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who owes allegiance to it. Elements of Treason: 1. That the offender is a Filipino citizen or an alien residing in the Philippines; 2. That there is a war in which the Philippines is involved; 3. That the offender either (a) levies war against the government, or (b) adheres to the enemies, giving them aid and comfort. Two ways of committing treason: By levying war against the government (levying of war must be in collaboration with a foreign enemy) OVERT: actual assembling of men By adhering to the enemies of the Philippines, giving them aid or comfort (adherence alone, without giving the enemy aid or comfort, does not constitute treason, and vice versa) OVERT: any deed or physical activity which strengthens or tends to strengthen the enemy in the conduct of war; render assistance to the enemies as enemies, in furtherance of their hostile design (e.g. being a Makapili is an overt act of giving the enemy aid or comfort) INTENT: betray the traitor’s country (i.e. deliver the country, whole or in part to the enemy)
INTENT: executing a treasonable design by force (i.e. deliver the country, whole or in part to the enemy) Persons who may incur liability: 1. Any Filipino citizen anywhere 2. Any foreigner residing in the Philippines
How treason is proved: 1. Testimony of two witnesses, at least, to the same overt act 2. Confession of the accused in an open court Two-witness rule: – required to prove the overt act of giving comfort – each of the witnesses must testify to the whole overt act; if the overt act is separable, there must be two witnesses to each part of the overt act – not affected by discrepancies in minor details of the testimony Exception to the two witness rule: 1. When there is confession made in open court 2. On proving adherence to enemy (it may be proved by one witness only since it is intent, not overt act) Art 116: Misprision of Treason – concealing or not disclosing knowledge of any conspiracy to commit treason Elements of Misprision of Treason: 1. That the offender must be owing allegiance to the Government, and not a foreigner; 2. That he has knowledge of any conspiracy (to commit treason) against the Government 3. That he conceals or does not disclose and make known the same a.s.a.p. to the governor or fiscal of the province or the mayor or fiscal of the city in which he resides Distinction of offender in treason and misprision or treason: – treason can be committed by an alien as long as he resides in the Philippines while misprision on treason can only be committed by a Filipino citizen – offender in misprision is punished as an accessory to treason in terms of penalty although misprision is a distinct crime Art 117: Espionage – offense of gathering, transmitting, or losing information respecting the national defense with the intent or reason to believe that the information is to be used to the injury of the Republic of the Philippines or to the advantage of any foreign nation Two ways of committing espionage under Art 117: 1. By entering, without authority therefor, a warship, fort, or naval or military establishment or reservation to obtain any 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 paragraph 1, which he had in his possession by reason of the public office he holds
Page 2 of 31 Other acts of espionage punished under CA 616: 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 4. Disloyal acts or words in time of war 5. Conspiracy to violate preceding sections 6. Harboring or concealing violators of the law 7. Using or permitting or procuring the use of aircraft for the purpose of making photo of AFP equipments 8. Unauthorized reproduction, publishing, selling, etc of uncensored copies of photo, sketch, etc 9. Injuring or destroying or (attempting to) war materials, premised, or war utilities when Phil is at war 10. Making or causing war materials to be defective 11. Injuring or destroying national defense materials, premises, or utilities 12. Making or causing to be made in a defective manner (or attempting to) national defense materials Difference between espionage under Art 117 and CA 616: Art 117 punishes only the actual entering of the offender for the purpose of obtaining confidential info only the person who tried to obtain info or disclosed the confidential info CA 616 punishes even conspiracy to commit such act punishes those who received the info, those who induced the offender, as well and those who harbors the violators of the law punishes disloyal acts or words as well
Art 122: Piracy – 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 Art 122: Mutiny – unlawful resistance to a superior officer, or the raising of commotions and disturbances on board a ship against the authority of its commander Elements of Piracy: 1. That the vessel is on the high seas or in Philippine waters; 2. That the offenders are not members of its complement or passengers of the vessel; 3. That the offenders (a) attack or seize the whole or part of the cargo of said vessel, its equipment or personal belongings of its complement or passengers *Mutiny is also punished under the same title; but it is usually committed by the members of the complement and may be committed by the passengers Piracy vs. Robbery on high seas: – offender in robbery on high seas is a member of the complement or a passenger of the vessel while in piracy, offender is an outsider; both have intent to gain and the manner is the same Piracy vs. Mutiny: – offender in piracy is an outsider while offender in mutiny are members of crew or passengers – intent to gain is essential in piracy while in mutiny, offenders may only intend to ignore the ship’s officers or commit plunder Mutiny vs. Robbery on High Seas: – intent to gain is essential in robbery while in mutiny, offenders may only intend to ignore the ship’s officers or commit plunder Art 123: Qualified Piracy – piracy accompanied by the any of following circumstances: 1. Whenever they have seized a vessel by boarding or firing upon the same 2. Whenever the pirates have abandoned their victims without means of saving themselves; 3. Whenever the crime is accompanied by murder, homicide, physical injuries, or rape *Qualifying circumstance # 3 also qualified mutiny People vs. Lol-lo, et al doctrine: – Piracy is a crime not against any particular state but against all mankind and as such, the jurisdiction of piracy has no territorial limits Hijacking (RA 6235):
Page 3 of 31 Unlawful acts: 1. Compel a change in course or destination of an aircraft or RP registry or to seize/usurp control while in flight 2. Compel an aircraft of foreign registry to land in the RP or to usurp control while in this territory 3. Carry or load into a passenger aircraft operating as public utility within RP , any explosive, flammable, corrosive or poisonous substance or material Qualifying circumstances: 1. Offender has fired upon the pilot, member of crew, or passenger 2. Offender has exploded or (attempted to) any bomb or explosive to destroy the aircraft 3. Whenever crime is accompanied by murder, homicide, serious physical injuries, or rape Hijacking vs. Piracy (Similarities) – both offenses includes seizure of a vessel (water and air) – both offenses have qualifying circumstances for higher penalty, which is concerned in the manner of committing the offense Hijacking vs. Piracy (Differences) – Piracy can only be committed by outsider but hijacking does not qualify the offender – Piracy is not concerned about the registry of the vessel nor its location as long as it is in the seas while hijacking can only be committed in RP vessel or foreign vessel in RP territories – Hijacking may also be committed by simply carrying certain substances aboard the ship regardless if there was violence or not – Hijacking may be qualified even without physical injuries, as long as the hijacker fires at the persons enumerated Title Two: Crimes Against the Fundamental Laws of the State Basic concept of offenses punished under this title: – They are called crimes against the fundamental laws of the state because they violate certain provisions of the Bill or Rights: 1. Section 1: no person shall be deprived of liberty 2. Section 2: right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizure 3. Section 4: freedom of speech, of expression, or of the press; right of people to peaceably assemble 4. Section 5: right to establishment and exercise of religion 5. Section 6: the liberty of abode and of changing the same Rule 113: Arrest – taking of a person into custody in order that he may be bound to answer for the commission of an offense Basic Framework Governing Arrests: General Rule: Arrests should be made with a warrant, except for circumstances mentioned in Rule 113 for arrests without warrant When warrant of arrest may issue (Rule112): 1. By the RTC, within 10 days from the filing of complaint or information after the judge personally evaluates the resolution of the prosecutor and supporting evidence and finds probable cause (if no probable cause, judge may order prosecutor to present additional evidence w/in 5 days and issue must be resolved w/in 30 days) 2. By MTC, after the information is filed and judge’s findings are affirmed by provincial or city prosecutor or by the Ombudsman or his deputy OR if after an examination in writing and under oath of the complainant and his witnesses, judge finds probable cause and that there is a necessity or placing the person under immediate custody Validity of warrant: 10 days from issuance Exceptions to general rule of necessity of warrant: 1. When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit and offense 2. When an offense has just been committed and he has a probable cause to believe based on personal knowledge or facts or circumstances that the person to be arrested has committed it 3. When the person to be arrested is a prisoner who has escaped from a penal establishment or place where is serving final judgment or is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another 4. person in contempt 5. administrative arrest in connection with deportation proceedings Art 124: Arbitrary Detention – detention without legal grounds or a person by a public officer or employee
Page 4 of 31 Elements or Arbitrary Detention: 1. That the offender is a public officer or employee 2. That he detains a person 3. That the detention is without legal grounds Persons who may incur liability: – public officer or employee vested with authority to detain or order detention of persons accused of a crime (barangay captains included) Arbitrary Detention vs. Kidnapping and Serious Illegal Detention: – Kidnapping/Serious illegal detention is committed by a private person; if offender is a public official/employee vested with authority to detain, the crime is arbitrary detention Art 125: Delay in the delivery of detained persons to the proper judicial authorities: Elements: 1. That the offender is a public authority 2. That he has detained a person for some legal ground 3. That he fails to deliver such person to the proper judicial authorities within: a. 12 hours for crimes punishable by light penalties, or their equivalent b. 18 hours, for crimes or offenses punishable by correctional penalties, or their equivalent c. 36 hours, for crimes or offenses punishable by afflictive or capital penalties Delivery – making an accusation or charge or filing of an information against the person arrested with the corresponding court or judge, whereby the latter acquires jurisdiction to issue an order of release or of commitment of the prisoner Applicability of the article: – applies only when the arrest is made without warrant of arrest and the arrest is lawful since if the arrest was done with warrant, it means that there is already a complaint or information filed against the offender with the court which issued the warrant of arrest (under Rule 112, a filed complaint or information is a requisite for issuing a warrant of arrest) Extended period of detention allowed under the HSA 2007: – 3 days (72 hrs) for crimes or piracy, rebellion or insurrection, coup d’etat, murder, kidnapping and serious illegal detention, crimes involving destruction, crimes violating the law on arson (PD 1613), Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990 (RA 6969), Atomic Energy Regulatory and Liability Act of 1968 (RA 5207), Anti-Hijacking Law (RA 6235), Anti-piracy and Anti-highway Robbery Law of 1974 (PS 532), and Decree Codifying the Laws on Illegal and Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms, Ammunitions or Explosives (PD 1866) RA 7438: Act Defining Certain Rights of Persons Arrested, Detained, or Under Custodial Investigation 1. 2. 3. 4. 5. 6. 7. right to be assisted by counsel at all times right to be informed of the cause of detention right to be informed of his rights to remain silent and to have a competent & independent counsel custodial investigation shall be reduced to writing signed by the accused at the presence of his counsel or the assisting counsel any extrajudicial investigation shall be in writing & signed by the accused in the presence of his counsel waiver of provisions of Art 125 shall be in writing & signed in the presence of his counsel right to be allowed visits by or conferences with any member of his immediate family, his doctor, priest, and any NGO
Art 128: Violation of Domicile Acts punishable: 1. By entering any dwelling against the will of the owner thereof 2. By searching papers or other effects found therein without the previous consent of such owner 3. By refusing to leave the premises, after having surreptitiously entered said dwelling and after having been asked to leave the same Elements common to three acts: 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 and other effects Against the will of the owner vs. without the owner’s consent:
Page 5 of 31 – – the act of entering against the will of the owner presupposes opposition or prohibition by the said owner, whether express or implied entering without the owner’s consent is the same having surreptitiously entered the dwelling, which does not constitute an offense unless the public officer/employee refuses to leave when required by the owner to do so
Rule 126: Search and Seizure General Rule: Searches and seizures should be made with a search warrant Properties to be seized: 1. subject of the offense 2. stolen or embezzled and other records or fruits of the offense 3. used or intended to be used as the means of committing the offense Requisites: 1. probable cause in connection with one specific offense 2. particular description of the place to be searched & things to be seized Other rules: 1. Judge must personally examine in the form of searching questions answers in writing under oath the complainants and witnesses before issuing a warrant 2. If the judge is satisfied, he shall issue the warrant 3. If the officer is refused admittance to the place, he may break the door or window to effect search 4. No search shall be made except in the presence of lawful occupant or any member of the family or 2 witnesses of sufficient age and discretion residing in the same locality 5. Search warrant is valid for 10 days upon issuance 6. Officer seizing must give a detailed receipt to the lawful occupant or leave it in the place Exception to the need of search warrants in making searches and seizures: 1. When searches and seizures are incident to a lawful arrest 2. When the search is made outside the domicile or in a vehicle Stonehill vs. Diokno doctrine: – no warrants shall be issues except upon probable cause in connection with one specific offense (warrant cannot just say that he offender violates the RPC/any code; it should be specific) – General warrants violate the constitution (warrants should particularly describe the things to be seized) Burgos Sr. vs. Chief of Staff doctrine: – General warrants violate the constitution (warrants should particularly describe the things to be seized) – To be able to established probable cause, affidavit for the application of search warrant should include a narration of facts (raw facts/acts which constitutes the offense), not a conclusion of law (the offense itself) since it should be the judge who will determine the crime/offense based on the narration of facts in the affidavit Art 133: Offending Religious Feelings – committed when a person performs acts directed against religious practice or dogma or ritual for the purpose of ridicule, as mocking or scoffing at or attempting to damage an object or religious veneration in a place devoted for religious worship or religious ceremonies Religious ceremonies – religious acts preformed outside of a church, such as processions and special prayers for burying dead persons Prevailing doctrines: In determining probable cause (which determines WON case merits a trial): Whether or not the act complained of is offensive to the religious feelings is a question of fact which must be judged only according to the feelings of the members of the religion (People vs. Baes) In determining conviction: An offense to religious feelings should not be made to depend upon the conception of any religion but should be gauged by the nature of the act committed (People vs. Tengson) Implications of prevailing doctrines as to the burden of proof for conviction: – greater proof required to have a conviction since judgment will be objectively based on nature of the acts committed and not on the subjective view of the members of the religion Title Three: Crimes Against Public Order Art 135: Rebellion or Insurrection: Elements: 1. That there be
Page 6 of 31 a. public uprising and b. taking arms against the Government That the purpose of the uprising or movements is either a. to remove from the allegiance to said government or its laws: (1) the territory of the Philippines or any part thereof (2) any body of land, naval or other armed forces b. to deprive the Chief Executive or Congress, wholly or partially, of any of their powers or prerogatives
Rebellion vs. Insurrection – object of rebellion is completely to overthrow and supersede the existing government – object of insurrection is merely to effect some change of minor importance or to prevent the exercise of governmental authority with respect to particular matters or subjects People vs. Hernandez doctrine: – Murder and other common crimes cannot be complexed with rebellion. When murder and other common crimes are committed in furtherance of rebellion, it is absorbed by rebellion as one single offense Hernandez doctrine as applied in Enrile vs. Salazar: – The Hernandez doctrine is applicable regardless of when the murder or other common crimes were done with respect of the rebellion. That is, rebellion cannot be complexed with murder and other common crimes done in furtherance of the rebellion or in the occasion of rebellion, provided that the common crimes are done with political motivation. Hernandez doctrine vis-à-vis Human Security Act: - The HAS may render the Hernandez doctrine ineffective since it creates a new common crime of terrorism, which places rebellion under it. In effect, when a person does acts in violation of the article on rebellion, he will no longer be charged of rebellion but of terrorism. The HAS no longer puts all crimes committed in furtherance of a political motive into one category, which can be absorbed by rebellion. Thus, a person charged with terrorism under the HAS can still be charged with other common crimes even if they have political motives, as long as they are not included in the elements of terrorism. People vs. Dasig doctrine: – The act of killing a police officer, knowing too well that the victim is a person in authority is a mere component or ingredient of rebellion or an act done in furtherance of rebellion. – This doctrine applies only when the accused has been established to be a member of a subversive organization and it should be noted that the allegation of his membership should be done at the earliest possible opportunity and not just a mere afterthought. Art 134-A: Coup d’etat: Elements: 1. That the offender is a person or persons belonging to military or police or holding any public office employment 2. That it is committed by means a swift attack accompanied by violence, intimidation, threat, strategy or stealth 3. That the attack is against duly constituted authorities of RP, or any military camp or installation, communication networks, public utilities or other facilities needed for the exercise and continued possession of power 4. That the purpose of the attack is to seize or diminish state power Rebellion vs. Coup d’etat: – offender in coup d’ etat should be a person belonging to the military or holding public office/employment while rebellion can be committed by any person – in coup d’etat, there should be a direct attack against the gov’t authorities, military camp, or installation, etc while in rebellion, a public uprising against the government is enough as one element Art 139: Sedition: Elements: 1. That the offender rise (1) publicly and (2) tumultuously 2. That they employ force, intimidation, or other means outside of legal methods 3. That the offenders employ any of those means to attain any of the following objects: a. To prevent promulgation or execution of any law or the holding of any popular election b. To prevent the National Government, or any provincial or municipal government, or any public officer thereof from freely exercising its of his functions, or prevent the execution of any administrative order c. To inflict any act of hate or revenge upon the person or property of any public officer or employee d. To commit, for any political or social end, any act of hate or revenge against private persons or any social class
Page 7 of 31 e. To despoil, for any political or social end, any person, municipality or province, or the Nat Gov’t of all its property or any part thereof
Rebellion vs. Sedition: – in rebellion, the public uprising must be against the government while in sedition, it is enough that there is public uprising – the purpose of rebellion is always political while for sedition, it could be social Coup d’etat vs. Sedition: – there is no minimum number of persons for committing coup d’etat while for sedition, there should be more than 3 armed men to appreciate sedition – purpose of coup d’etat is political while sedition can be social Art 142: Inciting to Sedition: Acts punished: 1. Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches, proclamations, writings, emblems, etc 2. Uttering seditious words or speeches which tend to disturb the public peace 3. Writing, publishing, or circulating scurrilous libels against the Government or any of the duly constituted authorities thereof, which tend to disturb the public peace (non-direct incitement) Additional element: That the offender does not take part in the crime of sedition * It is not necessary that the words used should in fact result in a rising of the people against constituted authorities. It is enough that the utterances endanger public order When 1. 2. 3. 4. seditious words or speeches and writing, publishing or circulating scurrilous libels are punishable: They tend to disturb or obstruct any lawful officer in executing functions of his office They tend to instigate others to cabal and meet together for unlawful purposes They suggest or incite rebellious conspiracies of riots 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
Two rules relative to seditious words: 1. Clear and present danger rule a. uttering them should create a danger of public uprising, and such danger should be clear and imminent b. there must be reasonable ground that the danger is imminent and that the evil to be prevented is a serious one c. the danger must not only be probable but very likely inevitable 2. Dangerous tendency rule a. when words uttered or published could easily produce disaffection among the people and a state of feeling incompatible with a disposition to remain loyal to the Government Constitutional impact of the law on inciting to sedition: – This may result to a curtailment of Section 4, Art III of the constitution: freedom of speech, of expression, or of the press since the law looks only at a mere tendency and consequently, any article criticizing the government may be construed as having a tendency to stir up the people against lawful authorities, etc Incitement to sedition vs. incitement to rebellion, treason, etc: – incitement to sedition punishes indirect incitement while the other forms of incitement punishes only direct incitement (i.e. inciting others to accomplish the act or rebellion, insurrection, etc) Art 145: Violation of Parliamentary Immunity: Acts punished: 1. By using force, intimidation, threats, or frauds to prevent any member of the national assembly from (1) attending the meetings of the Assembly or of any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or from (2) expressing his opinions, or (3) casting his vote Note: Offender can be any person; actual prevention is not required as long as the purpose is to do so 2. By arresting or searching any member thereof while the National Assembly is in regular or special session, except in case such member has committed a crime punishable under the Code by a penalty higher than prision mayor (6 yrs to 12 yrs) Issues concerning the provision vis-à-vis the constitution: – The second act punished in the article is inconsistent with the Constitution which provides in Sec 11, Art VI that Senators and Members of the House of Representatives are privileged from arrest for all offenses punishable by not more than 6 yrs of imprisonment while the congress is in session
Page 8 of 31 – – Thus, under the Constitution, members of the congress is not immune if their offense is punishable by prision mayor while under the RPC, they are still immune on such circumstance This issue renders the RPC provision ineffective
Art 146: Illegal Assemblies: The following are considered illegal assemblies: 1. Any meeting attended by armed persons for the purpose of committing any of the crimes punishable under the Code 2. Any meeting in which the audience, whether armed or not, is incited to the commission of the crime of treason, rebellion, or insurrection, sedition, or assault upon a person in authority or his agents Illegal assemblies under RPC vs. Public Assembly Act: – The Public Assembly Act is more restrictive than Art 146 in the RPC since the Public Assembly Act considers all assemblies (except those committed in private property or freedom park) as illegal if done without permit, even if they are not done to violate any law or to incite others for treason, rebellion, etc Art 148: Direct Assaults Two ways of committing direct assault: 1. Without public uprising, by employing force or intimidation for the attainment of any of the purposes enumerated in defining the crimes of rebellion and sedition 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 Note: the offender must know that the one he is assaulting is a person of authority *intimidation or resistance must be serious whether the offended party is a person in authority or his agent *force employed against agents of persons in authority must be serious (dangerous to civil society) while the force employed against persons in authority need not be serious *person in self defense is not liable for direct assault except when he challenged the person in authority or his agents in a fight, in which case he is still liable even if the other party agrees to fight * slight physical injury is absorbed Qualifying circumstances: 1. when the assault is committed with a weapon 2. when the offender is a public officer or employee 3. when the offender lays hands upon a person in authority Persons in authority – any person with the power or authority to govern and execute laws, whether as an individual or as a member of some court or governmental corporation, board, or commission (e.g. division of superintendent of schools, president or sanitary division, teachers, mayors, barangay captains) Agents of persons in authority – one who, by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property (e.g. policemen, municipal treasurer, postmaster, rural policemen, sheriff, agents of BIR, Malacañang confidential agent) Art 149: Indirect Assault: Elements: 1. That a person in authority or his agent is the victim of any of the forms of direct assault defined under Art 148 2. That a person comes to the aid of such authority or his agent 3. That the offender makes use of force or intimidation upon such person coming to the aid of the authority or his agent Direct Assault vs. Indirect Assault DIRECT ASSAULT Committed only against persons in authority or their agent INDIRECT ASSAULT Committed against persons not in authority nor their agents Can only be committed when a direct assault is also committed. Otherwise, crime may only be physical injury
Art 156: Delivering Prisoners From Jail: Elements: 1. That there is a person confined in a jail or penal establishment
Page 9 of 31 2. That the offender removes therefrom such person, or helps the escape of such person
Persons who may incur liability: – any person who is not a public officer in charged or having custody of the prisoner (if the offender is a public officer having custody of the prisoner, the crime is infidelity in the custody of a prisoner) Prisoners covered: 1. detention prisoner 2. prisoner by final judgment Art 157: Evasion of Service of Sentence: Elements: 1. That the offender is a convict by final judgment 2. That he is serving a sentence which consists of deprivation of liberty 3. That he evades the service of his sentence by escaping during the term of his sentence Qualifying circumstances: 1. By means of unlawful entry 2. By breaking doors, windows, gates, walls, roofs, or floors 3. By using picklocks, false keys, disguise, deceit, violence, or intimidation 4. Though connivance with other convicts or employees of the penal institutions * this is applicable to destierro but not to deportation Art 158: Evasion of Service of Sentence on the Occasion of Disorders: Elements: 1. That the offender is a convict by final judgment, who is confined in a penal institution 2. That there is disorder resulting from conflagration, earthquake, explosion, similar catastrophe, or mutiny (in which the prisoner did not participate) 3. That the offender evades the service of his sentence by leaving the penal institution where he is confined, on the occasion of such disorder or during the mutiny 4. That the offender fails to give himself up to the authorities within 48 hrs following the issuance of a proclamation by the Chief Executive announcing the passing away of such calamity Art 159: Other Causes of Evasion of Service of Sentence (violation of conditional pardon) Elements: 1. That the offender was a convict 2. That he was granted a conditional pardon by the Chief Executive 3. That he violated any of the conditions of such pardon * When the condition is that the offender should not again commit another crime, the offender must be found guilty before he can be prosecuted under Art 159 * Notwithstanding this provision, the offender can be re-incarcerated even without trial under Sec 64(i) of the Revised Administrative Code which gives power to the President to authorize arrest and re-incarceration on the basis of his own judgment (only for those given pardon) Art 160: Commission of Another Crime During Service of Penalty for Another Previous Offense (quasi recidivism) Quasi-Recidivism – special aggravating circumstance where a person, having been convicted by final judgment, shall commit a new felony before beginning to serve such sentence or while serving the same. He shall be punished by the maximum period of the penalty prescribed by law for the new penalty Elements of Quasi-recidivism: 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 Other Rules: 1. Second crime must be a felony (i.e. punished under RPC), but the first crime need not be a felony 2. The new offense need not be different form the first one committed unless the first one is not a felony 3. It does not require that both offenses are under the same title under the RPC (this is only required in recidivism, where the second crime must be committed after the service of sentence of the first) 4. If the second crime is committed after the service of the first and the 2 crimes are not under 1 title of the PRC, the circumstance is reiteracion 5. Quasi-recidivism cannot be offset by any ordinary mitigating circumstance
Page 10 of 31 6. A quasi-recidivist may be pardoned when he reaches 70 yes old and he has already served out his original sentence provided that he is not a habitual criminal
Title Four: Crimes Against Public Interest Crimes of Forging: Making-Importing-Uttering-Mere Use Framework 1. Forging the seal of the Government, signature or stamp of the Chief Executive (Art 161) Making: a. Forging the Great Seal of the Government of the Philippines b. Forging the signature of the president c. Forging the stamp of the President Mere Use (Art 162, Elements): 1. That the Great Seal of the republic was counterfeited or the signature or stamp of the Chief Executive was forged by another person 2. That the offender knew of the counterfeiting or forgery 3. That he used the counterfeit seal or or forged signature or stamp 2. Counterfeiting Coins (Art 163) (counterfeiting – imitation of a legal coin) Making (Art 163, Elements): 1. That there be false coins 2. That the offender made such coins Importing (Art 163, Elements): 1. That there be false coins 2. That the offender made such coins Uttering (Art 163, Elements): 1. That there be false coins 2. That the uttered such coins 3. That the offender connived with the counterfeiters or importers of the false coins Uttering (Art 165, Acts punished): 1. Possession of coin, counterfeited or mutilated by another person, with intent to utter the same, knowing that it is false or mutilated 2. Actually uttering such false or mutilated coins, knowing the same to be false and mutilated * this article does not require connivance with counterfeiter/importer * if object is false coin, it need not be legal tender, but if mutilated coin, it should be legal tender 3. Mutilation of Coins (Art 164)
Making (Art 164, Acts punished): 1. Mutilating coins of legal currency with intent to damage or defraud another Making (PD 247, Acts punished): 1. Willfully defacing, mutilating, tearing, burning, or destroying whatsoever currency notes and coins issued by the Central Bank Importing (Art 164, Acts punished): 1. Importing mutilated coins Uttering (Art 164, Acts punished): 1. Uttering mutilated coins with connivance with the importer or mutilator 4. Forging treasury or bank notes or other documents payable to bearer (Art 166) (forging – giving to e treasury or bank note or any instruments payable to bearer the appearance of a true and genuine document) (falsification – erasing, substituting, counterfeiting, or altering by any means, the figures, letters, words, or signs contained therein) Making (Art 166, Acts punished): 1. Forging or falsification or treasury bank notes, certificates or other documents payable to bearer
Page 11 of 31 Importing (Art 166, Acts punished): 1. Importing such false or forged obligations or notes Uttering (Art 166, Acts punished): 1. Uttering of such false or forged obligations or notes in connivance with forgers or importers Mere use (Art 168, Elements): 1. That any treasury or bank note or certificate or other obligation and security payable to bearer is forged is falsified by another person 2. That the offender knows that any of those instruments is forged or falsified 3. That he (a) uses such forged or falsified instrument, or (b) possess with intent to use any of such forged or falsified instruments 5. Counterfeiting instruments not payable to the bearer (Art 167) Making (Art 167, Elements): 1. That there be an instrument payable to order or other document of credit not payable to the bearer 2. That the offender forged such instrument Importing (Art 167, Elements): 1. That there be an instrument payable to order or other document of credit not payable to the bearer 2. That the offender imported such instrument Uttering (Art 167, Elements): 1. That there be an instrument payable to order or other document of credit not payable to the bearer 2. That the offender uttered such instrument 3. That the offender connived with the forger or importer Mere use (Art 168, Elements): 1. That any instrument payable to order or other document of credit not payable bearer is forged is falsified by another person 2. That the offender knows that any of those instruments is forged or falsified 3. That he (a) uses such forged or falsified instrument, or (b) possess with intent to use any of such forged or falsified instruments Art 170: Falsification of Legislative Documents: Elements: 1. That there be a bill, resolution, or ordinance enacted or approved or pending approval by either House of Legislature or any provincial board or municipal board 2. That the offender alters the same 3. That he has no proper authority therefor 4. That the alteration has changed the meaning of the document * Offender is any person Art 171: Falsification by Public Officer, Employee or Notary or Ecclesiastical Minister: Elements: 1. That the offender is a public officer, employee, or notary public 2. That he takes advantage of his official position 3. That he falsifies a document by committing any of the following acts: a. Counterfeiting or imitating any handwriting, signature or rubric (1) counterfeiting by imitating (2) feigning/simulating a signature which does not exist b. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate c. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them d. Making untruthful statements in a narration of facts (1) That the offender makes in a document a narration of facts (2) That he has a legal obligation to disclose the truth of the facts (3) That the facts narrated are absolutely false (no colorable truth) (4) That the perversion of truth in the narration or facts was made with wrongful intent of injuring a third person (not required when document falsified is a public document) e. Altering true dates f. Making any alteration or intercalation in a genuine document which changes its meaning (material matter)
Page 12 of 31 g. Issuing in authenticated form a document purporting to be a copy of an original document when no such original exists, or including in such copy a statement contrary to, or different from, that of the genuine original h. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry or official book In case the offender is an ecclesiastical minister, the act of falsification is committed with respect to any record or document of such character that its falsification may affect the civil status of persons
Elements of falsification of public documents: 1. That the offender committed any of the acts of falsification enumerated in Art 171 2. That the falsification is committed in any public document Elements of falsification of private documents: 1 That the offender committed any of the acts of falsification enumerated in Art 171 2 That the falsification is committed in any private document 3. That the falsification caused damage to a third party or at least the falsification was committed with intent to cause such damage Art 172: Falsification by Private Individuals and Use of Falsified Documents: Acts punished: 1. Falsification of public, official or commercial document by a private individual Elements: 1. That the offender is a private individual or a public officer or employee who did not take advantage of his official position 2. That he committed any of the acts of falsification enumerated in Art 171 3. That the falsification was committed in a public or official or commercial document 2. 1 2 3 3. Falsification of private document by any person Elements: That the offender committed any of the acts of falsification, except those in paragraph 7, enumerated in Art 171 That the falsification is committed in any private document That the falsification caused damage to a third party or at least the falsification was committed with intent to cause such damage Use of falsified documents Elements (Introducing in a judicial proceeding): 1. That the offender knew that a document was falsified by another person 2. That the false document is embraced in Art 171 or in any subd #1 and 2 or Art 172 3. That he introduced said document in evidence in any judicial proceeding Elements (Use in any other transactions): 1. That the offender knew that the document was falsified by another person 2. That the false document is embraced in Art 171 or in any subd #1 and 2 or Art 172 3. That he used such document (not in judicial proceeding 4. That the use of the false document caused damage to another or at least it was used with intent to cause such damage
Art 180: False Testimony Against a Defendant: Elements: 1. That there be a criminal proceeding 2. That the offender testified falsely under oath against the defendant therein 3. That the offender who gives false testimony knows that it is false 4. That the defendant against whom the false testimony is given is either acquitted or convicted in a final judgment Art 181: False Testimony Favorable to the Defendant: Elements: 1. That there be a criminal proceeding 2. That the offender testified falsely under oath against the defendant therein 3. That the offender who gives false testimony knows that it is false Art 182: False Testimony in Civil Cases: Elements: 1. That the testimony must be given in a civil case 2. That the testimony must relate to the issuance presented in the said case
Page 13 of 31 3. 4. 5. That the testimony must be false That the false testimony must be given by the defendant knowing the same to be false That the testimony must be malicious and given with intent to affect the issues presented in the case
* Giving false testimonies is punishable in any proceeding regardless of the outcome of such proceeding; the outcome will only affect the penalty to be given * False testimony given in a special proceeding (e.g. habeas corpus) falls under Art 183 Art 183: False Testimony in Other Causes and Perjury in Solemn Affirmation (perjury) Two ways of committing perjury: 1. By falsely testifying under oath 2. By making false affidavit Elements of perjury: 1. That the accused made a statement under oath or executed an affidavit upon a material matter 2. That the statement or affidavit was made before a competent officer, authorized to receive and administer oath 3. That in that statement or affidavit, the accused made a willful and deliberate assertion of a falsehood 4. That the sworn statement or affidavit containing the falsity is required by law Perjury vs. Falsification of public documents: Always requires that false Material matter requirement only in statement is made regarding a certain modes of falsification of public material matter documents (i.e. Mode 6) Taken oath or executed an affidavit Affidavit or oath not required in before a competent officer to be falsification of public documents liable for perjury Sworn statement containing falsity Requirement by law only an element in must always be required by law Mode 4 of falsification of public documents Art 185: Machinations in Public Auctions: Acts punishable: 1. By soliciting any gift or promise as a consideration for refraining from taking part in any public auctions Elements: 1. That there be a public auction 2. That the accused solicited any gift or promise from any of the bidders 3. That such gift or promise was the consideration for his refraining from taking part in the public auction 4. That the accused has the intent to cause the reduction of the price of the thing auctioned 2. By attempting to cause bidders to stay away from an auction by threats, gifts, promises or any other artifice Elements: 1. That there be a public auction 2. That the accused attempted to cause the bidders to stay away from that public auction 3. That it was done by threats, gifts, promises or any other artifice 4. That the accused has the intent to cause the reduction of the price of the thing auctioned
When machination can be appreciated – in a public auction for sale of property, but not on acquisition of property nor procurement Title Five: Crimes Relative to Opium and Other Prohibited Drugs RA 9165: Comprehensive Dangerous Drugs Act of 2002 BASIC FRAMEWORK: Purpose: jail pushers, save users Different classes of acts punished: 1. Manufacture/importation/sale – manufacture, importation, selling, administering, dispensing, delivering, giving away, distributing, dispatching, transporting (of DD, precursor, and equipment) 2. Possession/use (of DD, precursor, equipment, instrument, apparatus, other paraphernalia for drug use, where use = smoking, consuming, administering, injecting, ingesting, introducing into the body; penalty on possession depends on the amt of substance possessed) 3. Maintenance of den (employees and visitors of den are liable)
Page 14 of 31 Kinds of substance prohibited: 1. Dangerous drugs (list found in the Schedules annexed to the 1961 Single Convention on Narcotic Drugs) 2. Controlled precursor – ingredients for manufacture of dangerous drugs Penalties: 1. Pushers: 1st offense – jail 2. Users: 1st offense – rehab, 2nd offense – jail 3. Elective local or national official – removed from office and perpetual disqualification from public office (elective and appointive) a. Benefited from the proceeds of the trafficking of DD b. Received any financial or material contributions or donations Higher penalty given if: 1. acts under class 1 transpire within 100 km from school 2. drug pushers use minors or mentally incapacitated as runners, couriers, and messengers or in any other capacity 3. victim of acts under class 1 is a minor/mentally incapacitated 4. offender manages or acts as financier for act under class 1 5. clandestine laboratory for manufacture is secured by booby traps 6. laboratory is within 100 m from residential, business, church, or school premises 7. clandestine laboratory is concealed with legitimate business operation 8. employment of a practitioner, chemical engineer, public official, or foreigner 9. possession/use is in a company of at least 2 persons (pot session) 10. dangerous drugs is administered in a den to a minor 11. use of the drug is the proximate cause of the death of a person using such den, dive, resort 12. offender organizes, manages or acts as a financier of the den Prima facie evidences/proof: 1. presence of precursor OR laboratory equipment in a clandestine laboratory = manufacture of dangerous drug 2. possession of EIAO = smoked, consumed, administered to himself/herself, injected or used a DD, presumed to have violated Sec 15 ADMINISTRATIVE FRAMEWORK: Dangerous Drug Board – policy-making and strategy-formulating body; decides on adding/deleting substances from the current list of dangerous drugs and precursors Philippine Drug Enforcement Agency – implementing arm of the DDB responsible for the efficient and effective law enforcement of all the provisions of the Act; takes custody of all items confiscated Department of Health – in charged for accreditation of drug testing laboratories and issuance of special prescription paper for practitioners who use DD DepEd, CHED, TESDA – cause the development, publication, and distribution of info an support educational materials DILG, NYC, DSWD – establish in each of its provincial office a special drug education center of out of school youth DSWD – in charged of accreditation of civil organization under which a drug dependent discharged shall undergo community service DRUG TESTING: Mandatory: 1. Applicants for driver’s license 2. Applicants for firearm’s license and for permit to carry firearms outside residence 3. Officers and members of the military, police, and other law enforcement agencies 4. Persons charged before the prosecutor’s office with a criminal offense having an imposable penalty of imprisonment of not less than 6 yrs and 1 day 5. All candidates for public office whether appointed or elected both in the national or local government Random: 1. Students of secondary and tertiary schools – expenses for both public and private born by the government 2. Officers and employees of or public and private offices – ground for termination Title Six: Crimes Against Public Morals
Page 15 of 31 Art 195: Gambling – any game or scheme, whether upon chance of skill, wherein wagers consisting of money, articles or value or representative of value are at stake or made Forms of gambling prohibited: – all games of chance or skill not regulated by PAGCOR wherein wagers consisting of money, articles or value or representative of value are at stake or made Games exempted when exclusively intended for parlor games or home entertainment (LOI 816): 1. Domino 2. Bingo 3. Poker (When not played with Five cards Stud) 4. Cuajo 5. Pangguingue 6. Mahjong Other 1. 2. 3. 4. forms of gambling allowed: lotto horseracing (only on allowed days) cockfighting (only on allowed days) gambling in duly licensed casino
Art 200: Grave Scandal Elements: 1. That 2. That 3. That 4. That the offender performs an act or acts such act or acts be highly scandalous or offending against decency or good customs the highly scandalous conduct is not expressly falling within any other article of this code the act or acts complained of be committed in a public place or within the public knowledge or view
Art 201: Immoral Doctrines, Obscene Publications and Exhibitions, and Indecent Shows Acts punished: 1. Publicly expound or proclaim doctrines openly contrary to public morals 2. Writing, publishing, and selling obscene literatures 3. Exhibiting indecent or immoral plays, scenes, acts, or shows 4. Selling, giving away, or exhibiting films, prints, engravings, sculptures, or literature which are offensive to morals Moral – conformity with the generally accepted standards or goodness or rightness in conduct or character, sometimes, specifically to sexual conduct Test of Obscenity: Kottinger doctrine: Whether the tendency of the matter charged as obscene, is to deprave or corrupt those whose minds are open to such immoral influences, and into whose hands such a publication may fall and also whether or not such publication or act shocks the ordinary and common sense of men as indecency Miller doctrine (newer): 1. whether to the average person, applying contemporary standards would find the work, taken as a whole, appeals to the prurient interest 2. whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law 3. whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value ** the determination of obscenity in the end still lies on the judges Art 202: Vagrants and Prostitutes Persons who may incur liability: 1. Any person having no apparent means of subsistence, who has the physical ability to work and who neglects to apply himself or herself to some lawful calling 2. Any persons found loitering about public or semi-public buildings or places, or tramping or wandering about the country or the streets without visible means of support 3. Any idle or dissolute persons who lodges in houses of ill-fame; ruffians or pimps and those who habitually associate with prostitutes 4. Any person, who not being included in the prevision of other articles of this Code , shall be found loitering in any inhabited or uninhabited place belonging to another without any lawful or justifiable purpose 5. Prostitutes
Page 16 of 31 Exception: Minors Art 202 vs. Anti-Trafficking Law: – Art 202 punished prostitute while the Anti Trafficking Law treat the prostitute as victims of human trafficking and thus absolves them from liability. – In Anti-Trafficking Law, the people punished are those to engage the prostitutes in prostitution and promote prostitution, as well as those who avail the service of prostitutes; on the other hand, the prostitutes undergo preventive, protective, and rehabilitative programs Title Seven: Crimes Committed by Public Officers Art 202: Who are Public Officers Requisites to be considered public officers: 1. That one must be taking part in the performance of public functions in the Government or performing in said Government or in any or its branches public duties as an employee, agent or subordinate official, of any rank or class 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 b. by popular election c. by appointment by competent authority Misfeasance – improper performance of some act which might be lawfully done (Art 204, 205, 206, 207) Malfeasance – performance of some act which ought not to be done (Art 210 and Art 211) Nonfeasance – omission of some act which ought to be performed (Art 208) Art 210: Direct Bribery Elements: 1. That the offender be a public officer within the scope or Art 203 2. That the offender accepts an offer or a promise or receives a gift or present by himself or through another 3. That such offer or promise be accepted, or gift or present received by the public officer a. with a view to committing some crime b. in consideration of the execution of an act which does not constitute a crime, but the act must be unjust c. to refrain from doing something which it is his official duty to do 4. That the act which the offender agrees to perform or which he executes be connected with the performance of his official duties Art 211: Indirect Bribery Elements: 1. That the offender is a public officer 2. That he accepts gifts 3. That the said gifts are offered by reason of his public office Direct bribery vs. Indirect bribery: – In both crimes, the public officer receives gift – While in direct bribery there is an agreement between the public officer and the giver of the gift or present, in indirect bribery, usually, no such agreement exists – In direct bribery, the offender agrees to perform or performs an act or refrains from doing something, because of the gift or promise; in indirect bribery, it is not necessary that the officer should do any particular act or even promise to do an act, as it is enough that he accepts gifts offered to him by reason of his office Art 212: Corruption of Public Officials Elements: That the offender makes offers or promises or gives gifts or presents to a public officer 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 * the law punishes the giver and the public official who receives the gift RA 3019: Anti Graft and Corrupt Practices Act Acts punished:
Page 17 of 31 1. Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense 2. Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself or for any other person, in connection with any contract or transaction between the Government and any other part, wherein the public officer in his official capacity has to intervene under the law 3. Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit, for himself or for another, from any person for whom the public officer, in any manner or capacity, has secured or obtained, or will secure or obtain, any Government permit or license, in consideration for the help given or to be given, without prejudice to Section thirteen of this Act 4. Accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after its termination 5. Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions 6. Neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable time on any matter pending before him for the purpose of obtaining, directly or indirectly, from any person interested in the matter some pecuniary or material benefit or advantage, or for the purpose of favoring his own interest or giving undue advantage in favor of or discriminating against any other interested party 7. Entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby 8. Director or indirectly having financing or pecuniary interest in any business, contract or transaction in connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by the Constitution or by any law from having any interest 9. Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction or act requiring the approval of a board, panel or group of which he is a member, and which exercises discretion in such approval, even if he votes against the same or does not participate in the action of the board, committee, panel or group 10. Knowingly approving or granting any license, permit, privilege or benefit in favor of any person not qualified for or not legally entitled to such license, permit, privilege or advantage, or of a mere representative or dummy of one who is not so qualified or entitled 11. Divulging valuable information of a confidential character, acquired by his office or by him on account of his official position to unauthorized persons, or releasing such information in advance of its authorized release date RA 6713 Code of Conduct and Ethical Standards for Public Officials and Employees Acts punished: 1. financial and material interest – public officials and employees shat not, directly or indirectly, have any financial or material interest in any transaction requiring the approval of their office 2. outside employment and other activities related thereto until 1 yr after resignation/retirement such as: a. own, control, manage, or accept employment as officer, employee, consultant, counsel, broker, agent, trustee or nominee in any private enterprise regulated, supervised, or licensed by their office unless allowed by law b. engage in the private practice of their profession unless authorized by the Constitution or law, provided, that such practice will not conflict or tend to conflict with their official functions (exception to 1 yr rule unless in connection with matter in which he public officer intervened) 3. disclosure and/or misuse of confidential information – public officials and employees shall not use or divulge confidential or classified information officially known to them by reason of their office and nor made available to the public for the following purpose: a. to further their private interests, or give undue advantage to anyone b. to prejudice public interest 4. solicitation of acceptance of gifts – public officials and employees shall not solicit or accept directly or indirectly any gift, gratuity, favor, entertainment, loan or anything of monetary value from any person in the course of their official duties or in connection with any operation being regulated by, or any transaction which may be affected by the functions of their office Divestment: – When a conflict of interest arises, the public officer must: 1. resign from his position in any private business enterprise within 30 days from his assumption of office and/or 2. divest himself of his shareholdings or interests within 60 days from such assumption RA 7080: Plunder Law Acts punished (Section 1): 1. through misappropriation, conversion, misuse or malversation of public funds
Page 18 of 31 2. 3. 4. 5. 6. 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 by the illegal or fraudulent conveyance or disposition of assets belonging to the Natl Govt or any of its subdivisions, agencies or instrumentalities or GOCCs and their subsidiaries by obtaining, receiving, or accepting directly or indirectly any shares of stock, equity, or any other form of interest or participation including promise of future employment in any business enterprise pr undertaking by establishing agricultural, industrial, or commercial monopolies or other combinations and/or implementations of decrees and orders intended to benefit particular persons or special interests by taking undue advantage of official position, authority, relationship, connection or influence to unjustly enrich himself or themselves at the expenses and to the damage and prejudice of the Filipino people and the republic
Definition of crime of plunder (Section 2): – Any public officer who, by himself or in connivance with members of his family, relatives or by affinity or consanguinity, business associates, subordinates or other persons, amasses, accumulates, or acquires ill-gotten wealth through a combination or series of overt or criminal acts described in Section 1 in the aggregate amount of P50M Rule on evidence (Section 4): – It is sufficient to establish a pattern of overt acts indicative of the overall unlawful scheme or conspiracy – Rendered ineffective by Estrada vs. Sandigan since it held that the prosecution should be able to prove a pattern of overt acts in the aggregate amount of P50M RA 1379: Forfeiture Law (An act declaring forfeiture in favor of the State any property found to have been unlawfully acquired by any public officer or employee and providing proceedings therefore) Other legitimately acquired property - any real or personal property, money or securities which the respondent has at any time acquired by inheritance and the income thereof, or by gift inter vivos before his becoming a public officer or employee, or any property (or income thereof) already pertaining to him when he qualified for public office or employment, or the fruits and income of the exclusive property of the respondent’s spouse Not included in the legitimately acquired property: 1. Property unlawfully acquired by the respondent, but its ownership is concealed by its being recorded in the name of, or held by, the respondent’s spouse, ascendants, descendants, relatives, or any other person 2. Property unlawfully acquired by the respondent, but transferred by him to another person or persons on or after the affectivity of this Act 3. Property donated to the respondent during his incumbency, unless he can prove to the satisfaction of the court that the donation is lawful Test if ill-gotten wealth: WON manifestly out of proportion to salary as public officer or employee and to his other lawful income – gives rise to a prima facie presumption of unlawful acquisition – this presumption may be overcome by explanation to the satisfaction of the court Forfeiture Law vs. Other Graft Laws: – forfeiture law punishes the conveyance of the ill-gotten wealth to other people to avoid forfeiture, and not the act of having ill-gotten wealth per se, which is what the other laws punish Art 217: Malversation of Public Funds or Properties: Basic concept: – For malversation to be established, prosecution needs to prove that the accused is a public officer entrusted with a public fund or property and at the time the officer is asked to produce the fund/property, he was not able to do so; it doesn’t matter if the officer did not gain from it as long as the fund was spent not for its purpose) Possible exception: – having misplaced the money at the time it was asked, but it was not spent * Being able to replace the money does not extinguish liability Elements: 1. That the offender be a public officer 2. That he had the custody or control of funds or property by reason of the duties of his power 3. That those funds were public funds or property for which he was accountable 4. That he appropriated, took, misappropriated, or consented or through abandonment or negligence, permitted another person to take them
Page 19 of 31 Infidelity in the Custody of Prisoners (Art 223, 224) Art 223: Conniving with or Consenting to Evasion Elements: 1. That 2. That 3. That 4. That the offender is a public officer he has in his custody or charge, a prisoner, either detention prisoner or prisoner by final judgment such prisoner escaped from his custody he was in connivance with the prisoner in the latter’s escape
Art 224: Evasion Through Negligence: Elements: 1. That the offender is a public officer 2. That he is charged with the conveyance or custody of a prisoner, either detention prisoner or prisoner by final judgment 3. That such prisoner escapes through his negligence Infidelity in the custody of prisoner vs. delivering a prisoner from jail: – in infidelity, the accused is officially in custody of the prisoner while in delivering a prisoner from jail, accused is a third party – infidelity can be committed thru negligence while delivery cannot Art 235: Maltreatment of Prisoners Elements: 1. That the offender is a public officer or employee 2. That he has under his charge a prisoner or detention prisoner 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: (1) by the imposition of punishments not authorized by the regulations (2) by inflicting such punishments (those authorized) in a cruel and humiliating manner b. By maltreating such prisoner to extort a confession or to obtain some information from the prisoner Art 245: Abuses Against Chastity Elements: 1. That the offender is a public officer 2. That he solicits or makes immoral or indecent advances to a woman 3. That such woman must 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 b. Under the custody of the offender who is a warden or other public officer directly charged with the care and custody of prisoners or persons under arrest c. The wife, daughter, sister, or relative within the same degree by affinity of the person in the custody of the offender Solicit – propose earnestly and persistently something unchaste and immoral to a woman Title Eight: Crimes Against Persons • Note the basic framework and difference in circumstances governing crimes involving the killing of persons.
PARRICIDE: killing of persons; involves the circumstance of relationship Elements: 1. a person is killed 2. killed by the accused. 3. deceased is the father, mother or child, whether legitimate or illegitimate, or a legitimate other ascendant or other descendant, or the legitimate spouse, of the accused. MURDER: same; involves the manner in which the crime was committed Elements: 1. person was killed 2. killed by the accused 3. killing was attended by any of the following qualifying circumstances: a. 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.
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In consideration of a price, reward or promise By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a street car or locomotive, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and 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 other public calamity. e. With evident premeditation. f. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse. killing is not parricide or infanticide
INFANTICIDE: same; in relation to status, the age of the offended party Elements: 1. child was killed 2. deceased child was less than three days of age 3. accused killed the said child HOMICIDE: same; in the absence of the circumstances of murder, parricide or infanticide Elements: 1. person was killed 2. accused killed him without any justifying circumstance 3. accused had the intention to kill – presumed 4. killing was not attended by any of the qualifying circumstances of murder, or by that of parricide of infanticide. • Understand fully the rules under Article 247, as elucidated upon by jurisprudence.
Art. 248. Death or physical injuries inflicted under exceptional circumstances. Requisites: 1. a legally married person or a parent surprises his spouse or his daughter, the latter under 18 years of age and living with him, in the act of committing sexual intercourse with another person 2. That he or she kills any or both of them or inflicts upon any or both of them any serious physical injury in the act or immediately thereafter 3. That he has not promoted or facilitated the prostitution of his wife or daughter, or that he or she has not consented to the infidelity of the other spouse. People vs. Abarca: Though one hour had passed between the time the act of sexual intercourse was discovered and the time of the shooting, the killing must be understood to be a continuation of the pursuit of the accused. RPC only requires that the death be the proximate result of the outrage overwhelming the accused after chancing upon his spouse. As to the injury caused by the shooting: because there is no felony to speak of, the injury was only due to negligence. What is the nature of Article 247?
Art. 247 does not define and penalize a felony; the accused is only sentenced to destierro. The act is in fact seen as a lawful act. [Barry]
Distinguish between infanticide, intentional abortion, and unintentional abortion.
INFANTICIDE Elements: 1. child was killed 2. deceased child was less than three days of age 3. accused killed said child INTENTIONAL ABORTION Elements: 1. there is a pregnant woman 2. violence is exerted, or drugs or beverages administered or that the accused otherwise acts upon such pregnant woman [with or without consent of the woman] 3. as a result, the fetus dies, either in the womb or after having been expelled therefrom 4. the abortion is intended UNINTENTIONAL ABORTION Elements: 1. there is a pregnant woman 2. violence is used upon such pregnant woman without intending an abortion 3. violence is intentionally exerted
Page 21 of 31 4. as a result, fetus dies, either in the womb or after having been expelled therefrom
DISTINCTION: in infanticide, child can sustain an independent life after separation from the mother’s womb; in abortion, fetus cannot • Distinguish between mutilation/mayhem and other classes of physical injuries.
MUTILATION Two kinds: 1. intentionally mutilating another by depriving him, either totally or partially, of some essential organ for reproduction 2. intentionally making other mutilation, that is, by lopping or clipping off any part of the body of the offended party, other than the essential organ for reproduction, to deprive him of that part of his body [mayhem] Elements of mutilation: 1. castration – mutilation of organs necessary for generation – penis or ovarium 2. mutilation is caused purposely and deliberately, that is, to deprive the offended party of some essential organ for reproduction DISTINCTION: intention to actually clip off a part of the body to deprive the person of that part; no requisite of such intention in physical injuries • Familiarize yourself thoroughly with the framework governing the different classes of physical injuries. Serious physical injuries Less serious physical injuries Slight physical injuries wounding, beating, assaulting, injuries not serious incapacity or medical attendance administering injurious substance from 1 day to 9 days incapacity more than 30 days incapacity or medical attendance at physical injuries with no incapacity least 10 days but not more than 30 nor medical attendance days medical attendance not important ill-treatment of another by deed without causing any injury Familiarize yourself thoroughly with the new rules governing rape. Elements of rape under paragraph 1: 1. offender is a man 2. offender had carnal knowledge of a woman 3. act is accomplished under any of the following circumstances: a. force or intimidation b. woman is deprived of reason or otherwise unconscious c. fraudulent machination or grave abuse of authority d. woman is under 12 years of age or demented Elements of rape under paragraph 2: 1. offender commits an act of sexual assault 2. act of sexual assault is committed by any of the following means: a. inserting his penis into another person’s mouth or anal orifice b. inserting any instrument or object into the genital or anal orifice of another person 3. act of sexual assault is accomplished under any of the following circumstances a. force or intimidation b. woman is deprived of reason or otherwise unconscious c. fraudulent machination or grave abuse of authority d. woman is under 12 years of age or demented
Note the different modes by which rape can be committed.
– – – –
With the use of a deadly weapon by two or more persons By reason or on occasion of the rape, victim has become insane Rape is attempted and a homicide is committed by reason or on occasion thereof By reason or on occasion of the rape, homicide is committed Aggravating/qualifying circumstances: 1. Victim under 18; offender is parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common law spouse of the parent of the victim 2. Victim is under the custody of the police or military authorities or any law enforcement or penal institution
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3. 4. 5. 6. 7. 8. 9.
Rape is committed in full view of the spouse, parent, any of the children or other relatives within the third civil degree of consanguinity 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 Offender knows that he as afflicted with AIDS or any other STD, and the virus or disease is transmitted to the victim Offender is any 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 By reason or on occasion of the rape, victim suffered permanent physical mutilation or disability Offender knew the pregnancy of the offended party at the time of the commission Offender knew of the mental disability, emotional disorder and/or physical handicap of the victim at the time of the commission
Understand when rape is deemed consummated, based on the doctrines laid down in jurisprudence.
People vs. Orita – For the consummation of the crime of rape, it is not essential that there be a complete penetration of the female organ; neither is it essential that there be a rupture of the hymen. Any penetration of the female organ by the male organ is sufficient. – There is no crime of frustrated rape. From the moment the offender has carnal knowledge of his victim, he actually attains his purpose and, from that moment also, the essential elements of the offense have been accomplished. – Rape is attempted if there is no penetration of the female organ because not all acts of execution was performed. The offender merely commenced the commission of a felony directly by overt acts. People vs. Campuhan – There must be sufficient and convincing proof that the penis indeed touched the labias or slid into the female organ, and not merely stroked the external surface thereof, for the accused to be convicted of consummated rape. Absent any showing of the slightest penetration of the female organ, it can only be attempted rape, if not acts of lasciviousness. – Touching must be with intent to penetrate. Title Nine: Crimes Against Personal Liberty and Security • Understand the definition of “deprivation of liberty.”
KIDNAPPING AND SERIOUS ILLEGAL DETENTION Elements: 1. offender is a private individual 2. he kidnaps or detains another, or in any other manner deprives the latter of his liberty 3. act of detention or kidnapping must be illegal 4. in the commission, any of the following circumstances is present: a. the kidnapping or detention lasts for more than 3 days b. committed simulating public authority c. any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made d. person kidnapped or detained is a minor, female, or a public officer Illegal detention, as defined and punished in the Code, may consist not only in placing a person in an enclosure but also in detaining him or depriving him in any manner of his liberty. People vs. Tomio: psychological deprivation of liberty – While it may be conceded that the victim had the freedom of locomotion, he did not have the freedom to leave the hotel premises at will to go wherever he pleased. He was a foreigner under threat of arrest who did not speak English or Filipino – he was completely dependent on the accused because of fear and the feeling of helplessness. • • When can kidnapping be appreciated separately from homicide/murder of the person detained? When must they be appreciated together as one crime?
People vs. Ramos Where the person kidnapped is killed in the course of the detention, regardless of whether the killing was purposely sought or was merely an afterthought, the kidnapping and murder or homicide can no longer be complexed under Art. 48, nor be treated as separate crimes, but shall be punished as a special complex crime under the last paragraph of Art. 267, as amended by R.A. 7659. • Note the prevailing jurisprudence on abandonment.
Page 23 of 31 Acts punishable under Art. 275 [Abandonment of persons in danger, abandonment of one’s own victim] 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. a. place is not inhabited b. accused found there a person wounded or in danger of dying c. accused can render assistance without detriment to himself d. accused fails to render assistance 2. By failing to help or render assistance to another whom the offender has accidentally wounded or injured. 3. By failing to deliver a child, under seven years of age whom the offender has found abandoned, to the authorities or to his family, or by failing to take him to a safe place. Lamera vs. CA: – when charged with two separate offenses [of reckless imprudence resulting to damage of properties with multiple physical injuries AND abandonment], double jeopardy does not attach. – Art. 275 punishes the failure to help or render assistance to another whom the offender accidentally wounded or injured. There is no need to prove that Lamera was negligent and that it was his negligence that caused the injury. – Sir: “Who’s responsible for the accident is irrelevant.”
Distinguish between the different classes of threat and coercion. Note the specific types of threat and coercion.
GRAVE THREATS Acts punishable as grave threats: 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. Elements: 1. the offender threatens another person with the infliction upon the latter’s person, honor or property, or upon that of the latter’s family, of any wrong 2. that such wrongs amounts to a crime 3. there is a demand for money or that any other condition is imposed, even thought not unlawful 4. offender attains his purpose 2. 3. By making such threat without the offender attaining his purpose.
By threatening another with the infliction upon his person, honor or property o that of his family any wrong amounting to a crime, the threat not being subject to a condition. Elements: 1. offender threatens another person with the infliction upon the latter’s person, honor or property, or upon that of the latter’s family, of any wrong. 2. such wrong amounts to a crime 3. threat is not subject to a condition LIGHT THREATS Elements: 1. offender makes a threat to commit a wrong 2. the wrong does not constitute a crime 3. there is a demand for money or that other condition is imposed, even thought not unlawful 4. offender has attained his purpose or, that he has not attained his purpose OTHER LIGHT THREATS Acts punishable as other light threats: 1. By threatening another with a weapon, or by drawing such weapon in a quarrel, unless it be in lawful selfdefense. 2. By orally threatening another, in the heat of anger, with some harm (not) constituting a crime, without persisting in the idea involved in his threat. 3. By orally threatening to do another any harm not constituting a felony. Reyes vs. People: GRAVE COERCIONS Elements: 1. a person prevented another from doing something not prohibited by law, or that he compelled him to do something against his will, be it right or wrong 2. the prevention or compulsion be effected by violence, threats or intimidation 3. the person that restrained the will and liberty of another had not the authority of law or the right to do so, or, in other words, that the restraint shall not be made under authority of law or in the exercise of any lawful right.
Page 24 of 31 LIGHT COERCIONS Elements: 1. offender must be a creditor 2. he seizes anything belonging to his debtor 3. the seizure of the thing is accomplished by means of violence or a display of material force producing intimidation 4. the purpose of the offender is to apply the same to the payment of the debt DISTINCTION BETWEEN THREAT AND COERCION: Sir: “If the actual intention is to compel or prevent, coercion. If not, threat.” • Understand the concept of unjust vexation.
UNJUST VEXATION includes any human conduct which, although not productive of some physical or material harm would, however, unjustly annoy or vex an innocent person [offender’s act causes annoyance, irritation, vexation, torment, distress or disturbance to the mind of the person to whom it is directed] – Light coercion under the first paragraph will be unjust vexation of the third element (employing violence or intimidation) is absent. – Where the 1st and 3rd elements of grave coercion are present, but the 2nd is lacking, the crime is unjust vexation. Title Ten: Crimes Against Property • • • • • • • • • • • What are the basic elements of robbery and theft? Understand the two modes by which robbery may be committed? Familiarize yourself thoroughly with the rules governing robbery with homicide, rape and physical injuries. Know the rules on robbery in band and robbery committed through the use of an unlicensed firearms. What is the definition of carnapping? Relate highway robbery with brigandage under the RPC. How has the court construed these crimes? Familiarize yourself thoroughly with the different modes by which estafa may be committed. Distinguish estafa from theft. Distinguish estafa from violations of BP 22. Understand the prevailing framework on arson. How does it relate to other crimes? What are the elements of malicious mischief? What are its special forms? What persons are exempted from liability under this title?
Title Eleven: Crimes Against Chastity • Distinguish between adultery and concubinage.
ADULTERY Elements: 1. Offender must be a woman 2. She is presently married (WON voided later on) 3. She must have sex with a man 4. The man must not be her husband 5. The man must know that the woman is married (if the man did not know, only the woman is guilty of adultery; else both are) CONCUBINAGE 1st mode - Elements: 1. Offender must be a man 2. He is presently married
Page 25 of 31
He keeps a mistress In the conjugal dwelling (ingat kay Inday hahaha) The woman must know that he is married prior to boinking him (if she did not know, only the man can be guilty of adultery; else, both are)
2nd mode - Elements: 1. Offender must be a man 2. He is presently married 3. He must have sex with a woman 4. The woman is not his wife 5. The boinkfest must be under scandalous circumstances
Scandalous circumstances (offender must be so imprudent and wanton as to offend modesty, innate sense of morality and decency of other people); e.g.: He and his mistress live in the same room of a house Appearing in public together Perform acts in sight of the community that give rise to criticism and general protest among neighbors If neighbors do not observe any suspicious conduct or do not observe any acts that give rise to criticism and protest, scandalous circumstances cannot be appreciated (kaya guys, be discreet nyahahahaha) The woman must know that he is married prior to boinking him (if she did not know, only the man can be guilty of adultery; else, both are)
3rd mode - Elements: 1. Offender must be a man 2. He is presently married 3. He is cohabiting with a woman • Living together as husband and wife do • Is not the same as occasional, transient boinking • There is no concubinage, says Reyes, if a man is surprised in the act of boinking with some woman not his wife at some hotel • If they share a house, but sleep in separate rooms, there may be a defense, as long as it is demonstrated that there is no cohabitation 4. The woman is not his wife 5. The cohabitation can be anywhere • If at the conjugal home, falls under first mode of committing concubinageIf man keeps mistress in an apartment not the conjugal home, he is not guilty of concubinage if he does not live in that apartment nor sleep with her there (guys, take note – don’t boink your mistress kung saan ninyo binahay nyahaha) 6. The woman must know that he is married prior to boinking him (if she did not know, only the man can be guilty of adultery; else, both are) • Distinguishing elements between adultery and concubinage ADULTERY Woman Sexual intercourse CONCUBINAGE Man Cohabitation (Mode 1 and 3) Scandal (Mode 2); if the affair was discreet and not scandalous, concubinage can’t be appreciated Several intercourse will constitute one count of concubinage (i.e. cohabitation)
PRINCIPAL ACTS PUNISHED
APPRECIATING NUMBER OF COUNTS •
Each carnal knowledge is one count of adultery
Understand the definition of acts of lasciviousness. Distinguish from rape.
ACTS OF LASCIVIOUSNESS Elements: 1. Offender can be of either gender 2. Victim can be of either gender 3. Offender commits any act of lasciviousness or lewdness • Act must be with lustful intent or purpose 4. Either of the following circumstances
Page 26 of 31 • • • • With the use of force or intimidation on the victim When victim is deprived of reason (kamukha kunwari kung si babae ay nagtake advantage kay lalake kasi nga lasing siya nyahaha) or is unconscious When victim is under 12 When victim is demented
RAPE 1st mode – Elements: 1. Offender is a man 2. Victim is a woman 3. Offender has carnal knowledge of woman 4. Act was accomplished under these circumstances a. By the use of force or intimidation b. Woman is deprived of reason or is otherwise unconscious c. By the use of fraudulent machination or grave abuse of authority d. When woman is under 12 e. When woman is demented 2nd mode – Elements (sexual assault): 1. Offender is any person 2. Victim is any person 3. Offender performs an act of sexual assault; either a. Inserting penis into the other victim’s mouth or anus; or b. Inserting any instrument or object into the genital or anal orifice of the victim • Act was accomplished under these circumstances a. By the use of force or intimidation b. Woman is deprived of reason or is otherwise unconscious c. By the use of fraudulent machination or grave abuse of authority d. When woman is under 12 e. When woman is demented • Distinguishing elements between rape and acts of lasciviousness RAPE PRINCIPAL General rule: Principal is a man Exception: Mode 2, any gender Penetration, even partial, of penis or of instrument or object is necessary ACTS LASCIVIOUSNESS Of any gender OF
No penetration needed to appreciate, only acts with lewd intent
Understand the rules on seduction. Distinguish between qualified seduction and simple seduction.
SEDUCTION - Enticing a woman to unlawful sexual intercourse by persuasion without the use of force 1st mode – Elements: 1. Offended party is a woman 2. Offended party is over 12 and under 18 3. Offended party is single 4. Offended party is of good reputation 5. Offender has had sex with offended party 6. Commission was by means of deceit (no force or intimidation) 2nd mode – Elements: 1. Offended party is a woman 2. Offended party is a widow 3. Offended party is of good reputation 4. Offender has had sex with offended party 5. Commission was by means of deceit (no force or intimidation) QUALIFIED SEDUCTION 1st mode – Elements (Seduction of a virgin): 1. Offended party is a virgin – Virginity under the law
Page 27 of 31 US vs. Casten – girl had sex with a man, still a virgin under the law US vs. Suan – girl had sex with men, no longer a virgin under the law It seems that the law looks at “chasteness vs. looseness” when determining virginity Also, among the cases, “virgin” is equated to “young woman”; not sure if a young man can be the victim in qualified seduction, mode 1 Offended party must be over 12 and under 18 Offender has had sex with offended party There was abuse of authority, confidence or relationship on the part of the offender; consent of the girl is not a defense • • • •
2. 3. 4.
2nd mode - Elements (Incest): 1. Offending party is a sibling (note the phrase “any person”) 2. Offended party is a woman 3. Offended party must be 12 or higher (below 12 is statutory rape) 4. Offended party must be single or widow (if married, adultery) 5. The woman is the offending party’s sister or descendant
Note on deceit: consent to have sex must be due to some promise or inducement. If from carnal lust and mutual desire, there is no seduction (US vs. Sarmiento). Familiarize yourself thoroughly with the framework on abduction. Distinguish between forcible abduction and consented abduction. When can forcible abduction be appreciated distinctly from rape?
FORCIBLE ABDUCTION Elements: 1. Person abducted is a woman, regardless of age, civil status, reputation 2. Abduction was against her will (no consent) 3. Abduction was with lewd design CONSENTED ABDUCTION Elements: 1. Person abducted is a virgin, over 12 and under 18 2. Abduction was with her consent 3. Abduction was with lewd design • Appreciating forcible abduction distinctly from rape 1. Forcible abduction is absorbed by rape if the main objective of the abduction was to rape the victim (People vs. Toledo) 2. Forcible abduction absorbs attempted rape, with lewd design being one of the elements of forcible abduction (People vs. Magtabog) 3. Forcible abduction is appreciated distinctly from rape (resulting to the complex crime of forcible abduction with rape) when a. Victim is below 12 b. Victim is demented c. Victim was unconscious during the rape d. Victim was deprived of reason during the rape e. Victim used force or intimidation Know the rules on prosecution of offenses under this title. 1. Who can file
ADULTERY, CONCUBINAGE – offended spouse only SEDUCTION, ABDUCTION, ACTS OF LASCIVIOUSNESS – offended party, parents, grandparents, guardians
• RAPE – anyone (can be prosecuted de oficio) 2. Pardon • ADULTERY, CONCUBINAGE 1. Can be express or implied (condonation of past act) 2. Must be by offended spouse 3. Must come before criminal action is instituted 4. Both parties (accused + paramour) must be pardoned • SEDUCTION, ABDUCTION, ACTS OF LASCIVIOUSNESS 1. Must be express 2. Must be by offended party 3. Pardon by minor must have concurrence of parents
Page 28 of 31 4. 5. RAPE 1. 2. 3. Civil liability • If offended party is dead or otherwise incapacitated, others are allowed (parents, grandparents, guardians) Actual marriage extinguishes criminal action or remits penalty already imposed Pardon not a bar to prosecution Actual marriage extinguishes penal action of the principal only
ACTS OF LASCIVIOUSNESS 1. Offender has no civil liability under Art 345 of RPC RAPE, SEDUCTION, ABDUCTION 1. Offender has civil liability under Art 345 of RPC a. Indemnification b. Acknowledge offspring (except multiple rape, rape of a married woman) c. Support of offspring (except rape of a married woman) ADULTERY, CONCUBINAGE 1. Offender has civil liability under Art 345 of RPC a. Damage to offended spouse ALL ACTS – under CC Art 2219, moral damages can be recovered
Title Twelve: Crimes Against the Civil Status of Persons • Understand the concept of bigamy. Relate it to the rules governing void ab initio marriages under civil law.
BIGAMY Elements: 1. Offender is legally married 2. Offender first marriage is not legally dissolved by a. Death of first spouse b. Judicial declaration of nullity (JDN) of first marriage c. Judicial declaration of presumptive death (JDPD) of absent spouse 3. Offender contracts second (subsequent) marriage 4. Subsequent marriage has all the essential requisites for validity except for the existence of the first marriage VOID AB INITIO MARRIAGES (CC) • Article 35 1. Below 18 2. Solemnized by person not legally authorized to perform marriages, unless one or both believe that said person had legal authority to solemnize marriages 3. Solemnized without marriage license Exceptions • In articulo mortis • Five year cohabitation without legal impediment to marry • No means of transportation to enable parties to appear before civil registrar 4. Bigamous/ polygamous marriages not under Article 41 Article 41 – needs JDPD of absent spouse • Presumptively dead - 4 years • Presumptively dead under Art 391 circumstances - 2 years 5. Mistaken identity 6. Article 53 subsequent marriages – Post-JDN marriages • Article 36 1. Psychological incapacity – void despite incapacity showing after solemnization 2. Needs JDN Criminal bigamy as related to Article 35 and 36 void ab initio marriages • General rule – No JDN, bigamy will prosper (Wiegel vs. Sempio Dy is controlling doctrine) • Specifics 1. First marriage below 18 – no bigamy Show proof that first marriage was solemnized with parties being below 18 as defense; no first marriage, no bigamy Defense is weak if first marriage was ratified by sufficient cohabitation (e.g., five years after turning 18, both still capacitated to marry) 2. Solemnized by unauthorized person Charge of bigamy will prosper if one of the parties of the first marriage believes that solemnizing person was authorized to perform marriages
Page 29 of 31 Charge of bigamy will not prosper if both parties know that solemnizing person was not authorized to perform marriages (marriage is void ab initio; stage play marriages) No marriage license except exceptions If no JDN, bigamy will prosper Article 41 marriage If no JDPD, bigamy will prosper Mistaken identity If no JDN, bigamy will prosper Article 53 If no JDN, bigamy will prosper JDN must first be issued by the court before parties can contract second marriage Article 36 psychological incapacity If no JDN, bigamy will prosper Note: re CC, a marriage is presumed to be valid. The presumption must be rebutted for bigamy to prosper.
3. 4. 5. 6. 7.
Title Thirteen: Crimes Against Honor • Familiarize yourself thoroughly with the rules governing libel/slander. When is malice presumed? When must malice in fact be proven? What is privileged communication? What are the different types of privileged communication? What is the rule governing public officers? 1. Elements of libel (1) Imputation of a crime/vice or defect (whether real or imaginary) Imputation made publicly Imputation must be malicious Imputation must be directed at a natural or juridical person, or to a dead person Imputation must tend to cause dishonor, discredit, or contempt of the person being defamed Elements of libel (2) Any act, omission, condition, status or circumstance Act/ omission must be directed at a natural or juridical person, or to dead person Act/ omission must tend to cause dishonor, discredit, or contempt of the person being defamed Other rules on libel When a group is libeled, and the members of the group are not identified specifically, only one count of libel When a group is libeled, and members are identified specifically, there will be one count of libel per person identified Malice, when presumed General rule: every defamatory statement is presumed to be malicious, even if it be true Exceptions (privileged communications) • Elements (1) ○ Private communication (note: this is key) ○ Made by one person to another ○ In the performance of any legal, moral, or social duty • Elements (2) ○ A fair and true report of Official proceedings which are not confidential Of any statement, report, or speech made in said proceedings An act performed by public officers in the exercise of their functions ○ Made in good faith Unnecessary publicity destroys good faith (e.g., publication of a copy of privileged communication in a newspaper) ○ No comments or remarks • Privileged communication not in RPC ○ Privilege speeches of congressmen and senators when legislature is in session Kinds of malice Malice • • • in fact Requires evidence to be proven Is required to be proven if malice in law is rebutted Requires evidence to be rebutted (e.g. good faith/ fair and true report without commentary)
Page 30 of 31 Malice in law • Does not require evidence to prove (legal presumption that all defamatory statements are malicious) • Requires evidence to be rebutted (e.g. proof of truth)
Proof of truth (defense against malice) When admissible; elements (1) • Act or omission is imputed • Act or omission constitutes a crime • Offended party is either public officer or private individual When admissible; elements (2) • Act or omission is imputed • Act or omission may or may not be a crime • Offended party is a government employee • Act or omission is related to the discharge of offended party’s duties
General defense against defamation Matters charged as libelous appear to be true Published with good motives Published with justifiable end Slander (oral defamation); modes Simple slander Grave slander Slander; elements No publication, expression made verbally In the presence of at least one witness
10. Slander; determination of gravity Expressions used Personal relations between accused and offended party Circumstances surrounding the case Social standing and position of the offended party • Rule: the higher the position, the more likely that it is grave slander • Exception: when offended party is a public official (public officials are supposed to be less “thin-skinned”) • Exception to the exception: heads of state, diplomats (person in the office is presumed to represent the people; to insult said official is to insult the people) 11. Slander by deed; modes Simple slander by deed Grave slander by deed 12. Slander by deed; elements Offender performs any act not slander nor libel Offender performs act in presence of at least one other person Act casts dishonor, discredit, or contempt upon offended party 13. Slander by deed; determination of gravity See slander; determination of gravity 14. Slander by deed vs. unjust vexation If act performed is intended to shame or humiliate offended party, slander by deed If act was not intended to shame or humiliate offended party, unjust vexation • What are the rules on venue? 1. Rules of venue (Art 360) CFI of province or city where libelous article was printed and first published (any offended party) CFI of province or city of residence at the time libel was committed of the offended party (private individual) CFI of province or city of location of office at the time libel was committed of the offended party (public official) 2. Persons responsible (Art 360) Person who publishes/ exhibits/ causes publication of defamatory/ malicious material Author of defamatory material
Page 31 of 31 Editor/ business manager of newspaper/ magazine/ serial publication containing the defamatory material Owner of press who published the libelous article All other persons who participated or have connection with the publication of the libelous material
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