings are private.

ELEMENTS OF ACT NO.1 1. Offender: private individual or public officer not taking advantage of position. 2. Committed any act of falsification under Art. 171 a. Exception: Par.7 which by definition cannot be committed by private individual/public officer not taking advantage of position. authentication 3. Public/official/commercial document. ELEMENTS OF ACT NO.2 1. Offender committed any of the acts of falsification. 2. Private document. 3. Damage to a third party or at least intent to cause such damage. a. Need not be material b. Damage to ones honor is included c. Effect need not be to profit offender for as long as it damaged another. ELEMENTS OF ACT NO.3 (JUDICIAL PROCEEDING) 1. Offender knew document was falsified by another 2. Document is embraced in Art. 171, or nos. 1 or 2 of Art. 172 3. Introduced in evidence in judicial proceeding ELEMENTS OF ACT NO.3 (ANY OTHER PROCEEDING) 1. Offender knew document was falsified by another 2. Embraces in Art. 171, or nos. 1 or 2 of Art. 172 3. Used such document (not in judicial proceeding) 4. Use caused damage to another or it was used with intent to cause such damage. DAMAGE OR INTENT TO DAMAGE A THIRD PARTY 1. Only necessary when falsifying private documents, or using any falsified document in proceedings other than judicial proceedings. 2. Not necessary when falsifying a public, official, or commercial document. 3. Also not necessary when documents are used in judicial proceedings. 4 KINDS OF DOCUMENTS 1. Public document a. Issued by public official in response to the exigencies of public service. b. Public official intervened in execution. c. Authorized by a notary public or a competent public official with required solemnities. 2. Official document a. Issued by a public official in the exercise of the functions of his office. b. All pleadings filed with the court are public or official documents.

3.

4. PRIVATE DOCUMENTS CONSIDERED PUBLIC 1. Deed which was privately falsified, but then presented to the notary public by the falsifier for acknowledgment. 2. If private document becomes part of an official record and is certified by a public officer duly authorized by law. PRESUMPTIONS 1. Possessor and utterer of a falsified document is presumed to be the author of the falsification. 2. Especially if accused has sufficient and strong motive. a. The fact that petitioner benefitted and even profited from the falsified notarized Release of Real Estate Mortgage are strong indications that she participated in the falsification of the same document. 21 COMPLEXED WITH ESTAFA 1. There is a complex crime of falsification of a public, official, or commercial document, with estafa. 2. There is no such complex crime if what is involved is a private document. a. Reason: To be punishable, falsified private documents need to be accompanied by damage, or intent to damage a third person. What would be damage from an act constituting estafa actually merely consummates the crime of falsification of a private document. b. Distinguish from a public document which needs no damage to a third party to be punishable. Any damage resulting from such use of the document could be attributed to a separate crime such as estafa, because damage is not an element of falsification of a public document. DISTINGUISHING PRIVATE FROM PUBLIC DOCUMENT PRIVATE PUBLIC/OFFICIAL Prejudice to a third party is primarily taken into account Principal thing punished is the violation of public faith and the preservation of truth which the document solemnly proclaims Immaterial whether or not some prejudice has been caused to third persons.

If such damage is not apparent, or there is at least not intention to cause


21


Nierva v. People, G.R. No. 153133 (2006)

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it, the falsification is not punishable NOTE: Falsification is consummated the moment the genuine document is altered or the moment the false document is executed. There may be a frustrated stage if falsification is imperfect. Usage, which is not an element of falsification, is punished separately from actual falsification. o It cannot be deemed necessarily included in the crime of falsification of a public document by a public officer or employee or by a private person. o May be a lesser offense. ART. 173. FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH, AND TELEPHONE MESSAGES, AND USE OF FALSIFIED MESSAGES ACTS PUNISHABLE 1. Uttering fictitious messages 2. Falsifying messages 3. Using falsified messages ELEMENTS OF ACT NO.1 AND NO.2 1. Offender is an officer or employee of Government, or of private corporation engaged in service of sending or receiving wireless, cable, or telephone messages 2. The offender either a. Utters a fictitious message b. Falsifies a message ELEMENTS OF ACT NO.3 1. Accused knew messages were falsified 2. Accused used such falsified dispatch 3. Resulted in prejudice of third party, or there was intent to prejudice. PRIVATE INDIVIDUAL 1. Cannot commit the first two acts by direct participation unless he is an employee of a corporation engaged in telecommunications services. 2. Can be held guilty as a principal by inducement, if he induced such public or government employee to perform punishable acts. 3. Connection with telecommunications network is not necessary to commit third act. Any person can be held liable for the use of falsified dispatch.

SECTION 5 FALSIFICATION OF MEDICAL CERTIFICATES, CERTIFICATES OF MERIT, SERVICE, AND THE LIKE ART. 174 FALSE MEDICAL CERTIFICATE, FALSE CERTIFICATES OF MERIT OR SERVICE, ETC. PERSONS LIABLE 1. Physician or surgeon, for falsifying a medical certificate 2. Public officer, for falsifying a certificate of merit, service, good conduct, or other similar circumstances. 3. Private individual, for falsifying any of the documents mentioned in the first two acts. SIMILAR CIRCUMSTANCES 1. Similar to merit, service, or good conduct. 2. Thus, certificates pertaining to ownership of property are not included. ART. 175 USING OF FALSE CERTIFICATES ELEMENTS 1. Crime in Art. 174 has been committed by another person 2. Offender knew of the falsified nature of the certificate 3. Offender used such false certificate SCOPE 1. This article only applies to use of those falsified documents covered by Art. 174. 2. This article applies, even if the falsified documents were used in a judicial proceeding. SECTION 6 MANUFACTURING, IMPORTING, AND POSSESSION OF INSTRUMENTS OR IMPLEMENTS ART. 176 MANUFACTURING AND POSSESSION OF INSTRUMENTS OR IMPLEMENTS FOR FALSIFICATION ACTS PUNISHABLE 1. Making or introducing into the country, implements and instruments for counterfeiting/falsification 2. Possessing items made or imported by another person, with intent to use the same. a. Includes constructive possession b. Either actual ownership or mere control IMPLEMENTS CONFISCATED 1. Not necessary that they form a complete set for counterfeiting 2. Enough that they may be employed by themselves or together with other implements to commit the crime of counterfeiting or falsification

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R.A. 9184: THE GOVERNMENT PROCUREMENT ACT (THE NEW PUBLIC BIDDING LAW)


PUNISHABLE ACTS 1. Those committed by public officers a. Open any sealed Bid 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. b. Delaying without justifiable cause any of the following beyond the prescribed periods: i. Screening for eligibility ii. Opening for bids iii. Evaluation and post evaluation for bids iv. Awarding of contracts c. 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. d. Splitting of contracts which exceed procedural purchase limits and cooperative bidding e. Abusing exercise of power to reject any and all bids, with manifest preference to any bidder who is closely related to him. f. Note: if any of the foregoing acts are done in collusion with private individuals, the private individuals shall be likewise liable for the offense. Such private individual shall be permanently disqualified from transacting business with the government. 2. Those committed by private individuals i. Accompanied by permanent disqualification from transacting business with the government and temporary to perpetual disqualification from public office 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. ii. When a bidder maliciously submits different Bids through two or more persons, corporations, partnerships or any other business entity in which he has interest, to create the appearance of competition that does not in fact exist so as to be adjudged as the winning bidder. iii. 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.

iv. 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. b. Other acts i. 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. ii. 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. iii. 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. iv. 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 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. 3. 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. JURISDICTION Jurisdiction over the offenses defined under this Article shall belong to the appropriate courts, according to laws existing at the time of the commission of the offenses.

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2.

Purpose is to conceal identity FICTITIOUS NAME CONCEALING TRUE NAME Publicity element not necessary Only 1 purpose: conceal true identity

Chapter 2: Other falsities


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SECTION 1 USURPATION OF AUTHORITY, RANK, TITLE, AND IMPROPER USE OF NAMES, UNIFORMS, AND INSIGNIA ART. 177. USURPATION OF AUTHORITY AND OFFICIAL FUNCTIONS ACTS PUNISHABLE 1. Usurpation of authority knowingly and falsely representing oneself to be an officer, etc. a. Mere act of knowingly and falsely representing oneself to be an officer etc. is sufficient. b. It is not necessary that he performs an act pertaining to a public officer 2. Usurpation of official functions doing any act pertaining to any public officer, etc. without being authorized to do so. a. Essential that offender should have performed act pertaining to public officer REPRESENTATION 1. Must be positive, express, and explicit 2. Must represent officers named in article, and not just any authority figure 3. Representation may be shown in acts, and not just words. OFFENDERS 1. This article may be violated by both private and public officers. ART. 178. USING FICTITIOUS NAME AND CONCEALING TRUE NAME PUNISHABLE ACTS 1. Using fictitious name 2. Concealing true name and other personal circumstances ELEMENTS OF ACT NO.1 1. Offender uses a fictitious name 2. Such name is used publicly 3. Purpose is a. Conceal a crime b. Evade execution of judgment c. Causes damage to public interest ELEMENTS OF ACT NO.2 1. Offender conceals true name and other personal circumstances

Element of publicity must be present 3 possible purposes

C.A. 142 AS AMENDED BY R.A. 6085: THE ANTI ALIAS LAW


PROHIBITED ACTS 1. Using a name different from that which he was registered at birth in the official local civil registry 2. Using a name different from that which he registered with the bureau of immigration upon entry into the country 3. Using a name which was not authorized by a competent court as a substitute name EXCEPTIONS 1. Literary purposes 2. Cinema, television, radio, and other entertainment purposes 3. Athletic events NOTES ON THE LAW 1. Judicial authority must be first secured by a person who desires to use an alias. 2. However, a common-law wife does not incur criminal liability under the Anti-Alias Law if she uses the surname of the man she has been living w/ for the past 20 years and has been introducing herself to the public as his wife.

ART. 179. ILLEGAL USE OF UNIFORMS OR INSIGNIA ELEMENTS 1. Offender uses an insignia, uniform, or dress 2. Such pertains to an office not held by offender or a class of persons of which he is not a member 3. Used publicly and improperly INSIGNIA, UNIFORM, OR DRESS 1. Genuine insignia, uniform, or dress is not necessary. Offender can wear an imitation and still be liable. 2. An exact imitation is not necessary, for as long as there is a colourable resemblance calculated to deceive the general public.

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NOTE: Testimony by negative statement is still in favor of the defendant. False testimony in favor of defendant need not directly influence the decision of acquittal nor benefit the defendant. The intent to favor defendant is sufficient. A statement of mere opinion is not punishable. Conviction or acquittal is not necessary (final judgment is not necessary), but gravity of crime in principal case should be shown. Defendant who falsely testified in his own behalf in criminal case is guilty of false testimony favourable to the defendant Rectification made spontaneously after realizing mistake is not false testimony. The penalty in this article is less than that which is provided in the preceding article because there is no danger to life or liberty of the defendant ART. 183. FALSE TESTIMONY IN OTHER CASES AND PERJURY IN SOLEMN AFFIRMATION ACTS PUNISHABLE 1. False testimony under oath in a proceeding other than judicial 2. False affidavit ELEMENTS 1. Statement under oath or affidavit upon material matter 2. Made before a competent officer authorized administer such oath. 3. Wilful and deliberate assertion of a falsehood a. Perjury cannot be wilful where the oath is according to belief or conviction as to its truth22 b. It must appear that the accused knows his statement to be false or is consciously ignorant of its truth23 4. That the information given is required by law. COMPETENT OFFICER 1. Person who has a right to inquire into the questions presented to him under his jurisdiction 2. No perjury if not competent authority REQUIRED BY LAW 1. There is a law requiring it OR 2. The statement or document is made for legal purposes. 3. It is sufficient that the oath had been administered with a view of carrying into effect a legal purpose.

3.

Must pertain to an actual officer or class of persons. The person is not liable if the insignia, uniform, or dress pertains to an imaginary office or class.

ART. 180. FALSE TESTIMONY AGAINST A DEFENDANT ELEMENTS 1. That there be a criminal proceeding; 2. Offender testifies falsely under oath against the defendant therein; 3. Offender knows that it is false; and 4. The defendant against whom the false testimony is given is either acquitted or convicted in a final judgment. FALSE TESTIMONY - committed by a person who, being under oath and required to testify as to the truth of a certain matter at a hearing before a competent authority, shall deny the truth or say something contrary to it NOTE: Violation of this article requires criminal intent. Hence, it cannot be committed through negligence. The offender need not impute guilt upon the accused to be liable. 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. Penalty depends upon sentence imposed on the defendant except in the case of a judgment of acquittal. Since Art. 180 does not prescribe the penalty where the defendant in a criminal case is sentenced to a light penalty, false testimony in case of a light penalty cannot be punished, considering that a penal law must always be strictly construed. ART. 181. FALSE TESTIMONY FAVOURABLE TO THE DEFENDANT ELEMENTS 1. That the testimony must be given in a civil case; 2. That the testimony must relate to the issues presented in said case; 3. That the testimony must be false; 4. That the false testimony must be given by the defendant knowing the same to be false; and 5. That the testimony must be malicious and given with an intent to affect the issues presented in the said case.

SECTION 2 FALSE TESTIMONY


22 23

JUDGE PIMENTEL NOTES, p.76 Monfort III., et. al., v. Salvatierra, G.R. No. 168301(2007)

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DEFINITIONS 1. OATH any form of attestation manifesting a commitment to perform an act faithfully and truthfully 2. AFFIDAVIT a sworn statement in writing made before an authorized officer 3. MATERIAL MATTER the main fact; the subject of inquiry or circumstances which tends to prove the fact a. Legitimately affects the credit of any witness who testifies b. Strengthens or corroborates testimonies MATERIALITY 1. There must be competent proof of the materiality of the false testimony 2. Matter must not simply be pertinent, that is, relating to collateral matters which make more or less probable the proposition at issue. 3. It must be material, that is, directly proving or disproving a fact at issue. 4. No perjury if false imputations in testimony or affidavit were not on material matter. SUBORNATION OF PERJURY 1. Knowingly and wilfully procuring another to swear falsely 2. Not expressly punished in the revised penal code, but offender may be liable as a principal by inducement. ART. 184. OFFERING FALSE TESTIMONY IN EVIDENCE ELEMENTS 1. Offered in evidence false witness or testimony 2. Offender knew of falsity 3. During judicial or official proceedings NOTE: This article applies when the offender, without inducing another but knowing him to be a false witness, presented him and the latter testified falsely in a judicial or official proceeding. The felony is consummated the moment a false witness is offered in any judicial or official proceeding. Looking for a false witness is not punished by law as that is not offering a false witness. The false witness need not be convicted of false testimony. A mere offer to present him is sufficient.

Chapter 3: Frauds
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SECTION 1. MACHINATIONS, MONOPOLIES, AND COMBINATIONS


ART. 185. MACHINATIONS IN PUBLIC AUCTIONS ACTS PUNISHABLE 1. Soliciting gift to refrain from taking part in publication 2. Attempting to cause bidders to stay away from an auction ELEMENTS OF ACT NO.1 1. Public auction 2. Accused solicited gifts/promise of gifts 3. In consideration of refraining from taking part in the auction 4. Intent is to cause reduction of the price of the thing auctioned. ELEMENTS OF ACT NO.2 1. Public auction 2. Offender: attempted to cause the bidders to stay away 3. Means: threats, gifts, promises or any other artifice 4. Intent: reduction of price of thing auctioned ACTS ARE FORMAL CRIMES 1. It is not required that the person making proposal actually refrains from taking part in any publication. The crime is committed by mere solicitation. 2. It is not required that the person accept the offer or gift. The crime is consummated by mere offering of the gift or promise in consideration of refraining to take part. (ART. 186, 188, 189, SUPERSEDED BY THE INTELLECTUAL PROPERTY CODE)

SECTION 2. FRAUDS
ART. 187. IMPORTATION AND DISPOSITION OF FALSELY MARKED ARTICLES OR MERCHANDISE MADE OF GOLD, SILVER, OR OTHER PRECIOUS METALS OR ALLOYS ARTICLES OF MERCHANDISE INVOLVED 1. Gold 2. Silver 3. Precious metals 4. Alloys

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Elements 1. Offender imports, sells, or disposes item 2. Stamps, brands, or marks fail to indicate the actual fineness or quality 3. Offender knows of such failure to indicate SELLING, DISPOSING, AND IMPORTING 1. It is not necessary that such items are actually sold and public actually deceived, before one can be liable under this article 2. If one is charged with importation, there must be proof that item was in fact imported. OFFENDER 1. Those who import, sell, or dispose items. 2. This article is not applicable to the manufacturer of articles of gold, silver, etc. He is liable for estafa.

3.

END OF DISCUSSION ON TOPIC 4. CRIMES AGAINST PUBLIC INTERESTS

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5. Crime Relative to Opium and Other Prohibited Drugs

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TOPIC UNDER SYLLABUS The Comprehensive Dangerous Drug Act of 2002
================================================ NOTE: The Dangerous Drug Act of 2002 repealed the articles under Title Five of the revised penal code. Crimes relative to prohibited drugs are now covered by R.A. 9165. ACTS PUNISHABLE 1. Importation of dangerous drugs or controlled precursors and essential chemicals. a. Regardless of quantity or purity involved. b. Circumstances which warrant maximum penalty i. Importing such items through the use of a diplomatic passport, diplomatic facilities, or any other means involving an offenders official status intended to facilitate unlawful entry. ii. Organizer, manager, or financier. 2. Sale, trading, administration, dispensation, delivery, distribution and transportation of dangerous drugs or controlled precursors. a. Circumstances which warrant maximum penalty i. Offense transpiring within 100 meters from school

4.

ii. Using minors or mentally incapacitated persons as runners, couriers, and messengers. iii. Victim of the offense is a minor or mentally incapacitated person. iv. Dangerous drug or controlled precursor or essential chemical be the proximate death of a victim. v. Organizer, manager, financier Maintenance of a den, dive, or resort where any dangerous drug or controlled precursor and essential chemical are used or sold. a. OPIUM DIVE OR RESORT: place where dangerous drug and/or controlled precursor and essential chemical is administered, delivered, stored for illegal purposes, distributed, sold or used in any form b. Circumstances which warrant maximum penalty i. Drug is administered, delivered, or sold to a minor who is allowed to use the same ii. Organizer, manager, or financier c. Circumstance raising penalty to death and fine of Php 1 15 million. i. When dangerous drug is proximate cause of death of a person using the same in such den, dive, or resort ii. Imposed on maintainer/owner or operator of such place. d. If den, dive, or res ort is owned by a 3rd person, the same shall be confiscated in favor of the government i. Must allege that place was intentionally used in the furtherance of the crime ii. Prosecution must prove such intent. iii. Owner must be included as an accused in the criminal complaint e. Other persons liable in relation to dens, dives, or resorts i. Any employee who is aware of the nature of such place ii. Any person who is aware of the nature of the place and shall knowingly visit the same. Being employees or visitors of drug den a. Persons liable: i. Any employee of a den, dive or resort who is aware of the nature of the place as such ii. Any person not being included in number 1, who is aware of the nature of the place as such and shall knowingly visit the same. b. A person who visited another who was smoking opium shall not be liable if the place is not an opium dive or resort

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NOTE: What is punished is present possession, not past possession It is not necessary to allege in information that accused is not authorized to possess opium 9. Possession of equipment, instrument, apparatus, and other paraphernalia for dangerous drugs a. In case of medical practitioners or other professionals, he/she must be following the implementing guidelines issued by the Dangerous Drugs Board. b. Possession is prima facie evidence that the possessor has smoked, consumed, administered to himself/herself, injected, ingested, or used a dangerous drug. c. Qualifying circumstance: Party, social gathering, or in the proximate company of at least 2 persons. 10. Use of Dangerous Drugs a. If person who has tested positive is also found in possession of dangerous drugs, he should be prosecuted under possession. 1st conviction minimum of 6 mos. of rehabilitation 2nd conviction imprisonment and fine b. Where the accused is also found to be in possession of dangerous drugs, this Section shall not apply. Sec. 11, possession of dangerous drugs, shall apply. Hence, USE is subsumed by POSSESSION. Ex. If the offender is caught with possession of paraphernalia, possession of dangerous drugs and use of dangerous drugs, the offense is POSSESSION of dangerous drugs. 11. Cultivation or Culture of plants classified as dangerous drugs or are sources thereof a. In case of medical laboratories, maintainers and other professionals must strictly follow the guidelines for the proper cultivation, culture, handling, experimentation, and disposal of such plants. b. Land or greenhouses used shall be confiscated in favor of the State, unless the owner proves lack of knowledge of such cultivation or culture despite the exercise of due diligence. c. Maximum penalty is applied if land used was of the public domain, or if one acted as an organizer, manager, or financier.

5. Manufacture of dangerous drugs, and/or controlled precursors and essential chemicals. a. Presence of any controlled precursor/essential chemical or laboratory equipment in a clandestine laboratory is prima facie proof of manufacture of any dangerous drug. b. Aggravating circumstance: if clandestine laboratory i. Involved participation or presence of minors ii. Was located within 100 meters of residential, business, church, or school premises iii. Was secured with booby traps iv. Was concealed with legitimate business operations v. Employed practitioner, chemical engineer, public official, or foreigner. c. Qualifying circumstance: Organizes, manages or acts as financier d. The protector or coddler is also liable. 6. Illegal chemical diversion of controlled precursors and essential chemicals a. Diverting controlled precursors and essential chemicals designated for a legal purpose towards the manufacture of illegal drugs. 7. Manufacture or delivery of equipment, instrument, apparatus, or other paraphernalia for dangerous drugs and/or controlled precursors and essential chemicals a. Acts punishable: delivery, possession with intent to deliver, or manufacture with intent to deliver b. Knowing, or under circumstances where one reasonably should know that it will be used relative to dangerous drugs or controlled precursor/essential chemicals. c. Maximum penalty if minor or mentally incapacitated person was used to deliver such equipment. 8. Possession of Dangerous Drugs a. Possession in the following quantities, regardless of purity i. 10 grams or more: opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana resin oil, or other dangerous drugs. ii. 50 grams or more if shabu iii. 500 grams or more of marijuana b. If possession is less than the quantities above, penalty is lowered. ELEMENTS OF POSSESSION OF OPIUM 1. Occupancy or taking 2. Intent to possess

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12. Failure to maintain or keep original records of transactions on Dangerous Drugs and/or controlled precursors and essential chemicals. 13. Unnecessary prescription of dangerous drugs. a. Applicable to physicians or other medical practitioners authorized to prescribe medicine. b. Prescription is unnecessary when physical or physiological condition does not require the dosage prescribed. 14. Unlawful prescription of dangerous drugs a. Applicable to anyone who makes or issues a prescription when he or she is not authorized by law to do so. b. Whether person for whom eth prescription was made actually needed the drug is irrelevant. ATTEMPTS OF THE FOLLOWING SHALL BE PUNISHED BY THE SAME PENALTY IMPOSED FOR THE CONSUMMATED FELONY 1. Importation of any dangerous drug or controlled precursor and essential chemical 2. Sale, trading, administration, dispensation, delivery, distribution and transportation of any dangerous drug and/or controlled precursor and essential chemical 3. Maintenance of a den, dive, or resort where any dangerous drug is used in any form 4. Manufacture of any dangerous drug and/or controlled precursor and essential chemical 5. Cultivation or culture of plants which are sources of dangerous drugs. PRESCRIPTION 1. The period of prescription for the offense charged against a drug dependent under the compulsory submission program shall not run during the time that the drug dependent is under confinement in a Center or otherwise under the treatment and rehabilitation program approved by the board. CONDITIONS FOR EXEMPTION FROM CRIMINAL LIABILITY UNDER THE VOLUNTARY SUBMISSION PROGRAM 1. He/she has complied with the rules and regulations of the rehabilitation center, including the rules of the after-care and follow-up program 2. He/she has never been charged or convicted of any offense punishable under the Dangerous Drug Act, the RPC, or other special penal laws. 3. He/she has no record of escape from a center, or in the event of an escape, he surrendered himself/herself within a week.

4. 5.

He/she poses no serious danger to himself/herself, his/her family or the community by his/her exemption from criminal liability. Other persons liable: a. Public officer or employee who misappropriates, misapplies or fails to account for confiscated, seized, or surrendered dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals, instruments/paraphernalia and/or laboratory equipment including the proceeds or properties obtained from the unlawful acts. b. Any elective local or national official who have benefited from the proceeds of trafficking of dangerous drugs or have received any financial/material contributions or donations from natural or juridical persons guilty of drug trafficking. c. If the violation of the Act is committed by a partnership, corporation, association or any judicial person, the partner, president, director, or manager who consents to or knowingly tolerates such violation shall be held criminally liable as co- principal. d. Any person who is found guilty of planting any dangerous drugs and/or controlled precursor and essential chemicals, regardless of quantity or purity (penalty of death). e. Any person violating a regulation issued by the Dangerous Drugs Board f. Any person authorized to conduct drug test who issues false or fraudulent drug test results knowingly, wilfully or through gross negligence. g. Any government officer tasked with the prosecution of drug-related cases under this Act who delays or bungles the prosecution.

NOTE: All school heads, supervisors and teachers shall be deemed to be persons in authority and, as such, are vested with the power to apprehend, arrest, or cause the apprehension or arrest of any person who shall violate any of the said provision. They shall be considered as persons in authority if they are in the school or within its immediate vicinity, or beyond such immediate vicinity if they are in attendance in any school or class function in their official capacity as school heads, supervisors or teachers. Any teacher or school employee who discovers or finds that any person in the school or within its immediate vicinity is violating this Act shall have the duty to report the violation to the school head or supervisor who

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shall, in turn, report the matter to the proper authorities. Failure to report in either case shall, after hearing, constitute sufficient cause for disciplinary action by the school authorities. (Sec. 44)

END OF DISCUSSION ON TOPIC 5. CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS

CRIMINAL LAW REVIEWER Page 43 of 129

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6. Crimes Against Public Morals

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P.D. 1602. PRESCRIBING STIFFER PENALTIES IN ILLEGAL GAMBLING
(Repealed Art. 195-199 RPC, PD 483 Betting Law, and PD 449 Cockfighting Law insofar as they are inconsistent with it).

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TOPICS UNDER THE SYLLABUS: Chapter 1: Gambling and Betting PD 1602 RA 9287 PD 483

PD 449 Chapter 2: Offenses Against Decency and Good Customs PD 1563


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PENALTY Prision correccional, 1. medium or fine ranging from P1,000 to P6,000 In case of recidivism: Prision mayor, medium or fine ranging from P5,000 to P10,000 ACTS PUNISHABLE Any person who shall directly or indirectly takes part in any illegal or unauthorized activities or games of: a. Cockfighting, jueteng, jai-alai or horse racing to include bookie operations and game fixing, numbers, bingo and other forms of lotteries b. Cara y cruz, pompiang and the like c. 7-11 and any game using dice d. Black jack, lucky nine, poker and its derivatives, monte, baccarat, cuajo, pangguigue and other card games e. Pak que, high and low, mahjong, domino and other games using plastic tiles and the like f. Slot machines, roulette, pinball and other mechanical contraptions and devices g. Dog racing, boat racing, car racing and other forms of races h. Basketball, boxing, volleyball, bowling, pingpong and other forms of individual or team contests to include game fixing, point shaving and other machinations i. Banking or percentage game, or any other game or scheme, whether upon chance or skill, wherein wagers consisting of money, articles of value or representative of value are at stake or made 2. Any person who knowingly permits any form of gambling in an inhabited or uninhabited place or in any building, vessel or other means of transportation owned or controlled by him Prision correccional 1. Any person who shall knowingly permit gambling in a place with reputation of a gambling place, maximum, fine of or that prohibited gambling is frequently carried on therein, or in a public or government P6,000 building or barangay hall 2. Maintainer or conductor of above gambling schemes Prison mayor, medium, with temporary absolute disqualification or fine of P6,000 Prision correccional medium or fine P400 to P2,000 Temporary absolute disqualification Prision correccional maximum or fine P500 to P2000 If maintainer, conductor, banker of gambling schemes; player, promoter, referee, umpire, judge or coach in case of game fixing, point shaving and machination is a government official

Any person who knowingly and without lawful purpose possess lottery list, paper or other matter containing letters, figures, signs or symbols pertaining to or in any manner used in the games of jueteng, jai-alai or horse racing bookies, and similar games of lotteries and numbers which have taken place or about to take place Barangay official who with knowledge of existence of gambling house/place in his jurisdiction fails to abate or take action Security officer, watchman, private or house detective of hotels, villages, buildings, enclosures and the like which have reputation of gambling place or where gambling activities are being held

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================================================ Chapter 1: Gambling and Betting ================================================ GAMBLING any game or scheme, whether upon chance or skill wherein wagers consisting of money, articles or value or representative of value are at stake or made MAINTAINER person who sets up and furnishes the means with which to carry on the gambling game or scheme CONDUCTOR person who manages or carries on the gambling game or scheme NOTE: 1. In PD 1602, playing for money is not a necessary element to the game for one to commit a crime. When the law names the games, punishing any person who takes part therein, its purpose is to prohibit absolutely those games. 2. A mere bystander or spectator is not criminally liable because he does not directly or indirectly take part. 3. A game or scheme is punishable even if winning depends upon skill as long as wagers (consisting of money, articles of value or representative of value) are at stake or made. 4. Proof that game took place or is about to take place is not necessary; burden of evidence is shifted to accused to show that his possession is lawful or is not connected with jueteng game; but proof to the contrary by prosecution is necessary when jueteng lists pertain to games played on dates other than the date of the raid. 5. PD 519 has outlawed pinball and slot machines and other similar devices and nullified all permits and/or licenses to operate the same. ELEMENTS KNOWINGLY PERMITTING GAMBLING TO BE CARRIED ON IN A PLACE OWNED OR CONTROLLED BY THE OFFENDER: 1. That a gambling game was carried on in an inhabited or uninhabited place or in any building, vessel or other means of transportation. 2. That the place, building, vessel or other means of transportation is owned or controlled by the offender. 3. That the offender permitted the carrying on of such game, knowing that it is a gambling game. LOTTERY Scheme for the distribution of prizes by chance among persons who have paid, or agreed to pay a valuable consideration for the chance to obtain a prize. ELEMENTS LOTTERY: 1. Consideration 2. Chance

3.

Prize/advantage/inequality in amount or value which is in the nature of prize NOTE: In a criminal case (Olsen)24, there is no lottery where a person gets the full value for his money, and the winning of price is merely incidental. But in a civil case (El Debate)25, if the inducement to win prize is the reason for the purchase then even if full value for money is received, it is still lottery. ILLEGAL NUMBER GAMES any form of illegal gambling activity which uses numbers or combinations thereof as factors in giving out jackpots/prizes/returns. It includes games such as jueteng and masiao. NOTE: R.A. 9287 increased penalties for illegal number games, amending certain provisions of PD 1602.

R.A. 9287 ACT INCREASING THE PENALTIES FOR ILLEGAL NUMBERS GAMES PENALTY: PARTICIPATION IMPRISONMENT Acts as Bettor 30 90 days Acts as personnel or staff Allows his vehicle, house, 6 yrs and 1 day 8 yrs building or land to be used in such operation Acts as collector or agent 8 yrs and 1 day 10 yrs Acts as coordinator, 10 yrs and 1 day 12 yrs controller or supervisor Acts as maintainer, 12 yrs and 1 day 14 yrs manager or operator Acts as financier or 14 yrs and 1 day 16 yrs capitalist Acts as financier or coddler 16 yrs and 1 day 18 yrs GOVERNMENT OFFICIAL PENALTY AND/OR EMPLOYEE If collector, agent; 1. 12 yrs and 1 day 20 coordinator, controller, yrs supervisor; maintainer, 2. Fine: P 3M P5M manager, operator, 3. Perpetual and absolute financier or capitalist disqualification from public office Local Government Official: Perpetual and absolute Having knowledge of disqualification from public existence of the operation office within his jurisdiction but fails to abate or take action, or tolerates the same


24 25

US v. Olsen 36 Phil. 395 El Debate v. Topacio 44 Phil. 280

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ART. 198. ILLEGAL BETTING ON HORSE RACES ACTS PUNISHED: (DURING PERIODS NOT ALLOWED BY LAW) 1. By betting on horse races 2. By maintaining or employing a totalizer or other device or scheme for betting on races or realizing profit therefrom. TOTALIZER machine for registering and indicating the number and nature of bets made on horse races. NOTE: The penalty is higher for a person who employs a totalizer or other device. Horse races are not allowed on: (a) June 12th of each year, (b) Dec 30th of each year, (c) Any registration or voting days and (d) Holy Thursday and Good Friday. The race held on the same day and at the same place is punishable as a separate offense. No liability if there is no betting or use of totalizer.

Law Enforcer: Fails to Administrative Penalty: apprehend perpetrators Suspension or Dismissal ART. 196. IMPORTATION, SALE AND POSSESSION OF LOTTERY TICKETS OR ADVERTISEMENTS ACTS PUNISHABLE: 1. By importing into the Philippines from any foreign place or port any lottery ticket or advertisement. 2. By selling or distributing the same in connivance with the importer. 3. By possessing, knowingly and with intent to use, lottery tickets or advertisements. 4. By selling or distributing the same without connivance with the importer. NOTES: The possession of any lottery ticket or advertisement is prima facie evidence of intent to sell, distribute or use the same. The lottery tickets need not be genuine, as long as they have the appearance thereof.

P.D. No. 483 BETTING, GAME-FIXING OR POINT-SHAVING AND MACHINATIONS IN SPORT CONTESTS
BETTING betting money or any object or article of value or representative of value upon the result of any game, races and other sports contests GAME-FIXING any arrangement, combination, scheme or agreement by which the result of any game, races or sports contests shall be predicted and/or knows other than on the basis of the honest playing skill or ability of the players or participants POINT-SHAVING any such arrangement, combination, scheme or agreement by which the skill of ability of any player or participant in a game, races or sports contests to make points or scores shall be limited deliberately in order to influence the result thereof in favor of one or the other team, player or participant therein GAME MACHINATION any other fraudulent, deceitful, unfair or dishonest means, method, manner or practice employed for the purpose of influencing the result of any game, races or sports contests
(Repealed Art. 197)

P.D. 449 COCKFIGHTING LAW of 1974 (Repealed Art. 199) HOLDING OF COCKFIGHTS Cockfighting shall be allowed only in licensed cockpits during: 1. Sundays 2. Legal Holidays 3. During local fiestas for not more than 3 days 4. Provincial, city or municipal agriculture, commercial or industrial fair, carnival or exposition for a similar period of three days upon resolution, subject to approval of Chief of Constabulary or his authorized representativenot allowed within month of local fiesta of for more than two occasions a year in same city or municipality 5. EXCEPT: December 30, June 12, November 30, Holy Thursday, Good Friday, Election or Referendum Day and during Registration Days for such election or referendum COCKFIGHTING FOR ENTERTAINMENT OF TOURISTS OR FOR CHARITABLE PURPOSES: Chief of Constabulary or his authorized representative may also allow the holding of cockfighting for: 1. Entertainment of foreign dignitaries 2. Tourists 3. Balikbayan 4. For support of national fund-raising campaigns for charitable purposes as may be authorized by the Office of the President, upon resolution of a provincial board, city or municipal council

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ART. 201. IMMORAL DOCTRINES, OBSCENE PUBLICATIONS AND EXHIBITIONS AND INDECENT SHOWS PERSONS LIABLE: 1. Those who publicly expound or proclaim doctrines openly contrary to public morals. 2. Authors of obscene literature, published with their knowledge in any form. 3. Editors publishing such obscene literature. 4. Owners or operators of establishments selling obscene literature. 5. Those who exhibit indecent or immoral plays, scenes, acts or shows in theaters, fairs, cinemas or any other place. 6. Those who sell, distribute, or exhibit prints, engraving, sculptures or literature, which are offensive to morals. OBSCENE LITERATURE OR IMMORAL OR INDECENT PLAYS, SCENES OR ACTS: 1. Those w/c glorify criminals or condone crimes; 2. Those w/c serve no other purpose but to satisfy the market for violence, lust or pornography; 3. Those w/c offend against any race or religion; 4. Those w/c tend to abet the traffic and the use of prohibited drugs; and 5. Those that are contrary to law, public order, morals, good customs, established policies, lawful orders, decrees and edicts. TEST OF OBSCENITY: Whether the tendency of the matter has a tendency to deprave or corrupt those whose minds are open to such immoral influences. A matter can also be considered obscene if it shocks the ordinary and common sense of men as indecency.26 OBSCENE something offensive to chastity, decency or delicacy NOTE: Publicity is an essential element. Mere nudity in paintings and pictures is not obscene. Pictures w/ slight degree of obscenity having no artistic value and being intended for commercial purposes fall within this article. The author of obscene literature is liable only when it is published with his knowledge. And in every case, the editor publishing it, is liable. The purpose of the law in punishing obscene publications and exhibitions is to protect the morals of the public.

1. 2. 3.

NOTE: Permitting gambling of any kind in cockpit is punished under the same Decree (Owner, manger or lessee of cockpit that permits gambling shall be criminally liable) Spectators in cockfight are not liable unless he participates as bettor. Betting in Horse Races is allowed during periods provided by law but betting in cockfights is prohibited at all times.

================================================

Chapter 2: Offenses Against Decency and Good Customs


================================================

ART. 200. GRAVE SCANDAL ELEMENTS: 1. That the offender performs an act/s; 2. That such act/s be highly scandalous as offending against decency or good customs; 3. That the highly scandalous conduct does not expressly fall within any other article of the RPC; and 4. That the act/s complained of be committed in a public place or within the public knowledge or view. GRAVE SCANDAL consists of acts which are offensive to decency and good customs which, having been committed publicly and thus, give rise to public scandal to persons who have accidentally witnessed the acts. DECENCY propriety of conduct; proper observance of the requirement of modesty, good taste, etc. CUSTOMS established usage, social conventions carried on by tradition and enforced by social disapproval of any violation thereof NOTE: The public view is not required. It is sufficient if committed in public place. For being committed within the public knowledge, it may occur even in a private place; the number of people who sees it is not material, except when seen by only one other person at night, thus negating the degree of publicity required. 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.


26

US v. Kottinger, 45 Phil. 352

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ART. 202. VAGRANTS AND PROSTITUTES Note: R.A. 10158 has decriminalaized vagrancy by amending Art. 202 to punish prostituties only. Upon effectivity, all pending cases shall be dismissed, and all those serving time for vagrancy shall be released. PROSTITUTES - Women who habitually indulge in (1) sexual intercourse or (2) lascivious conduct, for money or profit. SITUATION CRIME If fenced and with Trespass To Dwelling prohibition of entry Attempted Theft If Ffenced and entered to hunt/fish If nnot fenced and with no Vagrancy prohibition of entry

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7. Crimes Committed by Public Officers =================================


TOPICS UNDER THE SYLLABUS: Chapter 1: Preliminary Provisions Chapter 2: Malfeasance and Misfeasance in Office Sec. 1 Dereliction of Duty Sec. 2 Bribery RA 3019 RA 7080 RA 9372 Chapter 3: Frauds and Illegal Exactions and Transactions Chapter 4: Malversation of Public Funds or Property Chapter 5: Infidelity of Public Officers Sec. 1 Infidelity in the custody of prisoners Sec. 2 Infidelity in the custody of document Sec. 3 Revelation of secrets Chapter 6: Other Offenses or Irregularities by Public Officers Sec. 1 Disobedience, refusal of assistance, and maltreatment of prisoners Sec. 2 Anticipation, prolongation and abandonment of the duties and powers of public office Sec. 3 Usurpation of powers and unlawful appointments Sec. 4 Abuses against chastity
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PERSONS LIABLE: 1. MENDICANT MENDICANT Those with no visible and legal means of support, or lawful employment and physically able to work but neglects to apply himself to lawful calling and instead uses begging as means of living (higher penalty if convicted 2 or more times) 2. Any person who abets mendicancy by giving alms on public roads, sidewalks, parks and bridges except if given through organized agencies operating under regulations of Ministry of Public Information NOTE: 1. Giving alms through organized agencies operating under the rules and regulations of the Ministry of Public Information is not a violation of the Mendicancy Law. 2. A vagrant without visible means of support may become a mendicant if he uses begging as a means of living. 3. Under R.A. 9344 persons below eighteen (18) years of age shall be exempt from prosecution for the crime of vagrancy and prostitution under Section 202 of the Revised Penal Code, of mendicancy under Presidential Decree No. 1563, and sniffing of rugby under Presidential Decree No. 1619, such prosecution being inconsistent with the United Nations Convention on the Rights of the Child.

MENDICANCY LAW OF 1978

P.D. 1563.

Chapter 1: Preliminary Provisions


=============================================== ART. 203. WHO ARE PUBLIC OFFICERS REQUISITES: To be a public officer, one must be - 1. Taking part in the performance of public functions in the Government, or performing public duties as an employee, agent or subordinate official, of any rank or class, in the government or any of its branches; and 2. That his authority to take part in the performance of public functions or to perform public duties must be - a. By direct provision of the law, or b. By popular election, or c. By appointment by competent authority.

END OF DISCUSSION ON TOPIC 6. CRIMES AGAINST PUBLIC MORALS

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NOTE: Public officers include every public servant from the lowest to the highest rank provided that they exercise public functions. A government laborer is not a public officer. However, temporary performance by a laborer of public functions makes him a public officer. ================================================

Chapter 2: Malfeasance and Misfeasance in Office


================================================ MALFEASANCE Performance of some act which ought not to be done MISFEASANCE Improper performance of some act which might lawfully be done NONFEASANCE Omission of an act which ought to be performed MISFEASANCE: 1. Knowingly rendering unjust judgment 2. Rendering judgment through negligence 3. Rendering unjust interlocutory order 4. Malicious delay in the administration of justice NONFEASANCE: 1. Dereliction of duty in prosecution of offenses MALFEASANCE: 1. Direct bribery 2. Indirect bribery

SECTION 1. DERELICTION OF DUTY


ART. 204. KNOWINGLY RENDERING AN UNJUST JUDGMENT ELEMENTS: 1. That the offender is a judge; 2. That he renders a judgment in the case submitted to him for decision; 3. That the judgment is unjust; and 4. That the judge knows that the decision is unjust. NOTE: A judgment is a final consideration and determination by a court of competent jurisdiction of the issues submitted to it in an action or proceeding. An unjust judgment is one which is contrary to law, or not supported by the evidence, or both. No liability if error in good faith An unjust judgment may result from: 1. Error (w/ bad faith) 2. Ill-will or revenge

3. Bribery There must be evidence that the decision rendered is unjust. It is not presumed. Abuse of discretion or mere error of judgment cannot likewise serve as basis for rendering an unjust judgment in the absence of proof or an allegation of bad faith. ART. 205. JUDGMENT RENDERED THROUGH NEGLIGENCE ELEMENTS: 1. That the offender is a judge; 2. That he renders judgment in a case submitted to him for decision; 3. That the judgment is manifestly unjust; and 4. That it is due to inexcusable negligence or ignorance. MANIFESTLY UNJUST JUDGMENT manifestly contrary to law that even a person having meager knowledge of law cannot doubt the injustice. ART. 206. UNJUST INTERLOCUTORY ORDER ELEMENTS: 1. That the offender is a judge; and 2. That he performs any of the following acts: a. Knowingly renders an unjust interlocutory order or decree, or b. Renders a manifestly unjust interlocutory order or decree through inexcusable negligence or ignorance. 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 ART. 207. MALICIOUS DELAY IN THE ADMINISTRATION OF JUSTICE ELEMENTS: 1. That the offender is a judge; 2. That there is a proceeding in his court; 3. That he delays the administration of justice; and 4. That the delay is malicious, that is, the delay is caused by the judge with deliberate intent to inflict damage on either party in the case. NOTE: Mere delay without malice is not punishable. ART. 208. PROSECUTION OF OFFENSES; NEGLIGENCE AND TOLERANCE ACTS PUNISHABLE: 1. By maliciously refraining from instituting prosecution against violators of the law

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SECTION 2. BRIBERY
ART. 210. DIRECT BRIBERY ACTS PUNISHABLE: 1. By agreeing to perform, or by performing, in consideration of any offer, promise, gift or present- an act constituting a crime, in connection with the performance of his official duties Acceptance of the offer or promise is enough to consummate the crime. If the offer is not accepted, only the person offering the gift is liable for attempted corruption of a public officer. gift must have a value or be capable of pecuniary estimation. It could be in the form of money, property or services. 2. By accepting a gift in consideration of the execution of an act which does not constitute a crime in connection with the performance of his official duty 3. By agreeing to refrain, or by refraining, from doing something which it is his official duty to do, in consideration of a gift or promise ELEMENTS: 1. That the offender be a public officer; 2. That the offender accepts an offer or promise or receives a gift or present by himself or through another; 3. That such offer or promise be accepted or gift/present received by the public officer - a. With a view to committing some crime; OR b. In consideration of an execution of an act which does not constitute a crime, but the act must be unjust; OR c. To refrain from doing something which is his official duty to do; 4. That the act which the offender agrees to perform or which he executes be connected with the performance of his official duties. TEMPORARY PERFORMANCE OF PUBLIC FUNCTIONS MAKE THE PERSON A PUBLIC OFFICER 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 BRIBERY EXISTS WHEN THE GIFT IS: 1. Voluntarily offered by a private person 2. Solicited by the public officer and voluntarily delivered by the private person

2.

By maliciously tolerating the commission of offenses ELEMENTS OF DERELICTION OF DUTY IN THE PROSECUTION OF OFFENSES: 1. 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; 2. That there is dereliction of the duties of his office, that is, knowing the commission of the crime, he does not cause the prosecution of the criminal or knowing that a crime is about to be committed he tolerates its commission; 3. That the offender acts with malice and deliberate intent to favor the violator of the law. NOTE: 1. PREVARICACION is the negligence and tolerance in the prosecution of an offense. 2. There must be a duty on the part of the public officer to prosecute or move for the prosecution of the offender. However, a fiscal is under no compulsion to file an information based upon a complaint if he is convinced that the evidence before him is insufficient to warrant filing an action in court. 3. The crime must be proved first before an officer can be convicted of dereliction of duty. If the guilt of the law- violator is not proved, the person charged with the dereliction of duty is not liable. 4. Maliciously signifies deliberate evil intent; a dereliction of duty caused by poor judgment or honest mistake is not punishable. 5. 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. 6. If gift/promise is a consideration for his conduct, crime is direct bribery. ART. 209. BETRAYAL OF TRUST BY AN ATTORNEY OR SOLICITOR REVELATION OF SECRETS ACTS PUNISHABLE: 1. Causing damage to client either a. By any malicious breach of professional duty, or b. By inexcusable negligence or ignorance. - Damage is necessary 2. Revealing any of the secrets of his client learned by him in his professional capacity. - Damage is NOT necessary. 3. Undertaking the defense of the opposing party in the same case, without the consent of his 1st client, after having undertaken the defense of a client or having received confidential information from said client.

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Solicited by the public officer but the private person delivers it out of fear of the consequences should the public officer perform his functions. The crime by the giver is not corruption of public officials due to his involuntariness. DIRECT BRIBERY, 3RD Par. PREVARICACION Both consist of omissions to do an act required to be performed. A gift or promise is given in Not necessary consideration of the omission ADDITIONAL ELEMENT FOURTH ELEMENT: The act which the public officer agrees to perform must be connected with the performance of official duties. It is enough that the act is part of the established procedure of a governmental agency. BRIBERY (ART. 210) ROBBERY (ART. 294) When the victim has When the victim did not committed a crime and gives commit a crime and he is money/gift to avoid arrest or intimidated with arrest prosecution. and/or prosecution to deprive him of his personal property. Victim parts with his money or Victim is deprived of his property voluntarily. money or property by force or intimidation. ART. 211. INDIRECT BRIBERY ELEMENTS: 1. That the offender is a public officer; 2. That he accepts gifts; and 3. That the said gifts are offered to him by reason of his office. NOTE: The article uses the words gift and not promise, and accept, not just receive. 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. DIRECT BRIBERY INDIRECT BRIBERY In both, public officer receives a gift. There is an agreement Usually no such agreement.

3.

between the public officer and the giver. Officer agrees to perform or refrain from doing an act.

Not necessary that the officer do an act, as long as he accepts gifts by reason of his office.

ART. 211-A. QUALIFIED BRIBERY ELEMENTS: 1. That the offender is a public officer entrusted with law enforcement; 2. That he refrains from arresting/ prosecuting an offender for crime punishable by reclusion perpetua and/or death and 3. In consideration of any offer, promise or gift. ART. 212. CORRUPTION OF PUBLIC OFFICIALS ELEMENTS: 1. That the offender makes offers or promises or gives gifts or presents to a public officer; and 2. That the offers or promises are made or the gifts or presents given to a public officer, under circumstances that will make the public officer liable for direct bribery or indirect bribery. NOTE: 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 if they voluntarily give any information about any commission of direct, indirect, and qualified bribery, and any corruption of public officials, provided that: 1. The information must refer to consummated violations of any of the above-mentioned provisions of law, rules and regulations 2. Information and testimony are necessary for the conviction of the accused public officer, 3. Such information and testimony are not in possession of the State. 4. Such information and testimony can be corroborated on its material points 5. Informant or witness has not been previously convicted of a crime involving moral turpitude

R.A. NO. 3019 ANTI-GRAFT AND CORRUPT PRACTICES ACT


PUBLIC OFFICER - elective and appointive officials and employees, permanent or temporary, whether in the classified or unclassified or exempt service receiving

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compensation, even nominal, from the government RECEIVING ANY GIFT - includes the act of accepting directly or indirectly a gift from a person other than a member of the public officer's immediate family, in behalf of himself or of any member of his family or relative within the fourth civil degree, either by consanguinity or affinity, even on the occasion of a family celebration or national festivity like Christmas, if the value of the gift is under the circumstances manifestly excessive. PERSONS LIABLE: 1. Any public officer who shall perform any of the following acts: a. 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. NOTE: Persuasion need not be successful. The gravamen of the offense is the persuasion. b. Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit for himself or for any other person in connection with any contract or transaction between the government and any other party wherein the public officer in his official capacity has to intervene under the law. c. Directly, or indirectly requesting or receiving any gift, present, or other pecuniary or material benefit, for himself or for another, from any person for whom the public officer, in any manner or capacity, has secured or obtained, or will secure or obtain, any Government permit or license, in consideration for the help given or to be given. d. Accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after its termination. NOTE: The act is mala prohibita. e. Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage, or preference in the discharge of his 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.

NOTE: The best defense is that the partiality was not manifest. That the partiality is manifest is a heavy burden on the prosecution. (Justice Peralta). Another defense is the Arias doctrine27. The defense applies in a case where the accused is an approving officer and is on trial for signing an unjust contract. The defense is that the approving officer relied on the prior signatures of his subordinates and had no reason to suspect wrong-doing and was swamped with a lot of documents on that day that he signed. There is no attempted or frustrated stage of the crime defined in Sec. 3(e) of R.A. No. 3019. f. 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 or giving undue advantage in favor of or discriminating against any other interested party. g. Entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby. NOTE: In determining whether the contract was manifestly and grossly disadvantageous, it is not merely consideration of the pecuniary amount involved. (Justice Peralta) h. 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. NOTE: Actual intervention is required. Under the Code of Professional Conduct, the public officer MUST divest his interest. i. 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. Interest for personal gain shall be presumed against those public officers responsible for the


27

Arias v. Sandiganbayan, 180 SCRA 309 (1989)

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approval of manifestly unlawful, inequitable or irregular transactions or acts by the board, panel, or group to which they belong. j. 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. k. Divulging valuable information of a confidential character, acquired by his office or by him on account of his official position to unauthorized persons, or releasing such information in advance of its authorized release date. 2. 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 contract with the government in which such public official has to intervene (Sec. 4) 3. Any person who shall knowingly induce or cause any public official to commit any of the offenses under (A). (Sec. 4) 4. 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 government. NOTE (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 government along the same line of business or any transaction, contract or application already existing or pending at the time of such assumption of public office; 2. Any application filed by him, the approval of which is not discretionary on the part of the official(s) concerned but depends upon compliance with requisites provided by law, or rules or regulations issued pursuant to law; 3. Any act lawfully performed in an official capacity or in the exercise of a profession. (Sec. 5) 4. 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.

5. Any public officer who recommended the initiation in Congress of the enactment or adoption of any law or resolution and acquires or receives such interest during his incumbency. NOTE: Unlawful for such member of Congress or other public officer, who, having such interest prior to the approval of such law or resolution authored or recommended by him, continues for 30 days after such approval to retain such interest. 6. Any public officer who shall fail to file a true, detailed and sworn statement of assets and liabilities (SALN) 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). Prima facie evidence of and dismissal due to unexplained wealth (Sec. 8) 1. If a public official has been found to have acquired during his incumbency, whether in his name or in the name of other persons, an amount of property and/or money manifestly out of proportion to his salary and to his other lawful income. 2. Properties in the name of the spouse and dependents of such public official may be taken into consideration, when their acquisition through legitimate means cannot be satisfactorily shown. 3. Bank deposits in the name of or manifestly excessive expenditures incurred by the public official, his spouse or any of their dependents including but not limited to activities in any club or association or any ostentatious display of wealth including frequent travel abroad of a non-official character by any public official when such activities entail expenses evidently out of proportion to legitimate income. NOTE: Competent court is the Sandiganbayan (Sec. 10). GENERAL RULE: Prescriptive period is 15 years (Sec. 11). EXCEPTIONS: Unsolicited gifts or presents of small or insignificant value offered or given as a mere ordinary token of gratitude of friendship according to local customs or usage, shall be excepted from the provisions of this act (Sec. 14). NOTE: - No public officer shall be allowed to resign or retire pending an investigation. - Suspension while pending in court after valid information (cannot be automatic), and loss of benefits if convicted by final judgment; maximum duration of preventive suspension is 90 days; acquittal reinstatement and salaries and benefits which he failed to receive

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NOTE: Mere demand of a larger or different amount is sufficient to consummate the crime. The essence is the improper collection and damage to the government 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. This felony may be complexed with malversation. Ex. A tax collector who collected a sum larger than that authorized by law and spent all of them is guilty of two crimes, namely: (1) illegal exaction, for demanding a greater amount; and (2) malversation for misappropriating the amount collected. Officers and employees of the BIR or Customs are not covered by this article, since they are covered by the NIRC or the Administrative Code. ART. 214. OTHER FRAUDS ELEMENTS: 1. That the offender is a public officer; 2. That he takes advantage of his official position; and 3. That he commits any of the frauds or deceits enumerated in art. 315 and 316. (estafa, swindling) NOTE: The penalty under this Article is in addition to the penalties prescribed in the articles violated ART 215. PROHIBITED TRANSACTIONS ELEMENTS: 1. That the offender is an appointive public officer; 2. That he becomes interested, directly or indirectly, in any transaction of exchange or speculation; 3. That the transaction takes place within the territory subject to his jurisdiction; and 4. That he becomes interested in the transaction during his incumbency. NOTE: The transaction must be of exchange or speculation. 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 for gain or profit and not merely as investment Purchasing of stocks or shares in a company is simple investment and not a violation of the article. However, regularly buying securities for resale is speculation.

- The courts are not bound by the statement of assets and liabilities filed. - Penalty of forfeiture cannot be applied retroactively.

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Chapter 3: Frauds and illegal transactions and exactions

================================================= ART. 213. FRAUDS AGAINST THE PUBLIC TREASURY AND SIMILAR OFFENSES A. FRAUDS AGAINST PUBLIC TREASURY ELEMENTS: 1. That the offender be a public officer; 2. That he should have taken advantage of his office, that is, he intervened in the transaction in his official capacity; 3. That he entered into an agreement with any interested party or speculator or made use of any other scheme with regard to (a) furnishing supplies (b) the making of contracts, or (c) the adjustment or settlement of account relating to a public property or funds; and 4. That the accused had intent to defraud the government. NOTE: The public officer must act in his official capacity. 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. B. ILLEGAL EXACTIONS ELEMENTS: 1. The offender is a public officer entrusted with the collection of taxes, licenses, fees and other imposts; and 2. That he is guilty of any of the following acts or omissions; a. Demanding, directly or indirectly the payment of sums different from or larger than those authorized by law, or b. Failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him officially, or c. Collecting or receiving, directly or indirectly, by way of payment or otherwise, things or objects of a nature different from that provided by law.

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ART. 216. POSSESSION OF PROHIBITED INTERESTS BY A PUBLIC OFFICER PERSONS LIABLE: 1. Public officer who became interested in any contract or business in which it is his official duty to intervene. 2. Experts, arbitrators and private accountants who took part in any contract or transaction connected with the estate or property in the approval, distribution or adjudication of which they had acted. 3. Guardians and executors with respect to property belonging to their wards or the estate. NOTE: Actual fraud is not necessary. Intervention must be by virtue of public office held. Act is punished because of the possibility that fraud may be committed or that the officer may place his own interest above that of the Government or of the party which he represents. Constitutional prohibitions exist Congress: cannot personally appear as counsel;, cannot be interested financially in any franchise or special privilege granted by government; cannot intervene in any matter before office of Government Executive cannot hold any other office Constitutional Commissions cannot hold any other office, or engage in practice of profession or management of business, or be financially interested in a contract with or franchise/privilege by the government

ILL-GOTTEN WEALTH: Any asset, property, business enterprise or material possession of any person 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: A. Through misappropriation, conversion, misuse or malversation of public funds or raids on the public treasury. B. 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; C. By the illegal or fraudulent conveyance or disposition of assets belonging to the National Government

R.A. 7080 AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER

or any of its subdivisions, agencies or instrumentalities or government-owned or controlled corporations and their subsidiaries; D. By obtaining, receiving or accepting, directly or indirectly, any shares of stock, equity or any other form of interest or participation, including the promise of future employment in any business enterprise or undertaking. E. 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; F. 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 or prejudice of the Filipino people and the Republic of the Philippines. PLUNDER IS A CRIME OF MALUM IN SE Plunder is a crime of malum in se because the constitutive crimes are mala in se. The elements of mens rea must be proven in a prosecution for plunder. The legislative declaration in R.A. 7659 that plunder is a heinous offense implies that it is malum in se. For when the acts punished are inherently immoral or inherently wrong, they are mala in se and it does not matter that such acts are punished in a special law. PERSONS LIABLE: A. Any public officer who, by himself or in connivance with members of his family, relatives by affinity or consanguinity, business associates and subordinates or other persons, amasses, accumulates, or acquires ill-gotten wealth through a combination or series of overt or criminal acts as described under above in the aggregate amount or total value of at least 50 MILLION PESOS, shall be guilty of the crime of plunder (as amended by RA 7659). B. Any person who participated with the said public officer in the commission of plunder. JURISDICTION: Sandiganbayan RULE OF EVIDENCE: For purposes of establishing the crime of plunder, it shall not be necessary to prove each and every criminal act done, it being sufficient to establish beyond reasonable doubt a pattern of overt or criminal acts indicative of the overall unlawful scheme or conspiracy. PRESCRIPTION: 20 years. However, the right of the State to recover properties unlawfully acquired by public officers from them or from their nominees or transferees shall not be barred by prescription, laches or estoppel. COMBINATION, refers to at least two (2) acts falling under different categories of enumeration provided in sec. 1, par. (d).

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Example: raids on the public treasury in sec. 1, par. (d), and fraudulent conveyance of assets belonging to the national government under sec. 1 par. (d), subpar. (3). SERIES refer to two (2) or more overt or criminal acts falling under the same category of enumeration found in sec. 1, par. (d), say, misappropriation, malversation and raids on the public treasury, all of which falls under sec. 1, par. (d), subpar. (1). Verily, had the legislature intended a technical or distinctive meaning for combination and series, it would have taken greater pains in specially providing for it in the law.28

R.A. 9372 HUMAN SECURITY ACT


Penalty for Failure to Deliver Suspect to the Proper Judicial Authority within Three Days. - 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. (Sec. 20) 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) 12 years and 1 day to 20 years of imprisonment, if the detained person has already been convicted and sentenced in a final judgment of a competent court; and (b) 6 years and 1 day to 12 years of imprisonment, if the detained person has not been convicted and sentenced in a final judgment of a competent court. (Sec. 44) Penalty for False or Untruthful Statement or Misrepresentation of Material Fact in Joint Affidavits. - Any false or untruthful statement or misrepresentation of material fact in the joint affidavits required respectively in Section 12 and Section 32 of this Act shall constitute a criminal offense and the affiants shall suffer individually the penalty of 10 years and 1 day to 12 years of imprisonment (Sec. 47) Penalty for Furnishing False Evidence, Forged Document, or Spurious Evidence. - The penalty of twelve (12) years and one day to twenty (20) years of imprisonment shall be imposed upon any person who knowingly furnishes false

testimony, forged document or spurious evidence in any investigation or hearing under this Act. 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 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. This is 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 shall suffer the penalty of six (6) months of imprisonment. (Sec 48)

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Chapter 4: Malversation of Public Funds or Property


28

Estrada v. Sandiganbayan, 369 SCRA 394 (2001)

================================================= ART. 217. MALVERSATION OF PUBLIC FUNDS OR PROPERTY ELEMENTS: 1. That the offender be a public officer (or private person if entrusted with public funds or if in connivance with public officers); 2. That he had the custody or control of funds or property (if not accountable for the funds, crime committed is theft or qualified theft); 3. That those funds or property were public funds or property (even if private funds, they become public if attached, seized, deposited or commingled with public funds); and 4. That he: a. Appropriated the funds or property b. Took or misappropriated them c. Consented or, through abandonment or negligence, permitted any other person to take such public funds or property. NOTES: 1. It is not necessary that the offender profited by his malversation. His being remiss in the duty of safekeeping public funds violates the trust reposed. 2. Public funds taken need not be misappropriated. 3. It can be committed either with malice or through negligence or imprudence although the penalty is the same. Negligence of the accountable public officer must be positively and clearly shown to be inexcusable. 4. In determining whether the offender is a public officer, what is controlling is the nature of his office and not

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the designation - contemplates public officer who receives money or property from government for which he is bound to account, must have authority to collect or receive 5. The funds or property must be received in an official capacity. Otherwise, the crime committed is estafa. CIRCUMSTANCES MAKING A PRIVATE INDIVIDUAL LIABLE 1. when they are in conspiracy with public officers; and 2. when they have charge of national, provincial or municipal funds, revenues or property in any capacity. 3. Those who are accessory or accomplice to a public officer 4. Depository or administrator of public funds or property NOTES 1. When malversation is not committed through negligence, lack of criminal intent or good faith is a defense. 2. 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. 3. Returning the embezzled funds is not an exempting circumstance but only mitigating. 4. A person whose negligence made possible the commission of malversation by another can be held liable as a principal by indispensable cooperation. MALVERSATION (ART. 217) ESTAFA WITH ABUSE OF CONFIDENCE (ART. 315) Funds or property usually Funds/property are always public private Offender is usually a public Offender is a private officer who is accountable individual or even a public for the public officer who is not funds/property accountable for public funds/property Crime is committed by Crime is committed by appropriating, taking, or misappropriating, misappropriating/consentin converting, or denying g, or through abandonment having received money, or negligence, permitting goods or other personal any other person to take the property public funds/property The fact that the obligation to deposit the collections of the City Treasurer's Office is not covered by appellant's official job description is of no legal consequence in a prosecution for Malversation. What is essential is that

appellant had custody or control of public funds by reason of the duties of his office29. ART. 218. FAILURE OF ACCOUNTABLE OFFICER TO RENDER ACCOUNT FAILURE OF ACCOUNTABLE OFFICER TO RENDER ACCOUNT ELEMENTS: 1. That the offender is a public officer, whether in the service or separated therefrom; 2. That he must be an accountable officer for public funds or property; 3. That he is required by law or regulation to render accounts to the Commission on Audit, or to a provincial auditor; and 4. That he fails to do so for a period of two months after such accounts should be rendered. NOTE: Demand and misappropriation are not necessary. ART. 219. FAILURE OF A RESPONSIBLE PUBLIC OFFICER TO RENDER ACCOUNTS BEFORE LEAVING THE COUNTRY ELEMENTS: 1. That the offender is a public officer; 2. That he must be an accountable officer for public funds or property; and 3. That he must have unlawfully left (or be on the point of leaving) the Philippines without securing from the Commission on Audit a certificate showing that his accounts have been finally settled. NOTE: The act of leaving the Philippines must be unauthorized or not permitted by law. ART. 220. ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY ELEMENTS OF TECHNICAL MALVERSATION: 1. That the offender is a public officer; 2. That there is public fund or property under his administration; 3. That such public fund or property has been appropriated by law or ordinance (without this, it is simple malversation); and 4. That he applies the same to a public use other than for which such fund or property has been appropriated by law or ordinance. NOTE: To distinguish this article with Art 217 (malversation), in illegal use of public funds or property, the offender


29

People v. Hipol, 454 Phil. 679 (2003)

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does not derive any personal gain, the funds are merely devoted to some other public use. Absence of damage is only a mitigating circumstance. ILLEGAL USE OF MALVERSATION FUNDS OR PROPERTY (ART. 217) (ART. 220) Offender is an accountable public officers. Offender does not derive Offender in certain cases any personal gain or profit. profits from the proceeds of the crime. The public fund or The public fund or property property is applied to is applied to personal use. another public use. ART. 221. FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS OR PROPERTY ACTS PUNISHABLE: 1. By failing to make payment by a public officer who is under obligation to make such payment from Government funds in his possession 2. By refusing to make delivery by a public officer who has been ordered by competent authority to deliver any property in his custody or under his administration (must be malicious) ELEMENTS OF FAILURE TO MAKE PAYMENT: 1. That the public officer has government funds or property in his possession. 2. That he is under obligation to either: a. make payment from such funds, or b. to deliver property in his custody or administration when ordered by competent authority; and 3. That he maliciously fails or refuses to do so. NOTE: Penalty is based on value of funds/property to be delivered. ART. 222. OFFICERS INCLUDED IN THE PRECEDING PROVISIONS PERSONS LIABLE UNDER ART. 217 TO 221: 1. Private individual who, in any capacity, have charge of any national, provincial or municipal funds, revenue, or property. Example: a withholding tax agent 2. Administrator or depositary of funds or property that has been attached, seized or deposited by public authority, even if owned by a private individual. NOTE: Sheriffs and receivers fall under the term administrator

Judicial administrator not covered by this article.(Appointed to administer estate of deceased and not in charge of property attached, impounded or placed in deposit by public authority) Private property is included if it is attached, seized or deposited by public authority.

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Chapter 5: Infidelity of Public Officers


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SECTION 1. INFIDELITY IN THE CUSTODY OF PRISONERS

ART. 223. CONNIVING WITH OR CONSENTING TO EVASION ELEMENTS: 1. That the offender is a public officer (on duty); 2. That he is charged with the conveyance or custody of a prisoner, either detention prisoner or prisoner by final judgment; 3. That such prisoner escaped from his custody; and 4. That he was in connivance with the prisoner in the latters escape. DETENTION PRISONER - A person becomes a detention prisoner from the moment he is booked. This refers to the accomplishment of the booking sheet and filling out of a form where he is finger printed. From that time on, he is already a detention prisoner even if he is not yet incarcerated. 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 constitutes 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. ART. 224. EVASION THROUGH NEGLIGENCE ELEMENTS: 1. That the offender is a public officer; 2. That he is charged with the conveyance or custody of a prisoner, either detention prisoner or prisoner by final judgment; and 3. That such prisoner escapes through his negligence. NOTE: The article punishes a definite laxity which amounts to deliberate non-performance of a duty.

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The fact that the public officer recaptured the prisoner who had escaped from his custody does not afford him 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 he cooperated with the offender). The negligent public officer suffers the same penalty regardless of whether the prisoner is a convict or merely a detention prisoner.

ART. 225. ESCAPE OF PRISONER UNDER THE CUSTODY OF A PERSON NOT A PUBLIC OFFICER ELEMENTS: 1. That the offender is a private person; 2. That the conveyance or custody of a prisoner or person under arrest is confided to him; (He has custody) 3. That the prisoner or person under arrest escapes; and 4. That the offender consents to the escape of the prisoner or person under arrest, or that the escape takes place through his negligence. NOTE: This article is not applicable if a private person made the arrest and he consented to the escape of the person he arrested.

SECTION 2. INFIDELITY OF THE CUSTODY OF DOCUMENTS


ART. 226. REMOVAL, CONCEALMENT, OR DESTRUCTION OF DOCUMENTS ELEMENTS OF INFIDELITY IN CUSTODY OF DOCUMENTS: 1. That the offender be a public officer; 2. That he abstracts, destroys or conceals a document or papers; 3. That the said document or paper should have been entrusted to such public officer by reason of his office; and 4. That damage, whether serious or not, to a third party or to the public interest should have been caused. NOTE: The document must be complete and one by which a right could be established or an obligation could be extinguished. 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, or c. to commit any act constituting a breach of trust in the official care 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. ART. 227. OFFICER BREAKING SEAL ELEMENTS: 1. That the offender is a public officer; 2. That he is charged with the custody of papers or property; 3. That these papers or property are sealed by proper authority; and 4. That he breaks the seals or permits them to be broken. 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. ART. 228. OPENING OF CLOSED DOCUMENTS ELEMENTS: 1. That the offender is a public officer; 2. That any closed papers, documents, or objects are entrusted to his custody; 3. That he opens or permits to be opened said closed papers, documents or objects; and 4. That he does not have proper authority. NOTE: Damage is not necessary.

SECTION 3. REVELATION OF SECRETS


ART. 229. REVELATION OF SECRETS BY AN OFFICER ELEMENTS OF PAR. 1 (SECRETS KNOWN BY REASON OF HIS OFFICIAL CAPACITY): 1. That the offender is a public officer; 2. That he knows of a secret by reason of his official capacity;

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3.

That he reveals such secret without authority or justifiable reasons; and 4. That damage, great or small, be caused to the public interest. Secret must affect public interest not secrets of a private individual. 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. ELEMENTS OF PAR. 2 (WRONGFULLY DELIVERING PAPERS OR COPIES OF PAPERS OF WHICH HE MAY HAVE CHARGE AND WHICH SHOULD NOT BE PUBLISHED): 1. That the offender is a public officer; 2. That he has charge of papers; 3. That those papers should not be published; 4. That he delivers those papers or copies thereof to a third person; 5. That the delivery is wrongful; and 6. That damage be caused to public interest. NOTE: 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. ART. 230. PUBLIC OFFICER REVEALING SECRETS OF PRIVATE INDIVIDUAL ELEMENTS: 1. That the offender is a public officer; 2. That he knows of the secret of a private individual by reason of his office; and 3. That he reveals such secrets without authority or justifiable reason. NOTE: 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.

=========================================== Chapter 6: Other offenses or irregularities by Public Officers ===========================================


SECTION 1. DISOBEDIENCE, REFUSAL OF ASSISTANCE, AND MALTREATMENT OF PRISONERS ART. 231. OPEN DISOBEDIENCE ELEMENTS: 1. That the offender is a judicial or executive officer; 2. That there is a judgment, decision or order of superior authority; 3. That such judgment, decision or order was made within the scope of the jurisdiction of the superior authority and issued with all the legal formalities; and 4. That the offender without any legal justification openly refuses to execute the said judgment, decision or under which he is duty bound to obey. ART. 232. DISOBEDIENCE TO ORDER OF SUPERIOR OFFICER; WHEN SAID ORDER WAS SUSPENDED BY INFERIOR OFFICER ELEMENTS: 1. That the offender is a public officer; 2. That an order is issued by his superior for execution; 3. That he has for any reason suspended the execution of such order; 4. That his superior disapproves the suspension of the execution of the order; and 5. That the offender disobeys his superior despite the disapproval of the suspension. NOTE: A public officer is not liable if the order of the superior is illegal. ART. 233. REFUSAL OF ASSISTANCE ELEMENTS: 1. That the offender is a public officer; 2. That a competent authority demands from the offender that he lend his cooperation towards the administration of justice or other public service; and 3. That the offender fails to do so maliciously. This felony involves a request from one public officer to another. Damage to the public interest or third party is essential. Demand is necessary. Demand must be from competent authority


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ART. 234. REFUSAL TO DISCHARGE ELECTIVE OFFICE ELEMENTS: 1. That the offender is elected by popular election to a public office; 2. That he refuses to be sworn in or discharge the duties of said office; 3. That there is no legal motive for such refusal to be sworn in or to discharge the duties of said office. If the elected person is disqualified, his refusal to be sworn in or to discharge the duties of the office is justified. Refusal to discharge the duties of an appointive office is not covered by this article. ART. 235. MALTREATMENT OF PRISONERS ELEMENTS: 1. That the offender is a public officer or employee; 2. That he has charge of a prisoner or detention prisoner (otherwise the crime is physical injuries); and 3. That he maltreats such prisoner in either of the following manners: a. by overdoing himself in the correction or handling of a prisoner or detention prisoner under his charge either i. by the imposition of punishments not authorized by the regulations, or ii. by inflicting such punishments (those authorized) in a cruel and humiliating manner, or b. by maltreating such prisoner to extort a confession or to obtain some information from the prisoner. NOTE: The public officer must have actual charge of the prisoner in order to be held liable (not merely by legal fiction). Offended party must be a: a) convict by final judgment, or b) detention prisoner. Maltreatment should not be due to personal

grudge, otherwise, liable for physical injuries only. Offender may also be held liable for physical injuries or damage caused. (Penalty provided in Article 235 is imposed in addition to penalty for injury or damage caused)

SECTION 2. ANTICIPATION, PROLONGATION AND ABANDONMENT OF THE DUTIES AND POWERS OF PUBLIC OFFICE ART. 236. ANTICIPATION OF DUTIES OF A PUBLIC OFFICE ELEMENTS: 1. That the offender is entitled to hold a public office or employment, either by election or appointment; 2. That the law requires that he should first be sworn in and/or should first give a bond; 3. That he assumes the performance of the duties and powers of such office; and 4. That he has not taken his oath of office and/or given the bond required by law. ART. 237. PROLONGING PERFORMANCE OF DUTIES AND POWERS ELEMENTS: 1. That the offender is holding a public office; 2. That the period provided by law, regulations or special provisions for holding such office has already expired; and 3. That he continues to exercise the duties and powers of such office. NOTE: Officers contemplated: those who have been suspended, separated, declared over-aged or dismissed. ART. 238. ABANDONMENT OF OFFICE OR POSITION ELEMENTS: 1. That the offender is a public officer; 2. That he formally resigns from his position; 3. That his resignation has not yet been accepted; and 4. That he abandons his office to the detriment of the public service. 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 (e.g. treason, espionage), in which case, the penalty is higher. ABANDONMENT OF OFFICE DERELICTION OF DUTY OR POSITION (ART. 238) (ART. 208) Committed by any public Committed only by public officer officers who have the duty to institute prosecution There is actual abandonment Public officer does not through resignation to evade abandon his office but the discharge of duties. merely fails to prosecute a

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violation of the law.

3.

SECTION 3. USURPATION OF POWERS AND UNLAWFUL APPOINTMENTS


ART. 239. USURPATION OF LEGISLATIVE POWERS ELEMENTS: 1. That the offender is an executive or judicial officer; and 2. That he (a) makes general rules or regulations beyond the scope of his authority or (b) attempts to repeal a law or (c) suspends the execution thereof. ART. 240. USURPATION OF EXECUTIVE FUNCTIONS ELEMENTS: 1. That the offender is a judge; and 2. That he (a) assumes a power pertaining to the executive authorities, or (b) obstructs executive authorities in the lawful exercise of their powers. NOTE: Legislative officers are not liable for usurpation of executive functions ART. 241. USURPATION OF JUDICIAL FUNCTIONS


ELEMENTS: 1. That the offender is an officer of the executive branch of the government; and 2. That he (a) assumes judicial powers, or (b) obstructs the execution of any order or decision rendered by any judge within his jurisdiction. ART. 242. DISOBEYING REQUEST FOR DISQUALIFICATION ELEMENTS: 1. That the offender is a public officer; 2. That a proceeding is pending before such public officer; 3. That there is a question brought before the proper authority regarding his jurisdiction, which is not yet decided; 4. That he has been lawfully required to refrain from continuing the proceeding; and 5. That he continues the proceeding. ART. 243. ADDRESSING ORDERS OR REQUESTS BY EXECUTIVE OFFICER TO ANY JUDICIAL AUTHORITY ELEMENTS: 1. That the offender is an executive officer; 2. That he addresses any order or suggestion to any judicial authority; and

That the order or suggestion relates to any case or business coming within the exclusive jurisdiction of the courts of justice. NOTE: Legislative or judicial officers are not liable under this article. ART. 244. UNLAWFUL APPOINTMENTS ELEMENTS: 1. That the offender is a public officer; 2. That he nominates or appoints a person to a public office; 3. That such person lacks the legal qualification therefor; and 4. That the offender knows that his nominee or appointee lacks the qualification at the time he made the nomination or appointment. NOTE: Mere recommending, even if with the knowledge that the person recommended is not qualified, is not a crime. He must nominate. There must be a law providing for the qualifications of a person to be nominated or appointed to a public office.

SECTION 4. ABUSES AGAINST CHASTITY


ART. 245. ABUSES AGAINST CHASTITY WAYS OF COMMITTING ABUSES AGAINST CHASTITY: 1. By soliciting or making immoral or indecent advances to a woman interested in matters pending before the offending officer for decision, or with respect to which he is required to submit a report to or consult with a superior officer; 2. By soliciting or making immoral or indecent advances to a woman under the offenders custody; 3. By soliciting or making immoral or indecent advances to the wife, daughter, sister, or relative within the same degree by affinity of any person in custody of the offending warden or officer ELEMENTS: 1. That the offender is a public officer; 2. That he solicits or makes immoral or indecent advances to a woman; and 3. That such woman must be a. 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

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b. c.

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 the wife, daughter, sister or relative within the same degree by affinity of the person in the custody of the offender.

NOTE: The mother of the person in the custody of the public officer is not included. To solicit means to propose earnestly and persistently something unchaste and immoral to a woman. The crime is consummated by mere proposal. Proof of solicitation is not necessary when there is sexual intercourse.

END OF DISCUSSION ON TOPIC 7. CRIMES COMMITTED BY PUBLIC OFFICERS

======================================= 8. Crimes Against Persons =======================================


TOPICS UNDER THE SYLLABUS: Chapter 1: Destruction of Life Sec. 1 - Parricide, Murder, Homicide Sec. 2 - Infanticide and Abortion Sec. 3 - Duel Chapter 2: Physical Injuries R.A. 9262 R.A. 9775 R.A. 8049 R.A. 7610 R.A. 9344
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Chapter 1: Destruction of Life

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SECTION ONE - PARRICIDE, MURDER, HOMICIDE ART. 246. PARRICIDE ELEMENTS: 1. That a person is killed; 2. That the deceased is killed by the accused; 3. That the deceased is the a. father, mother, or child, whether legitimate or illegitimate, or b. legitimate other ascendant or other descendant, or

c. legitimate spouse of the accused. RELATIONSHIP OF THE OFFENDER WITH THE VICTIM IS THE ESSENTIAL ELEMENT 1. Required to determine legitimacy of relationship 2. The following are excluded (i.e., the accused will not be guilty of parricide) ALAIC a. Adoptive relationship (adopting parent-adopted child) b. Child less than 3 days old (infanticide) c. Relationship by affinity (in-laws) d. Illegitimate other ascendant/descendant e. Common-law spouse NOTES: 1. Relationship must be alleged and proved. If not alleged, it can only be considered as an ordinary aggravating circumstance. 2. Punished by reclusion perpetua to death 3. Only relatives by blood and in direct line (except spouse) are considered 4. Marriages among Muslims or among members of ethnic cultural communities recognized (Art. 33, Family Code) 5. Parricide through reckless imprudence a. Reckless imprudence punished by arresto mayor in its max. period to prision correccional in its med. period b. Simple imprudence or negligence punished by arresto mayor in its med.-max. periods 6. Parricide by mistake: exists because knowledge of relationship is not required in parricide 7. Parricide by omission (in relation to Art. 276, 2nd par. Abandoning a minor) 8. Stranger cooperating in parricide is only guilty of homicide or murder, as the case may be. PARRICIDE IS NOT PUNISHABLE BY RECLUSION PERPETUA TO DEATH WHEN: 1. It is committed through negligence (Art. 365) 2. Committed by mistake (Art. 249) 3. Committed under exceptional circumstances (Art. 247) ART. 247. DEATH OR PHYSICAL INJURIES INFLICTED UNDER EXCEPTIONAL CIRCUMSTANCES ELEMENTS: 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;

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2. 3.

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; and 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.

NOTE: The article does not define a crime but grants a singular mitigating circumstance and provides for the penalty of destierro (as a form of protection for the accused) instead of the severe penalty prescribed for parricide, homicide, or physical injuries DEFINITIONS: 1. Legally married excludes common-law relationship 2. Legitimacy of parent not required, as long as a. Daughter is minor, unmarried and living with her parents 3. Surprise means to come up suddenly and unexpectedly 3. In the act of committing sexual intercourse with another person is satisfied if circumstances show reasonably that the carnal act is being committed or has just been committed 4. Immediately thereafter means the discovery, escape, pursuit and the killing must all form parts of one continuous act JUSTIFICATION FOR ART. 247: BURST OF PASSION The killing must be the proximate result of the outrage overwhelming the accused; and not influenced by external factors PHYSICAL INJURIES MUST BE SERIOUS If the physical injuries are less serious or slight, it is an absolutory cause, thus no criminal liability NOTES: Both wives and husbands are entitled to the benefits of this article Sexual intercourse does not include preparatory acts No criminal liability if physical injuries are inflicted upon third persons (i.e., those other than the wife/daughter and the paramour)


ART. 248. MURDER ELEMENTS: 1. That a person is killed; 2. That the deceased is killed by the accused 3. That the killing was attended by any of the following qualifying circumstances:

with treachery, taking advantage of superior strength, with the aid of 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, or f. with cruelty, by deliberately and inhumanely augmenting the suffering of the victim or outraging or scoffing at his person or corpse; and 4. The killing is not parricide or infanticide. Murder is the unlawful killing of any person, which is not parricide or infanticide, provided that any of the enumerated circumstances are present NOTES: 1. Intent to kill essential in all circumstances EXCEPT treachery 2. punished by reclusion perpetua to death 3. victim must be killed in order to consummate the crime; if victim IS NOT killedeither attempted or frustrated murder 4. Treachery present when the act constituting the felony is sudden and unexpected to the point of incapacitating the victim to repel or escape it The means, methods, or form of attack must be consciously adopted by the offender Present when an adult person attacks a child of tender years 5. Not enough that superior strength is present; it must be taken advantage of Also applies when act is committed on occasion of a public calamity 6. Armed men must take part in the commission of the crime directly or indirectly Accused must avail himself of their aid or rely upon them 7. Person who received the price, reward, or promise is a principal by direct participation; person who gave such price, reward, or promise is a principal by induction. BOTH are guilty of murder. 8. Treachery and premeditation are inherent in murder by poison, and thus, cannot be considered as aggravating.

a.

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RULES FOR APPLICATION OF QUALIFYING CIRCUMSTANCES 1. Murder will exist with only one of the circumstances; others must be considered as generic aggravating 2. When other circumstances are absorbed or included in one qualifying circumstance, they cannot be considered as generic aggravating 3. Any of the circumstances must be alleged in order to qualify the crime to murder - Otherwise, it is only a generic aggravating OUTRAGING OR SCOFFING AT HIS PERSON OR CORPSE: QUALIFYING CIRCUMSTANCE NOT MENTIONED IN ART. 14 1. Outraging: to commit an extremely vicious or deeply insulting act 2. Scoffing: to jeer, implies a showing of irreverence ART. 249. HOMICIDE ELEMENTS: 1. That a person was killed; 2. That the accused killed him without any justifying circumstances; 3. That the accused had the intention to kill, which is presumed; and 4. That the killing was not attended by any of the qualifying circumstances of murder, or by that of parricide or infanticide NOTES: 1. Homicide is the unlawful killing of any person, which is neither parricide, murder, nor infanticide 2. Consummated when victim is killed; otherwise, attempted or frustrated 3. Presumption of intent to kill a. With respect to crimes of personal violence, the penal law looks particularly to the material results following the unlawful act and holds the aggressor responsible for all the consequences thereof. b. Evidence of intent to kill is important only in attempted or frustrated homicide i. Intent to kill is conclusively presumed when the victim dies ii. Generally shown by the kind of weapon used, the parts of the victims body at which it was aimed, and by the wounds inflicted But purpose of the accused may also be considered iii. The element of intent to kill is incompatible with imprudence or negligence Intent to kill must be proved beyond reasonable doubt iv. No attempted or frustrated homicide through imprudence or negligence; crime

would be physical injuries through reckless imprudence As an exception, see Accidental homicide (item 6) 4. When two different persons inflicted the wounds which caused the death, both are guilty of homicide a. The burden to prove otherwise is on each of the defendants b. Proof of conspiracy is not necessary c. Also applies when it was not shown which wounds were inflicted by each person 5. When defense is not allowed to exculpate a. Refusal of victim to be operated b. When the act of mortally wounding and the fact of suicide by the victim concur 6. Use of unlicensed firearm is considered as an aggravating circumstance and not as a separate crime 7. Punished by reclusion temporal ACCIDENTAL HOMICIDE is the death of a person brought about by a lawful act performed with proper care and skill, and without homicidal intent E.g. If in a game, the rules have been violated and death resulted, determine intent to kill: i. If with intent to kill, it is intentional homicide ii. If without intent to kill, it is homicide through negligence CORPUS DELICTI In all crimes against persons in which the death of the victim is an elements of the offense, there must be satisfactory evidence of 1. The fact of death, and 2. The identity of the victim - does not refer to the body of the victim but to the actual commission of the crime charged ART. 250. PENALTY FOR FRUSTRATED PARRICIDE, MURDER, OR HOMICIDE Courts may impose a penalty two degrees lower for frustrated parricide, murder or homicide. Courts may impose a penalty three degrees lower for attempted parricide, murder or homicide. This rule is permissivenot mandatory An attempt on, or a conspiracy against, the life of the Chief Executive, etc., is punishable by death. ART. 251. DEATH CAUSED IN A TUMULTUOUS AFFRAY ELEMENTS 1. That there be several persons;

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2.

That they did not compose groups organized for the common purpose of assaulting and attacking each other reciprocally; 3. That these several persons quarrelled and assaulted one another in a confused and tumultuous manner; 4. That someone was killed in the course of the affray; 5. That it cannot be ascertained who actually killed the deceased; and 6. That the person or persons who inflicted serious physical injuries or who used violence can be identified. NOTES: 1. TUMULTUOUS AFFRAY a. Tumultuous (as used in Art. 153) means that the disturbance is caused by at least four persons who are armed or are provided with means of violence b. There must be no unity of purpose oand intention among the persons who used violence 2. PERSONS LIABLE: a. Person or persons 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 3. When there are 2 identified groups of men who assaulted each other, there is no tumultuous affray. 4. The person killed need not be a participant in the affray. 5. Does not apply when the person who inflicted the fatal wound is known; in that case, the crime will be homicide under Art. 249. ART. 252. PHYSICAL INJURIES INFLICTED IN A TUMULTUOUS AFFRAY 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; and 4. That all those who appear to have used violence upon the person of the offended party are known. NOTES: 1. Persons liable: Only those who have used violence on the person of the offended party. Penalty will be one degree lower than that provided for the physical injury inflicted 2. Injured party must be a participant of the tumultuous affray (as opposed to the preceding article

3.

4. ART. 253. GIVING ASSISTANCE TO SUICIDE 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. NOTES: 1. If the suicide is not consummated a. For the first punishable act: arresto mayor in its medium and maximum periods b. For the second punishable act: one or two degrees lower than that provided for consummated suicide 2. An attempt to commit suicide is an act, but it is not punishable by law a. A person who attempts to commit suicide is not criminally liable. b. 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 i. in order to incur criminal liability for the result not intended, one must be committing a felony ii. unintentional abortion is punishable only when it is caused by violence, not by poison (Art. 257) 3. Assistance to suicide is different from mercy-killing a. Euthanasia or mercy-killing 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 ART. 254. DISCHARGE OF FIREARMS ELEMENTS: 1. That the offender discharges a firearm against or at another person; and 2. That the offender has no intention to kill that person. NOTES: 1. The offender must shoot at another with any firearm without intention of killing him a. The purpose of the offender may be to intimidate or frighten the offended party b. If the firearm is not discharged at a person, the act is not punished under this article c. A discharge towards the house of the offended party, not knowing in what part of the house the people inside were, is only alarm under Art. 155.

If the one who caused physical injuries is known, he will be liable for physical injuries actually committed. Slight physical injuries not included

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d.

2. 3.

It is sufficient that the gun was initially aimed at or against the offended party, even if it was not pointed at the offended party when it fired e. If theres intent to kill, it may be frustrated or attempted parricide, murder, or homicide Essential to prove that the discharge of firearm was directed precisely against the offended party if the illegal discharge inflicts serious or less serious physical injuries to the offended party, there will be a complex crime of illegal discharge of firearm w/ serious or less serious physical injuries

SECTION TWO - INFANTICIDE AND ABORTION ART. 255. INFANTICIDE ELEMENTS: 1. That a child was killed; 2. That the deceased child was less than three days (72 hours) of age; and 3. That the accused killed the said child. Infanticide is the killing of any child less than three days of age, whether the killer is parent or grandparent, any other relative of the child, or a stranger NOTES: 1. The child must be born alive and can sustain an independent life when it is killed a. Burden of proof is upon the prosecution 2. Penalty is that of either parricide or murder, depending on the relationship of the accused with the victim 3. Mitigating circumstance of concealing dishonor a. Applicable only to the mother and maternal grandparents b. Delinquent mother must be of good reputation ART. 256. INTENTIONAL ABORTION ELEMENTS: 1. That there is a pregnant woman; 2. That any of the following ways is committed a. violence is exerted, or b. drugs or beverages administered, without violence upon and without consent of the pregnant woman, or c. drugs or beverages administered, with the consent of the 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

ABORTION is the wilful killing of the foetus in the uterus, or the violent expulsion of the foetus from the maternal womb which results in the death of the foetus NOTES: 1. Foetus must die in consummated abortion; otherwise, determine if there is intent to abort a. If with intention, frustrated intentional abortion b. If without intention, physical injuries 2. When infanticide (as opposed to abortion): if the foetus a. Could sustain an independent life, after separation from maternal womb, and b. Is killed 3. The person who intentionally caused the abortion is liable a. If the woman/mother permitted, she will be liable under Art. 258; otherwise, she is not liable ART. 257. UNINTENTIONAL ABORTION ELEMENTS: 1. That there is a pregnant woman; 2. That violence is used upon such pregnant woman without intending an abortion; 3. That the violence is intentionally exerted; and 4. That as a result of the violence the fetus dies, either in the womb or after having been expelled therefrom NOTES: 1. Can only be committed by violence a. Violence or actual physical force (as opposed to threats or mere administering of substance with no intention to commit abortion) must be used 2. Intention may be inferred from the condition of the pregnant woman (i.e. whether pregnancy is noticeable) 3. May be committed through imprudence 4. May be complexed with homicide and parricide 5. If theres no intent to cause abortion and theres no violence committed, then theres no abortion of any kind ART. 258. ABORTION PRACTICED BY THE WOMAN HERSELF OR BY HER PARENTS ELEMENTS: 1. That there is a pregnant woman who has suffered an abortion; 2. That the abortion is intended; and 3. That the abortion is caused by a. the pregnant woman herself b. any other person, with her consent, or c. any of her parents, with her consent for the purpose of concealing her dishonor.

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NOTES: 1. Mitigating circumstance (as distinguished from infanticide) for the purpose of concealing dishonor a. Only applicable to the pregnant woman and not to the parents of the pregnant woman 2. If the purpose of the womans parents was NOT to conceal dishonor, then they will be liable for intentional abortion under Art. 256 ART. 259. ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE AND DISPENSING OF ABORTIVE ELEMENTS: 1. That there is a pregnant woman who has suffered an abortion; 2. That the abortion is intended; 3. That the offender, who must be a physician or midwife, causes or assists in causing the abortion; and 4. That said physician or midwife takes advantage of his or her scientific knowledge or skill. NOTES: 1. The taking advantage of scientific knowledge or skill for the destruction of human life justifies the imposition of the maximum penalty ELEMENTS AS TO PHARMACISTS: 1. That the offender is a pharmacist. 2. That there is no proper prescription from a physician. 3. That the offender dispenses any abortive. NOTES: 1. The effect of knowledge that the abortive would be used to cause abortion: a. Without knowledge, punishable under this article b. With knowledge, punishable as an accomplice in the crime of abortion 2. Not necessary for the abortive to be actually used; the act constituting the offense is dispensing the abortive w/o proper prescription SECTION THREE - DUEL ART. 260. RESPONSIBILITY OF PARTICIPANTS IN A DUEL ACTS PUNISHABLE 1. Killing ones adversary in a duel 2. Inflicting upon the adversary serious physical injuries 3. Making combat although no physical injuries have been inflicted PERSONS LIABLE

1.

2. NOTES: 1. A duel is a formal or regular combat previously concerted between two parties in the presence of two or more seconds of lawful age on each side, who make the selection of arms and fix all the other conditions of the fight 2. Intent to kill is disregardedso penalty will be that for physical injuries only as opposed to those inflicted for frustrated/attempted homicide ART. 261. CHALLENGING TO A DUEL 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. Challengers, and 2. Instigators There must be intention to have a formal duel (as opposed to light threats under Art. 285, par. 2) ===========================================

PRINCIPALS person who killed or inflicted physical injuries upon his adversary, or both combatants in any other cases. ACCOMPLICES seconds

Chapter 2: Physical Injuries

================================================ CRIMES PUNISHABLE: A. Mutilation B. Serious physical injuries C. Administering injurious substance or beverages D. Less serious physical injuries E. Slight physical injuries and maltreatment ART. 262. MUTILATION TWO (2) KINDS: 1. CASTRATION: Intentionally mutilating another by depriving him, totally or partially, of some essential organ for reproduction. 2. MAYHEM OR OTHER INTENTIONAL MUTILATION: Intentionally making other 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 his body. There must be intentional mutilation offender must have the intent to deprive the offended party of a part of his body

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if theres no intention, then crime will be considered as serious physical injuries PHYSICAL INJURIES DISTINGUISHED FROM: 1. ATTEMPTED OR FRUSTRATED HOMICIDE a. Attempted homicide may be committed, even if no physical injuries are inflicted b. Intent to kill is not present in the crime of physical injuries 2. MUTILATION a. Intention to lop or clip off some part of the body is present in mutilation ART. 263. SERIOUS PHYSICAL INJURIES HOW COMMITTED: 1. Wounding; 2. Beating; 3. Assaulting; or 4. Administering injurious substances SERIOUS PHYSICAL INJURIES ARE: 1. When the injured person becomes insane, imbecile, impotent or blind in consequence of the physical injuries inflicted. 2. When the injured person a. loses the use of speech or the power to hear or to smell, b. loses an eye, a hand, foot, arm or leg, or loses the use of any such member, or loses the use of any such member; c. becomes incapacitated for the work in which he had been habitually engaged 3. When the injured person a. becomes deformed, b. loses any other member of his body, c. loses the use thereof, or 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. When the injured person becomes ill or incapacitated for labor for more than 30 days (but not more than 90 days). PARAGRAPH 1 1. Impotency includes inability to copulate and sterility; no intent to deprive (as opposed to castration) 2. Complete blindness (as opposed to paragraph 2 loss of an eye only) PARAGRAPH 2 (mentions principal members of the body) 1. Loss of power to hear of both ears (as opposed to paragraph 3 loss of one ear only)

2.

3.

Loss of use of hand or incapacity for usual work must be permanent a. This must be proven by clear and conclusive evidence Note that the offended party must have an avocation or work at the time of the injury [also in paragraph (3)] a. Work includes studies or preparation for a profession b. Means incapacity for a certain kind of work only, but not for all

PARAGRAPH 3 1. Deformity is meant physical ugliness, permanent and defining abnormality. It must be conspicuous and visible (i.e., depending on what part of the body) a. If scar is usually covered, then its not considered conspicuous or visible b. Loss of teeth may be considered as deformity i. Injury must be that which cannot be repaired by the action of nature ii. EXCEPTIONS: old men/women and children 2. Loss of fingers may fall under paragraph 2 if it results in the loss of the use of the hand itself 3. Covers any member which is not a principal member of the body PARAGRAPH 4 1. Any kind of labor is included 2. Hospitalization for more than 30 days may mean either illness or incapacity for labor for more than 30 days 3. There must be evidence of the length of period of illness or capacity when the category of the offense of serious physical injuries The absence thereof makes the offense only slight physical injuries 4. Lessening of efficiency in work is not incapacity QUALIFIED SERIOUS PHYSICAL INJURIES 1. In relation to persons mentioned parricide and circumstances mentioned in murder higher penalties wil be inflicted 2. DOES NOT include injuries caused by excessive chastisement of a parent upon his child NOTES: 1. It can be committed by reckless imprudence, or by simple imprudence or negligence 2. There must be no intent to kill; otherwise, crime would be frustrated/attempted murder, parricide, or homicide 3. Medical attendance is not important in serious physical injuries

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ART. 264. ADMINISTERING INJURIOUS SUBSTANCE OR BEVERAGES ELEMENTS: 1. That the offender inflicted upon another person any serious physical injury; 2. That it was done by knowingly administering to him any injurious substances or beverages or by taking advantage of his weakness of mind or credulity; and 3. He had no intent to kill. NOTES: 1. Administering: introducing into the body 2. If there is intent to kill, it is frustrated murder the injurious substance to be considered as poison 3. Knowledge applies to the injurious nature of the substance or beverage 4. by taking advantage of his weakness of mind or credulity may take place in the case of witchcraft, magnetism and the like ART. 265. LESS SERIOUS PHYSICAL INJURIES ELEMENTS: 1. That the offended party is incapacitated for labor or needs medical attendance for 10 days or more (but not more than 30 days); and 2. That the physical injuries must not be those described in the preceding articles. QUALIFIED LESS SERIOUS PHYSICAL INJURIES 1. Fine not not exceeding P5200, in addition to arresto mayor, when a. There is a manifest intent to insult or offend the injured person, or b. There are circumstances adding ignominy to the offense (a) and (b) are considered as i. Ordinary aggravating circumstance in serious physical injuries ii. Slander by deed in slight physical injuries 2. A higher penalty, when the victim is either a. The offenders parents, ascendants, guardians, curators or teachers b. Persons of rank or persons in authority, provided the crime is not direct assault NOTES: 1. Medical attendance or incapacity for labor is required a. when theres no incapcaity for labor or medical attendance needed, it will be considered only as slight physical injuries i. if injuries were healed within 30 days slight physical injuries

ii. if injuries were healed only after 30 days serious phyisical injuries (as illness for more than 30 days) 2. This article applies even if there was no incapacity but the medical treatment was for more than 10 days 3. There must be proof as to the period of required medical attendance ART. 266. SLIGHT PHYSICAL INJURIES AND MALTREATMENT THREE (3) KINDS: 1. Physical injuries which incapacitated the offended party for labor from one (1) to nine (9) days or required medical attendance during the same period. 2. Physical injuries which did not prevent the offended party from engaging in his habitual work or which did not require medical attendance (Ex. black eye). 3. Ill-treatment of another by deed without causing any injury. (e.g. slapping the face without causing dishonor) NOTES: 1. PRESUMPTION a. In the absence of proof as to the period of the offended partys incapacity for labor or of the required medical attendance, the crime committed is presumed as slight physical injuries b. When there is no evidence to establish the gravity or duration of actual injury or to show the causal relationship to death, the offense is slight physical injuries 2. SUPERVENING EVENT a. When the charge contained in the information filed was for slight physical injuries because it was believed that the wound suffered would require medical attendance for eight (8) days only, but during preliminary investigation it was found that the healing would require more than thirty (30) days, this supervening event can still be the subject of amendment or of a new charge without placing the accused in double jeopardy30 ART. 266-A. RAPE; 266-B. PENALTIES SIMPLE RAPE (UNDER PARAGRAPH 1): A. ELEMENTS: 1. The offender is a man; 2. The offender had carnal knowledge of a woman; 3. Such act is accomplished (any one of the following): a. through force, threat or intimidation;

30


People v. Manolong, 85 Phil. 829

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B.

when the offended party is deprived of reason or otherwise unconscious; c. by means of fraudulent machination or grave abuse of authority; or d. when the offended party is under 12 years of age (statutory rape) or is demented, even though none of the circumstances mentioned above be present PENALTIES IMPOSED31 1. reclusion perpetua 2. reclusion perpetua to death when: a. victim became insane by reason or on the occasion of rape; or b. the rape is attempted and a homicide is committed by reason or on the occasion thereof. 3. Death when: a. homicide is committed; b. victim is under 18 years old and offender is: i. parent, ii. ascendant, iii. step-parent, iv. guardian, v. relative by consanguinity or affinity within the 3rd civil degree, vi. common law spouse of victims parent; c. under the custody of the police or military authorities or any law enforcement or penal institution; d. committed in full view of the spouse, parent or any of the children or other relatives within the 3rd degree of consanguinity; e. victim is a religious engaged in legitimate religious vocation or calling and is personally known to be such by the offender before or at the time of the commission of the crime; f. a child below 7 years old; g. offender knows he is afflicted with HIV or AIDS or any other sexually transmissible disease and the virus is transmitted to the victim; h. offender is a member of the AFP, or para- military units thereof, or the PNP, or any law enforcement agency or penal institution, when the offender took advantage of his position to facilitate the commission of the crime; i. by reason or on occasion of the rape, the victim suffered permanent physical mutilation or disability;

b.

j. k.

the offender knew of the pregnancy of the offended party at the time of the commission of the crime; and the offender knew of the mental disability, emotional disorder and/or physical handicap of the offended party at the time of the commission of the crime.

31

RAPE THROUGH SEXUAL ASSAULT (UNDER PARAGRAPH 2) A. ELEMENTS: 1. the offender (man or woman) commits an act of sexual assault 2. the act is committed by inserting: a. his penis into another persons mouth or anal orifice; or b. any instrument or object into the genital or anal orifice of another person 3. the act is committed under any of the circumstances mentioned under paragraph 1 B. PENALTIES IMPOSED: 1. Prision mayor in general 2. Prision mayor to reclusion temporal when: a. there was use of deadly weapon, or b. committed by two or more persons. 3. Reclusion temporal when the victim has become insane 4. Reclusion temporal to reclusion perpetua rape is attempted and homicide is committed 5. Reclusion perpetua homicide is committed by reason or on occasion of rape 6. Reclusion temporal committed with any of the 10 aggravating circumstances mentioned in this article NOTES: 1. The 4 circumstances: a. Using force or intimidation: the degree sufficient to overcome resistance i. According to People v. Las Pias, Jr.32, the test is whether reasonable fear is produced in the mind of the victim ii. Verbal refusal alone wont do; there must be a physical struggle thats manifest and tenacious iii. The force need not be irresistable; force or violence necessary is relative, depending on the age, size, and strength of the parties and their relation to each other iv. Where resistance would be futile, offering none at all does not amount to consent

Pursuant to R.A. 9346 (Act Prohibiting the Imposition of Death Penalty in the Phiippines) the penalty of reclusion perpetua without eligibility for parole shall be imposed, in lieu of death penalty


32

G.R. No. 133444, February 20, 2002

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2.

v. Intimidation enough that it produces fear in the victim; must be viewed in light of the victims perception and judgment at the time of rape vi. Moral ascendancy or influence has been held to be a substitute, in a long line of cases33 - in this case, not necessary that victim put up a determined resistance b. Offended party is deprived of reason or otherwise unconscious i. Deprivation need not be complete ii. Intercourse with a deaf-mute woman wll only be considered rape if shes also be prove to be an imbecile iii. Not considered rape where consent is induced by the administration of drugs/liquor, which incites her passions and doesnt deprive her of will power c. By means of fraudulent machination or grave abuse of authority d. when the offended party is under 12 years of age or is demented, even though none of the circumstances mentioned above be present (Statutory rape) i. Consent and character (e.g. prostitute) of the offended party is immaterial TWO (2) STAGES: a. CONSUMMATED i. Penetration is necessary ii. It is enough that the labia majora be penetrated, even the slightest iii. Penis need not be erect still considered rape if accused repeatedly tried to insert the penis in the vagina, even if in vain b. ATTEMPTED i. The offender has already performed overt acts with the intention to have carnal knowledge of the offended party, but which was not consummated some cause or accident other than his own spontaneous desistance ii. There must be intent to have carnal knowledge of the woman against her will c. there can be no frustrated rape because any penetration of the female organ is sufficient. Clearly, in the crime of rape, from the moment the offender has carnal knowledge of his victim he actually attains his purpose and, from that moment also all the essential elements of the offense have been accomplished. Nothing more is

3.

4. 5. 6.

7.

left to be done by the offender, because he has performed the last act necessary to produce the crime. Thus, the felony is consummated.34 Homicide committed by reason of (i.e., in the course of or because of) rape is a special complex crime a. Rape must come before intent to kill or act of killing b. Does not apply when the intent to kill or killing act preceded the rape act (i.e., when victim was in the point of death when she was ravaged) c. Includes death of victim through STD given by the accused who raped her Character of the woman is immaterial a. Testimony of victim alone is enough for conviction Fingers counts as objects under rape through sexual assault Indemnity and Damages a. Awarding of Php50,000 as indemnity is mandatory upon finding of the fact of rape b. Moral damages may be automatically awarded in rape cases w/o need of proof Multiple Rape a. Each offender is responsible not only for the rape he personally committed, but also for those committed by the others

ART. 266-C. EFFECT OF PARDON. EFFECT OF MARRIAGE Marriage extinguishes not only the penal action but likewise the penalty imposed and only as to the principal ART. 266-D. PRESUMPTIONS EVIDENCE WHICH MAY BE ACCEPTED 1. Any physical overt act manifesting resistance against the act of rape in any degree from the offended party 2. Where the offended party is so situated as to render him/her incapable of giving consent

R.A. 9262 ANTI VIOLENCE AGAINST WOMEN AND CHILDREN ACT OF 2004 VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, DEFINED Refers to any act or a series of acts committed by any person against a woman who is his wife, former wife,


33

People v. Dichoson, G.R. No. 118986-89, February 19, 2001; People v. Bazona, G.R. No. 133343-44, March 2, 2000; People v. Panique, 316 SCRA 757 (1999); People v. Perez, 307 SCRA 276 (1999)


34

People v. Orita [G.R. No. 88724, April 3, 1990]

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or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty. It includes, but is not limited to, (1) physical, (2) sexual, (3) psychological and (4) economic violence. DEFINITION OF TERMS AGAINST WHOM COMMITTED 1. a woman A. who is his wife, B. who is his former wife, or C. with whom the person has or had a sexual or dating relationship, or D. with whom he has a common child, 2. the womans child a. whether legitimate or illegitimate, within or without the family abode The violence committee must result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty. It includes, but is not limited to: a. Physical Violence: refers to acts that include bodily or physical harm; b. Sexual violence: refers to an act which is sexual in nature, committed against a woman or her child c. Psychological violence: refers to acts or omissions causing or likely to cause mental or emotional suffering of the victim; d. Economic abuse" refers to acts that make or attempt to make a woman financially dependent PUNISHABLE ACTS (Sec. 5): 1. Causing physical harm to the woman or her child; 2. Threatening to cause the woman or her child physical harm; 3. Attempting to cause the woman or her child physical harm; 4. Placing the woman or her child in fear of imminent physical harm; 5. 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: a. Threatening to deprive or actually depriving the woman or her child of custody to her/his family; b. 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; c. Depriving or threatening to deprive the woman or her child of a legal right; d. Preventing the woman in engaging in any legitimate profession, occupation, business or activity or controlling the victim's own money or properties, or solely controlling the conjugal or common money, or properties; 6. Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions; 7. 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; 8. 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: a. Stalking or following the woman or her child in public or private places; b. Peering in the window or lingering outside the residence of the woman or her child; c. Entering or remaining in the dwelling or on the property of the woman or her child against her/his will; d. Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child; and e. Engaging in any form of harassment or violence; 9. 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. VENUE A. General Rule: RTC designated as Family Court has original and exclusive jurisdiction B. In the absence of (A): RTC where any of the elements is committed, at the option of complainant PROTECTION ORDERS, DEFINED (Sec. 8)

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Order issued under this act for the purpose of preventing further acts of violence against a woman or her child specified in Section 5 of this Act and granting other necessary relief. The relief granted under a protection order serves the purpose of safeguarding the victim from further harm, minimizing any disruption in the victim's daily life, and facilitating the opportunity and ability of the victim to independently regain control over her life. The provisions of the protection order shall be enforced by law enforcement agencies. PROTECTION ORDERS ISSUED UNDER THIS ACT BARANGAY TEMPORARY PERMANENT PROTECTION PROTECTION PROTECTION ORDER ORDER ORDER Issued by punong Issued by the Issued by the barangay, after ex court on the court after notice parte date of filing and hearing. The determination of of the court shall the basis of the application schedule a application, which after ex parte hearing on the orders perpetrator determination issuance of a PPO to desist from that such prior to or on the committing acts order should date of expiration under Section 5 (1) be issued. of the TPO. and (2) of this Act. BPOs shall be TPOs shall be Shall be effective effective for 15 effective for until revoked by a days. 30 days. court. PROTECTION ORDERS THAT MAY BE ISSUED UNDER THIS ACT: 1. BARANGAY PROTECTION ORDER (BPO) Protection order issued by the Punong Barangay ordering the perpetrator to desist from committing acts under Section 5 (1) and (2) of this Act. A Punong Barangay who receives applications for a BPO shall issue the protection order to the applicant on the date of filing after ex parte determination of the basis of the application. BPOs shall be effective for fifteen (15) days. 2. TEMPORARY PROTECTION ORDER (TPO) Protection order issued by the court on the date of filing of the application after ex parte determination that such order should be issued. A court may grant in a TPO any, some or all of the reliefs mentioned in this Act and shall be effective for thirty (30) days. The court shall schedule a hearing on the issuance of a PPO prior to or on the date of the expiration of the TPO. 3. PERMANENT PROTECTION ORDER (PPO) Protection order issued by the court after notice and hearing. A PPO shall be effective until revoked by a court upon application of the person in whose favor the order was issued. -

(R.A. 9775) ANTI CHILD PORNOGRAPHY ACT OF 2009


CHILD refers to a. 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. b. a person regardless of age who is presented, depicted or portrayed as a child as defined herein; and c. 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. CHILD PORNOGRAPHY refers to any public or private representation, by whatever means, of a child engaged in real or simulated explicit sexual activities or any representation of the sexual parts of a child for primarily sexual purposes. CHILD PORNOGRAPHY MATERIALS refers to the means and methods by which child pornography is carried out: 1. As to form: a. Visual depiction not only images of real children but also digital image, computer image or computer-generated image. [e.g., (i) undeveloped film and videotapes; (ii) stored data and/or images capable of conversion into a visual image; (iii) photograph, film, video, picture, digital image or picture, computer image or picture; (iv) drawings, cartoons, sculptures or paintings depicting children]; b. Audio representation of a person who is or is represented as being a child and who is engaged in or is represented as being engaged in explicit sexual activity, or an audio representation that advocates, encourages or counsels any sexual activity with children which is an offense under this Act. (e.g., audio recordings and live audio transmission conveyed through whatever medium including real-time internet communications); c. Written text or material that advocates or counsels explicit sexual activity with a child and whose dominant characteristic is the description, for a sexual purpose, of an explicit sexual activity with a child. 2. As to content: a. It includes representation of a person who is, appears to be, or is represented as being a child, the dominant characteristic of which is the depiction, for a sexual purpose, of:

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i. the sexual organ or the anal region, or a representation thereof; ii. the breasts, or a representation of the breasts, of a female person. EXPLICIT SEXUAL ACTIVITY includes actual or simulated 1. 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 PROHIBITED ACTS 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 wilfully access any form of child pornography; K. To conspire to commit any of the prohibited acts stated in this section. L. To possess any form of child pornography. SYNDICATED CHILD PORNOGRAPHY If carried out by a group of 3 or more persons conspiring or confederating with one another.

(R.A. 8049) ANTI HAZING LAW


HAZING is an initiation rite or practice as a prerequisite for admission into membership in a fraternity, sorority or organization by placing the recruit, neophyte or applicant in some embarrassing or humiliating situations such as forcing him to do menial, silly, foolish and other similar tasks or activities or otherwise subjecting him to physical or psychological suffering or injury; BUT it excludes those tests and procedure employed for prospective regular members of the Armed Forces of the Philippines (AFP) and Philippine National Police (PNP) as approved by the Secretary of National Defense and the National Police Commission duly recommended by the Chief of Staff of AFP and the Director General of PNP "ORGANIZATION" shall include: any club of the AFP, PNP, Philippine Military Academy (PMA), or officer and cadet corps of the Citizen's Military Training (CMT) and Citizen's Army Training (CAT) PROCEDURE FOR ALLOWED HAZING A. Written notice must be given to the school authorities or head of organization seven (7) days prior to the conduct of initiation B. The written notice must indicate: a. That the period of initiation activities will not exceed three (3) days, b. The names of those to be subjected to such activities, and c. An undertaking that no physical violence be employed C. Two (2) representatives of the school or organization must be assigned to be present during the initiation; they shall ensure that no physical harm will be inflicted WHO ARE LIABLE A. As principals 1. The officers and members of the fraternity, sorority or organization who actually participated in the infliction of physical harm 2. The parents, if held in the home of one of the officers or members of the fraternity, group, or organization, when they have actual knowledge of the hazing conducted but failed to take any action to prevent the same 3. The officers, former officers, or alumni of the organization, group, fraternity or sorority who actually planned although not present when committed 4. A fraternity or sorority's adviser who was present during the hazing conducted but failed to take action to prevent the same

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B.

As accomplices 1. The owner of the place where the hazing is conducted, when he has actual knowledge of the hazing conducted but failed to take any action to prevent 2. School authorities who consent to the hazing or who have actual knowledge, but failed to take any action to prevent the same PRIMA FACIE EVIDENCE OF PARTICIPATION AS PRINCIPAL The presence of any person during the hazing unless he prevented the commission of the acts punishable herein The above-mentioned liabilities 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 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.

1.

R.A. 7610 SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT

CRIMES PUNISHABLE CHILD PROSTITUTION AND OTHER SEXUAL ABUSE WHO ARE CHILDREN EXPLOITED IN 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 WHO ARE LIABLE 1. Those who engage in or promote, facilitate or induce child prostitution (e.g., acting as procurer of or taking advantage of influence or relationship to procure a child prostitute, inducing a person to be a client of child prostitute, threatening or using violence towards or giving monetary consideration or goods to a child to engage him in prostitution); 2. Those who commit the act of sexual intercourse or lascivious conduct with a child exploited in prostitution or subjected to other sexual abuse; 3. Those who derive profit or advantage therefrom. (e.g., as manager/owner of the establishment where child prostitution takes place); ATTEMPT TO COMMIT CHILD PROSTITUTION

Any person, not being a relative of the child, is found alone with the said child in a hidden or secluded area under circumstances which lead a reasonable person to believe that the child is about to be exploited in prostitution and other sexual abuse; and 2. Any person who receives services from a child in a sauna parlor or bath, massage clinic, health club, and other similar establishments CHILD TRAFFICKING 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, or barter ATTEMPT TO COMMIT CHILD TRAFFICKING 1. When a child travels alone to a foreign country without valid reason therefor and without clearance issued by the Department of Social Welfare and Development or written permit or justification from the child's parents or legal guardian; 2. When a person, agency, establishment or child-caring institution recruits women or couples to bear children for the purpose of child trafficking; or 3. When a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or any other person simulates birth for the purpose of child trafficking; or 4. When a person engages in the act of finding children among low-income families, hospitals, clinics, nurseries, day-care centers, or other child-during institutions who can be offered for the purpose of child trafficking OBSCENE PUBLICATIONS AND INDECENT SHOWS 1. 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 obscene publications or pornographic materials or to sell or distribute the said materials, or 2. 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 hereunder OTHER ACTS OF ABUSE 1. Any person who shall commit any other acts of child abuse, cruelty or exploitation or to be responsible for other conditions prejudicial to the child's development 2. Any person who shall keep or have in his company a minor, twelve (12) years or under or who in ten (10) years or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor, beach and/or other tourist resort or similar places (this provision shall not

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apply to any person who is related within the fourth degree of consanguinity or affinity or any bond recognized by law, local custom and tradition or acts in the performance of a social, moral or legal duty) 3. Any person who shall induce, deliver or offer a minor to any one prohibited by this Act to keep or have in his company a minor as provided in the preceding paragraph 4. Any person, owner, manager or one entrusted with the operation of any public or private place of accommodation, whether for occupancy, food, drink or otherwise, including residential places, who allows any person to take along with him to such place or places any minor herein described 5. Any person who shall use, coerce, force or intimidate a street child or any other child to: a. Beg or use begging as a means of living; b. Act as conduit or middlemen in drug trafficking or pushing; or c. Conduct any illegal activities SANCTIONS FOR ESTABLISHMENTS OR ENTERPRISES All establishments and enterprises which promote or facilitate any of the acts punishable under this Act shall be: 1. immediately closed, 2. their authority or license to operate cancelled 3. without prejudice to the owner or manager thereof being prosecuted, and 4. a sign with the words "off limits" shall be conspicuously displayed outside the establishments or enterprises by the Department of Social Welfare and Development (DSWD) for such period which shall not be less than one (1) year, as the Department may determine (The unauthorized removal of such sign shall be punishable) WHEN DEEMED TO PROMOTE OR FACILITATE ANY OF THE ACTS PUNISHABLE: if the acts constituting the same occur in the premises of said establishment The same presumption apply to an enterprise such as a sauna, travel agency, or recruitment agency which: a. promotes the aforementioned acts as part of a tour for foreign tourists; b. exhibits children in a lewd or indecent show; c. provides child masseurs for adults of the same or opposite sex and said services include any lascivious conduct with the customers; or d. solicits children or activities constituting the aforementioned acts WORKING CHILDREN Children below fifteen (15) years of age shall not be employed, except: a. When a child works directly under the sole

b.

responsibility of his parents or legal guardian and where only members of the employer's family are employed: Provided, however, That his employment neither endangers his life, safety and health and morals, nor impairs his normal development: Provided, further, That the parent or legal guardian shall provide the said minor child with the prescribed primary and/or secondary education; or When a child's employment or participation in public & entertainment or information through cinema, theater, radio or television is essential: Provided, The employment contract concluded by the child's parent or guardian, with the express agreement of the child concerned, if possible, and the approval of the Department of Labor and Employment: Provided, That the following requirements in all instances are strictly complied with: i. The employer shall ensure the protection, health, safety and morals of the child; ii. The employer shall institute measures to prevent the child's exploitation or discrimination taking into account the system and level of remuneration, and the duration and arrangement of working time; and iii. The employer shall formulate and implement, subject to the approval and supervision of competent authorities, a continuing program for training and skill acquisition of the child

In the above exceptional cases: the employer shall first secure a work permit from the Department of Labor and Employment (DOLE) which shall ensure observance of the above requirement

R.A. 9344 JUVENILE JUSTICE AND WELFARE ACT OF 2006


CHILD refers to a person under the age of 18 years. CHILD AT RISK refers to a child who is vulnerable to and at the risk of committing criminal offenses because of personal, family and social circumstances, such as, but not limited to, the following: a. being abused by any person through sexual, physical, psychological, mental, economic or any other means and the parents or guardian refuse, are unwilling, or unable to provide protection for the child; b. being exploited including sexually or economically;

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c. d. e. f. g. h.

i. 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 laws YOUTH DETENTION HOME refers to a 24-hour child-caring institution managed by accredited local government units (LGUs) and licensed and/or accredited nongovernment organizations (NGOs) providing short-term residential care for children in conflict with the law who are awaiting court disposition of their cases or transfer to other agencies or jurisdiction 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. OUTLINE OF THE SYSTEM A. INITIAL CONTACT WITH-THE CHILD refers to the apprehension or taking into custody of a child in conflict with the law by law enforcement officers or private citizens. It includes the time when the child alleged to be in conflict with the law receives a subpoena under Section 3(b) of Rule 112 of the Revised Rules of Criminal Procedure or summons under Section 6(a) or Section 9(b) of the same Rule in cases that do not require preliminary investigation or where there is no necessity to place the child alleged to be in conflict with the law under immediate custody. B. DIVERSION refers to an alternative, child-appropriate process of determining the responsibility and treatment of a child in conflict with the law on the basis of his/her social, cultural, economic, psychological or educational background without resorting to formal court proceedings DIVERSION PROGRAM refers to the program that the child in conflict with the law is required to undergo after he/she is found responsible for an offense without resorting to formal court proceedings.

being abandoned or neglected, and after diligent search and inquiry, the parent or guardian cannot be found; coming from a dysfunctional or broken family or without a parent or guardian; being out of school; being a streetchild; being a member of a gang; living in a community with a high level of criminality or drug abuse; and living in situations of armed conflict.

The following children in conflict with law shall undergo diversion programs: a. Where the imposable penalty for the crime committee is not more than six (6) years imprisonment, or b. In victimless crimes where the imposable penalty is not more than six (6) years imprisonment But where the imposable penalty for the crime committed exceeds six (6) years imprisonment, diversion measures may be resorted to only by the court C. PROSECUTION The prosecutor shall conduct a preliminary investigation in the following instances: a. when the child in conflict with the law does not qualify for diversion; b. when the child, his/her parents or guardian does not agree to diversion as specified in Sections 27 and 28; c. when considering the assessment and recommendation of the social worker, the prosecutor determines that diversion is not appropriate for the child in conflict with the law Upon serving the subpoena and the affidavit of complaint, the prosecutor shall notify the Public Attorney's Office (PAO) of such service, as well as the personal information, and place of detention of the child in conflict with the law. Upon determination of probable cause by the prosecutor, the information against the child shall be filed before the Family Court within forty-five (45) days from the start of the preliminary investigation. D. COURT PROCEEDINGS 1. Children detained in a Youth Detention Center pending trial may be released on bail or recognizance 2. Where the maximum penalty imposed by law for the offense with which the child in conflict with the law is charged is imprisonment of not more than twelve (12) years, regardless of the fine or fine alone regardless of the amount, and before arraignment of the child in conflict with the law, the court shall determine whether or not diversion is appropriate 3. When the accused, who was a child at the time of the commission of the offense, is found guilty, the court shall: a. Determine and ascertain any civil liability b. Place the child under suspended sentence without need of application (i.e., automatically), instead of pronouncing judgment of conviction

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The automatic suspension applies even if accused is already of legal age at the time of pronouncement of guilt E. REHABILITATION AND REINTEGRATION No child shall be received in any rehabilitation or training facility without a valid order issued by the court after a hearing for the purpose INTERVENTION refers to a series of activities which are designed to address issues that caused the child to commit an offense. RESTORATIVE JUSTICE refers to a principle which requires a process of resolving conflicts with the maximum involvement of the victim, the offender and the community. YOUTH REHABILITATION CENTER refers to a 24-hour residential care facility managed by the Department of Social Welfare and Development (DSWD), LGUs, licensed and/or accredited NGOs monitored by the DSWD, which provides care, treatment and rehabilitation services for children in conflict with the law. Rehabilitation services are provided under the guidance of a trained staff where residents are cared for under a structured therapeutic environment with the end view of reintegrating them into their families and communities as socially functioning individuals. Physical mobility of residents of said centers may be restricted pending court disposition of the charges against them. AGE AND DETERMINATION AGE CRIMINAL RESPONSIBILITY < 15 years (less than or Absolute irresponsibility, exempting equal to 15 years) circumstance 15 but 18 (more than Conditional responsibility or equal to 15 but less a. Without discernment than or equal to 18 not criminally liable; years) subject to an intervention program b. With discernment criminally liable Minor delinquent Sentence is suspended 18 but 70 (more than Full responsibility or equal to 18 but less than or equal to 70 years) 70 (more than or equal Mitigated responsibility, no to 70 years) imposition of death penalty, execution of death sentence may be suspended and commuted

P.D 603 Child and Youth Welfare Code PUNISHABLE ACTS Criminal liability shall attach to any parent who: 1. Conceals or abandons the child with intent to make such child lose his civil status. 2. Abandons the child under such circumstances as to deprive him of the love, care and protection he needs. 3. Sells or abandons the child to another person for valuable consideration. 4. Neglects the child by not giving him the education which the family's station in life and financial conditions permit. 5. Fails or refuses, without justifiable grounds, to enroll the child as required by Article 72. 6. Causes, abates, or permits the truancy of the child from the school where he is enrolled. "Truancy" as here used means absence without cause for more than twenty schooldays, not necessarily consecutive. 7. It shall be the duty of the teacher in charge to report to the parents the absences of the child the moment these exceed five schooldays. 8. Improperly exploits the child by using him, directly or indirectly, such as for purposes of begging and other acts which are inimical to his interest and welfare. 9. Inflicts cruel and unusual punishment upon the child or deliberately subjects him to indignation and other excessive chastisement that embarrass or humiliate him. 10. Causes or encourages the child to lead an immoral or dissolute life. 11. Permits the child to possess, handle or carry a deadly weapon, regardless of its ownership. 12. Allows or requires the child to drive without a license or with a license which the parent knows to have been illegally procured. If the motor vehicle driven by the child belongs to the parent, it shall be presumed that he permitted or ordered the child to drive. END OF DISCUSSION ON TOPIC 8. CRIMES AGAINST PERSONS

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9. Crimes Against Personal liberty and Security

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TOPICS UNDER THE SYLLABUS: Chapter 1: Crimes against Liberty Sec. 1 - Illegal detention Sec. 2 - Kidnapping of minors Chapter 2: Crimes against Security Sec. 1 - Abandonment of helpless persons and exploitation of minors Sec. 2 - Trespass to dwelling Sec. 3 - Threats and Coercion Chapter 3: Discovery and Revelation of Secrets R.A. 9372 R.A. 4200 R.A. 9208 Chapter 1: Crimes against Liberty

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SECTION 1. - ILLEGAL DETENTION ARTICLE 267. KIDNAPPING AND SERIOUS ILLEGAL DETENTION ELEMENTS: 1. That the offender is a private individual; 2. That he kidnaps or detains another, or in any other manner deprives the latter of liberty; 3. That the act of detention or kidnapping must be illegal; and 4. That in the commission of the offense, any of the following circumstances are present (detention becomes serious): a. that the kidnapping/detention lasts for more than 3 days, b. committed by 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. Note: If any of these are present, purpose of detention is immaterial

DEATH is imposed in the following instances: [death penalty suspended] 1. if kidnapping is committed for the purpose of extorting ransom either from the victim or from any other person, even if none of the aforementioned circumstances are present in the commission of the offense; and 2. when the victim is killed or dies as a consequence of the detention or is raped or is subjected to torture or dehumanizing acts. NOTES: It is true that for kidnapping to take place, it is not necessary that the victim be placed in an enclosure; neither is it necessary that the detention be prolonged or permanent. However, the essence of kidnapping is the actual deprivation of the victim's liberty coupled with indubitable proof of the intent of the accused to effect such deprivation35. The victims lack of consent is also a fundamental element of kidnapping and serious illegal detention. The involuntariness of the seizure and detention is the very essence of the crime. Although the victim may have inceptually consented to go with the offender to a place but the victim is thereafter prevented, with the use of force, from leaving the place where he was brought to with his consent and is detained against his will, the offender is guilty of kidnapping and serious illegal detention36. Actual demand for ransom is not necessary When detention is for purpose of extorting ransom, its not necessary that one or any of the four circumstances enumerated in (4) are present Essential that there be actual confinement or restriction of the person of the offended party Detention is illegal when not ordered by competent authority or not permitted by law Detention for more than 3 days not necessary when any of the other circumsances are present Special complex crime of kidnapping with murder or homicide where the person kidnapped is killed in the course of the detention regardless of whether the killing was purposely sought or was erely an afterthough When murder and not kidnapping - when the victim is taken from one place to another solely for the purpose of kiling him, the crime committed is murder If Primary and ultimate purpose is to kill, and detention was only incidental Specific intent is determinative of whether the crime comitted is murder or kidnapping


35 36

People v. Obeso, 460 Phil. 625 (2003) People v. Pickrell G.R. No. 120409 (2003)

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ART. 269. UNLAWFUL ARREST ELEMENTS: 1. That the offender arrests or detains another person; 2. That the purpose of the offender is to deliver him to the proper authorities; and 3. That the arrest or detention is not authorized by law or there is no reasonable ground therefor. NOTE: Offender is any person. Either a public officer or private individual may be liable. Public officer either has no authority to arrest or detain a person or has not acted in his official capacity Arrest/ detention refers to warrantless arrests. DELAY IN THE DELIVERY UNLAWFUL ARREST OF DETAINED PERSONS TO THE PROPER JUDICIAL AUTHORITIES (ART 125) the detention is for some the detention is not legal ground authorized by law. ARBITRARY DETENTION UNLAWFUL ARREST the detention is for some the detention is not legal ground authorized by law.

Must be alleged in information and proven by prosecution ARBITRARY DETENTION Committed by a public officer or employee who has duty under law to detain a person who detains a person without legal ground Crime against the fundamental law of the State

ILLEGAL DETENTION Committed by a private individual who unlawfully kidnaps, detains or otherwise deprives a person of liberty. Crime is against personal liberty and security

HOWEVER, if such public officer has no duty to detain a person (e.g. sanitary inspector or clerk), and he detains a person, he is liable under this article ART. 268. SLIGHT ILLEGAL DETENTION ELEMENTS: 1. That the offender is a private person; 2. That he kidnaps or detains another or in any other manner deprives the liberty or he furnishes the place for the perpetuation of the detention; 3. That the act of detention or kidnapping must be illegal; 4. That the crime is committed without the attendance of any of the circumstances enumerated in Art. 267. NOTE: If the participation is to furnish the place for the crime, he is raised to a real co-principal. But if the cooperation is by any other act than furnishing the place, penalty is one degree lower. PRIVILEGED MITIGATING CIRCUMSTANCE (VOLUNTARY RELEASE): If the offender: 1. voluntarily releases the person so kidnapped or detained within 3 days from the commencement of the detention; 2. without having attained the purpose intended; and 3. before the institution of criminal proceedings against him. NOTE: Three requisites must concur Must be shown by the offender that he was in a position to prolong the detention for more than 3 days and yet he released the person detained w/in that time Voluntary release is not considered privileged mitigating if the victim is a woman (considered serious illegal detention)

SECTION 2. KIDNAPPING OF MINORS ART. 270. KIDNAPPING AND FAILURE TO RETURN A MINOR ELEMENTS: 1. That the offender is entrusted with the custody of a minor person ; and 2. That he deliberately fails to restore the said minor to his parents. NOTE: this may also be committed by the mother or father of the child. When committed by a parent, penalty is arresto mayor. Essential element which qualifies the crime: offender is entrusted with the custody of the minor KIDNAPPING & FAILURE KIDNAPPING AND TO RETURN A MINOR SERIOUS ILLEGAL (ART. 270) DETENTION (ART. 267) Punishes the deliberate Offender is not entrusted failure by the person with the custody of the having the custody of the victim minor to restore the minor to parents/guardian

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NOTE: Indebtedness is not a ground for detention. Art. 274. Services rendered under compulsion in payment of debt Elements: 1. That the offender compels a debtor to work for him, either as household servant or farm laborer; 2. That it is against the debtors will; and 3. That the purpose is to require or enforce the payment of a debt. NOTE: Debtor-Creditor relationship must exist otherwise, crime committed is coercion SERVICES RENDERED EXPLOITATION OF UNDER COMPUSION IN CHILD LABOR PAYMENT OF DEBT (Art. 273) (Art. 274) Does not distinguish Victim is a minor whether the victim is a minor or not Debtor is compelled to Minor is compelled to work for offender render services for debt of parent/guardian Limited to household and Service not limited to farm work. household and farm work

ART. 271. INDUCING A MINOR TO ABANDON HIS HOME ELEMENTS: 1. That the minor is living in the home of his parents or guardians or the person entrusted with his custody; and 2. That the offender induces a minor to abandon such home. NOTE: Inducement must be actual, committed with criminal intent and determined by a will to cause damage. The minor should not leave his home of his own free will. Mitigated if committed by the father or mother of the victim. to induce = to influence, to prevail on, to move by persuasion, to incite by motives The minor need not actually abandon his home or home of guardian. Mere commission of any act which tends to influence, persuade or prevail on a minor to abandon his home is what constitutes a crime. Mitigated if committed by the father or mother of the victim. applies to Arts. 270 and 271

SECTION 3. SLAVERY AND SERVITUDE


ART. 272. SLAVERY ELEMENTS: 1. That the offender purchases, sells, kidnaps or detains a human being; and 2. That the purpose of the offender is to enslave such human being. QUALIFYING CIRCUMSTANCE if the purpose is some immoral traffic (Ex. Prostitution). NOTE: purpose must be to enslave the victim; otherwise, it is kidnapping or illegal detention SLAVERY providing services w/o remuneration whatsoever37 ART. 273. EXPLOITATION OF CHILD LABOR ELEMENTS: 1. That the offender retains a minor in his service; 2. That it is against the will of the minor; and 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.

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Chapter 2: Crimes against security

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SECTION 1. ABANDONMENT OF HELPLESS PERSONS AND EXPLOITATION OF MINORS ART. 275. ABANDONMENT OF PERSON IN DANGER AND ABANDONMENT OF ONES OWN VICTIM ACTS PUNISHABLE: 1. By failing to render assistance to any person whom the offender finds in an uninhabited place wounded or in danger of dying, when he can render such assistance without detriment to himself, unless such omission shall constitute a more serious offense; ELEMENTS: a. That place is not inhabited. b. The accused found there a person wounded or in danger of dying. c. The accused can render assistance without detriment to himself. d. The accused fails to render assistance.

Reyes v. Alojado, 16 Phil 499

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ELEMENTS: a. That the offender is a parent; b. That he neglects his children by not giving them education; and c. That his station in life requires such education and his financial condition permits it. NOTE: Obligation to educate children terminates if mother and children refuse without good reason to live with accused. Failure to give education must be due to deliberate desire to evade such obligation. ABANDONMENT OF MINOR ABANDONMENT OF MINOR BY PERSON ENTRUSTED (ART. 276) WITH HIS CUSTODY; INDIFFERENCE OF PARENTS (ART. 277) Custody of offender is Custody stated in general specific for rearing or terms education of minor Minor under 18 years of Minor under 7 years of age age Minor is delivered to a Minor is abandoned in such public institution or other a way to deprive him of person care and protection ARTICLE 278. EXPLOITATION OF MINORS ACTS PUNISHABLE: 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 paragraph 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 paragraph 2 or to accompany any habitual vagrant or beggar, the offender being any person.

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. (may be applied to a lost child). ART. 276. ABANDONING A MINOR ELEMENTS: 1. That the offender has the custody of a child; 2. That the child is under 7 years of age; 3. That he abandons such child; and 4. That he has no intent to kill the child when the latter is abandoned. NOTE: Abandonment must be conscious, deliberate, and permanent. Qualifying circumstances: a. death of the minor; or b. life was in danger because of the abandonment. Parent guilty of abandoning their children shall be deprived of parental authority. Intent to kill cannot be presumed from the death of the child - Such presumption applies only to crimes against persons NOT to crimes against security ART. 277. ABANDONMENT OF MINOR BY PERSON ENTRUSTED WITH HIS CUSTODY; INDIFFERENCE OF PARENTS ACTS PUNISHABLE: 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. Offender has charge of the rearing or education of a minor; To rear means to bring to maturity by educating, nourishing, etc. b. He delivers said minor to a public institution or other persons.; and 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 children by not giving them education which their station in life requires and financial condition permits;

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EXPLOITATION OF INDUCING A MINOR TO MINORS ABANDON HIS HOME (ART. 278, PAR 5) (ART. 271) Purpose of inducing a No such purpose minor to abandon his home is to follow any person engaged in the callings mentioned Victim is under 16 years of Victim is under 18 age 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. Offender shall be deprived of parental authority or guardianship Exploitation of minor must be of such a nature as to endanger his life or safety Art. 279. Additional penalties for other offenses The offender is liable not only for the abandonment or exploitation but also for all its consequences. If as a result, physical injuries or death resulted, another crime is committed by authority of Article 279.

Prohibition must exist prior to or at the time of entrance Prohibition is not necessary when violence or intimidation is employed by the offender. - Violence or intimidation may take place immediately after the entrance 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 (Ex. theft), the crime is trespass to dwelling. Trespass may be committed even by the owner of the dwelling against the actual occupant thereof. If the offender is a public officer, the crime committed is violation of domicile under Art. 128

SECTION 2. TRESPASS TO DWELLING ART. 280. QUALIFIED TRESPASS TO DWELLING ELEMENTS: 1. That the offender is a private person; 2. That he enters the dwelling of another; and 3. That such entrance is against the latters will. QUALIFYING CIRCUMSTANCE: If the offense is committed by means of violence or intimidation. NOTE: There must be an opposition on the part of the owner of the house to the entry of the accused. Mere absent of his consent or permission is not enough. Prohibition may be express or implied Dwelling: any building or structure exclusively devoted for rest and comfort, depends upon use; maybe a room; implied prohibition depending on circumstances Implied prohibition is present considering the following situation. Ex. Felony was committed late at night and everyones asleep or entrance was made through the window.

NOT APPLICABLE TO: 1. Where the entrance is for the purpose of preventing harm to himself, the occupants or a third person. 2. Where the purpose is to render some service to humanity or justice. 3. When the accused entered the dwelling through the window, he had no intent to kill any person inside. His intention to kill came to his mind when he was being arrested by the occupants thereof. Hence, the crime of trespass to dwelling is a separate and distinct offense from frustrated homicide . ART. 281. OTHER FORMS OF TRESPASS ELEMENTS: 1. That the offender enters the closed premises or the fenced estate of another; PREMISES signifies a distinct and definite locality which is fixed 2. That the entrance is made while either of them is uninhabited; 3. That the prohibition to enter be manifest; and 4. That the trespasser has not secured the permission of the owner or the caretaker thereof. QUALIFIED TRESPASS TO OTHER FORMS OF DWELLING (ART. 280) TRESPASS (ART. 281) Offender is a private Offender is any form of person person The offender enters a Offender enters closed dwelling house premises or fenced estate Inhabited Uninhabited Act constituting the crime Entering of closed premises is entering the dwelling without permission against will of owner Prohibition from entering Prohibition must be may be express or implied manifest


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People v. Medina, 59 Phil. 134

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SECTION 3. THREATS AND COERCION


ART. 282. GRAVE THREATS ACTS PUNISHABLE: 1. By threatening another with the infliction upon his person, honor or property or that of his family of any wrong amounting to a crime and demanding money or imposing any other condition, even though not unlawful and the offender attained his purpose. 2. By making such threat without the offender attaining his purpose. 3. By threatening another with the infliction upon his person, honor or property or that of his family of any wrong amounting to a crime, the threat not being subject to a condition. ELEMENTS OF ACT NO. 1: 4. That the offender threatens another person with the infliction upon the latters person, honor or property, or upon the latters family, of any wrong 5. The wrong amounts to a crime 6. There is demand for money of that any other condition is imposed even if not unlawful 7. That the offender attains his purpose ELEMENTS OF ACT NO. 3: 1. That the offender threatens another person with the infliction upon the latters person, honor or property, or upon the latters family, of any wrong 2. The wrong amounts to a crime 3. The threat is not subject to a condition NOTE: Aggravating circumstances: (1) if made in writing, or (2) made through a middleman. The crime is frustrated if the threat was not received by the person being threatened. Consummated as soon as the threats come to the knowledge of the person threatened Threat must not made in heat of anger, because such threat would be punished as Other Light Threats Grave threats may be committed by indirect challenge to a gun fight, even if complainant was absent when challenge was made; it is sufficient that threats came to knowledge of offended party Threats made in connection with the commission of other crimes are absorbed by the latter The offender in grave threats does not demand the delivery on the spot of the money or other personal property asked by him Thats robbery by intimidation

Essential that there be intimidation: that theres a promise of some future harm or injury Act threatened to be done must be wrong ART. 283. LIGHT THREATS ELEMENTS: 1. That the offender makes a threat to commit a wrong; 2. That the wrong does not constitute a crime; 3. That there is a demand for money or that other condition is imposed, even though not unlawful. 4. That the offender has either attained or not attained his purpose NOTE: In light threats, the wrong threatened does not amount to a crime. Requires that there be a demand of money or that other condition be imposed Blackmailing may be punished under this provision. ART. 284. BOND FOR GOOD BEHAVIOUR The person making the threats under the 2 preceding articles (grave and light threats) may also be required by the court to give bail conditioned upon the promise not to molest the person threatened. ART. 284 ART. 35 Bond for good behavior Bond to keep the peace Only for grave threats and Application not to light threats particular cases onlt It is an additional penalty Distinct penalty If he shall faill to give bail, If he failes to give the he shall be sentenced to bond, he shall be detained destierro for a period not exceeding 6 months if prosecuted for grave or less grave felony or 30 days if prosecuted for light felony ART. 285. OTHER LIGHT THREATS ACTS PUNISHABLE: 1. By threatening another with a weapon (even if theres no quarral), or by drawing a weapon in a quarrel, unless it be in lawful self-defense. 2. By orally threatening another, in the heat of anger, with some harm constituting a crime, without persisting in the idea involved in the threat. 3. By orally threatening another with harm not constituting a felony.

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NOTE: The thing prevented from execution must not be prohibited by law. Otherwise, there will be no coercion. Owner of a thing has no right to prevent interference when such interference is necessary to avert greater damage Coercion is consummated even if the offended party did not accede to the purpose of the coercion GRAVE COERCION ILLEGAL DETENTION Intent to deprive the Intent to deprive liberty offended party of his present liberty is not clear GRAVE COERCION MALTREATMENT OF PRISONERS If the offended party is If the offended party is a NOT a prisoner, prisoner, extracting extracting information, information, using force or using force or intimidation is intimidation is coercion maltreatment GRAVE COERCION UNJUST VEXATION Act of preventing by force Act of preventing by force was made at the time the was already done when offended party was doing the violence was exerted or about to do the act prevented ART. 287. LIGHT COERCIONS ELEMENTS OF PAR. 1: 1. That the offender must be a creditor of the offended party; 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; and 4. That the purpose of the offender is to apply the same to the payment of the debt. ELEMENTS OF PAR. 2 (UNJUST VEXATION) Any other coercion or unjust vexation Paragraph 2 of Art. 287 covers unjust vexation. It includes any human conduct which, although not productive of some physical or material harm would, however, unjustly annoy or vex an innocent person. Light coercion under the 1st paragraph of this article will only be unjust vexation if the 3rd element (employing violence or intimidation) is absent.

NOTE: No demand for money or condition involved Threat is not deliberate That which ordinarily are grave threats may be considered under this article if made in the heat of anger Where threats are directed to a person whos absent and uttered in a temporary fit of anger, the offense is only light threats ART. 286. GRAVE COERCIONS TWO WAYS OF COMMITTING GRAVE COERCION 1. By preventing another by means of violence, threats or intimidation, from doing something not prohibited by law. 2. By compelling another by means of violence, threats or intimidation to do something against his will whether it be right or wrong. ELEMENTS: 1. That a person a. prevented another from doing something not prohibited by law or b. compelled another him to do something against his will, be it right or wrong 2. that the prevention or compulsion is effected by violence, threats, or intimidation 3. Without authority of law or not in the exercise of any lawful right WHEN PREVENTING NOT CONSIDERED COERCION: 1. When a public officer prevents the ceremonies of a religious group under Art. 132 2. When a person prevents the meeting of a legislative assembly under Art. 143 3. When a person prevents a member of Congress from attending meetings, expressing his opinions or casting his vote through the use of force or intimidation WHEN COMPELLING NOT COERCION: 1. When a public officer compels a person to change his residence under Art. 127 2. When a person kidnaps his debtor to compel him to pay under Art. 267 AGGRAVATING CIRCUMSTANCES: 1. Violation of the exercise of the right of suffrage 2. Compelling another to perform a religious act or 3. Preventing another from exercising such right or from doing such act (as amended by RA. 7890).

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ART. 288. OTHER SIMILAR COERCIONS (COMPULSORY PURCHASE OF MERCHANDISE AND PAYMENT OF WAGES BY MEANS OF TOKENS) ACTS PUNISHABLE: 1. By forcing or compelling, directly or indirectly, or knowingly permitting the forcing or compelling of the laborer or employee of the offender to purchase merchandise or commodities of any kind from him. 2. By paying the wages due his laborer or employee by means of tokens or objects other than the legal tender currency of the Philippines, unless expressly requested by such laborer or employee. ELEMENTS 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 him 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 of the Philippines. 3. That such employee or laborer does not expressly request that he be paid by means of tokens or objects. ART. 289. FORMATION, MAINTENANCE, AND PROHIBITION OF COMBINATION OF CAPITAL OR LABOR THROUGH VIOLENCE OR THREATS ELEMENTS: 1. That the offender employs violence or threats, in such a degree as to compel or force the laborers or employers in the free and legal exercise of their industry or work; and 2. That the purpose is to organize, maintain or prevent coalitions of capital or labor, strike of laborers or lockout of employees. 3. The act shall not constitute a more serious offense. NOTE: peaceful picketing is not prohibited; must be confined strictly and in good faith to gaining information and to peaceful persuasion and argument - employing violence or making threats by picketers may make them liable for coercion

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Chapter 3: Discovery and revelation of secrets

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CRIMINAL LAW REVIEWER

ART. 290. DISCOVERING SECRETS THROUGH SEIZURE OF CORRESPONDENCE 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; and 4. That offender is informed of the contents or the papers or letters seized. NOTE: SEIZE - to place in the control of someone a thing or to give him the possession thereof and it is NOT necessary that in the act, there be force or violence. This article is not applicable to parents with respect to their minor children or to spouses with respect to the papers or letters of either of them. Contents of the correspondence need not be secret. The purpose of the offender prevails. Qualifying circumstance: When the offender reveals the contents of such papers or letters to a 3rd person. This article does not require that the offended party be prejudiced. DISCOVERING SECRETS PUBLIC OFFICER THROUGH SEIZURE OF REVEALING SECRETS OF CORRESPONDENCE PRIVATE INDIVIDUAL (ART. 290) (ART. 230) Private individual who Public officer comes to seizes the papers or know of secret of any letters of another to private individual by discover the latters reason of his office. secrets. Not necessary that there Public officer comes to be a secret know of secret of any private individual by reason of his office. If there was, not Reveals secret without necessary to be revealed justifiable means ART. 291. REVEALING SECRETS WITH ABUSE OF OFFICE ELEMENTS: 1. That the offender is a manager, employee or servant; 2. That he learns the secrets of his principal or master in such capacity; and 3. That he reveals such secrets.

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NOTE: Damage is not required by this article. Secret must be learned by reason of their employment ART. 292. REVELATION OF INDUSTRIAL SECRETS ELEMENTS: 1. That the offender is a person in charge, employee or workman of a manufacturing or industrial establishment; 2. That the manufacturing or industrial establishment has a secret of the industry which the offender has learned; 3. That the offender reveals such secrets; and 4. That prejudice is caused to the owner. NOTE: Prejudice is an essential element of this offense. The revelation of the secret might be made after the employee or workman had ceased to be connect connected with the establishment.

under R.A. 4200. There must be either a physical interruption through the wiretap or the deliberate installation of a device or arrangement in order to overhear, intercept or record the spoken words.

R.A. 9372 HUMAN SECURITY ACT 2007


SURVEILLANCE OF SUSPECTS (Sec. 7) 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 RESTRICTION OF TRAVEL (Sec. 26) 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. He or 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

PERSONS LIABLE: 1. Any person, not being authorized by all the parties to any private communication or spoken word: a. taps any wire or cable; or b. uses 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 walkie- talkie or tape recorder, or however otherwise described. 2. Any person, whether or not a participant in the above- mentioned acts: a. knowingly possesses any tape record, wire record, disc record, or any other such record or copies thereof of any communication or spoken word; or b. replays the same for any other person/s; or c. communicates the contents thereof, either verbally or in writing, to any other person; or d. furnishes transcriptions thereof, whether complete or partial, to any other person. A peace officer is exempt from liability if his acts were done under lawful order of the court. However, he can only use the recording for the case for which it was validly requested. Information obtained in violation of the Act is inadmissible in evidence in any hearing or investigation. An extension phone is not one of those prohibited

R.A. 4200 ANTI-WIRE TAPPING ACT

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of the court on motion of the prosecutor or of the accused. EXAMINATION OF BANK DEPOSITS AND DOCUMENTS: 1. JUDICIAL AUTHORIZATION (Sec. 27) 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 2. APPLICATION (SEC. 28) 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 persons. UNAUTHORIZED REVELATION OF CLASSIFIED MATERIALS (Sec. 46) 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 Act.

R.A. 9208 ANTI-TRAFFICKING IN PERSONS ACT OF 2003 Section 4. 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;

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(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 abroad. Section 5. 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 pre-departure 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.

Section 6. 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; (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).

END OF DISCUSSION ON TOPIC 9. CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

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10. Crimes Against Property

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TOPICS UNDER THE SYLLABUS: Chapter 1: Robbery in General Sec. 1 - Robbery with violence or intitmidation of persons Sec. 2 - Robbery by the use of force upon things Chapter 2: Brigandage

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Chapter 3: Theft PD 1612 Chapter 4: Usurpation Chapter 5: Culpable Insolvency Chapter 6: Swindling and Other Deceits BP 22 Chapter 7: Chattel Mortgage Chapter 8: Arson and Other Crimes Involving Destructions PD 1613 Chapter 9: Malicious Mischief Chapter 10: Exemption from Criminal Liability in Crimes against Property RA 6539
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a.

result of the violence used, and b. existence of intimidation Value of personal property is immaterial

When committed in an inhabited house, public building, or edifice devoted to religious worship: a. value of the property taken, and b. whether or not offenders carry arms When committed in an uninhabited building: - Value of the property taken

Chapter 1: Robbery in General

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ROBBERY is the taking of personal property belonging to another, with intent to gain, by means of violence against, or intimidation of any person, or using force upon anything.

ARTICLE 293. WHO ARE GUILTY OF ROBBERY ELEMENTS 1. There must be Personal property belonging to another 2. Unlawful taking of that property 3. Taking was with Intent to gain (animus lucrandi) 4. That there is (a) violence against or intimidation of person or (b) force upon anything DISTINCTIONS BETWEEN EFFECTS OF EMPLOYMENT OF VIOLENCE OR INTIMIDATION AND USE OF FORCE UPON THINGS VIOLENCE AGAINST OR FORCE UPON ANYTHING INTIMIDATION OF PERSONS WHEN ROBBERY Always, whenever violence Only when force is used to against or intimidation of either: any person is present a. enter the building, or b. to break doors, wardrobes, chests, or any other kind of locked or sealed furniture or receptacle inside the building or to force them open outside after taking the same from building BASIS OF PENALTY

NOTES: 1. Unlawful taking is complete when a. With violence/intimidation: property must at least be in the possession of the offender b. With force: property must be taken out of the building 2. Intent to gain is presumed from unlawful taking and must concur with personal property belonging to another 3. When violence/intimidation must take place a. General Rule: before taking is complete b. Exception: when violence results in homicide, rape, intentional mutilation, or any of the serious physical injuries under Art. 263, par. 1 and 2 robbery will be complexed with any of those crimes, even if the taking was already complete when the violence was used by the offender 4. Entrance as an element 1. General rule: necessary 2. Exception: A. when the robbery is committed by breaking wardrobes, chests, or any other kind of locked or sealed furniture or receptacle inside an inhabited house, a public building or an edifice devoted to religious worship, or by taking such furniture or objects away to be broken or forced open outside [Art. 299, subdivision (b)]; and B. when the robbery in an uninhabited building, other than a public building or edifice devoted to religious worship, is committed by breaking any wardrobe, chest, or any sealed or closed furniture or receptacle, or by removing a closed or sealed receptacle even if the same be broken open elsewhere [Art. 302, par. 4 and 5] 5. Prohibitive articles may be the subject matter of robbery 6. Taking need not be immediately after the intimidation

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SECTION 1 ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS


ART 294. ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS ACTS PUNISHABLE 1. By reason or on occasion of the robbery, homicide is committed; 2. Accompanied w/ rape or intentional mutilation or arson; 3. By reason or on occasion of robbery, any of the physical injuries resulting in insanity, imbecility, impotency, or blindness is inflicted (Art. 263, par. 1); or serious physical injuries resulting in the loss of the use of speech, or the power to hear or to smell, or the loss of an eye, hand, foot, arm, leg, or the loss of the use of any such member or incapacity for work in w/c victim is habitually engaged is inflicted (Art. 263, par. 2); 4. Carried to a degree clearly unnecessary for the crime; 5. in the course of its execution, inflicts upon any person not responsible for the commission of robbery any of the physical injuries resulting to deformity, loss of any part of the body or the use thereof, or illness or incapacity for the performance of the work for > 90 days or > 30 days (Art. 263, par. 3 and 4); or 6. Does not cause any serious physical injuries defined in Art. 263, or employment of intimidation only. NOTES: 1. The crime defined in this article is a special complex crime 2. On the occasion and by reason of the robbery means in the course or because of robbery PARAGRAPH 1: ROBBERY WITH HOMICIDE a. Homicide is understood in its generic sense (i.e., including parricide and murder) b. Homicide may precede or may occur after robbery; and need not be committed in the place of robbery c. HOWEVER, intent to take personal property belonging to another with intent to gain must precede the killing d. Any person may be killed; the killing of a co-robber is still covered e. Participation and liability i. Principals All who participated as principals in the robbery are principals in robbery with homicide although they did not actually take part in the killing, unless it clearly appears they endeavored to prevent the same39

ii. Accessory: Necessity of knowledge There is an issue regarding the penalty imposable against an accessory. Without knowledge of the killing committed during robbery. Jurisprudence40 provides that such an accessory could not have prevented the same, hence, should be an accessory only to the crime of simple robbery; Art. 53 of the RPC provides that the penalty for an accessory is the penalty lower by two degrees than that prescribed by law for the consummated felony. Since robbery cannot be disintegrated from the special complex crime of robbery with homicide, there is an issue on the basis of such an accessorys penalty f. Distinguished from Highway Robbery Conviction for highway robbery requires proof that several accused were organized for the purpose of committing it indiscriminately PARAGRAPH 2: ROBBERY WITH RAPE a. It is important to determine the primary objective or intent of accused b. Intent to gain from personal property of another must precede the rape c. Rape is committed on the occasion of robbery, even if committed in another place within the house d. When rape and homicide co-exist in the commission of robbery, rape is considered as an aggravating circumstance only to Robbery with Homicide e. There is no Robbery with attempted rape f. Additional rapes committed on the same occasion of robbery will not increase the penalty PARAGRAPH 4: ROBBERY WITH UNNECESSARY VIOLENCE AND INTIMIDATION a. There are two cases provided: i. When the violence or intimidation was carried to a degree clearly unnecessary, or ii. When physical injuries covered by sub. 3 and 4 of Art. 263 were inflicted upon any person not responsible for the commission of robbery b. Violence or intimidation in the first case need not be present before or at the exact moment when the object is taken i. May be committed at any time before the owner is finally deprived of his property


39


40

People v. Carrozo, 342 SCRA 600 (2000); People v. Hernandez, G.R. No. 139697, June 15, 2004

People v. Doble, 114 SCRA 131; People v. Adriano y Sanguesa, 95 SCRA 107

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ART. 295. ROBBERY WITH PHYSICAL INJURIES, COMMITTED IN AN UNINHABITED PLACE AND BY A BAND, OR WITH THE USE OF FIREARM ON A STREET, ROAD OR ALLEY (QUALIFIED ROBBERY) INSTANCES QUALIFYING ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS 1. in an uninhabited place, or 2. by a band, or 3. by attacking a moving train, street car, motor vehicle or airship, or 4. by entering the passengers compartments in a train, or in any manner taking the passengers thereof by surprise in the respective conveyances, or 5. on a street, road, highway or alley and the intimidation is made with the use of firearms, whether licensed or unlicensed. NOTE: This article will not apply to the special complex crimes of robbery w/ homicide, w/ rape, or w/ serious physical injuries under paragraph 1 of Art. 263 must be alleged in the information and proved during trial cannot be offset by generic mitigating circumstances ART. 296. DEFINITION OF A BAND AND PENALTY INCURRED BY MEMBERS THEREOF ROBBERY IS DEEMED COMMITTED BY A BAND: When at least 4 armed malefactors take part REQUISITES FOR LIABILITY FOR THE ACTS OF THE OTHER MEMBERS OF THE BAND: 1. That the accused was a member of the band; 2. That he was present at the commission of a robbery by that band; 3. That the other members of the band committed an assault; and 4. That he did not attempt to prevent the assault. NOTES: 1. If the robbery and assault was committed by a band and or in conspiracy (even if it was for robbery only), all participants are liable; unless: a. The accused prevented the assault or attempted to prevent; or b. The accused is a principal by inducement as to the commission of robbery UNLESS he ordered such killing or the commission of other crimes 2. Proof of conspiracy is not necessary when four or more armed persons committed robbery 3. If rape was committed by one member of the band w/o the knowledge of the others, he alone is guilty of robbery with rape

PARAGRAPH 6: ROBBERY WITH VIOLENCE OR INTIMIDATION IN OTHER CASES a. Acts done, either by their own nature or by reason of the circumstances under which they are executed, must inspire fear in the person against whom they are directed i. objective fright (due to some act on the part of the accused) and NOT subjective fright (fear arising from the mere temperamental timidity of the offended party) THREATS TO EXTORT MONEY DISTINGUISHED FROM ROBBERY THRU INTIMIDATION THREATS TO EXTORT ROBBERY THRU MONEY INTIMIDATION Conditional or future Actual and immediate intimidation intimidation Intimidation may be Intimidation is personal through an intermediary Intimidation may refer to Intimidation is directed only person, honor or property to the offended party of the offended party Gain is not immediate Gain is immediate ROBBERY WITH VIOLENCE DISTINGUISHED FROM GRAVE COERCION ROBBERY WITH VIOLENCE GRAVE COERCION Violence is used Intent to gain No intent to gain ROBBERY DISTINGUISHED FROM BRIBERY ROBBERY BRIBERY The owner of the property The owner of the property didnt commit a crime but is has committed a crime and intimidated to deprive him gives money as way to avoid of his property arrest or prosecution Deprived of money thru Giving of money is in a force or intimidation; neither sense voluntary voluntary nor mutual Example: Accused, a sanitary inspector, demands payment of an amount with threats of arrest and prosecution after inspection in the offended partys store. The crime committed is robbery because the principal distinction from bribery is the voluntariness of the transaction on the part of the owner of the property People v. Fransisco,[ 45 Phil. 819]

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ART 299. ROBBERY IN AN INHABITED HOUSE OR PUBLIC BUILDING OR EDIFICE DEVOTED TO WORSHIP SUBDIVISION (A) A. ELEMENTS 1. That the offender entered a. an inhabited house, or b. public building, or c. edifice devoted to religious worship; 2. 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; and 3. That once inside the building, the offender took personal property belonging to another with intent to gain. B. There must be intention to take personal property in entering the building C. The offender must enter the building in which the robbery was committed (i.e., whole body of the culprit must be inside the building) D. Inhabited house is any shelter, ship or vessel constituting the dwelling of one or more persons even though the inhabitants thereof are temporarily absent therefrom when the robbery is committed E. Public building is every building owned by the Government or belonging to a private person but used or rented by the Government, although temporarily unoccupied by the same F. False keys are genuine keys stolen from the owner or any keys other than those intended by the owner for use in the lock forcibly opened by the offender (Art. 305) G. Picklock or similar tools are those specially adopted to the commission of robbery (Art. 304) H. When the false key is used to open wardrobe or locked receptacle or drawer or inside door, it is only theft I. Using of fictitious name or pretending the exercise of public authority must be the efficient cause of the opening by the offended party of the door of his house to the accused J. The four means described must be resorted to by offender to enter; not to get out SUBDIVISION (B) A. ELEMENTS 1. That the offender is inside a dwelling house, public building, or edifice devoted to religious worship,

ART 297. ATTEMPTED AND FRUSTRATED ROBBERY COMMITTED UNDER CERTAIN CIRCUMSTANCES ATTEMPTED OR FRUSTRATED ROBBERY WITH HOMICIDE 1. The term homicide is used in its generic sense 2. The crime is a special complex crime 3. Attempted or frustrated robbery with serious physical injuries is not covered; it is under Art. 48 4. There must be overt acts pointing to robbery ART 298. EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR INTIMIDATION ELEMENTS: 1. That the offender has intent to defraud another; 2. That the offender compels him to sign, execute, or deliver any public instrument or document; and 3. That the compulsion is by means of violence or intimidation This article is not applicable if the document is void Distinguished from grave coercion When the offended party is under obligation to sign, execute or deliver the document under the law or when there is no intent to defraud, it is grave coercion Public describes instrument only; hence, article applies to private or commercial documents INSTRUMENT DOCUMENT A mere written statement Any written statement by which a right is established or an obligation extinguished; a writing or instrument by which a fact may be proven and affirmed

SECTION 2 ROBBERY BY THE USE OF FORCE UPON THINGS TWO (2) INSTANCES: 1. Offender entered: a. An inhabited house or public building or edifice devoted to religious worship (Art. 299), or b. An uninhabited place or in a private building (Art. 302) 2. If there was no entrance, the offender broke a wardrobe, chest, or any other kind of locked or closed or sealed furniture or receptacle in the house or building, or he took it away to be broken or forced open outside

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ART. 302. ROBBERY IN AN UNINHABITED PLACE OR IN A PRIVATE BUILDING 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; and 3. That with intent to gain, the offender took therefrom personal property belonging to another NOTES: 1. Uninhabited place means an uninhabited building 2. Building includes any kind of structure for storage or safekeeping of personal property 3. Robbery in a store a. Art. 299 if the store is used as a dwelling; or if the store is a dependency of an inhabited house with an interior entrance connected therewith b. Art. 302 if the store is not used as a dwelling 4. taking of mail matter or large cattle in any kind of robbery makes the penalty higher by one degree 5. penalty is based on value of property taken ART. 303. ROBBERY OF CEREALS, FRUITS, OR FIREWOOD IN AN UNINHABITED PLACE OR PRIVATE BUILDING NOTES: 1. When the robbery described in Arts. 299 and 302 consists in the taking of cereals, fruits, or firewood, the penalty is one degree lower. a. Only when robbery is committed by the use of force upon things 2. The palay must be kept by the owner as seedling or taken for that purpose by the robbers a. Does not include taking sacks of hulled rice (bigas) falls under Art. 302 ART. 304. POSSESSION OF PICKLOCKS OR SIMILAR TOOLS ELEMENTS 1. That the offender has in his possession picklocks or similar tools;

regardless of the circumstances under which he entered it; and 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. B. Entrance need not be effected by any of the means mentioned in subdivision (a) C. Doors refer only to doors, lids, or opening sheets of furniture or other portable receptacles not to inside doors of house or building D. When sealed box is taken out for the purpose of breaking it, crime is already consummated robbery. There is no need to actually open it inside the building from where it was taken. E. Distinguished from estafa or theft 1. If the box was confided into the custody of accused and he takes the money contained therein, the crime is estafa 2. If the box was found outside of the building and the accused forced it open, the crime is theft ART 300. ROBBERY IN AN UNINHABITED PLACE AND BY A BAND Penalty in previous article will be the maximum period if: 1. Robbery with force upon things must be committed in an uninhabited place and by a band the inhabited house, public building, or edifice devoted to religious worship MUST be located in an uninhabited place AS OPPOSED TO: Robbery with violence against or intimidation of persons must be committed in an uninhabited place or by a band ART 301. WHAT IS AN INHABITED HOUSE, PUBLIC BUILDING, OR BUILDING DECLARED TO RELIGIOUS WORSHIP AND THEIR DEPENDENCIES REQUISITES FOR DEPENDENCIES All interior courts, corrals, warehouses, granaries or enclosed places must be: 1. Contiguous to the building; 2. Having an interior entrance connected therewith, and 3. Forming part of the whole place is still considered inhabited even if the occupant is absent when robbery occured

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2.

That such picklocks or similar tools are specially adopted to the commission of robbery; and 3. That the offender does not have lawful cause for such possession Actual use of the picklocks or similar tools is not necessary liability of a locksmith is higher than that of a mere possessor ART. 305. FALSE KEYS WHAT CONSTITUTE 1. Picklocks or similar tools, 2. Genuine keys stolen from the owner; and 3. Any key other than those intended by owner for use in the lock forcibly opened by the offender. If the key was entrusted to the offender and he used it to steal, crime is not robbery but theft. Possession of false keys in (2) and (3) are not punishable

occasion Mere formation of a band is sufficient to convict It is necessary to prove actual commission of robbery

Both require that the offenders form a band of robbers THINGS TO PROVE: 1. that there is an organization of more than 3 armed persons forming a band of robbers 2. that the purpose of the band is any of those enumerated 3. that they went upon the highway or roamed upon the country for that purpose 4. that the accused is a member of the band ART. 307. AIDING AND ABETTING A BAND OF BRIGANDS ELEMENTS: 1. That there is a band of brigands; 2. That the offender knows the band to be of brigands; and 3. That the offender does any of the following acts: a. he in any manner aids, abets or protects such band of 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. PRESUMPTION OF LAW AS TO KNOWLEDGE Any person performing any of the acts provided in this article has performed them knowingly, unless the contrary is proven ================================================

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Chapter 2: Brigandage

================================================ ART. 306. WHO ARE BRIGANDS PENALTY ELEMENTS: 1. There are at least 4 armed persons 2. They formed a band of robbers 3. The purpose is any of the following: a. to commit robbery in the highway or b. to kidnap persons for the purpose of extortion or to obtain ransom, or c. to attain by means of force and violence any other purpose NOTES: 1. The existence of any of the purpose mentioned is sufficient (i.e., mere formation) to convict 2. If any of the members carries unlicensed firearm, all are presumed highway robbers or brigands 3. Arms carried need not necessarily be firearmsas long as they are deadly weapons BRIGANDAGE DISTINGUISHED FROM ROBBERY BY A BAND BRIGANDAGE ROBBERY BY A BAND Purposes are those enumerated above Purpose is only to commit robbery, not necessarily in highway Agreement is to commit only a particular robbery

Chapter 3: Theft

================================================

Agreement to commit robbery not limited to one

ART. 308. WHO ARE LIABLE FOR THEFT ELEMENTS: 1. That there be taking of personal property; 2. That said property belongs to another; 3. That the taking be done with intent to gain; 4. That the taking be done without the consent of the owner; and 5. That the taking be accomplished without the use of violence against or intimidation of persons or force upon things.

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PERSONS LIABLE 1. Those who: a. with intent to gain, b. but without violence against or intimidation of persons nor force upon things c. take personal property of another d. without the latters consent. 2. Those who: a. having found lost property, b. fail to deliver the same to the local authorities or its owner. Retention of money/property found is theft. What is punished is retention or failure to return with intent to gain. The offenders knowledge of the identity of the owner of the property is not required. His knowledge that the property is lost is enough. 3. Those who: a. after having maliciously damaged the property of another, b. remove or make use of the fruits or object of the damage caused by them. Killing the cattle of another which destroyed his(offenders) property and getting meat for himself is theft 4. Those who a. enter an enclosed estate or a field where b. trespass is forbidden or which belongs to another and, c. without the consent of its owner, hunt, fish or gather fruits, cereals or other farm products Fishing should not be in the fishpond or fishery within the field or estate; otherwise, it is qualified theft under Art. 310. NOTES: 1. Unlawful taking consummates theft even in the absence of the opportunity to dispose of the personal property taken. The presumed inability of the offenders to freely dispose of the stolen property does not negate the fact that the owners have already been deprived of their right to possession upon the completion of the taking. People v. Villanueva, [G.R. No. 160188, June 21, 2007], overturning the ruling in People v. Dio, 45 O.G. 3446, 18 February 1948, and People v. Flores, C.A 62 O.G. 2644, 1964 holding that the determinative fact of consummation of theft is the ability of the offender to dispose freely of the articles stolen)

Taking is consummated the moment the offender has full possession of the thing even if he did not have an opportunity to dispose of the same; it does not require the taking away or carrying away a. unless the thing to be taken is bulky, it is consummated only when the offender is able to place it under his control and in such a situation as he could dispose of it at once; in the case of bulky goods, the ability to dispose freely is restricted 41 2. The taking must be accompanied by the intention, at the time of the taking, of withholding the thing with character of permanency42 3. Intent to gain is presumed from the unlawful taking a. Except if the person takes the thing from another believing in good faith to be his own 4. Consent (of owner) contemplated in the element of theft refers to consent freely given and not merely implied from silence of the owner a. Allegation of lack of consent is indispensable DISTINGUISHED FROM ESTAFA THEFT ESTAFA If only material possession If juridical possession is (i.e. custody of object) was transferred (Ex., by a given to the accused and it contract of bailment) to the is actually taken by him with accused and he takes the no intent to return property with intent to gain DISTINGUISHED FROM ROBBERY THEFT ROBBERY If violence or intimidation is If violence or intimidation committed after taking is committed after taking is complete complete results in homicide, rape, intentional mutilation, or serious physical injuries as a special complex crime Force is absorbed Force is employed to enter Sufficient that consent on Necessary that there should the part of the owner is be a taking against the will lacking of the owner 5. In theft of lost property, it is necessary to prove: a. Time of the seizure of the things b. That it was lost property belonging to another, and


41 42

People v. Flores, C.A., 62 O.G 2644 People v. Rico, et al. C.A., 50 O.G. 3103; Peple v. Galang, et al. C.A., 43 O.G. 577

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That the accused having had the opportunity to return or deliver the lost property to its owner or to the local authorities, refrained from doing so 6. No frustrated theft 7. Actual or real gain is not necessary; enough that on taking the property, the accused was actuated by the desire or intent to gain 8. Unless force upon things is used to enter a building, it is theft and not robbery EXCEPT it is robbery when a furniture, chest, or other locked/sealed receptacle is broken in the house or building or taken therefrom and broken outside 9. When a person possesses part of recently stolen property, he is presumed to be the thief of all unless he has a satisfactory explanation of his possession 10. Theft is NOT a continuing offense ART 309. PENALTIES BASIS 1. The value and/or the nature of the thing taken, or 2. The circumstances or causes that impelled the culprit to commit the crime If there is no evidence of the value of the property stolen, the court should: a. impose the minimum penalty involving the value of P5.00 b. take judicial notice of its value ART 310. QUALIFIED THEFT CIRCUMSTANCES 1. It is committed by a domestic servant, or 2. Committed with grave abuse of confidence, or 3. The property stolen is a: a. motor vehicle, b. mail matter, c. large cattle, d. coconut from the premises of a plantation (whether still in the tree or deposited on the ground), e. fish from a fishpond or fishery 4. Committed on the occasion of calamities, vehicular accident and civil disturbance. NOTES: 1. Grave abuse of confidence necessitates a high degree of confidence between the offender and the offended party. (Ex. guests). 2. Theft is qualified if it is committed by one who has access to the place where stolen property is kept. (Ex. security guards, tellers) 3. Theft by laborer is only simple theft; not all theft by housemate is qualified theft

c.

4.

Novation theory applies only when theres contractual relationship between the accused and complainant 5. Large cattle animal must be taken alive OTHER CIRCUMSTANCES 1. Theft of motor vehicle a. Anti-Carnapping Act of 1972 (R.A. 6539) 2. Theft of large cattle a. Anti-Cattle Rustling Law of 1974 ART 311. THEFT OF THE PROPERTY OF THE NATIONAL LIBRARY AND NATIONAL MUSEUM It has a fixed penalty regardless of its value

P.D. 1612 & ITS IMPLEMENTING RULES AND REGULATIONS ANTI-FENCING LAW
I. FENCING 1. FENCING An act, with intent to gain, of buying, selling, receiving, possessing, keeping, or in any other manner dealing in anything of value which a person knows or should have known to be derived from the proceeds of the crime of robbery or theft. 2. FENCE A person who commits the act of fencing. A fence who receives stolen property as above-provided is not an accessory but a principal in the crime defined in and punished by the Anti-Fencing Law. II. 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. III. DUTY TO OBTAIN CLEARANCE OR PERMIT TO SELL (AS AN EXCEPTION) a. All stores, establishments or entities dealing in the buy and sell of any good, article item, object of anything of value, b. The merchandise was obtained from an unlicensed dealer or supplier, c. Before offering the same for sale to the public, and d. 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 (a) fails to secure the clearance or permit required by this section or (b) violates any of the provisions of the rules and regulations to be promulgated to carry out this section, shall upon conviction be punished as a fence

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================================================

Chapter 4: Usurpation

2. 3.

================================================ ART. 312. OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL RIGHTS IN PROPERTY ELEMENTS 1. That the offender a. takes possession of any real property, or b. 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 of real rights in property; and 4. That there is intent to gain DISTINGUISHED FROM THEFT OR ROBBERY USURPATION THEFT OR ROBBERY Occupation or usurpation Taking or asportation Involves real property or real Involves personal property right Intent to gain NOTES: 1. Violence/intimidation must be the means used in occupying real property or usurping real right belonging to another 2. Criminal action is not a bar to civil action for forcible entry Art. 313. Altering boundaries or landmarks 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; and 2. That the offender alters said boundary marks. Intent to gain or fraudulent intent is not necessary; mere alteration is sufficient Alter has a general and indefinite meaning; to make different without changing into something else

Offender absconds with his property; and That there be prejudice to his creditors. Actual prejudice is required; mere intention to prejudice is not sufficient o may involve real property INSOLVENCY LAW FRAUDULENT INSOLVENCY No requirement; not necessary that defendant should have been adjudged bankrupt or insolvent

That the criminal act should have been committed after the institution of insolvency proceedings, before the Law applies

================================================

================================================

Chapter 5: Culpable Insolvency

================================================ ART. 314. FRAUDULENT INSOLVENCY ELEMENTS: 1. Offender is a debtor; that is, he has obligations due and payable;

Chapter 6: Swindling and Other Deceits ================================================ ART. 315. SWINDLING (ESTAFA) ELEMENTS, IN GENERAL 1. Accused defrauded another a. by abuse of confidence, or b. by means of deceit; and 2. That damage or prejudice capable of pecuniary estimation is caused to the offended party or third person. The element of damage or prejudice may consist in: a. That the offended party being deprived of his money or property, as a result of the defraudation, b. Disturbance in property rights, or c. Temporary prejudice WAYS OF COMMITTING ESTAFA A. Estafa With unfaithfulness or abuse of confidence 1. Altering the substance Elements: a. Offender has an onerous obligation to deliver something of value; b. That he alters its substance, quantity, or quality; and c. That damage or prejudice is caused to another. when theres no agreement as to the quality of the thing to be delivered, the delivery of the thing not acceptable to the complainant is not estafa crime may arise even though the obligation is based on an immoral or illegal consideration

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2.

By misappropriation or conversion 2.1. Elements a. 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; b. That there be misappropriation or conversion of such money or property by the offender, or denial on his part of such receipt; c. That such misappropriation or conversion or denial is to the prejudice of another; and d. That there is a demand made by the offended party to the offender. 2.2. NOTES: a. Juridical possession (right of possession which may be set up against its owner) is transferred i. As opposed to (a) transfer of material possession which results in theft, or (b) transfer of ownership which results in civil liability only ii. It is presumed that the possession of, and title to, the thing delivered remains in the owner, when the delivery of a chattel has not the effect of transferring the juridical possession thereof, or title thereto iii. Includes quasi-contracts and certain contracts of bailment (deposit, lease, commodatum, but not mutuum [loan of money]) iv. Criminal liability for estafa is not affected by subsequent novation of contract after estafa has already been consummated or incurred, or after criminal information/complaint has already been filed b. Second element: 3 ways of committing estafa w/ abuse of confidence: Misappropriation, conversion, denial i. Misappropriation is to take something for ones own benefit ii. Conversion is to use or dispose of anothers property as if it were ones own c. Third element: Prejudice refers to another or any third person and not merely to the owner

d.

e. ESTAFA WITH ABUSE OF CONFIDENCE VS. THEFT ESTAFA WITH ABUSE OF THEFT CONFIDENCE Offender receives the thing Offender takes the thing from the offended party If in receiving the thing, the If in receiving the thing, the offender acquired not only offender acquired only material but also juridical material or transitory possession of the thing possession, while the juridical possession remains with the offended party TEST TO DISTINGUISH ESTAFA FROM THEFT: Whether or not the owner expects the immediate return of the thing he delivered to the accused: a. if yes, it is theft; b. otherwise, it is estafa; unless the offender is a servant, domestic, or employee where custody is only precarious

i. A partner may be liable for estafa if he misappropriates the share of another partner in profits or if he receives money/property for a specific purpose and later misappropriates it Fourth element: Demand is not required by law; but it is necessary to provide circumstantial evidence, if there is failure to account upon demand Demand is not dispensed with even if: i. the offender cannot be located; BUT in People v. Villegas [56 O.G. 11, 1938], if the offender is in hiding, it is a clear indication of a premeditated intention to abscond with the thing received and the offender could not have complied with the demand even if made, hence, demand is not necessary or ii. there was an agreement upon specific time for delivery or return of the things received; BUT in People v. Librea [48 O.G. 5305], if the receipt signed by the accused stipulated a specified date for the return of the thing, such specified date is in itself a demand dispensing with the need for a subsequent demand to be made There is no estafa through negligence

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and for a temporary purpose or for a short period, hence, juridical or constructive possession remains with the owner (Constructive possession is when the owner still has under his control and management and subject to his disposition the thing even if actual physical possession is already transferred) DISTINGUISHED FROM MALVERSATION ESTAFA WITH ABUSE OF MALVERSATION CONFIDENCE Offenders are entrusted with funds or property Continuing offense Always involves private Involves public funds or funds property Offender is a private Offender is a public officer individual, or a public officer accountable for public funds not accountable for public funds Committed by Committed by misappropriating, appropriating, taking or converting, denying having misappropriating or received money consenting, or, through abandonment or negligence, permitting another to take 3. By taking undue advantage of the signature of the offended party in blank 3.1. Elements a. That the paper with the signature of the offended party be in blank; b. That the offended party should have delivered it to offender; c. That above the signature of the offended party a document is written by the offender without authority to do so; and d. That the document so written creates a liability of, or causes damage to, the offended party or any third person. 3.2. If the paper with signature in blank was stolen, the crime is falsification if the offender made it appear that the victim participated in a transaction when in fact he did not so participate. B. By means of deceit 1. Elements a. That there must be a false pretense, fraudulent act or fraudulent means b. That such false pretense, fraudulent act or fraudulent means must be made or executed

c.

d.

prior to or simultaneously with the commission of the fraud; 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; and That as a result thereof, the offended party suffered damage. THEFT Involves only material or physical possession May or may not involve deceit

ESTAFA BY MEANS OF DECEIT Involves both material or physical possession and juridical possession Always involves deceit

2. Two ways of committing: a. By means of false pretense or fraudulent act, or b. Through fraudulent means B.1. By means of false pretense or fraudulent act 1. By using fictitious name, or falsely pretending to possess power, influence, qualifications, property, credit, agency, business or imaginary transactions, or by means of other similar deceits a. It is indispensable that the element of deceit (i.e., the false statement or fraudulent representation) be made prior to, or at least simultaneously with, the delivery of the thing such that the deceit uses constitutes the very cause or the only motive which induces the complainant to part with the thing 2. By altering the quality, fineness, or weight of anything pertaining to his art or business 3. By pretending to have bribed any Government employee, without prejudice to the action for calumny which the offended party may deem proper to bring against the offender 4. By postdating a check, or issuing a check in payment of an obligation when the offender had no funds in the bank, or his funds deposited therein were not sufficient to cover the amount of the check

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a.

b.

c.

d.

e.

Prima facie evidence of deceit: failure to deposit the amount necessary to cover check within three (3) days from receipt of notice from bank of dishonor for insufficiency of funds The check issued must be genuine, and not falsified; otherwise, it is estafa by means of false pretense or through falsification The obligation covered by the check must be contracted at the time of the issuance and delivery of the check; otherwise (i.e., if for a pre-exisiting obligation), there is no estafa The accused must be able to obtain something from the offended party by means of the check damage done against the offended part There is no estafa if the postdated checks are issued and intended merely as a security

2.

BOUNCING CHECKS LAW (B.P. 22) PLUS ADMINISTRATIVE CIRCULAR NO. 12-2000 RE: PENALTY FOR VIOLATION OF B.P. 22 AND ADMINISTRATIVE CIRCULAR NO. 13-3001 RE: CLASSIFICATION OF AC 12- 2000

TWO WAYS OF COMMITTING: A. BY KNOWINGLY MAKING OR DRAWING AND ISSUING ANY CHECK WITH INSUFFICIENT FUNDS OR CREDIT 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 (a) is subsequently dishonored by the drawee bank for insufficiency of funds or credit, or (b) would have been dishonored for the same reason had not the drawer, without any valid reason, ordered the bank to stop payment. B. BY FAILING TO KEEP SUFFICIENT FUNDS IN OR CREDIT WITH THE DRAWEE BANK ELEMENTS: 1. That a person has sufficient funds in or credit with the drawee bank when he makes or draws and issues a check;

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; and 3. That the check is dishonored by the drawee bank. NOTES: 1. The gravamen of BP 22 is the issuance of a check; hence, the act is malum prohibitum 2. It is no defense that: a. Under the first way of violating BP22, the drawer ordered the bank to stop payment, if the check would have been dishonored for insufficient funds had the order not been made; unless the order was made for a valid reason (e.g. wrong payee) b. Under the second way of violating BP22, the drawer had sufficient funds in or credit with the drawee bank because the drawer is ought to keep sufficient funds or maintain a credit to cover the check 3. Prima facie evidence of knowledge of insufficiency of funds: when presented within 90 days from the date of the check; Except: when the maker or drawer (a) pays the holder thereof the amount due thereon, or (b) makes arrangements for payment in full by the drawee of such check within five (5) banking days after receiving notice of dishonor 4. An acquittal or conviction of the drawer under the Revised Penal Code is not a bar to his prosecution or conviction under BP 22, because the latter law requires the additional fact of the drawers knowledge of lack of insufficiency of funds SC ADMIN. CIRCULAR 12-2000: 1. The circular provides that in a BP22 conviction, the judge, in his discretion, may impose fine alone, without imprisonment. 2. The fine should be not less than but nor more than double the amount of the dishonored checks. 3. The circular is not a penal law, hence there is no retroactivity in favor of the accused. The circular applies only to cases pending at its effectivity. [Joya v. Galvez (2003)] 4. The circular merely lays down a rule of preference. It does not amend BP22. It merely urges the courts to take into account not only the purpose of the law but also the circumstances of the accused whether he acted in good faith or on clear mistake of faith without taint of negligence. Thus, imprisonment may still be imposed. [Joya vs. Galvez (2003)]

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DISTINGUISHED ESTAFA BY POSDATING A CHECK FROM BOUNCING CHECKS LAW

b. c.

ESTAFA BY POSTDATING A CHECK [ART. 315, PAR. 2(D)]

BOUNCING CHECKS LAW (B.P. 22)

That the offender removed, concealed, or destroyed any of them That the offender had intent to defraud another

Offender employed deceit

No deceit employed; malum prohibitum

Payee or person using receiving No damage necessary the check must be defrauded or damaged (damage being the basis of penalty) Does not cover checks issued for a pre-existing obligation

May be issued to cover for pre-existing obligation

5. By any of the following acts committed at a hotel, inn, restaurant, boarding house, lodging house, or apartment house: a. By obtaining food, refreshment or accommodation therein without paying therefor, with intent to defraud the proprietor or manager thereof b. By obtaining credit therein by the use of any false pretense c. By abandoning or surreptitiously removing any part of his baggage from therein after obtaining credit, food, refreshment, or accommodation therein, without paying therefor B.2. Through fraudulent means 1. By inducing another to sign any document ELEMENTS: a. That the offender induced the offended party to sign a document b. That deceit be employed to make him sign the document c. That the offended party personally signed the document d. That prejudice be caused 2. 3. By resorting to some fraudulent practice to insure success in a gambling game By removing, concealing or destroying documents ELEMENTS: a. That there be court record, office files, documents or any other papers;

DISTINGUISHED FROM FALSIFICATION ESTAFA BY INDUCING FALSIFICATION ANOTHER TO SIGN ANY DOCUMENT Misrepresentations as to the Offended party was willing character of the documents and ready from the executed beginning to sign the document, in the belief it contained statements made by him; but the offender, in preparing the document, attributed statements different from those made by the offended party DISTINGUISHED FROM MALICIOUS MISCHIEF ESTAFA BY DESTROYING MALICIOUS MISCHIEF DOCUMENTS (ART. 327) [ART. 315, PAR. 3(C)] Intent to defraud Intent to defraud is not required

DISTINGUISHED FROM INFIDELITY IN CUSTODY OF DOCUMENTS ESTAFA BY REMOVING, INFIDELITY IN CUSTODY CONCEALING, OR (ART. 226) DESTROYING DOCUMENTS [ART. 315, PAR. 3(C)] Similar in the manner of committing the offense Offender is a private Offender is a public officer individual or even a public who is officially entrusted officer who is not officially with the document entrusted with the documents Intent to defraud Intent to defraud is not required Complex crime of estafa and theft It is committed when theft is employed as a necessary means to commit estafa. People vs. Yusay [60 Phil. 598] illustrates: A owns pawnshop tickets which he entrusted to B for safekeeping. A forgot about the incident and a week later, C took the ticket from B and refused to return it despite insistent demands made by B. Then C redeemed jewels using the ticket without knowledge and consent of A and B. C committed theft, as a necessary means to commit

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estafa C took the ticket with intent to gain and without the consent of either A or B; C then used a fictitious name to redeem the jewels, thereby committing estafa. NOTE: Damage caused without deceit or without abuse of confidence gives rise only to civil liability ART 316. OTHER FORMS OF SWINDLING NOTE: There must be actual damage, not merely intent to cause damage, in view of the basis of the penalty which is the value of the damage caused, as provided in the provision 1. BY CONVEYING, SELLING, ENCUMBERING, OR MORTGAGING ANY REAL PROPERTY, PRETENDING TO BE THE OWNER OF THE SAME. ELEMENTS: a. That the thing be immovable, such as a parcel of land or a building; b. That the offender, who is not the owner of said property, represented that he is the owner thereof; c. That the offender should have executed an act of ownership (selling, leasing, encumbering or mortgaging the real property); d. That the act be made to the prejudice of the owner or a third person. NOTE: a. Claim of ownership is different from pretense of ownership: the former cannot be said to have pretended to be the owner even if his claim is defective, hence, not liable under this article b. Distinguished from estafa by falsely pretending to possess property ESTAFA BY SELLING, ESTAFA BY FALSELY ENCUMBERING, OR PRETENDING TO MORTGAGING ANY REAL POSSESS PROPERTY PROPERTY, PRETENDING TO [ART. 315, PAR. 2(A)] BE OWNER (ART. 316, PAR.1) Involves only real property Involves either personal or real property The offender exercises or Such exercise or execution executes, as part of the false need not be present representation, some act of dominion or ownership over the property

2.

BY DISPOSING OF REAL PROPERTY AS FREE FROM ENCUMBRANCE, ALTHOUGH SUCH ENCUMBRANCE BE NOT RECORDED ELEMENTS: a. That the thing disposed of be real property; b. That the offender knew that the real property was encumbered, whether the encumbrance is recorded or not. c. That there must be express representation by the offender that the real property is free from encumbrance; and d. That the act of disposing of the real property be made to the damage of another. NOTE: a. The encumbrance must be legally constituted, notwithstanding the provision although such encumbrance be not recorded b. The offended arty must have been deceived, i.e., he would not have granted the loan had he known that the property was already encumbered c. If personal property is involved, apply Art. 319 3. BY WRONGFULLY TAKING BY THE OWNER OF HIS PERSONAL PROPERTY FROM ITS LAWFUL POSSESSOR ELEMENTS: a. That the offender is the owner of personal property; b. That said personal property is in the lawful possession of another; c. That the offender wrongfully takes it from its lawful possessor; and d. That prejudice is thereby caused to the possessor or third person. NOTE: a. The act is punishable as theft when the owner of a property took it without the consent of the lawful possessor, then charged the possessor with the value of the property because there is intent to gain b. Wrongful taking does not include violence: i. With intent to gain robbery ii. Without intent to gain grave coercion 4. BY EXECUTING A FICTITIOUS CONTRACT TO THE PREJUDICE OF ANOTHER DISTINGUISHED FROM FRAUDULENT INSOLVENCY ESTAFA BY EXECUTING ANY FRAUDULENT INSOLVENCY FICTITIOUS CONTRACT (ART. 316) (ART. 316, PAR. 4) Offender simulates a The conveyance is real and

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ART. 318. OTHER DECEITS PUNISHABLE ACTS 1. By defrauding or damaging another by any other deceit not mentioned in preceding articles; and 2. By interpretating dreams, making forecasts, fortune- telling, or by taking advantage of the credulity of the public in any other similar manner for profit or gain. NOTE: Damage to the offended party is required SCOPE any other kind of conceivable deceit may fall under this article ================================================

conveyance of his property made for a consideration 5. BY ACCEPTING ANY COMPENSATION FOR SERVICES This crime requires fraud; otherwise, solution indebiti results for which a civil obligation arises If the money in payment of a debt and delivered to a wrong person and refused or failed to return the money to the owner thereafter, it is estafa by denial of receipt of money, under Art. 315, 1(b) 6. BY SELLING OR MORTGAGING OR ENCUMBERING REAL PROPERTY OR PROPERTIES WITH WHICH THE OFFENDER GUARANTEED THE FULFILMENT OF HIS OBLIGATION AS SURETY ELEMENTS: a. That the offender is a surety in a bond given in a criminal or civil action; b. That he guaranteed the fulfillment of such obligation with his real property or properties; c. That he sells, mortgages, or, in any other manner encumbers said real property; d. That such sale, mortage or encumbrance is i. without express authority from the court, or ii. made before the cancellation of his bond, or iii. before being relieved from the obligation contracted by him. ART. 317. SWINDLING A MINOR ELEMENTS: 1. That the offender takes advantage of the inexperience or emotions or feelings of a minor; 2. That he induces such minor a. to 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; and 4. That the transaction is to the detriment of such minor. NOTES: 1. It is sufficient that the offender takes advantage of the inexperience or emotions of the minor 2. Actual proof of deceit or misrepresentation is not necessary 3. Real property is not included

Chapter 7: Chattel Mortgage

================================================ ART. 319. REMOVAL, SALE OR PLEDGE OF MORTGAGED PROPERTY ACTS PUNISHABLE 1. KNOWINGLY REMOVING MORTGAGED PERSONAL PROPERTY 1.1. ELEMENTS: a. That personal property is mortgaged under the Chattel Mortage Law; b. That the offender knows that such property is so mortgaged; c. 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; d. That the removal is permanent; and e. That there is no written consent of the mortgagee or his executors, administrator or assignees to such removal. NOTE: a. The offender need not be the mortgagor; it may be any person b. Purpose is to protect mortgagee who should be able to have a ready access to, and easy reach of the property subject of mortgage c. Chattel mortgage must be registered d. Removal must be coupled with intent to defraud e. Filing a civil action for collection instead for foreclosure of chattel mortgage relieves the accused of criminal responsibility

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ART. 320. DESTRUCTIVE ARSON (AS AMENDED BY R.A 7659) The penalty of reclusion perpetua to death shall be imposed upon: 1. Any person who shall burn a. One or more buildings or edifices, consequent to one single act or simultaneous acts of burning b. Building of public or private ownership generally open to public or where people usually gather or congregate for a purpose, regardless of whether the offender had knowledge that there are persons present or whether building is inhabited or not c. Train or locomotive, ship or vessel, airship or airplane, for transportation or conveyance, public use, leisure or entertainment d. Building, factory, warehouse and any appurtenance thereto for service of public utilities e. Any building to conceal/destroy incriminatory evidence, conceal bankruptcy, defraud creditors, or collect from insurance f. Arsenal, military storehouse or powder factory and the like, archives or general museum of the Government g. Any factory/storehouse of inflammable or explosive materials, in an uninhabited place 2. Two (2) or more persons or a group of persons a. Irrespective of the abovementioned qualifying circumstances, and b. Regardless of whether the purpose is merely to burn or destroy or as an overt act to commit another violation of law THREE (3) STAGES 1. Attempted: offender commences the commission of the crime directly by overt acts but he does not perform all acts of execution (i.e., was not able to light fire) due to timely intervention of another. It is not necessary that there be a fire (e.g., placing rags soaked in gasoline beside the wooden wall of building) 2. Frustrated: offender was able to light fire, but no part of the building burned 3. Consummated: offender was able to light fire and to burn at least a part of building (e.g., charring of the wood whereby the fiber of the wood is destroyed); Except when the contents of a building was set on fire, no part of the building need be burned

2.

SELLING OR PLEDGING PERSONAL PROPERTY ALREADY PLEDGED 2.1 ELEMENTS: a. That personal property is already pledged under the terms of the Chattel Mortgage Law; b. That the offender, who is the mortgagor of such property, sells or pledges the same or any part thereof; and c. 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 NOTE: a. Damage to mortgagee is not essential i. If damage accrues, it may give rise to estafa by means of deceit DISTINGUISHED FROM ESTAFA BY DISPOSING OF ENCUMBERED PROPERTY (ART. 316) SELLING OR PLEDGING ESTAFA BY DISPOSING OF PERSONAL PROPERTY ENCUMBERED PROPERTY ALREADY PLEDGED (ART. 316, PAR. 2) (ART. 319, PAR.2) Both involve the selling of mortgaged property Personal property is Real property is involved involved (except if house is subject to chattel mortgage) Committed by the mere It is sufficient that the real failure to obtain the property mortgaged be sold consent of the mortgagee in as free, even though the writing, even if the offender vendor may have obtained should inform the the consent of the purchaser that the thing mortgagee in writing sold is mortgaged Consent of mortgagee is Consent of mortgagee is material; knowledge as to immaterial encumbrance is no Purpose is to protect the Purpose is to protect the mortgagee purchaser

========================================== Chapter 8: Arson and Other Crimes Involving Destruction ==========================================


ARSON is the malicious destruction of property by fire THREE (3) CATEGORIES OF THE CRIME OF ARSON A. Destructive Arson (Art. 320, as amended by R.A. 7659) B. Simple Arson (Sec. 1, P.D. 1613) C. Other cases of arson (Sec. 3, P.D. 1613)

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P.D. 1613 ANTI-ARSON LAW


4. 5.

P.D. 1613 expressly repealed or amended Arts. 320-326(B); P.D. 1744 then revived Art. 320; R.A. 7659 amended the provisions of Art. 320; the provisions of P.D. 1613 inconsistent with R.A. 7659 is repealed A. SIMPLE ARSON (under Sec. 1) punishable by Prision Mayor against: 1. Any person who burns or sets fire to the property of another 2. Any person who sets fire to his own property under circumstances which expose to danger the life or property of another B. OTHER CASES OF ARSON (under Sec. 3) punishable by Reclusion Temporal to Reclusion Perpetua, if property burned be any of: 1. Any building used as offices of the government or any of its agencies 2. Any inhabited house or dwelling; It is not required that the house be occupied by one or more persons and the offender knew it when the house was burned 3. Any industrial establishment, shipyard, oil well or mine shaft, platform or tunnel; 4. Any plantation, farm, pastureland, growing crop, grain field, orchard, bamboo grove or forest; 5. Any rice mill, sugar mill, cane mill or mill central; and 6. Any railway or bus station, airport, wharf or warehouse. SPECIAL AGGRAVATING circumstances in arson (penalty imposed in maximum period): 1. If committed with intent to gain; 2. If committed for the benefit of another; 3. If the offender is motivated by spite or hatred towards the owner or occupant of the property burned; or 4. If committed by a syndicate. PRIMA FACIE EVIDENCE OF GUILT 1. If the fire started simultaneously in more than one part of the building or establishment 2. If substantial amount of flammable substances or materials are stored within the building not of the offender nor for household use 3. If gasoline, kerosene, petroleum or other flammable or combustible substances or materials soaked therewith or containers thereof, or any mechanical, electrical, chemical, or electronic contrivance designed to start a fire, or ashes or traces of any of the foregoing are found in the ruins or premises of the burned building or property

6.

7.

If the building or property is insured for substantially more than its actual value at the time of the issuance of this policy If during the lifetime of the corresponding fire insurance policy more than two fires have occurred in the same or other premises owned or under control of the offender and/or insured If shortly before the fire, a substantial portion of the effects insured and stored in a building or property had been withdrawn from the premises except in the ordinary course of business If a demand for money or other valuable consideration was made before the fire in exchange for the desistance of the offender or for the safety of the person or property of the victim

WHERE BOTH BURNING AND DEATH OCCUR To determine what crime/s was/were perpetrated, it is important to ascertain the main objective of the malefactor, which may be: a. the burning of the building or edifice, and death results by reason or on the occasion of arson the crime is simply arson, and the resulting homicide is absorbed; b. to kill a particular person i. who may be in a building or edifice, and fire is resorted to as the means to accomplish such goal the crime is murder only; ii. and in fact the offender has already done so, but fire is resorted to as a means to cover up the killing then there are two separate and distinct crimes committed, (1) homicide/murder and (2) arson. CONSPIRACY TO COMMIT ARSON Penalty of prision mayor in its minimum period


================================================

Chapter 9: Malicious Mischief

================================================ MALICIOUS MISCHIEF is the wilful damaging of anothers property for the sake of causing damage due to hate, revenge, or other evil motive ART. 327. WHO ARE LIABLE FOR MALICIOUS MISCHIEF ELEMENTS OF MALICIOUS MISCHIEF 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; and 3. That the act of damaging anothers property be committed merely for the sake of damaging it

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NOTE: 1. There is no malicious mischief through negligence because under the first element, the offender should act under the impulse of specific desire to inflict injury to another 2. Presupposes hate, revenge, or other evil motive of the offender or the mere pleasure of destroying 3. Damage includes not only loss but also diminution (e.g. defacing anothers house) 4. If theres no malice, as when damage resulted from a crime or only incidental to the commission of another crime, theres only civil liability 5. Intent to gain by removing or making use of the fruits or objects after damaging the property makes it theft ART. 328. SPECIAL CASES OF MALICIOUS MISCHIEF QUALIFIED MALICIOUS MISCHIEF: 1. Causing damage to obstruct performance of public functions. 2. Using poisonous or corrosive substance. 3. Spreading infection or contagion among cattle. 4. Damage to property of National Museum or National Library, or to any archive or registry, waterworks, road, promenade, or any other thing used in common by the public. 1st CASE OF QUALIFIED MALICIOUS MISCHIEF DISTINGUISHED FROM SEDITION Although both involve the intent to obstruct the performance of public functions, the element of public and tumultuous uprising is not present in this article. ART. 329. OTHER MISCHIEFS BASIS OF PENALTY Mischiefs not included in Art. 328 are punished according to the value of the damage caused. Even if the amount cannot be estimated, the penalty of arresto menor or fine not exceeding P200 is fixed by law. Example: scattering human excrement in public building, killing of cow as an act of revenge (value of damage cannot be estimated); a servant who released bird from cage as act of hate against owner (value of the bird as basis) ART. 330. DAMAGE AND OBSTRUCTION TO MEANS OF COMMUNICATION NOTE: 1. It is committed by damaging any railway, telegraph, or telephone lines a. telegraph or telephone lines must pertain to a railway system

2.

Any derailment of cars, collision, or other accident which was a result of the damage done shall cause for a higher imposable penalty. 3. The object is to merely cause damage; as opposed to Crimes involving Destruction (Art. 324), where the object is to cause destruction 4. When person or persons are killed a. If there is no intent to kill, it is the complexed crime of damage to means of communication with homicide (in relation to Art. 48) b. If there is intent to kill, and damaging the railways was used to accomplish the criminal purpose, it is murder ART. 331. DESTROYING OR DAMAGING STATUES, PUBLIC MONUMENTS, OR PAINTINGS ===============================================

Chapter 10: Exemptions from Criminal Liability in Crimes against Property


=============================================== ART. 332. PERSONS EXEMPT FROM CRIMINAL LIABILITY NOTE: A. CRIMES INVOLVED IN THE EXEMPTION (TEM) 1. Theft, 2. Swindling (estafa), and 3. Malicious mischief B. PERSONS EXEMPTED 1. Spouses, ascendants and descendants, or relatives by affinity in the same line. 2. The widowed spouse with respect to the property which 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 at the time of the commission of the crime C. Stepfather/mother, adopted father/mother, natural children, common-law spouse, concubine, paramour included D. Does not apply to strangers participating in the commission of the crime E. Does not apply to robbery or estafa through falsification F. There is only civil liability G. Applicable on the relationship between the offended party and the offender only

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H.

Reason: presumed co-ownership of the property between the parties


R.A. 6539 ANTI-CARNAPPING ACT OF 1972

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 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. 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 vehicle. REGISTRATION REQUIREMENTS 1. Every owner or possessor of unregistered motor vehicle

or parts thereof in knock down condition shall, within one year after the approval of this Act and in his name or in the name of the real owner, register with the Land Transportation Commission (now Land Transportation Commission or LTO) a. the motor vehicle engine, b. engine block and c. chassis, Thereafter, if not registered, those shall be considered as untaxed importation or coming from an illegal source or carnapped, and shall be confiscated in favor of the Government 2. All owners of motor vehicles in all cities and municipalities are required to register their cars with the local police without paying any charges 3. Every sale, transfer, conveyance, substitution or replacement of a motor vehicle engine, engine block or chassis of a motor vehicle shall be registered with the LTO. Motor vehicles assembled and rebuilt or repaired by replacement with motor vehicle engines, engine blocks and chassis not registered shall not be issued certificates of registration and shall be considered as untaxed imported motor vehicles or motor vehicles carnapped or proceeding from illegal sources 4. Original registration of a motor vehicle (whether newly assembled or rebuilt or acquired from a registered owner) a. The person seeking to register shall, within one week after the completion of the assembly or rebuilding job or the acquisition thereof from the registered owner, apply to the Philippine Constabulary (now Philippine National Police or PNP) for clearance of the motor vehicle for registration with the LTO b. The PNP shall verify whether or not the motor vehicle or its numbered parts are in the list of carnapped motor vehicles or stolen motor vehicle parts; if not included, shall forthwith issue the certificate of clearance c. The LTO shall, upon presentation of the certificate and after verification of the registration in the permanent registry, register the motor vehicle in accordance with existing laws, rules and regulations PERMANENT REGISTRY The LTO shall keep a permanent registry of motor vehicle engines, engine blocks and chassis of all motor vehicles with particulars. Copies of the registry and of all entries made thereon shall be furnished the PNP and all LTO regional, provincial and city branch offices

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DUTY OF COLLECTOR OF CUSTOMS Within seven days after the arrival of the imported motor vehicle or any of its parts enumerated, the Collector shall: a. 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 b. 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 LTO. DUTY OF IMPORTERS, DISTRIBUTORS, AND SELLERS keep a permanent record of his stocks o 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 render an accurate monthly report of his transactions in motor vehicles to the Land Transportation Commission. CLERANCE 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 LTO the pertinent data concerning the motor vehicle engines including their type, make and serial numbers. Any person who owns or operates inter-island shipping or any water transportation with launches, boats, vessels or ships shall within seven days submit a report to the Philippine Constabulary on all motor vehicle, motor vehicle engines, engine blocks, chassis or bodies transported by it for the motor vehicle, motor vehicle engine, engine block, chassis or body to be loaded on board the launch, boat

vessel or ship. 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. PENAL PROVISIONS a. Any person (in case of a juridical person, president or secretary and/or members of the board of directors or any of its officers and employees who may have directly participated in the violation) who violates any provisions of this Act punished with imprisonment for not less than two years nor more than six years and a fine equal in amount to the acquisition cost of the motor vehicle, motor vehicle engine or any other part involved in the violation b. Any government official or employee who directly commits the unlawful acts defined in this Act or is guilty of gross negligence of duty or connives with or permits the commission of any of the said unlawful act: in addition to the penalty prescribed in the preceding paragraph, be dismissed from the service with prejudice to his reinstatement and with disqualification from voting or being voted for in any election and from appointment to any public office PENALTY FOR CARNAPPING Any person who is found guilty of carnapping shall, irrespective of the value of motor vehicle taken, be punished: a. by imprisonment for not less than 14 years and 8 months and not more than 17 years and 4 months, when the carnapping is committed without violence or intimidation of persons, or force upon things; b. by imprisonment for not less than 17 years and 4 months and not more than 30 years, when the carnapping is committed by means of violence against or intimidation of any person, or force upon things; and c. the penalty of life imprisonment to death shall be imposed when the owner, driver or occupant of the carnapped motor vehicle is killed in the commission of the carnapping


END OF DISCUSSION ON TOPIC 10. CRIMES AGAINST PROPERTY

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======================================= 11. Crimes Against Chastity =======================================

TOPICS UNDER THE SYLLABUS: Chapter 1: Adultery and Concubinage Chapter 2: Rape and Acts of Lasciviousness Chapter 3: Seduction, Corruption of Minors and White Slave Trade Chapter 4: Abduction Chapter 5: Provisions Relative to the Preceding Chapters of Title 11 R.A. 9995 R.A. 7610, AS AMENDED R.A. 9262 R.A. 7877
=================================================

MITIGATING CIRCUMSTANCES IN ADULTERY Adultery is mitigated if the adulterous wife was abandoned without justification by his spouse. Both the wife and her paramour are entitled to this mitigating circumstance.43 Sheer necessity, as when a woman was left helpless by her husband (although justified for it was in response to a duty) and in such a great need that she found herself in the predicament of committing adultery for the sake of her children, mitigates her liability.44 PARDON BY THE OFFENDED PARTY Express/ implied pardon bars prosecution for adultery. Sexual intercourse with the offending spouse subsequent to the adulterous conduct constitutes an implied pardon.


REQUIREMENTS FOR PARDON TO BE EFFECTIVE (ART. 344): 1. The pardon must come before the institution of the criminal prosecution; and 2. Both offenders must be pardoned by offended party. CONSENT IS A CAUSE FOR DISMISSAL OF COMPLAINT Prior consent is as effective as subsequent consent to bar the offended party from prosecuting the offense. When consent is given, whether expressed or implied, husband can no longer institute the criminal complaint. WHEN IS THERE CONSENT? 1. When the husband does not interfere with his wifes adulterous relationship or has failed to assert his rights. 2. When the spouses sign an agreement that they may get any mate and live as husband and wife without any interference.

Chapter 1: Adultery and Concubinage

================================================= ART. 333. WHO ARE GUILTY OF ADULTERY ELEMENTS: 1. That the woman is married (even if marriage is subsequently declared void); 2. That she has sexual intercourse with a man not her husband; and 3. That as regards the man with whom she has sexual intercourse, he must know her to be married. NOTE: Carnal knowledge may be proved by circumstantial evidence. Each sexual intercourse constitutes a crime of adultery. It is not a continuing offense. Any act of infidelity subsequent to condonation constitutes a new offense that is subject to criminal prosecution. The offended party must be legally married to the offender at the time of filing the complaint. But even if subsequently declared void, theres still adultery when the adulterous act is committed before the marriage is judicially declared null and void in a final judgment. Acquittal of one defendant does not operate as acquittal of the other. Death of the offended party will not terminate the proceedings. However, if they die before a complaint is filed, then the case cannot go on.

ART. 334. CONCUBINAGE ELEMENTS: 1. The man must be married (even if the marriage may be subsequently declared void); 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.


43 44

People v. Avelino, C.A., 40 O.G., Supp. 11, 194 People v. Alberto, et al., C.A., 47 O.G. 2438

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NO ATTEMPTED OR FRUSTRATED ACTS OF LASCIVIOUSNESS From the standpoint of law, there can be no frustration of acts of lasciviousness. No matter how far the offender may have gone towards the realization of his purpose, if his participation amounts to performing all acts of execution, the felony is necessarily produced as a consequence. ACTS OF LASCIVIOUSNESS UNJUST VEXATION There is lewd design which The element of lewd design may be inferred from the is not present. circumstances surrounding e.g. the alleged lascivious the commission of the crime act was a mere incident of such as the place, time, the embrace or the act was other peoples presence and just committed merely to the acts complained of. satisfy a silly whim. ACTS OF LASCIVIOUSNESS ATTEMPTED RAPE Offenders lascivious acts do Acts performed by offender not indicate intent to have clearly indicate that his sexual intercourse. purpose was to lie with the offended party. The lascivious acts are the The lascivious acts are but final objective sought by the preparatory acts to the offender. commission of rape. Manner of commission is the same The performance of lascivious character is common to both Offended party is a person of either sex ACTS OF LASCIVIOUSNESS GRAVE COERCION The compulsion is included The compulsion is the very in the constructive element act constituting the offense of force. of grave coercion. ACTS OF LASCIVIOUSNESS ABUSES AGAINST CHASTITY (ART. 246) The offender is, in a majority The offender is a public of cases, a private individual. officer It is necessary that some A mere immoral or indecent actual act of lasciviousness proposal made earnestly & should have been executed. persistently is sufficient. CASES ON ACTS OF LASCIVIOUSNESS 1. In the absence of convincing proof that the penis had slid into the female organ, rape was not committed. Where the victim merely stated that she was carried around the sala with appellant's penis "touching" her vagina, it would not be right to conclude that the act of the penis "touching" the vagina was an entry or penetration, even slightly, of the labia majora or the labia minora of the pudendum. The appellant is guilty of acts of lasciviousness and not rape.45

DEFINITION OF TERMS 1. CONJUGAL DWELLING means the home of the husband and wife even if the wife happens to be temporarily absent on any account. 2. SCANDAL consists in any reprehensible word/deed that offends public conscience, redounds to the detriment of the feelings of honest persons, and gives occasion to the neighbors spiritual damage and ruin. 3. COHABIT means to dwell together, in the manner of husband and wife, for some period of time, as distinguished from occasional, transient interviews for unlawful intercourse. 4. MISTRESS It is necessary that the woman is taken by the accused into the conjugal dwelling as a concubine. NOTE: People in the vicinity are the best witnesses to prove scandalous circumstances. Adultery is more severely punished than concubinage. Unlike adultery, concubinage is a continuing crime.


ART. 335. WHEN AND HOW RAPE IS COMMITTED NOTE: Art. 335 has been repealed by R.A. No. 8353 (Anti- Rape Law of 1997). ================================================

Chapter 2: Rape and Acts of Lasciviousness

================================================ ARTICLE 336. ACTS OF LASCIVIOUSNESS ELEMENTS: 1. That the offender commits any act of lasciviousness or lewdness; 2. That the act of lasciviousness is committed against a person of either sex; and 3. 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. by means of fraudulent machination or grave abuse of authority, or d. when the offended party is under 12 years of age or is demented. LEWD - is defined as obscene, lustful indecent or lecherous. It signifies the form of immorality which has relation to moral impurity; or that which is carried on a wanton manner.


45

People v. Palma, G.R. No. 148869-74, December 11, 2003

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2.

The appellants act of directing Analyn to remove her lower apparel constitutes an act of lasciviousness under Article 336 of the Revised Penal Code, and not rape.46 =================================================

Chapter 3: Seduction, Corruption of Minors and White Slave Trade

================================================ SEDUCTION - Enticing a woman to unlawful sexual intercourse by promise of marriage or by other means of persuasion without the use of force. ART. 337. QUALIFIED SEDUCTION 2 CLASSES OF QUALIFIED SEDUCTION: 1. Seduction of a virgin over 12 and under 18 years of age by certain persons, such as a person in authority, priest, teacher, etc.; and 2. Seduction of a sister by her brother, or seduction of a descendant by her ascendant, regardless of her age or reputation. (Incestuous Seduction) ELEMENTS OF QUALIFIED SEDUCTION OF A VIRGIN: 1. That the offended party is a virgin, which is presumed if she is 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; and 4. That there is abuse of authority, confidence or relationship on the part of the offender (person entrusted with education or custody of victim; person in public authority, priest; servant). PERSONS LIABLE: ABUSED ABUSED ABUSED AUTHORITY CONFIDENCE RELATIONSHIP 1. Public authority 1. Priest 1. Brother who 2. Guardian 2. House servant seduced his sister. 3. Teacher 3. Domestic 2. Ascendant who 4. Person who in (Person living seduced his any capacity is in the same descendant. entrusted with roof, may be the education temporary or Their relationship or custody of permanent, as must be by the woman long as in the consanguinity but seduced. same house.) need not be legitimate. NOTE: Penalty for qualified seduction of a sister or descendant is higher than qualified seduction of a virgin.


46

Deceit is not an element of qualified seduction but it is an element of simple seduction. In Abuse of Confidence, acts are punished because of the character of the person committing the same, and excess of power or abuse of confidence. A virgin is a virtuous woman of good reputation. The offended party need not be virgin in the case of incestuous seduction. Accused charged with rape cannot be convicted of qualified seduction under the same information. If any of the circumstances in the crime of rape is present, then crime is not to be punished under this article. If no sexual intercourse, the crime would only be acts of lasciviousness. ART. 338. SIMPLE SEDUCTION ELEMENTS: 1. That the offended party is over 12 & under 18 y/o; 2. That she must be of good reputation, single or widow; 3. That the offender has sexual intercourse with her; and 4. That it is committed by means of deceit. NOTES: Virginity of the victim is not required. Deceit generally takes the form of an unfulfilled promise to marry. There is no continuing offense of seduction. If there is no sexual intercourse, the crime committed is only acts of lasciviousness. The man may be willing and ready to marry the girl but simple seduction is still committed when the man knows that the offended party cannot legally consent to marriage because of her minority. THE FOLLOWING DO NOT CONSTITUTE DECEIT: Promise of material things. Promise of marriage by a married man, whom the victim knew to be married. Promise of marriage after sexual intercourse. ART. 339. ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE OFFENDED PARTY ELEMENTS: 1. That the offender commits acts of lasciviousness or lewdness; 2. That the acts are committed upon a woman who is a virgin or single or a widow of good reputation, under 18 years of age but over 12 years, or a sister or descendant regardless of her reputation or age.

People v. Aquino, G.R. No. 139181, October 27, 2003

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3.

That the offender accomplishes the acts by abuse of authority, confidence, relationship, or deceit.

2.

NOTES: A male cannot be the offended party. It is necessary that the crime be committed under circumstances which would make it qualified or simple seduction had there been sexual intercourse. Consent is obtained by abuse of authority, confidence, or relationship, or by means of deceit. ACTS OF LASCIVIOUSNESS ACTS OF WITH CONSENT OF LASCIVIOUSNESS OFFENDED PARTY (ART. 336) (ART. 339) Acts are committed under Acts are committed circumstances which, had there under circumstances been carnal knowledge, would which, had there been amount to either qualified or carnal knowledge, would simple seduction. amount to rape. *There may be consent, but there is abuse of authority, relationship, confidence, or deceit. ART. 340. CORRUPTION OF MINORS NOTES: The act punishable is the promotion or facilitating the prostitution or corruption of persons under age (under 18) to satisfy the lust of another. A mere proposal will consummate the offense. It is not necessary that the unchaste acts shall have been done to the minor. Victim must be of good reputation, not a prostitute or a corrupted person. R.A. 7610 PUNISHES CHILD PROSTITUTION COMMITTED BY: 1. Those who engage in or promote, facilitate or induce child prostitution which include the following: a. Acting as a procurer of a child prostitute; b. Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means; c. Taking advantage of influence or relationship to procure a child as a prostitute; d. Threatening or using violence towards a child to engage him as a prostitute; e. Giving monetary consideration, goods or other pecuniary benefit to a child with the intent to engage such child in prostitution.

Those who commit the act of sexual intercourse or lascivious conduct with a child exploited in prostitution or subjected to other sexual abuse; 3. Those who derive profit or advantage therefrom. eg. manager/owner of the establishment where child prostitution takes place; 4. Any person, not being a relative of the child, is found alone with the said child in a hidden or secluded area under circumstances which lead a reasonable person to believe that the child is about to be exploited in prostitution and other sexual abuse; and 5. Any person who receives services from a child in a sauna parlor or bath, massage clinic, health club, and other similar establishments. CHILD TRAFFICKING - It is the act of buying and selling a child for money, or for any other consideration, or barter. ART. 341. WHITE SLAVE TRADE ACTS PENALIZED: 1. Engaging in the business of prostitution; 2. Profiting by prostitution; and 3. Enlisting the service of women for the purpose of prostitution. NOTE: One of those above-mentioned acts is sufficient to constitute the offense Habituality is not a necessary element of this crime. Offender need not be owner of house and need not be present at time of raid; it suffices that he maintains or engages in business Under any pretext if the real purpose is prostitution, it does not matter if one engages the services of a woman ostensibly as maid, for example.

========================================== Chapter 4: Abduction


================================================ ABDUCTION - The taking away of a woman from her house or the place where she may be for the purpose of carrying her to another place, with the intent to marry or to corrupt her. ART. 342. FORCIBLE ABDUCTION 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; and 3. That the abduction is with lewd designs.

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NOTES: If child is under 12 years, the crime is forcible abduction even if she voluntarily goes with her abductor. Taking away must be against the will of the woman. This may be accomplished by means of deceit first and then by means of violence and intimidation. Actual intercourse is not necessary. Lewd designs may be shown by conduct of the accused. Intent to seduce the girl is sufficient. Lewd design is present in a hurried marriage ceremony by force where the marriage is merely an artifice by which the accused sought to escape the criminal consequences of his acts. The husband may not be held liable for the abduction of his wife as lewd design is wanting. If there are several defendants, it is enough that one of them had lewd designs and the others knew about it. Nature of crime: against liberty, honor and reputation, and public order. There must be only one complex crime of forcible abduction with rape. Subsequent rapes committed should be considered independent of the abduction. Conviction of Acts of Lasciviousness is not a bar to conviction of forcible abduction. FORCIBLE ABDUCTION V. GRAVE COERCION V. KIDNAPPING 1. Presence of lewd design makes it forcible abduction. 2. When there is no lewd design, it is coercion, provided that there is no deprivation of liberty. 3. The crime is kidnapping and serious illegal detention if there was deprivation of liberty with no lewd design. 4. If there was violent taking of the woman motivated by lewd design and the victim was raped, the crime committed is forcible abduction with rape instead of kidnapping with rape. Attempt to rape is absorbed in the crime of forcible abduction. FORCIBLE ABDUCTION V. CORRUPTION OF MINORS 1. If the minor was abducted by the accused with lewd design on his part, he is liable for forcible abduction. 2. If the purpose of abduction is to lend her to illicit intercourse with others, the crime is corruption of minors. FORCIBLE ABDUCTION V. RAPE 1. If there was abduction but the resistance of the woman to the alleged rape was not tenacious, the accused would be guilty only of abduction. 2. Rape may absorb forcible abduction if the main objective was to rape the victim. CASE ON FORCIBLE ABDUCTION 1. The Court has previously ruled that if the victim's consent was obtained through deceit and there was

therefore no valid consent, the crime is forcible abduction, as the deceit may be considered as constructive force. The second element, lewd design, was established by the actual rapes.47 AGE AND REPUTATION OF THE VICTIM IS NOT NECESSARY IN: 1. Rape 2. Acts of lasciviousness against the will or without the consent of the offended party 3. Qualified seduction of sister or descendant 4. Forcible Abduction ART. 343. CONSENTED ABDUCTION ELEMENTS: 1. That the offended party must be a virgin (not necessarily in a material sense, includes virtuous woman of good reputation); 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; and 4. That the taking away of the offended party must be with lewd designs. NOTE: If the virgin is under 12 years of age, the crime committed is forcible abduction, even if the girl consented to the elopement. The abduction of the victim need not be with some character of permanence. Victim need not be taken from her house. It is sufficient that the abductor was instrumental to her escape. Requires solicitation or cajolery. There can be consented abduction with rape

================================================

Chapter 5: Provisions relative to the preceding chapter of Title Eleven


================================================ ART. 344. PROSECUTION OF ADULTERY, CONCUBINAGE, SEDUCTION, ABDUCTION, AND ACTS OF LASCIVIOUSNESS 1. Adultery and concubinage must be prosecuted upon complaint signed by the offended spouse. 2. Seduction, abduction, or acts of lasciviousness must be prosecuted upon complaint signed by: a. offended party, b. by her parents, c. grandparents, or


47

People v. Caraang, G.R. No. 148424-27, December 11, 2003

CRIMINAL LAW REVIEWER Page 115 of 129

d. legal guardians * In the order in which they are named above. EFFECT OF MARRIAGE GENERAL RULE: Marriage in good faith of the offender with the offended party extinguishes the criminal action or remits the penalty already imposed upon him. This applies as well to accomplices and accessories- after-the-fact. EXCEPTION: In case of rape, marriage extinguishes the criminal action only against the principal but not to the accomplices and accessories. This rule also does not apply to parties guilty of concubinage and adultery. NOTE: Rape is now a crime against persons, and thus, may be prosecuted de oficio or upon complaint of any person. In adultery and concubinage, both offenders must be included in the complaint, even if only one is guilty. When the offended party is of age and is in complete possession of her mental and physical faculties, she alone can file the complaint (applies to crimes against chastity). Complaint must be filed in court and not in the fiscal. PARDON IN CRIMES AGAINST CHASTITY Express or implied pardon by the offended party is a bar to prosecution for adultery or concubinage. However, pardon must extend to both offenders and must come before the institution of the criminal action. Express pardon by the offended party or other persons named in the law, as the case may be, is a bar to prosecution for seduction, abduction, rape or acts of lasciviousness. Pardon in seduction must also come before the institution of criminal action. PARDON BY PARENTS, GRANDPARENTS OR GUARDIAN MUST BE ACCOMPANIED BY THE EXPRESS PARDON OF THE GIRL HERSELF Pardon must be granted directly by the offended party and it is only when she is dead or otherwise incapacitated to grant it, that her parents, grandparents or guardian may do so for her.48 ART. 345. CIVIL LIABILITY OF PERSONS GUILTY OF CRIMES AGAINST CHASTITY. PERSON GUILTY OF RAPE, SEDUCTION OR ABDUCTION, SHALL ALSO BE SENTENCED: 1. To indemnify the offended woman. 2. To acknowledge the offspring, unless the law should prevent him from so doing.

3.

In every case to support the offspring. NOTES: The adulterer and concubine in the case provided for in Articles 333 and 334 may also be sentenced, in the same proceeding or in a separate civil proceeding, to indemnify for damages caused to the offended spouse. There is no civil liability for Acts of Lasciviousness. Moral damages may be awarded to the offended party, and her parents, for seduction, abduction, rape, other lascivious acts (Art. 2219 Civil Code). In multiple rapes by multiple offenders, all of them must support offspring. No one may be made to acknowledge his offspring. The offender in a rape case who is married is no longer prohibited from acknowledging his offspring because since the child is illegitimate, the Family Code automatically confers parental authority to the mother. He can only be sentenced to indemnify the victim and support his offspring. Amount and terms of support should be determined only after due notice & hearing. Only indemnity is allowed in rape of a married woman. The defendant cannot be sentenced to acknowledge and support the offspring. ART. 346. LIABILITY OF ASCENDANTS, GUARDIANS, TEACHERS, OR OTHER PERSONS ENTRUSTED WITH CUSTODY OF OFFENDED PARTY PERSONS WHO COOPERATE AS ACCOMPLICES BUT ARE PUNISHED AS PRINCIPALS IN RAPE, SEDUCTION, ABDUCTION, ETC: 1. Ascendants; 2. Guardians; 3. Curators; 4. Teachers; and 5. Any other person, who cooperates as accomplice with abuse of authority or confidential relationship. OTHER INSTANCE WHEN ACCOMPLICE IS PUNISHED AS PRINCIPAL: Slight illegal detention


48

U.S. v. Luna, 1 Phil. 360

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R.A. 9995 ANTI-PHOTO AND VIDEO VOYEURISM ACT 2009 DEFINITION OF TERMS (Sec. 3) 1. BROADCAST - to make public, by any means, a visual image with the intent that it be viewed by a person or persons. 2. CAPTURE WITH RESPECT TO AN IMAGE - means to videotape, photograph, film, record by any means, or broadcast. 3. FEMALE BREAST - means any portion of the female breast. 4. PHOTO OR VIDEO VOYEURISM - means the act of taking photo or video coverage of a person or group of persons performing sexual act or any similar activity or of capturing an image of the private area of a person or persons without the latter's consent, under circumstances in which such person/s has/have a reasonable expectation of privacy, or the act of selling, copying, reproducing, broadcasting, sharing, showing or exhibiting the photo or video coverage or recordings of such sexual act or similar activity through VCD/DVD, internet, cellular phones and similar means or device without the written consent of the person/s involved, notwithstanding that consent to record or take photo or video coverage of same was given by such persons. 5. PRIVATE AREA OF A PERSON - means the naked or undergarment clad genitals, public area, buttocks or female breast of an individual. 6. UNDER CIRCUMSTANCES IN WHICH A PERSON HAS A REASONABLE EXPECTATION OF PRIVACY - means belief that he/she could disrobe in privacy, without being concerned that an image or a private area of the person was being captured; or circumstances in which a reasonable person would believe that a private area of the person would not be visible to the public, regardless of whether that person is in a public or private place. PROHIBITED ACTS (Sec. 4) 1. 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 the consent of the person/s involved and under circumstances in which the person/s has/have a reasonable expectation of privacy; 2. 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; 3. 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 4. 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. NOTE: The prohibition under paragraphs (2), (3) and (4) shall apply notwithstanding that consent to record or to take a photo or video coverage of the same was given by such person/s. Any person who violates these provision shall be liable for photo or video voyeurism as defined herein. EXEMPTIONS (Sec. 6) Nothing contained in this Act, however, shall render it unlawful or punishable for any peace officer, who is authorized by a written order of the court, to use the record or any copy thereof as evidence in any civil, criminal investigation or trial of the crime of photo or video voyeurism: 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/she may produce, and upon showing that there are reasonable grounds to believe that photo or video voyeurism has been committed or is about to be committed, and that the evidence to be obtained is essential to the conviction of any person for, or to the solution or prevention of such, crime. INADMISSIBILITY OF EVIDENCE (Sec. 7) Any record, photo or video, or copy thereof, obtained or secured by any person in violation of the preceding sections shall not be admissible in evidence in any judicial, quasi-judicial, legislative or administrative hearing or investigation.

SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT (R.A. 7610, AS AMENDED) CHILD PROSTITUTION AND OTHER ACTS OF ABUSE PUNISHABLE ACTS 1. CHILD PROSTITUTION AND OTHER SEXUAL ABUSE (Sec. 5) WHO ARE LIABLE: a. Those who engage in or promote, facilitate or induce child prostitution which include, but are not limited to, the following: i. Acting as a procurer of a child prostitute; ii. Inducing a person to be a client of a child prostitute by means of written or oral

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2.

3.

4.

advertisements or other similar means; iii. Taking advantage of influence or relationship to procure a child as prostitute; iv. Threatening or using violence towards a child to engage him as a prostitute; or v. 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 or lascivious conduct with a child exploited in prostitution or subject to other sexual abuse; Provided, That when the victims is under 12 years of age, the perpetrators shall be prosecuted under Art. 335, paragraph 3, for rape and Art. 336 of Act No. 3815, as amended, the RPC, for rape or lascivious conduct, as the case may be: Provided, That the penalty for lascivious conduct when the victim is under 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. ATTEMPT TO COMMIT CHILD PROSTITUTION (Sec. 6) a. There is an attempt to commit child prostitution under Section 5, paragraph (a) hereof when any person who, not being a relative of a child, is found alone with the said child inside the room or cubicle of a house, an inn, hotel, motel, pension house, apartelle or other similar establishments, vessel, vehicle or any other hidden or secluded area under circumstances which would lead a reasonable person to believe that the child is about to be exploited in prostitution and other sexual abuse. b. There is also an attempt to commit child prostitution, under paragraph (b) of Section 5 hereof when any person is receiving services from a child in a sauna parlor or bath, massage clinic, health club and other similar establishments. CHILD TRAFFICKING (Sec. 7) 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, or barter. ATTEMPT TO COMMIT CHILD TRAFFICKING (Sec. 8) THERE IS AN ATTEMPT TO COMMIT CHILD TRAFFICKING UNDER SECTION 7 OF THIS ACT: a. When a child travels alone to a foreign country

b. c.

d.

without valid reason therefor and without clearance issued by the Department of Social Welfare and Development or written permit or justification from the child's parents or legal guardian; When a person, agency, establishment or child- caring institution recruits women or couples to bear children for the purpose of child trafficking; When a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or any other person simulates birth for the purpose of child trafficking; or When a person engages in the act of finding children among low-income families, hospitals, clinics, nurseries, day-care centers, or other child- during institutions who can be offered for the purpose of child trafficking.

COMPARE PROSECUTION FOR ACTS OF LASCIVIOUSNESS UNDER ART. 336 OF THE RPC AND RA 7610, AS AMENDED Under RA 7610, the penalty for lascivious conduct when the victim is under 12 years of age shall be reclusion temporal in its medium period. On the other hand, Art. 336 of the RPC provides a lighter penalty of prision correctional for acts of lasciviousness. 5. OBSCENE PUBLICATIONS AND INDECENT SHOWS 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 obscene publications or pornographic materials or to sell or distribute the said materials. 6. OTHER ACTS OF NEGLECT, ABUSE, CRUELTY OR EXPLOITATION AND OTHER CONDITIONS PREJUDICIAL TO THE CHILD'S DEVELOPMENT: a. Any person who shall commit any other acts of child abuse, cruelty or exploitation or to be responsible for other conditions prejudicial to the child's development including those covered by Article 59 of Presidential Decree No. 603, as amended, but not covered by the Revised Penal Code, as amended. b. Any person who shall keep or have in his company a minor, 12 years or under or who in 10 years or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor, beach and/or other tourist resort or similar places. Provided, That this provision shall not apply to any person who is related within the fourth degree of consanguinity or affinity or any bond recognized by law, local custom and tradition or acts in the performance of a social, moral or legal duty.

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Any person who shall induce, deliver or offer a minor to any one prohibited by this Act to keep or have in his company a minor as provided in the preceding paragraph. d. Any person, owner, manager or one entrusted with the operation of any public or private place of accommodation, whether for occupancy, food, drink or otherwise, including residential places, who allows any person to take along with him to such place or places any minor herein described. e. Any person who shall use, coerce, force or intimidate a street child or any other child to: i. Beg or use begging as a means of living; ii. Act as conduit or middlemen in drug trafficking or pushing; or iii. Conduct any illegal activities. JURISPRUDENCE 1. The implementing rules elaborated on this definition when it defined a child as one who is below 18 years of age or over said age who, upon evaluation of a qualified physician, psychologist or psychiatrist, is found to be incapable of taking care of herself fully because of a physical or mental disability or condition or of protecting herself from abuse.49 2. Under Section 5(b), Article III of R.A. 7610 in relation to R.A. 8353, if the victim of sexual abuse is below 12 years of age, the offender should not be prosecuted for sexual abuse but for statutory rape under Art. 266-A(1)(d) of the RPC and penalized with reclusion perpetua. If the victim is 12 years or older, the offender should be charged with either sexual abuse under Section 5(b) of R.A. 7610 or rape under Art. 266-A (except paragraph 1[d]) of the RPC. HOWEVER, the offender cannot be accused of both crimes for the same act because his right against double jeopardy will be prejudiced. Likewise, rape cannot be complexed with a violation of Section 5(b) of R.A. 7610. Under Section 48 of the RPC (on complex crimes), a felony under the RPC (such as rape) cannot be complexed with an offense penalized by a special law.50

c.

the victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and mental infidelity. It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of common children. PUNISHABLE ACTS UNDER SEC 5 INCLUDE: (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


R.A. NO. 7877 ANTI-SEXUAL HARASSMENT ACT
WORK, EDUCATION OR TRAINING-RELATED, SEXUAL HARASSMENT, DEFINED Demanding, requesting or otherwise requiring any sexual favor from the other, regardless of whether the demand, request, or requirement is accepted by the object of the act. PUNISHABLE ACTS (Sec. 3): 1. IN A WORK-RELATED OR EMPLOYMENT ENVIRONMENT, SEXUAL HARASSMENT IS COMMITTED WHEN: a. The sexual favor is made as a condition in the hiring or in the employment, re-employment or continued employment of said individual, or in granting said individual favorable compensation, terms of conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in any way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee; b. Above acts would impair the employee's rights or privileges under existing labor laws; or c. Above acts would result in an intimidating, hostile, or offensive environment for the employee. 2. IN AN EDUCATION OR TRAINING ENVIRONMENT, SEXUAL HARASSMENT IS COMMITTED: a. Against one who is under the care, custody or supervision of the offender; b. Against one whose education, training, apprenticeship or tutorship is entrusted to the offender; c. When the sexual favor is made a condition to the


R.A. 9262 ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004
PSYCHOLOGICAL VIOLENCE refers to acts or omissions causing or likely to cause mental or emotional suffering of


49 50

People v. Abello, G.R. No. 151952, March 25, 2009 People v. Abay G.R.. No. 177752, February 24, 2009

CRIMINAL LAW REVIEWER Page 119 of 129


ART. 347. SIMULATION OF BIRTHS, SUBSTITUTION OF ONE CHILD FOR ANOTHER; AND CONCEALMENT OR ABANDONMENT OF A LEGITIMATE CHILD ACTS PUNISHABLE: 1. Simulation of births Elements: a. The child is baptized or registered in the Registry of birth as the offenders; b. Thus, the child loses its real status and acquires a new one; and c. The offenders purpose was to cause the loss of any trace as to the childs true filiation. 2. Substitution of one child for another, or 3. Concealing or abandoning any legitimate child w/ the intent to cause such child to lose its civil status. ELEMENTS: a. The child must be legitimate, fully developed and a living being; b. The offender conceals or abandons such child; and c. The offender has the intent to cause the child to lose its civil status. NOTE: SIMULATION crime must alter the persons civil status. Simulation takes place when the woman pretends to be pregnant when in fact she was not; woman who simulates birth and the woman who furnishes the child are both responsible as principals The fact that child will be benefited by simulation of birth is not a defense since it creates a false status to the detriment of members of family to which the child is introduced. A father who sells his child is not liable under this article since there is no abandonment. ABANDONING A CHILD ABANDONING A MINOR UNDER ART. 347 UNDER ART. 276 The offender is any person. The offender must be one who has custody of the child. The purpose is to cause the The purpose is to avoid the child to lose its civil status. obligation of rearing and caring for the child. ART. 348. USURPATION OF CIVIL STATUS HOW COMMITTED: This felony is committed by a person who assumes the filiation, or the parental or conjugal rights of another.

d.

giving of a passing grade, or the granting of honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or consideration; or 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 Act. PERSONS PENALIZED 1. Employers, employees, managers, supervisors, teachers, professors, instructors, coaches, trainors, and other persons who have authority, influence, or moral ascendancy over another in a work, education or training-related environment. 2. The employer or head of office, educational or training institution shall be solidarily liable for damages arising from the acts of sexual harassment committed in the employment, education or training environment if the employer or head of office, educational or training institution is informed of such acts by the offended party and no immediate action is taken. JURISPRUDENCE 1. In Domingo v. Rayala, it was held. It is true that this provision calls for a demand, request or requirement of a sexual favor be articulated in a categorical oral or written statement. It may be discerned, with equal certitude, from the acts of the offender.51

END OF DISCUSSIONO ON TOPIC 11. CRIMES AGAINST CHASTITY

=======================================

12. Crimes Against the Civil Status of Persons

=======================================

TOPICS UNDER THE SYLLABUS: Chapter 1: Simulation of Births and Usurpation of Civil Status Chapter 2: Illegal Marriages
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Chapter 1: Simulation of Births and Usurpation of Civil Status


51

================================================
Domingo v. Rayala, G.R. No. 155831, February 8, 2000

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NOTE: Criminal intent to enjoy the civil rights of another by the offender knowing he is not entitled thereto is necessary to constitute this crime. QUALIFYING CIRCUMSTANCE: Purpose of the impersonation is to defraud the offended party or his heirs. Includes usurpation of profession It is absolutely necessary that there is intent to enjoy the rights arising from the civil status of the person impersonated. ================================================

person affected thereby but even by a civic-spirited citizen who may come to know the same. EFFECT OF DIVORCE Divorce granted by a foreign court has no effect. Residence there is not sufficient to confer jurisdiction on the court of that state. This applies to those domiciled in the Philippines although they contracted marriage elsewhere. Divorce obtained abroad by alien spouse shall likewise restore the Filipino spouses capacity to remarry under Philippine Law. BURDEN OF PROOF IN BIGAMY Once the prosecution has established that the defendant was already married at the time he contracted the 2nd marriage, the burden of proof to show the dissolution of the first marriage is upon the defense. When a person marries twice, the second marriage is presumed valid and the former one is presumed to have been dissolved by death or divorce. But this presumption may yield to circumstances. JURISPRUDENCE 1. The mere private act of signing a marriage contract bears no semblance to a valid marriage and thus, needs no judicial declaration of nullity. Such act alone, without more, cannot be deemed to constitute an ostensibly valid marriage for which petitioner might be held liable for bigamy unless he first secures a judicial declaration of nullity before he contracts a subsequent marriage.52 2. For the accused to be held guilty of bigamy, the prosecution is burdened to prove the felony: (a) he/she has been legally married; and (b) he/she contracts a subsequent marriage without the former marriage having been lawfully dissolved. The felony is consummated on the celebration of the second marriage or subsequent marriage. It is essential in the prosecution for bigamy that the alleged second marriage, having all the essential requirements, would be valid were it not for the subsistence of the first marriage.53 ART. 350. MARRIAGE CONTRACTED AGAINST PROVISIONS OF LAWS ELEMENTS: 1. That the offender contracted marriage; and 2. That he knew at the time that: a. Requirements of law were not complied with, or

Chapter 2: Illegal Marriages

================================================ ART. 349. BIGAMY 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. NOTE: The crime of bigamy does not fall within the category of private crimes. Hence, it can be prosecuted even without the initiative of the offended party. The fact that the 1st marriage is void from the beginning is not a defense in a bigamy charge. There is a need for judicial declaration of the nullity of the 1st marriage. Similarly, there must also be a summary proceeding to declare the absent spouse presumptively dead for purposes of remarriage. Validity of second marriage is a prejudicial question to liability for bigamy One convicted for bigamy may be prosecuted for concubinage as both are distinct offenses. However, the second spouse is not necessarily liable for bigamy. One who falsely vouches for the capacity of the either of the contracting parties knowing that one of the parties is already married is an accomplice. Failure to exercise due diligence to ascertain the whereabouts of the 1st wife and the husbands remarriage is bigamy through reckless imprudence. A pardon by the offended party does not extinguish criminal action considering that a crime is committed against the State and the crime of Bigamy is a public offense which can be denounced not only by the


52 53

Morigo v. People, G.R. No. 145226, February 06, 2004 Manuel v. People, G.R. No. 165842. November 29, 2005

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b.

The marriage was in disregard of a legal impediment.

not pregnant by her first spouse since he was permanently sterile.54 ART. 352. PERFORMANCE OF ILLEGAL MARRIAGE CEREMONY ACT PUNISHED Performance or authorization by a priest or minister of any religious denomination or sect or by civil authorities of any illegal marriage ceremony. EXCEPTION A clergyman who performed a marriage ceremony without knowledge of the minority of one of the parties is not liable. NOTE: Offender must be authorized to solemnize marriages.

QUALIFYING CIRCUMSTANCE: If either of the contracting parties obtains the consent of the other by means of violence, intimidation or fraud. REQUIREMENTS OF THE LAW FOR VALID MARRIAGE: (ARTS. 2 AND 3 OF THE FAMILY CODE) 1. Legal capacity of the contracting parties who must be male and female; 2. Consent freely given in the presence of the solemnizing officer; 3. Authority of the solemnizing officer; 4. A valid marriage license, except in marriages of exceptional character; and 5. A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than 2 witnesses of legal age. NOTE: Conviction for violation of Art. 350 involves moral turpitude. The respondent is disqualified from being admitted into the Bar. The offender must not be guilty of bigamy. ART. 351. PREMATURE MARRIAGES PERSONS LIABLE: 1. A widow who married within 301 days from the date of the death of her husband, or before having delivered if she is pregnant at the time of his death. 2. A woman whose marriage having been dissolved or annulled, married before her delivery or w/in 301 days after the date of the legal separation. NOTE: Period may be disregarded if the first husband was impotent or sterile or if the woman was pregnant before the death of the first husband and gave birth within the said period. The period of 301 days is important only in cases where the woman is not pregnant, or does not know that she is pregnant at the time she becomes a widow. If she is pregnant at such time, the prohibition is good only up to delivery. PURPOSE OF THE LAW Since the purpose of punishing the foregoing acts is to prevent cases of doubtful paternity, the woman will not be liable thereunder if: (a) she has already delivered; and (b) she has conclusive proof that she was

END OF DISCUSSION ON TOPIC 11. CRIMES AGAINST CIVIL STATUS


======================================= 13. Crimes Against Honor =======================================


TOPICS UNDER THE SYLLABUS: Chapter 1: Libel Sec. 1 - Definition, forms and punishment of the crime Sec. 2 - General Provisions Chapter 2: Incriminatory Machinations A.M. 06-2008 ========================================== Chapter 1: Libel
================================================

SECTION 1. DEFINITION, FORMS, AND PUNISHMENT OF THIS CRIMES ART. 353. DEFINITION OF LIBEL/DEFAMATION 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 circumstance (defamatory imputation); 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;


54

People v. Masinsin, C.A., 49 O.G. 3908

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5.

That the imputation must tend to cause the dishonor, discredit or contempt of the person defamed. DEFINITION OF TERMS 1. 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. It must be committed through any of the acts enumerated in Art. 355 2. DEFAMATION may be libel or slander. Defamation is the proper term for libel as used in Art. 353. 3. PUBLICATION is the communication of the defamatory matter to some third person/s. KINDS OF MALICE 1. MALICE IN LAW is presumed from a defamatory imputation. Proof of malice is not required; may be taken for granted in view of the grossness of the imputation. 2. MALICE IN FACT is malice or ill-will which must be proved. WHEN DO MALICE IN FACT APPLY? Malice in fact must be proved whenever the defamatory imputation appears in a privileged communication. WHEN DOES PRESUMPTION OF MALICE OF LAW DISAPPEAR? Upon proof of good intention and justifiable motive. NOTE: There is no distinction between calumny, insult and libel. All kinds of attack against honor and reputation is punished. Malice is presumed to exist in injurious publications. Defamatory remarks directed at a group of persons are not actionable unless the statements are all embracing or sufficiently specific for each victim to be identifiable. The meaning of the writer is immaterial. In libel, the false accusation need not be made under oath. It is perjury which requires that the false accusation is made under oath. Seditious libel is punished under Article 142 Imputation of criminal intention is not libellous There are as many counts of libel as there are persons defamed. GENERALLY, THE 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 offended party. PRESUMPTION OF PUBLICATION To presume publication, there must be a reasonable probability that the alleged libelous matter was thereby exposed to be read or seen by 3rd persons. CRITERIA TO DETERMINE WHETHER STATEMENTS ARE DEFAMATORY: 1. In determining whether a statement is defamatory, the words used are construed in their entirety and taken in their plain, natural and ordinary meaning as they would naturally be understood by persons reading them, unless it appears that they were used and understood in another sense.55 2. Words are calculated to induce the hearers to suppose and understand that the person against whom they are uttered were guilty of certain offenses, or are sufficient to impeach their honesty, virtue or reputation, or to hold the person up to public ridicule;56 and 3. Words are construed not only as to the expression used but also with respect to the whole scope and apparent object of the writer.57

ART. 354. REQUIREMENT FOR PUBLICITY. KINDS OF PRIVILEGED COMMUNICATION: 1. ABSOLUTELY PRIVILEGED not actionable even if the actor has acted in bad faith; 2. QUALIFIEDLY PRIVILEGED those which, although containing defamatory imputations, are not actionable unless made with malice or bad faith. GENERAL RULE: Every defamatory imputation is presumed malicious, even if it be true, if no good intention and justifiable motive for making it is shown. However, the presumption of malice is rebutted, if it is shown by the accused that: a. The defamatory imputation is true, in case the law allows proof of the truth of the imputation. b. It is published with good intention; and c. There is justifiable motive for making it.. EXCEPTION TO THE RULE (when malice is NOT presumed): 1. Private communication in performance of legal, moral or social duty. REQUISITES: a. That the person who made the communication had a legal, moral or social duty to make the


55 56 57

Novicio v. Aggabao, G.R. No. 141332, December 11, 2003 U.S. v. OConnell, 37 Phil.767 People v. Encarnacion, C.A., 48 O.G. 1817

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2.

communication or at least he had an interest to be upheld; Legal duty presupposes a provision of law conferring upon the accused the duty to communicate. b. That the communication is addressed to an officer or a board, or superior, having some interest or duty on the matter; and c. That the statements in the communication are made in good faith without malice in fact. The defense of privileged communication will be rejected if it shown by the prosecution or the plaintiff: a. That the defendant acted with malice in fact, or b. That there is no reasonable ground for believing the charge to be true. Fair and true report of official proceedings, made in good faith, without any comments and remarks

REQUISITES: a. 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 in the exercise of his functions; b. That it is made in good faith; and c. That it is made without any comments or remarks DOCTRINE OF FAIR COMMENT Fair commentaries on matters of public interest are privileged and constitute a valid defense in an action for libel or slander. MALICE IN FACT - is the rivalry or ill-feeling existing at the date of publication. It is the intention to injure the reputation of the offended party, motivated by hate and revenge. MALICE IN FACT MAY BE PROVED OR SHOWN BY: 1. Extrinsic evidence that the defendant bore a grudge against the offended party; or 2. That there was rivalry or ill-feeling between them which existed at the date of the publication of the defamatory imputation; or 3. That the defendant had an intention to injure the reputation of the offended party as shown by the words used and the circumstances attending the publication of the defamatory imputation. NOTE: Prosecution must prove malice in fact to convict the accused in case of qualified privileged communication

Absolute Privileged Communication are not actionable even if done in bad faith. This covers statements made by members of Congress in discharge of functions, and judicial proceedings when pertinent and relevant to subject of inquiry Unnecessary publicity destroys good faith. Defense of privileged communication in paragraph 1 will be rejected if it is shown that accused acted with malice and there is no reasonable ground for believing the charge to be true. The mental, moral and physical fitness of a candidate for public office may be subject to criticism. It does not follow a public man into his private life and domestic concerns. Privileged Communication may be found in public document That the statement is a privileged communication is a matter of defense STATEMENTS MADE IN SELF-DEFENSE ARE OFTEN PRIVILEGED Statements made in self defense or in mutual controversy are often privileged. The person libeled is justified to hit back with another libel. However, retaliation and vindictiveness cannot be the basis of self-defense in defamation. Self-defense must be on matters related to imputations made on the person invoking the defense. COMMENTS ON THE CONDUCT OF PUBLIC OFFICERS DO NOT CONSTITUTE LIBEL Defamatory remarks and comments on the conduct or acts of public officers which are related to the discharge of their official duties will not constitute libel if defendant proves the truth of imputation. However, any attack upon private character on matters not related to the discharge of official duties may be libelous. JURISPRUDENCE A public figure has been defined as a person who, by his accomplishments, fame, or mode of living, or by adopting a profession or calling which gives the public a legitimate interest in his doings, his affairs, and his character, has become a 'public personage.' He is, in other words, a celebrity. Obviously to be included in this category are those who have achieved some degree of reputation by appearing before the public, as in the case of an actor, a professional baseball player, a pugilist, or any other entertainer. The list is, however, broader than this. It includes public officers, famous inventors and explorers, war heroes and even ordinary soldiers, an infant prodigy, and no less a personage than the Grand Exalted Ruler of a lodge. It includes, in

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short, anyone who has arrived at a position where public attention is focused upon him as a person.58 ART. 355. LIBEL BY MEANS OF WRITINGS OR SIMILAR MEANS THE MEANS BY WHICH LIBEL MAY BE COMMITTED ARE BY: 1. writing; 2. printing,; 3. lithography; 4. engraving; 5. radio; 6. phonograph; 7. painting; 8. theatrical exhibitions; 9. cinematographic exhibitions; or 10. any similar means. NOTES The law provides, or any similar means which easily qualifies television is such species or category. Defamation made in a television program is libel. Also includes pictures. Defamation through an amplifier is not libel, but oral defamation (slander). The penalty prescribed is in addition to civil liability. Libel may be absorbed in crime of threats if intent to threaten is the principal aim and object. ART. 356. THREATENING TO PUBLISH LIBEL AND OFFER TO PREVENT SUCH PUBLICATION FOR A COMPENSATION ACTS PUNISHABLE: 1. By threatening another to publish a libel concerning him, or his parents, spouse, child, or other members of his family; or 2. By offering to prevent the publication of such libel for compensation, or money consideration. BLACKMAIL - Any unlawful extortion of money by threats of accusation or exposure. It is possible in the crimes of light threats (Art. 283) and in threatening to publish libel (Art. 356). ART. 357. PROHIBITED PUBLICATION OF ACTS REFERRED TO IN THE COURSE OF OFFICIAL PROCEEDINGS ELEMENTS: 1. That the offender is a reporter, editor or manager of a newspaper, daily or magazine; 2. That he publishes facts connected with the private life of another; and

3.

That such facts are offensive to the honor, virtue and reputation of said person. NOTES: The prohibition to publish applies even such publication be made in connection w/ or under the pretext that it is necessary in the narration of any judicial or administrative proceedings wherein such facts have been mentioned. Art. 357 constitutes the Gag law which bars from publication news reports on cases pertaining to adultery, divorce, issues about the legitimacy of children, etc. Source of news report may not be revealed unless court or Congress finds such revelation is demanded by the security of the State


ART. 358. SLANDER/ ORAL DEFAMATION KINDS OF ORAL DEFAMATION: 1. GRAVE SLANDER - defamation is of a serious and insulting nature; 2. SIMPLE SLANDER - light insult or defamation. FACTORS THAT DETERMINE GRAVITY OF THE OFFENSE: 1. expressions used 2. personal relations of the accused & the offended party, 3. circumstances surrounding the case, and 4. social standing and position of the victim. NOTE: 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 pointed his finger at the complainant, oral defamation is committed. Uttering defamatory words in the heat of anger, with some provocation on the part of the offended party constitutes only a light felony.59 ART. 359. SLANDER BY DEED 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; and 3. That such act casts dishonor, discredit or contempt upon the offended party.


58


59

Guingguing v. CA, G.R. No. 128959, September 30, 2005

Villanueva v. People, G.R. No. 160351, April 10, 2006

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NOTE: Slander may either be simple or grave, depending upon the nature of the deed. Pointing a dirty finger constitutes simple slander by deed, it appearing from the factual milieu of the case that the act complained of was employed "to express anger or displeasure" at complainant. While it may have cast dishonor, discredit or contempt upon complainant, said act is not of a serious nature.60 SERIOUSNESS OF SLANDER BY DEED DEPENDS ON: 1. The social standing of offended party 2. The circumstances surrounding the act 3. The occasion DISTINCTIONS: 1. UNJUST VEXATION - irritation or annoyance; anything that annoys or irritates without justification. 2. SLANDER BY DEED - irritation or annoyance + attendant publicity and dishonor or contempt. 3. ACTS OF LASCIVIOUSNESS - irritation or annoyance + any of the 3 circumstance provided in Art. 335 on rape (i.e. use of force or intimidation; deprivation of reason or rendering the offended unconscious; or if offended party was under 12 years old, together with lewd designs)

4.

SECTION 2. GENERAL PROVISIONS ART. 360. PERSONS RESPONSIBLE FOR LIBEL 1. The person who publishes, exhibits or causes the publication or exhibition of any defamation in writing or similar means; 2. The author or editor of a book or pamphlet; 3. The editor or business manager of a daily newspaper magazine or serial publication; and 4. The owner of the printing plant which publishes a libelous article with his consent and all other persons, who in any way participate in or have connection with its publication. VENUE OF CRIMINAL AND CIVIL ACTION FOR DAMAGES IN CASES OF WRITTEN DEFAMATION (PROVIDES FOR EXCLUSIVE JURISDICTION): 1. where the libelous article is printed & 1st published, or 2. where any of the offended parties actually resides at the time of the commission of the offense, or 3. where one of the offended parties is a public officer: a. if his office is in the City of Manila, with the RTC of Manila otherwise, with the RTC of the city/province where he held office at the time of offense;

or the city/province where the article was 1st published where one of the offended parties is a private individual, with the RTC of province/city where he actually resides at the time of the crime or where the article was printed or 1st published. NOTE: Complaint for defamation imputing a private crime (i.e. adultery, concubinage, seduction, abduction, and acts of lasciviousness) must be filed by the offended party. If the libel imputes a vice or defect and not a crime, it is always prosecuted upon information signed and filed by the fiscal The person who publishes a libelous letter written by the offended party is liable (publishing and not composing is the prime requisite of crime). Liability of the editor is same as the author. Limitations of venue: In order to minimize interference with public function when the case involves a public officer and also to avoid unnecessary harassment of the accused by limiting out-of-town libel suits. Action for exemplary damages may be awarded if action is based on quasi-delict. Civil and criminal actions must be filed in same court. No remedy for damages for slander or libel in case of absolutely privileged communication. b.


60

Id.

ART. 361. PROOF OF THE TRUTH PROOF OF TRUTH IS ADMISSIBLE WHEN: 1. The act or omission imputed constitutes a crime regardless of whether the offended party is a private individual or a public officer, or 2. 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 FROM A LIBEL CHARGE: 1. It appears that the matter charged as libelous is TRUE (for situations (1) and (2) above); and 2. It was published with good motives and for a justifiable end (for situation (1) only). NOTES: The proof of the truth of the accusation cannot be made to rest upon mere hearsay, rumors, or suspicion but upon positive, direct evidence upon which a definite finding may be made by the court. An imputation that a person has contagious disease might under ordinary circumstances be defamatory but loses such character when made with good intention and justifiable motive.

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There is no libel when there is no malice. Retraction may mitigate the damages; if article is libelous per se, publication due to honest mistake is only mitigating. ART. 362. LIBELOUS REMARKS NOTES: Libelous remarks or comments on privileged matters (under Art. 354), if made with malice in fact, will not exempt the author and editor. This article is a limitation to the defense of privileged communication. Even if matter is privileged and malice in fact is proved, author and editor is liable Author/editor of publication who distorts, mutilates or discolors official proceedings reported by him, or add comments thereon to cast aspersion on character of parties concerned is guilty of libel ================================================

Arresto Mayor

Arresto Mayor max to Prision Correccional min

Chapter 2: Incriminatory Machinations

================================================ ART. 363. INCRIMINATING INNOCENT PERSON 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; and 3. That such act does not constitute perjury. 2 KINDS OF INCRIMINATING AN INNOCENT PERSON: 1. Making a statement which constitutes: a. defamation, or b. perjury (if made under oath and is false) 2. Planting evidence NOTES: Art. 363 is limited to planting evidence and the like, which tend directly to cause false prosecution. Incriminatory machinations distinguished from defamation does not avail himself of written or spoken words. There is a complex crime of incriminating an innocent person through unlawful arrest. INCRIMINATING AN PERJURY BY MAKING FALSE INNOCENT ACCUSATION Performs act to directly Imputation falsely made incriminate or impute before an officer commission of crime Act of planting evidence False statement or affidavit made under oath

ART. 364. INTRIGUING AGAINST HONOR HOW COMMITTED: This felony is committed by any person who shall make any intrigue which has for its principal purpose to blemish the honor or reputation of another person. It is committed by saying to others an unattributable thing, that if it said to the person himself, slander is committed. NOTE: Must be committed by means of some tricky and secret plot, and not gossiping which falls under defamation. Where the source or author of derogatory information cannot be determined and defendant passes it to others, defendants act is one of intriguing against honor; if it came from a definite source, slander is committed. INTRIGUING AGAINST INCRIMINATING AN HONOR INNOCENT PERSON The offender resorts to an The offender performs an intrigue for the purpose of act by which he directly blemishing the honor or incriminates or imputes to reputation of another an innocent person the person. commission of a crime. INTRIGUING AGAINST SLANDER HONOR The source or author of the The source of information derogatory information can be pinpointed and cannot be determined and definitely determined and the defendant borrows the defendant, adopting as his same &, without subscribing own the information he has to the truth thereof, passes obtained, passes the same it to others. to another for the purpose of causing dishonor to complainants reputation.

A.M. 06-2008 (RULE OF PREFERENCE IN IMPOSITION OF PENALTIES IN LIBEL CASES) There is an emergent rule of preference for the imposition of fine only rather than imprisonment in libel cases. All courts and judges concerned should henceforth take note of the foregoing rule of preference set by the Supreme Court on the matter of the imposition of penalties for the crime of libel bearing in mind the following principles:

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ELEMENTS OF SIMPLE IMPRUDENCE: 1. That there is lack of precaution on the part of the offender; and 2. That the damage impending to be caused is not immediate or the danger is not clearly manifest. NEGLIGENCE IMPRUDENCE Deficiency of Perception Deficiency of Action Failure in Advertence Failure in Precaution Avoided by paying proper Avoided by taking the attention and using due necessary precaution once diligence in foreseeing them foreseen NOTE: Imprudence or Negligence is not a crime in itself, but simply a way of committing a crime. Art. 64 on mitigating and aggravating circumstances is not applicable in quasi-offenses. In the technical term Reckless Imprudence resulting in Homicide, what is punished is not the act itself but the mental attitude or condition behind the act. Negligence is a quasi-offense. What is punished is not the effect of the negligence but the recklessness of the accused. Contributory negligence of offended party is not a defense but only mitigates criminal liability. Violation of a rule or regulation or law is proof of negligence. No criminal liability for death or injuries caused by recklessly negligent acts to trespassers where the defendant was not aware of their presence. QUALIFYING CIRCUMSTANCE IN QUASI OFFENSES The offenders failure to lend on-the-spot assistance to the victim of his negligence or abandoning ones victim is usually punishable under Art. 275. However, if it is charged under Art. 365, it is only a qualifying circumstance. If not alleged at all, it cannot even be considered as an aggravating circumstance. TEST OF NEGLIGENCE Q: Did the defendant, in doing the alleged negligent act, use the reasonable care and caution which an ordinary prudent person would have used in the same situation? If not, then he is guilty of negligence. RECKLESS IMPRUDENCE The immediate personal harm or damage to property is perceivable and can be prevented by the exercise of reasonable care. The want of FORCE MAJEURE Events which could not be foreseen, or which, though foreseen, were inevitable. It implies an extraordinary

1. 2.

3.

This Administrative Circular does not remove imprisonment as an alternative penalty for the crime 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.

END OF DISCUSSION ON TOPIC 13. CRIMES AGAINST HONOR

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14. Quasi Offenses

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CRIMINAL NEGLIGENCE
================================================= ART. 365. IMPRUDENCE AND NEGLIGENCE QUASI-OFFENSES ARE COMMITTED IN 4 WAYS: 1. By committing through reckless imprudence any act which, had it been intentional, would constitute a grave or less grave felony or light felony; 2. By committing through simple imprudence or negligence an act w/c would otherwise constitute a grave or a less serious felony; 3. By causing damage to the property of another through reckless imprudence or simple imprudence or negligence; or 4. By causing through simple imprudence or negligence some wrong which, if done maliciously, would have constitute a light felony. ELEMENTS OF RECKLESS IMPRUDENCE: 1. That the offender does or fails to do an act; 2. That the doing of or the failure to do that act is voluntary; 3. That it be without malice; 4. That material damage results; and 5. That there is inexcusable lack of precaution on the part of the offender, taking into consideration a. his employment or occupation, b. degree of intelligence, physical condition, and c. other circumstances regarding persons, time and place.

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reasonable care to prevent harm or damage constitutes reckless imprudence.

circumstance which is independent of the will of the actor.

LAST CLEAR CHANCE RULE The 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. DOCTRINE OF PRE-EMPTION IN VEHICLE COLLISIONS Although the driver of a motor vehicle crossing a thru-street is supposed to wait along the intersection for the driver of another vehicle running along said thru-street, if the driver crossing the street had already reached the middle thereof, the other driver travelling along the thru-street, although with a right of pre-emption, has the duty to stop his motor vehicle in order to avoid a collision. EMERGENCY RULE A person confronted with emergency may be left with no time for thought and must make speedy decision based on impulse or instinct, and cannot be held liable for same conduct as one who had the opportunity to reflect. This is applicable only when the situation that arises is sudden, unexpected, and is such as to deprive him of all opportunity for deliberation. Eg. An automobile driver, who, by the negligence of another, is suddenly placed in an emergency and is 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. NOTE: Must be based on negligence of another with no proof of his own negligence.

END OF DISCUSSON ON TOPIC

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