Professional Documents
Culture Documents
Criminal Law
SUMMER REVIEWER
BOOK I
CRIMINAL LAW A branch of municipal law which
defines crimes, treats of their nature and provides for
their punishment.
Characteristics of Criminal Law:
1. General binding on all persons who reside
or sojourn in the Philippines
Exceptions:
a. Treaty Stipulation
b. Laws of Preferential Application
c. Principles of Public International Law
Ex:
i. sovereigns and other chiefs of
state
ii. Ambassadors,ministers
plenipotentiary, minister resident
and charges daffaires
(BUT consuls, vice-consuls and other
foreigncommercialrepresentatives
CANNOT claim the privileges and
immunities accorded to ambassadors and
ministers.)
retroactive effect.
Exception: when the law is favorable to the
accused
Exceptions to the Exception:
a. The new law is expressly made
inapplicable to pending actions
or existing causes of action
b. Offender is a habitual criminal
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b. English Rule
General Rule: Crimes committed aboard
a foreign vessel within the territorial
waters of a country are triable in the
courts of such country.
Exception: When the crime merely
affects things within the vessel or it
refers to the internal management
thereof.
*This is applicable in the Philippines.
ELEMENTS:
1. there must be an act or omission
2. this must be punishable by the RPC
3. act or omission was done by means of dolo
or culpa
NULLUM CRIMEN, NULLA POENA SINE LEGE
There is no crime when there is no law punishing it.
Classification Of Felonies According To The
Means By Which They Are Committed:
1. Intentional Felonies- by means of deceit
(dolo)
Requisites:
a. freedom
b. intelligence
c. intent.
MISTAKE OF FACT misapprehension of
fact on the part of the person who caused
injury to another. He is not criminally liable.
Requisites:
a. the act done would have been lawful
had the facts been as the accused
believed them to be
bintention is lawful
b. mistake must be without fault or
carelessness by the accused
INTENT v. MOTIVE
Intent
GENERALLY not
taken into account
General
Special
Laws
Requisites:
1. Act would have been an offense against
persons or property.
2. There was criminal intent.
3. Accomplishment is inherently impossible; or
inadequate or ineffectual means are
employed.
4. Act is not an actual violation of another
provision of the Code or of special law.
Rule:
Penal
Motive
3. ATTEMPTED
Elements:
a. offender commences the felony directly
by overt acts
b. does not perform all acts which would
produce the felony
c. his acts are not stopped by his own
spontaneous desistance
Page 3 of 174
2. External acts
a. Preparatory acts - ordinarily not
punishableexcept when
considered by law as independent
crimes
(e.g. Art. 304, Possession of
picklocks and similar tools)
b. Acts of Execution - punishable under
the RPC
Elements
Crimes
ConspiracyProposal
Agreementto person decides to
commitAND commit a crime
AND proposes thecommission
same to another
Conspiracyto
commit: sedition,
treason, rebellion,
coup d etat
Proposalto
commit: treason,
rebellion, coup d
etat
*no proposal to
commit sedition
Terms
Attempted or
Frustrated
Stages
Plea of guilty as
mitigating
circumstance
Minimum,
medium and
maximum
periods
Penalty for
accessory or
accomplice
Special Laws
imprisonment
RPC
prision
correccional,
prision mayor,
arresto mayor,
etc.
Punishable
Not applicable
Yes
General Rule:
None
Exception: Unless
otherwise stated
Yes
Page 5 of 174
Chapter Two
JUSTIFYING CIRCUMSTANCES
AND CIRCUMSTANCES, WHICH EXEMPT
FROM CRIMINAL LIABILITY
Kinds of Self-Defense:
1. self-defense of chastity there must be an
attempt to rape the victim
2. defense of property must be coupled with
an attack on the person of the owner, or on
one entrusted with the care of such property.
Par. 1 Self-defense
Elements:
1. Unlawful Aggression
indispensable requirement
There must be actual physical assault or
aggression or an immediate and
imminent threat, which must be offensive
and positively strong.
The defense must have been made
during the existence of aggression,
otherwise, it is no longer justifying.
While generally an agreement to fight
does not constitute unlawful aggression,
violation of the terms of the agreement to
fight is considered an exception.
means
(indispensable
Page 6 of 174
a Right or Office
Elements:
1. accused acted in the performance of duty or
in the lawful exercise of a right or office
2. the injury caused or offense committed be
the necessary consequence of the due
performance of the duty, or the lawful
exercise of such right or office.
Who/what
is
affected?
Nature of
act
Existence
Justifying
Act
Exempting
Actor
act is considered
legal
None
Page 7 of 174
voluntariness is absent
the actor is not liable
No criminal liability but
there is civil liability
EXCEPT as to Art.
12(4) (injury by mere
accident) and (7)
(lawful cause)
Chapter Three
CIRCUMSTANCES WHICH MITIGATE CRIMINAL
LIABILITY
Elements:
1. An act is required by law to be done.
2. A person fails to perform such act.
3. His failure to perform such act was due to
some lawful or insuperable cause.
Ex:
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Instigation
Offset by any
aggravating
circumstance
Effect on
penalty
Kinds
(Sources)
Privileged Mitigating
Cannot be offset
Ordinary Mitigating
Can be offset by a
generic aggravating
circumstance
If not offset, has the
effect of imposing the
minimum period of
the penalty
Those
circumstances
enumerated in
paragraph 1 to 10 of
Article 13
Page 9 of 174
Vindication
Requisites:
1. provocation must be sufficient
2. it must originate from the offended party
3. must be immediate to the commission of the
crime by the person who is provoked
1. weapon used
2. injury inflicted
3. part of the body injured
4. mindset of offender at the time of commission
of crime
Page 10 of 174
Requisites:
1. a grave offense done to the one committing
the felony, his spouse, ascendants,
descendants, legitimate, natural or adopted
brothers or sisters or relatives by affinity
within the same degrees
2. the felony is committed in immediate
vindication of such grave offense
NOTE: Immediate allows for a lapse of time, as
long as the offender is still suffering from the mental
agony brought about by the offense to him.
(proximate time, not just immediately after)
3rd person
Unlawful
PROVOCATION
Comes from injured
party
Immediately precede
the commission of the
crime
Same
Requisites:
VOLUNTARY
SURRENDER
1. offender not
actually arrested
2. offender
surrendered to
person in
authority
3. surrender was
voluntary
VOLUNTARY
PLEA OF GUILT
1. offender
spontaneously
confessed his
guilt
2. confession was
made in open
court, that is,
before the
competent court
that is to try the
case
3. confession of guilt
was made prior to
the presentation
of the evidence
for the
prosecution
FORCE
Exempting
Requires physical
force
Must come from a
Page 11 of 174
CHAPTER FOUR
ExamplesNot examples
defendant who is 60 years old killing the wrong
with failing eyesight is similar to a person
case of one over 70 yrs old
outraged feeling of TIFF (Uncompressed)not resisting arrest isowner QuickTime and
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are needed to see this picture. animal taken for ransom is not the same as
analogous to vindication of grave voluntary surrender
offense
impulse of jealous feeling, similar
to passion and obfuscation
voluntary restitution of property,
similar to voluntary surrender
GENERIC
AGGRAVATING
CIRCUMSTANCE
EFFECT : When not set
off by any mitigating
circumstance,
Increases the penalty
which should be
imposed upon the
accused to the
QUALIFYING
AGGRAVATING
CIRCUMSTANCE
EFFECT: Gives the
crime its proper and
exclusive name and
places the author of
the crime in such a
situation as to
deserve no other
Page 12 of 174
Cannot be offset by a
mitigating
circumstance
NOTES:
The aggravating circumstance of dwelling
requires that the crime be wholly or partly
committed therein or in any integral part thereof.
Dwelling does not mean the permanent
residence or domicile of the offended party or
that he must be the owner thereof. He must,
however, be actually living or dwelling therein
even for a temporary duration or purpose.
It is not necessary that the accused should have
actually entered the dwelling of the victim to
commit the offense; it is enough that the victim
was attacked inside his own house, although the
assailant may have devised means to perpetrate
the assault from without.
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Par. 6 By a band
As to their number
Requires more than three At least two
armed malefactors (i.e.,
at least four)
As to their action
Requires that more than Thiscircumstanceis
three armed malefactors present even if one of the
shall have acted together offenders merely relied on
in the commission of an their aid, for actual aid is
offense.not necessary.
HABITUALITYRECIDIVISM
As to the first offense
It is necessary that the It is enough that a
offender shall havefinal judgment has
served out hisbeen rendered in the
sentence for the firstfirst offense.
offense
As to the kind of offenses involved
The previous andRequires that the
subsequent offensesoffenses be included
must not be emin the same title of the
braced in the sameCode.
title of the Code.
strandingthis picture.
of a vessel or intentional damage thereto,
derailment of a locomotive, or by use of any
artifice involving great waste and ruin
The circumstances under this paragraph will only
be considered as aggravating if and when they
are used by the offender as a means to
accomplish a criminal purpose
PAR. 12 by means
of inundation, fire,
etc.
The crime is
committed by means
of any such acts
involving great waste
or ruin.
PAR. 7 on the
occasion of a
conflagration,
shipwreck, etc.
The crime is committed
on the occasion of a
calamity or misfortune.
FRAUD
Where there is a direct
inducement by insidious
words or machinations,
fraud is present.
CRAFT
The act of the
accused done in
order not to arouse
the suspicion of the
victim constitutes
craft.
Page 20 of 174
ABUSE OF
SUPERIOR
STRENGTH
The element of
band is appreciated
when the offense is
committed by more
than three armed
malefactors
regardless of the
comparative
strength of the
victim or victims.
The gravamen of
abuse of superiority
is the taking
advantage by the
culprits of their
collective strength to
overpower their
relatively weaker
victim or victims.
and
TREACHERY
ABUSE OF
SUPERIOR
STRENGTH
Means, methods
or forms are
employed by the
offender to make it
impossible or hard
for the offended
party to put any
sort of resistance
Offender does
not employ
means,
methods or
forms of attack,
he only takes
advantage of his
superior
strength
MEANS
EMPLOYED TO
WEAKEN
DEFENSE
Means are
employed but it
only materially
weakens the
resisting power of
the offended
party
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4. Cuadrilla (band)
5. Aid of armed men
6. Nighttime
Page 22 of 174
PAR. 19
It involves the breaking
(rompimiento) of the
enumerated parts of
the house.
PAR. 18
Presupposes that there
is no such breaking as
by entry through the
window.
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IGNOMINY (PAR.17)
InvolvesMORAL
suffering
Page 23 of 174
CHAPTER FIVE
ALTERNATIVE CIRCUMSTANCES
Page 24 of 174
INSTRUCTION OR EDUCATION
As an alternative circumstance it does not
refer only to literacy but more to the level of
intelligence of the accused.
Refers to the lack or presence of sufficient
intelligence and knowledge of the full
significance of ones acts.
Low degree of instruction and education
or lack of it is generally mitigating. High
degree of instruction and education is
aggravating, when the offender took
advantage of his learning in committing the
crime.
mitigating.
EXCEPTIONS:
1. Crimes against property (e.g. arson,
estafa, theft, robbery)
2. Crimes against chastity, and
3. Treason because love of country
should be a natural feeling of every
citizen, however unlettered or uncultured
he may be.
TITLE TWO
PERSONS CRIMINALLY LIABLE FOR
FELONIES
Page 25 of 174
NOTES:
Conspirator is not liable for the crimes of the
others which are not the object of the conspiracy
nor are logical or necessary consequences
thereof
Regarding multiple rape each rapist is liable for
anothers crime because each cooperated in the
commission of the rapes perpetrated by the
others
EXCEPTION: in the crime of murder w/
treachery all the offenders must at least
know that there will be treachery in executing
the crime or cooperate therein.
Page 26 of 174
PRINCIPAL BY
INDUCEMENT
OFFENDER WHO
MADE PROPOSAL TO
COMMIT A FELONY
In both
Theproposaltobe
punishable must involve
only treason or rebellion.
Page 27 of 174
NOTES:
Before there could be an accomplice, there
must be a principal by direct participation.
The person charged as an accomplice should
not have inflicted a mortal wound. If he inflicted
a mortal wound, he becomes a principal by
direct participation.
In case of doubt, the participation of the
offender will be considered that of an
accomplice rather than that of a principal.
ART.19.ACCESSORIES
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Responsibility:TIFF (Uncompressed)
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In the absence of any previous conspiracy,
unity of criminal purpose and intention
immediately before the commission of the
crime, or community of criminal design, the
criminal responsibility arising from different acts
directed against one and the same person is
considered as individual and not collective, and
each of the participants is liable only for the act
committed by him.
Page 28 of 174
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chargeare
principal because the criminal responsibilities are
distinct from each other
Two classes of accessories contemplated in par.
3 of art. 19
1. PUBLIC officers, who harbor, conceal or
assist in the escape of the principal of any
crime (not light felony) with abuse of his
public functions.
Requisites:
1. The accessory is a public officer.
2. He harbors, conceals, or assists in the
escape of the principal.
3. The public officer acts with abuse of his
public functions.
4. The crime committed by the principal is
any crime, provided it is not a light felony.
Requisites:
1. The accessory is a private person.
2. He harbors, conceals or assists in the
escape of the author of the crime.
3. The crime committed by the principal is
either:
a. Treason,
b. Parricide,
c. Murder,
d. An attempt against the life of the
President, or
e. That the principal is known to be
habitually guilty of some other crime.
Page 29 of 174
PRINCIPAL
ACCESSORY
Participation of the
accessory in all cases
always SUBSEQUENT
to the commission of the
crime
3. descendant, or
4. legitimate, natural or adopted brother, sister
or relative by affinity within the same degree.
Accessory Is Not Exempt From Criminal Liability
Even If The Principal Is Related To Him, If Such
Accessory
1. profited by the effects of the crime, or
2. assisted the offender to profit by the effects
of the crime.
REASON: Because such acts are prompted not by
affection but by a detestable greed.
NOTES:
Nephew and Niece not included
Public officer contemplated in par. 3 of Art. 19 is
exempt by reason of relationship to the principal,
even if such public officer acted with abuse of his
official functions.
REASON: Ties of blood or relationship
constitutes a more powerful incentive than the
call of duty.
P.D. 1829 penalizes the act of any person who
knowingly or willfully obstructs, impedes, frustrates or
delays the apprehension of suspects and the
investigation and prosecution of criminal cases.
The benefits of the exception in Art. 20 do
not apply to PD 1829.
TITLE THREE
PENALTIES
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Criminal liability
SUBSISTS:
under
the
repealed
law
Page 32 of 174
PERSONAL INJURY
Produced by the
disturbanceand
alarm which are the
outcomeofthe
offense.
Is sought to be
repaired through the
imposition of the
corresponding
penalty.
Isrepaired
indemnity.
through
ART.24.MEASURES OF PREVENTION
OR SAFETY, WHICH ARE NOT CONSIDERED
PENALTIESand aQuickTime
Page 33 of 174
Applicable in determining
the prescriptive period of
penalties
Fines:
1. Afflictive over 6000
2. Correctional 201 to 6000
3. Light 200 and less
NOTES:
The classification applies if the fine is imposed
as a single or alternative penalty. Hence, it
does not apply if the fine is imposed together
with another penalty.
Fines are imposed either as alternative (Ex: Art
144 punishing disturbance of proceedings with
arresto mayor or fine from 200 pesos to 1000
pesos) or single (Ex. fine of 200 to 6000 pesos)
Penalty cannot be imposed in the alternative
since it is the duty of the court to indicate the
penalty imposed definitely and positively. Thus,
the court cannot sentence the guilty person in a
manner as such as to pay fine of 1000 pesos,
or to suffer an imprisonment of 2 years, and to
pay the costs.
If the fine imposed by the law for the felony is
exactly 200 pesos, it is a light felony.
Chapter Three
DURATION AND EFFECTS OF PENALTIES
Page 34 of 174
Affli
ctive
over
600
0;
Corr
ecti
Notes:
ART. 28: COMPUTATION OF PENALTIES
Rules on Computation of Penalties:
1. When the offender is in prison the
duration of the temporary penalties
(PermanentAbsoluteDisqualification,
TemporaryAbsoluteDisqualification,
detention, suspension) is from the day on
which the judgment of conviction becomes
final.
2. When the offender is not in prison the
duration of the penalty of deprivation of
liberty is from the day that the offender is
placed at the disposal of judicial authorities
for the enforcement of the penalty
3. The duration of the other penalties the
duration is from the day on w/c the offender
commences to serve his sentence
NOTES:
Reason for rule (a) Under Art 24, the arrest
and temporary detention of the accused is
not considered a penalty.
if in custody, the accused appealed, the
service of the sentence should commence
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Effects:
1. Disqualification from holding such office or
the exercise of such profession or right of
suffrage during the term of the sentence
2. Cannot hold another office having similar
functions during the period of suspension
Page 36 of 174
Crime
covered
Extinguishmentof
criminal
liability
Effecton
civil liability
When
granted
Towhom
granted
PARDON BY
THECHIEF
EXECUTIVE
(ART. 36)
Anycrime,
unless
otherwise
provided by or
subjectto
conditionsin
the Constitution
or the laws
Extinguishes
criminal liability
Cannot affect
the civil liability
ex delicto of the
offender
Onlyafter
convictionby
final judgment
Any or all of the
accused
PARDON BY
OFFENDED
PARTY (ART.
23)
Crimes against
chastity under
the RPC only
Doesnot
extinguish
criminal liability
although it may
constitute a bar
tothe
prosecution of
the offender
Offended party
can waive the
civil liability
Page 37 of 174
in
the
course
of
judicial
NOTES:
It is applicable in case the properties of the
offender are not sufficient for the payment of
all his pecuniary liabilities. Hence, if the
offender has insufficient or no property, there
is no use for Art 38.
Order of payment is mandatory.
Ex. Juan inflicted serious physical injuries against
Pedro and took the latters watch and ring. He
incurred P500 worth of hospital bills and failed to
earn P300 worth of salary. Given that Juan only
has P1000 worth of property not exempt from
execution, it shall first be applied to the payment
of the watch and ring which cannot be returned,
as such is covered by reparation of the damage
caused, thus, no. 1 in the order of payment. The
500 and 300 are covered by indemnification of
the consequential damage, thus, no. 2 in the
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NOTES:
The accessory penalties in Art 40-44 must be
suffered by the offender, although pardoned
as to the principal penalties. To be relieved of
these penalties, they must be expressly
remitted in the pardon.
RECLUSION
PERPETUA
LIFE IMPRISONMENT
Specific duration of
20 years and 1 day
to 40 years and
accessory penalties
no definite term or
accessory penalties
Imposableon
felonies punished by
the RPC
Imposable on crimes
punishable by special
laws
Page 39 of 174
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Chapter Four
APPLICATION OF PENALTIES
Page 40 of 174
Requisites:
1. that at least 2 offenses are
committed
2. that one or some of the offenses
must be necessary to commit the
other
3. that both or all the offenses must be
punished under the same statute
Page 41 of 174
only.
When two felonies constituting a
complex
crime are punishable by imprisonment and
fine, respectively, only the penalty of
imprisonment shall be imposed. Reason:
Fine is not included in the list of penalties in
the order of severity and it is the last in the
graduated scales in Art. 71.
When a single act constitutes two grave or
less grave or one grave and another less
grave, and the penalty for one is
Page 42 of 174
ART 48
Penalty for the more
serious crime shall be
imposed in its maximum
period
REAL/MATERIAL
PLURALITY
There is a series of acts
performed by the offender
CONTINUED CRIME
Same
PLURALITY OF CRIMES
No conviction of the crimes
committed
RECIDIVISM
There must be conviction
by final judgment of the first
prior offense
RULES:
1. If the penalty for the felony committed be
higher than the penalty for the offense which
the accused intended to commit, the lower
penalty shall be imposed in its maximum
period.
2. If the penalty for the felony committed be
lower than the penalty for the offense which
the accused intended to commit, the lower
penalty shall be imposed in its maximum
period.
3. If the act committed also constitutes an
attempt or frustration of another crime, and
the law prescribes a higher penalty for either
of the latter, the penalty for the attempted or
frustrated crime shall be imposed in its
maximum period.
NOTES:
Art. 49 has reference to the provision in the
st1 par of Art .4 which provides that criminal
liability shall be incurred by any person
committing a felony although the wrongful act
done be different from that which he
intended.
Art. 49 is applicable only in cases when there
is a mistake in identity of the victim of the
crime (error in personae) and the penalty for
the crime committed is different from that for
the crime intended to be committed.
Art. 49 also has no application where a more
serious consequence not intended by the
offender befalls the same person.
In Art. 49, pars. 1 and 2, the lower penalty in
its maximum period is always imposed.
In Par. 3 the penalty for the attempted or
frustrated crime shall be imposed in its
maximum period. This rule is not necessary
and may well be covered by Art. 48, in view
of the fact that the same act also constitutes
an attempt or a frustration of another crime.
Page 43 of 174
APPLICATION OF ARTICLE 50 TO 57
Participation
Consummated
Frustrated
Attempted
Principal
Penalty
imposed by law
1 less
1 less
2 less
2 less
3 less
2 less
3 less
4 less
Accomplice
Accessory
NOTES:
Art. 50-57 are not applicable when the law
specifically prescribes the penalty for the
frustrated and attempted felony or that to be
imposed upon the accomplices and
accessories. (examples: qualified seduction,
flight to enemy country, kidnapping)
Degree one whole penalty, one entire
penalty or one unit of the penalties
enumerated in the graduated scales provided
for in Art. 71
Period one of 3 equal portions,
min/med/max of a divisible penalty. A period
of a divisible penalty when prescribed by the
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Degree
Period
Refersonly
divisible penalties
degree.
NOTES:
Basis for the imposition of proper penalty in
impossible crimes: social danger and degree
of criminality shown by the offender
The penalty for impossible crime is arresto
mayor (imprisonment of 1 month and 1 day
to 6 months) or fine ranging from 200-500
pesos.
Art. 59 is limited to grave and less grave
Page 44 of 174
to
DivisiblePenalties:(maximum,
minimum)
1. Reclusion Temporal
2. Prision Correcional
3. Arresto Mayor
4. Destierro
5. Arresto Menor
6. Public Censure
7. Fine
medium,
Page 45 of 174
HABITUAL
DELINQUENCY
Crimes to be committed
are specified
RECIDIVISM
Same title
W/ in 10 years
Second conviction
Additional penalty is
imposed
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NOTES:
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Effects of the circumstances:
o Aggravating circumstances (generic
and specific)have the effect of
increasing the penalty, without
howeverexceedingthe
maximum period providedby
law.
o Mitigating circumstances have the
effect ofdiminishingthe
penalty.
Page 46 of 174
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
NOTES:
In no case shall the total penalties imposed
upon the offender exceed 30 years.
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NOTES:
The Three-Fold Rule
1. Maximum duration of the convicts sentence:
3 times the most severe penalty imposed
2. Maximum duration: shall not exceed 40 yrs
3. Subsidiary imprisonment: This shall be
excluded in computing for the maximum
duration.
* The three-fold rule shall apply only when the convict
is to serve 4 or more sentences successively.
Chapter Five
EXECUTION AND SERVICE OF PENALTIES
Page 50 of 174
sentence
7. granted with conditional pardon by the
President, but violated the terms thereof
8. maximum term of imprisonment does not
exceed 1 year
9. sentenced to the penalty of destierro or
suspension only
Page 51 of 174
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Page 53 of 174
Title Four
EXTINCTION OF CRIMINAL LIABILITY
Chapter One
TOTAL EXTINCTION OF CRIMINAL
LIABILITY
NOTES:
Extinguishment of criminal liability is a
ground for motion to quash.
Criminal liability whether before or after final
judgment is extinguished upon death
because it is a personal penalty.
Pecuniary penalty is extinguished only when
death occurs before final judgment.
The death of the offended party however
does not extinguish criminal liability of the
accused because it is a crime against the
state.
Execution of Destierro:
1. Convict shall not be permitted to enter the
PAR. 2. BY SERVICE OF SENTENCE
place designated in the sentence nor within
the radius specified, which shall not be more
NOTES:
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Crime is a debt, hence extinguished upon
not less than 25
payment.
are needed to see this picture.place designated.
Service does not extinguish civil liability.
2. If the convict enters the prohibited area, he
commits evasion of sentence.
PAR. 3. BY AMNESTY
ART. 88: ARRESTO MENOR
NOTE:
Served where:
1. In the municipal jail
2. In the house of the offender, but under the
Page 54 of 174
AMNESTY
PARDON
Extended to classes of
persons who may be guilty of
political offenses
Exercised individually
by the President
Same
NOTES:
In computing for the period, the first day is
excluded and the last day included. Period is
subject to leap years.
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When the last day of the prescriptive period
TIFF (Uncompressed) decompressorPRESCRIPTIVE PERIODStoOFthis picture.CRIMES:
falls on a Sunday or a legal holiday, the
are needed see
information can no longer be filed the
1. Crimes punishable by:
following day.
a. Death,reclusinperpetuaor
Simple slander prescribes in 2 months and
reclusin temporal 20 years
grave slander in 6 months.
b. afflictive penalties 15 years
Since destierro is a correctional penalty, it
c. correctional penalties 10 years,
prescribes in 10 years. For afflictive
d. except thosepunishableby
penalties, period is 15 years.
arresto mayor which shall prescribe
If it is a compound penalty, basis will be the
in 5 years
highest penalty.
2. Crime of libel 1 year
3. Offenses of oral defamation and slander by
Page 55 of 174
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Page 56 of 174
NOTES:
Consent is not necessary in commutation.
Prisoner is also allowed special time
allowance for loyalty which is 1/5 deduction
of the period of his sentence.
PAROLE consists in the suspension of the
sentence of a convict after serving the minimum term
of the indeterminate penalty, without granting pardon,
prescribing the terms upon which the sentence shall
be suspended. In case his parole conditions are not
observed, a convict may be returned to the custody
and continue to serve his sentence without deducting
the time that elapsed.
Allowance
CONDITIONAL PARDON
PAROLE
Granted by Chief
Executive
NOTES:
allowance for good conduct not applicable
when prisoner released under conditional
pardon.
good conduct time allowance is given in
consideration of good conduct of prisoner
while he is serving sentence.
Title Five
CIVIL LIABILITY
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are needed to see this picture.
Chapter One
PERSON CIVILLY LIABLE FOR FELONIES
NOTES:
If there is no damage caused by the
commission of the crime, offender is not
civilly liable.
Dismissal of the information or the criminal
action does not affect the right of the
offended party to institute or continue the civil
action already instituted arising from the
offense, because such dismissal does not
carry with it the extinction of the civil one.
When accused is acquitted on ground that
his guilt has not been proven beyond
reasonable doubt, a civil action for damages
for the same act or omission may be
instituted.
Exemption from criminal liability in favor of an
imbecile or insane person, and a person
under 15 years, or over 15 but under 18 who
acted without discernment and those acting
Page 58 of 174
the
are needed to see this picture.issue involved in said case and the cognizance
of
which pertains to another tribunal. (elements
provided in Rule 111, Section 7 of RoC)
For the principle to apply, it is essential that there be
2 cases involved, a civil and a criminal case.
Prejudicial questions must be decided before any
criminal prosecution may be instituted or may
proceed.
Page 59 of 174
industry.
2. Any of their servants, pupils, workmen,
apprentices or employees commits a felony
while in the discharge of his duties.
3. The said employee is insolvent and has not
satisfied his civil liability.
Industry any department or branch of art,
occupation or business; especially one w/c employs
so much labor and capital is a distinct branch of trade
NOTES:
Hospitals are not engaged in industry; hence,
they are not subsidiarily liable for acts of
nurses.
Private persons without business or industry
are not subsidiarily liable.
A separate trial is not necessary to enforce
the subsidiary liability of the employer. The
judgment obligee only needs to file a motion
for subsidiary execution. During the hearing
of the said motion, it is incumbent upon the
movant to prove that; (1) an employeremployee relationship exists; (2) the
employer is engaged in an industry; (3) the
convict committed the crime while in the
discharge of his duties; and (4) the writ of
execution was returned unsatisfied.
The employers subsidiary liability arises
when it is proved that the convict committed
the crime while at the service of the employer
and the writ of execution issued against the
accused is returned unsatisfied. On the other
hand, if the convict committed the crime but
NOT while in the service of an employer and
he cannot pay his civil liability, Art. 39 on
subsidiary penalty will apply.
PAR. 2:
Requisites:
1. The guests notified in advance the
innkeeper of the deposit of such goods
within the inn or house.
2. The guests followed the directions of the
innkeeper or his representative with respect
to the care of and vigilance over such goods.
3. Such goods (Uncompressed) decompressorof QuickTime and a lodging thereinthe guests
TIFF
were taken are needed to see thisw/ force upon thingsby robbery picture.
or theft committed within the inn or house.
CIVIL LIABILITIES
PECUNIARY
LIABILITIES
Page 60 of 174
Chapter Two
WHAT CIVIL LIABILITY INCLUDES
in
the
NOTES:
This refers to a person who has participated
gratuitously in the proceeds of a felony and
he is bound to make restitution in an amount
equivalent to the extent of such participation.
The third person must be innocent of the
commission of the crime, otherwise he would
be liable as an accessory and this article will
not apply.
Chapter Three
EXTINCTION AND SURVIVAL OF CIVIL
LIABILITY
Page 62 of 174
BOOK II
TITLE ONE
CRIMES AGAINST NATIONAL SECURITY
AND THE LAW OF NATIONS
NOTES:
Treason breach of allegiance to the
government by a person who owes
allegiance to it.
Allegiance obligation of fidelity and
obedience which individuals owe to the
government under which they live or to their
sovereign, in return for protection they
receive
Treason is a war crime - punished by state
as a measure of self-protection
Committed in times of war (not peace)
when
- there is actual hostilities
- no need for a declaration of war.
Mere acceptance of public office and
discharge of official duties under the enemy
do not constitute per se the felony of treason.
But when the position is policy-determining,
the acceptance of public office and the
discharge of official duties constitute treason.
PERSONS LIABLE:
1. Filipino permanent allegiance; can commit
treason anywhere
2. Alien Residing temporary allegiance;
commit treason only while residing in
Philippines
NOTES:
Treason committed in a foreign country may
be prosecuted in the Philippines. (Art.2,
RPC)
Treason by an alien must be committed in
the Philippines. (EO 44).
NOTES:
Levying war - must be with intent to
overthrow the government as such, not
merely to repeal a particular statute or to
resist a particular officer.
Not necessary that those attempting to
overthrow the government by force of arms
Page 63 of 174
NOTES:
To convict: testimonies must relate to the
same overt act not two similar acts
If act is separable each witness can testify
to parts of it; but the act, as a whole, must be
identifiable as an overt act
Confession must be in open court
Reason for 2-witness rulespecial nature
of the crime requires that the accused be
afforded a special protection not required in
other cases so as to avoid a miscarriage of
justice. Extreme seriousness of the crime,
for which death is one of the penalties
provided by law, and the fact that the crime is
committed in abnormal times, when small
differences may in mortal enmity wipe out all
scruples in sacrificing the truth.
General Notes:
Inherent circumstancesthey do not
aggravate the crime and aQuickTime
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ELEMENTS CONSPIRACY:
1. In time of war;
2. Two or more persons come to an agreement
to a. levy war against the government, or
b. adhere to the enemies and to give
them aid or comfort
3. They decide to commit it.
ELEMENTS PROSOPAL:
1. In time of war
2. A person who has decided to levy war
against the government, or to adhere to the
enemies and to give them aid or comfort
3. Proposes its execution to some other
person/s.
General Notes:
As a general rule, conspiracy and proposal to
commit a felony is not punishable (ART.8).
Art 115 is an exception as it specifically
penalizes conspiracy and proposal to
commit treason.
Mere agreement and decision to commit
treason is punishable.
Two-witness rule not applicable since this
is a crime separate from treason
Mere proposal even without acceptance is
punishable, too. If the other accepts, it is
already conspiracy.
If actual acts of treason are committed after
the conspiracy or proposal, the crime
committed will be treason, and the
conspiracy or proposal is considered as
a means in the commission thereof.
Page 64 of 174
ELEMENTS:
1. Offender owes allegiance to the government
2. Not a foreigner
3. Has knowledge of any conspiracy (to
commit treason) against the government
4. He conceals or does not disclose the same
to the authorities in w/c he resides.
NOTES:
Offender is punished as an accessory to the
crime of treason.
But is actually principal to this crime.
Crime doesnt apply if crime of treason is
already committed and it is not reported.
It is a crime of omission.
RPC mentions 4 individuals (i.e. governor,
provincial fiscal, mayor or city fiscal), but
what if you report to some other high-ranking
government. official?
Ex: PNP Director? Judge Pimentel says any
governement. official of the DILG is OK..
ELEMENTS:
1. That the offender is a public officer;
2. That he has in his possession the
articles, data or information referred
to in the first mode of committing
espionage, by reason of the public
office he holds; and
3. That he discloses their contents to
a representative of a foreign
nation.
PERSONS LIABLE:
1. First mode:
a. Filipino
b. alien residing
2. Second mode:
a. Offender is a public officer.
NOTES:
Being a public officer is a requirement in
the second paragraph
It is aggravating in the first.
General Notes:
Espionage is the offense of gathering,
transmitting, or losing information respecting
the national defense with the intent or
reason to believe that the information is
to be used to the injury of the Philippines or
the advantage of any foreign nation. It is not
conditioned on citizenship.
Wiretapping is not espionage if the purpose
is not connected with the defense.
In the first mode of committing the felony, it
is not necessary that the offender
succeeds in obtaining the information.
TREASONESPIONAGE
In both not conditioned by citizenship of offender
Committed in war time War and Peace time
Limited in two ways of Committed in many ways
committing crime:
levying war, and
adhering to the enemy
giving him aid or
comfort
Page 65 of 174
ACTS PUNISHABLE:
1. Unlawfully obtaining or permitting to be
obtained information affecting national
defense;
2. Unlawful disclosing of information affecting
national defense;
3. Disloyal acts or words in time of peace (i.e.
causing in any manner insubordination,
disloyalty, mutiny or refusal of duty of any
member of the military, naval, or air forces of
the Philippines);
4. Disloyal acts in time of war;
5. Conspiracy to commit the foregoing acts;
6. Harboring or concealing violators of the
law (i.e. the offender harbors a person whom
he knows as someone who committed or is
about to commit a violation of this Act); and
7. Photographing from aircraft of vital military
information.
ELEMENTS:
1. Offenderperformsunlawfulor
unauthorized acts;
2. Such acts provoke or give occasion for a
war involving or liable to involve the
Philippines or expose Filipino citizens to
reprisals on their persons or property;
NOTES:
Crime is TIFF (Uncompressed) decompressor
peace.committed in time of
are needed to see this picture. Intent of the offender is immaterial.
In inciting to war, the offender is any
person. If the offender is a public officer,
the penalty is higher.
Reprisals are not limited to military
action, it could be economic reprisals, or
denial of entry into their country.
Example: X burns Chinese flag. If China
bans the entry of Filipinos into China, that
is reprisal.
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ELEMENTS:
1. That there is war in which the Philippines is
not involved;
2. That there is a regulation issued by
competent authority for the purpose of
enforcing neutrality; and
3. That the offender violates such regulation.
NOTES:
This crime is committed only in time of
war.
Neutrality of the Philippines that was
violated.
There has to be a regulation issued by
competent authority for enforcement of
neutrality offender violated it
Being a public officer or employee has
higher penalty
QUALIFYING CIRCUMSTANCES:
1. Notice or information might be useful to the
enemy.
2. Offender intended to aid the enemy.
NOTES:
Circumstances qualifying the offense:
1. notice or information might be useful
to the enemy
2. offender intended to aid the enemy
A hostile country exists only during
hostilities or after the declaration of war.
Correspondence to enemy country is
correspondence to officials of enemy
country even if said official is related to
the offender.
Page 66 of 174
ELEMENTS of PIRACY:
1. A vessel is on the high seas or Philippine
waters;
2. Offenders not members of its complement
nor passengers of the vessel; and
3. That the offenders
a. attack or seize vessel (if committed by
crew or passengers, the crime is not
piracy but robbery in the high seas), or
b. seize whole or part of vessels cargo,
equipment or personal belongings
of its complement or passengers.
PERSONS LIABLE:
1. Filipino citizen
2. Alien residing in the Philippines
NOTES:
High seas - any waters on the sea coast
NOTES:
which are without the boundaries of the low
Mere attempt consummates the crime.
water mark although such waters may be in
There must be a prohibition. If there is
the jurisdictional limits of a foreign
none, even if one went to enemy country,
government; parts of the sea that are not
there is no crime.
included in the exclusive economic zone, in
An alien resident may be held guilty for
the territorial seas, or in the internal waters of
this crime because an alien owes
a state, or in the archipelagic waters of an
allegiance to the Philippine government
archipelagicstate(UnitedNations
albeit temporary.
Convention on the Law of the Sea).
Philippine waters all bodies of water, such
as but not limited to seas, gulfs, bays, around,
between and connecting each of the islands of
the Philippine Archipelago, irrespective of its
Section Three Piracy & Mutiny on The High
depth, breath, length or dimension, and all
Seas
waters belonging to the Philippines by historic
or legal title, including territorial sea, the seabed, the insular shelves, and other submarine
ART. 122. PIRACY IN GENERAL AND MUTINY
areas over which the Philippines has
ON THE HIGH SEAS
sovereignty and jurisdiction. (Sec. 2, P.D. No.
532)
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Now,
Art. 122, as amended by R.A. 7659
TIFF (Uncompressed) decompressor PIRACY MODES TOneeded to see this picture.COMMIT:
Piracy and Mutiny in Philippine waters is
are
punishable.
1. By attacking or seizing a vessel on the high
Before R. A. 7659 amended Art 122, piracy
seas or in the Philippine waters (PD 532);
and mutiny only on the high seas was
2. By seizing the whole or part of the cargo of
punishable. However, the commission of the
said vessels, its equipment or personal
acts described in Arts. 122 and 123 in
belongings of its complement or passengers,
Philippine waters was under P.D. No. 532.
the offenders being strangers to the
vessels.
Page 67 of 174
PIRACY
MUTINY
Robbery or forcible
degradation on the
high seas, without
lawful authority and
done with animo
furandi and in the spirit
and intention of
universal hostility.
Intent to gain is an
element.
Attack from outside.
Offenders are
strangers to the vessel.
Unlawful resistance to a
superior officer, or the
raising of commotion and
disturbances on board a
ship against the authority of
its commander.
PIRACY
ROBBERY ON HIGH
SEAS
PD 532, Anti-Piracy
Offender is an outsider
Offender is
passenger
crew
or
NOTES:
Parricide/infanticide should be included
(according to Judge Pimentel).
There is a conflict between this
provision and the provision on rape.
Ex: If rape is committed on someone
below 7 yrs. old penalty is death
under the new rape law. But if rape
committed on someone below 7
during the time of piracy reclusion
perpetua to death.
Themurder/rape/homicide/physical
injuries must have been committed on the
passengers or on the complement of the
vessel.
Piracy is a crime not against any particular
state but against all mankind. It may be
punished in the competent tribunal of any
country where the offender may be found
or into which he may be carried.
QUALIFIED PIRACY a SPECIAL
COMPLEX CRIME punishable by reclusin
perpetua to death, regardless of the
number of victims.
1974)
VESSEL any vessel or watercraft used for (a)
transport of passengers and cargo or (b) for fishing.
AIDING OR ABETTING PIRACY REQUISITES:
1. Knowingly aids or protects pirates;
2. Acquires or receives property taken by such
pirates, or in any manner derives any benefit;
R. A. NO. 6235
Anti-Hijacking Law
ACTS PUNISHABLE:
1. By compelling a change in the course or
destination of an aircraft of Philippine
registry, or seizing or usurping the control
thereof while it is in flight;
Page 68 of 174
the
his
the
the
NOTES:
Arbitrary detention is the deprivation by a
public officer of the liberty of a person w/o
any legal ground.
Though the elements specify that the
offender be a public officer or employee,
private individuals who conspire with
public officers can be liable as principals.
Legal grounds for the detention of any
person:
- commission of a crime
- violent insanity or other ailment
requiring compulsory confinement of
the patient in a hospital
Grounds for warrantless arrest:
- Crime is about to be, is being, or has
been committed;
- Arresting officer must have personal
knowledge that the person probably
committed the crime; or
- Person to be arrested is an escaped
prisoner.
Rolito Go v. CA is an example of arbitrary
detention (Judge Pimentel)
Ramos v. Enrile: Rebels later on retire.
Once you have committed rebellion and
have not been punished or amnestied,
the rebels continue to engage in
rebellion, unless the rebels renounce
their affiliation. Arrest can be made
without a warrant because rebellion is a
continuing crime.
TITLE TWO
CRIMES AGAINST THE FUNDAMENTAL LAWS
QuickTime andOF (Uncompressed) decompressor THE STATE a
TIFF
ELEMENTS:
1. That the offender is a public officer or
employee;
2. That he has detained a person for some
legal ground; and
Page 69 of 174
NOTES:
The felony means delay in filing the
necessary information or charging of
person detained in court which may be
waived if a preliminary investigation is
asked for. This does not contemplate
actual physical delivery.
The filing of the information in court beyond
the specified periods does not cure
illegality of detention. Neither does it
affect the legality of the confinement under
process issued by the court.
To prevent committing this felony, officers
usually ask accused to execute a waiver
of Art. 125 which should be under oath
and with assistance of counsel. Such
waiver is not violative of the constitutional
right of the accused.
Contemplates arrest by virtue of some legal
ground or valid warrantless arrest.
If arrested by virtue of arrest warrant, person
may be detained until case is decided.
LENGTH OF WAIVER:
- Light offense 5 days.
- Serious and less serious offenses 7 to
10 days. (Judge Pimentel)
- If offender is a private person, the
crime is illegal detention.
ARBITRARY
DETENTION (124)
DELAY IN DELIVERY
OF DETAINED (125)QuickTime and a
NOTE:
Wardens and jailers are the persons most
likely to violate this provision.
ACTS PUNISHABLE:
1. by expelling a person from the Philippines; or
2. by compelling a person to change his
residence
NOTES:
Acts punishable:
The crime of expulsion absorbs that of
grave coercion. If done by a private
person, act will amount to grave coercion.
Crime does not include expulsion of
undesirable aliens, destierro, or when sent to
prison.
If a Filipino who, after voluntarily leaving the
country, is illegally refused re-entry is
considered a victim of being forced to
change his address.
Page 70 of 174
ACTS PUNISHABLE:
1. procuring a search warrant without just
cause
ELEMENTS:
1. That the offender is a public officer or
employee;
2. That he procures a search warrant;
and
3. That there is no just cause.
2. exceedinghisauthoritybyusing
unnecessary severity in executing a
search warrant legally procured
ELEMENTS:
1. That the offender is a public officer or
employee;
2. That he has legally procured a
search warrant; and
3. That he exceeds his authority or
usesunnecessaryseverityin
executing the same.
NOTES:
Search warrant is valid for 10 days from its
date of issue.
If there is no just cause, the warrant is
unjustified.
The search is limited to what is described
in the warrant, all details must be with set
forth with particularity.
Example of a warrant maliciously obtained: X
was a respondent of a search warrant for
illegal possession of firearms. A return was
made. The gun did not belong to X and the
witness had no personal knowledge that there
is a gun in that place.
NOTES:
Order of those who must witness the
search:
- Homeowner
- Members of the family of sufficient
age and discretion
- Responsiblemembersofthe
community
Validity of the search warrant can be
questioned only in 2 courts: where issued
or where the case is pending. The latter is
preferred for objective determination.
ELEMENTS:
1. Offender is a public officer or employee;
2. He performs any of the following acts:
a. prohibiting or interrupting, without
legal ground the holding of a peaceful
meeting, or dissolving the same
(e.g. denial of permit in arbitrary
manner).
b. hindering any person from joining
any lawful association or from
attending any of its meetings
c. prohibiting or hindering any person
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ELEMENTS:
1. That the officer is a public officer or
employee;
2. Thatreligiousceremoniesor
manifestations of any religion are about to
take place or are going on; and
3. That the offender prevents or disturbs the
same.
NOTES:
Qualifying circumstances:
1. violence; or
2. threats.
Reading of Bible and then attacking certain
churches in a public plaza is not a
ceremony or manifestation of religion, but
only a meeting of a religious sect. But if
done in a private home, its a religious
service.
Religious Worship includes people in the act
of performing religious rites for a religious
ceremony or a manifestation of religion.
Examples: Mass, baptism, marriage
Page 72 of 174
(132)
ntal law
of the
state
Offending
the
Religious
Feeling
(133)
Crime
against
public
order
TITLE THREE
CRIMES AGAINST PUBLIC ORDER
NOTES:
If in a place devoted to religious purpose,
there is no need for an ongoing
religious ceremony.
Example of religious ceremony (acts
performedoutsidethechurch):
Processions and special prayers for
burying dead persons but NOT prayer
rallies.
Acts must be directed against religious
practice or dogma or ritual for the
purpose of ridicule, as mocking or
scoffing or attempting to damage an
object of religious veneration.
There must be deliberate intent to hurt the
feelings of the faithful, mere arrogance
or rudeness is not enough.
CRIME
Prohibition,
Interruption
and
Dissolution
of
Peaceful
Meeting
(131)
Interruption
of
Religious
Worship
NATUREWHO
OFARE
CRIMELIABLE
CrimePublic
decompressor
officers,
If not by
against (Uncompressed)
public officer
TIFF
are needed to see this picture.
IF ELEMENT
MISSING
QuickTime and a
theOutsiders
=
Tumults
fundame
ntal law
of the
state
Crime
against
the
fundame
Public
officers,
Outsiders
Public
officers,
private
persons,
outsiders
religious =
tumult or
alarms
If not
notoriously
offensive =
unjust
vexation
If not tumults
= alarms
and scandal
If meeting
illegal at
onset =
inciting to
sedition or
rebellion
If by insider =
unjust
vexation
If not
ELEMENTS:
1. That there be a public armed uprising; and
2. That the purpose of the uprising or
movement is either:
a. to remove from the allegiance to
said government or its laws the
territory of the Philippines or any part
thereof or any body of land, naval or
other armed forces, or
b. to deprive the chief executive or
congress, wholly or partially, of any
of their powers or prerogatives.
PERSONS LIABLE:
1. Any person who: (a) promotes, (b) maintains,
or (c) heads a rebellion or insurrection
(leader);
2. Any person merely participating or
executing the command of others in
rebellion (participant); and
Page 73 of 174
NOTES:
Rebellion is the term used where the object
of the movement is completely to
overthrow and supersede the existing
government.
Insurrection refers to a movement which
seeks merely to effect some change of
minor importance to prevent the exercise
ART. 134 A. COUP D ETAT
of governmental authority w/ respect to
particular matters or subjects.
ELEMENTS:
Purpose of the uprising must be shown
1. Offender is a person or persons belonging to
but it is not necessary that it be
the military, or police or holding any public
accomplished.
office or employment,
If there is no public uprising, the crime is
2. Committed by means of swift attack,
direct assault.
accompanied by violence, intimidation,
Mere giving of aid or comfort is not
threat, strategy or stealth;
criminal in the case of rebellion. There
3. Directed against:
must be ACTUAL participation.
a. duly constituted authorities of the
people vs. Hernandez ruling: rebellion
Philippines
cannot be complexed with ordinary
b. any military camp or installation
crimes done pursuant to it
c. communicationnetworks,public
people vs. Geronimo ruling: crimes done
utilities or other facilities needed for
for private purposes without political
theexerciseandcontinued
motivationshouldbeseparately
possession of power
punished
4. For the purpose of seizing or diminishing
Enrile vs. Salazar ruling: upheld
state power.
Hernandez
Thus: Rebellion absorbs other crimes
committed in furtherance of rebellion.
Illegal possession of firearms in
furtherance of rebellion is absorbed by
the crime of rebellion. A private crime
PERSONS LIABLE:
may be committed during rebellion.
1. Any person who leads or in any manner
Rape, even if not in furtherance of
directs or commands others to undertake
rebellion cannot be complexed with
coup detat (leaders);
rebellion.
2. Any person in the government service who
Rebellion is a continuing crime along with
participates or executes directions or
the crime(Uncompressed) decompressor proposal toof QuickTime and a orconspiracy
commands of others in undertaking coup
TIFF
detat (participants from government);
are needed to see
3.
Any person not in the government service
commit rebellion. this picture.
who participates, or in any manner, supports,
If killing or robbing were done for private
finances, abets, or aids in undertaking a coup
purposes or for profit, without any
detat (participants not from government);
political motivation, the crime would
and
be separately be punished and would not
4. Any person who in fact directed the others,
be embraced by rebellion (People v.
spoke for them, signed receipts and other
Fernando).
documents issued in their name, or
If the leader is unknown, a person is
performed similar acts, on behalf of the
deemed a leader of rebellion if he: a.
rebels (deemed leader if leader is unknown)
directed the others, b. spoke for them,
Page 74 of 174
REBELLION (134)
SEDITION (139)
National Security
Public Order
Public Order
Public Order
Public uprising
AND
Taking up arms against
the govt
Rising publicly
and tumultuously
(more
than 3 men who are armed or
provided with
means of violence)
Removing territory , or
body of armed forces, or
depriving the Chief
Executive or Legislature
Nature of
Crime
Overt acts
Purpose
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Page 75 of 174
NOTES:
Organizing a group of soldiers, soliciting
membership in, and soliciting funds for the
organization show conspiracy to overthrow
the government.
The mere fact of giving and rendering
speeches favoring Communism would not
make the accused guilty of conspiracy if
there is no evidence that the hearers then
and there agreed to rise up in arms
against the government.
TheadvocacyofCommunismor
Communistic theory is not a criminal act
of conspiracy unless converted into
advocacy of action.
Only when the Communist advocates action and
actual uprising, war or otherwise, does he
become guilty of conspiracy to commit
rebellion. (People vs. Hernandez
ACTS PUNISHABLE:
1. Failing to resist rebellion by all the means
in their power; or
2. Continuing to discharge the duties of their
offices under the control of rebels; or
3. Accepting appointment to office under
rebels.
NOTES:
There must be actual rebellion for this crime
to be committed.
It must not be committed in conspiracy
with rebels or coup plotters for this crime
to be committed.
If position is accepted in order to protect the
people, not covered by this article.
Page 76 of 174
PROPOSAL TO
COMMIT REBELLION
(136)
The person who
proposes has decided to
commit rebellion.
INCITING TO
REBELLION (138)
Not required that
the offender has
decided to commit
rebellion.
The inciting is done
publicly.
PERSONS LIABLE:
1. leader of the sedition, and
2. other persons participating in the sedition.
ART. 141. CONSPIRACY TO COMMIT
SEDITION
NOTE: There must be an agreement and a decision
to rise publicly and tumultuously to attain any of the
objects of sedition in order to constitute crime of
conspiracy to commit sedition.
Page 77 of 174
ELEMENTS of ACT 1:
1. That the offender does not take a direct part
in the crime of sedition;
2. That he incites others to the accomplishment
of any of the acts which constitute sedition;
and
3. That the inciting is done by means of
speeches, proclamations, writing, emblems,
cartoons, banners, or other representations
tending to the same end.
ACTS PUNISHABLE:
1. By using force, intimidation, threats, or
fraud to prevent any member of Congress
from attending the meeting of the assembly
or any of its committees, constitutional
commissions or committees or divisions
thereof, or from expressing his opinions or
casting his vote.
ELEMENTS:
1. Offender uses force, intimidation,
threat or fraud
2. Purpose is to prevent any member of
Congress from:
a. Attending the said meetings;
b. Expressing his opinions; or
c. Casting his vote.
2. By arresting or searching any member
thereof while Congress is in a regular or
special session, except in case such
member has committed a crime punishable
Page 78 of 174
NOTES:
Parliamentary immunity does not mean
exemption from criminal liability, except
from a crime that may arise from any speech
that the member of Congress may deliver on
the floor during regular or special session.
To be consistent with the 1987 Constitution,
the phrase by a penalty higher than prision
mayor in Art. 145 should be amended to
read by the penalty of prision mayor or
higher.
REQUISITES:
1. Theres a meeting gather or group
of persons whether fixed or moving;
2. Audience whether armed or not is
incited to the commission of the
crime of treason, rebellion or
insurrection, sedition or direct
assault.
NOTES:
Not all the persons present at the meeting of
the first form of illegal assembly need to be
armed.
Persons liable for illegal assembly:
the organizers or leaders of the meeting
persons merely present at the meeting
(except when presence is out of curiosity
not liable)
Presumptions if person present at the meeting
carries an unlicensed firearm:
purpose of the meeting is to commit acts
punishable under the RPC
considered as leader or organizer of the
meeting
ILLEGAL ASSEMBLY
(146)
ILLEGAL
ASSOCIATION (147)
Page 79 of 174
Founders,
directors,president
and members
FORCE
EMPLOYED
Person in
Authority
Need not be
serious
Serious
Agent
Must be of
serious
character
Serious
NOTES:
General Rule: Direct assault is always complexed
with the material consequence of the act (Ex. direct
assault with murder).
Exception: If resulting in a light felony, the
consequent crime is absorbed.
ELEMENTS:
1. Offenderemploysforceor
intimidation;
2. Aim of offender is to attain any of the
purposes of the crime of rebellion
and sedition; and
3. That there is no public uprising.
2. Without public uprising, by attacking, by
employingforceorbyseriously
intimidating or by seriously resisting any
QuickTime and aperson in authority o any of his agents,
whileTIFF (Uncompressed) decompressor
are needed to see this picture.engaged in the performance of official duties,
or on the occasion of such performance.
(second form).
ELEMENTS:
1. Offender (a) makes an attack, (b)
employs force, (c) makes a serious
intimidation, or (d) makes a serious
resistance;
INTIMIDATION/
RESISTANCE
Page 80 of 174
QUALIFYING CIRCUMSTANCES:
1. when the assault is committed with a
weapon;
2. when the offender is a public officer or
employee; or
3. when the offender lays hand upon a person
in authority
NOTES:
Indirect assault can be committed only
when a direct assault is also being
committed.
To be indirect assault, the person who
should be aided is the agent and not
the person in authority. In the latter
case, it is already direct assault.
According to Art 152: The person
coming to the aid of the person in
ACTS PUNISHABLE:
1. Disobedience w/o legal excuse to
summons issued by the Congress or any of
its committees or subcommittees;
2. Refusal of any person present before a
legislative or constitutional body or official to:
(a) to be sworn or placed under affirmation;
(b) to answer any legal inquiry; or (3) to
produce books, documents, records etc.
when required to do so by the said bodies in
the exercise of their functions;
3. Restraining another from attending as
witness in such body; or
4. Inducing disobedience to a summons or
refusal to be sworn.
Page 81 of 174
DIRECT ASSAULT
(148)
RESISTANCE &
DISOBEDIENCE TO A
PERSON IN AUTHORITY
(PIA) OR AGENTS OF
SUCH PERSON (151)
PIA or his agent must be
in the
actual performance
of his duties.
Committed by resisting or
seriously disobeying
a PIA or his agent.
Simple disobedience
force against an agent of
a PIA is not so serious;
No manifest intention to
defy the law & officers
enforcing it.
Chapter Five - PUBLIC DISORDERS
Page 82 of 174
ACTS PUNISHABLE:
Publishing or causing to be published, by
means of printing, lithography or any other
means of publication as a news any falseQuickTime and
decompressor
news that TIFF (Uncompressed) this picture. public order,may endanger the
are needed to see
ACTS PUNISHABLE:
1. Discharging any firearm, rocket, firecracker,
or other explosive within any town or
public place, calculated to cause alarm or
danger.
2. Instigating or taking active part in any
charivari or other disorderly meeting
offensive to another or prejudicial to public
tranquility.
3. Disturbing the public peace while
wandering about at night or while engaged
in any other nocturnal amusement.
4. Causing any disturbance or scandal in
public places while intoxicated or otherwise,
provided the act is not covered by Art 153
(tumult).
NOTES:
Charivari is a mock serenade or discordant
noises made with kettles, tin horns etc.,
designed to deride, insult or annoy.
Firearm must not be pointed at a person,
otherwise, it is illegal discharge of firearm
(Art. 254).
What governs is the result, not the intent of
the offender.
Page 83 of 174
NOTES:
This is a continuing offense.
This article does not apply to minor
delinquents, detention prisoners, or
deportees.
If the offender escaped within the 15-day
appeal period, crime is not evasion
because judgment is not yet final.
Circumstances qualifying the offense:
QuickTime Evasion ofTIFF (Uncompressed) decompressor through:sentence
wasand adone
are needed to see this picture. unlawful entry (by scaling);
breaking doors, windows, gates, walls, roofs or
floors;
using picklocks, false keys, disguise, deceit,
violence or intimidation; or
connivance with other convicts or employees of
the penal institution.
NOTES:
Penalty of commission of this felony is an
increase by 1/5 of the time remaining to
be served under the original sentence, in
no case to exceed 6 months.
The special allowance for loyalty (i.e.
deduction of sentence) authorized by
ndArticles 98 and 158(2 paragraph) refers
to those convicts, who having evaded the
service of their sentences by leaving the
penal institution, give themselves up
within 48 hours.
A mutiny is an organized unlawful resistance
to a superior officer, a sedition, or a revolt.
Disarming the guards is not mutiny.
NOTES:
Offender must have been found guilty of the
subsequent offense (through w/c he
violated his conditional pardon) before he
can be prosecuted under this Article. But
under the Revised Admin. Code, no
conviction is necessary. President has
the power to arrest, and reincarcerate
offender without trial.
When the penalty remitted is destierro, under
no circumstance may the penalty for the
violation of conditional pardon be destierro.
TITLE FOUR
CRIMES AGAINST PUBLIC INTEREST
Chapter Seven COMMISSION OF
ANOTHER CRIME
ACTS PUNISHABLE:
1. Forging the great seal of the Government;
2. Forging the signature of the President; or
3. Forging the stamp of the President.
NOTE: When the signature of the President is forged,
it is not falsification but forging of signature under this
article.
Page 85 of 174
NOTES:
A coin is counterfeit, if it is forged, or if it is not
authorized by the government as legal
tender, regardless if it is of intrinsic value.
Counterfeiting is the imitation of legal or
genuine coin such as to deceive an ordinary
person in believing it to be genuine.
To utter is to pass counterfeited coins, deliver
or give away.
To import is to bring them into port.
Importation is complete even before entry at
the Customs House.
This article also applies to Philippine coins,
foreign state coins, and coins withdrawn
from circulation. This does not require that
the coins counterfeited be legal tender.
ACTS PUNISHABLE:
1. Possession of a coin, counterfeited or mutilated
by another person, with intent to utter the same,
knowing that it is false or mutilated.
ELEMENTS:
1. possession
2. with intent to utter, and
3. knowledge
2.
NOTES:
Possession or uttering does not require that
coins be legal tender.
Crime under this article includes constructive
possession or the subjection of the thing to
ones control.
R.A. 427 punishes possession of silver or
nickel coins in excess of P50.00. It is a
measure of national policy to protect the
people from the conspiracy of those hoarding
silver or nickel coins and to preserve and
maintain the economy.
Page 86 of 174
ELEMENTS:
1. That there be an instrument payable to
order or other document of credit not
payable to bearer;
2. That the offender either forged, imported or
uttered such instruments; and
3. That in case of uttering, he connived with
the forger or importer.
Elements:
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Page 87 of 174
ELEMENTS:
1. That the offender is a public officer, employee,
or notary public.
2. That he takes advantage of his official
position.
a. He has the duty to make or to prepare or
otherwise to intervene in the preparation of
the document; or
b. He has the official custody of the document
which he falsifies
3. That he falsifies a document by committing any
of the following acts:
a. Counterfeiting or imitating any handwriting,
signature or rubric.
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.
e. Altering true dates.
f. Making any alteration or intercalation in a
genuine document which changes its
meaning.
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.
4. 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
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ACTS OF FALSIFICATION
a. Counterfeitingorimitating
handwriting, signature or rubric.
COUNTERFEITING
ELEMENTS:
1) That there be an intent to imitate, or
an attempt to imitate; and
2) Thatthetwosignaturesor
handwritings, the genuine and the
forged, bear some resemblance, to
each other.
Lack of similitude/imitation of
genuine signature will not be
ground for conviction under par.
but such is not an impediment
conviction under par. 2.
a
a
1
to
c.
d. Making untruthful
narration of facts.
are needed to see this picture.
any
statements
ELEMENTS:
1. That the offender makes in a
document statements in a narration
of facts
2. That he has a legal obligation to
disclose the truth of the facts
narrated by him
3. That the facts narrated by the
offender are absolutely false;
Page 88 of 174
in
change made4. That the needed to see this picture. the document
speak something false
are
if no knowledge,
negligence
falsification
Page 89 of 174
through
immediate effectare needed tolatter picture. same as thatof the see this is the
of estafa.
There is no falsification through reckless
imprudence if the document is private and no
actual damage is caused.
If the estafa was already consummated at the
time the falsification of a private document
was committed for the purpose of concealing
the estafa, the falsification is not punishable.
As regards the falsification of the private
FALSIFICATION OF
PUBLIC/
OFFICIAL DOCUMENTS
Damage to third persons is
immaterial;
what is punished is the
violation of public faith and
perversion of truth which the
document proclaims.
Page 90 of 174
ELEMENTS:
a. That the accused knew that wireless,
cable, telegraph, or telephone message
was falsified by any of the person
specified in the first paragraph of art.
173;
b. That the accused used such falsified
dispatch; and
c. That the use of the falsified dispatch
resulted in the prejudice of a third
party, or that the use thereof was with
intent to cause such prejudice.
NOTES:
The implements confiscated need not form
a complete set. It is enough that they may
be employed by themselves or together with
other implements to commit the crime of
counterfeiting or falsification.
Constructive possession is also punished.
Article 165 and 176 of the Revised Penal
Code, also punish constructive possession.
Page 91 of 174
NOTES:
In usurpation of authority, the mere act of
knowingly and falsely representing
oneself is sufficient. It is not necessary that
he performs an act pertaining to a public
officer.
There must be positive, express and explicit
representation and not merely a failure to
deny. Representation may be shown by acts.
In usurpation of official functions, it is
essential that the offender should have
performed an act pertaining to a person in
authority.
A public officer may also be an offender.
Note: the usurpation must pertain to a
department or agency of the Philippine
Government or any foreign government.
Sec. 1 RA 75 punishes any person who shall
falsely assume and take upon himself to act
as a diplomatic, consular, or any other official
of a foreign government duly accredited as
such to the Government of the Republic of
the Philippines with intent to defraud such
foreign government or the Government of the
Philippines; in addition to penalties imposed
in RPC, the offender shall be fined not more
than P5,000 or shall be imprisoned for notQuickTime and a
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If it can be proven that the usurpation of
authority or official functions by accused was
done in good faith or under cloth of authority,
then the charge of usurpation will not apply.
Ex. See Estrada v. Desierto
CONCEALING
TRUE NAME
(178)
Publicity not
necessary
Purpose is only
to conceal
identity
Page 92 of 174
PERSONS LIABLE:
1. Any person who uses any name different from
the one w/ w/c he was registered at birth in the
office of the local civil registry, or w/ w/c he was
registered in the bureau of immigration upon
entry, or such substitute name as may have been
authorized by a competent court. Exempted from
criminal liability are persons who use another
name as a pseudonym solely for literary,
cinema, television, radio, or other entertainment
purposes and in athletic events; and
2. Any person who having been baptized with a
name different from what was registered, or who
had obtained judicial authority for use of an alias,
or who uses a pseudonym, represents himself
in any public or private document w/o stating
or affixing his real or original name or aliases
or pseudonym he is authorized to use.
NOTES:
A judicial authority must be first secured by a
person who desires to use an alias.
However, a common-law wife does not incur
criminal liability under the Anti-Alias Law if she
uses the surname of the man she has been living
w/ for the past 20 years and has been introducing
herself to the public as his wife.
ELEMENTS:
1. That the offender makes use of insignia,
uniform or dress;
2. That the insignia, uniform or dress pertains to
an office not held by the offender or to a
class of persons of which he is not a
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ELEMENTS:
1. That there be a Criminal proceeding;
2. Offender testifies falsely under oath
against the defendant therein;
3. Offender knows that it is false; and
4. The defendant against whom the false
testimony is given is either acquitted or
convicted in a final judgment.
Page 93 of 174
ELEMENTS:
1. That an accused made a statement under
oath or made 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; and
4. That the sworn statement or affidavit
containing the falsity is required by law.
Page 94 of 174
NOTES:
This article applies when the offender, without
inducing another but knowing him to be a
false witness, presented him and the latter
testified falsely in a judicial or official
proceeding.
The felony is consummated the moment a
false witness is offered in any judicial or
official proceeding. Looking for a false
witness is not punished by law as that is not
offering a false witness.
The false witness need not be convicted of
false testimony. A mere offer to present him
is sufficient.
NOTES:
The crime is consummated by the mere act of
soliciting a gift or promise for the purpose of
abstaining from taking part in any public
auction.
The threat need not be effective nor the offer or
gift accepted for the crime to arise.
Execution sales should be opened to free and
full competition in order to secure the
maximum benefit for the debtors.
ACTS PUNISHED:
1. Conspiracy or combination to prevent free
competition in the market
2. Monopoly to restrain free competition in the
market
3. Manufacturer, producer, or processor or
importer combining, conspiring or agreeing
with any person to make transactions
prejudicial to lawful commerce or to increase
the market price of merchandise
NOTES:
Combination to prevent free competition in the
market- By entering into a contract or
agreement or taking part in any conspiracy or
combination in the form of a trust or otherwise, in
restraint of trade or commerce or to prevent
by artificial means free competition in the
market; It is enough that initial steps are taken. It
is not necessary that there be actual restraint
of trade.
Page 95 of 174
ACTS PUNISHABLE:
1. By (a) substituting the trade name (t/n) or
trademark (t/m) of some other manufacturer or
dealer or a colorable imitation thereof, for the
t/n or t/m of the real manufacturer or dealer
upon any article of commerce; and (b) selling
the same.
2. By selling or by offering for sale such article
of commerce, knowing that the t/n or t/m has
been fraudulently used.
3. By using or substituting the service mark of
some other person, or a colorable imitation of
such marks, in the sale or advertising of
services.
4. By printing, lithographing or reproducing
t/n, t/m or service mark of one person, or a
colorable imitation thereof, to enable another
person to fraudulently use the same,
knowing the fraudulent purpose for which it is
to be used.
Page 96 of 174
NOTES:
The provisions of Articles 188 and 189 of the
Revised Penal Code which are inconsistent
with R. A. 8293 (Intellectual Property Code of
the Philippines) are repealed.
The tradename, trademark or service mark
need not be identical; a colorable imitation is
sufficient. There must not be differences which
are glaring and striking to the eye.
Mark means any visible sign capable of
distinguishing the goods or services of an
enterprise and shall include a stamped or
marked container.
Tradename: identify or distinguish an
enterprise; not necessarily attached or affixed
to the goods of the owner.
Trademarks: to indicate origin of ownership of
goods to which it is affixed
In trademarks, it is not necessary that the
goods of the prior user and the later user of the
trademark are of the same categories. The
meat of the matter is the likelihood of
confusion, mistake or deception upon
purchasers of the goods of the junior user of
the mark and goods manufactured by the
previous user.
The tradename or trademark must be
registered. Trademark must not be merely
descriptive or generic.
The exclusive right to an originally valid
trademark or tradename is lost, if for any
reason it loses its distinctiveness or has
become publici juris.QuickTime and a
ACTS PUNISHED:
1. Unfair competition by selling his goods,
giving them the general appearance of the
goods of another manufacturer or dealer.
2. Fraudulent designation of origin by (a)
affixing to his goods or using in connection
with his services a false designation of origin;
or any false description or representation,
and (b) selling such goods or services.
3. Fraudulentregistrationbyprocuring
fraudulently from the patent office the
registration of t/m, t/m or service mark.
Unfair Competition
Infringement of
trademark or trade
name
Limited range
Identified a peculiar
symbol or mark with his
goods and thereby has
acquired a property right
in such symbol or mark
TITLE FIVE
CRIMES RELATED TO OPIUM AND OTHER
PROHIBITED DRUGS
Policy
1. Campaign against Drugs and Protection of
State
2. BalanceMedicinal Purpose
3. Rehabilitation
ACTS PUNISHABLE:
1. Importation of dangerous drugs (even for floral,
decorative and culinary purposes) and/or
controlledprecursorsandessential
chemicals
Qualifying circumstance:
a. If the importation was through the use of
a diplomatic passport, diplomatic facilities
or any other means involving the
offenders official status.
b. Organizes, manages or acts as a
financier
The protector or coddler is also liable.
dangerous drugs decompressortransportation of(Uncompressed) this picture.are needed to see 5. Manufacture of dangerous drugs and/or
Qualifying circumstances:
a. Within 100 meters from a school;
b. Ifminors/mentallyincapacitated
individuals are used as runners,
couriers and messengers of drug
pushers;
c. If the victim of the offense is a minor, or
should a prohibited/regulated drug
involved in any offense under this section
Page 98 of 174
controlled
ofequipment,instrument,9. Possession
apparatus and other paraphernalia fit for
introducing dangerous drugs into the body
Page 99 of 174
Theland/portionsthereofand/or
greenhouses in which any of the said
plants is cultivated or cultured shall be
confiscated and escheated to the State,
unless the owner thereof prove that he
did not know of such cultivation or
culture despite the exercise of due
diligence on his part.
Qualifying circumstance:
1) The land is part of the public domain
2) Organizes, manages or acts as financier
of
D.
E.
F.
G.
H.
I.
B.
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C.
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TASK
Immediately after
seizure
24 hours upon
confiscation
Destruction
PRESENT
Accused or the person/s from whom
confiscated, or representative, media,
DOJ and any elected public official
who shall sign the copies of the
inventory and be given a copy.
Alleged offender or his representative shall be allowed to personally observe all of the proceedings and his presence shall
not constitute an admission of guilt. In case the offender refuses or fails to appoint a representative after due notice in
writing within 72 hours before the actual destruction, the SoJ shall appoint a member of the public attorneys office to
represent the former.
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OTHER RULES:
1. In buy-bust operations, there is no law or rule
requiring policemen to adopt a uniform way
of identifying buy money.
2. Absence of ultraviolet powder on the buy
money is not fatal for the prosecution.
3. If offender is an alien, an additional penalty of
deportation without further proceedings shall
be imposed immediately after service of
sentence.
4. A person charged under the Dangerous
Drugs Act shall not be allowed to avail of
plea-bargaining.
5. A positive finding for the use of dangerous
drugs shall be a qualifying aggravating
circumstance in the commission of a crime
by the offender.
6. If public official/employee is the offender,
the maximum penalty shall be imposed.
7. Any person convicted of drug trafficking or
pushing cannot avail of the Probation Law.
8. Immunity from prosecution and punishment
shall be granted to an informant, provided the
ff. conditions concur:
1) necessary for conviction
2) not yet in the possession of the State
3) can be corroborated on material
points
4) has not been previously convicted of
a crime of moral turpitude, except
when there is no other direct
evidence
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TITLE SIX
CRIMES AGAINST PUBLIC MORALS
ACTS PUNISHED
Prision correccional,
medium or fine
ranging from P1,000
to P6,000
In case of recidivism:
(1) Cockfighting, jueteng,Prision mayor,
medium or finejai-alai or horse racing
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bookieto include
TIFF
Prision correccional
maximum, fine of
P6,000
Government official
maintainer, conductor,
banker of gambling
schemes; player,
promoter, referee, umpire,
judge or coach in case of
game fixing, point shaving
and machination
Prision correccional
medium or fine P400
to P2,000
Temporary absolute
disqualification
Prision correccional
maximum or fine
P500 to P2000
Security officer,
watchman, private or
house detective of hotels,
villages, buildings,
enclosures and the like
which have reputation of
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NOTES:
Playing for money is not a necessary
element. The laws purpose is to prohibit
absolutely those games.
Any other games if with wager of money,
articles, or value are at stake or made
Individual/team contests: game-fixing, pointshaving, other machinations
Lottery:
Requisites:
1. Consideration
2. Chance
3. Prize/advantage/inequality in amount
value which is in the nature of prize
NOTES:
Distribution of prizes by chance
No lottery where there is full value of
money(criminalcase-Olsen),butif
inducement to win prize is reason for
purchase/subscription/others then even if full
valueformoneyisreceivedstill
lottery(Administrative Code, postal law-El
Debate)
Proof that game took place or is about to
take place is not necessary; burden of
evidence is shifted to accused to show that
his possession is lawful or is not connected
with jueteng game; but proof to the contrary
is necessary when jueteng lists pertain to
games played on other dates
MAINTAINER person who sets up and furnishes
means to carry on gambling or scheme
CONDUCTOR person who manages or carries on
gambling game or scheme
NOTES:
BETTING - betting money or any object or
article of value or representative of value
upon the result of any game, races and other
sports contests
or
NOTES:
Permitting gambling of any kind in cockpit is
punished under the same Decree (Owner,
manger or lessee of cockpit that permits
gambling shall be criminally liable)
Spectators in cockfight are not liable unless
he participates as bettor
NOTES:
Gambling in all its forms, unless allowed by
law, is generally prohibited. The prohibition
does not mean that the Government cannot
regulate it in the exercise of police power.
There are particular days where Cockfighting
and Horse Racing are allowed. Betting in
Horse Races is allowed during periods
provided by law but betting in cockfights is
prohibited at all times.
Sports Contests: Betting, Game-fixing, PointShaving, Game Machinations prohibited
NOTES:
Morals imply conformity to generally
accepted standards of goodness or rightness
in conduct or character.
The test of obscenity is whether the matter
has a tendency to deprave or corrupt the
minds of those who are open to immoral
influences. A matter can also be considered
obscene if it shocks the ordinary and
common sense of men as indecency.
Mere nudity in paintings and pictures is not
obscene.
Pictures w/ a slight degree of obscenity
having no artistic value and being intended
for commercial purposes fall within this
article.
Publicity is an essential element.
Trespass To
Dwelling
Attempted theft
Vagrancy
Persons liable:
1. Mendicant Those with no visible and legal
means of support, or lawful employment and
physically able to work but neglects to apply
himself to lawful calling and instead uses begging
as means of living (higher penalty if convicted 2
or more times)
2. Any person who abets mendicancy by giving
alms on public roads, sidewalks, parks and
bridges except if given through organized
agencies operating under rules and regulations of
Ministry of Public Information
TITLE SEVEN
CRIMES COMMITTED BY PUBLIC OFFICERS
NOTES:
Public officers include every public servant
from the lowest to the highest rank provided
that they exercise public functions.
A government laborer is not a public officer.
However, temporary performance by a
laborer of public functions makes him a
public officer.
Malfeasance
Misfeasance
Nonfeasance
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Misfeasance:
1. Knowingly rendering unjust judgment
2. Rendering judgment through negligence
3. Rendering unjust interlocutory order
4. Malicious delay in the administration of
justice
Nonfeasance:
1. dereliction of duty in prosecution of offenses
NOTES:
A judgment is a final consideration and
determination by a court of competent
jurisdiction of the issues submitted to it in an
action or proceeding.
An unjust judgment is one which is contrary
to law, or not supported by the evidence, or
both.
Elements:
1. That the offender is a judge; and
2. That he performs any of the following acts:
a. knowinglyrendersanunjust
interlocutory order or decree, or
b. rendersamanifestlyunjust
interlocutory order or decree through
inexcusable negligence or ignorance.
INTERLOCUTORY ORDER - one issued by the court
deciding a collateral or incidental matter; it is not a
final determination of the issues of the action or
proceeding
Acts punishable:
1. By maliciously refraining from instituting
prosecution against violators of the law
2. By maliciously tolerating the commission of
offenses
Page 110 of 174
Elements:
1. That the offender be a public officer;
2. That the offender accepts an offer or promise
or receives a gift or present by himself or
through another;
3. That such offer or promise be accepted or
gift/present received by the public officer
(Mere agreement consummates the crime
and delivery of consideration is not
necessary) a. with a view to committing some crime;
b. in consideration of an execution of an act
which does not constitute a crime, but
the act must be unjust; (contemplates an
accepted gift, and an overt act)
c. to refrain from doing something which is
his official duty to do; (should not be a
crime)
4. That the act which the offender agrees to
perform or which he executes be connected
with the performance of his official duties.
(need not be a statutory duty)
NOTES:
Prevaricacion means the negligence and
tolerance in the prosecution of an offense.
There must be a duty on the part of the
public officer to prosecute or move for the
prosecution of the offender. However, a fiscal
is under no compulsion to file an information
based upon a complaint if he is convinced
that the evidence before him is insufficient to
warrant filing an action in court.
The crime must be proved first before an
officer can be convicted of dereliction of duty.
Maliciously signifies deliberate evil intent; a
dereliction of duty caused by poor judgment
or honest mistake is not punishable.
A public officer who harbors, conceals, or
assists in the escape of an offender, when it
is his duty to prosecute him, is liable as
principal in the crime of dereliction of duty in
the prosecution of offenses. He is not an
accessory.
This article not applicable to revenue officers.
NOTES:
For purposes of this article, temporary
performance of public functions is sufficient
to constitute a person a public officer. A
private person may commit this crime only in
the case in which custody of prisoners is
entrusted to him.
Applicable also to assessors, arbitrators,
appraisal and claim commissioners, experts
or any other person performing public duties.
This felony cannot be frustrated. It may only
be attempted or consummated.
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of
Persons Liable:
1. Any public officer who shall perform any of the
following acts:
a. Persuading, inducing or influencing another
public officer to perform an act constituting a
violation of rules and regulations duly
promulgated by competent authority or an
offense in connection with the official duties
of the latter, or allowing himself to be
persuaded, induced, or influenced to commit
such violation or offense.
f.
Peralta)
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j.
k.
2.
3.
4.
5.
7.
NOTES:
No public officer shall be allowed to resign or
retire pending an investigation
Suspension while pending in court after valid
information (cannot be automatic), and loss of
benefits if convicted by final judgment; maximum
duration of preventive suspension is 90 days;
acquittalreinstatement and salaries and
benefits which he failed to receive
The courts are not bound by the statement of
assets and liabilities filed.
Penalty of forfeiture can be applied retroactively.
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NOTES:
The gift is given in anticipation of future favor
from the public officer.
There must be clear intention on the part of the
public officer to take the gift offered and consider
the property as his own for that moment. Mere
physical receipt unaccompanied by any other
sign, circumstance or act to show such
acceptance is not sufficient to convict the officer.
Direct bribery
Indirect bribery
ELEMENTS:
1. That the offender be a public officer;
2. That he should have taken advantage of his
office, that is, he intervened in the
transaction in his official capacity;
3. That he entered into an agreement with any
interested party or speculator or made use of
any other scheme with regard to (a)
furnishing supplies (b) the making of
contracts, or (c) the adjustment or settlement
of account relating to a public property or
funds; and
4. That the accused had intent to defraud the
government.
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B. ILLEGAL EXACTIONS
ELEMENTS:
1. The offender is a public officer entrusted
with the collection of taxes, licenses, fees
and other imposts; and
2. That he is guilty of any of the following acts
or omissions;
a. demanding, directly or indirectly the
payment of sums different from or
larger than those authorized by law,
or
b. failing voluntarily to issue a
receipt, as provided by law, for any
sum of money collected by him
officially, or
c. collecting or receiving, directly or
indirectly, by way of payment or
otherwise, things or objects of a
nature different from that provided
by law.
ELEMENTS:
1. That the offender is a public officer;
2. That he takes advantage of his official
position; and
PERSONS LIABLE:
A. Any public officer who, by himself or in
connivance with members of his family,
relatives by affinity or consanguinity,
business associates and subordinates or
other persons, amasses, accumulates, or
acquires ill-gotten wealth through a
combination or series of overt or criminal
acts as described under above in the
aggregate amount or total value of at least
50 million pesos, shall be guilty of the crime
of plunder (as amended by RA 7659).
B. Any person who participated with the said
public officer in the commission of plunder.
JURISDICTION: Sandiganbayan.
DEFINITION OF ILL-GOTTEN WEALTH: Any asset,
property, business enterprise or material possession
of any person acquired by him directly or indirectly
through dummies, nominees, agents, subordinates,
and/or business associates by any combination or
series of the following means or similar schemes:
A. Through misappropriation, conversion,
misuse or malversation of public funds or
raids on the public treasury.
B. By receiving, directly or indirectly, any
commission,gift,share,percentage,
kickbacks or any other form of pecuniary
benefit from any person and/or entity in
connection with any government contract
or project or by reason of the office or
position of the public officer concerned;
C. By the illegal or fraudulent conveyance or
disposition of assets belonging to the
National Government or any of its
subdivisions, agencies or instrumentalities or
government-owned or controlled corporations
and their subsidiaries;
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or indirectly,are needed to see this picture. stock, equity orany shares of
any other form of interest or participation,
includingthepromiseoffuture
employment in any business enterprise or
undertaking.
E. By establishing agricultural, industrial or
commercialmonopoliesorother
combinations, and/or implementation of
decrees and orders intended to benefit
particular persons or special interests;
ELEMENTS:
1. That the offender be a public officer (or
private person if entrusted with public
funds or if in connivance with public
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funds or property (if not accountable for the
funds, crime committed is theft or qualified
theft);
3. That those funds or property were public
funds or property (even if private funds,
they become public if attached, seized,
deposited or commingled with public funds);
and
4. That he
MALVERSATION (217)
Crime is committed by
appropriating, taking, or
misappropriating/consentin
g, or through abandonment
or negligence, permitting
any other person to take the
public funds/property
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ESTAFA WITH
ABUSE OF
CONFIDENCE (315)
Funds/property are
always private
Offender is a private
individual or even a
public officer who is
not accountable for
public funds/property
Crime is committed by
misappropriating,
converting, or
denying having
received money,
goods or other
personal property
ELEMENTS:
1. That the offender is a public officer, whether
in the service or separated therefrom;
2. That he must be an accountable officer for
public funds or property;
3. That he is required by law or regulation to
render accounts to the Commission on
Audit, or to a provincial auditor; and
4. That he fails to do so for a period of two
months after such accounts should be
rendered.
Demand and misappropriation are not necessary.
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of the City Treasurer's Office is not covered by
ELEMENTS:
1. That the public officer has govt. funds or
property in his possession.
2. That he is under obligation to either:
a. make payment from such funds, or
b. to deliver property in his custody or
administration when ordered by
competent authority; and
3. That he maliciously fails or refuses to do
so.
NOTES:
The document must be complete and one by
which a right could be established or an
obligation could be extinguished.
Books, periodicals, pamphlets, etc. are not
documents.
Papers would include checks, promissory
notes and paper money.
A post office official who retained the mail
without forwarding the letters to their
destination is guilty of infidelity in the custody
of papers.
Removal of a document or paper must be for
an illicit purpose. There is illicit purpose
when the intention of the offender is to:
a. tamper with it,
b. to profit by it, or
c. to commit any act constituting a breach
of trust in the official care thereof.
Removal is consummated upon removal or
secreting away of the document from its usual
place. It is immaterial whether or not the illicit
purpose of the offender has been accomplished.
Infidelity in the custody of documents through
destruction or concealment does not require
proof of an illicit purpose.
Delivering the document to the wrong party is
infidelity in the custody thereof.
The damage may either be great or small.
The offender must be in custody of such
documents because of his official capacity.
ELEMENTSOFPAR.2(WRONGFULLY
DELIVERING PAPERS OR COPIES OF PAPERS
OF WHICH HE MAY HAVE CHARGE AND WHICH
SHOULD NOT BE PUBLISHED):
1. That the offender is a public officer;
2. That he has charge of papers;
3. That those papers should not be published;
4. That he delivers those papers or copies
thereof to a third person;
5. That the delivery is wrongful; and
6. That damage be caused to public interest.
ELEMENTS:
1. That the offender is a public officer;
2. That he knows of the secret of a private
individual by reason of his office; and
3. That he reveals such secrets without
authority or justifiable reason.
Revelation to one person is sufficient.
If the offender is an attorney, he is properly
liable under Art. 209 (betrayal of trust by an
attorney).
Damage to private individual is not
necessary.
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delivers
them wrongfully to a third person, the crime
is revelation of secrets. On the other hand, if
the papers do not contain secrets, their
removal for an illicit purpose is infidelity in
the custody of documents.
Damage is essential to the act committed.
his
the
an
this
ELEMENTS:
1. That the offender is entitled to hold a public
office or employment, either by election or
appointment;
2. That the law requires that he should first be
sworn in and/or should first give a bond;
3. That he assumes the performance of the
duties and powers of such office; and
4. That he has not taken his oath of office
and/or given the bond required by law.
ELEMENTS:
1. That the offender is holding a public office;
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