You are on page 1of 229

Criminal Law Bar 2011 Notes Roland Glenn T.

Tuazon Ateneo de Manila University


FUNDAMENTAL PRINCIPLES AND FELONIES Preliminary
What is the nature of felonies?
o All felonies in RPC are public wrongs, as distinguished from private wrongs, t
he latter of which is just a breach of duty or contract of two private parties.
o Although the State has power to prosecute persons for private crimes, the law
gives the victim the privilege of not instituting actions for private crimes: ad
ultery, seduction, abduction, etc. There must be a complaint initiated by the of
fended party. Ratio: to protect the latter from shame and humiliation. Rape is n
o longer a private crime. (Art. 344 of RPC) it is now a crime against persons.
U
nder RA 8353, the marriage of the offender and the offended party will extinguis
h criminal liability of the accused. Can there be common law crimes in the Phili
ppines? o No. There are no common law crimes in the Philippines. Nullum crime nu
lla poena sine lege. What are the sources of criminal law?
TABLE OF CONTENTS: 1. FUNDAMENTAL PRINCIPLES AND FELONIES 2. CIRCUMSTANCES AFFEC
TING LIABILITY 3. PERSONS CRIMINALLY LIABLE 4. PENALTIES 5. MODIFICATION AND EXT
INCTION OF CRIMINAL LIABILITY 6. AGAINST NATIONAL SECURITY 7. AGAINST FUNDAMENTA
L LAWS OF THE STATE 8. AGAINST PUBLIC ORDER 9. AGAINST PUBLIC INTEREST 10. RELAT
IVE TO OPIUM AND OTHER DRUGS 11. AGAINST PUBLIC MORALS 12. COMMITTED BY PUBLIC O
FFICERS 13. AGAINST PERSONS 14. AGAINST PERSONAL LIBERTY AND SECURITY 15. AGAINS
T PROPERTY 16. AGAINST CHASTITY 17. AGAINST CIVIL STATUS 18. AGAINST HONOR 19. C
RIMINAL NEGLIGENCE ANNEX I: CIVIL INDEMNITY RATES
1

o RPC, SPL, municipal ordinances. What about administrative regulations? May the
se partake of nature of criminal law? o YES. o Requisites:
1) Violation of admin
regulation must be made a crime by the delegating statute 2) Penalty for violat
ion must be provided by the statute itself. Are judicial decisions by the SC pen
al laws? o No. o Article 8 of NCC: judicial decisions interpreting the Constitut
ion form part of the legal system of the Philippines. But decisions of the SC in
terpreting criminal statutes are not penal laws per se they are merely interpret
ative. What are examples of laws in Philippine criminal law that follow the posi
tivist theory? o 1. ISL
The ISL was approved to uplift and improve human life. N
ot focused on the person as a criminal, but the law takes into account economic
usefulness of offender and excessiveness of deprivation of liberty. o 2. Habitua
l delinquency law o The State is concerned not just with protective social order
against criminal acts, but also

redeeming the individual for social ends. Not just retribution, but reformation.
What is the principle of generality? o Art 14 of the NCC: Penal laws apply to a
ll those who live or sojourn in the Philippines, subject to international law or
treaty stipulations. o How does international law become domestic law, under th
e 1987 Constitution?
Transformation requires that the I-law be transformed into
domestic law; ex. local legislation
Incorporation international law is part of t
he law of the land. Immunities from criminal prosecution by certain individuals:
o 1. Covered by the VCDR or exempted by treaties/laws or preferential applicati
on Principle is par in parem non habet imperium suing them is tantamount to suin
g the State they represent
Who are the diplomats covered? Classified into four:
A) ambassadors, ambassadors extraordinary B) ministers and papal internuncios
C)
ministers-residents D) charges-de-affaires
2

This principle is inviolable; they are not subject to local penal laws. They are
immune from arrest and prosecution for violation for local laws. But one may be
temporarily restrained if he commits acts that threaten public order. The State
may simply request for recall of the diplomat he will still not be prosecuted l
ocally. X is a citizen of Iran, but is also an honorary consul. He was caught in
possession of drugs. Is he exempt from prosecution?
No. A consul is not exempt
from criminal prosecution for violation of the penal laws of a country where he
is assigned to. He is not entitled to any immunity or diplomatic privileges unde
r the VCDR. The nature of the job of consuls, vice-consuls, or consulsgeneral is
commercial in nature. Exception: when there is an agreement between the Philipp
ines and the sending country. But the exemption is not based on the nature of hi
s position.
Except: immunity does not cover suits in personal and private capacity as an ord
inary citizen
Liang: The RP and ADB entered into an agreement under which office
rs and staff members enjoy immunity from legal processes and prosecution, with r
espect to acts performed in their official capacity, except when the bank waives
the immunity. In this case, the ADB officer committed grave oral defamation, wh
ich is ultra vires. He is not immune. This is not covered by immunity because he
was not performing his duty. o 2. RA 7055 Members of the AFP and officers charg
ed with service-connected offenses Who are officers and members of the AFP?
Arti
cle 1: members of AFP, those subject to military law, members of the Citizens Ar
med Forces Geographical Units (CAFGU) What is the general rule?
Civilian courts
have jurisdiction over crimes committed by members of the AFP.
3

EXCEPTION: service-connected offenses (provided in RA 7055) fall under courts-ma


rtial
Civilian court determines before arraignment whether the crime is serviceconnected
Is it possible for a serviceconnected crime to be tried by civilian co
urts? YES. The President, before arraignment, in the interest of justice, may re
fer the crime to a civilian court as long as it is covered by the RPC or any oth
er SPL. What about Members of the PNP? They are covered by RA 6975. Civilian cou
rts have jurisdiction over them because the PNP is civilian in character. o 3. I
mmunity under law/transactional immunity Transactional immunity is statutory imm
unity from criminal prosecution as granted by law
Omnibus Election Code one who
reports to the COMELEC any incident of vote buying or vote selling, and he testi
fies for prosecution: he is entitled to

immunity, even if he took part in such crime. Sec 261 of OEC. P.D. 749 immunity
granted to those furnishing information re: violation of bribery, indirect bribe
ry, corruption of public officers
Art. 2: territoriality principle
What is covered by the territory of the Philipp
ines? o Phil. archipelago, atmosphere, interior waters, maritime zone UNCLOS o T
erritorial sea is up until 12 nautical miles o Contiguous zone: up until 24 naut
ical miles States may exercise control even within this area to prevent and puni
sh infringement of customs, immigration, fiscal, sanitary laws within territory
or territorial seas What are the exceptions to the territoriality rule of crimin
al law? o 1. Commission of an offense in a Philippine ship or airship
But techni
cally this is not an exception, because Philippine ships or airships are part of
Philippine territory Nationality of the ship depends on its registration

o 2. Forging or counterfeiting Philippine coins or notes or government securitie


s o 3. Introduction into the Philippines of the forged/counterfeited notes, coin
s, or government securities
Rationale for #2 and #3: to protect economic securit
y of the Philippines o 4. Public officers and employees who commit an offense in
the exercise of their duties o 5. Commission of any of the crimes against natio
nal security and the law of nations
i.e. treason, espionage, provoking or disloy
alty during war, piracy, mutiny Purpose of penal laws involving national securit
y is to protect the domestic order and crimes against national and economic secu
rity of the Philippines. The law is designed to protect not only the national an
d economic security of the country, and should reach beyond the boundaries of th
e Philippines, wherever they may be found. Differentiate the English from the Fr
ench rule: o English (territorial) the territorial State has jurisdiction, excep
t when it merely concerns internal management of the vessel. o French (flag) the
flag of registration has offense, as long as it does not disturb the peace.
5

There was an English vessel in Phil. territory, not in transit. Accused was smok
ing opium on the ship. o HELD: Convicted. The SC followed the English rule, beca
use he was smoking within Phil. territory. This had pernicious effect on Phil. t
erritory (disturbs the peace) so it was not a matter of mere internal management o
f the vessel. A person in a Philippine ship in Vietnamese waters got drunk and s
hot three people. He was not prosecuted in Vietnam. Can the Philippines prosecut
e him? o Yes, the Philippines may exercise jurisdiction. Although following the
English rule, which we adhere to, it must be Vietnam that exercises jurisdiction
, since Vietnam did not exercise jurisdiction, there is nothing preventing the P
hilippines from deviating from English rule. o Rule: the territorial State has p
riority. If it fails to do so, the Philippines may act under Art. 2. In the D.D.
A., mere attempt to transport marijuana is a crime. Can Philippine officials boa
rd the vessel to prosecute those on board? o General rule: the ship cannot be bo
arded. But the UNCLOS said that the criminal law of a State may not be enforced
on board the vessel to prosecute individuals, except if measures are necessary t
o suppress illegal traffic of

narcotic drugs in a commercial vessel that passes by the territorial sea. What i
s the nature of the high seas? o Free for all. o Is it possible that a crime was
committed beyond the territorial sea, but yet, when the vessel enters Phil. ter
ritorial sea, can it be prosecuted?
Yes, if it is a continuing crime. o Can Phil
ippines legislate on crimes applying to the high seas? Yes, for instance, P.D. 5
32 Piracy. o Pirates wanted to unload the oil from a vessel. They boarded the sh
ip within Phil. Waters, which went to Singapore, and unloaded the oil to another
vessel in the high seas. Can they be prosecuted here? Yes, they can be prosecut
ed for piracy even if the crime was committed in Singapore, because the crime be
gan in the Philippines. It continued to Singapore. What are the two components o
f felonies by dolo? o 1. Act and omission punishable by law (physical act) o 2.
Mens rea (intent)

Art. 3: felonies

For felonies by dolo, one is not criminally liable if there is no criminal inten
t. What about culpa? o Not intent, but negligence, imprudence, lack of foresight
, or lack of skill May someone be held criminally liable for crimes of omission?
o YES. The following must concur:
1. There is a positive duty provided by law
2
. Accused acted voluntarily to not do a positive duty
3. Criminal intent in refu
sing to do it o Examples: misprision of treason, prevaricacion (Art. 208 of RPC)
, fraud on treasury What is mistake of fact and its implications? o Recall: Peop
le v. Achong. o If there is mistake of fact, then there is no criminal intent. O
ne is not culpable for dolo. o The one invoking it must act with good faith. o I
f he acts with negligence, such as when he is negligent in ascertaining the true
state of facts, he may be liable for felony by culpa. o Not a valid defense for
felony by culpa or by SPL. What is abberatio ictus and what are its implication
s?

o This is mistake in the victim of the blow. There is still criminal liability,
which is generally increased (because it either becomes a complex crime or two s
eparate crimes against the intended and the real victim). o Can treachery apply
to abberatio ictus?
Yes, because if the accused fired at his intended target but
missed, the victims are helpless to defend themselves. What is error in persona
e and its implications? o This is mistake in the identity. It may or may not low
er criminal liability depending on the crime committed and if the intended crime
is of equal or different gravity. o Ex. X intended to kill Y, but instead kille
d his father, Z by mistake. Instead of homicide, it became parricide. In this ca
se, Art. 49 will govern: error in personae becomes mitigating (apply maximum per
iod of homicide as penalty). What is praeter intentionem and its implications? o
The accused did not intend to commit so grave a wrong as that committed. This i
s a mitigating circumstance under Art. 13. o But if the means used to commit the
desired crime would also logically and naturally bring about the actual felony,
praeter intentionem does not apply.
Circumstance Mistake of fact Abberatio ictus Error in personae Praeter intention
em
Common implication Not culpable
or
usual
Complex crime No change; or maximum period of the lesser offense Mitigating

What is the rule on specific intent felonies? o In specific intent felonies, the
prosecution must prove beyond reasonable doubt the specific intent. But sometim
es, specific intent may be presumed.
Ex. intent to kill must be proved. One can
presume this, for instance, from the mere fact that the victim died from a delib
erate act. But for attempted or frustrated homicide, intent to kill is not presu
med and must be proved.
Ex. intent to gain in theft. One is found in possession
of recently stolen property there is a presumption. o Criminal intent can be pre
sumed from the commission of a delictual act. Must motive be proved for dolo? o
Not in general. Motive is not an essential element of crime. But there are insta
nces
7

where motive is a prerequisite to conviction of accused.


Political crimes If the
crime committed, for instance murder, is in pursuance of political motive in reb
ellion or coup detat, it is absorbed by the crime.
Death by exceptional circumsta
nces killed wife and paramour who were having sexual intercourse. Not criminally
liable for homicide, if motive is to avenge dishonor. But if he killed the wife
for some other motive, and not due to exceptional circumstances, then he is cri
minally liable. o Motive, however, is useful when there is doubt whether the acc
used committed the crime or as regards the identity of the accused When is crimi
nal intent not needed to commit a crime? o 1. Culpa o 2. Crimes malum prohibitum
Is reckless imprudence under 365 a felony under Art. 3? o Yes. It is a quasi-of
fense. o Note the difference: Under Art. 3, culpa is mode of committing a crime,
while in Art. 365, culpa itself is the crime punished, thus it is a felony.
8
o Does mistake in the identity of the victim constitute reckless imprudence? No.
Mistake in identity is not culpa. Ex. Policemen were trying to arrest an escape
e, and they saw a man sleeping. They thought the man was the escapee. HELD: The
felony was dolo, not culpa, because the killing was deliberate. o May there be a
crime of frustrated homicide through reckless imprudence?
No. Frustrated homici
de requires intent to kill. This is incompatible with recklessness, negligence,
or imprudence. o Can there be conspiracy resulting from negligence?
There can be
no conspiracy resulting from negligence, because conspiracy is the product of d
eliberate agreement evincing intent. o If the information charges an intentional
felony but what is proved is culpable felony, can the accused be convicted? Yes
, because the greater includes the lesser offense o Can more than one person be
liable for killing the same person, one by dolo and one by culpa?
Yes.

3 people went to carnival. X was mentally challenged. Y poured gasoline on X. Z


lit a match and burned X. HELD: Y who poured gasoline was liable for reckless im
prudence resulting in homicide. He should have anticipated that after pouring ga
soline, someone could light a match lack of foresight. Z is liable for felony by
dolo deliberate act. (P v. Pugay) Are crimes punishable by SPLs automatically c
rimes malum prohibitum? o Not all. Some can be malum in se. o A. Plunder is malu
m in se, for three reasons:
1. Although defined by SPL, it is malum in se becaus
e the crimes constitutive of plunder are mala in se. Under the law, mitigating a
nd extenuating circumstances are applicable to plunder.
2. The predicate crimes
are punishable by RP to death. 3. Plunder is inherently immoral and wrong. o B.
Sec. 27B of the Omnibus election code: a member of the BEI who tampers with elec
tion results.
The crime is malum in se, although the crime is defined by SPL. It
is inherently

immoral and wrong to tamper with election results. Give examples of SPLs that ar
e malum prohibitum: o A. Possession of unlicensed firearm.
But mere transient po
ssession in RA 8294 is not a crime: there must be intent to possess, not mere po
ssession.
Can the use of unlicensed firearm be an aggravating circumstance?
Yes.
RA 8294 provides that it is an aggravating circumstance. o B. Violation of Trus
t Receipts law o C. Anti-fencing Law No need to prove intent to gain Can one be
liable for both a felony and a SPL for one delict? o Yes. o Ex. One issued a che
ck for a transaction which bounced. Liable for BP 22 AND liable for estafa. o Ex
. One pretended to be a licensed recruiter. Liable for both illegal recruitment
and estafa. Can one be liable for crime defined by SPL, commit another felony an
d then become liable for a special complex crime? o Yes. The anti-carnapping law
(RA 6539). If the offender kills the driver or occupant to take
9

the car, he is guilty of special complex crime of carnapping with murder. May a
felony by dolo or culpa absorb a crime which is malum prohibitum? o No, a felony
by dolo or culpa cannot absorb a malum prohibitum crime. Two persons went to th
e public forest and cut timber, which is a violation of the Forestry Code. They
were convicted, on basis of conspiracy. The court ruled that they were guilty to
conspire to violate the Forestry Code. Is the SC decision correct? Can there be
conspiracy to commit malum prohibitum? o No. The SC is wrong. Under Art. 8, the
y must agree to commit a crime (felony). Thus, this does not apply to malum proh
ibitum. (Tigoy v. P)
Art. 4: felonies and impossible crimes Par.1 natural and logical consequence of
felonies
What is the rule on liability for those who have committed a felony? o
That person is liable for natural (ordinary course of things) and logical (reaso
nable connection) consequences of his criminal act o The act must be the proxima
te cause of the effect. o What is proximate cause?
The cause, which in its natural and continuous sequence, unbroken by any efficien
t intervening cause, produces the injury and without which the result would not
occurred
And that cause may cause another thing to occur, which produces the inju
ry o Which circumstances do not affect the existence of proximate cause? 1. Preexisting condition of the victim (pathological)
2. Negligence of doctor
3. Refus
al to get medical help or delay in getting it o When is something not the proxim
ate cause of the effect? 1. There is an active force that intervened between the
felony committed and the death of the victim,
2. The resulting injury or damage
is the intentional act of the victim. Examples where even if the resulting wron
gful act was different from the offenders intention, he is liable for that result
ing act o Inserted vibrator in anal orifice of victim. It was rusty so the victi
m died (Complex crime of sexual assault with homicide under RA 8353) o Accused r
obbed a store and to shut up the woman inside, he jammed a pan de sal in her
10

mouth. She died by asphyxiation. Convicted of robbery with homicide. o The kidna
p victim died from a heart attack due to fear. The accused is liable for kidnapp
ing with homicide. o Accused robbed victim of belongings, the victim ran away an
d jumped in the river. She drowned. Accused is liable since he created a sense o
f fear in the mind of the victim. o Even if the doctor is negligent, but the acc
used inflicted mortal wounds on the victim, the negligence of the doctor is NOT
an active intervening force that exculpates the accused.
But there are times the
doctors acts are exculpatory.
Ex. Victim was brought to the hospital, but the do
ctor was so intoxicated, he gave the victim poison instead of medicine. The doct
or was liable. Is it possible that two persons are liable for the death of the s
ame person even if there is no conspiracy? o Yes. Two persons went to a bar, did
not know each other, and sat on different tables. They saw an annoying person.
One person stabbed him. The other, not knowing that the first one stabbed him to
o, stabbed him again. Both wounds were mortal. o Both are liable for homicide.
11

An accused committed reckless imprudence, and due to this, two people died. Can
he be prosecuted for reckless imprudence resulting to double homicide? May reckl
ess imprudence result into a complex crime? o YES, because reckless imprudence i
s a felony under Art. 3 and Art. 48 talks about felonies as component crimes. Wh
at is the relevant presumption under Rule 131, Sec 5(c) of the Rules of Evidence
? o A person is presumed to contemplate the ordinary consequences of his acts, a
nd expect those. But intent is an internal act. How do you determine this? o Thr
ough circumstances of the case. Does Art. 4, par. 1 regarding liability for natu
ral and logical consequences apply to culpable felonies? o No. o Par. (1) is spe
cific: it refers only to delitos. o NOTE: Boado has a different opinion, noting
that delitos means felony in general, which can include culpable felonies. The cla
ssic example she gives is person X jumping off a building to commit suicide, but
does not die because he lands on Y, who dies. X is liable for the death of Y ev
en if committing suicide is not a crime per se.

What will apply to culpable felonies? o Article 365 of the RPC applies. o The of
fender is liable for whatever damage or injury caused by him. What are the eleme
nts of an impossible crime? o 1. The offender performed an act which would be an
offense against persons or property o 2. He performed the act with criminal int
ent o 3. Accomplishment of the act is inherently impossible or the means employe
d were inadequate or ineffectual Differentiate factual or physical impossibility f
rom legal impossibility: o Factual or physical impossibility
There is intent and p
erformance but no accomplishment due to extraneous circumstances that makes acco
mplishment impossible. The factual condition must be unknown to the offender.
Wh
at if the person knew the factual condition? There is no crime and there is no i
mpossible crime. Examples:
Par. 2 impossible crimes

Offender accepted goods which he believed to have been stolen, but which were no
t, in fact stolen
Offender offers a bribe to someone he believes is a public off
icer, but is in fact not Offender believed his gun was loaded, pointed it as his
wife, and pulled the trigger. But it was empty.
Intod v. CA fired guns into emp
ty bedroom, because the intended victim was out of town
Jacinto v. P Sales agent
, instead of turning over the check to employer, gave it to a relative. The chec
k bounced. HELD: impossible crime, because at the time the petitioner stole the
check, there were no funds in the bank. (Problem with this case: What about post
dated checks? Does not the check (paper) itself have some value?) o Legal imposs
ibility There is intent and performance of a crime, but the consequence could no
t result into a crime.

12

Even when completed, it would not amount to a crime.


Ex. Stole a watch that turn
ed out to be his.
Ex. Offender saw a naked woman lying on the beach. He inserted
his penis into his vagina. It turned out she was dead. Impossible crime, becaus
e you cannot rape a dead person. Is an impossible crime a crime? o No. But it is
still punished because the law intends to punish criminal inclinations/tendenci
es. What is the penalty for impossible crimes? o Under Art. 59 of the RPC, the i
mposable penalty for impossible crime is arresto mayor (correctional penalty). o
What is the potentially inequitable situation arising from this penalty?
Suppos
ing I saw a person on a bed, and I punched him. He sustained slight PI. But he t
urned out to be dead, so it was an impossible crime. Under Art. 266(3) of the RP
C the penalty is arresto menor for slight PI. But for an impossible crime, the p
enalty is arresto mayor. So if that person were alive, the penalty would be less
than if he were dead!
13

Art. 5: Duty of courts to report


When does the courts duty to report to the Presi
dent, through the DOJ, apply? o 1. Acts which are not punishable by law, but sho
uld be o 2. Clearly excessive punishment o N.B. in these cases, the court must s
till render the proper decision notwithstanding the report.
Remedy is executive
clemency, in case of excessive penalties. The court can simply recommend, but no
t impose clemency, because its still the Executives prerogative. Article 5 does no
t apply to crimes defined by SPL, because of the use of the words degree of malic
e, etc. This brings to mind B.P. 22, in relation to A.C. 122000, as clarified by
A.C. 13-2001: o S.C. noticed that people are using the courts as collection agen
cies and are clogging up dockets o So S.C. issued a circular dissuading people f
rom filing B.P. 22, and for judges to just impose fines A.O. 08-2008, issued 25
Jan. 2008 o Libel imposable penalty is imprisonment or fine o According to the S
.C., preference is fine over imprisonment

Art. 6: Stages of consummation


When is a crime consummated? o When all the acts
necessary for its accomplishment and execution are present. o The accused has re
ached the objective stage of the offense as he no longer has control of his acts
, having performed all that is necessary to accomplish the purpose. In general,
all the felonies in Book II are consummated crimes. What is the exception? o Att
empted or frustrated robbery with homicide Why do we punish attempted stages? o
Attempts are punished because there is just as much need to reform a person who
has unsuccessfully attempted to commit a crime What are the elements of an attem
pted crime? o 1. Commenced execution directly, by overt acts
There must be an over
t, external act and there is crime intended to be committed
There is direct conn
ection to crime intended to be committed must have an immediate and necessary co
nnection. Ex. Merely opening a hole in the wall of a bank is not yet attempted r
obbery because there is no overt act evincing robbery
14

yet. At most, its attempted trespass.


It can be the first of a series of acts tha
t would produce the intended crime, as long as the intended crime is established
or known
Differs from preparatory acts, which are just means or measures necess
ary to produce the desired end.
Ex. surveillance Ex. buying poison
Ex. conspirac
y and proposal, unless the law punishes the conspiracy/proposal per se o 2. But
offender did not complete all acts of execution to produce the felony
Still at t
he subjective phase of the commission of crime still has full control of acts, and
has not completed the needed acts yet o 3. Due to cause or accident other than
spontaneous desistance Is he is still in the subjective phase and he desists fro
m committing the crime, is he liable?
NO. He is not liable.
The reason for desis
ting need not be legal or moral. It could be

remorse or fear as long as he desists voluntarily.


But if he desists during the
objective stage, there is no exculpation But may he be liable for any other felo
ny already committed apart from that desisted from?
Yes. What are the elements o
f a frustrated crime? o 1. All the acts of execution needed to produce the felon
y are present So in the same way, the objective stage has been reached o 2. But
it was not produced by reason of causes independent of the perpetrators will When
does frustrated homicide/murder exist? o It is not enough to wound the other pe
rson. The wound inflicted must be mortal. If it is not mortal, then it is a mere
attempt. o Even if the accused believed that he inflicted a mortal wound, but h
e did not, it is merely attempted, not frustrated. The nature of the wound contr
ols, not the belief of the person. What are crimes where no frustrated stages ex
ist? o 1. Rape As long as the penis enters the labia majora, it is already consu
mmated
o o
o
o
o o
It is not the mere entry; the SC said that the entry must be in relation with th
e intent to have carnal knowledge of the woman
If it is just in the mons pubis ju
st attempted. (Bombardment of the drawbridge, even if the troops do not successfu
lly enter the castle. If no intent, just acts of lasciviousness.) 2. Sexual assau
lt By analogy 3. Robbery
One is liable for consummated robbery if one takes poss
ession of the personal property of the other, however brief it may be. 4. Theft
No more frustrated theft, under same ratio: no need to have disposed of stolen p
roperty 5. Adultery Essence of the crime is sexual congress: so same principle a
s in rape applies 6. Felonies by omission
No attempted or frustrated stage 7. Fa
lsification of public document

15

There is no attempted or frustrated falsification of public document unless the


falsification is so imperfect. o 8. Arson
The moment burning occurs, even for a
small portion only, the offense is consummated All overt acts prior to burning:
attempted stage o 9. Corruption of public officials
When the offer is accepted b
y the public officer, then the offense is consummated When the offer is rejected
, then it is just an attempt What are formal crimes? o Those that are always con
summated because the offender cannot perform all the acts necessary to consummat
e the offense without consummating it. o Examples of formal crimes?
1. Physical
injuries Since their punishment is based on result and gravity of injury
2. Slan
der The moment the words are uttered and heard by third persons, the crime is co
nsummated.
16

Is there attempted or frustrated culpa? o No. What if what was charged was the f
rustrated stage and only the attempted crime was proved. Can an accused be convi
cted? o Yes, the frustrated stage necessarily includes the attempted stage. Same
with consummated crimes and attempted/frustrated stages. What are light felonie
s? o Those infractions of law where the penalty is arresto menor or fine not exc
eeding 200 pesos When are light felonies punishable? o Only when they have been
consummated o Except those against persons or property Who are punishable for li
ght felonies? o Only principals and accomplices. o Accessories are not liable be
cause light felonies are punishable with arresto menor and accessories are penal
ized two degrees lower than the principal, which is non-existent in this case. H
ow do you categorize reckless imprudence resulting into slight PI? o The crime o
f reckless imprudence is a light felony, under the last paragraph of Art. 9 of t
he RPC. Punishable only by public censure.
Art. 7: light felonies

Art. 8: conspiracy and proposal


When is there conspiracy? o When two or more per
sons come to an agreement concerning the commission of a felony and they decide
to commit it. What is proposal? o A person who has decided to commit a felony pr
oposes its execution to some other person or persons. Is conspiracy or proposal
a felony? o No. Conspiracy under article 8 is not a felony, because there is no
penalty provided by law. o Article 8 is thus a mode of incurring criminal liabil
ity. o Enumerate at least two felonies punished pursuant to Article 8 as a felon
y per se: Conspiracy to commit treason Conspiracy to commit rebellion o For the
above acts, the mere conspiracy is punishable. But the moment they actually comm
it treason or rebellion, conspiracy loses its juridical personality and it becom
es a mere mode to commit a crime. What is required to prove a conspiracy? o Same
degree of proof to establish the crime, in order to prevent finding someone gui
lty of a crime except proof beyond reasonable doubt.

o But it can be proved by indirect proof, such as inferences from acts of the ac
cused before, during, and after the commission of the crime. o These acts must i
ndubitably point to or indicate a joint purpose, concerted action, and singular
interest. What is required to be done in order to become a co-conspirator? o Int
entional participation in the transaction with a view to furthering the common d
esign. o Except when one is a mastermind, he must perform some overt art as a di
rect/indirect contribution to the crimes execution. The overt act can be active p
articipation, moral assistance by being present at the scene of the crime, or ex
erting moral ascendancy. o But merely being present is not sufficient to prove c
onspiracy; it must be shown that there is intent to provide moral support, etc.
What are the two types of conspiracy? o 1. Express conspiracy
There is prior agr
eement A conspirator is liable as long as he appeared in the scene of the crime.
Except when he is the mastermind, where it doesnt matter whether he appears or n
ot, since he is a principal by inducement
17

Degree of actual participation is immaterial: all conspirators adopt the acts of


the others o 2. Implied conspiracy
Deduced from the acts of the offenders. The
agreement to pursue a common design and the unity of purpose is instantaneous. I
t is essential that the conspirator participated in the commission of the crime.
Mere presence is not enough because mere presence does not prove intent to join
the commission of the crime, without prior agreement. Three kinds of special co
nspiracy: o 1. Wheel conspiracy there is one person (hub) and his underlings (st
okes)
We have this. The others, not yet recognized. o 2. Chain conspiracy using
legitimate enterprise to distribute narcotics
Ex. drugs o 3. Enterprise conspira
cy Racketeer Influenced and Corrupt Organizations (RICO) What is the kind of con
spiracy and connivance contemplated in Article 157 (Evasion of service of senten
ce)?

o This is the situation where a convict or a person escapes in connivance with a


nother person. o The conspiracy or connivance in connection with the crime commi
tted here is an essential condition for the commission of said crime, in connect
ion with Art. 223 of the RPC (Infidelity in the custody of prisoners). The penal
ty is prision correccional in maximum period instead of medium and maximum perio
d. What are the characteristics of conspiracy? o 1. Singularity of intent o 2. U
nity in the execution of the unlawful objective Does Art. 8 apply to SPLs? o Gen
erally, no; it does not apply to crimes defined in SPL. However, if the SPL prov
ides that conspiracy to commit a crime under that law is a crime in itself, then
it is.
Ex. DDA, Sec. 26: conspiracy to commit any of those crimes enumerated in
that section is a crime by itself (sale, importation, distribution and conspirac
y to do such) Ex. Access device regulation, Sec. 11: conspiracy to commit access
devise fraud is a crime
18

Ex. Anti-terrorism law: conspiracy to commit terrorism is a crime punishable wit


h 40 years of imprisonment o If there is no provision in the SPL, Art. 8 can be
considered a mode to commit that crime.
Two or more persons who conspire to comm
it a crime of BP 22 liable under Art. 8 of the RPC (Andan v. P)
Recall the contr
oversial Tigoy case re: conspiracy to violate the Forestry Code Does Article 4,
par. 1 apply to Article 8? o Yes. Each conspirator is responsible for everything
done by his confederates, which follow incidentally in the execution of the com
mon design, as one of its probable and natural consequences even though not inte
nded as part of the original design. o Conspirators are held to have intended th
e consequences of their act, by engaging in conspiracy. So, liability extends to
collateral acts incident to and growing out of the conspiracy. o X and Y agreed
to rob the victim only. But he resisted and X killed the victim. What crime did
X and Y commit? HELD: All the conspirators, thus both X and Y, are guilty of ro
bbery with homicide.

o What if one of the co-conspirators (ex. robbers) prevented the others from com
mitting the extra act of homicide or rape?
HELD: He is only liable for robbery o
nly, and not homicide and rape. It does not matter if he succeeds in preventing
them of not. o X, Y, and Z committed robbery. After they all escaped, X a car an
d carnapped it after.
HELD: Only he was liable for carnapping because its not int
ended as part of the plan and is not incidental to the common design.
Conspirato
rs are necessarily liable for the acts of another conspirator unless such act di
ffers radically and substantively from that which they intended to commit. Until
when does conspiracy last? o Conspiracy continues until the object is attained.
Conspiracy is a continuing event, unless in the meantime, they abandon the cons
piracy or the conspirators are arrested. X and Y agreed to commit robbery and de
cided to commit it. X stabbed the victim and ran. Y did not run and he was caugh
t. Defense: he was not guilty of the crime, because he desisted when he did not
run. Is the defense tenable?
19

o HELD: The mere failure or refusal to flee after the commission of the crime do
es not amount to a disavowal of the conspiracy. There must be an overt act to di
sassociate oneself from the conspiracy. Relate conspiracy with aggravating circu
mstances of evident premeditation and price: o Evident premeditation only applie
s for express conspiracies. It does not apply to implied conspiracies, because t
hese are spontaneous. o Price applies to the co-conspirators acting as offeror a
nd acceptor. Does the laxity of a public officer in investigating or prosecuting
indicate that he is a coconspirator? o Not per se. It must be shown that he had
foreknowledge and participation in the plan in the first place. What are the po
ssible liabilities of a head of office when his subordinates are able to conspir
e to commit a crime? o 1. Conspiracy (if he is aware of the design and agreed to
it) o 2. Culpa in this case, he is not part of the conspiracy because there can
be no conspiracy by culpa o What is the Arias doctrine?
The head of office can
rely to a reasonable extent on his subordinates
20
and their good faith. There has to be a special reason why he should examine act
s or papers in detail. There is no negligence/culpa if he fails to examine an er
ror because of the sheer amount of paperwork that passes through his hands. Art.
9: severity of felonies Classify felonies as to severity: o 1. Grave felonies
C
apital punishment
Afflictive penalties in any of its periods (prision mayor to r
eclusion perpetua) o 2. Less grave felonies
Correctional penalties in their maxi
mum period (destierro, suspension, arresto mayor, prision correccional) o 3. Lig
ht felonies Arresto menor
Fine not exceeding P200
N.B. but in Article 26, a fine
of P200 is already a correctional penalty What is the relevance of knowing this
classification? o 1. Complex crimes require grave or less grave felonies o 2. T
o determine the duration of the subsidiary penalty

o 3. To determine the duration of detention in case of failure to post the bond


to keep the peace
N.B. but there is no crime that requires a bond to keep the pe
ace o 4. Different prescriptive periods o 5. To determine whether there is delay
in the delivery of the detained persons to the judicial authority o 6. Penalty
for quasi-offenses (Art. 365) Art. 10
What is the relationship between RPC provi
sions and SPLs? o In general, RPC provisions do not apply. o But the RPC is supp
lementary to the SPL, unless provided otherwise. What if the penalty provided by
an SPL follows RPC nomenclature? o The RPC applies suppletorily, ex. mitigating
circumstances. R.A. 9165, amended by 9344; Dangerous Drugs Act provisions of RPC
shall not apply to violations of DDA, except in the case of minor offenders o Re
clusion perpetua, not L.I. o Penalty may be reduced by 1 or 2 degrees under Art.
63 What does the Anti-hazing law provide as re: praeter intentionem?
21

o Sec. 4 provides that praeter intentionem does not apply as a mitigating circum
stance for violation of Anti-Hazing law o The law also enumerates who will be de
emed principals, etc. What does the anti-terrorism law provide as re: the relati
onship of its penal provisions and RPC provisions? o Conviction of a person unde
r said law constitutes a bar to the prosecution of that person under the RPC or
another SPL for the predicate crime What does R.A. 7610 Child abuse law, Sec. 10
provide? o Where the victim of murder, homicide, intentional mutiliation, or SP
I is under 12 years old, the penalty shall be reclusion perpetua VAWC: If the of
fender commits act of physical violence and there is intent to kill, what is the
punishment? o Crime is NOT violation of physical violence provision under VAWC
but attempted, frustrated, or consummated parricide, homicide, or intentional mu
tilation
CIRCUMSTANCES AFFECTING LIABILITY Art. 11: justifying circumstances

Are complete self-defense and other provisions under Art. 11 (justifying circums
tances) absolutory causes? o Yes, because the accused is not deemed to have comm
itted a crime. An absolutory cause means that the accused does not incur crimina
l liability. Is Article 12 an absolutory cause as well? o No. There is technical
ly a crime, although the person is exempt from liability. The basis here is that
the person is not acting with complete intelligence. There is no mens rea. What
are other absolutory causes? o 1. The offender was instigated
Differentiate ins
tigation from entrapment:
In entrapment, the idea of the crime comes from the la
wbreaker. Thus, this is not absolutory. The peace officer is without criminal li
ability. o Ex. buy-bust operations In instigation, the idea of the crime is indu
ced in the mind of the lawbreaker. It is absolutory due to public policy. The pe
ace officer is a principal by inducement.
22

o 2. Spontaneous desistance in the attempted stage o 3. Attempted or frustrated


light felonies, except against persons and property o 4. Accessories in light fe
lonies o 5. Accessory relatives who help relatives escape (Art. 20) o 6. Art. 24
7 death under exceptional circumstances o 7. Certain relatives in estafa, theft,
malicious mischief o 8. Somnambulism o 9. Mistake of fact (Achong) o 10. Repeal
of penal law, whether absolute or modification What is the nature of self-defen
se? o Self-defense is an act to save life; thus, it is an act, not a crime. o Th
ere is no such thing as accidental selfdefense because it contemplates intent by
the defending party. What does self-defense include? o Defense of body and limb
o Rights as person, including honor o Property and liberty If the accused in ar
raignment pleads self-defense, is he making a judicial confession? o It is NOT a
judicial confession, but just a judicial admission. He does not admit penal

liability. He is merely admitted that he killed the victim. If the accused admit
ted killing the victim and pleads self-defense, is the burden of proof shifted t
o accused? o No. The burden of proof never shifts; only the burden of evidence s
hifts. (Although Boado seems to have mixed up these terms because she says that
the burden of proof shifts.) What are the requisites of self-defense? o 1. Unlaw
ful aggression o 2. Reasonable means necessary to repel it o 3. Lack of sufficie
nt provocation by the defender What is ABSOLUTELY necessary out of these? o Unla
wful aggression. Without it, even if the two others are present, there can be no
complete or incomplete self-defense.
If it is unlawful aggression alone, then i
t is an ordinary mitigating circumstance.
If it is unlawful aggression plus one
other, then it is a privileged mitigating circumstance. o What is the nature of
needed unlawful aggression? It must continue up until the act of selfdefense, be
cause once it ceases, the offender can no longer invoke selfdefense.
23

If there is no more unlawful aggression, the self-defense is just mere retaliation


and thus invalid. What if the other two are missing? o There is incomplete self
-defense and thus it is just a mitigating circumstance, not justifying. How is u
nlawful aggression defined? o Actual peril to ones life, or merely a threat, but
real and imminent. Is slapping unlawful aggression? o Yes. It is unlawful aggres
sion against his honor. The face of a person is akin to his dignity, honor, etc.
What is the effect of presence of multiple wounds on the victim in a claim of s
elf-defense? o The nature of wounds belies a claim of selfdefense because it sho
ws a determined effort to kill the victim, and not mere self-defense. Compare P
v. Jaurige and P v. De la Cruz as re: reasonable means: o BOTH cases involved de
fense of honor. o Jaurige: mere touching of thigh, in church, in daylight. She k
illed him with fan knife. No selfdefense appreciated. The means used were not re
asonable. o De la Cruz: groped in dark alley. Killed with knife. Allowed to exer
cise self-defense. o THUS, whether means are necessary is caseto-case.

o What do you consider?


1. Whether the aggressor was armed 2. The nature and qua
lity of weapon used
3. Physical conditions and sizes of the parties involved Wha
t is the rational equivalence rule in reasonable necessity? o The law does not dem
and material commensurability between the means of attack and defense. So this d
octrine considers the nature of imminent danger, and instinctual actions. Note t
hat a person in peril will not act as rationally as normally expected. What is t
he rule when a person is attacked? o Not anymore retreat to the wall; now, it is: S
tand your ground when in the right. If two people agree to fight, is there valid
claim of self-defense? o No, because there is an agreement. There is no unlawful
aggression. o What is the exception?
When they agreed to fight, but one attacke
d ahead of the agreed time. What is the extent of defense of property rights? o
May use such force as reasonably necessary to prevent or repel the unlawful phys
ical invasion of his property. This does not seem to involve the taking of human
life.
24

o Dissent of P v. Narvaez: in order to defend against the person, there must be


aggression not just against property rights but also against the person of the o
wner. o Correlate this with Art. 429 of the Civil code, or the doctrine of selfhelp. When is there sufficient provocation? o Provocation is sufficient if it is
sufficient to incite the person to attack. Is Art. 247 an absolutory cause? o Y
es. Because the only imposed penalty is destierro. And that this is more of protec
tion for the one who killed. o NOTE: differentiate Art. 247 from cases where Sel
f-defense under Art. 11 applies, even if the situation is the same (catching spo
use in sexual congress)
Ex. Husband caught wife in sexual congress. The wife, ca
ught, wanted to kill him, so he took the knife and killed his wife. The accused
arrived and saw his wife in the act of sexual intercourse. The paramour ran and
the wife dressed up. Gonzales went out. When he got back, he heard rustling leav
es. He saw the paramour and the wife, who was putting on her panties. He stabbed
his wife. Can the husband invoke 247? (P v. Gonzales)

o HELD: You cannot invoke 247 because at that time, she was already putting on h
er panties, not in actual sexual intercourse. (P v. Gonzales) o DISSENT: follow
this You are unfairly punishing him if we strictly apply the law. But what can y
ou deduce from the fact that she was wearing her panties from a naked state. It
is asking too much to actually catch them in the act of actual sexual congress.
Can one invoke Article 11 in Article 247 cases? o Suggestion: Husband also has r
ight to invoke his honor and defend it, so Art. 11 can be invoked by the one dis
covering the sexual congress. He can also invoke 247, obviously. o Prefer 11 ove
r 247, because the latter results in destierro. It is not a penalty, but a limit
ation of his liberty. Can you invoke Art. 247 if there is mistake of fact? o Yes
. Apply the Achong doctrine by analogy. o Example: The husband saw movement of b
uttocks, but the paramours penis hasnt entered his spouses vagina yet. Are the RPC
provisions applicable to VAWC? o Yes. Recall Art. 10: how RPC provisions apply s
uppletorily, unless provided otherwise. o Under RA 9262 (VAWC), Art 47: RPC provi
sions supplement the VAWC law.

o The VAWC law even uses RPC terms for penalties:


SPI: P.M.; LSPI: P.C., Slight
PI: A.M. What are the circumstances in P v. Genosa? o The SC recognized the Batt
ered Woman Syndrome. But there was no RA 9262 then yet so its still not an absolu
tory cause. o The SC did not appreciate ordinary selfdefense because the threat
to the womans life has already ceased. There was no more unlawful aggression. o B
ut the SC appreciated the following mitigating circumstances:
1. Passion and obf
uscation 2. Diminished will power What is the Battered Woman Defense under RA 92
62? o The Battered Woman Syndrome (BWS) is a justifying circumstance, notwithsta
nding absence of any requisites of self-defense. o The woman incurs neither crim
inal nor civil liability. o The defense is separate from and independent from se
lf-defense. Who is a battered woman? o One repeatedly subjected to forceful phys
ical or psychological behavior by a man with whom she has an intimate relationsh
ip with in order to coerce her to do something he wants.
25

o The cycle has to happen at least twice: 1. Tension-building phase, 2. Acute ba


ttering incident, 3. Tranquil, loving phase. What are the characteristics of the
BWS? o 1. The woman believes the violence was her fault o 2. inability to place
responsibility for the violence elsewhere o 3. She fears for her and her childr
ens lives o 4. Irrational belief that offender is omnipresent and omniscient What
are the requisites of defense of relative? o 1. Unlawful aggression o 2. Reason
able necessity of the means employed to prevent or repel it o 3. In case of prov
ocation given by the person attacked, the defender must have had no part therein
o Who are the relatives under this provision?
Spouse, ascendants, descendants,
legitimate, natural, and adopted siblings, or relatives by affinity within the s
ame degrees
Relatives by consanguinity until the fourth degree Anyone beyond thi
s enumeration: defense of stranger What are the requisites of defense of strange
rs? o 1. Unlawful aggression
26

o 2. Reasonable necessity of the means employed to prevent or repel it o 3. Pers


on defending is not motivated by revenge, resentment, or other evil motives What
are the requisites of state of necessity as a justifying circumstance (Art. 11,
par. 4)? o 1. The evil sought to be avoided actually exists o 2. The injury fea
red is greater than that done to avoid it o 3. There is no other practical and l
ess harmful means to prevent it o What if the party invoking state of necessity
is responsible for the peril?
Cannot invoke this defense. o What is the injury c
ontemplated under requisite number 2?
This is a broad concept. It can be against
property, liberty, etc. What is the rule on civil liability for acts in the sta
te of necessity? o Those who were benefited by the act performed are liable to t
hose to whom injury is caused. Note that this is a purely civil liability and do
es not arise from criminal liability. What are the requisites of lawful exercise
of right or duty (Article 11, par. 5)? o 1. Act out of duty or office o 2. Inju
ry caused is the consequence of the performance of that duty or right

What is the limitation on the performance of duties? o It must be exercised neit


her capriciously nor oppressively, and within reasonable limits. There must act
with sound discretion. o X was a deranged man who was already incapacitated by t
he police from doing further harm. Y, one of the policemen, seeing X lying on th
e ground, shot him further on the forehead. Can Y invoke performance of duty?
No
. The act performed was unreasonable and excessive. Can a policeman invoke SD an
d performance of duty at the same time? o Yes. o An example is when a policeman
saw one person about to shoot another. The policeman gave a warning and the offe
nder pointed the gun at the policeman. The policeman shot the offender. He was b
oth defending himself and performing his duty in preventing the other person fro
m being shot. What are the requisites of obedience to superior order? o 1. An or
der has been issued by a superior. o 2. The order is for a legal purpose o 3. Th
e means used to carry out the order were lawful
27
o What if the order is illegal? Cannot follow the order unless it is apparently
legal and the subordinate did not know it was actually illegal. Art. 12: exempti
ng circumstances What are the exempting circumstances? o 1. Imbecility or insani
ty o 2. Minority o 3. Accident o 4. Compulsion of irresistible force o 5. Impuls
e of uncontrollable fear o 6. Insuperable or lawful cause What are the character
istics of exempting circumstances? o The act is criminal, but the criminal is ex
empt from criminal Liability o But there is civil liability o The emphasis is th
e actor, not the act What is insanity? o There is a complete deprivation of inte
lligence in committing the act, and so there is complete absence of ability to d
iscern. o Not mere abnormality of mental faculties or mere frenzy due to anger.
When should insanity exist? o In the period immediately before or at the precise
moment of doing the act.

o His mental condition after doing the act is inconsequential. o Note that there
is a presumption of sanity and it must be disproved beyond reasonable doubt. Wh
at does it indicate when the actor surrendered to the police after committing th
e crime? o There is discernment because remorse is inconsistent with insanity Wh
at if the insanity occurs after the commission of the crime? o Refer to Art. 79,
which provides that one who becomes insane or imbecile after final sentence wil
l have the sentence suspended as to the personal penalty. He will only be senten
ced when reason is regained. What if there is no complete impairment or loss of
intelligence, and just a partial one? o It is just a mitigating circumstance: il
lness that would diminish exercise of will-power without depriving consciousness
of his acts o A common example is schizophrenia: there is no complete deprivati
on of intelligence, but there is difficulty distinguishing fantasy from reality
How is mental condition of an accused determined in trial? o The judge must orde
r the examination of the accused by a medical expert. The judge

cannot do it alone, because he is not an expert on this matter. Under RA 9344, h


ow are minors classified? o Children at risk are those vulnerable to and at the
risk of committing criminal offenses due to personal, familial, and social circu
mstances. o Children in conflict with the law are those accused of or adjudged a
s having committed criminal offenses. What are the benevolent features of RA 934
4? o Age 15 and below = age of absolute irresponsibility
Exempt from criminal li
ability
Subject to intervention program o Age over 15 and under 18 = criminally
liable only where there is discernment No liability if there is lack of discernm
ent. Also subject to intervention program.
Liable if there is discernment. Howev
er, he will under a diversion program. o Is the minor over 15 but below 18 actin
g with discernment still entitled to the privileged mitigating circumstance unde
r Article 68(2)? Yes. RA 9344 did not change this. What are the diversion progra
ms for those over 15 but below 18 acting with discernment?
28

o Note: these are without going through court proceedings o 1. When the penalty
of the crime is not over 6 years:
Crimes with victims: Diversion program before
law enforcement officer or punong barangay Involves mediation, family conferenci
ng, conciliation with child and parents/guardians
Crimes without victims:
Divers
ion program before the local DSWD officer, with child and parents/guardians o 2.
When the penalty of the crime exceeds 6 years: Diversion is before courts In ca
se the penalty is not more than 12 years or just a fine, the court can determine
whether diversion is appropriate or not o 3. If the offense does not fall under
any of the above or the child or parents/guardian does not consent to diversion
, the one handling the case forwards the records to the prosecutor or court with
in 3 days and then the case is filed according to regular process Can a child be
detained pending trial?
29

o Yes, but only as a last resort and only for the shortest possible period of ti
me. The authorities can resort to alternative measures such as close supervision
, intensive care, or placement with a family/educational setting. What is the ru
le on automatic suspension of sentence? o Children below 18 at the time of commi
ssion of the crime found guilty of the offense are placed under suspended senten
ce without need of application. The court then determines and imposes the approp
riate disposition measures afterwards. o What if the then-child is over 18 years
old upon the pronouncement of guilt?
It doesnt matter; there is still suspended
sentence. o What if the child reaches 18 while under suspended sentence? The cou
rt determines whether to:
1. Discharge the child 2. Order execution of sentence
3. Extend suspended sentence for a certain period, or until he reaches the maxim
um age of 21 o What if the child undergoes period of actual detention or commitm
ent? It will be credited in full. What is the provision on probation?

o Upon application at any time, the court can place the child on probation in li
eu of service of sentence. (This amended the Probation Law) What is a status off
ense and how is it treated under the law? o Any conduct which is not an offense
when committed by an adult will not be considered an offense and is thus not pun
ished if committed by a child. o Ex. curfew laws Did Ra 9344 retroact? o Yes, it
retroacted to pending cases and those minors already convicted. Under 9344, the
minor is still exempt from specific offenses even if he or she acted with disce
rnment. What are these? o 1. Vagrancy o 2. Prostitution o 3. Mendicancy o 4. Sni
ffing rugby o What happens?
These persons would undergo appropriate counseling a
nd treatment program. When is a child in conflict with the law subject to prelim
inary investigation and filing of information? o 1. Child does not qualify for d
iversion

o 2. Child or parents/guardians do not agree to diversion o 3. Prosecutor determ


ines that diversion is not appropriate for the child, considering assessment/rec
ommendation of the social worker Who are the minors disqualified from suspension
of sentence? o 1. One who once enjoyed suspension of sentence already o 2. Conv
icted for offense punishable by death or life imprisonment
Note: punishable need n
ot be actually punished especially since the death penalty has been abolished o Wh
at was the ground under PD 603 that was repealed by RA 9344? When the child is a
lready 18 upon promulgation of sentence. This is impliedly repealed by the provi
sion stating that under RA9344, the age of commission of the crime is the determ
ination of suspension of sentence, and not the age during promulgation of the ju
dgment. After suspension of sentence, what is the disposition order? o After sen
tence, the court sets disposition conference within 15 days from promulgation
30

Minor, parents/guardian, and social worker are present o Can issue:


1. Care, gui
dance, and supervision orders 2. Drug and alcohol rehab
3. Participation in grou
p counseling and the like 4. Commitment to youth rehab center of DSWD/other cent
ers When there is doubt if the person is a minor or not, what is the appropriate
proceeding? o There is presumption of minority. o File for summary proceeding i
n Family Court. What if the minor was alleged as a coconspirator? o The presumpt
ion of acting without discernment still applies. o Evidence of conspiracy does n
ot automatically mean the minor acted with discernment in the commission of the
crime. May the presumption still apply even if the allegation was reckless impru
dence under Art. 365? o Yes. (Jarco Marketing case) What is the definition of di
scernment? o When the minor is able to distinguish whether his act is moral or l
icit or not..

o The utterances of a minor and overt acts preceding crime, and nature of weapon
is evidence of discernment. S.C. AM 02-1-18: o If the minor committed a crime a
nd the time the law took effect, he was already 21, can he enjoy the benefit of
suspension of sentence If a minor is charged with a heinous crime punishable by
death or RP-death, is he entitled to suspension of conviction? o Yes. Ubi lex no
n distinguit, nec non distinguire debemos. What are the requisites of accident?
o 1. performing lawful act with due care o 2. causes injury to another o 3. with
out intent or negligence What if there is negligence? o Article 365 applies: qua
si-crime of reckless imprudence o Accident and negligence are mutually exclusive
. o What is the difference between accident and negligence?
Accident without fau
lt of the human being. Cannot be anticipated. Negligence when there is some degr
ee of fault in the person
31

o NOTE: Under Art. 365, the court will not consider Art. 13 and 14 in imposing t
he penalty because this crime is NOT intentional. What are the elements of irres
istible force? o 1. Force is physical and must come from an outside source o 2.
The accused acts not only without a will but even against his will, reduced to a
mere instrument o 3. The duress, force, fear, or intimidation present is immine
nt and impending, as to induce well-grounded fear of death or serious bodily inj
ury
Thus, the fear must not be speculative, fanciful, or imagined What are the e
lements of uncontrollable fear? o 1. Threat which caused the fear of an evil gre
ater than or equal to the act accused was required to commit o 2. The evil promi
sed was of such gravity and imminence that an ordinary man would succumb to it o
Ex. X is a hostage who decapitated his fellow hostage Y because their captors t
hreatened to kill X. What is an insuperable cause? o It applies to felonies by o
mission where the failure to do so is due to a lawful or insuperable cause.
32
o A common example is failure to comply with art. 125 of the number of hours whe
n a person arrested must be delivered to judicial authorities, when there is a l
ong holiday or the judicial offices are not open, or there is a calamity/acciden
t that met them. Art. 13: mitigating circumstances
What are the mitigating circu
mstances? o 1. Incomplete justifying and exempting circumstances o 2. Under 18 o
r over 70
Correlate with RA 9344 o 3. Praeter intentionem o 4. Sufficient provoc
ation or threat by the offended party preceded the act o 5. Proximate vindicatio
n of grave offense o 6. Passion or obfuscation o 7. Voluntary surrender or volun
tary confession prior to prosecutions presentation of evidence o 8. Physical defe
ct restricts means of action, defense, communication o 9. Illness diminishes wil
l-power without complete deprivation of consciousness o 10. Analogous circumstan
ces No similar provision for aggravating circumstances If the criminal is 80 yea
rs, is there a mitigating circumstance?

o P v. Austria 27 June 2000 the accused was charged with rape. He was already 83
years old. His defense was erectile dysfunction. He was convicted, but the SC a
pplied the old age as a mitigating circumstance. So far, this is the only case w
here this case was applied. Must mitigating circumstances be alleged in the info
rmation? o No. How are mitigating circumstances classified? o 1. Ordinary enumer
ated in Art. 13 and some SPLs
If there is one, penalty lowered to minimum period
If there are two or more ordinary mitigating circumstances, the penalty is lowe
red by one degree
Can be offset by generic aggravating circumstances Not conside
red when the penalty is a single indivisible penalty (i.e. only RP now) o 2. Pri
vileged
Lowers imposable penalty by one or more degrees
Cannot be offset by any
aggravating circumstance Even if the penalty is single and indivisible, it is im
posed
33
o 3. Specific applies to specific felonies
Ex. concealment of dishonor in case o
f abortion by pregnant woman Ordinary Privileged Specific Lower to Lower by one
or To specific minimum period more degree felonies only If 2 or more, lower by o
ne or more degree Can be offset by Cannot be offset ACs by ACs Cannot imposed in
divisible penalties
be Can be imposed on on indivisible penalties

In incomplete justifying and exempting circumstances, what are the requisites th


at must always be present? o 1. For self-defense, unlawful aggression o 2. For a
ccident, due care and lack of fault When is incomplete justifying or exempting c
ircumstance an ordinary mitigating circumstance? When is it a privileged mitigat
ing circumstance? o Ordinary if there is only one element or there is no majorit
y of required elements o Privileged if there is majority, but not all, of requir
ed elements

What is the nature of minority as a mitigating circumstance? o It is always a pr


ivileged mitigating circumstance o It applies to those over 15 but below 18 who
acted with discernment
reduce the penalty to the next lower penalty, in the prop
er period When can praeter intentionem not be invoked? o RA 8049 lack of intent
to commit so grave a wrong as committed CANNOT be invoked by accused in hazing i
ncidents. Can lack of intent to commit so grave a wrong as that committed be inv
oked in malversation? o YES. Ex. The petitioner was a municipal treasurer, and t
he audit team discovered he was short P72000 of funds. After a few months, he re
turned the money he borrowed. o Note: the SC also applied a mitigating circumstanc
e analogous to voluntary surrender in this case. What other rule must be taken i
nto account vis-vis praeter intentionem? o Art. 4(1) presumption that person inte
nds all the natural and logical consequences of his felony. o How to resolve: th
e means employed and the result must be so disparate that the result is not the
logical and natural consequence of the means
34

o Ex. X used a lead pipe to hit victim on the eyebrow, and the victim died. SC r
efused to apply the mitigating circumstance of lack of intent to commit so grave
a wrong as that committed. o P v. Pugay: (gasoline burning case) SC also applie
d Art. 13(3), because the intent was less than the material act committed. What
if two persons conspire to commit a felony, and one intended to commit the grave
wrong as that committed, while the other did not? o The conspirator who did not
intend to commit so grave a wrong as that committed cannot invoke the mitigatin
g circumstance. o BUT if both of them did not intend to commit so grave a wrong
as that committed, then both can invoke the mitigating circumstance. Can both tr
eachery and Art 13(3) be invoked together? o Yes. Treachery refers to the manner
or method used to kill the victim, while praeter intentionem refers to the stat
e of mind of the person. They may co-exist. Can praeter intentionem be invoked f
or culpable felonies? o No. Obviously intentionem requires intent in the first pla
ce, just that the intent did not match the result. What are the elements of suff
icient provocation?

o 1. Sufficient
Merely shouting at the accused and asking the latter to leave is
NOT proportionate to the latter killing the former. Need not constitute unlawfu
l aggression under Art. 11; the threshold here is lower.
Need not be put in word
s; can be in action. Ex. entering anothers property and then starting to gather t
he latters crops. o 2. Immediately preceding the commission of the crime
This act
ually means immediate, not like grave vindication which just requires proximity o
3. Originate from the offended party If provocation and passion/obfuscation are
based on the same facts, is the accused entitled to two separate mitigating circ
umstances or only one? o Only one. The accused is only entitled to only one miti
gating circumstance, because both are based on the same facts. o Same rule betwe
en vindication of grave offense and sufficient provocation. What is immediate in im
mediate vindication of grave offense?
35

o Proximity. It need not immediately precede the act, but there must be no lapse
of sufficient time. o How sufficient is sufficient time?
If there was only a ga
p of 30 minutes, still okay. P v. Palabrica: 1 day lapse is not okay.
P v. Ignas
: only said hours still okay. What is grave offense? o Grave offense in this provisio
is different from grave offense under Art. 9. Grave offense under this provisio
n might not even be a felony at all. It usually is an assault to honor. o When i
s an offense grave? 1. Determine social standing of parties
2. Determine place a
nd time and occasion when offense committed o Grave offense even includes an ins
ult You are living at the expense of your wife! appreciated as grave offense o In
a case, hitting someone with a bamboo stick is not a grave offense. Xs son eloped
with Ys daughter. At that time, it was really deemed a dishonor. Y looked for hi
s daughter for three days. Y sought revenge against Xs son and killed him. Is thi
s vindication of grave offense? (P v. Diokno)

o The SC said that it was. Even if three days lapsed, the act of elopement was d
eemed continuous, and the effect was still there. o NOTE: This case may be a pro
duct of its time. Now, this situation is pretty ordinary already. So this case m
ay be archaic already. What is necessary for passion or obfuscation to be consid
ered? o It must arise from lawful sentiments of the accused. The offended party
must have done an act unlawful and sufficient to excite passion or obfuscation o
It must not come from lawlessness or revenge, or an illegitimate relationship
B
ello: EXCEPTION. He lived with common law wife for 10 years. Bello supported her
for 10 years. After, the common law wife wanted out, and wanted to live with an
other man. Bello killed her. Eh wala ka namang ibubuga talaga eh. SC HELD: Passion
and obfuscation. Although the relationship was illegitimate, nevertheless, the
victim was ungrateful. How much lapse of time is allowed for passion and obfusca
tion to be appreciated? o P v. Ventura: Although passion and obfuscation may ari
se from jealousy, since

there was a lapse of 1 week, accused was expected to recover his equanimity. Can
vindication of grave offense co-exist with passion or obfuscation? o No. If the
y arise from the same facts, only one will be appreciated. Can treachery co-exis
t with passion or obfuscation? o No. Treachery CANNOT co-exist with passion and
obfuscation. When a person acts with passion or obfuscation, he loses his reason
and self-control, which is inconsistent with treachery, because one who acts wi
th treachery presupposes that he adopted a mode of attack of killing the victim.
o Contra: treachery can co-exist with praeter intentionem What are the elements
of voluntary surrender? o 1. Offender surrendered to a person in authority or h
is agent o 2. Offender surrendered before arrest is effected o 3. Surrender is v
oluntary, i.e., spontaneous and coming from intent to acknowledge guilt and save
time/resources of authorities o 4. No pending warrant of arrest or information
filed What is the most important element of voluntary surrender?
36

o The spontaneity of such and intent to give up and unconditionally surrender to


authorities. How has this provision been applied by analogy by the SC? o Navalo
s v. P: Before being charged of malersation, the accused returned the amount, he
was deemed to have voluntarily surrendered analogous. The return of the money mus
t be spontaneous. What are the requisites of voluntary plea of guilt? o 1. Made
in open court o 2. Spontaneous and unconditional o 3. Prior to presentation of e
vidence by the prosecution Does this include extra-judicial confessions? o No. M
ay voluntary plea of guilt and voluntary surrender both be considered in one cas
e? o Yes. They are two separate and distinct circumstances not arising from the
same facts. The offended party is entitled to two mitigating circumstances. What
is the character of the plea of guilty? o It must be unconditional and the accu
sed must admit to the offense charged. What is relevant for the mitigating circu
mstance of physical defects and illness? o The defect or illness must relate to
the offense charged, because the defect must have
37

restricted his means of action, defense, or communication with his fellow human
beings. o Ex. rape committed by a deaf and dumb man on the girl of his dreams to
whom he cannot convey his feelings to o But not when it was committed by a man
with a severed left hand, because it does not limit his means of action, defense
, or communication What is necessary for illness that diminishes willpower of th
e accused? o It must only diminish and not deprive the offender of the conscious
ness of his acts; otherwise, it is an exempting circumstance What are NOT exampl
es of analogous mitigating circumstances? o 1. Being part of a minority group o
2. Extreme poverty o 3. Abberatio ictus o 4. Mistake in identitiy What are some
examples of analogous mitigating circumstances? o 1. Mitigated mental capacity o
f a battered woman (decided pre-RA 9262) o 2. Voluntary return of stolen goods W
hat are the aggravating circumstances? o 1. Advantage of public position
Art. 14: aggravating circumstances

o 2. In contempt of or with insult to public authorities o 3. With insult or dis


regard of rank, age, or sex, or in the dwelling of the offended party, if the la
tter did not provoke o 4. Abuse of confidence or obvious ungratefulness o 5. Com
mitted in the palace of the Chief Executive, or in his presence, or where public
authorities are discharging their duties, or in a place of religious worship o
6. Nighttime, or in an uninhabited place, or by a band o 7. Committed during a c
onflagration, shipwreck, earthquake, epidemic, or calamity o 8. With aid of arme
d men or persons who insure/afford impunity o 9. Recidivism o 10. Reiteracion o
11. Price, reward, or promise o 12. By means of inundation, fire, poison, explos
ion, stranding of a vessel, derailment of locomotive, use of any artifice involv
ing waste and ruin o 13. Evident premeditation o 14. Craft, fraud, or disguise o
15. Superior strength or means employed to weaken the defense o 16. Treachery
38

o 17. Ignominy o 18. Committed after unlawful entry o 19. Committed after breaki
ng through a wall, roof, floor, door, or window o 20. With aid of persons under
15 years old, or motor vehicles o 21. Cruelty Compare with mitigating circumstan
ces: o This list is exclusive, whereas in mitigating circumstances, there are an
alogous circumstances allowed o Aggravating circumstances must be alleged in the
information, mitigating circumstances need not (since theyre matters of defense)
What are the types of aggravating circumstances? o 1. Generic aggravating
Apply
generally to all crimes Can be offset by ordinary mitigating circumstances
Incr
eases penalty to maximum period Are additional rapes or killing in the case of r
obbery with rape or robbery with homicide, for instances, aggravating? No, its no
t enumerated under law as such. Its an anomalous situation, but doubt is resolved
in favor of the accused.

P v. Hipol: The malversed amount was so huge, that the Sol. Gen said that the cr
ime was already economic sabotage and must be considered an aggravating circumst
ance. SC: There is no such aggravating circumstance as economic sabotage. No mat
ter how huge the amount is, it is not aggravating o 2. Qualifying circumstances
Cannot be offset by any mitigating circumstance Changes nature of crime
Must be
alleged in the Information as such new offense No need to increase the penalty b
ecause the change in the crime itself has changed the penalty as well to a highe
r one
Can qualifying circumstances not alleged in the information but proved in
trial be appreciated as generic aggravating circumstances? No, due to the amendm
ent in Criminal Procedure
X was charged with homicide with the generic aggravati
ng circumstance of treachery. Can the trial court find him liable for murder?

No, treachery was alleged as a general aggravating and not a qualifying circumst
ance.
How many circumstances are needed to qualify an offense? Just one. The res
t become generic aggravating circumstances. o 3. Special or specific aggravating
circumstances Apply to specific felonies; found outside Art. 14 o 4. Inherent c
ircumstances Those already integral to the crime and thus cannot aggravate the p
enalty Ex. In the crime of falsification of document by public authority, then ab
use of public position is deemed inherent. Same with malversation and other crime
s by public officers. What is the special aggravating circumstance introduced by
RA 7659? o Committed by an organized/syndicated group impose maximum penalty if
the offense was committed by any person belonging to an organized or syndicated
crime group (2 or more persons collaborating or mutually helping one another fo
r purposes of gain in the commission of the crime)

39

What are the special aggravating circumstances introduced by RA 8353, Article 26


6-B? o See crimes against persons: ex. victim is under 18 and rapist is relative
, gave victim AIDS, committed by AFP/PNP, etc. When is this present? o When the
public official uses the influence, prestige, and ascendancy of his office to re
alize the purpose. o Tests under case law:
1. Offense is in relation to his offi
ce 2. He cannot commit the offense without holding such public office o Ex. jail
guard who was able to use his position to kill an inmate When does advantage of
public position not apply? o Does not apply if the public position is a constit
uent element of the crime; o Examples:
Crimes committed by public officers
Inher
ent in the crime of falsification by a public officer of a public document If th
e public officer could have committed the crime anyway without the use of public
position, it is not aggravating.
Art. 14(1) advantage of public position

o P v. Tabeon: If the accused given a gun by the government by virtue of his pos
ition uses that gun to commit homicide, the use of that gun is an aggravating ci
rcumstance. He could not have used that gun unless he was a public officer. o Bu
t see P v. Villamor: Where Villamor used a gun officially issued to him by virtu
e of office use of that gun was not an abuse of public position. This is contrar
y to Tabeon. o N.B. The later decision is Villamor, but Justice Callejo agrees w
ith Tabeon. Follow Villamor, though, Two policemen were in the police car. They
stopped and ordered a girl to enter the car. One policeman stole the watch and w
allet of the girl. The policeman driving did not say anything. Both were held li
able for robbery. Did the aggravating circumstance of taking advantage of public
position apply even to the driver of the car? o Yes. He could have prevented th
e other policeman from robbing the siblings. But he did not. This was abuse of p
ublic position. Is this a generic or special aggravating circumstance? o The use
of ones public position in the commission of a crime is a special aggravating ci
rcumstance. (RA 7659, Sec. 23)
40

o Thus, it cannot be offset by generic mitigating circumstances. Art 14(2) with


contempt of or in insult of public authority
What are the requisites of contempt
/insult of public authority? o 1. crime committed o 2. person in authority engag
ed in exercise of public position o 3. offender knew he was a person in authorit
y o 4. victim is NOT a person in authority A barangay captain was playing cards
with some people. The accused shot him. Does this provision apply? o No. First,
the person in authority must NOT be the victim per se, and second, he was not pe
rforming his duty at that time. He was playing cards. o What if the crime was co
mmitted against the person in authority? Then it is direct assault. This aggrava
ting circumstance does not apply. What if the crime was only committed in the pr
esence of an agent of a person in authority? o This provision does not apply. o
Ex. If in the presence of a policeman, not aggravating because the policeman is
only an agent of a person in authority.
41

Supposing a crime is committed in the presence of a professor while the latter w


as performing his duty? o This is not aggravated. A teacher or professor is only
a person in authority under Art. 148 and 152 of the RPC (direct assault). Is th
ere an exception? o RA 9165 a teacher or professor is a person in authority for
the purpose of enforcement of the DDA. o If you smoke marijuana in the presence
of a professor, the professor is a person in authority. In the national penitent
iary, sometimes the inmates feel bored and they kill each other. Is this aggrava
ting? o Yes. Where the inmates killed another in the National Penitentiary, this
was in contempt of public authority. What is required for this aggravating circ
umstance to apply? o There must be deliberate intent to insult or show manifest
disregard for the age, rank, sex. Not merely because the victim is a female or h
as a rank, this A.C. applies. Can this coincide with passion and obfuscation?
Art. 14(3a) insult to age, rank, sex

o No, because the offender must have deliberately intended to offend or insult t
he offended. The accused was conversing with the barangay captain and the former
killed the latter. May the A.C. of rank apply? o No. The mere fact that victim wa
s a person with a rank, such as barangay captain does not necessarily mean its ag
gravating, absent evidence that the killing was deliberately intended to disrega
rd or insult or threaten to insult the rank of the victim. What are further cons
iderations for circumstance of rank? o The charge must not include rank as an el
ement. If the accused was charged with complex crime of direct assault of PIA wi
th murder then the AC cannot be appreciated because it is inherent. o If the cha
rge was just murder, then the AC applies. When is the A.C. of sex not applicable?
o 1. If the accused acted with passion or obfuscation, o 2. when there is an amo
rous relationship between the accused and the victim, o 3. When there is a relat
ionship of employeremployee,

o 4. When the sex of the victim is inherent in the crime, A 20-year-old man rape
d an 80-year-old woman. The victim was the teacher of the accused in grade 1. Ke
y fact: victim was already retired! Does insult to rank apply? o Yes. The Fact t
hat the offended party was already retired did not diminish the respect due her
rank as his former teacher. Do these this apply to crimes against property? o No
. Not aggravating in crimes against property. o Examples of where insult to rank
, age, sex does not apply:
Robbery
Robbery with homicide since here, the homicid
e was merely an incident to robbery
[NOTE: the Escote doctrine applies to treach
ery, not here.] Is insult to rank, age, sex absorbed by treachery? o No. The agg
ravating circumstances of age and sex cannot be absorbed by treachery. Treachery
pertains to manner of commission. Insult to age, rank, sex refers to relationsh
ip. o Ex. The accused murdered a child 3 days old. The SC appreciated the A.C. o
f age in convicting the accused of murder. Also
42

treacherous since the child cannot defend himself. o But see P v. Malolot: Accus
ed hacked to death an 11 month old child. SC HELD: A.C. of age of victim DOES NO
T apply, because it was absorbed by treachery. (Justice Callejo does not agree w
ith this case. But Malolot might be prevailing, being the newer case). Art 14(3b
) dwelling
Does dwelling apply when both parties live in the same house? o Gener
ally, it is not aggravating. o Victim was stay-in laundrywoman, but it was not h
er house. The killer was the houseboy, who also lived that house. The laundrywom
an had her personal room, and the houseboy had his as well. Is dwelling aggravat
ing? Yes. Although the offender and offended lived in the same house, the crime
is aggravated by dwelling, because the room was deemed a dwelling, notwithstandi
ng being in the same house.
Each room although located in the same house is cons
idered a dwelling separate and independent of the adjacent rooms. What is consid
ered as dwelling?
43

o Includes every dependency of the house and every integral part of the house. I
ncludes staircase, enclosure under the house, and the terrace.
If the person is
stepping on the first rung of stairs, then it is dwelling. But if he has yet to
step, not yet. o To be considered as dwelling, it must be used exclusively for r
est and comfort. Ex. the victim owns a building consisting of two floors: ground
floor is video shop and 2nd floor is residence. The victim was killed in the vi
deo shop. Here, dwelling does not apply. The video shop is not exclusively for r
est and comfort, even if in the same building. What if the person is a squatter?
o Dwelling still applies. The law does not make any distinction as to the valid
ity of title over the property. What if the land is enclosed with a fence and th
e person is outside the house but inside the fence? o Dwelling does not apply. W
hen does dwelling not apply? o If the victim gave sufficient provocation. o What
are the elements of sufficient provocation?
1. Offended party gives provocation
2. The provocation is sufficient

3. The provocation is immediately before the crime Does the offender have to act
ually enter the house? o No. The law does not require that the offender must als
o be in the house. The offender can shoot from outside the house and kill a pers
on inside it is still considered as dwelling, Does dwelling apply in robbery? o
Distinguish: o Dwelling is aggravating in robbery with homicide or robbery with
intimidation of persons. o However, in robbery with force upon things, dwelling
is inherent in the crime. Is dwelling aggravating in arson? o No. (PD 1613) A pe
rson dies inside a building burned on purpose. When is it homicide, and when is
it arson? o Intent determines: o 1. If the intent is to burn the house, then the
burning is arson even if a person dies. Homicide is absorbed. o 2. If the inten
t is to kill the person and the burning was the means employed to commit the cri
me, it is homicide. o 3. If the intent is to kill the person, and the house is b
urned to cover up the crime, then it
44

is homicide and arson as separate crimes. There is no special complex crime of h


omicide with arson. Art 14(4) ungratefulness
abuse of confidence or obvious

What are the elements of abuse of confidence? o 1. Offended party reposed trust
and confidence to offender o 2. Offender abused this trust and confidence What m
ust be the character of the confidence reposed? o The confidence must be IMMEDIA
TE AND PERSONAL such that it gives the accused some advantage and makes it easie
r to commit the crime. o Ex. The mother of the victim had a common law husband,
whom the victim called papa. Papa raped the daughter. This was abuse of confidence,
even if the relationship between the mom and papa was illicit. What are contemplat
ed here? o 1. Committed in palace of Chief Executive o 2. Committed in the prese
nce of Chief Executive o 3. Committed in place where public officers are dischar
ging duties o 4. Committed in place of worship
Art. 14(5) committed in a place of worship

o Distinguish 1, 2, and 4 from 3:


For palace, presence of CE, and place of worsh
ip it is enough that the offense was committed in that place For public officers
in discharge of their duties, it is necessary that the performance of function
is being done How will this aggravating circumstance of place of worship (and th
e like) apply? o There must be intent from the outset to commit the crime inside
the place of worship. Here, the accused did not intend to commit the crime insi
de the church (she did not expect the man to touch her thigh). If all three are
present, are these separate aggravating circumstances or only one? o General rul
e: only one applies. o Exception: These may be considered separate and distinct
if their elements are distinctly perceived and can subsist independently of each
other, revealing greater perversity. What are the tests of night time? o Subjec
tive test when night time was sought purposely to commit the crime. o Objective
test when nighttime facilitated the commission of the crime
45

Art. 14(6) night time, uninhabited place, or by a band

o N.B. The subjective and objective tests are alternative. They need not concur.
Either tests application is sufficient. o It is not enough that the crime was co
mmitted in night time. There must be evidence that night time was sought for, or
the nocturnity facilitated the commission of the offense What if the moon is sh
ining brightly or there is a streetlamp illuminating the event? o Then nighttime
is not appreciable. When is nighttime absorbed by treachery? o If it is part of
the treacherous means to insure execution of the crime. Otherwise, it is separa
tely appreciated. What determines if the crime was committed in an uninhabited p
lace (despoblado)? o It is not the distance, but the possibility or impossibilit
y of immediate aid to be obtained. The more important consideration is if the co
mmission of the crime makes it possible for the victim to receive aid. o Ex. The
distance is not so great, but one has to climb up a hill to reach the house to
render aid. There is despoblado. What is the burden of the prosecution? o Prosec
ution must prove that the accused chose the remoteness of the place to aid the c
ommission of the crime, or to conceal the commission of the crime.

When is there a band? o More than three armed malefactors (at least four). o Mus
t all of them be armed?
Yes. What is the test for armament? o Any weapon which,
by reason of its intrinsic nature or purpose, is capable of inflicting serious o
r fatal injuries. What is the character of participation of the four malefactors
? o The four armed persons contemplated in the law must be principals by direct
participation for band to be considered. They must act together in the execution
of the crime. There were four accused, and it was alleged that they composed a
band, in the information. Two were acquitted. Is there crime by a band? o Band i
s still subsistent even if two were acquitted. o DISSENT: No band. What is the c
haracteristic of crime by a band? o Merely generic. (Ex. robbery with rape, robb
ery with homicide, physical injuries, etc.) This means that this can be offset b
y a generic MC. o Contrast: Art. 266-B if rape is committed by 2 or more persons
, the offender is sentenced

from RP to death (special aggravating circumstance). When is crime by a band a q


ualifying circumstance, and not just a generic aggravating circumstance? o Only
Article 294, pars. 3 to 5. This is robbery with violation against persons. o Rec
all:
Par 1: with homicide
band is aggravating
Par 2: with rape, intentional muti
lation, and lesiones graves resulting into blindness, impotency, imbecility, or
insanity aggravating
Par 3 to 5: other kinds of robbery with violence against pe
rsons
band is qualifying To what situations does this apply to? o Conflagration,
shipwreck, earthquake, epidemic o And other calamities and misfortunes
These mu
st be similar to the abovementioned, so it cannot refer to acts of men Distinguish
from Art. 14(12):
Art. 14(7) calamity or misfortune

46

o That refers to means of committing the crime. This provision refers to crime c
ommitted on the occasion of calamity or misfortune. Art. 14(8) with aid of armed
men
Requisites for aid of armed men? o 1. Armed men or persons took part in the
commission of the crime directly or indirectly o 2. Accused availed himself of
aid of such men or relied upon them when the crime was committed The armed men a
re accomplices who take part in a minor capacity, directly or indirectly. What i
f there is a conspiracy with the armed men? o There should not be any conspiracy
or the armed men must not be principals. Armed men Accomplices At least persons
two Organized crime syndicate

Band All are principals


At least 4 armed Number men immaterial Crimes specified not Crimes specified
not Crimes are for gain

Art 14(9, 10) recidivism, reiteracion


y? o 1. Recidivism o 2. Reiteracion
47

What are the different forms of habitualit

o 3. Habitual delinquency o 4. Quasi-recidivism Who is a recidivist? o Elements:


1. During trial for one crime
2. Has been previously convicted
3. By final judg
ment 4. Of another crime under the same title in the RPC o Important things to n
ote: At least two convictions one preceding the other, and the preceding one mus
t have final judgment already
Both offenses must fall under the same title in th
e RPC No specific period between convictions required o What if the first offens
e is pardoned? Still a recidivist because only the effects of the crime were ext
inguished by pardon, not the existence of the crime What is the nature of recidi
vism? o Generic aggravating circumstance What is reiteracion? o Elements:
1. The
offender has previously been punished (has served sentence) 2. First offense mu
st have had a greater or equal penalty;

3. Or two or more prior offenses with lighter penalty o Do they have to fall und
er the same title of the code?
No. Recidivism Reiteracion service of Previous co
nviction by final Previous judgment sentence

Under same title of the No need to be under same RPC title No requirement as to
One crime or greater penalty in prior conviction penalty or at least two crimes
of lesser penalty
What is habitual delinquency? o Elements:
1. Within a period o
f 10 years from date of release or last conviction 2. For falsification, robbery
, estafa, theft, serious or less serious physical injuries (FRETSeL)
3. Found gu
ilty of said crimes a third time or oftener o What is the nature of habitual del
inquency?
It is special aggravating circumstance, which imposes an additional pe
nalty (not just increase) which escalates with the number of convictions. Thus t
here
48

will be two penalties: for the crime and for the habitual delinquency.
As such,
this cannot be offset by mitigating circumstances o Important things:
At least 2
convictions The third conviction must be within 10 years from the second convic
tion. The 10 year period is counted from the date of release if he had been rele
ased when against convicted. o Can one be a recidivist and a habitual offender a
t the same time?
Yes, if he is convicted a third time for crimes of estafa, robb
ery, or theft which are within Title X of the RPC, or for serious and less serio
us physical injuries which are both within Title VIII of the RPC. What is quasirecividism? o Elements:
1. Offender previously convicted by final judgment 2. Be
fore beginning to serve such sentence, or while serving it, he commits a felony
o What is the nature of quasi-recividism?
It is a special aggravating circumstan
ce which must be alleged in the information

Cannot be offset by ordinary mitigating circumstances o Effect:


Penalize convict
with maximum period for the new felony committed o What if during service of fi
rst conviction, he reaches 70 years old or he completes service of the first con
viction after 70? He is pardoned, unless he is a habitual criminal or his conduc
t/circumstances show he is unworthy of pardon Art 14(11) price, reward, or promi
se
What must be given as price, reward, or promise? o Need not be money. When do
es this aggravating circumstance apply? o But the inducement MUST be the primary
consideration by the principal by direct participation. If the offer is accepte
d, does the AC apply to both offeror and offeree? o YES. Both of them. Take note
of COMADRE and MALNGAN (very important cases) Under RA 8294, when does the use
of unlawfully manufactured, acquired, or possessed explosives aggravate?

o If used to commit ANY of the crimes in the RPC and it results to injury or dea
th of any person, it is an aggravating circumstance o Except in furtherance of p
olitical crimes, which absorbs the use of explosives o N.B. contrast this with i
llegally possessed firearms, which only aggravates murder or homicide When do th
ese circumstances cease becoming generic aggravating circumstances? o 1. When it
is a crime in itself o 2. When it is a means included in defining a crime What
are the elements of evident premeditation? o 1. Proof of time when the accused c
ame up with the determination to commit the crime o 2. Overt act by accused show
ing he determined to commit the crime and that he clung to that determination. o
3. Lapse of time between the determination and decision to carry it out. What i
s the essence of this aggravating circumstance? o Precedence of cool thought and
reflection How much time must elapse?
Art 14(13) evident premeditation

Art 14(12) explosives, poison, fire, etc.

49

o The law does not give a formula. Each case must be resolved on the extent of e
ach factual circumstance. o P v. Beltran: There was only a lapse of two hours fr
om the decision to commit the crime and the actual commission of the crime. o Wa
s there evident premeditation when one wanted to kill X but he killed Y instead?
No. Because he did not intend to kill the other guy.
But if one decided to kill
any Ilocano or anybody he encounters and he does, this AC applies.
So the test is
what the initial plan was (whether it involved a specific person or group) and
whether the execution matched the plan. When is evident premeditation inherent?
o Evident premeditation is inherent in every specific intent felony. o Examples:
Kidnapping
Robbery
Estafa (intent to gain)
Piracy in Phil. Waters When is there
evident premeditation in robbery with homicide, and when is there none?

o If in addition to the crime of robbery, the accused intended to kill a person,


evident premeditation is aggravating. o If he had no plan to kill a person, but
he ends up killing a person in the house who put up resistance, there is no evi
dent premeditation. Does evident premeditation apply to conspiracy? o If two or
more persons conspire to commit a crime, and they decide to commit it, there may
be evident premeditation if the conspiracy allowed the conspirators to ponder u
pon and reflect on their decision to commit a felony. o Differentiate:
1. instan
t conspiracy: has no evident premeditation 2. non-instant conspiracy: time to re
flect Distinguish: o 1. Craft cunning or intellectual trickery to carry out the
evil design o 2. Fraud deceit, insidious words and machinations o 3. Disguise co
ncealment of identity What is the relationship of these with treachery? o Treach
ery absorbs these. Craft and fraud may be aggravating in robbery with homicide,
where the accused induced the victim to
Art. 14(14) craft, fraud, or disguise

50

take them where the cows they supposedly wanted to buy are found. But they ended
up killing the victim. o HELD: Aggravated by craft. Used intellectual trickery.
Art 14(15) superior strength
When is there superior strength? o Offenders inten
tionally employ disproportionate force to the means of defense available to the
offended party Four accused were armed with a knife. One killed the victim, but
there was conspiracy. Only one was armed. Does superior strength apply? o Yes, s
till superior strength, because the victim was unarmed. Does superior strength a
pply in parricide? o No, do not consider abuse of superior strength in parricide
. It is generally accepted that the husband is physically stronger than the wife
. What happens when an aggravating circumstance is absorbed by another? o It los
es its juridical existence. o What is the relationship between treachery and abu
se of superior strength? Generally, abuse of superior strength is absorbed by tr
eachery. Abuse of superior strength then loses its juridical existence
o Can superior strength in this case offset a mitigating circumstance?
No becaus
e it already lost its juridical existence. Art 14(16) treachery For treachery to
exist either as a generic aggravating or qualifying circumstance, what two cond
itions must apply? o 1. Employment or means, manner, or method of execution that
would ensure the safety of the offender from any defense or retaliation of the
offended party o 2. Deliberate act of the offender or conscious choice of the me
ans, manner, or method of execution
Shown through a) prior conduct of the offend
er; b) relationship of the parties; c) nature of the killing May treachery be co
nsidered in carnapping with killing of a person? o No. Treachery is not aggravat
ing in qualified carnapping. Carnapping is a crime against property, so treacher
y is NOT aggravating. (As held in a case) o Is this still true today?
NOT ANYMOR
E. Take note of P. v. ESCOTE (see discussion below), which

51

appreciated treachery in robbery with homicide.


P v. Escote o Take note that bef
ore this case, the SC has always been divided whether treachery can apply to rob
bery with homicide. Those who say no say that it cant apply because robbery with
homicide, which is a crime against property. o But here, J. Callejo decided to c
ite Spanish SC decisions, stating that treachery may aggravate the homicide part
of that special complex crime. So treachery applies. o Why not qualifying?
The
crime of robbery with homicide is a unique crime in the sense that there can be
no robbery with murder. Homicide is always used as a generic term, even if the s
econd component is actually murder. And even if the homicide was actually just o
ut of negligence, it can still be robbery with homicide. Is treachery qualifying
in special complex crime of kidnapping with murder? o Yes. If the victim of kid
napping is killed with treachery, it is a special complex crime of kidnapping wi
th murder. o So treachery can apply, under the Escote rule.
52

Does suddenness of attack per se prove treachery? o No, Mere suddenness of the a
ttack does not by itself suggest treachery, unless the offender used the suddenn
ess of the attack as means or method to ensure success of strike. o Chance attac
ks or crimes done in the spur of the moment, or those preceded by heated alterca
tion, are NOT treacherous May treachery be considered if the wrongful act done b
e different from that intended by the offender? o Treachery is present even if t
he victim killed is different the one intended to be killed (because what only m
atters is the means of killing). o Treachery may be present in aberratio ictus o
r error in personae, again because it is not the intent but the means/method tha
t matters. What is the nature of killing by poisoning? o Treachery is inherent i
n killing by poisoning. If the offender poisoned the victim, treachery is inhere
nt. What is ignominy? o Circumstance pertaining to a moral order which adds disg
race or obloquy to the material injury caused to the offended party and tends to
make the crime more humiliating

Art 14(17) ignominy

Examples of ignominy: o 1. The accused lighted a cigarette on the pubic area of


the victim which caused blisters. o 2. When the accused focused his flashlight o
n the genitals of the offended party, and he examined it before he raped her in
front of her father. o 3. Raped victim before her betrothed o 4. Asking her to p
resent her full nakedness before raping her In the Bacule and Sailan cases, wher
e respectively, the rapist tied a banana fiber around his penis before the rape,
or when the rapist raped the victim dog-style, there was ignominy. Does this st
ill apply? o No, these must be modified. Art. 266-A of RPC: Decisions in Bacule
and Sailan are now amended. These are now acts of sexual assault. The accused af
ter killing the victim cut off the left leg and took the flesh from the legs and
shoulders of the victim. Is this ignominy? o No, because the victim was already
dead. When is there unlawful entry? o When an entrance is through a way not int
ended for such purpose o Must be for purposes of entry and not escape
53

When is it inherent? o 1. Trespass o 2. Robbery with force upon things


Art 14(20) with aid of minors under 15 years of age/motor vehicles
Is the minor
himself liable? o No. Remember RA 9344 a minor under 15 is absolutely exempt fro
m liability o So if he assists, then the minor is completely exempt from liabili
ty But the same is still an aggravating circumstance for the offender of legal a
ge. When is use of motorized means of conveyance aggravating? o When the motor v
ehicle was purposely used to facilitate the commission of the offense o Not when
used to escape What is cruelty? o Unnecessary physical pain in the commission o
f the crime What is the test? o Whether the accused deliberately and despicably
augmented the wrong committed by him by causing another wrong not necessary for
its commission, or inhumanly increasing the suffering of the victim, slowly and
gradually

Art 14(21) Cruelty

Art 14(18-19) unlawful entry or breaking in

Does the number of wounds per se determine cruelty? o No. It is the deliberate a
ct of committing the crime to cause unnecessary pain, not number of wounds. o Ex
. 20 wounds inflicted rapidly is usually not cruelty o Ex. 20 wounds excruciatin
gly inflicted, where the person savored the act, can be cruelty There can be no
crime of robbery with multiple homicide, regardless of the number of victims. Bu
t supposing for this reason of robbery, two are killed, can we not consider the
2nd killing as an aggravating circumstance analogous to cruelty? o No. Notwithst
anding how many people he killed, there is no aggravating circumstance. o The re
ason is simple: it is not among those listed in Art. 14.
contrary, the positive finding for drugs shall be considered an aggravating circ
umstance. R.A. 8294
P v. Comadre Justice Tinga said that 8294 amended Art 14(12)
, because usage of illegally possessed firearms becomes an aggravating circumsta
nce. Tinga: if the person is in lawful possession of the explosives, then he uses
it, it is QUALIFYING to murder. Dissent of Callejo: o Its absurd! If illegally po
ssessed only aggravating. If legally possessed qualified to murder! This is unju
st. o Use of an unlicensed explosive is AGGRAVATING. Because it says any crime i
n the RPC. So that should include murder. It shouldnt be qualifying. If unlicense
d firearm is used to commit murder or homicide, it is merely an aggravating circ
umstance. But what kind? Is it generic or special AC? o It is a special AC, not
merely generic. So there can be no offset. Does illegal possession aggravate att
empted or frustrated homicide or murder? o No. The law says homicide or murder.
It must be consummated. If the crime is merely attempted or frustrated, the AC d
oes not apply.

Special laws relating to aggravating circumstances R.A. 9165


Supposing the accus
ed was under the influence of drugs and then he killed a person, may the killing
by that person under the influence of drugs be considered an aggravating circum
stance in the commission of the crime? o Yes. Under R.A. 9165, sec. 25 notwithst
anding provisions of law to the

54

Under 8294, if one uses an unlicensed firearm to commit a crime other than homic
ide or murder, then the use of the unlicensed arm is neither a separate crime no
r an AC. BUT that person must be convicted for that other crime, before the usag
e of an unlicensed firearm can be considered as either a separate crime or an AC
. Does illegal possession of unlicensed firearm aggravate robbery with homicide?
o No. The law is clear: only murder or homicide. (Although there are SC decisio
ns to the contrary.) Do the words homicide and murder include parricide and infa
nticide? Or should it be read strictly? o P v. Mendoza murder is used in its gen
eric term. It therefore include parricide or infanticide, as the case may be. o
But one can argue that since the law only mentions these two crimes, under pro r
eo, then it must be construed in favor of the victim. There is security guard of
an agency. The agency has license to possess firearm, but the guard does not. T
he security guard used the gun to commit murder. Is it AC? o Yes, it is. Even if
the employer was licensed but the guard had no license to possess that firearm,
then RA 8294 applies.

An accused committed double murder (complex crime). He used an unlicensed firear


m. Is it special AC? o It should be. The law does not distinguish whether it is
simple or complex. But there is no case yet. When the accused raped the victim i
n the presence of her parents and husband, there was aggravating circumstance of
adding ignominy. Is this still applicable?? o Not anymore. In RA 8353, it is a
SPECIAL QUALIFYING circumstance. (under the enumeration) R.A. 8353 is found in A
rt. 266-B of the RPC. The crime of simple rape becomes qualified becomes penalty
of RP to death. Did R.A. 8353 amend Art 14 of the RPC? o Not really. o In Art 2
66-B, the use of a deadly weapon to commit rape is a special qualifying circumst
ance which increases the penalty from RP to RP/death. It is not an AC under Art.
14, but under Art. 266-B and 266-C of the RPC. What are alternative circumstanc
es?
RA 8353

Art. 15: alternative circumstances


55

o Either aggravating or mitigating according to the nature and effects of the cr


ime and other conditions attending its commission o Only considered when they in
fluence the commission of the crime What are the three alternative circumstances
? o 1. Relationship o 2. Intoxication o 3. Degree of instruction/education of of
fender What is the scope of relationship under Article 15? o Spouse o Ascendant,
descendant o Legitimate, natural, adopted siblings o Relative by affinity in sa
me degrees o What if the relationship is just between step-parent and stepchild?
The relationship between step father and step son is akin to that to an ascenda
nt and descendant and is subject to AC of relationship.
BUT relationship between
step grandniece and step grandfather is not one of the relationships contemplat
ed in Art. 15 of the RPC, as with similar examples. o What about first cousins?

When the accused and victim are first cousins, relationship is NOT aggravating.
o What about uncle and nephew?
No. Uncle and nephew/niece not covered. Is relati
onship an AC in rape? o Yes. o Relationship is aggravating in crimes against cha
stity, including rape. o While rape is now a crime against persons, it does not
lose its nature as a crime against chastity, because for rape to be committed th
ere must be lewd design. Thus, relationship is still an AC in rape. o What is th
e effect of father-daughter relationship in rape?
Its now a special aggravating c
ircumstance under RA 8353. No need to resort to relationship as an alternative c
ircumstance. What if the imposable penalty becomes death? o In crimes where the
imposable penalty is death, relationship shall not be deemed an AC, regardless o
f the crime. When is relationship aggravating and when is it mitigating?

56

o Relationship is aggravating in crimes against chastity, whether offender is of


higher or lower degree relative o Relationship is mitigating in crimes against
property When is intoxication mitigating? o If not habitual, or not pursuant to
planning a felony, and affected mental faculties o It is aggravating if there is
habitualness or intentional intoxication What is the rule on education? o Low e
ducation may be mitigating but never aggravating o High education may be aggrava
ting but never mitigating o When is the high education of a person aggravating?
When his education puts him in better position than the ordinary offenders. Ex.
estafa by a lawyer When is education ignored? o 1. If the crime is basically wro
ng like parricide, murder, rape, or robbery, it is immaterial whether the offend
er is schooled or not. o 2. Education has already been considered by the provisi
on such as abortion conducted by a physician.
PERSONS CRIMINALLY LIABLE

May a private corporation, partnership, or association or other juridical entity


be criminally liable? o The general rule is that corporations are not criminall
y liable because there is no criminal intent. o Except: when the law provides th
at officers or employees are liable. o Can both the employer and employee be lia
ble as principals by direct participation?
Yes, when the employee performed cons
ciously participated in the acts (ex. illegal recruitment). He must know of the
illegality and still further the act. o Trust Receipts Law P.D. 115 when violate
d by corporation, partnership, or association: penalty is imposed on responsible
officers o Labor Code ex. illegal recruitment (39-D) same penalty Who are liabl
e? o 1. Grave and less grave offenses: principals, accomplices, accessories o 2.
Light offenses: principals and accomplies When do these provisions apply?
Art. 17: principals
57

o These provisions only apply when two or more people are acting criminally. Oth
erwise, its just the principal. When may a person be criminally liable as princip
al by direct participation? o Participation in criminal execution o Carrying out
the plan and directly participating in the execution
N.B. There must be conspir
acy, under this usual definition o But can there be principals by direct partici
pation without conspiracy? Yes: the usual example of two people attacking a cock
y guy in a bar with prior planning. The victim died due to two bullets, one from
each gun. There is no conspiracy here, but both are liable as principals by dir
ect participation. How about the mastermind? For him to be a principal, does he
have to commit an overt act in the execution of the planned conspiracy? o Enough
to be held as co-principal through conspiracy, as long as there is involvement
in the planning and commission. What should the overt act consist of for princip
als by direct participation? o 1. Active participation o 2. Or giving moral assi
stance to the other conspirators
58

Mere presence
Exercising moral ascendancy What is the general rule as to non-app
earance? o Deemed a desistance which is favored. Mere participation in a conspir
acy is not a crime, because there is no act yet to carry it out. When there is n
o criminal participation, there is no liability. o But see the exceptions for ma
sterminds and PDIs. Can someone not be in the scene of the crime and still be a
principal? o Yes. For example, there is conspiracy and one is on look-out duty f
or policemen. o For as long as the conspirators perform specific acts that were
coordinated pursuant to the conspiracy. X, Y, and Z conspired to kill V. All thr
ee stabbed V. Is it a complex crime? o No. There is only one crime of homicide,
as there is only one victim. The number of crimes committed does not depend on t
he number of co-conspirators. If rape was committed by 2 or more persons, what h
appens? o Commission of rape by two or more persons is a qualifying circumstance
that requires imposition of RP/death.

o Ex. The husband raped the victim, while the wife of the accused held back the
arms of the victim.
HELD: The husband was guilty of rape by direct participation
, and the wife was principal by indispensable cooperation. Is it possible that t
wo persons are conspirators but are liable for different crimes? o Yes. o Ex. Th
e private individual is liable for delivery of prisoners, while the escaped conv
ict is liable for evasion of sentence. o Ex. X and Y killed Xs wife. Y is liable
for homicide. X is liable for parricide. What is the rule for Robbery with homic
ide? o General rule: the act of one is act of all, even if only one co-conspirat
or killed the victim. o Is it possible that one is liable only for robbery but n
ot robbery with homicide?
Yes, if one desisted before the homicide was committed
. For instance, one prevented the other from stabbing the victim o What about ro
bbery with rape? All the accused will be liable for the rape committed by one of
them, unless one proves that he endeavored to prevent the person from doing so.

o For these cases, one must perform an OVERT act to prevent the commission of th
e other crime. Mere silence or running away is not enough disavowal. How does on
e become a principal by direct inducement? o 1. Directly forcing another to comm
it a crime
Using irresistible force
Causing uncontrollable fear o 2. Direct indu
cing another to commit a crime Giving price, reward, or promise
Using words of c
ommand What are the requisites to become a PDI? o 1. Inducement made directly wi
th intent of procuring the commission of the crime o 2. Inducement is the determ
ining cause of the commission of the crime by material execution What is require
d for use of words, to become a PDI? o Must have actually moved the hands of the
principal by direct participation, the latter of which has no other recourse bu
t to obey the command. This especially applies when the PDI has moral ascendancy
over the PDP. Does the PDI need to be in the scene of the crime? o No. His indu
cement is enough. What if the person inducing did not qualify in the above descr
iption?
59

o He is generally liable as an accomplice. What if the person merely made carles


s remarks not meant to be obeyed? o He is neither a PDI nor an accomplice. He is
not criminally liable. When does one become a principal by indispensable cooper
ation? o Direct participation in the criminal design by another act without whic
h the crime could not have been committed. What is the main distinction between
the PDP and principal by indispensable cooperation? o For the PIC, he must perfo
rm an act different from the overt act of the PDP; otherwise, he also becomes a
PDP. Must the PIC be present during the planning stage of the conspiracy? o No.
He may become a principal at the moment of execution of the crime with the other
principals. It can arise from implied conspiracy. What is the rule in case of d
oubt? o The liability of the PIC is merely as that of an accomplice. Is it possi
ble that the PIC commits a crime different from the PDP? o Yes. An example is ma
lversation through falsification of public documents committed by a public offic
er in conspiracy with a private
60

individual. The private individual may be liable for malversation. Can the PDPs a
cts be by dolo and the PIC, by culpa? o Yes. Ex. There was a bank employee with
two friends. The friends made the employee believe that a bank document was genu
ine, which was approved by the employee without needed diligence. The crime of t
he PIC is estafa through falsification of commercial document, by culpa. What ar
e the acts of accomplices? o Prior or simultaneous acts not indispensable for th
e commission of the crime, and not overt acts for commission thereof. What are t
he requisites to be liable as an accomplice? o 1. Offender took part in the exec
ution of the crime by previous or simultaneous acts o 2. He intended to take par
t in the commission of the crime At what point must the accomplice acquire knowl
edge of the commission of the crime by the PDP? o After the PDP has reached a de
cision to commit a crime. The accomplice does not decide the commission of a cri
me. He just agrees after the criminal resolution is accomplished.
Art. 18: accomplices

o If he was part of the decision to commit the crime in conspiracy, he becomes a


principal. o Likewise, if he commits an act of execution, he also becomes a PDP
. Contrast a conspirator from an accomplice: o Both the conspirator and accompli
ce know of the crime and agree with the criminal resolution. The conspirators de
cide, and the accomplices merely concur and cooperate. o The crime is performed
by the PDP, while the accomplice is merely an instrument of the conspirators not
members of the conspiracy. May one be charged and convicted as accomplice or ac
cessory even before principal charged or convicted? Or should the PDP first be c
onvicted before accomplice and accessory be charged or convicted? What are their
corresponding liabilities? o As long as commission of the crime can be proven b
eyond reasonable doubt, determination of criminal responsibility of accessory ma
y be determined independently of and separately from liability of the PDP. o If
the case against PDP is dismissed, the case against accomplice or accessory must
also be dismissed because the liability of the latter is subordinate to that of
the PDP. o But the dismissal of the case against the latter does not necessaril
y result in dismissal of the case against the PDP.

Art. 19: accessories


61

Who is an accessory?

o One must have knowledge of the commission of the felony, and he participates a
fter the commission by any of the acts enumerated in Art. 19. His participation
must not be that of a principal or accomplice. What are the requisites to become
an accessory? o 1. Knowledge of the commission of the crime o 2. Without partic
ipating therein o 3. Perform any of the following acts (see below). What are the
three acts of accessories in Article 19? o 1. By profiting themselves or assist
ing the offender to profit by the effects of the crime o 2. By concealing or des
troying the body of the crime (corpus delicti), or the effects or instruments th
ereof, in order to prevent its discovery o 3. By harboring, concealing, or assis
ting in the escape of the principal, and
A. the accessory acts with abuse of pub
lic functions OR B. the accessory is a private individual, and the author of the
crime is guilty of:
i. treason,
ii. murder,
iii. parricide,
iv. or attempt to t
ake life of the Chief Executive, v. or is known to be habitually guilty of some
other crime When does the accessory participate?

o His participation comes after the commission of the crime. Does mere silence m
ake one liable for the crime as an accessory? o No. It is not a crime to remain
silent. What is the corpus delicti or body of crime that must be concealed or dest
royed under par. 2? o Body or substance of the crime, or the actual commission b
y someone of the particular crime charged. It is either:
1. Proof of occurrence
of a certain event 2. Some persons criminal responsiiblity X, a policeman, witnes
sed the killing of V by K. X failed to arrest K and even told K not to tell the
other policemen. Is X an accessory? o Yes, under art. 19(3). It was the duty of
the policeman to arrest the culprit and not to conceal the commission of the cri
me by silence or misleading statements. By his acts, he abused his public positi
on. What is PD 1612 (Anti-Fencing Law)? o One who acquires stolen property is cr
iminally liable as an accessory under Art. 19 or as a principal for fencing unde
r PD 1612. Prosecution has the option. When does one become a principal for fenc
ing requisites? o 1. The crime of robbery or theft must be committed, and accuse
d did not participate in the commission thereof. o 2. The accused then acquires
the proceeds of the robbery or theft, and he has actual

knowledge thereof or he should have known the subject is from such acts o 3. Int
ent to acquire What is the special rule P.D. 532 (piracy, highway robbery and br
igandage)? o Any person who directly or indirectly abets the commission of pirac
y or highway robbery/brigandage is not just an accessory he is an accomplice to
the principal of the crime. o The person who profits from the loot is charged wi
th Abetting Brigandage and is charged as an accomplice (not just an accessory)
Art. 20: accessories exempt from liability
Who are the accessories exempt from l
iability? o Those who are accessories vis--vis spouses, ascendants, descendants,
legitimate/natural/adopted brothers and sisters, or relatives by affinity of the
same degree o When does it not apply? To paragraph 1 (profiting from the crime)
o [N.B. this listing is limited (not up to 4th degree of consanguinity) and is
the same scope as the alternative circumstance of relationship] X killed Y. X to
ld his sister S to hide the body of Y. X and S buried Y. What is the liability o
f S? o S is exempt under Art. 20. The basis of the exemption is ties of blood be
tween the PDP and accessory.

62

What if a policeman furnishes the means for his brother to escape with abuse of
public position? Is he exempt? o He is. Blood-ties are more powerful than call o
f duty. Moreover, the law does not distinguish between private citizens and publ
ic officers. What is PD 1829 or Obstruction of Justice? o Those who assist the p
rincipal to escape may be prosecuted under PD 1829 as a principal for obstructio
n of justice. When convicted, the penalty imposed is the higher penalty between
PD 1829 and any other law, including the RPC. What are the acts amounting to Obs
truction of Justice? o [preventing] o 1. Preventing witnesses from testifying o
2. Harboring or concealing the offender o 3. Obstruction of service of court pro
cesses/orders or disturbing proceedings in fiscal or Court o 4. Solicitation or
acceptance of benefit to desist in prosecution o 5. Using threats to prevent a p
erson from appearing in proceedings o [misleading] o 1. Altering or suppressing
evidence o 2.using fictitious name to conceal crime or evade prosecution o 3. Ma
king or presenting false evidence o 4. Giving false or misleading information to
law enforcement agents Does PD 1829 provide the same exceptions as Art. 20?
63
o No. PENALTIES
Offended party and accused agreed to fight; one lost. He filed f
or a complaint for physical injuries. Does the pari delicto doctrine apply? o No
. It does not apply to criminal cases. In fact, two people can agree to duel, an
d if one dies, the offender may be charged under the RPC. Does estoppel apply to
criminal cases? o No. The offended party is the State. Private individual who s
ustained the damage is merely the witness to the crime. Can there be imprisonmen
t at the discretion of the court? o No. It must be according to limits imposed b
y law. Did the SC circular giving preference to fines over imprisonment for BP 2
2 and libel violations amend the law? o No. There was no abolishment of the pena
lty of imprisonment. May the favorable provisions of RA 7659 (Abolishing the DP)
retroact to entitle the offender to RP? o Yes. Penal laws retroact in so far as
they favor a person guilty of a felony, as long as he is not a habitual delinqu
ent o Even when there is already a final judgment o Does this apply even to SPLs
?

Yes. What is the retroactive application of RA 9344? o Any pending cases involvi
ng children below 15 are automatically dismissed and referred to appropriate div
ersion programs o Those already serving sentence are reassessed/reclassified und
er the new benevolent features of the law o If the minor is no longer entitled t
o suspension of sentence (Ex. reached 18 years old) and the court resolves to im
pose the sentence, he can still apply for probation What if a penal law is repea
led? o Then the court has no more jurisdiction to hear the case o The offense ne
ver existed and the person who committed it never did so. o Exceptions?
1. Savin
g clause 2. The repealing act reenacts the former statute What is the effect of
RA 8353 on Articles 23 and 344 which provide for pardon by the offended party? o
Rape and sexual assault are now crimes against persons. o Thus, criminal action
can only be commenced by information filed by public prosecutor, and not the pr
ivate offended party.
64

o If a crime is public, private individual cannot pardon the crime or compromise


it, unless provided by law. In a criminal action, it is the State that is the o
ffended party; the private individual is just a witness. o Exception: RA 8353 ma
rriage of offender and rape victim
Shall extinguish criminal action
If already c
onvicted, penalty imposed will be extinguished Note, however, that a husband can
be convicted for rape or sexual assault against his wife. Criminal liability ma
y only be extinguished by law or the grounds in Art. 89. o A public officer is c
harged with RA 3019. He returns the money. Will his liability be extinguished?
N
o. It will not exonerate him from criminal liability, but will extinguish his ci
vil liability. P v. Sandiganbayan What are not considered as penalties? o 1. Arr
est and temporary detention of accused, or detention due to insanity or imbecili
ty o 2. Commitment of a minor in institutions
Art. 80 was already repealed by PD
1603 and amended by RA 9344. o 3. Preventive suspension from employment or publ
ic office

o 4. Fines and other corrective measures imposed by superior officials on subord


inates
Refers to administrative sanctions in administrative cases against public
officers and employees (imposed by superiors) Correlate the above enumeration w
ith RA 6975, par. 4: o If police officer or employee is charged for a crime in a
valid information, he may be suspended during pendency of the case. This is not
a penalty, but just a means to facilitate justice. Correlate with RA 3019: o Wh
en a public officer or employee is charged, he may be suspended 90 days. This is
not deemed a penalty. What is the effect of RA 9346 abolishing the death penalt
y (and as clarified by P v. Bon)? o 1. It retroactively benefited all those conv
icted and being tried for the death penalty, which has been abolished. It benefi
ts even habitual delinquents. o 2. It does not affect RA 7659s provisions on how
the crime is committed; it just reduces the penalty imposed by RA 7659 from deat
h to RP. o 3. It equalized the penalties of certain offenses which used to be gr
aduated. Examples:

Piracy (RP) and qualified piracy (RP to death) are now both RP.
Kidnapping (RP t
o death) and Kidnapping with Homicide or Rape (mandatory death) are now both RP.
Destructive arson (RP to death) and Arson with homicide (mandatory death) are n
ow both RP. o 4. In graduation of offenses one or two degrees lower, take out dea
th from the scale as well. o 5. It did not declassify the crimes as heinous. Only t
he penalty imposed is affected. When is the duration of penalties computed from?
o 1. If the offender is in prison, from finality of judgment of conviction o 2.
If not in prison, from placement at disposal of judicial authorities to enforce
penalty o 3. Other penalties not involving imprisonment from day when he commen
ces to serve the sentence When are detainees credited with the whole duration of
preventive imprisonment? o 1. Full time, if the detention prisoner agrees to ab
ide by the same disciplinary rules as convicted prisoners o 2. 4/5 time, if he d
oes not agree to abide by the same rules o When is there no credit?
1. Recidivis
ts

65

2. Those convicted at least 2 times of any crime


3. Upon summoned for execution
of sentence, they failed to surrender voluntarily o What if the period of preven
tive imprisonment has exceeded the maximum penalty allowed?
Immediately release,
but continue with trial or appeal If its destierro, the maximum period is 30 day
s preventive imprisonment o What is the remedy when the person has reached the m
aximum penalty imposable?
Habeas corpus o What if the convict is sentenced to RP
or life imprisonment? He is still entitled to the benefits of this provision. W
hat is the effect of penalty of perpetual or temporary absolute DQ? o 1. Depriva
tion of public office even if elected o 2. Deprivation of right to vote or right
to be elected o 3. DQ for offices or public employments and for exercise of any
rights mentioned o 4. Loss of all rights of retirement pay or pension for forme
r office

o What is the difference between perpetual and temporary?


In temporary, #2 and #
3 only lasts until term of sentence What is the effect of perpetual or temporary
special DQ? o 1. Deprivation of office, employment, profession, or calling affe
cted o 2. DQ for holding similar offices or employments How long does #2 it last
? If perpetual, forever
If temporary, during term of sentence o What about perpe
tual or temporary special DQ for the exercise of the right to suffrage?
Deprivat
ion of right to vote or be elected for public office (perpetual or temporary) Wh
at is the effect of penalty of suspension from public office, profession, callin
g, or right to suffrage? o These apply during term of sentence o And if suspende
d from public office, cannot hold an office with similar functions during suspen
sion Is RP the same as life imprisonment? o No. RP has a fixed duration and acce
ssory penalties, and is imposed by the RPC.
66

o Life imprisonment has no fixed duration, no accessory penalties, and is impose


d by SPLs. What is the dual nature of temporary disqualification and suspension?
o As principal penalty
Temporary DQ: 6 years and 1 day to 12 years
Suspension:
6 months and 1 day to 6 years o As accessory penalty: Follow principal penalty C
an a lesser offense absorb a graver offense? o Yes. Examples are rebellion (RT)
absorbing murder (RP) when committed in furtherance of the former. Forcible abdu
ction (RT) absorbs illegal detention of a woman (RP). What is the nature of Recl
usion Perpetua? o RP is an indivisible penalty. o There is no minimum, medium, o
r maximum period. o It is not affected by mitigating or aggravating circumstance
s. o So why does RA 7659 fix the duration at 20 years and 1 day to 40 years? In
order to avoid a lacuna because RT caps out at 20 years. The provisions discussi
ng RP provide that at 30 years, the offender is entitled to parole, while servic
e of penalty is at maximum 40
67

years. Thus, the period for RP has become 20 years and 1 day to 40 years. (It wo
uld be absurd to set it at 30 years to 40 years, since there will be a gap.) o W
hat is the minimum period of imprisonment for RP?
30 years, after which the offe
nder will be eligible for pardon by the Chief Executive. (Although there is noth
ing preventing the Chief Executive from pardoning the offender beforehand.) o Wh
at is the number used in pegging the three fold rule for RP? 30 years as well. Sin
ce that article provides that when the culprit has to serve at least 2 penalties
, the maximum duration of the sentence should not be more than 3-fold the length
of time corresponding to the most severe penalty. What are the indivisible pena
lties? o 1. RP o 2. Perpetual absolute or special DQ o 3. Public censure What ar
e the effects of indivisible penalties? o Impose the penalty in its entirety
Eve
n if there is a special aggravating or two mitigating, it will not be affected.

o BUT if there is privileged mitigating circumstance, it may be reduced by 1 or


2 degrees. Exceptional situations: o P.D. 818 Syndicated Estafa:
Maximum of crim
e is 30 years, which in connection with the accessory penalties shall be 30 year
s of RP o People v. Canales imposed 40 years of RP, with accessory penalties per
taining to death, and cannot be pardoned until after 40 years have passed.
How d
id the court reach this decision?
Because under Art. 309 of the RPC, theft is pu
nishable by maximum of RT. But for Art. 310, qualified theft, penalty is two deg
rees higher. This is death. But the rule under Art. 74 is that if the next highe
r penalty is death, it becomes RP, with accessory penalties of death. This is al
so the reason why he cannot be pardoned before 40 years have lapsed, instead of
30. N.B. Note, however, that Boado believes that there is no more such

distinction now that the DP has been abolished. When a penalty of fine is impose
d, what is the order of payment of pecuniary liabilities? o Read in conjunction
with Art. 38 (order of payment of pecuniary liabilities):
1. Reparation, 2. Inde
mnification, 3. Fine,
4. Cost of proceedings o To whom is the fine given?
Not gi
ven to the complainant; it is given to the State. o Can accused use its cash bai
l bond to pay his fine, if convicted? Yes. The law does not prohibit him from us
ing his cash bail bond to pay his fine. It is only meant to ensure his attendanc
e during the process. Conflict of provisions leading to confusing rulings, if th
e fine is exactly 200 pesos: o In Article 9, P200 is a light penalty. In Article
26, P200 it is a correctional penalty. o To harmonize:
When the issue is prescr
iption of crime, apply Art. 9. When the issue is prescription of penalty, apply
Art. 26.
68

What is preventive imprisonment for children in conflict with the law under RA 9
344, sec. 53? o Any form of physical restraint imposed on a child in conflict wi
th the law including his community service or commitment to a rehabilitation cen
ter shall be considered as preventive imprisonment. o If the minor juvenile is i
mprisoned pending trial he shall be credited with the service of the sentence wi
th the full time in which the child was preventively imprisoned
Provided the chi
ld agrees with the rules and regulations of the penal institution If not, still
entitled to 4/5ths of the time Under Art. 104 of the RPC, the offender is civill
y liable to the offended party for restitution, damage, reparation, and indemnif
ication for consequential damages. The liability of the accused (under Art. 104)
covers civil liabilities or pecuniary liabilities. How about the penalty of fin
e under Art. 38 of the RPC in relation to Art. 39? o It is also a pecuniary liab
ility of the accused, but it is a pecuniary penalty (and not a pecuniary liabili
ty), because it is a penalty under Art. 25 of the RPC. o So it is still covered
by the order of payment. What is civil interdiction and what rights does it cove
r? o Accessory penalty that attaches to RP and RT.
69
o Deprivation of the following rights 1. Parental authority
2. Guardian as to pe
rson/property of ward 3. Martial authority 4. Management of property
5. Disposit
ion of property by acts inter vivos
So he can still make a last will and testame
nt o Cannot appoint an agent to fulfill these tasks Art. 39: subsidiary imprison
ment When is subsidiary imprisonment imposed? o Subsidiary imprisonment can only
be imposed if the accused is penalized with a fine (either alone or in conjunct
ion with imprisonment), and because of insolvency, he cannot pay the fine. How l
ong is the subsidiary imprisonment? o If penalty is PC/arresto + fine confined u
ntil the fine is satisfied under the conversion
Whichever is the least among:
1.
1/3 of his sentence term 2. 1 year
3. Quotient of fine divided by 8 pesos o If
penalty is just a fine

Subsidiary imprisonment must not exceed 6 months for grave or less grave felonie
s Must not exceed 15 days for light felonies o If penalty is higher than PC, no
subsidiary imprisonment Can the convict be ordered to serve subsidiary imprisonm
ent for failure to pay pecuniary liabilities? o No. The convict cannot be ordere
d to serve subsidiary imprisonment for failure to pay pecuniary LIABILITY; but h
e can serve for pecuniary PENALTY. If he is not insolvent, but he does not want
to pay the fine, can he choose to go to jail instead? o No. The accused has no c
hoice but to pay the fine. Will subsidiary imprisonment apply for SPLs? o Yes. I
f the accused was convicted of a crime defined by SPL, Art. 39 will still apply,
taking into account Art. 10 of the RPC.
Ex: Violation of BP 22 Supposing he was
convicted for possession of unlicensed firearm and sentenced to prison term but
he was insolvent. Subsidiary imprisonment? o Yes. Again, Article 39 is consiste
nt with Art. 10.

Must there be an express statement in the dispositive portion imposing subsidiar


y imprisonment? o Yes. Subsidiary imprisonment is a penalty. There must be a sta
tement in the dispositive portion that if he is insolvent, he must serve subsidi
ary imprisonment. Absent this specific order in the dispositive portion, he cann
ot be compelled to serve this. (Ramos v. Judge) What is the financial standing o
f the culprit improves? o He has to pay. Subsidiary personal liability does not
relieve him from the obligation to pay the fine in case his financial standing i
mproves. When can there be no subsidiary imprisonment? o If the penalty is highe
r than prision correccional, there can be no subsidiary imprisonment. Toledo v.
Superintendent, citing Bagtas v. Director of Prisons, supposing the accused is c
harged with 2 or more offenses and there was 1 decision that convicted him of al
l the charges. How do we determine the 6-year limit? o Where this situation exis
ts, the 6 year period limit shall be based on the total duration of the penaltie
s imposed by the court based, after the joint trial, on the 3-fold rule under Ar
t. 70 of the RPC. If the totality of the penalties exceed 6 years, no subsidiary
imprisonment shall not be
70

imposed, even if the penalty for each of the crimes is less than 6 years. What a
re the accessory penalties? o RP and RT:
Civil interdiction for life or during p
eriod of sentence as the case may be Perpetual absolute DQ o PM:
Temporary absol
ute DQ Perpetual absolute DQ from right to suffrage o PC:
Suspension from public
office Suspension from right to follow profession or calling
Perpetual special
DQ from right to suffrage If imprisonment exceeds 18 months o AM, Am:
Suspension
from office Suspension of right to suffrage during term of sentence Who has the
power to order forfeiture of the proceeds of the crime and the instruments or t
ools used in the crime?

Art. 45: forfeiture of the proceeds of the crime


o Only the trial court which rendered conviction of the accused may order this.
o But before the court may do so, the tools or instruments must be presented to
the court as evidence. Otherwise, the court has no jurisdiction to order the for
feiture or destruction of such. o In case of bribery, the money used may be forf
eited in favor of the state. What if the tool or instrument belongs to some othe
r person? o The tool or instrument MUST belong to the accused himself. If it bel
ongs to some other person and he has no involvement in the crime, there can be n
o such declaration. Does this provision apply to SPLs? o Yes. When may the court
order destruction of the items? o If the items are contraband. What is the rule
under the Dangerous Drugs Act? o Those subject of the crime, including proceeds
derived from drug trafficking, and even money and assets acquired in violation
of RA 9165 deemed and ordered forfeited in favor of the government, unless belon
ging to third persons without involvement of the crime. o Exception to third per
son rule: if the items are beyond lawful commerce still forfeited
71

o Under Sec. 20 of the same law, the proceeds of the sale or disposition of the
property forfeited must be used to pay the expenses incurred in the proceedings
including cost of the proceedings Art. 48: complex crimes
When is there a comple
x crime? o Material Plurality when a single act constitutes two or more grave or
less grave offenses (delito compuesto composite crime), or when an offense is a
necessary means to commit the other (delito complejo complex crime proper) What
is the effect on the penalty? o There is only one penalty, although there are m
ultiple crimes o The more serious crimes penalty is imposed in maximum period Whe
n is there delito compuesto? o Either dolo or culpa Ex.: person was convicted fo
r reckless imprudence resulting into homicide and destruction of property o The
felonies resulting from the single act must be felonies in the RPC o If punishab
le under the RPC and an SPL, Art. 48 will not apply. The offender may be
72

Delito compuesto (first mode)


charged and convicted for both crimes, separately without double jeopardy.
Ex. E
stafa and illegal recruitment
Ex. Estafa and BP 22 Can Art. 48 apply if the cons
tituent acts are less grave felony and light felony? o No, light offenses are no
t included (see excerpt). If under Art. 48, the maximum of the graver penalty is
imposed, is it a special aggravating circumstance? o No. What if the accused is
entitled to a generic mitigating circumstance, will it offset? o No, unless it
is a privileged mitigating circumstance. Supposing one wants to kill another wit
h treachery, but there was abberatio ictus? o Then the crime committed by the ac
cused is a COMPLEX CRIME. o Attempted murder + murder The accused stabbed the vi
ctim with a bolo, and the bolo hit both the person and the person behind him. Th
e target died. What is the crime? o Complex crime of murder and SPI. o (Note tha
t as to the second person, it was just SPI because there was no intent to kill h
im.)

The accused forcibly insert his penis into the vagina of the woman and she susta
ined Less SPI in her vagina. What is the crime? o Complex crime of rape with LSP
I The accused stabbed his wife to death, and she was 6 months pregnant at the ti
me. What is the crime? o Complex crime of parricide with unintentional abortion.
What is required for delito compuesto? o The law is clear: a single act. But th
e SC sometimes applied the single impulse test or the single criminal intent tes
t. o Gamboa v. P, cited in P. v. Judge Pineda: there must be singularity of the
criminal act, not singularity of the criminal impulse. Because singularity of cr
iminal purpose is NOT written in Art. 48. The SC applied single impulse test for
the first time: o X stole on the same occasion 13 cows. SC held: one crime of t
heft even if there were 13 cows, applying single impulse test. o Y took two roos
ters on one occasion. SC held: one crime of theft because it was in response to
one criminal impulse. In crimes against chastity, the SC adopted another test: s
ingle criminal intent: o X raped his niece at 10 am, and then again at 11 am at
same grassy area. One crime of rape,
73
o
o
o
o
even though committed in intervals of one hour, because he was motivated by a si
ngle criminal intent. Y inserted private organ and raped the victim, but he was
not content; he also inserted his finger at the same place and at the same occas
ion. The accused is guilty of one count of rape and 2 counts of sexual assault:
same place, same occasion. Z inserted his penis into the vagina of the victim an
d made several push and pull movements but without removing his organ, until he
reached orgasm. Only one crime of rape, because he reached orgasm only once then
he removed it. W raped his niece once a day and inserted his finger once a day,
for 16 successive days in different locations. Guilty of as many crimes of rape
and sexual assault equal to how many times he inserted his organ and finger.
Re
asoning: there could not be a single criminal intent because each time he commit
ted the crime, was on different days the accused was animated by separate crimin
al intents on each occasion. V raped the victim for first time is the pig pen, a
bout 8 meters from the house. Then brought her to the room and raped her again.
Then

brought victim room of cousin, and raped again. Brought her to kitchen, where he
raped her again. There were separate criminal intents because he raped the vict
im in different places although the rapes were done successively. o What is the
test then?
The place test
NOTE, however: P v. Escoton: Convicted person for 5 coun
ts of rape even if it was in the same place, and at the same night. Be forewarne
d that this might be the new rule now (2010 decision). What test will be applied
for kidnapping? Single impulse or single intent? o Even if the persons were kid
napped on the same occasion and place, there were as many crimes of kidnapping a
s there were persons. o Kidnapping with homicide, K with murder, K with rape are
all special complex crimes, and not complex crimes under Art. 48 of the RPC. Ev
en if the homicide or rape is a mere afterthought, this would be the crime. o If
the victim of kidnapping got raped, how many crimes of special complex crime of
kidnapping and rape?

There are as many times of crimes of kidnapping and rape as the number of person
s kidnapped and raped. o What is the test then?
Number of persons Will you apply t
he single criminal intent or resolution test in mala prohibita? o No. Lim v. P:
X issued 3 bouncing checks on the same occasion. There are as many violations of
BP 22 as there were many checks. The criminal intent or resolution test does no
t apply because it is mala prohibita. What about falsification of documents? Mus
t one apply the single criminal intent or resolution test? o X convicted of only
one complex crime of estafa through falsification of three postal money orders
which she cashed in on the same day. Since it was the same occasion, the acts we
re considered as only one act of estafa through falsification of commercial docu
ment. o Y falsified three money orders separately. Here, each act constitutes a
separate crime, because Y was animated by separate impulses, in falsifying each
voucher. o Z, an employee of the SC, falsified the roll of attorneys. Included 3
names. HELD: As many crimes of falsification as there are many persons.

74

o X antedates a public document, forges the signatures therein, and changes its
content. Is he guilty for three counts of falsification of the document?
No. The
re was only one crime of falsification of public document, although there were m
ultiple modes of falsification committed. o Gamboa v. CA: There was no single im
pulse, intent, or resolution test mentioned in Art. 48. It mentions a single act.
o Compare to Ilagan v. CA: X is a real estate agent who fraudulently collected f
rom lot buyers, but instead of turning over the proceeds to the corporation, he
kept them. How many crimes of estafa did he commit?
As far as the lot buyers wer
e concerned, there were as many crimes of estafa as the number of times the peti
tioner fraudulently collected from the victims. As far as the corporation is con
cerned, it depends on obligation to account. If he is obliged to account everyda
y and he fails to do so, there are as many crimes of estafa as the number of day
s he failed to account. If he is obliged to account every month, he is guilty fo
r every month he fails to account. What is the rule for libel?
75

o Even if two or more persons were subject to libel, if there was only one publi
cation, there is only one crime of libel. What is the rule for adultery? Is is a
delito continuado (continuing crime)? o Adultery is not a delito continuado. Each
sexual act is an offense. Adultery is consummated and exhausted at the time of
carnal union. Crimes against persons: o X and Y, constabulary officers, killed a
round 50 people with guns. What is the crime?
Convicted of complex crime of mult
iple murder under Art. 48(1), applying single impulse test.
N.B. the court just
resorted to this because they couldnt tell who killed who. o There were several k
illings inside Bilibid prison. What was the crime? Decision by J. Aquino: Multip
le counts of murder and multiple counts of attempted and frustrated murder. Agai
n, the SC applied single criminal impulse test.
Dissent by J. Makasiar: Read Art
. 48 single act. It doesnt say single criminal impulse.

On an MR: J. Aquino reneged, considering J. Makasiar. If it is prisoners, apply


Art. 48. If NOT prisoners, then separate crimes. This is really strange. o But w
hat MUST be the rule, according to P v. Pineda?
DO NOT APPLY SINGLE IMPULSE TEST
. Just read Art. 48: it requires a single act. o Several accused had automatic,
high powered guns and killed several people. When they pulled the trigger, sever
al bullets shot out. What was the crime? Complex crime of multiple murder and mu
ltiple attempted murder. Although several independent acts were done, it was not
possible to determine who among them killed how many victims.
The accused showe
d a single criminal impulse based on the statement my gosh, di natin napatay laha
t. The SC also used conspiracy as basis. o But see P v. Dalmacio: Armalite guns f
ired successively, and explosives, killed several and seriously wounded others.
The accused were guilty for as many crimes as how many people were injured. Malv
ersation:
76

o There may be a complex crime of malversation through falsification of official


documents a crime being done to commit another crime. Can you apply Art. 48 to
plunder? o No. Plunder is unique. One cannot apply Art. 48. Although there maybe
some predicate crimes, only ONE CRIME is committed. Article 48 does not apply t
o special complex crimes: o Ex. robbery with homicide, robbery with rape, robber
y with intentional mutilation o Ex. kidnapping with murder, kidnapping with rape
, kidnapping with homicide When is there delito complejo? o One felony is the ne
cessary means to facilitate or ensure the commission of another felony. If one f
elony is indispensable to the commission of another, then Art. 48 DOES NOT apply
; there is only one crime. o Bottom line: Must be necessary but NOT indispensabl
e. Is it possible that one is delictual and the other is culpable felony? o Yes.
o Ex. Cashed check on behalf of an impostor. The employee of the bank did not b
other to check, since they are friends.
Delito complejo (second mode)

o Due to the employees failure to ascertain identity of payee, there was Estafa t
hrough falsification by culpa. The latter was the means to commit the former. o
Why can a public document be falsified through culpa?
Because for official or me
rcantile documents, there is no need to prove that there is intent to cause dama
ge. The intent to cause damage is only required for private document. Therefore,
there is no falsification through culpa for private documents. What about forci
ble abduction with rape: related with Art. 342 and rape/sexual assault (Art. 366
-A)? o Take into account absorption of felonies. If the intention was to rape, a
nd the victim was brought to a place in light of rape, then there is rape only a
bduction is absorbed by rape. o But there may be a complex crime of forcible abd
uction with rape. What are these cases where it not absorbed and when it is abso
rbed?
Ex. Victim abducted and brought to grassy area near her house, where she w
as raped. Abduction was absorbed since it was near her house.

Ex. Brought to place 600m from her house, where she was raped. Abduction was STI
LL absorbed by rape.
Ex.: Abducted to place 100m from her house forcible abducti
on with rape. What is determinative? SPECIFIC INTENTION OF OFFENDER AND NOT THE
DISTANCE o What if there was abduction, and then there were three rapes done aft
er? The moment the first rape was committed, then forcible abduction with rape w
as consummated. So the second and third rapes were SEPARATE crimes. There is one
complex crime, two separate simple crimes. (This is en banc decision.)
But ther
e are some commentators that say that the subsequent rapes must be absorbed sinc
e abduction is a continuing crime. If the accused abducted two women at the same
time, and then raped both? o Guilty of TWO counts of forcible abduction with ra
pe. Can robbery with force upon things be taken together with robbery with viole
nce against persons as a complex crime?

77

o Yes. The former can be a means to commit the latter. When does delito complejo
not apply? o 1. Indispensable to the second crime o 2. Essential element or mod
e of committing another felony o 3. Merged with another crime o 4. Felony is com
mitted to conceal another crime A company officer falsified two private document
s to make it appear that there were two extra employees, even if she really just
kept the wages for herself. Can one apply Art. 48(2) for estafa through falsifi
cation of private document? o No. There can be no complex crime of estafa throug
h falsification of a private document, because the latter must have 1. Intent to
cause damage, and 2. Damage caused. For estafa, the same elements must apply. T
he moment the falsification was established by intent to cause damage, the same
element CAN NO LONGER BE USED to establish estafa. o The crime instead is falsif
ication of private document. If the estafa can be committed without the falsific
ation, the proper charge is estafa. Art. 48 does not apply. o If it is falsifica
tion of public or mercantile document, can there be complex crime of

estafa through falsification of public document?


Yes. Is coup detat a political c
rime? o Yes. o Political crimes are those directly aimed against the political o
rder. Any common crime committed in furtherance of a political crime is absorbed
. o The common crimes are absorbed because they are necessary to achieve the pol
itical purpose. o What about illegal possession of firearms?
Yes, it is absorbed
. See RA 8294. Art. 48 is for the benefit of the offender, under the pro reo pri
nciple. How so? o Because even if there are two crimes committed, the law only p
unishes the offender for one, although it is in the maximum period. In the eyes
of the law, the two crimes stem from a single criminal intent this is less perve
rse in the eyes of the law compared to punishing him for two crimes. o Does this
apply to the second part of Article 48? Yes, because the first act was only a m
eans done to commit the second crime. There is still one criminal resolution.
78

o How did the SC reason this out in P v. Hernandez?


Absorption in political crim
es. Read the dissent of J. Montemayor. He said that pro reo should not apply to
the second paragraph because he committed two crimes, unlike in the first paragr
aph. The majority rejected this by pointing out that both means were included in
the same provision. If the treatment for the second paragraph must be different
, then it should have been placed in a different provision. How do you define gr
ave and less grave offense? o Grave: afflictive or capital o Less grave: correct
ive Does 48 apply if one crime is under RPC and one is SPL? o No. It mentioned fe
lonies. o So punish them separately. Ex. violated estafa and BP 22. If one is und
er RPC and ordinance? o No. Punished under both the RPC and the ordinance violat
ed. Can there be a complex crime of arson and homicide? o No. Its either only sim
ple arson or simple homicide. NEVER complex. Look at intent.
79

What is the penalty for a complex crime? o Penalty for the more serious crime, a
pplied in its maximum period. To which situation does Article 49 apply to? o Onl
y error in personae. o N.B. aberratio ictus and praeter intentionem both attract
the application of Article 48 instead. What is the penalty for praeter intentio
nem? o 1. If the penalty for the felony actually committed is higher than that w
hich he originally intended, the penalty of the latter in its maximum period. o
2. If the penalty for the felony actually committed is lower than that which he
originally intended, the penalty of the former in its maximum period. o 3. If th
e act actually committed is an attempt or frustration of another crime which has
a higher penalty if consummated, the penalty of the attempt or frustration in i
ts maximum period. What are the rules in reduction of the penalties provided und
er law? o Consult the following table: Consummated Frustrated Attempted
Art. 49: penalty for error in personae

Application of penalties

Principal Accomplice Accessory


As provided -1 -2
-1 -2 -3
-2 -3 -4

What are the rules on reduction of penalties? o 1. Single and indivisible penalt
y next lower penalty
Ex. RP
RT o 2. Penalty is two indivisible penalties or one
or more divisible penalties imposed to their full extent penalty next lower in d
egree as to the lower divisible penalty
Ex. PM to RT PC o 3. Penalty is one/two
indivisible penalty and maximum period of another divisible penalty
medium and m
inimum periods of the proper divisible penalty and the maximum period of the nex
t lower Ex. RT in maximum to Death PM in maximum to RT in medium o 4. Several pe
riods corresponding to different divisible penalties
period following the minimu
m prescribed and the two next following
Ex. PM in medium to RT in minimum
PC in
medium to PM in minimum What are the rules on MCs and ACs? o 1. If the AC is tak
ing advantage of public position:
80

Impose penalty in its maximum regardless of MCs o 2. If the crime was committed
by a person belonging to an organized or syndicated crime group (group of 2 or m
ore persons collaborating, confederating, or mutually helping each other for pur
poses of gain in commission of crime
there must be an organized group, and not j
ust a conspiracy): Impose penalty in its maximum as well regardless of MCs o 3.
ACs and MCs which arise from moral attributes of offender, private relations wit
h offended party, or other personal causes:
Will only aggravate or mitigate liab
ility of those to whom the circumstances apply to o 4. ACs and MCs which consist
in the material execution/means to accomplish the act
Will only aggravate or mi
tigate liability of those had knowledge of them at the time of execution or coop
eration Why are abuse of public position and crime by syndicate/organized crime
group special ACs? o It cannot be offset by generic mitigating circumstances Wha
t is the rule for habitual delinquents? o 3rd conviction:

Penalty for last crime + PC in medium and maximum periods th o 4 conviction:


Pen
alty for last crime + PM in minimum and medium th o 5 conviction or oftener: Pen
alty for last crime + PM in maximum to RT in minimum o What is the maximum perio
d imposable for habitual delinquents?
Cannot exceed 30 years, in any case What i
s the penalty for impossible crimes? o Arresto mayor or fine of 200-500 o There
is some commentary that the penalty for impossible crime does not apply for ligh
t penalties (or else, the penalty for the impossible crime would be greater than
the crime itself) What is the rule for single indivisible penalties (now, only
RP)? o Apply it in full, regardless of MCs or ACs. o What is the exception?
Priv
ileged MCs. What are the rules applicable for MCs and ACs when the penalty is di
visible? o 1. No AC, no MC: Medium period o 2. MC only:
Minimum period
81

o 3. AC only:
Maximum period o 4. Some of both:
Offset, then apply the above 3 r
ules o 5. Two or more MC with no AC: Lower the penalty one degree, but always in
the proper period What if there are 2 or more MCs, but there is at least one AC
? No lowering by degree.
What if there are 2 or more ACs?
No increasing by degre
e. There can only be reduction by degree, not increase by degree.
Ex. if there a
re four mitigating circumstances, once you use two to lower the penalty by one d
egree, the other two are not taken into account. What if the accused is sentence
d to reclusion perpetua, has two generic MC, and no AC. Can it be lowered by one
degree? No. No matter how many MCs there are, RP cannot be reduced by degrees (
except privileged MCs) o To which crime do these rules not apply to, and what ap
plies instead?

To quasi-offenses under Art. 365. Instead, the court will apply its sound discre
tion for modifying circumstances instead of these rules. What to make of Art. 67
which applies to incomplete exempting circumstance of accident? o Article 67 is
inoperative. Apply Art. 365 instead, because incomplete accident is a quasi-off
ense. When do the regular provisions on calculation of penalty not apply? o For
the privileged mitigating circumstance in Art. 68 of minority (if 15-18 and acte
d with discernment). o But what if the minor commits a SPL, which does not follo
w nomenclature of RPC?
The minor is not entitled to privileged MC.
Ex. Life impr
isonment in Illegal Recruitment What is the rule for incomplete justifying or ex
empting circumstances? o See discussion above when to reduce it by one or two de
grees. Take note that this is a privileged MC and cannot be offset by ACs. What
two factors are considered by the court in imposing fines within a range?
82

Penalty of fine

o 1. Presence of MCs or ACs. o 2. Wealth or means of the culprit. What are the s
cenarios? o Either the law imposes a penalty of fine o OR penalty of fine AND im
prisonment o OR penalty of fine or imprisonment For example, what If the law pro
vides for a penalty of fine of not less than 50K to 100K, what can the court imp
ose? o The court has discretion to impose a fine within these bounds Will you ap
ply the ISL by analogy? o No. It does not apply here. If the law specifies penal
ty of fine OR penalty of imprisonment (Ex. BP 22), can the court impose a simila
r alternative penalty? o No. The court must make a definite choice. What are the
rules in the increase or decrease in the degree of the fine? o Increase or redu
ce (as the case may be), the maximum by 1/4th of the maximum amount. But never c
hange the minimum. o Ex. 50K to 100K, and there is an AC, then it can be 50K to
125K (1/4 of 100K), or 50K to 75K. Can the judge impose a fine as a substitute p
enalty to imprisonment?

o No. Fine cannot be used as substitute penalty to imprisonment. Penalty of fine


is independent from penalty of imprisonment. Accused drew and issued a check to
pay for an obligation, but it bounced. He was charged for BP 22. During trial,
accused paid the value of the check. So there was no more damage to the complain
ant, but the case was already pending. May the accused be convicted for a fine s
till? o Yes. Penalty of fine does not go to the offended party but the State. Wh
at if the penalty is death? o Reduced to RP with no parole. What is the rule on
successive service of sentences? o 1. If they can be served simultaneously, then
do so. o 2. Otherwise:
Follow respective order of severity, serve them successi
vely What is the order of severity?
D, RP, RT, PM, PC, AM, Am, destierro, perpet
ual absolute DQ, temporary absolute DQ, suspension, public censure o What is the
3-fold rule? Maximum duration of the sentence cannot be more than 3-times the l
ength of time of the most severe penalty.
83

For RP, treat its duration as 30 years, in calculating the three-fold rule. o Wh
at is the maximum period for sentences?
Always 40 years. Do not include subsidia
ry imprisonment penalty in the computation of 40 years. What are the penalties t
hat can be served simultaneously with penalty of imprisonment? o 1. Perpetual ab
solute DQ o 2. Perpetual special DQ o 3. Temporary absolute DQ o 4. Temporary sp
ecial DQ o 5. Suspension o 6. Public censure o 7. Fine o 8. Bond to keep the pea
ce o 9. Civil interdiction Can destierro be imposed as the same time as imprison
ment? o No. Imprisonment must be served by the convict successively, following t
he order of their severity, as provided for by Art. 71 o 2nd sentence does not c
ommence until after the first expires. What is the rule on execution of penaltie
s? o No penalty executed except by virtue of final judgment

When can public censure not be imposed? o If the person is acquitted, cannot any
more be subjected to public censure. Judge sentenced accused to 25 years RP; can
he be compelled to serve sentence? o No. There is no such sentence as 25 years
of RP; just RP (indivisible). o Remedy: writ of habeas corpus. What if the convi
ct becomes insane or an imbecile? o Suspend service of sentence and sent to hosp
ital for necessary treatment o But the civil liability should still be enforced
in spite of insanity or imbecility of the person. What is the nature of destierr
o? o Not permitted to enter the places mentioned in the sentence and within radi
us specified which shall be from 25-250 KM from the place specified. A minor is
exempt from criminal liability. Can the minor be held civilly liable? o No. The
minor is also exempt from civil liability. The parents/guardians are civilly lia
ble. o Relate with Art. 221 in Family Code:
Parents/guardians with parental auth
ority are civilly liable for the injuries
84

Civil liabilities
and damages caused by the acts/omissions of minors living in their company and u
nder their parental authority
Subject to proper defenses under law Does a comple
x crime under Art. 48 automatically mean there is only one civil liability? o No
. There are still as many civil liabilities as crimes, because Art.48 is strictl
y a pro reo provision in criminal law and does not extend to civil liabilities.
Is the adopter civilly liable for the damage caused by the adopted minor? o Yes.
What are the requirements for the employer to be civilly liable for damage caus
ed by their employees? o The employee has to be insolvent. Is a teacher liable f
or students acts? o Only when engaged in industry. Mere consulting doctors in a h
ospital negligently left gauze in the stomach of a person they operated on. Is t
he hospital liable? o Respondeat superior
because there was control exerted by t
he hospital o Are these consultants deemed employees?
Yes. Because employer-empl
oyee relationship is not determined by the nomenclature of the relationship.

o For medical negligence cases, an employeremployee relationship exists between


hospitals and their attending physicians, including medical consultants.
Ratio:
The performance of these doctors is evaluated by a peer review board based on fe
edback from patients and mortality statistics. The private hospitals can hire/fi
re/exercise control over the consultants. The hospital is owned by a private cor
poration. Is the private corporation civilly liable for the negligence of the co
nsultant-doctors? o If a hospital is owned by a private corporation, such corpor
ation may be held liable on the basis of corporate negligence or corporate respo
nsibility. As the owner of the hospital, the private corporation is duty-bound t
o see to it that the hospital meets the needs of the patients, including close s
upervision over medical staff, including consultants. When can the employer be e
xempted from subsidiary liability, or have it lessened? o If there is collusion
between employee and private complainant, ex. the claim is inflated, in order fo
r the employer to have more liability. In order for employer to be liable, what
proof is needed?

o There must be proof that the employee is insolvent. This is proven through ret
urns of the sheriff. o Can the employer challenge the sheriffs returns?
Yes. o At
what stage of the proceedings can the employer do this? Upon the submission of
the sheriffs return. If the employee is convicted based on reasonable doubt, is t
here civil liability for the employer? o Yes. The only time there is no civil li
ability is when the court holds that the accused did not commit the acts on whic
h the charge was based on. What is the rule on registered vehicles? o Regardless
of who the actual owner of the motor vehicle might be, the registered owner is
the operator of the same with respect to the public or third persons. The owner
on record is the employer of the driver; the actual operator and owner are mere
agents of the registered owner of the vehicle. o The registered owner is subsida
rily liable (not the lessee), but the registered owner can recover from the less
ee. When are civil liabilities applicable?
85

o Whether the offense is punishable by law or not. (Because it can be based on c


ontracts or quasi-delicts). There may be victimless crimes or crimes with victim
s. What is the rule for civil liabilities arising from criminal offenses? o The
moment the criminal action is instituted, the civil action is instituted along w
ith it. Can there be civil penalties for crimes defined by SPL? o Yes; however,
there must be evidence that a party, including the government, sustained substan
tial injury so that the accused may be civilly liable. If a crime is absorbed by
another crime, can there be civil liability in the absorbed crime, juridically
speaking? o Yes.
Ex. for political crimes like rebellion, sedition, etc. there c
an be murder or rape. These are absorbed by the political crime; nevertheless, t
here is civil liability for these acts.
Ex. there is criminal liability for homi
cide, even if absorbed by arson. X issued a post-dated check in payment of a cur
rent obligation. It bounced. How many crimes? o Two: BP 22 and estafa.
86

o Will X have to pay twice for the value of the check, considering there is only
one check?
No. Even if there were two crimes, there was only one check, thus th
ere should only be one payment of the check. What is restitution, and what are i
ts rules? o Must return the thing itself if possible, with allowance for deterio
ration or diminution of value o What if a third person acquired a property that
was subject of crime?
Offended party can still recover the item from that person
But the buyer in GF is entitled to reimbursement from thief or criminal. If the
stolen property cannot be returned anymore, what is the remedy? o Value of the
thing taken. o When do you determine value? At time of commission of crime or up
on order of return?
Rationale is to bring back the situation to before the crime
was committed. Value of the property in the commission of the crime must be the
basis. What is reparation?

o The court must determine the amount of damage, taking into consideration the p
rice of the thing, if possible, and special sentimental value to the injured par
ty. What other liabilities aside from restitution and reparation? o Under NCC, f
or one to be able to recover actual damages, he must be able to prove by documen
tary evidence the actual damages sustained by him o If he cannot prove actual va
lue of actual damages, what must one prove to be entitled to temperate damages?
Claimant need not prove actual amount, as long as there is proof that there is l
oss. Court may grant temperate damages, as long as reasonable. P v. Billaber: In
a charge for illegal recruitment, the money paid by the applicant (placement fe
e, etc.), o 12% interest on the return of the amount paid from time of filing of
the case until the amount has been paid. Palana v. P: The petition was convicte
d for BP 22. Ordered to pay to offended party the amount of check with interest
(6%) from filing of information until the finality of the decision + 12% per ann
um from finality of decision until the amount was paid. What are the rules for a
ctual damages?
87

o 1. For crimes and quasi-delicts


liable for all natural and probable consequenc
es of the act or omission o 2. Liability may be increased or decreased depending
on aggravating or mitigating circumstances o What damages may be recovered? Act
ual or compensatory, moral, exemplary, temperate, nominal, etc.
Reparation, rest
itution, indemnification for consequential damages Not only actually value lost,
but also lost profits. Under what circumstances can moral damages be recovered?
o 1. Crimes leading to physical injuries
Includes death o 2. Quasi-delicts o 3.
Seduction, abduction, rape, or other lascivious acts o 4. Adultery or concubina
ge o 5. Illegal or arbitrary detention, arrest, or search o 6. Libel, slander, o
r defamation When are exemplary damages imposed? o When a crime has one or more
ACs, exemplary damages may be imposed In criminal law, an AC not alleged in the
information cannot be considered. Does the

same rule apply for ACs, which can be the basis of exemplary damages under the N
CC? o No. The word aggravating in NCC should be applied in its generic sense since
it does not distinguish. Includes specific aggravating, qualifying circumstance
s, etc. These are distinct and separate from penalty of fine in the RPC. o Even
if not alleged in the complaint or information, if proven = can lead to exemplar
y damages. The rule is under the NCC and not the RPC, after all. o Ex. Even if t
reachery is a qualifying circumstance under AR 248, it can be treated as a gener
ic aggravating circumstance for the purpose of imposing exemplary damages o May
exemplary damages be awarded in arson?
Yes. It is an anti-social act. o Can relati
onship be the basis to grant exemplary damages?
Yes. Relationship may be a basis
for granting exemplary damages even if it is an inherent element of the crime (
ex. parricide). When are temperate damages recoverable? o The heirs of a decease
d in homicide, murder, parricide are entitled to actual damages, as proved by re
quisite documentary evidence. If
88
the actual damages are not proved, the court may prove temperate damages. Check
Annex 1 for detailed numbers on civil liabilities MODIFICATION AND EXTINCTION OF
CRIMINAL LIABILITY Extinction of criminal liability How is criminal liability e
xtinguished? o 1. Death of the convict as to personal penalties
For pecuniary pe
nalties, if death of the offender occurs before final judgment o 2. Service of t
he sentence o 3. Amnesty o 4. Absolute pardon o 5. Prescription of the crime o 6
. Prescription of the penalty o 7. Marriage of offended party as provided in Art
icle 344 of the RPC When does death extinguish the civil liability of the accuse
d and when does it not? o When the civil liability arises from the criminal act.
Civil liability of accused extinguished by death includes duty to restitute the
proceeds of the crime. o But civil liability predicated on a source other than
the delict survives. In this case, it can be executed against the estate. Contra
st absolute pardon from amnesty:

o Pardon: does not look back; looks to the future and is not retrospective
If he
is pardoned and commits a crime of the same title, he is still a recidivist o A
mnesty: everything is extinguished o Pardon is a private act of the President an
d must be proved by the accused, unlike amnesty, where the court can take judici
al notice because it is a public act with the concurrence of Congress. o Effects
on right to suffrage and right to hold public office: Absolute pardon granted b
y President restores civil rights, but for these two specific rights (suffrage a
nd holding public office), it must be specifically granted by the pardon What is
the rule on pardon under Art. 344? o The offended party may grant pardon to bot
h offenders, in the crime of concubinage and adultery. o Offended party may pard
on before institution of criminal complaint. o If there is conviction by final j
udgment, the President may grant PARDON EVEN IF it is a private crime. When does
marriage become a condonation? o Under 8353, the marriage between offender and
offended party in rape or sexual assault
89

will extinguish criminal liability and the penalty already imposed. o So even if
the marriage happened during service of sentence, the penalty already imposed i
s extinguished. o Supposing there are 3 accused: principal by direct participati
on, principal by indispensable cooperation, and an accomplice if there is marria
ge between principal by direct participation, does this extinguish liability for
the other accused?
Yes, they are benefited. This was the intent of the Senate w
hen they removed the original proviso stating that the coprincipal, accomplice,
and accessory do not benefit (through Sen. Enriles statement). Suppose an accused
made perjurious statements in a petition for naturalization. He was found out.
He decided to withdraw the petition for naturalization. Does this extinguish lia
bility? o No. This extinguishes merely the application but not the liability for
a crime already committed What is the amnesty period rule under BP 22? o For BP
22, when a check was issued, there were no funds. But when presented, there alr
eady were funds No liability in this case.

o If there were still no funds when presented, there is amnesty period for 5 days
to pay. If paid
No liability. Prescription of crimes When do crimes prescribe? o
Death, RP, RT 20 years o PM, other afflictive penalties
15 years o Correctional
penalties 10 years o AM
5 years o Light offenses
2 months o Libel and similar o
ffenses 1 year o Oral defamation, slander by deed
6 months o N.B. Remember 20y-1
0y-2m as the usual rule; then remember that the two mayors are 5y less than their
brethren. Remember, finally, that libel and slander are 1 year and 6 months, res
pectively. If the penalty imposed on the convict is a compound one, what is the
basis for prescription? o The highest penalty. What is the nature of destierro?
o Destierro is correctional: prescribes in 10 years What should be considered to
determine whether the crime has prescribed or not? o 1. Period of the offense c
harged o 2. Period when it begins to run o 3. Period when it is interrupted
90

Act 3326: the law defining how to compute prescription for crimes under SPL o Bu
t there are SPLs that themselves provide for manner of computing prescription o
Ex. OEC
5 years What is the rule under Act 3326? o Prescriptive period: from whe
n it is known to the offended party or to the State or agents o If not known whe
n committed, when discovered by the offended party or the State or its agents Wh
at do you mean by offended party? o Private party or government or its agents Wh
en does the period start running? o When crime is discovered by the offended par
ty, authorities, their agents When is the period interrupted? o 1. Counted when
complaint filed for preliminary investigation with public prosecutor or the OMB.
What if its a crime punishable under Summary Procedure?
When it is filed directl
y with the court Or when it is filed with the prosecutor o 2. Offender is outsid
e the Philippines this does not contemplate very brief trips abroad When does th
e period resume?

o 1. When proceedings terminate without the accused being convicted or acquitted


o 2. When proceedings are unjustifiably stopped for reasons not imputable to th
e accused How about continuing crime? When does period being to run? o Prescript
ive period runs after the occurrence of the LAST act. Supposing a document is ex
ecuted (ex. REM) and it is falsified. When does the period run? o For documents
required to be filed with the Reg. of Deeds, period begins to run upon filing wi
th the ROD. But what is the rule for marriage? o Prescriptive period should begi
n to run from when State or agents or offended party acquired actual knowledge o
f the second marriage. Unlike property registration, registration of marriage is
not constructive knowledge of marriage. What are the prescriptive periods for p
enalties? o Death and RP
20 years o RT, PM, other afflictive penalties
15 years
o Correctional penalties 10 years o AM
5 years o Light penalties
1 year

o N.B. This differs from prescription of crimes in the ff ways:


1. RT drops from
20 years to 15 years 2. Light penalties increase from 2 months to 1 year
3. Lib
el and slander have no special periods When does prescription of penalties start
to run? o The prescriptive period for penalties begins to toll when the accused
commits the crime of evasion of service of sentence. When is it interrupted? o
1. Defendant surrenders o 2. Defendant captured o 3. Goes to foreign country whe
re the Philippines has no extradition treaty o 4. Commits another crime before e
xpiration of period What is the nature and purpose of the ISL? o For benefit of
convict, and to increase economic contribution. o Purpose: to individualize the
administration of Phil. penal law. o Looks at convict as private individual, and
secondly as member of society as a whole. o The State is concerned not only in
protecting social organization against criminal acts of
Indeterminate Sentence Law
Prescription of penalties
91

destructive individuals, but also in redeeming the individual for economic usefu
lness and other social ends. What is the courts role under the ISL? o Court must
determine the maximum of the indeterminate penalty, and then the minimum. How is
the maximum determined? o Consider modifying circumstances. Note that the privi
leged mitigating circumstances must first be considered. How is the minimum dete
rmined? o Minimum is one degree lower than that provided by the RPC. o The minim
um is within the whole range of the next lower penalty, not necessarily in the s
ame period as the maximum penalty. Thus, the period of the minimum and maximum n
eed not be the same. o Minimum: court has unlimited discretion within the range
of the minimum of the penalty one degree lower than the penalty imposed by law W
ho cannot avail of ISL? o [grave crimes] o 1. Convicted and punished with death,
life imprisonment, RP
For the purpose of ISL, life imprisonment and RP are syno
nymous. o 2. Committed:

Treason, misprision of treason, proposal to commit treason;


Rebellion, sedition,
espionage; Piracy o [personal circumstances] o 3. Habitual delinquent o 4. Esca
ped confinement or evaded sentence o 5. Violated conditional pardon o [too short
] o 6. Maximum term of not more than one year o 7. Those already sentenced by FJ
upon passage of Act Obviously not applicable now, since those incarcerated then
are now dead or out of prison Does ISL apply to fines? o No, the ISL does not a
pply because it applies only to penalty of imprisonment with divisible penalty.
There are laws which expressly provide that the convict is not entitled to the b
enefits of the ISL and parole. Ex. terrorism law. When can a straight penalty be
imposed? o When BOTH minimum and maximum durations of imprisonment are less tha
n 1 year (outside coverage of the ISL). For instance, in this case, the maximum
was four months and one day. The court imposed a straight penalty of 60 days.

92

What is parole? o When the person serves the minimum of the ISL, he may apply fo
r parole. He will be allowed to leave the penal institution under certain condit
ions. (Ex. do not commit crime, etc.) o Offenders who commit crimes while on par
ole are disqualified from ISL. o This lasts for a certain period of time. o If h
e complies with the conditions of the parole, the Board of Pardons and Parole wi
ll give out final release and discharge. What if the offense is punished under a
n SPL with a definite range provided for the penalty? o The court still imposes
an indeterminate sentence, using the minimum and maximum periods provided by the
law as limits. What are the conditions that should accompany a grant of probati
on? o Mandatory conditions:
1. Report to designated probation officer within 72
hours after receipt of order 2. Report periodically to the officer at least once
a month or sooner, as determined by the officer o Discretionary: the court will
specify these What is a penalty subject to probation?
93

Probation Law

o Must not exceed 6 years (PC). o Fine must not be 200 pesos or more. Who are di
squalified from probation? o [Type of conviction] o 1. Sentenced to maximum term
of more than 6 years o 2. Convicted of subversion or any crime against national
security or public order o 3. Those who have perfected appeal o [Had prior reco
rd] o 4. Previously convicted by FJ of offense punished by imprisonment not less
than 1 month and 1 day and/or fine not less than 200 o 5. Once been on probatio
n o [Not likely to be applicable] o 5. Already serving sentence upon effectivity
of probation law
Again, this is unlikely to apply now Differentiate disqualific
ation from denial: o Denial is when a person is qualified for probation but it i
s not granted because of, for instance, dubiety in character. o Note that probat
ion is a privilege, not a right. Even if you are not disqualified, it doesnt mean
you are automatically qualified. What is the number one rule? o if you file app
eal, you lose benefit of probation. If you file for probation, you cannot appeal
. When must application for probation be filed?

o Within period for perfection of an appeal. What is the effect of probation? o


1. The sentence is suspended o 2. If the probation is violated, the entire sente
nce is served What is the rule on Probation of minors? o If the minor is incorri
gible, then he will serve the penalty of imprisonment. But he is still entitled
to probation. How did R.A. 9344 amend the Probation Law? o Because normally if y
ou appeal, you lose probation. But under 9344, it is allowed. X was sentenced fo
r three crimes, tried jointly. Each had less than a 6 year penalty. If you add t
hem all up, however, they exceed 6 years. Does probation apply? o Yes. By a vote
of 8-7, the SC said he is entitled to probation. The penalty for EACH crime is
considered, not all the crimes. X was convicted of frustrated homicide (PM). He
appealed to CA, which affirmed, but with modifications. He filed petition for pr
obation but was denied for appealing. He claimed he did not appeal from CA decis
ion. Is X entitled to probation? o No probation, because appeal that matters is ap
peal from the trial court, not the CA. What is the additional rule in RA 9372?

o Those who commit terrorism are not entitled to probation. What is the remedy i
f the court denied petition for probation? o If there was GADALEJ, the remedy is
Rule 65 (Certiorari) Soriano v. CA: In the probation that was granted, a condit
ion was that he has to submit a program of payment for the civil liability. He d
id not pay. The probation was revoked for failure to comply. Went to the CA: unco
nstitutional because he is being imprisoned for nonpayment of debt HELD: Wrong co
ntention! Imprisoned for not complying for condition of probation, not for nonpa
yment.
I: CRIMES AGAINST NATIONAL SECURITY TREASON (114)
What is the nature of treason?
o Treason differs from other crimes, because all persons are regarded as princi
pals. Those aiding or abetting, or even those not present in the scene but playi
ng just a small part are considered principals. o N.B. This is the only provisio
n in the RPC that is based on the constitution of the US (Art 3, Sec 3), and not
borrowed from Spain. This includes the need to either have: Testimony of two wi
tnesses to the same overt act
94

Or confession in open court How can a person commit treason? o 1. Levying war ag
ainst the Philippines o 2. Adhering to the enemy, by giving aid or comfort Why m
ust there be an overt act of giving aid or comfort? o Requirement of overt act o
f giving aid or comfort is to make sure that the crime of treason has moved from
the realm of thought to the realm of action. o In a case, does the mere act of
X of letting his German-aligned son stay in his house constitute the overt act o
f giving aid and comfort?
Yes. What is the purpose of the two-witness rule? o To
prevent the possible fabrication of evidence to prosecute a person. Quantity of
witnesses is not enough; the witnesses must be credible. Each witness must test
ify to the same overt act. o What if the acts are separable? If the acts are sep
arable, there must be at least two witnesses for each separable act.
No need to
have to prove the entire composite act; enough to have witnesses prove each comp
onent.
95

When is there no need for the two witnesses? o If there is confession in open co
urt, then no need for two witnesses. Is offering comfort women to enemy soldiers
giving aid and comfort? o P v. Perez: Getting women to satisfy sexual urges of
enemy soldiers is not giving aid and comfort to the enemy. o P v. Lozano: Sexual
and social relations with Japanese soldiers do not materially improve their war
effort. o N.B. J. Callejo disagrees. He thinks this is giving aid and comfort t
o the enemy. Can aid and comfort be made by speech? o Yes. Aid and comfort may b
e made by speech. Does the ISL apply? o No. The ISL does not apply to treason. T
here is a specific provision. Is treason delito continuado? o Yes. Delito contin
uado contemplates a series of acts committed over time, but only instigated by a
single criminal resolution. o Either a single act, or a series of acts impelled
by a single criminal intent. Is dual citizenship a defense? o No. Dual citizens
hip is not a defense. There must have been a prior renunciation of the Filipino
citizenship, and if this is not done, one commits treason.

Can treason be committed when a State is occupied? o Yes, as long as it remains


the de jure government, as when the Japanese occupied the PI. There are those wh
o hid the principals in treason or helped them by giving arms. Can there be acco
mplices or accessories in treason? Or are they all principals? o As long as you
performed an overt act, there is an act of treason already. There can be no acco
mplice or accessory in the crime of treason. Do exempting circumstances apply? o
Yes. Article 12 defenses APPLY. (Uncontrollable fear, etc.) o A minor who commi
tted treason is still entitled to privileged mitigating circumstance of minority
. Are Articles 13 and 14 applicable to treason? o No. The penalty does not depen
d on 13 or 14, but on the nature of the crime committed. The SC will not apply 1
3 and 14, and will just assess the crime, according to its barbarity. Is treason
a specific intent crime? o Yes. The specific intent is to deliver the country t
o the enemy. o If you dont intend to deliver the country to an enemy, then it is
mere rebellion
96

Aliens may also be guilty of treason. Under what circumstances? o If they are re
sidents of the Philippines, because as resident aliens, they owe temporary alleg
iance to the Philippines. While they are here, they are under the protection of
the Philippines. Treason is a war crime. Explain. o It cannot be committed durin
g time of peace. It may be incubated during time of peace, but once war commence
s, treason may blossom into a crime (only then). What is the relationship betwee
n treason and common crimes? o Treason absorbs common crimes. Is there a complex
crime of treason with rape, murder, etc.? o No. It is a political crime, and th
us absorbs these other component acts. These are essential elements of the crime
of treason; without these, treason could not be committed. What do you mean by
levying war? Is the mere assemblage of armed men with capacity to overthrow the
government enough or is there a need to strike? o Levying of war means an armed
body of men, committing acts of violence for purpose of overthrowing the governm
ent.

o There must be an actual assemblage of men for the purpose of executing treason
ous design by force. They must be in such a position that they may overthrow the
government. It is not even necessary that they be armed by high powered arms, b
ut it is enough that they constitute enough men to overthrow the government. o M
ere conspiracy to overthrow is not enough (see conspiracy to commit treason). Wh
at is the second mode of committing treason? o 1. Adhering to enemy o 2. Through
giving aid and comfort o N.B. BOTH elements must concur. Without one, there is
no treason by the second mode. He must translate this to overt acts. There is di
fference in quantum of evidence to prove adherence and to prove the overt act. E
xplain. o Adherence may be proved by direct or circumstantial evidence. o The ov
ert act, however, must comply with the two-witness rule, because treason is such
a heavy crime, in order to prove it, there is a higher bar. The offenders commi
tted five overt acts. Must the prosecution prove all five with two witnesses? o
No. They can prove even just one. o But note that the witnesses must be credible
.
97

Is the use of unlicensed firearms aggravating? o No. Conspiracy or proposal to c


ommit treason is a crime in itself. What if they actually commit treason? o If t
hey actually commit treason, these crimes lose their juridical personality and b
ecome mere modes. Is this a war-time crime only? o No. Conspiracy and proposal t
o commit treason MAY be committed during time of peace. What is the nature of th
is crime? o Felony by omission. o Gravamen of crime: WILLFUL or MALICIOUS concea
lment. o It is a crime by dolo although a felony by omission. Elements: o 1. Awa
re of plan to commit treason; o 2. Fails to report it to governor/mayor or fisca
l How much time? o Depends on circumstances. Who can commit this crime?
CONSPIRACY AND PROPOSAL TO COMMIT TREASON (115)

MISPRISION OF TREASON (116)

o ONLY committed by Filipinos, not foreigners. Thus, dual citizens, who are fore
igners too, may NOT be liable for misprision of treason. o N.B. compare to treas
on itself: even dual citizens can commit treason Does the two-witness rule apply
? o No. Differentiate this from accessories-after-the-fact: o Misprision of trea
son is different from being an accessory-after-the-fact. The latter hides the pr
incipal. Misprision hides the conspiracy. o Note though: This is moot because th
ere are no accessories in treason. This statement is based on a UK case. What is
the punishment? o Punished two degrees lower than treason, since the person who
committed misprision is punished as an accessory to treason. But he is still a pr
incipal of misprision of treason. Offenses: o 1. Without authority, entering war
ship, fort, etc. to obtain information, etc. of confidential nature
Relating to
national defense o 2. Possessing by reason of public office the confidential inf
ormation, etc. and disclosing them to foreign representative What is the nature
of the first mode?
98

o Consummated as long as there is intent; no need to actually obtain. The mere e


ntering consummates the crime. Is this a war-time crime only? o No. It can be co
mmitted even in time of peace 1. Inciting war or giving motives for reprisals o
By unlawful or unauthorized acts, provokes or gives occasion for a war involving
or liable to involve the Philippines o Or exposes Filipinos to reprisals 2. Vio
lation of neutrality o During time of war where the Philippines is not involved,
violates regulations of neutrality issued by government 3. Correspondence with
hostile country in ascending degree of gravity: o A. if correspondence was prohi
bited by government o B. if done through ciphers o C. if the information is usef
ul to the enemy 4. Attempt to flee to an enemy country What are the two modes of
committing piracy? o 1. Attacking or seizing a vessel on high seas or Philippin
e waters
PROVOKING WAR AND DISLOYALTY DURING WAR (118-121)

ESPIONAGE (117)
PIRACY (122-3)

o 2. Seizing cargo, equipment, or personal belongings or complement or passenger


s on high seas or Philippine Waters Who may commit piracy? o The offenders must
not be members of the complement or passengers What if they are members of the c
rew or they are passengers? o A. There is mutiny, not piracy, through:
Unlawful
resistance to superior officer or raising commotions and disturbances on board o
B. If there is taking of the implements or cargo of the vessel or the passenger
s, for them to be liable under Art 122 or 123 they must not be part of the crew
or complement. If they are passengers or crew members, the act is ROBBERY under
the RPC Arts 293, 294 What are the Qualifying circumstances? o 1. Seized a vesse
l by boarding or firing upon it o 2. Pirates abandoned victims without means to
save themselves o 3. Attended by murder, homicide, PI, or rape
Physical injuries
include frustrated or attempted homicide. It must be used in its generic term.
What is the effect of RA 7659?

o RA 7659 merely expanded Arts 122 and 123, but under PD 532, there can be a sep
arate crime of Piracy in Phil. waters or high seas from piracy in Phil. waters o
r high seas in Arts 122 and 123. When does PD 532 apply then? o PD 532 one must
prove that the perpetrators were purposely organized not just for one act of rob
bery, but several indiscriminate commissions thereof. There must be evidence of
similar attempts or takings before. o If there is only one, either Article 122,
123 or 293, 294 (robbery). What is the nature of piracy on the high seas? o Its a
crime against the law of nations. o Piracy on high seas has two aspects:
1. Vio
lation of common right of nations 2. Criminal liability of the pirates may be im
posed by municipal law of the country, where found Arts 122, 123: o 122-3 makes
mention of the complement of vessel. Who are these?
Under Art 648 of the Code on
Commerce, these are all persons on board, from the captain to the cabin boy Wha
t is the relationship of piracy with the common crimes committed to accomplish i
t?
99

o For these common crimes to be an element of piracy, they must accompany the cr
ime of piracy. There is no complex crime of piracy with rape, or murder, or PI.
There is only one crime of piracy. It is a single, indivisible offense. Do not a
pply Art 48.
EVEN IF a lot of people died or were raped, there is still one crim
e of piracy. o But if these crimes were committed after the piracy has been comm
itted, they become separate crimes. Does the use of an unlicensed firearm (RA 82
94) qualify piracy? o No. Even if they used unlicensed arms or explosives, there
is no violation of this statute. Philippine waters is defined differently in PD
532, from that in the Constitution: o High seas: all parts of the sea not inclu
ded in the EEZ o EEZ: not extend beyond 200 nautical miles from shoreline RA 937
2 (HSA) o Piracy in Philippine waters and the high seas are predicate crimes of
terrorism. If these are committed for purpose of sowing terror in the population
, then terrorism is committed, with these as predicate crimes. o RA 6235 aircraf
t hijacking is a predicate crime for terrorism under RA 9372 too
100

What are the punishable acts under RA 6235? o 1. Compel a change of course of a
Philippine aircraft or seize control thereof while in flight
When is it in flight?
When all the external doors are closed after embarkation. o 2. Compel foreign a
ircraft to land in Philippine territory or seize control thereof while in the Ph
ilippines o 3. Ship, load, or carry in public passenger aircraft explosive, corr
osive, flammable, or poisonous materials o 4. Ship, load, or carry in cargo airc
raft any of the same materials against regulations by the Civil Aeronautics Asso
ciation What are the special aggravating circumstances for the first two offense
s above? o 1. Firing upon the pilot, crew, or passenger of the aircraft o 2. Exp
loded or attempted to explode a bomb to destroy the aircraft o 3. Accompanied by
murder, homicide, PI, or rape (same as last ground of piracy) P v. Catantan: Th
ere is crime under PD 532 even if offender did not seize the vessel, but merely
boarded it and inflicted PI on the occupant or owner. What is terrorism?
R.A. 9372 HUMAN SECURITY ACT

o Sowing widespread and extraordinary fear and panic among the populace to coerc
e the government to give into an unlawful demand, and committing the following a
ny of the acts enumerated. What are the enumerated acts? o Under the RPC
1. Pira
cy or mutiny 2. Rebellion/insurrection
3. Coup detat
4. Murder
5. Kidnapping and
Serious Illegal Detention 6. Crimes involving destruction o Under special law
1.
PD 1613 law on arson 2. RA 6969 toxic substances and nuclear waste act
3. RA 52
07 atomic energy regulatory and liability act 4. RA 6235 anti-hijacking law
5. P
D 532 anti-piracy and antihighway robbery law 6. PD 1866/RA 8294 illegal possess
ion of firearms and unlawful manufacture/use of explosives Who are liable? o 1.
Principals o 2. Accomplices
101
o 3. Accessories o 4. Conspirators (even if not yet executed) II: CRIMES AGAINST
FUNDAMENTAL LAW ARBITRARY DETENTION (124) Elements: o 1. Offender is public off
icer or employee o 2. Detains person o 3. Without legal ground What is gravamen
of the crime? o Detention without legal grounds by public officer or employee, o
f another person. How do you distinguish this from kidnapping? o Arbitrary deten
tion: public officer or employee vested with authority to arrest or detain anoth
er person detains another without any lawful cause. o Kidnapping: offender is a
private person and the purpose is to deprive the victim of his or her liberty. W
ho are liable for arbitrary detention? o Public officers or employees authorized
to detain another person. o Ex. PNP, NBI, even judges acting in official capaci
ty Who are persons in authority, or agents of persons in authority authorized to
detain?

o LGC, Sec. 338:


Punong barangay
Members of sangguniang barangay
Members of lupo
ng tagapamayapa
N.B. They are persons of authority but limited to their jurisdic
tion, in their respective barangays. If they arrest beyond their barangay, they
are NOT persons in authority under this provision. o Art. 152
Barangay captain B
arangay councilman Barrio policeman o Forestry Code
District foresters are autho
rized to enforce Forestry Code and may arrest violators. Forest officers or empl
oyees of bureau of forest management they do not even need a warrant of arrest t
o arrest. o Sec. 44 of RA 9165 Dangerous Drugs Law School heads, supervisors, an
d teachers are persons of authority, for the purpose of enforcing the Dangerous
Drugs Law within school premises or outside school premises in an official schoo
l activity o Are the members of the CAFGU persons in authority?
102

Yes. They are authorized to carry firearms, to complement the operations of the
regular force of PNP; they are composed of civilian volunteers. Under EO 264, th
ey MAY arrest. So they can be liable for arbitrary detention. May a private pers
on be liable for arbitrary detention? o Yes, but only if the private individual
connives with the person in authority. What do you mean by detention? o Psycholo
gical restraint and not just physical restraint is enough for this provision, in
whatever form, for whatever length of time.
Ex. keeping a child in a room, thre
atening her with a big gun o Fear has been known to make people immobile. This i
ncludes threats to kill, and similar threats. This is equivalent to using actual
physical force to detain. Take note of circumstances where people can be arrest
ed without a warrant (in flagrante delicto, etc.). Failure to comply with these
exceptions and yet arresting without warrant is Arbitrary Detention. Usual cause
of Arbitrary Detention charge is arresting a person without warrant. o Ex. a pe
rson evading his sentence may be arrested on the run without a warrant, because
he is committing an offense in flagrante delicto.

o David v. Arroyo: Mere fact that the accused was wearing a t-shirt saying oust G
loria now is not a reason in itself to be arrested for inciting to sedition. o P
v. Lozada: Hot pursuit based on actual facts, with the use of the senses of the
policemen, with reasonable basis to believe that the person arrested is the auth
or of the crime, etc. Under the HSA, may a person be arrested for act of terrori
sm, and for how long must the arrested person be detained? o Maximum of three da
ys. How may arbitrary detention be committed? o Arbitrary detention may be commi
tted by dolo or culpa.
Ex. of culpa: Re-arresting a person who was released by m
eans of order of the court. May there be a complex crime of arbitrary detention
with PI? o Yes. This happens when there is excessive force in the arrest. Are th
e periods provided in Article 124 essential elements of the crime? o No. These j
ust provide a guide for calculating the sentence. What if a person arrested is l
ater acquitted after trial?
o This is fine. He need not ACTUALLY be convicted as having committed a crime en
ough to examine the nature of his deed and how the officer at the moment charact
erized the act. (Existence of probable cause) ARBITRARY DETENTION
DELAY PRISONER
S TO JUDICIAL AUTHORITIES (125)
THROUGH IN DELIVERY OF

Elements: o 1. Offender is public officer or employee o 2. Detained a person leg


ally o 3. Fails to deliver person to proper judicial authorities within proper t
ime period Under the HSA, what are the duties of those conducting custodial inve
stigation? o N.B. More expansive than duties in RA 7438 (Act defining rights of
persons under custodial investigation) o Before detaining a person after warrant
less arrest, he MUST first deliver the person to the nearest office OR RESIDENCE
of a judge, so judge can:
1. Ascertain identity of officer and arrested person
2. Determine circumstances behind arrest 3. Check for torture, or other abuses o
Then, the judge delivers within 3 days to nearest court with jurisdiction his r
eport.
103

Does the law apply to crimes defined by SPL? o Depends, if the penalties used fo
llow the nomenclature of the RPC. How do you determine the imposable penalty? o
12 hours light o 18 hours correctional o 36 hours afflictive o (3 days under the
HSA) o What is the basis for the nature of the crime?
What crime as it appears
to the arresting officer, and NOT what the crime actually turned out to be. What
is delivery to judicial authorities? o Means constructive delivery, which is ti
me the appropriate complaint or information is filed, with the court for appropr
iate judicial proceedings. N.B. Not a Preliminary investigation. (Theres a reason
why resorting to preliminary investigation requires waiver of Art. 125 under Cr
im. Procedure) Take note of rules on inquest. Art. 125 talks about those LAWFULL
Y arrested, but there was no immediate delivery to the courts.
The inquest must
be terminated within period stated in Art. 125. Or else, the

policeman will be liable under this provision. To whom must the detainee be deli
vered? o MTC, RTC, Family Court, or SB o Not to the CA, not to the SC. They are
not trial courts. If there was no warrant of arrest or commitment order, but the
information or complaint was filed, is there delivery? o Yes. Alvior v. Auguis:
[Context: before, the MTC may still conduct PI, but now they cannot under the a
mended ROC.] The person was lawfully arrested then delivered to MTC, but the jud
ge was not there. The arresting officer did not release the detainee. He just de
livered to the clerk of court. HELD: Liable for failure to deliver, because the
clerk cannot conduct PI anyway and the judge was not there. o Note: If the case
is cognizable by the OMB or Sandiganbayan
there is agreement between OMB and DOJ
, where the DOJ can conduct PI but they have to submit findings to the OMB. How
does Art. 12, par. 7 apply as defense? o There can be defense of insuperable cau
se for delay in delivery. What about delay in delivery of a person arrested lawf
ully by a private person?
104

o Delay in delivery of a prisoner arrested lawfully by a private person amounts


to ILLEGAL DETENTION, not arbitrary detention. Does Art. 125 apply to arrests wi
th warrant? o No. Article 125 only applies to warrantless arrests. What if the o
fficer fails to comply with Article 125? o Failure of officer to comply with Art
icle 125 does not affect the legality of the confinement. What is the nature of
this crime? o Another crime by omission. Acts punishable: o 1. Officer delays re
lease of arrested person (either convict or detention prisoner) beyond period pr
ovided. o 2. Unduly delays service of notice of such order to the prisoner o 3.
Unduly delays proceedings upon petition for liberation
Proceedings mentioned in
the article: petition for habeas corpus Offenders: o Heads of jail or penal esta
blishment o Custodial guards Who may order release of prisoner? o Either the cou
rts or the prosecutor, or the director of Bureau of Prisons
105

What is the penalty? o Same penalty as 124, because failure to release is tantam
ount to arbitrary detention. When is one liable for expulsion? o He must use for
ce, violence, or other measures to compel another to change his residence agains
t his will Who can commit this crime? o Can only be done by public officers or e
mployees. o What if the person is not one?
If NOT authorized, then the crime is
trespass to dwelling. Relate to RA 9165, Sec. 31: o In addition to the penalty p
rovided for in the DDA, any alien who violates the provision must be deported im
mediately without further proceedings, except if the penalty is death (although
no more DP under RA 9346) Under Probation Law: may the person be compelled to ch
ange his residence? o Yes. Sec. 10. The court may require the probationer to res
ide in a place designated by court, and may not change residence without prior n
otice. Marcos v. Manglapus: Heirs of the late President Marcos are barred from r
eturning to the Philippines.
EXPULSION (127)
ARBITRARY DETENTION THROUGH DELAY IN RELEASE (126)

What is the power of the President to deport? o With respect to aliens, with res
pect to the Deportation Board, the President has the power to deport aliens. Wha
t is the effect of an extradition treaty? o If the Philippines has an extraditio
n treaty with another country, may compel a person in the Philippines to be depo
rted and extradited to that other country. HSA RA 9372 one charged with terroris
m may be granted bail, but placed under house arrest under usual place of reside
nce until further order of court. May be violated through 3 modes: o 1. Entered
dwelling o 2. Searched without consent o 3. Entered and refused to leave If all
three of these modes are committed, how many crimes are committed? o Just one. R
emember, these are modes and not individual felonies. Who may commit this crime?
o May only be committed by public officers or employees with authority to arres
t, or to seize property of another. o Article 128 does not apply to public offic
er or employee who entered dwelling of another in hot pursuit.
106

VIOLATION OF DOMICILE (128)


Is it possible that the consent of the owner of the house is denied impliedly, a
nd not expressly? o Yes. It may be implied or express, in spite of the laws langu
age (without the previous consent of such owner) What if there is unusual ingress?
o If entry is made through a way not intended for ingress, there is entry again
st will of owner denial is implied Owner: does this include lessee of the house? o
Yes. Residence under this provision is the place where the person is habitually
present; and from where he departs and intends to return.
WARRANT MALICIOUSLY OBTAINED, OR ABUSE IN
SEARCH
SERVICE OF WARRANT LAWFULLY OBTAINED (129)

Acts punishable: o 1. Procuring search warrant without just cause o 2. Exceeding


authority or using unnecessary severity in executing legal search warrant Does
Article 48 apply in this instance? o No. Remember: 129 is an EXCEPTION to Art. 4
8. When a public officer obtains maliciously a search warrant by submitting a pe
rjurious affidavit or deposition, there are TWO crimes committed
1. Perjury; and

2. Procurement of malicious search warrant o Basis of this statement is the phra


se in addition to the liability attaching to the offender for the commission of a
ny other offense If the officer applied for search warrant without probable cause,
and uses the warrant to extort money. Is the police officer liable for maliciou
s procurement? o Yes. Because he was acting in BF. There was malice. o If the po
liceman applied for a warrant in GF, but it was denied, there is no crime commit
ted. If officer knew deposition was false, but still submitted it to obtain warr
ant, what are the crimes? o 1. Procurement of malicious search warrant o 2. Art.
184 offering false testimony in evidence What is the liability of the one who m
ade the deposition and knew it was false, but still came up with deposition? o P
erjury Mode 2: when a search warrant was lawfully obtained, BUT in the enforceme
nt, the officer EXCEEDED his authority. o Usual example: the items seized were n
ot in the warrant.

o Exception: plain view. But if not in plain view, he would exceed his authority.
Can an officer break open a door? o Officer may break open the door, if he is re
fused entry upon knocking and identifying himself as an officer. o Knock and anno
unce rule in warrants, BEFORE breaking a door. o Breakage: includes lifting latch,
unlocking chair or hatch, turning knob, etc. Does Article 129 apply to searches
by employees of the Bureau of Customs? o No, because authority is based on Art.
2203 of Tariff and Customs Code, in enforcement of customs law. o N.B. BOC offic
ials do not possess authority to do searches in domicile
DISSOLUTION OF PEACEFUL
PROHIBITION, INTERRUPTION, MEETINGS (131)

Who can commit this crime? o Only committed by public officers. o If done by a p
rivate person, it is serious disturbance/tumults (Art. 153). What if it is commi
tted by a member of the meeting? o Its not interruption of peaceful meeting. It m
ust be done by a stranger to the meeting.
107

o If done by a member of the meeting, it is unjust vexation Acts punishable: o 1


. Prohibiting/interrupting/dissolving peaceful meeting without legal ground
If t
he meeting is not peaceful, it can be broken up o 2. Hindering persons from join
ing lawful association or preventing them from attending o 3. Prohibiting or hin
dering persons from petitioning to authorities for correction of abuses or griev
ances Interruption of religious worship Offending religious feelings Punishable
acts: o 1. Physical torture Act imposed by a person in authority or his agent up
on a person in custody that causes severe pain, exhaustion, dysfunction, or disa
bility o 2. Mental or psychological torture
Act imposed by a person in authority
or his agent which is calculated to affect or confuse the mind or undermine a p
ersons dignity or morale

CRIMES AGAINST RELIGIOUS WORSHIP (1323)


R.A. 9745 (ANTI-TORTURE ACT)
108
o 3. Other cruel, inhuman, and degrading treatment
Act of deliberate and aggrava
ted treatment not falling under the two above, imposed by a person in authority
or his agent upon a person in custody causing severe suffering, gross humiliatio
n, or debasement o 4. Secret detention, solitary confinement, incommunicado Can
torture or CIDT be justified by war? o No. It is jus cogens. Who are liable? o 1
. Principals (all three kinds) o 2. Superior military/police official or senior
government official who gave an order
Liable as principal o 3. Immediate command
ing officer of the unit or immediate senior public official who knew of the tort
ure/CIDT and couldve prevented it but didnt o 4. Accessories:
A. Profiting from to
rture/CIDT (knew of it) B. Concealing the torture/CIDT or destroying effects/ins
truments C. Harboring, concealing, helping the principal escape What are the spe
cial aggravating circumstances?

1. Torture resulting into death 2. Torture resulting into mutilation 3. Torture


with rape or sexual abuse 4. Torture where victim became insane, an imbecile, im
potent, blind, or maimed for life o 5. Against children What is the nature of to
rture? o It is a separate and independent crime. It does not absorb and is not abs
orbed by any other felony or crime committed as a means or consequence thereof.
What is the applicability of the RPC? o 1. It is suppletorily applicable o 2. An
y crime punished as a Crime against Persons (Title 8) and Crimes against Persona
l Liberty and Security (Title 9) and attended by any of the acts constituting to
rture/CIDT are punished in their maximum period. So what is the dual nature of tor
ture (important)? o Torture is both an aggravating circumstance and a separate a
nd independent crime in itself Can torturers be subject to amnesty? o No, by exp
ress provision, as to not depreciate the crime
o o o o
III: CRIMES AGAINST PUBLIC ORDER Rebellion, sedition, disloyalty REBELLION OR IN
SURRECTION (134)
What are the elements of rebellion? o 1. Rising publicly and ta
king arms against the Government o 2. For purpose of removing from Phil. allegia
nce the territory of the Philippines (or any part thereof or naval/armed forces)
, depriving the President or Congress of any of its powers or prerogatives Disti
nguish rebellion from insurrection: o Rebellion overthrow government and superse
de it o Insurrection minor change as to certain matters in government or to prev
ent exercise of government authority as to certain matters What is the nature of
rebellion? o Insurrection and rebellion are both political crimes. o Involves a
ny part of the country; or whole country o Can be private or public individuals
o Rebellion is a vast movement of people; involving multitudes Is rebellion a co
ntinuing crime?

109

o Yes. SC declared that rebellion is by nature, a continuing offense, which diff


erentiates it from other offenses. It may be committed by a single or a series o
f acts for achieving any or all of the purposes stated in the RPC provision. Wha
t must concur for rebellion to exist? o For rebellion to exist there must be int
ent + overt acts. o Common crimes are absorbed by the political crime. o But eve
n if the common crime is absorbed by the political crime, there may be civil lia
bility for these predicate crimes. The liability under the NCC is apart from lia
bilities in the RPC. May there be frustrated rebellion? o No. When the intent +
overt acts are present, the crime is consummated. There is no need to achieve th
e goal. o Likewise, no frustrated coup detat. o No need for actual clash. Is bein
g a member of the CPP rebellion? o No. Mere membership in CPP is not rebellion.
But being a member of the NPA, the military arm of the CPP, constitutes rebellio
n. Is subversion a crime? o No more crime of subversion. Rebellion is a crime ag
ainst public order. What about terrorism?

o It is a crime against national security and the law of nations. o There can be
a crime of international terrorism; it a crime much like international piracy,
where anyone may capture the suspected terrorist anywhere. Can there be a comple
x crime of terrorism with rebellion? o No. Rebellion is simply a predicate crime
of terrorism. o Why is rebellion a predicate crime of terrorism?
Because commit
ting rebellion can sow widespread fear. In the same way, murder is a predicate c
rime, because multiple murders or maybe murdering one key person like the Presid
ent could cause widespread panic or fear. How is terrorism different? o Terroris
m is different because the purpose is to achieve the illegal demand on the gover
nment. It may be political, and it may not it may be purely monetary. What is th
e main difference between terrorism and rebellion? o For terrorism, there must b
e widespread panic and fear; and there must be an unlawful demand against the go
vernment.
110

NOTE: terrorism is a specific intent crime, as with rebellion so there is a diff


erence in the o In contrast, rebellion is merely a crime against public order. O
bjectives: 1) remove allegiance to government of the Phil. Territory or any part
; 2) or deprive Chief Executive or legislative of powers/prerogatives COUP DETAT
(134-A)
Elements of coup detat? o 1. Swift attack accompanied by any of the modes
below, o 2. Against:
A. Duly constituted authorities of the Philippines B. Any
military camp or installation, communications network, public utilities/faciliti
es for exercise of power o 3. Carried out by military or police or public office
rs With or without civilian support o 4. To seize or diminish State power What i
s the nature of coup detat? o Also a political crime o Intent is to diminish Stat
e power (eminent domain, taxation, police power) What are the modes by which cou
p can be committed?
111

o Violence, intimidation, threat, strategy, stealth + swift attack Does it absor


b common crimes? o Some, but not all common crimes o Is rape absorbed by coup?
o. Rape cannot be absorbed, because it does not help forward the power of dimini
shing power (unlike in rebellion, where rape would help sow public disorder.) o
What about murder in coup detat?
It can be absorbed, because it helps further
intent. o What about use of explosives? Use of explosives is absorbed by coup
tat (RA 8294) Is there a frustrated crime of coup detat? o No. The moment there
s intent + swift attack, the crime is consummated, even if the purpose is not ac
hieved. o There can be attempted coup detat, but not frustrated.
TO COMMIT

N
the
de
i

CONSPIRACY AND PROPOSAL INSURRECTION, OR COUP (136)


REBELLION,

Omil v. Ramos: Conspiracy to commit rebellion or coup detat is a continuing crime


. (Believe it or not, according to J. Callejo)
DISLOYALTY (137)

When is there disloyalty? o 1. Failed to resist a rebellion by all the means in


their power
Mode: crime of omission
May invoke Art. 12 (fear, force, intimidatio
n, etc.) o 2. Continuing to discharge functions o 3. Acceptance of public positi
on Is motive material? o Motive of public officer is immaterial; whether it is g
ratuitous or not When does disloyalty lose juridical existence? o If the officer
commits overt acts of rebellion (e.g., he continues discharging his office and
he commits murder or malversation to help the rebels), then the crime becomes re
bellion, not disloyalty What is the punishable act? o Writings or speech must be
done with intent to induce the readers or listeners to commit rebellion or insu
rrection What if the listeners do not act upon the incitement? o If the listener
s are not incited, they are not guilty of any crime. But the person speaking is
guilty for inciting. What if the listeners are incited to rebel?
112
o If the listeners are incited to commit rebellion, all of them, including the i
nciter, are ALL principals for the crime of rebellion
Inciter
PDI
Listeners
PDP
SEDITION (139) What is sedition? o Sedition is the raising of commotion or distu
rbance in the state; revolt against legitimate authority, public corporation, so
cial classes, etc. o Ultimate objective: violation of the public peace Elements
of sedition? o 1. Rise publicly and tumultuously o 2. To obtain by force, intimi
dation, or other illegal methods o 3. Any of the following motives/purposes disc
ussed below Key term: o Publicly and tumultuously o What is tumultuously?
Full of pu
blic commotion, or uproar. Essence: intent + tumultuous uprising o When is there
public uprising?
Tumultuous public uprising more than Is it a public crime?

INCITING TO REBELLION OR INSURRECTION (138)

o Yes. Sedition is a crime against public order and the tranquility of the gener
al public When is the crime consummated? o Again, the crime is consummated upon
concurrence of intent + overt acts. Motives: o [Preventing exercise of functions
of execution of law] o 1. Prevent promulgation or execution of and law, or hold
ing of popular election o 2. Prevent National, provincial, or municipal governme
nt or officer from exercising functions or preventing execution of AO
N.B. no bar
angay official in the enumeration o [Act of hate or revenge] o 3. Inflict act of
hate/revenge upon person or property of public officer or employee Contrast with
direct assault: here, there is tumultuous public uprising o 4. Commit act of ha
te/revenge against private persons or social class, for political or social end
o [Despoiling] o 5. Despoil any person, municipality, or province, or National G
overnment of all its property or part thereof, for political or social end What
laws are included in par. 1?
113

o Laws in general, even political in nature, as well as civil and criminal laws;
ordinances of municipal or provincial boards Who are the officers included in p
ar. 2? o Includes judges and justices, and constitutional officers; municipal co
uncil, provincial government or board o BUT NOT barangay officials or council
Al
though they are included in par. 3 In both rebellion and sedition, there is a pu
blic uprising. What is the difference? o Rebellion to achieve political purpose,
they take up arms o Sedition
as long as tumultuous; they do not take up arms, b
ecause they do not intend to overthrow the government o three persons who are ar
med participating therein What are crimes of hate/revenge in paragraphs 3/4? o C
rimes against persons (murder, etc.) o Crimes against property (arson) o Victim
may be private or public officials, whether of national or local government What
about crimes of murder, homicide, PI, arson, committed by those committing sedi
tion are these absorbed? o NO! They are not absorbed. Neither are these complexe
d. DO NOT apply Art. 48

o They are are separate and independent crimes


Ex. P v. Cabrera- guilty of sedit
ion, and murder as separate crimes o N.B. Differentiate from rebellion or coup w
hich allows absorption. Neither rebellion, coup, or sedition allow complex crime
s. When can there be a complex crime involving sedition? o Sedition and Art. 143
/144 (prevention of meeting of board/Congress) No crime of proposal to commit se
dition; just conspiracy Does freedom of speech include inciting sedition? o No.
Freedom of speech does not protect inciting to sedition Punishable acts: o 1. In
citing others to commit acts of sedition o 2. Uttering seditious words or speech
es tending to disturb public peace o 3. Writing, publishing, circulating scurril
ous libels and government or authorities tending to disturb public peace o N.B.
For #2 and 3, no need to have any of the enumerated purposes

Article 142 punishes also those who conceal such evil practices (inciting to sedit
ion). What does this imply? o Concealing such evil practices is not an act of an a
ccessory in this case, but an act of a principal.
Crimes against popular representation ACTS
PREVENTING MEETING OF
CONGRESS
AND SIMILAR
CONSPIRACY TO COMMIT SEDITION (141)
BODIES (143)
INCITING TO SEDITION (142)

Elements? o 1. Through force or fraud o 2. Preventing the meeting of the Congres


s, any of its subcommittees/subdivisions, constitutional commissions, or provinc
ial/city/municipal board
Meeting of barangay council is not included here
Liable
for grave coercion under Art. 286 May be committed by public officers or employ
ees Two modes of committing this crime? o 1. Disturbing the meeting of the bodie
s enumerated, or o 2. In the presence of any of such bodies enumerated, behaving
in a manner as to interrupt proceedings or impair due respect
DISTURBANCE OF PROCEEDINGS (144)
114

Who must commit this crime? o Offender must NOT be a member of the body disturbe
d; he must be a stranger to the deliberative body N.B. Again, barangay council m
eeting not covered by this provision Can there be a complex crime? o Yes. If the
y commit crimes of violence like homicide to disturb the meeting, there CAN be a
complex crime under Art. 48 Elements of first mode? o 1. Through force, intimid
ation, threats, fraud o 2. Prevent a member of Congress from:
attending session
or meeting expressing opinions or casting vote Elements of second mode? o 1. Pub
lic officer or employee o 2. Arrests or searches member of Congress o 3. While C
ongress is in regular or special session o 4. Unless the crime committed is more
than 6 years Correlate with the Constitution: o Art. 145: amended by 1987 const
itution. Parliamentary immunity only applies up to prision correctional (the pro
vision says prision mayor).
115

o Ex. If a congressman is in possession of lowcaliber gun, he is protected (sinc


e this is up to 6 years only) o Ex. But if the gun is high caliber, he is not im
mune (this is prision mayor) They are also immune from searches under this provi
sion. But it is not in the Constitution.
Illegal assemblies and associations ILLEGAL ASSEMBLIES (146)
Two forms of this c
rime : o 1. Meeting conducted for the purpose of committing any crime punishable
under RPC AND there were armed persons o 2. Meeting where audience is incited t
o commit treason, rebellion/insurrection, sedition, or direct assault
Whether ar
med or not Who are the leaders or organizers of illegal assemblies? o May be det
ermined by their speeches, publications, pamphlets, banners, leaflets indicating
roles and responsibilities If there is one with an unlicensed firearm, and he a
ttended an illegal assembly, is he liable for RA 8294? o No, because he is commi
tting another crime. So he cannot be guilty of violating RA 8294.
VIOLATION OF PARLIAMENTARY IMMUNITY (145)

Under the first form, a meeting with presence of an armed person to achieve a cr
ime in the RPC is proscribed. If they ACTUALLY commit the crime, what happens to
illegal assembly? o It loses its juridical existence. It becomes a mere prepara
tory act. What about the second form? o It is a point of disagreement as to the
liability of the person who incites the commission of treason, rebellion/insurre
ction, sedition, or direct assault:
Some say the crime is inciting to rebellion
or sedition BUT the problem is, it is an element of illegal assembly (146), so h
ow can one commit inciting to rebellion or sedition? o J. Callejos opinion: If th
e inciter is NOT a member of the assembly (an outsider) he is liable for incitin
g. If the inciter is a member the government has two options to charge with:
1.
Illegal assembly, or 2. Inciting to rebellion or sedition What is the presumptio
n if one carries an unlicensed firearm to the meeting? o 1. Presumed that the pu
rpose of the meeting is to commit violations of the RPC
116
o 2. The person will be considered a leader or organizer of the meeting (and is
punished PC instead of AM) ILLEGAL ASSOCIATIONS (147)
What are the two types of
illegal associations? o 1. Totally or partially organized to commit any of the c
rimes in the RPC o 2. Totally or partially organized for some purpose contrary t
o public morals What are public morals? o Estrada v. Escritor: those which are de
trimental or dangerous to conditions helpful for the advancement of society o Not
religious morality, but secular morality. What was added by RA 9208 (anti-traff
icking law)? o Punishes association organized to propagate or promote immoral do
ctrines, obscene publications or shows, sex tourism, sexual exploitation, pornog
raphy What was added by the HSA (RA 9372)? o Sec. 17: Public officers may petiti
on that an association may be declared as one composed of those conspiring to co
mmit terrorism

Assault upon, resistance, or disobedience to PIAs or their agents DIRECT ASSAULT


S (148)

What is the purpose of Article 148? o Intended to protect those exercising offic
ial functions and to guarantee dignity and authority What is the nature of Direc
t Assault? o It is a FORMAL CRIME. It is not a material crime. o There can be no
attempted or frustrated direct assault. o It is consummated when a person of au
thority is attacked with force or met with serious intimidation or resistance Wh
at are the forms of direct assault? o 1. Without public uprising, use force/inti
midation to attain any of the purposes in rebellion or sedition:
[Rebellion]
A.
Remove allegiance from Philippines the national territory or any part thereof, d
epriving President/Congress of powers over it
[Sedition] B. Prevent exercise of
powers/execution of law
C. Acts of hate/revenge against public officer or social
class for political or social end

D. Despoiling any person or public subdivision of property for political or soci


al end o 2. Attack, use force, or seriously intimidate or resist a PIA or any of
his agents
While in the performance of duties Which is more common? o The first
form rarely occurs (its difficult and rare to achieve these ends without a publi
c uprising) o Second form is more common Who may be liable in second form? o Pri
vate individual, person in authority, or agent of person in authority Under what
circumstance is direct assault committed? o Crime may be committed when PIA or
agent is performing duty o Or he was attacked for past performance of duty What
does seriously qualify? o Seriously qualifies only intimidate and resist but not atta
or the use force, which only requires a laying of hands o So if there is use of
force, degree of force is not material. Degree is only important for intimidatio
n or resistance. Is motive important? o For second form, motive is not important

117

o For first form, when one is not performing his duty, then motive comes into pl
ay What are the elements of the second form? o 1. The public officer was perform
ing his duty or was attacked for past performance of duty
A public officer goes
to a locality to solemnize a marriage and then he returns to his office. En rout
e, he is assaulted. Is it direct assault? Yes. When he is going back to his publ
ic office after solemnizing the marriage, the going back is part of his official
duty. If a mayor is attacked for past performance of duty, is it direct assault
? Yes.
X attacked a barangay kagawad, but hit the barangay chief tanod who was j
ust sitting around. Is it direct assault?
No. The tanod is not performing his du
ty at the time he was hit. o 2. Accused knew or ought to have known that he was
a public officer or an agent thereof Case: an officer in civilian clothes was su
rveying a public market. Was there DA?

No. Because the accused did not know that the accused was a police officer who w
as on 24 hour duty.
And the accused killed the victim on a personal grudge. o 3.
He attacked, used force, or seriously intimidated/resisted the PIA or his agent
What does Agent include?
Police, Malacanang confidential agent, sheriff Municipal
treasurer (since he is only a deputy ex-officio of the provincial treasurer)
Po
stmaster Agents of BIR o 4. Qualified if:
1. Committed with a weapon 2. Offender
is public officer or employee 3. Laid a hand on the PIA What if there is an agr
eement to fight? o Husto v. CA Husto is an academic supervisor. The victim, an a
cademic supervisor too, wanted to transfer a favorite teacher to Poblacion. Hust
o disagreed. They agreed to fight. When they were just about to go out, Husto co
uld not wait; he grabbed an ashtray and smashed it against the others head.

118

o HELD: It was direct assault because they did not fight outside What if the off
icer exceeds his authority? o P v. Fook: Fook, a Chinese person, went to the Phi
lippines. He got body searched in immigration and he passed. He went back becaus
e he forgot something. He got body searched again. He got upset and resisted. He
was charged for direct assault. o HELD: No direct assault. The PIA or his agent
who exceeds his power is NOT in the exercise of the functions of his office. He
re, they body searched Fook TWICE, which is beyond the scope of duty. o Resistan
ce is legitimate against PIA or agent who exceeds authority. How much resistance
can be done depends on the extent of excess of authority. o When is one not lia
ble for resistance?
For one not to be liable for resistance, the resistance must
be co-extensive with the excess of authority, and just sufficient to repel the
excess or abuse What does lay a hand mean? o To inflict upon PIA or agent a physic
al attack; holding; shoving; etc., with intent to cause evil or injury o When a
person lays a hand over PIA, the crime is direct assault. It is not necessary to
119

ascertain what force the law requires, since the law itself defines the force by
providing the term laying a hand. When is force or intimidation serious enough? o
Depending on circumstances of the particular event. In the following cases, the
re was direct assault: o Accused punched a police officer several times o Accuse
d struck police officer with pen knife and wounded him o Accused tried to stab t
he police officer but he missed still DA (so need not actually strike the PIA) o
Accused struck judge with dagger, after the judge convicted him of theft Recall
that DA is qualified if committed with a weapon. What is the special nature of
qualified direct assault with the use of a weapon? o It is a special aggravating
circumstance; cannot be offset by generic MC. o Not enough to merely carry a we
apon. He must use the weapon to assault the victim. o Mere aiming of a gun at a
PIA is qualified direct assault because there is intimidation, with use of weapo
n. What if a diplomat is assaulted? o RA75, sec. 7 (Assault of diplomat) is a sp
ecial crime

o A crime is committed by any person who assaults, strikes, or wounds a public m


inister or ambassador, contrary to law of nations There can be a complex crime o
f direct assault with another felony. o What if the assault on the PIA or agent
results to his death?
Complex crime of direct assault with murder or homicide o
When is there none? But if direct assault is committed and ONLY slight PI result
s, there is just the crime of direct assault. o A mayor is on the way home or on
the way to the office. The accused robbed the mayor and killed him. What is the
crime? Robbery with homicide. The direct assault is absorbed by Robbery with ho
micide, which absorbs crimes committed pursuant to such. o X fired an SMG agains
t police officers serving warrant. What is the crime?
Direct assault with multip
le attempted homicide o Can there be complex crime of DA with serious disturbanc
e under Art. 153? Yes. If election inspectors or watchers are holding a meeting
to canvass, and they were assaulted, causing serious
120

disturbance: there is a complex crime of direct assault with serious disturbance


How do you reconcile DA with Less Serious Physical Injuries (Art 265), which pr
ovides a distinct penalty if the victim is a PIA? o Art. 265 If there are less s
erious PI, the crime is less serious PI. The PIA must not be performing his duti
es when the less serious PI is inflicted, or it is not by reason of past perform
ance of duty. o Art 48 Direct assault with less serious PI if the PIA is in perf
ormance of his duty or is attacked for past performance of duty. Who else can be
PIAs? o Lawyers and teachers can be PIAs o Correlate with RA 9165 (DDAs) teache
rs and professors are PIAs when performing their duties Elements: o 1. There is
direct assault against an agent of a person in authority (under Art. 148) o 2. A
person came to the aid of the agent o 3. The offender uses force or intimidatio
n against such person coming to the aid of the agent There is disagreement again
as to this provision. o Guevara and Reyes: WRONG about this
INDIRECT ASSAULTS (149)

Said there is indirect assault if there is a person going to the aid of PIA or a
gent, and that person is himself assaulted. o J Callejo agrees with Regalado: Gu
evara and Reyes did not take into account RA 1978:
If one who goes the aid of a
PIA, he becomes an agent of a PIA. If he himself is attacked, then he becomes an
agent of a PIA
it becomes direct assault
There is only indirect assault if the
private person comes to the aid of the agent of the PIA. DISOBEDIENCE TO SUMMONS
(150) What are the acts punished? o 1. Refusal to obey summons of Congress, or
any commission authorized to summon witnesses o 2. Refusing to be sworn in o 3.
Refusing to answer legal inquiry or produce documents o 4. Restraining another f
rom attending as a witness therein o 5. Inducing disobedience to summons or refu
sal to be sworn in (#1 or 2) What is the doctrine laid down by Senate v. Ermita
(EO 464)?

o The President of the Philippines and members of SC are exempt from powers of i
nquiry o If President does not agree with attendance of members of Executive, th
ey cannot be compelled to answer queries of Senate Relate to Sec. 35 of HSA: o A
ny information secured in violation of antiterrorism law is inadmissible in evid
ence in any judicial, QJ, legislative, or admin functions When does this provisi
on apply? o When there is resistance or serious disobedience of a PIA/his agent
but not falling under the prior provisions
RESISTANCE AND DISOBEDIENCE TO A PIA/AGENT (151)
Public disorders SERIOUS DISTURBANCE/TUMULTS (153)
Acts punished as tumults/othe
r disturbances of public order: o 1. Serious disturbance in public place o 2. In
terrupting or disturbing gatherings not included in 131 or 132 (thus, neither po
litical nor religious) o 3. Making outcry tending to incite rebellion or seditio
n o 4. Displaying placards or emblems which provoke disturbance of public place

121

o 5. Burying with pomp one who is executed Relate to Art. 131: When is one guilt
y under disturbance/prohibition of peaceful meetings? o For policemen to be guil
ty under 131, the person must be a stranger to the meeting. What are the limits
to right of assembly? What is the test? o Clear and present danger of substantiv
e evil, with imminent danger posed against the public interest What does BP 880
require before a rally can be conducted? o There is need to secure a permit
When
can permit be denied? CPD o N.B. But for freedom parks, there is no need for a
permit o Calibrated preemptive response maximum tolerance
NOT part of the Part of assembly assembly Covers peaceable assemblies rallies
the NOT part of the assembly Covers normal gatherings (non political, non religi
ous)
or Cannot be committed by culpa (there is intent to seriously disturb)

Distinguish: Interruption of Serious Interruption of peaceful disturbance gather


ings (153, meetings (131) (153, p.1) p.2) taken in contrast with 131 Caused by p
ublic Caused by public Caused by a officer officer private or public officer
122

What is the nature of the crimes? o 131 crime against the fundamental law of the
State o 153 crime against public order
So this really is just for normal gather
ings, and not one subject to fundamental rights
This does not include religious
assembly, which is covered by 132. o In a public rally of INC there was serious
disturbance. Is this covered by 131, 132, or 153? Art. 131. This is not a religi
ous ceremony, but a rally. Distinguish 153 from 155 (Alarms and scandals)? o In
both cases, there is disturbance

o 153 causing of public disturbance, and the offender had the intention to cause
such serious disturbance
Cannot be committed by culpa o 155 disturbance is not
serious o What kind of disturbance must be caused in 153?
Serious. Otherwise, it
will be alarms or scandals under 155. o How do you determine if the disturbance
is serious or not? Look at the place, facts and circumstances surrounding the c
ause of disturbance, and effect to people at that time The locus of the crime is
determinative of its nature. What do you mean by this? o The place where it is
committed. o Public place is one that is open to all, as distinguished from domi
ciles. Under second mode of 153, what are the elements? o 1. There is public per
formance or function Suppose someone disturbs court proceedings, is it covered b
y the second mode? Can be charged with Art. 153, because these are open to the p
ublic.
123

Covers proceedings such as by COMELEC o 2. There is disturbance caused There is


a presumption under law of tumultuous disturbance. When does this presumption ve
st? o If caused by more than 3 armed men. o If there is actually a tumultuous di
sturbance, does the presumption need to apply?
No need for the presumption. In t
he causation of a serious public disturbance, there is SPI or damage to property
. Do you apply Article 48? o Yes; there are two grave or less grave felonies com
mitted in a single act. (Ex. Disturbed COMELEC proceeding.) o Villanueva v. Orti
z there was complex crime of serious disturbance with direct assault. If there a
re two modes done, is there a complex crime? o No, there is just one crime, notw
ithstanding multiple modes. Distinguish inciting to rebellion/sedition from the
third mode of violating Art. 153 (tending to incite rebellion/sedition)? o Intent
controls. For inciting, there has to be intent in the first place. For 153, ther
es just tendency to incite.

Does the burying with pomp provision still apply? o No, in light of RA 9346, nobod
y can be executed. Acts punished: o 1. Discharging firearm, rocket, firecracker,
or explosive within any town or public place o 2. Charivari or disorderly meeti
ngs o 3. Disturbing public peace while wandering at night or engaged in nocturna
l amusements o 4. Causing disturbance or scandal while intoxicated while 153 is
not applicable Is Alarms and Scandals a specific intent crime? o No. It is the r
esult, not the intent that controls. o Why does the provision say calculated to c
ause alarm/danger?
Calculated to cause alarm or danger is an erroneous translation.
o If there is discharge of firearm but there is no alarm caused, then there is
no crime under Art. 155. If the firearm is unlicensed, can one be convicted unde
r RA 8294? o No. If there is another crime committed (155 here), one cannot be l
iable for RA 8294. Elements?
124
ALARMS AND SCANDALS (155)

DELIVERING PRISONERS FROM JAIL (156)


o 1. Any person removes from jail or penal establishment a person confined there
in o 2. Through the following means:
A. By violence, intimidation, or bribery
B.
Through other means (lower penalty) C. Taking guards by surprise outside the es
tablishment (lowest penalty) To what kind of prisoners does delivery of prisoners
as a crime apply? o Applies to any prisoner, whether a detention prisoner or con
victed prisoner o If the person is a convict, is there a crime when he escapes?
Yes. Evasion of sentence. o If the person is a detention prisoner, is there a cr
ime committed? No. He is presumed innocent. Is the deliverer of prisoners a prin
cipal or accomplice? o A principal under Art 156. When is the crime consummated?
o The moment he steps out of the building where the cell is, however brief it m
ay be. o Is there a crime of frustrated delivery from jail?
No. o May they be an
attempted delivery from jail? Yes.

If a mental retardate is transferred to a hospital, from jail, and he is deliver


ed, is there a crime of delivery from jail? o Yes. The hospital is an extension
of prison. If a person is in his house, can there be delivery? o Yes. Because un
der arresto menor, there can be house arrest. Who may be liable for delivery? o
1. Those helping a co-prisoner o 2. Employees of penal establishment, if without
custody of the prisoner
What if he has custody of the prisoner?
Crime is infide
lity in the custody of prisoners Is it possible that a person with custody of a
prisoner is liable for delivery of prisoners and not infidelity in the custody o
f prisoners? Yes, if he was off-duty. o 3. Private person If a person delivered
a prisoner and the prisoner had a change of heart and decided to return, is the
principal for delivery still liable? o Yes. Is there a provision in the HSA that
punishes a custodian who lets his prisoner escape? o Sec. 44. o Can this be com
mitted by culpa?
125

Yes. It can be committed by negligence, as long as it is inexcusable negligence.


If the detention prisoner is charged with parricide, and the person delivered h
im, can not the person be charged as accessory under Article 19? o Yes. The law
provides that a person who helps escape a person who committed parricide, murder
, or treason escape, he can be an accessory under Art. 19 to parricide, murder,
etc. o So what applies now, Art. 19 or 156?
Either, as the prosecutor has a choi
ce. The prosecutor can choose ONE but not both.
N.B. the Art. 19 punishment is h
eavier than 156 Under Art. 8 (conspiracy), it can be a crime in itself or a mode
. Is it possible that conspiracy or connivance be an aggravating circumstance? W
hat is the effect if a co-prisoner connives? o For delivery of prisoners from ja
il, if there is connivance, it aggravates the punishment. o So this is a THIRD c
haracter of conspiracy not just mode, not just crime, but also aggravating circu
mstance. o What about bribery? Bribery in this case can be deemed a means to com
mit the crime of delivery.

o If the public officer accepts a bribe to release the prisoner, what are the cr
imes?
One giving money: corruption One accepting money:
1. Bribery 2. Delivery o
f prisoners o But if the bribery was towards another prisoner, what is the effec
t? It would be a deemed a means to commit the crime. What does the phrase other m
eans mean? o Example: craft or disguise o What is the effect?
Arresto mayor (lowe
r penalty) If the other means used by the principal of delivery of prisoners is
a FELONY, what happens? o Art. 48 applies. Example, if there was direct assault,
attempted homicide, physical injuries, etc. What is the exception to this rule?
o The means provided specifically in Art. 156 (bribery), or fraud (or other mea
ns that do not constitute crimes by themselves), etc. do not attract Art. 48.

Evasion of service EVASION OF SERVICE OF SENTENCE (157-9)


ice committed?
126

How is evasion of serv

o Committed by one convicted by final judgment who escapes from prison. If a per
son escapes from jail, and he is arrested without warrant, would the policeman b
e charged with arbitrary arrest? o No, because warrantless arrest is allowed for
those who escaped (Third exception) o Is evasion a continuing crime?
Yes, as lo
ng as he is escaping, he is committing a crime. Can one be guilty of evasion of
sentence, although not confined in a prison? o Yes: 1. If arresto menor, can spe
nd sentence in house. 2. Sentenced to destierro and one entered the prohibited p
lace. 3. Hospital, which is an extension of the penal institution. Elements of e
vasion: o 1. Convicted by final judgment o 2. Serving of sentence which consists
of deprivation of liberty o 3. Escaping during sentence Can one not sentenced t
o Final Judgment (ex. detention prisoner) be liable for evasion of sentence? o N
o.

Under what circumstances may a prisoner be not liable for evasion of service of
sentence? o 1. Detention prisoner o 2. Deportee who violated deportation order o
3. Youthful offender under 9344
Because rehab center is not a penal institution
Can a person serving sentence for an SPL be liable for evasion? o Yes. As long
as serving sentence, whether RPC or SPL. When does Article 48 apply and when doe
s it not? o If one uses violation or intimidation, it is absorbed. o But if one
commits a crime to evade, then Art. 48 can apply. A convict was granted conditio
nal pardon. The usual condition is not committing another crime during condition
al pardon. Is the violation of the conditional pardon a felony? o Yes, it is a f
elony. o What is the period for the condition?
Remaining period of the sentence
if the penalty remitted is greater than 6 years
If less than 6 years, prision co
rreccional in minimum period o Is it necessary for the prosecution for violation
of conditions of pardon upon violation?
127

No. The C.E. can order the immediate arrest of the person through Board of Pardo
n and Parole. o Is a violator of the conditions of pardon entitled to ISL?
No. I
t is provided in the ISL. Circumstances qualifying offense: o 1. Unlawful entry
(by scaling) o 2. Breaking doors, windows, etc. o 3. Using picklocks, false keys
, disguise, deceit, violence, intimidation o 4. Through connivance with other co
nvicts or employees of penal institution What if the convict evaded on circumsta
nces of a catastrophe? o And caught again, increase penalty by 1/5 o If he retur
ns within 48 hours, decrease penalty by 1/5 For violation of conditional pardon
through commission of the crime, there can only be conviction under Art. 159 aft
er conviction.

Commission of another crime during service of penalty QUASI-RECIDIVISM (160)


Is
quasi-recidivism (160) a crime? o No, it is a special aggravating circumstance.
It is committed only by a person convicted by FJ for a crime, and he commits ano
ther crime.

o Does the second crime have to be a felony?


Yes. It cannot be an SPL. The law u
ses nomenclature of penalties in RPC. (Maximum period of the second crime.) o Do
es the first crime have to be a felony?
No. It can be an SPL. o If the second cr
ime has an aggravating circumstance, what is the effect to the penalty?
Since it
is in the maximum, then the aggravating circumstance will result into the maxim
um of the maximum. o He commits another penalty. Is he a quasirecidivist again?
Justice Regalado: He is a quasirecidivist again and again. If he is not a quasirecidivist for the second time, he can commit another crime with impunity. o Wha
t if he is a recidivist AND a quasirecidivist? Since recidivism is an aggravatin
g circumstance too it leads to the maximum of the maximum. But the law makes men
tion of Art. 62, par. 5. What is this? o One is a habitual offender. One who esc
apes from jail, is he automatically a quasi-recividist?

o Justice Regalado: No. Because the very act of evasion of sentence is an elemen
t of the aggravating circumstance of quasi-recidivism. Under Art. 62, par. 1 if
the aggravating circumstance in itself constitutes a crime punishable by law, it
is not taken into account. o J Callejo: This still bothers me. No clear answer. C
an one be a quasi-recidivist and a recidivist at the same time? o Yes. Only diff
erence: recividism can be offset by generic mitigating circumstances, quasirecid
ivism cannot. While serving sentence, a convict commits a complex crime. What is
the effect? o Maximum of the maximum of the more serious crime. What is the bes
t evidence to prove prior conviction? o Court judgment. What is the difference b
etween reiteracion and quasi-recidivism? o Reiteracion: needs final service of t
wo or more lesser crimes, or one graver or equal crime
IV: CRIMES AGAINST PUBLIC INTEREST Forgeries
128

FORGING THE
GREAT SEAL OR THE SIGNATURE OR STAMP OF
THE PRESIDENT (161)

Can forgery of signature or the great seal be committed by culpa? o No. There mu
st be knowledge and intent to use the signature or great seal. What is the presu
mption under this law? o Presumption: possession of a document bearing the forge
d signature or seal deemed to be the one who committed the forgery.
OF FORGED GREAT SEAL,

USE
PRESIDENTS
SIGNATURE OR

STAMP (162)
Can only be committed with criminal intent, because the law uses the word knowing
ly. Who can commit this crime? o Offender here is not the forger, because the for
ger is liable under 161. What are the means to commit this crime? o 1. Making fa
lse coins o 2. Importing o 3. Uttering with connivance o N.B. if foreign currenc
y, amount is immaterial. When must the coin be considered legal tender? o It mus
t be legal tender in the Philippines at the time of violation.

MAKING, IMPORTING, AND UTTERING FALSE COINS (163)

o Ex. Using a forged 1-centavo coin, when is was not out of circulation can stil
l be punished Can the first mode (making) be attempted or frustrated? o Yes. o Att
empted one failed to perform all acts of execution except when there is spontane
ous desistance o Frustrated if the imitation is so imperfect, although all acts
were committed. When is the second mode (importing) consummated? o When the boat e
nters port or the plane enters airspace, EVEN IF they are not unloaded or brough
t to customs. When is importation frustrated? o Importation may be frustrated, i
f before they cross territorial waters of Philippines, they are caught. What doe
s uttering mean? o To offer the false coin, knowing it to be false, whether accept
ed or not, representing that it is genuine, with intent to defraud o The offende
r must not be the maker (or else, he falls under mode one), but there must be co
nnivance How many crimes are committed if the offender makes 1,000 counterfeit 1
0 centavo coins, and a few US coins?
129

o Test is number of currencies involved What is the rule on territoriality of th


is crime? o This crime can be prosecuted abroad, under Art. 2. Is damage an elem
ent of utterance? o No. Damage is not an essential element of utterance Amended
by PD 247, which punishes: o 1. Willful defacement o 2. Mutilation o 3. Tearing
o 4. Burning o 5. Or destroying currency notes or coins Must be of legal tender
Coins of foreign currency are not included Two acts punished: o 1. Possession of
false/mutilated coin with intent to utter o 2. Actual utterance of the coin Pos
session includes constructive or physical possession of counterfeit or mutilated
coins There must be knowledge that the coin is false What if the one possessing
with intent to utter is the counterfeiter? o If the one possessing is also the
counterfeiter, this crime is absorbed under 163
130
FORGING,
IMPORTING, OR UTTERING TREASURY OR BANK
NOTES OR DOCUMENTS PAYABLE TO BEARER (166)

MUTILATION OF COINS (164)

SELLING OF FALSE OR MUTILATED COIN (165)

What are covered by this provision? o 1. Treasury notes o 2. Bank notes o 3. Doc
uments payable to bearer Three acts: o 1. Forging or falsifying treasury/bank no
tes/documents payable to bearer
N.B. Take note of modes to commit forgery of ban
k notes or treasury notes, etc. under Art. 169. o 2. Importing false or forged b
ank notes o 3. Uttering these in connivance with forgers or importers
Otherwise,
see Art. 168 How can forgery be committed (Art. 169)? o 1. Giving a treasury or
bank note or instrument payable to order or bearer the appearance of a true and
genuine document o 2. Erasing, substituting, or counterfeiting, or altering fig
ures, letters/words, or designs in said instrument When is there uttering under
this provision? o To utter is to offer the forged document, knowing it to be fal
se, whether accepted or not, with representation that it is genuine, with intent
to defraud

P v. Balmores a PCSO ticket is a government obligation. If the accused bore a PC


SO ticket and wrote in ink the number purported to win
attempted estafa, because
he was not able to encash it before being caught What about blank postal money
orders? o Blank forms of postal money orders are not official public documents,
or treasury/bank notes. They are not certificates of obligations until filled up
. What about treasury warrants? o Treasury warrant is a government obligation an
d is therefore covered by Art. 169 of RPC
IMPORTING, UTTERING INSTRUMENTS

COUNTERFEITING,

PAYABLE TO ORDER (167)


What does this provision cover? o Documents payable to order What are the acts p
unished? o Same three acts of making, importing, and uttering with connivance o
N.B. Again, utterance here must be in connivance with forgers or importers. Othe
rwise, see 168.

o 1. Treasury/bank note/ security payable to bearer or order is forged or falsif


ied by another person o 2. Offender knows it was falsified o 3. Used OR possesse
d with intent to use
Possession of genuine treasury notes of the Philippines wit
h any figures, letters, or words altered or erased with full knowledge of such a
lteration falls under this provision What if its possession alone? o Possession a
lone, without use or intent to use, is NOT a crime under 168 RA 8484 (Access dev
ise law) o Sec. 17 any prosecution under this law shall be without prejudice for
liabilities for violations of RPC o So one can be charged under both RPC and 84
84 RA 8239 (Forgery of passports) o If it is also punishable under RPC, and the
RPC crime has higher penalty, impose higher penalty. o But only one crime is com
mitted. What is punished here? o Resolution, ordinance, or bill referred to must
be a genuine one
ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK NOTES AND OTHER CREDIT INST
RUMENTS (168)
Elements of crime under Art. 168?
FALSIFICATION OF LEGISLATIVE DOCUMENTS (170)
131

What kind of alteration must be made? o 1. Alters the substance of that issuance
o 2. With deliberate intent (malice) May a private person be liable under Art 1
70? o Yes. The law does not distinguish.
BY EMPLOYEE, NOTARY,
FALSIFICATION
PUBLIC OFFICER, ECCLESIASTIC MINISTER (171)

How is a document under this provision defined? o It is a deed or instrument or


other authorized paper by which something is proved, established, or set forth.
(P v. Andaya) o Do 171 or 172 apply to electronic documents?
Yes, by specific pr
ovision of Sec. 6(h).
In fact, a document may be notarized electronically and co
nsidered a public document. If it is falsified, 171 applies o What about documen
ts incapable of producing legal effects? A document incapable of producing legal
effects cannot be foundation of a right and thus CANNOT be subject of falsifica
tion. When is there falsification through taking advantage of public position? o
1. Has official custody of the document o 2. When he intervenes in preparation
of the document
132

o What is the test whether there is taking advantage of public position?


If he u
ses influence, prestige, or ascendancy of his office to commit the crime.
If a p
ublic officer or employee falsifies a document, and it is not part of his duties
, he did not abuse his public position. He is guilty NOT under 171, but under 17
2 (falsification of private individuals) o If a notary public falsifies a docume
nt outside his territorial jurisdiction, did he abuse his public position? NO. H
e is not a notary public outside his jurisdiction. What documents are covered by
171 and 172? o 1. Public/official o 2. Commercial o 3. Private o N.B. if Legisl
ative, see Art. 170 What is a public document? o When an authorized person not a
party thereto intervenes in a document o Also, reports made by officials in the
ir official duty o A document notarized by a notary public without a commission
is it a public document? No. It is a private document.

o How about pleadings of parties and papers submitted to the court in the course
of official judicial proceedings?
Pleadings of parties and papers filed by them
which are involved in actions and submitted to the custody of the court are pub
lic documents
N.B. The roll of attorneys is also a public document. What is an o
fficial document? o Public officer takes part by virtue of official position, or
any document which has become part of the public records o Is a passport an off
icial document? Yes. RA 8239. o How about a private document that is falsified b
efore being submitted to the government, as required?
The falsification of a pri
vate document before submission may nevertheless be falsification of public or o
fficial document because it is destined to be such. o When one takes a civil ser
vice examination, are the exams official documents? The booklets or papers submi
tted to the CSC are official documents. o How about a personal data sheet submit
ted to the CSC for appointment to public position?
133

It is a public document, because such document is required by law.


The mere fact
of preparation occurred before submission does not affect its status because th
e document is destined to be part of public record. What is a commercial documen
t? o Used by merchants or business to promote or facilitate trade or credit tran
sactions o Is a cash disbursement receipt a commercial document? No. Batulanon i
t is a private document. Merely a receipt issued.
It is a private document execu
ted by private person without intervention of public notary or person legally au
thorized o Is a sales invoice a commercial document? Yes. May falsification of p
ublic or commercial document be committed by culpa? o Yes. Samson case X endorse
d checks without knowing the identity of the persons who were recipients of the
checks. o He did NOT alter the document, he merely endorsed without due diligenc
e. How about a private document? Can it be falsified by culpa?

o No. There has to be intent to damage or damage caused. It cannot be committed


by culpa. o But not for commercial, public, or official document
no need for int
ent to damage Layug v. Sandiganbayan vis--vis Flores v. Layosa. o Layug: an ordin
ary government employee has a time record measured through Bundy clock. Layug is
a teacher in Davao national high school. He said in his record that he went to
class and taught from 8:30-11:30, 1:30-4:30. But some of the time, he spent in t
he library. He was charged for falsification, because he said in his time record
that he taught in certain times, but he was just in the library. No question, t
he time record is a public document. He was charged for falsification of a publi
c document ELEVEN times. But he did not get his salary for the time he was not t
eaching. QUESTION: Is he guilty for falsification of public document even if the
re is no damage to the government? HELD: Layug was acquitted. In the prosecution
of cases involving falsification of time records, there must be proof of damage
to the government (e.g. salary paid for services not rendered). BUT this is wei
rd, because
134

usually, damage is not an element of falsification of public document. o Flores:


The falsification of a daily time record automatically results in financial los
ses to the government because it enables the employee to be paid salary and earn
leave credits for services never rendered.
Contrast: In Flores, damage is not a
n element, because potentially, the government can be damaged. o What prevails?
Flores is the sounder doctrine. A COMELEC registrar, who was also a lawyer, was
allowed by COMELEC to appear for poor litigants. He submitted a DTR saying that
he was in the office, but he was actually in court attending to poor litigants.
He was charged with falsification. o HELD: Even if he was not in the office at t
hat time, the COMELEC allowed him to appear for poor litigants. He was performin
g a duty authorized by the COMELEC. There was no falsification. Spouse is a jani
tor, but before the janitor died, he received his check. Before the check became
due, the janitor died. The widow already received it. She cashed it, thinking i
t was leave credits value. The check was worth X amount, though the janitor had
leave credits exceeding the amount of the check. She was charged with falsificat
ion.

o HELD: Acquitted. She was acting in good faith. There was no damage to governme
nt; in fact, the government owed the janitor pa. Is the spuriousness of a docume
nt a defense against charge of falsification? o No. o X got a warrant of arrest,
falsified signature of the judge, and had his wife arrested. He claimed he was
not guilty of falsification because it was a spurious document in the first plac
e.
HELD: Convicted. There can be falsification even if it is a spurious document
. Cannot use own acts of falsification as a defense against prosecution. If a no
tary public notarizes a document without commission, is there falsification of p
ublic document or private document? o Falsification of public document. o So to
simplify:
1. The document remains private
2. But the crime is falsification of p
ublic document Can there be an attempt or frustration of falsification? o There
can be no attempted or frustrated falsification of public or official document U
NLESS the falsification is imperfect
135

o Consummated the moment the genuine public or official document is altered, or


the moment the false document is executed
Even if the document is not put to ill
egal use. Can there be falsification by omission? o Yes, the crime of falsificat
ion can be committed by omission. Here the asst. book keeper did not include in
the ledger things or properties purchased by him as such. He committed estafa th
rough falsification by omission by not indicating in the ledger his purchase of
goods. May someone be convicted based solely on presumptions? o Yes. One found i
n possession of falsified document is presumed to be the author. What are the ac
ts punished as falsification? o 1. Counterfeiting or imitating handwriting, sign
ature, rubric (1) o 2. Causing to appear that persons participated, etc (2) o 3. P
ersons in fact participated in proceedings, but accused make it seem that they s
aid/did some things they did not do (3) o 4. Making untruthful statements in narr
ation of facts (4) o 5. Altering true dates (5) o 6. Making alteration or intercal
ation to genuine document which changes its meaning (6)

o 7. Issuing copies (7) o 8. Intercalating instrument or note (8) Counterfeiting o


r imitating handwriting, signature, rubric (171 1)
What does imitating cover? o It
can also cover feigning. Feigning means the forgery of a signature that does not i
n fact exist. When does one become guilty for falsification under this provision
? o For one to be guilty for falsification under this provision, it is not neces
sary that the imitation of writing, handwriting, or signature be perfect. It is
only necessary that the two writings bear some resemblance to each other o There
can be no falsification of public document unless there is an attempt to imitat
e the genuine signature of another What if the false signature did not look like
the real one? o One is guilty of falsification even if he did not imitate the s
ignature of the person in the document, as long as there is a DIFFERENCE between
the genuine signature of another and the falsification. What is punished here?
136

Causing to appear that persons participated, etc (171 2)


o Falsifying a document by causing it to appear that a person or persons partici
pated in any act or proceeding when in fact, they did not. X had an uncle and au
ntie. By 2000, his auntie and uncle died. He executed three documents (deed of s
ale, deed of conveyance) all in the same occasion. In each document, the dead sp
ouses sold to the vendee parcels of land. Then, Lastrilla signed the signature o
f his dead uncle and auntie, and antedated the deed. Is this falsification? o Ye
s, under this paragraph (Art. 171 par. 2). o The uncle and auntie are both dead.
So this provision applies even if those who were made to appear to participate
are already dead. o But there is only one crime, even if there were several mode
s. Accused was a COMELEC registrar. He made it appear in the list of voters that
certain voters were listed, when they were not, and that they voted, when they
did not. What is the crime? o Guilty under this same provision AND o Liable unde
r Omnibus Election Code Can this crime be committed to conceal another crime? o
Yes. o Ex. X was an accountable officer and he misappropriated funds of governme
nt. To conceal malversation, he falsified receipts to

show that people received some amounts, when they did not. o Guilty of two crime
s:
1. Malversation
2. Falsification under this paragraph X was paid by examinee
in CSC to take the exam on his behalf and pose as him. Is he guilty of falsifica
tion? o Yes. He made it appear that another person participated in the exam, whe
n he did not.

Persons in fact participated in proceedings, but accused make it seem that they
said/did some things they did not do (171 3)
X changed the answers of a Bar exami
nee, Y, then she corrected the answers. What is the crime? o X was guilty under
this provision. o Y was guilty as an accomplice, by knowing that X committed the
crime for him.

Making untruthful statements in narration of facts (171 4)


What are the requireme
nts: o 1. Offender is a public officer or employee o 2. Untruthful statements in
narration of facts o 3. The facts must be absolutely false What if there is som
e color of truth in the falsification? o If there is color of truth in it, he is
not liable under this paragraph.
137

o If there is colorable truth to the statement, one is not criminally liable. If


there is a color of truth to it, there can be no criminal intent. o There is no
F of public document if acts of accused are consistent with GF, even if it may
be false. Color of truth indicates GF. X was Chinese, but he declared himself as
Filipino. The clerk wrote down Filipino in the residence certificate. Is the cler
k guilty of making untruthful statements? o Clerk is NOT guilty he had no crimin
al intent and relied on the Petitioner. o Petitioner is guilty under this paragr
aph as Principal by Direct Inducement. What if it was altered to speak the truth
? o There is no falsification (e.g. there is error in cedula, then altered to sp
eak the truth. There is alteration, but no falsification) What is the legal obli
gation contemplated under this provision? o The legal obligation may spring not
only from a law or a regulation/rule promulgated by authorities (e.g. CSC, COMEL
EC)
Ex. Guilty of falsification under this provision, if X falsified a personal
data sheet, which is a document required to be submitted to the CSC under its ru
les. The mere fact that she was not hired is inconsequential.

The duty to make truthful statements, what is it based on? o 1. Law o 2. Ordinan
ce, as long as it requires such making of truthful statement o 3. One issued by
a government agency o Ex. A government employee who falsely stated in ITR that h
e has 2 dependents, when just has one, so that he can pay less taxes: the govern
ment employee is guilty of falsification of official document. What is the requi
red intent? o There must be deliberate intent to make a false narration of facts
, so there is no culpa May this crime be committed by culpa? o No. Intent is ess
ential to the crime. What dates are contemplated by this provision? o Dates referr
ed to here are those that have legal efficacy; ex. Date when obligation is due,
date when persons were married.

Altering true dates (171 5)

o 3. Alteration or intercalation made in document to speak of something that is


false What is the duty of one making the alteration? o One making the alteration
must explain the same. What alterations consist of: o Erasure o Interlineations
o Additions o Substitution of any material matter in a document or instrument W
hen is the alteration of intercalation NOT a crime? o 1. Alteration or intercala
tion was made to make the document speak the truth o 2. The alteration or interc
alation did not change the substance of the document. May this crime be committe
d by culpa? o No. There must be criminal intent. It cannot be committed by culpa
. Good faith is a proper defense. Two modes of committing this crime? o 1. There
is no genuine original of the copy of the document issued in an authenticated f
orm o 2. There is a genuine document, but alteration of the copy as to not corre
ctly reflect the original
Making alteration or intercalation to genuine document which changes its meaning
(171 6)
Elements: o 1. A person changes a document or intercalates an entry or s
tatement therein o 2. The alteration or intercalation was made in a genuine docu
ment
138
Issuing copies (171 7)

Done with dolo or with deliberate intent Public officer or notaries-public. Sec.
19, Rule 132 of Rules of Evidence enumerates these documents.
Intercalating instrument or note (171 8)
Intercalated document must be false and
change the sense of the document or official book. One may be liable for estafa
through falsification of a public or official document, but not estafa through f
alsification of private document. There are as many crimes of falsification as t
he number of documents falsified o If there is only one document falsified, but
under multiple modes, there is only one crime of falsification o But in P v. Pom
ferada someone falsified the roll of attorneys, by inserting three persons there
; he committed three counts of falsification, even if made on the same roll of a
ttorneys
BY PRIVATE INDIVIDUALS AND USE OF
Number of crimes of falsification committed:

FALSIFICATION
FALSIFIED DOCUMENTS BY PRIVATE INDIVIDUALS (172)
Two modes under paragraph 1: o 1. Private individual falsifying a public, commer
cial, or official document
no need for damage or intent to damage
139

o 2. Private individual falsifying a private document


there is need for damage c
aused or intent to cause damage What does damage cover?
Damage includes material d
amage and damage to the credit or honor of a private person So it is not confine
d to mere material damage o When can a public officer fall under 172?
If a publi
c officer falsifies a document, without abuse of official position, he can be li
able under Art. 172 The offender did not gain any profit from the falsification
of private document. But intent is an internal act. How does one establish this
intent? o There must evidence independent of the falsification to establish inte
nt. o Ex. May consist in an attempt to encash or use the document, or verbal or
physical acts indicating intention behind falsification Under paragraph 2 (use of
falsified documents), how is the crime committed? o 1. Person who shall knowingl
y introduce in evidence in any judicial proceeding o 2. or using a falsified doc
ument, to cause damage or with intent to cause damage A private individual who f
alsified a document, and also used the document under a judicial

proceeding, is he liable under paragraph 1 or paragraph 2? o Under the 2nd parag


raph, the person using the document is other than the author of falsification. I
f the falsifier himself uses the document in a judicial proceeding, he is liable
for falsification (par. 1) and not for use If a government employee falsifies h
is personal data sheet by making it appear that he passed the CSC exam, when in
fact he did not, and he used the personal data sheet to apply for a position wit
h the government (therefore, not in a judicial proceeding); how many crimes of f
alsification did he commit? o Two crimes: o 1. Falsification o 2. Use of such do
cument in a proceeding other than a judicial proceeding
If it was used in some o
ther purpose or proceeding, is there need to establish damage caused or intent t
o cause damage? Yes. o CONTRA: If a falsified document was used in a judicial pr
oceeding, is there need to establish damage caused or intent to cause damage?
No
.
FALSE
MEDICAL CERTIFICATES, CERTIFICATES OF MERIT OR
SERVICE, ETC. (174)
Who are punished here? o 1. Physician who issues false medical certificate o 2.
Public officer who issues false certificate of merit or service, good conduct, a
nd the like o 3. Private person who falsifies either type of document (lower pen
alty) What is punished here? o Person who uses the certificate issued above What
is material? o He must do it knowingly and with intent
INTO THE
USING FALSE CERTIFICATE (175)
INTRODUCTION
PHILIPPINES
OF ANY INSTRUMENT
INTENDED TO BE USED IN COUNTERFEITING (176)

In a situation where the instruments imported could not be used for the intended
purpose, is it an impossible crime or a crime under Art. 176? o Still 176. As l
ong as there was intent to use and there was importation. Must one import a comp
lete set? o No. If the instruments brought into the country cannot be used on th
eir own, but can be used alongside other instruments, there is violation of the
law.
140

Other falsifications USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS (177)


2 modes
of committing the crimes: o 1. Usurpation of authority o 2. Usurpation of offic
ial functions When a public officer or employee has already retired or resigned
but continues to do his duties, is he liable for usurpation of functions? o Yes.
o Ex. A notary public who notarizes a document when his commission has expired
violated this provision For usurpation of authority, what must the prosecution p
rove? o 1. Accused is aware he is not a public officer o 2. He falsely represent
s himself to be such o 3. Such person has performed pertaining to an act of pers
on in authority or agent of PIA Is good faith a defense? o Yes. Felony here is c
ommitted by dolo. GF is a defense. Situations involving complex crimes: o X pret
ended to a public official in order to molest a minor. What is the crime?
Comple
x crime of usurpation of public authority with seduction o X pretended to be a B
IR agent and showed falsified BIR ID. What is the crime?
141

Complex crime of usurpation of public authority with falsification Situations wh


ere usurpation is just a mode: o X pretended to be a public official to commit r
obbery. What is the crime?
Just robbery. Take note of Art. 299-A par. 4: Robbery
may be committed through pretense of exercise of public authority.
It is NOT a
complex crime. Usurpation is an essential element under this mode. o X kidnaps a
nother to deprive her of liberty, by pretending to be a public officer. Is he li
able for complex crime of usurpation and kidnapping? No. Usurpation of authority
is a mode of committing crime of kidnapping. o Person pretending to be authoriz
ed to issue passports: Liable under RA 8239. (Phil. Passport Law) What are the t
wo paragraphs? o 1. Fictitious name purposes:
1. To conceal a crime
2. To escape
judgment N.B. Includes criminal or civil. The law does not distinguish.

PUBLIC USE OF FICTITIOUS NAME (178)

3. To cause damage o 2. Person who conceals his true name or other personal circ
umstances Elements under first paragraph? o 1. Publicly uses fictitious name o 2
. With any of the mentioned purposes o Is motive an essential element?
Yes. Here
, motive is essential element. If a person uses a fictitious name publicly, but
without these purposes, what crime is committed? o Same crime, but under Par. II
. What is meant by publicly? o Includes use in an official or public document What
is meant by damage? o Not equivalent in falsification of private document. o Dam
age here is not to a particular person but to public interest. Public interest is
something in which the public, community at large, has some pecuniary interest
by which some legal rights are affected. Use of fictitious name as a mode: o If
one uses a fictitious name to defraud another, what crime is committed?
Estafa.
Art. 315-2(A) o What if the fictitious name is used to commit robbery?

Then its just robbery. Under Art. 299(A)-4, robbery may be committed through use
of fictitious name to gain entry into the house of another.
Again, the use of fi
ctitious name here is a mode to commit robbery. o If one uses a fictitious name
in a narration of facts in a public or official document, what crime is committe
d? Falsification of public, commercial, or official document, because penalty fo
r use of fictitious name is already integrated in the former. (171/172) o What i
f a person uses a fictitious name to obstruct justice?
Violated PD 1829 (knowingl
y uses a fictitious name to delay apprehension of suspects) X a convict serving s
entence, and Y, in jail, substitutes for X, to allow X to escape. Y took his pla
ce and claimed to be the escapee by stating his name. What crime did the first p
erson commit? o Evasion of sentence, complexed with use of fictitious name The s
ecurity guard noticed that X was gone, but did not ask the name of Y. What crime
? o Justice Albert:
142

Y is guilty of use of fictitious name under this provision o Justice Reyes:


Y gu
ilty with delivery of prisoners from jail AND of use of fictitious name to conce
al the escape of the prisoner X guilty of evasion AND use of fictitious name to
evade service o Justice Regalado:
Y is guilty of delivery of prisoners from jail
. Use of fictitious name by the replacement is absorbed by crime of delivery.
X
is guilty of evasion of service of sentence, but not use of fictitious name. o J
ustice Callejo: If Y did not use a fictitious name to help the convict escape, h
e is ONLY guilty for delivery of prisoners (since he did not say a fake name). T
here was NO overt act of using publicly a fictitious name. If Y uses a fictitiou
s name, art. 48 will apply X guilty of evasion of service of sentence complexed
with use of fictitious name How many multiple crimes of use of fictitious name b
e committed?

o There are as many crimes as the number of fictitious names used C.A. 142
What
is C.A. 142? o Anti-alias law What are the punishable acts? o Cannot use a name
different form that registered in the LCR or used in baptism o Or for aliens, wh
at was registered with the Bureau of Immigration What are the exceptions? o Lite
rary, cinema, TV, radio, entertainment purposes, and other athletic events where
use of a pseudonym is a normally accepted practice o How to secure an alias?
Ne
ed judicial approval for at most, one alias. Same proceedings as change of name.
What is punished here? o Public and improper use of insignia, uniforms, or dres
s pertaining to an office not held by such person or to a class of which he is n
ot a member What are the three types of false testimonies?

ILLEGAL USE OF UNIFORMS OR INSIGNIA (179)


FALSE TESTIMONIES (180-2)
143

o 1. False testimony against defendant (180) o 2. False testimony favorable to d


efendant (181) o 3. False testimony in a civil case (182) o 4. False testimony i
s other cases (183A) o 5. Perjury (183B) o 6. Offering false testimony in eviden
ce (184) False testimony against a defendant (Art. 180) when does this provision
apply? o Only applies for crimes under the RPC or SPLs that use nomenclature of
RPC penalties, because the penalty for false testimony is dependent on the RPC
graduation What are the requisites? o 1. The testimony must be complete
Must hav
e been subjected to direct and cross examination (unless latter is waived) o 2.
There is intent to give false testimony Thus, only committed through dolo. GF is
a defense. Villanueva v. SOJ witness must be aware that his testimony is false.
Unless he is aware, he may invoke GF. Knowledge that his testimony is false is
internal act. How can you establish this?
State of mind may be determine by thin
gs he states or does, proof of motive to lie, and objective
144

falsity itself (if the statement is egregiously false), or proof from other fact
s. o 3. False statement must be related to the subject of inquiry, which legitim
ately affects the defendant
Not necessary that witnesss testimony directly affect
s the decision. It just needs to affect a material fact. Does this provision inc
lude testimony on qualifying and aggravating circumstances?
Yes. o 4. There is a
judgment of conviction or acquittal Because penalty depends on the penalty impo
sed on the convict.
It does not matter whether the accused is convicted or acqui
tted. It the intention of the accused that suffices. When will Art. 180 not appl
y? Will not apply if accused in main case is convicted and is convicted for a pe
nalty less than correctional penalty, or a fine.
The liar may not be prosecuted
under 180, but can be prosecuted under perjury. Who is a witness? o Includes injur
ed party or any witness

o And even one of the accused, as long as he testified for the prosecution. If t
he accused gave false testimony in favor of himself, is he liable under 181 (fav
orable false testimony)? o No. o Unless, X was not just disclaiming guilt, but p
inning it upon another. (Hindi ko pinatay yan. Siya po ang pumatay!) What is the n
ature of false testimony as a crime? o It is a formal crime. The crime is commit
ted as soon as the false testimony is given. o Thus, retraction does not extingu
ish the crime already committed. o UNLESS it was spontaneously done in the same
testimony there is GF Relate to RA 6981 witness protection program: o Person in
WPP who testifies falsely loses immunity and can be liable for perjury o But NOT
art. 180-182 of the RPC HSA, sec. 47: o Any person knowingly furnishing false t
estimony in any proceeding involving terrorism is liable not under 180-182 but f
or the crime committed False testimony in a civil case (Art. 182): o Here, the o
ffender may be a party litigant, or a witness for a party Elements of 182:
145

o 1. Given in civil case


What is covered by civil case?
Ordinary action
Supplement
ary proceedings (Execution of judgment, prohibition) Petition to annul judgment
What is not covered? Special proceedings.
Naturalization proceedings. o 2. Relat
ing to issues raised o 3. Testimony must be false o 4. Witness knows it is false
o 5. Must be malicious and given with intent to affect the issues in the case o
What is the effect of a retraction? The retraction of a witness under 182 does
not extinguish criminal liability. Because its a formal crime Is this like Articl
e 180, where penalty depends on outcome of the case? o No.
FALSE TESTIMONY IN OTHER CASES AND PERJURY IN SOLEMN AFFIRMATION (183)
Elements?
o 1. Knowingly making untruthful statements o 2. Not covered in the prior provi
sion

o 3. Under oath or affirmation, or in an affidavit upon a material matter before


a competent person authorized to administer an oath when required by law Where
does perjury apply? o 1. Light penalties o 2. Other proceedings (ex. Special pro
ceedings) o 3. Etc. Can perjury be done by culpa? o No. Perjury is a felony by d
olo. o There must be malice. Mere assertion of false, objective fact not enough.
There must be criminal intent. How about petitions? o Petition for habeas corpu
s is a public document. If the allegations are false, crime is falsification of
a public document. o Complaint for damages filed with MTC which contains false a
llegations
perjury o Filed petition to annul judgment and made false assertions
perjury o N.B. In light of these, generally, a petition filed in court where fal
se statements are made, the crime is perjury. Must the proceedings terminate fir
st? o No. It is not necessary that the proceeding where the false statements wer
e made must terminate first.

Elements? o 1. Party offers the document in evidence o 2. He knows that the docu
ment is false Malicious procurement of search warrant and use of perjured docume
nt what crimes are committed? o 1. Malicious procurement of search warrant o 2.
Perjury o N.B. These are NOT complexed (see discussion in Title II)
MONOPOLIES, ETC (185-6) RA 9184
What is RA 9184? o Procurement Act of Government
What are the prohibited acts for public officers under this law? o 1. Opening s
ealed bid prior to time appointed for opening o 2. Delaying without just cause t
he screening for eligibility, opening of bids, evaluation, or postevaluation of
bids, and awarding beyond allowable period o 3. Unduly influencing or using undu
e pressure on the Bids and Awards Committee to accept a particular bid o 4. Spli
tting of contracts which exceed purchase limits and competitive bidding
OFFERING FALSE TESTIMONY IN EVIDENCE (184)
146

o 5. Rejecting bids due to manifest preference for a closely related bidder o Ca


n they still be prosecuted under RA 3019?
Yes. What are the prohibited acts for
private individuals and colluding public officers? o 1. Two or more bidders agre
e and pre-arrange multiple bids where one is obviously better than the other to
give semblance of competitive bidding o 2. One bidder maliciously submits differ
ent bids through different persons, to pretend that there is competitive bidding
o 3. Entering into contracts where one party refrains from bidding or withdraws
one already made o 4. Schemes that naturally reduce competitive bidding o What
are the accessory penalties for offenses #1-4? Public officer suffers temporary
or perpetual DQ from public office The private person cannot transact with gover
nment again o 5. Submitting false eligibility requirements o 6. Submitting falsi
fied information in bidding documents
o 7. Participating in bidding using anothers name or allowing another to use ones
name o 8. Withdraw a bid after it has been named highest-rated or lowest-calcula
ted without just cause or to cause the bid to be awarded to another
Includes non
-submission of final requirements after acceptance, such as security, etc. V: RE
LATED TO OPIUM What changes did the DDA bring about to this title? o 1. The pena
lties do not use nomenclature of RPC anymore o 2. The penalty is no longer based
on quantity involved except for possession o 3. Use of dangerous drugs now has
a graduated penalty
First offense is 6 months rehab
Second offense onwards has i
mprisonment already What if possession and use concur? Possession applies, not u
se What if sale and possession concur?
Sale applies, not possession
147

o 4. Anyone charged under DDA cannot avail of plea bargaining


What about probati
on law? Only those convicted for drug pushing or trafficking are exempted o 5. A
ccessory penalties apply not just after conviction but even during appeal What i
s the new classification of drugs? o 1. Dangerous drugs o 2. Controlled precurso
rs and essential chemicals Who are the new additional offenders? o 1. Financier
person who pays for or underwrites illegal activities in the DDA o 2. Protector/
coddler person who knowingly and willfully consents to the unlawful acts in the
DDA and uses his power or position to shield, harbor, screen, or facilitate esca
pe of any person who has violated the DDA What are the new offenses? o 1. Illega
l chemical diversion of controlled precursors and essential chemicals
Sale, dist
ribution, supply, or transport of legitimately imported, manufactured, or procur
ed CPECs to any person or entity manufacturing DDs o 2. Failure to maintain and
keep original records on transactions with DDs or CPECs
148

o 3. Misappropriation, misapplication, or failure of public officer or employee


to account for confiscated DDs, plant sources, paraphernalia or benefiting from
these o 4. Planting as evidence any DD/CPEC
It can even be by private persons o
5. Violation of any RR of the DD Board o 6. Issuance of false or fraudulent drug
test results o 7. Violation of confidentiality of records o 8. Refusal of membe
rs of law enforcement agencies or any government official/employee to testify as
prosecution witness in DD cases o 9. Delay and bungling in the prosecution of d
rug cases by government officer or employee What are the old offenses carried ov
er? o 1. Importation of DD/CPCE Also, importation of such through diplomatic pas
sport, diplomatic facilities, or other means using official status o 2. Financin
g, organizing, managing o 3. Protecting/coddling o 4. Selling or distributing or
brokering transaction of DD/CPCE o 5. Use by drug pushers of minors or mentally
incapacitated individuals as couriers or runners o 6. Maintaining drug den, div
e, or resort where DD/CPCE is used Being employed by or visiting such dens

Protecting or coddling such dens o 7. Manufacture of DDs/CPCEs


Or instruments, e
quipment, apparatus, etc. o 8. Possession of DDs or instruments
Aggravated if du
ring social gatherings (see below) o 9. Use of DDs o 10. Cultivation of plants c
lassified as DDs or sources o 11. Unnecessary prescription of DDs o 12. Unlawful
prescription of DDs o 13. Attempt or conspiracy (see below) What is the rule on
attempt or conspiracy to commit unlawful acts? o They have the same penalty as
the consummated crime in the offense of: o 1. Importation of DDs/CPECs o 2. Sale
, trade, administration, dispensation, delivery, distribution, or transportation
of any DDs/CPECs o 3. Maintenance of a den, dive, or resort where DDs are used
o 4. Manufacture of DDs/CPECs o 5. Cultivation and culture of plants which are s
ources of DDs/CPECs o N.B. these mostly relate to production and sale/distributi
on

What are the qualifying or aggravating circumstances? o 1. Crime committed under


the influence of drugs o 2. Possession of DDs or equipment aggravated if posses
sed during parties, social gatherings, or meetings, or in the proximate company
of at least two persons What is the nature of violations of the DDA? o Malum pro
hibitum What are the new programs for treatment and rehab of drug dependents? o
A drug dependent or any person who uses DDs may apply to the DD Board for treatm
ent and rehab. Effects:
1. Exempted from criminal liability
2. Placed on probati
on and undergo community service 3. Charged for violation of use of drugs o Or c
ompulsorily confined under the Compulsory Submission Program by petition of the
DD board to the RTC When is the only time the RPC has any effect? o When the acc
used is a minor who is convicted of Reclusion Perpetua (because otherwise, the o
ther offenders are charged with Life Imprisonment or other non-RPC-nomenclature
sentences)
149

VI: CRIMES AGAINST PUBLIC MORALS GRAVE SCANDAL (200)


What is punished here? o Hi
ghly scandalous conduct Where must it be commited? o Must be in a public place.
Must be in public view o Unless there is an element of publicity, there is no gr
ave scandal. Ex. the accused and her paramour were committing adultery in a priv
ate place (kitchen of womans house) What is the test of obscenity? o Whether it s
hocks the ordinary and common sense of men. o Whether the tendency of the matter
is to deprave or corrupt those whose minds are open to those immoral influences
. Is nudity obscene per se? o Mere nudity in art or sculpture is not obscene sin
ce this can be a work of art. o If the nude representations are sold for commerc
ial purposes and not the sake of art, it may fall under this provision on obscen
ity. How about actual exhibition of sexual intercourse in public?
o It is a crime under this provision. There is no art here. What must be the nat
ure of commercial distribution? o It must be distributed widespread or to many p
eople, because if it is isolated, then it does not disturb the law
RA 9995 law punishing video and photo voyeurism (amended Art. 201):
What are the
crimes punished under RA 9995? o 1. Taking a video or photo of sexual act witho
ut consent of person o 2. Capture image of body parts (breast, buttocks, genital
s, etc.) without consent of the person N.B.: For above, there must be reasonable
expectation of privacy which was violated
If a couple goes to a motel, is there
an expectation of privacy?
Yes. That is why they went to the motel. What is Reas
onable expectation of privacy?
The person concerned believes that she can disrobe
in privacy without being concerned that she
IMMORAL DOCTRINES, OBSCENE PUBLICATIONS, ETC. (201)

150

would be captured in photo or video o 3. To sell, copy, or cause distribution of


the video or photos even when there is consent by the persons involved o 4. To
broadcast in print, radio, or video these sexual acts (even in VCD or DVD) o N.B
. So lack of consent is not an element when the material is being distributed al
ready Can this video or photo be submitted as evidence? o No. This photo or vide
o is inadmissible for evidence. o Exception: police can apply to court for an or
der to take a photo or video of a couple for investigation and apprehension of t
hose committing this crime. Relate to RA 7610 - Child abuse law: o Those who coe
rce or induce a child (person under 18, or over 18 but suffering from mental or
physical defect) hired to perform in indecent shows or obscene publications o He
re, the child is exempt from punishment because the child is a victim. o Who are
liable?
Ascendant, guardian, any person entrusted with care of child
Person who
induces or coerces the child

Amended by RA 9344, Sec. 58: o Persons below 18 are exempt from criminal liabili
ty from prosecution for vagrancy or prostitution o Or mendicancy under PD 1563 W
ho are vagrants? o 1. Person with no apparent means of subsistence, but has phys
ical ability to work, and who neglects to apply himself to some lawful calling o
2. Person loitering or wandering about with no visible means of support o 3. Id
le person who lodges in houses of ill repute; ruffians or pimps o 4. Loitering i
n inhabited or uninhabited place belonging to another without any lawful or just
ifiable reason o 5. Prostitutes RA 7610: Who are liable? o 1. Pimps o 2. Those o
ther persons that procure child prostitutes or encourage them o 3. Those who eng
age in sexual intercourse with children o 4. Those deriving profit or advantage
(e.g. owners of establishment) Further amended by RA 9208 anti-trafficking of pe
rsons act of 2003:
VAGRANTS AND PROSTITUTES (202)
151

o Covers sex-tourism, qualified trafficking of persons, etc. When is trafficking


of persons qualified under RA 9208? o 1. If the trafficked person is a child (u
nder 18 or over 18 but has mental or physical defect) o 2. Offender is in milita
ry or law enforcement agencies o 3. If the offended person dies, becomes insane,
gets AIDS/HIV, is mutilated What are the civil liabilities of the offender? o O
ffender liable to trafficked person from personal properties o If insolvent, tak
e value from those proceeds and instruments derived from trafficking, that are c
onfiscated What are the special features of RA 9208? o 1. THERE CAN BE INDEPENDE
NT ACTION for civil liabilities under this law o 2. Exempt from filing fees What
are the punishable acts of child prostitution? o 1. Promoting, facilitating, or
inducing child prostitution
When is there attempt to commit child prostitution
under this paragraph?
152
R.A. 7610 SPECIAL PROTECTION AGAINST CHILD ABUSE

Person who is not a relative of the child is found alone with the latter inside
a room, inn, vehicle, or secluded area under circumstances that would lead a rea
sonable person to believe the child is about to be exploited o 2. Those who comm
it sexual intercourse or lascivious conduct with child exploited in prostitution
When is the offender charged under the RPC instead?
When the child is under 12,
which is statutory rape When is there attempt to commit child prostitution unde
r this paragraph?
Receiving services from child in massage parlor, sauna, or hea
lth club, etc. o 3. Deriving profit or advantage from child prostitution What ar
e the punishable acts of child trafficking? o 1. Any person who engages in tradi
ng and dealing with children, as in buying and selling children for consideratio
n o 2. Qualified if victim is less than 12 When is there attempted child traffic
king?

o 1. Child travels alone to foreign country without valid reason, clearance from
parents or guardian, or DSWD o 2. Person or institution recruits women or coupl
es to bear children to be trafficked o 3. Doctor, midwife, nurse, or other hospi
tal employee simulates birth for purpose of child trafficking o 4. Person engage
s in act of finding children among low-income families, hospitals, clinics, etc.
for purpose of child trafficking VII: CRIMES COMMITTED BY PUBLIC OFFICERS WHO A
RE PUBLIC OFFICERS? (203)
What is the coverage of public officers under this Title
? o Definition in 203 is extensive and comprehensive. Embraces all public servan
ts, from highest to lowest. Removes distinction between officers and employees.
o Definition includes those occupying positions in government, highest to lowest
, permanent or temporary. o Includes those with positions in GOCCs, including GS
IS, Postal Service.

Includes subsidiaries of GOCCs, whether created under Corporation Code or origin


al charters. Whether stock or non-stock, vested with functions relating to publi
c needs (governmental or proprietary), owned by government either wholly or part
ially
Crimes committed by judgment
What are the crimes under this subdivision? o 1. Kn
owingly rendering an unjust decision (204) o 2. Rendering unjust decision throug
h inexcusable negligence (205) o 3. Unjust interlocutory order (206) o 4. Malici
ous delay in administration of justice (207) o 5. Dereliction of duty (prevarica
cion) (207) o 6. Betrayal of trust by attorney (208) To which judges does this p
rovision apply to? o Applies to the judges of the first and second levels (MTC,
RTC) o But not justices of appellate courts, SC, or Sandiganbayan (those who ren
der collective judgment after due deliberation) What is the nature of this offen
se?
KNOWINGLY RENDERING AN UNJUST DECISION (204)

153

o Judge must commit breach of positive statutory duty or performance of discreti


onary act with improper or corrupt motive When is a judgment unjust? o Contrary
to law, not supported by evidence, made with conscious and deliberate intent to
do injustice o There must be intent + overt act
It is not enough that the judgme
nt is contrary to law or that the judgment is not supported by evidence there MU
ST be intent on the part of the judge to do the injustice. o Can this be committ
ed by culpa? No. This crime is malum in se. It cannot be committed by culpa. A j
udge renders a decision that is not based on evidence on record, and he is aware
of it. He still renders the decision. Is he ipso facto criminally liable? o No.
The judgment of the court must first become final and executory before he can b
e charged of a violation of Art. 204. o What prerequisite proceedings are contem
plated?
1. There must be a decision of an appellate court, in prohibition/certio
rari/appeal impugning the validity of the decision OR
154

2. There is an administrative charge against the judge for promulgating the unju
st order
MANIFESTLY
UNJUST JUDGMENT THROUGH INEXCUSABLE
NEGLIGENCE (205)

When is there inexcusable negligence? o If the mistake of the judge cannot be ex


plained; there is a manifest injustice with no reasonable explanation. When is a
judgment unjust? o When it is contrary to evidence on record or the law. Can th
is be committed by culpa? o Yes. Unlike Art. 204, a judge may be liable by culpa
. When does liability attach? o Not only erroneous, but motivated by dishonestly
, hatred, or some other evil motive What can the judge invoke as a defense again
st ignorance of the law? o 1. Good faith o 2. Absence of malice o 3. Improper co
nsideration Elements: o 1. Judge either:
A. Renders manifestly interlocutory ord
er or
UNJUST INTERLOCUTORY ORDER (206)
unjust

B. Decree through inexcusable negligence or ignorance o 2. Either by dolo or cul


pa What is an interlocutory order? o One that does not finally dispose of the ca
se What is the nature of this felony? o Felony by dolo. Must be committed with c
orrupt motives or malice, by a judge in delaying the administration of justice.
What is required? o Mere delay is not enough. There must be intent to deliberate
ly delay. Who is liable for prevaricacion/dereliction of duty? o Public officer
who, in dereliction of his duties, maliciously refrains from instituting prosecu
tion for violation of laws or tolerates commission of these acts Who are the off
icers liable here? o Those charged in institution or filing of criminal complain
ts against violators of the law
Ex. Agents of the NBI, PDEA, prosecutors, OMB, s
pecial prosecutor, etc. o Those charged with enforcement of internal revenue law
s are NOT included
155

MALICIOUS DELAY IN ADMINISTRATION OF JUSTICE (207)

PREVARICACION/DERELICTION OF DUTY (208)

What is the nature of this felony? o This is malum in se. o Although the crime m
ay be committed by tolerance, however, the law expressly requires that the publi
c officer/employee MALICIOUSLY refrains from instituting or prosecuting violatio
ns of the law. What is the condition sine qua non before a public officer/employ
ee can be charged with prevaricacion? o The offender whom the public officer ref
used to charge/prosecute must FIRST be prosecuted and convicted for that crime w
hose prosecution was omitted by the public officer o This is a condition sine qu
a non to prevaricacion What crimes does prevaricacion touch upon? o Refers to bo
th RPC and SPL crimes What about public officers and employees not tasked with i
nstituting criminal actions or prosecuting them? o 1. They can be liable under P
D 1829 obstruction of justice o 2. May also be held as accessories under Art. 19
of RPC Are they liable for any other crime? o Violation of Anti-Graft and Corru
pt Practices law, in addition to liability under Art. 208.

What is the relationship between prevaricacion and qualified bribery? o Prevaric


acion is a constituent element of qualified bribery (Art. 211-A). The officer ha
s to be convicted of prevaricacion first of an offense punishable by RP. And the
n, he can be charged with qualified bribery if he accepted consideration for suc
h dereliction. Who can commit a violation under this provision? o Can only be co
mmitted by attorney-at-law (no more procurador judicial anymore) First form of v
iolation: o Client must suffer prejudice due to malicious breach of lawyer of pr
ofessional duty, or inexcusable negligence, or ignorance o What is prejudice?
Mate
rial or moral damage o Where else is the lawyer liable under? Sec. 4B of RA 3019
Anti Graft and Corrupt Practices Law if the lawyer knowingly induces or causes
public official to commit any of the offenses under Sec. 3 of the RA 3019 o Prac
ticing lawyer may also be liable for bribery under this provision, if he connive
s with a public officer. Second form:
156

BETRAYAL OF TRUST BY ATTORNEY OR SOLICITOR (209)


o Revealing clients secrets learned by him through professional capacity o N.B. N
o need to prove damage or prejudice here Third form: o Undertaking defense of op
posing party in the same case without consent of first client o No liability for
lawyer if the client accedes to the lawyer representing another
Bribery DIRECT BRIBERY (210)
Three forms of direct bribery: o 1. Public Officer:
agrees to perform a criminal act,
in connection with official duties,
in consid
eration of any offer, promise, gift, or present
received by him or through media
tion of another whether the crime is committed by him or another o 2. Acceptance
of gift, etc. for a non-criminal act o 3. Acceptance of gift, etc. in considera
tion for refraining from doing something which is his duty to do Who commits the
crime of bribery? o Crime of bribery is committed by the public officer.

o What about the gift-giver?


Giver of the gift commits corruption of public offi
cer. What are the elements of the first mode? o 1. Accused is a public officer o
2. He receives directly or through mediation of another some gift, etc. o 3. Gi
ven in consideration of commission of commission by the P.O. of some crime in co
nnection with performance of his duties Second mode? o 1. Act in consideration f
or which the gift, etc. was given does not constitute a crime
For the public off
icer to be liable for direct bribery under the 2nd form, although the act of the
P.O. does not constitute a crime, the act must be unjust o 2. The act or crime
relates to P.O.s exercise of functions What if the act is not part of his duties?
o If the act is ENTIRELY outside his official functions, not liable for direct
bribery. o Ex. If a public officer represents to an individual that he can issue
a permit, but he cannot issue it in actuality, he is not liable for direct brib
ery. He is liable for estafa. When is bribery consummated?

o Because the gravamen of the crime is the offer or promise and the acceptance,
the crime is consummated upon acceptance of the offer/promise. o It does not mat
ter whether the offered thing is actually given to the officer as long as there
is offer and acceptance, there is consummation Does physical receipt per se amou
nt to consummation? o No. o Pelegrino v. P: The offered money was left on the ta
ble. The public officer gets the envelope and says ano to? HELD: Mere physical rec
eipt without any other act or sign showing acceptance cannot lead the court to c
onclude that bribery has been committed. There must be physical act indicating a
cceptance. What constitutes gift or present? Can it be services? o Yes. The gift o
r present may be in the form of services to be rendered by the bribe giver. A pr
omise to do an act that would have pecuniary gain to the PO is a present. o It i
s enough if a reward or personal advantage would accrue to the PO from the perfo
rmance of an act by the bribe giver, and he values it highly Can there be attemp
ted or frustrated bribery?
157

o NO. Read on as to why even if the court keeps on deciding there is attempted br
ibery, there is actually none. To be safe, however, follow the SC decisions for t
he Bar. o De Los Angeles v. P lawyer promised and actually delivered to NBI mone
y to spare his client from investigation for smuggling of aliens. NBI agent acce
pted the money, but the agent gave it to his superior to use as evidence against
the smuggler. What crime was committed?
Attempted bribery. o US v. Te Tong Appe
llant offered money to Chief of Police for the latter to release certain merchan
dise seized from appellant in gambling. The police accepted it, but to use it as
evidence against appellant. What crime? Attempted bribery as well. o P v. Ng Pe
k Appellant offered money to the police to dissuade them from arresting him and
charging him for violation of ordinance. Policemen refused to accept the money.
What crime?
Attempted bribery. o N.B.: the one guilty of bribery is the public o
fficer, but why is it that in these three cases, there was attempted bribery?
It
must have been attempted CORRUPTION OF PUBLIC OFFICER.
158

Must the gift be offered or can it be solicited? o The present or gift may be so
licited by the public officer or employee. If does not distinguish whether offer
ed by the bribe giver or solicited by the officer Must the act be done? o No. It
does not matter. o In fact, if the criminal act was actually done by the PO, he
is guilty of two crimes: direct bribery + that crime. (Article 48 does not appl
y.) o May he be charged simultaneously for these two crimes?
Yes. o Supposing he
received the bribe to commit a criminal act, but the officer did not commit the
criminal act? He is liable for bribery under the first mode. It does not matter
if he actually commits the crime or not. When are there multiple counts of brib
ery? o There are as many crimes of direct bribery as the number of times a bribe
is offered and received/accepted. o Ex. LTO inspector every time he checked and
he was offered money and he accepted it to do a criminal act Mariposque case (m
ode 2) A robbery was committed, and X, a police officer, told the victim: I

will recover your property, but you have to give me PHP 5,800. Private complainan
t agreed. X recovered it. He did not deliver it. o The recovery of the property
was not a crime. But there was an obligation to return the property. It was his
duty to do so. His refusal to do so is not a crime, but it is unjust. So it fall
s under Mode 2. May a private individual be liable for bribery? o Asejas was a p
racticing lawyer. His Japanese client came to the Philippines. He told his clien
t there is a complaint against you. Immigration agents told client: Give P25K so we
wont investigate you. Lawyer connived with the public officers and encouraged his
client to give money. He did. o HELD: Private person (lawyer) was liable for br
ibery for acting in conspiracy with the public officers. o N.B. The Japanese cli
ent gave money because he was afraid to be charged for any irregularity in the V
ISA/ violation of DDA. Shouldnt they have been charged for robbery/extortion?
Bri
bery must be given voluntarily.
That is the difference between bribery (voluntar
y giving) and robbery/extortion (involuntarily, through threat) When can a judge
be an accomplice?
159

o Judge was an accomplice when he allowed his chambers to be used for the briber
y transaction between the police and the suspected criminal for illegal possessi
on When is a judge the PDP in this transaction? o Judge was PDP when he acted as
the broker in bribery What is indirect bribery? o Public officer accepting gift
s given by reason of his office Distinguish from direct bribery: o Indirect no s
uch agreement to perform or not perform an act. PO is not required to do anythin
g in particular. Enough that he received the gift/present by reason of his offic
e N.B. Relate with Art. 208 (prevaricacion) When does this happen? o Public offi
cer is entrusted with law enforcement and he refrains from arresting or prosecut
ing an offender who has committed crime punishable by RP and in consideration of
offer, promise, gift, etc. To what crimes does this apply? o Crimes punishable
by RP Must it be RPC or can it be SPL?
INDIRECT BRIBERY (211)

QUALIFIED BRIBERY (211-A)

o RPC crimes and SPLs using RPC nomenclature (since the felony uses RP) What is th
e condition sine qua non? o The officer must first be convicted for prevaricacio
n, prior to conviction for qualified bribery. What is this crime? o The act of o
ffering or giving to the public officer gifts, presents, etc. It must be by reas
on of his public office. o N.B. the public officer is liable for bribery Can the
re be attempted corruption of public officers under Art. 212? o Yes, when the of
ficer refused to be corrupted. But there is no frustration of this crime because
once the public officer concurs, then the crime is consummated.

CORRUPTION OF PUBLIC OFFICERS (212)

Frauds, illegal exactions and transactions, malversation FRAUDS AGAINST PUBLIC T


REASURY, ETC. (213)
What is the offense under the first paragraph? o In official
capacity, entering into agreement for scheme to defraud government o When is it
consummated? Consummated by merely entering into agreement by public officer/em
ployee
160

with interested party or speculator no need for damage to be proven o What is th


e nature of this act?
Crime by dolo What is the offense under the second paragra
ph? o Person who is in charge of collecting taxes, licenses, fees who: 1. Demand
s payment of larger sums 2. Fails to issue a receipt voluntarily
3. Collecting o
r receiving things or objects of nature different from that provided by law o Me
re demand of sums different or mere failure to issue receipts consummates the cr
ime. Not required for State to suffer damage. o What is the nature of this act?
Mala prohibita o If accountable officer demands amount in excess of what is due
to the government, the amount due to the government is still public property but
the excess is private property May private individuals be liable under Art 213?
o Yes, if there is conspiracy with public officer. Elements? o 1. Offender is a
public officer o 2. He has custody or control of funds by reason of duties of o
ffice
MALVERSATION (217)

o 3. Those funds/property are public funds for which he is accountable o 4. He a


ppropriates, takes, misappropriates, consents, or through abandonment/negligence
, permits another to take the same
N.B. shows that malversation can be by dolo/c
ulpa Is demand an element? o No. Demand is NOT an element of the crime. How is m
alversation committed? o 1. Misappropriation of public funds o 2. The taking of
such property o 3. Consenting another to take such property, whether wholly or p
artially o 4. Permitting another due to negligence or abandonment of duty, to ta
ke such public funds or property How can this be committed? o By dolo or culpa W
hat are the described public properties or funds here? o 1. Public funds owned b
y national government or any of its agencies, including LGUs, GOCCs, under the c
ustody of the accountable officers o 2. Funds or property under custodia legis w
hich are attached, seized, or deposited with private individuals or public autho
rities under the law or by orders of the courts or executive
161

officers even if such funds belong to public individuals o 3. Funds and properti
es of public corporations or special instrumentalities such as the PCSO as well
as the PNRC are public funds/properties
Amounts loaned to private individuals by
GOCCs are private loans and are therefore not public property or funds What is
the purpose of Art. 217? o The SC ruled that the law is designed to protect the
government and penalize erring public officers conspiring with private individua
ls resulting to loss of public funds and property due to corruption or neglect o
f duty What is to appropriate? o To use public funds or property for himself or co
nvert the same for his personal advantage o Includes any attempt to dispose of p
ublic funds or property without any legal right What is taking? o Concept of takin
g in malversation is the same concept as taking in theft or robbery o Once a pub
lic officer has possession of public property, however brief as may be, and disp
oses of the same, he is liable for Malversation Who is an accountable officer?

o By reason of office, is accountable for public funds or property o Every offic


er of government agency whose duties permit or require the possession or custody
of government funds or property and who shall be accountable therefore and for
safekeeping thereof in conformity with law o What about donations made by privat
e individuals to government, are they public funds/property?
Yes, whether domest
ic or foreign source, when duly accepted by government (because these are remitt
ed to the national treasury and for which a general fund is provided for). Even
the proceeds are public funds or property. o What is the test to determine who i
s accountable? The nature of the duties CONTROLS and not the nomenclature of the
office X is a municipal mayor; he went to Manila on official business. He got a
cash advance. Under the LGC, if you are given a cash advance, you have to accou
nt for this when you return from your destination. If he fails to account for it
, although he was not benefited. Is he liable? o HELD: The municipal mayor is an
accountable officer, because under the Government
162

Auditing Code, he was obliged to account for the cash advance. Fact of lack of b
enefit does not exempt him from liability. X and Y are both public officers. X i
s accountable, Y is not. They use public funds to drink beer. o HELD: X is liabl
e for malversation. Y is not; he is liable for theft. Can a sheriff be liable fo
r malversation? o Yes, because those taken under official duties are in custodia
legis
Ex. Received money from execution sale and misappropriates it o What are
the fiduciary funds of the courts?
Ex. Bail bonds
Ex. Funds from extrajudicial f
oreclosure, even if destined for a private person, since it is momentarily entru
sted to the one conducting public auction o Money and property is under custodia
legis if taken through official judicial processes. What is the rule under RA 9
165, DDL? o Any public officer or employee who is accountable for seized/surrend
ered dangerous drugs is liable under the law: life imprisonment to death o Can m
isappropriation of seized drugs be covered by Art. 217?
Not anymore. It should b
e prosecuted under R.A. 9165 alone.

If a private individual profits from the fruits of malversation, since he cooper


ates as an accessory, can he be liable? o He can be liable for malversation as a
n accessory. There must be concrete evidence that: o 1. He received public funds
/property o 2. There is a shortage of such Can a public officer give vale (allowan
ces) to a co-employee? o No. Government Auditing Code you cannot give vale to a co
-government employee. To tolerate such a practice is to sanction every public of
ficer to turn public funds into a lending business. So giving vale is NOT ALLOWED.
If one misappropriates different types of property: guns, money, etc., how many
crimes are committed? o If he did everything in one occasion, just one crime o
If multiple times, as many crimes of malversation as the number of times he misa
ppropriated. o N.B. So it is determined by instances, not types of property. Cle
rk of court has custody of 100K consigned with court. The sheriff stole it when
the clerk went out for lunch. Is the sheriff guilty of malversation?
163

o No. He is not the accountable officer. If the clerk is negligent, he is liable


for malversation through negligence. The sheriff is liable for theft. What is t
he effect of restitution? o Restitution does not exempt him from criminal liabil
ity, o At best it is a mitigating circumstance analogous to voluntary surrender.
If person is charged with dolo, can he be found to have committed it by culpa?
o Yes. Do the aggravating circumstances of abuse of confidence and taking advant
age of public position apply? o No, they are INHERENT in crime of malversation.
Elements: o 1. Public officer o 2. Accountable officer o 3. Required by law or r
egulation to render accounts to government or provincial auditor o 4. Fails to m
ake account within 2 months Elements: o 1. Public officer
FAILURE TO ACCOUNT (218)
TECHNICAL MALVERSATION (220)

o 2. Has public fund or property under administration o 3. Has been appropriated


by law or ordinance o 4. Applies such fund or property for public use OTHER THA
N that for which it has been appropriated for Gravamen of crime: use or applicat
ion of funds/property for some other purpose than that provided for by law or or
dinance o But he did not get it for himself Is this included in malversation in
217? o No, this is separate and independent from malversation in Art. 217 Does or
dinance include appropriations even by boards? o Yes.

not grossly, it is just ground for administrative sanction. What are the element
s of evasion through negligence? o 1. Offender is public officer o 2. He is char
ged with conveyance or custody of prisoner (whether detention or final judgment)
o 3. Prisoner escapes due to officers negligence Does evasion through negligence
require connivance or consent of the officer? o No. This is evasion through dol
o. Can private persons be liable under this provision? o Yes, for both forms, bu
t the penalty is lower. The private person must be entrusted with custody of the
prisoner. What are the elements of infidelity in custody of documents? o 1. Off
ender is public officer o 2. Document is abstracted, destroyed, or concealed o 3
. The document was entrusted to the officer by reason of his office o 4. Damage
or prejudice to the public interest or a third person What are the modes of comm
itting this offense?
INFIDELITY IN THE CUSTODY OF DOCUMENTS (226-8) Infidelity of public officers INF
IDELITY IN THE CUSTODY OF PRISONERS (223-5)
How is infidelity in the custody of
prisoners committed? o By dolo or culpa. Dolo with connivance or consent
Culpa w
ith negligence o What kind of negligence is required here? One that approximates
malice or deliberateness. If one was negligent but

164

o 1. Officer removes, destroys, conceals documents entrusted to him


Must have da
mage o 2. Officer breaks the seals or permits them to be broken and the officer
is charged with custody of the papers o 3. Officer breaks the seals or permits t
hem to be broken and the officer is NOT charged with custody of the papers Disti
nguish this from qualified theft: o Infidelity: mail matter is entrusted to the
official custodian thereof o Qualified theft: mail matter not entrusted, but in
the course of performance of duty, he handles mail matter and misappropriates it
What is covered by these provisions? o 1. Public officer who reveals secret kno
wn to him by reason of official capacity o 2. Public officer wrongfully delivers
papers he is in charge of and which should not be published o 3. Public officer
who reveals secrets of private individual known to him by reason of official ca
pacity
OPENLY REFUSE COURT, ETC. (231)
TO EXECUTE JUDGMENT OF SUPERIOR

What is openly refusing? o Promptly and unreservedly refusing to execute judgmen


t o There must be clear and manifest refusal o And there must be criminal intent
to defy superior authority What if the decision is void? o Disobedience to void
or invalid decision is not a crime What are the other kinds of refusal? o 1. Di
sobedience to order of superior officer o 2. Refusal of assistance in the admini
stration of justice or other public service o 3. Refusal to discharge elective o
ffice See RA 9745 law on torture Who are the public officers? o Those with custo
dy of or in charge of the prisoner o Custody must be actual and not just by fict
ion of law Who is the victim? o The prisoner, the detention prisoner, or convict
who was subjected to maltreatment
OTHER REFUSALS (232-4)
REVELATION OF SECRETS (229-230)
MALTREATMENT OF PRISONERS (235)
Other offenses or irregularities
165

If he inflicts physical injuries without intent to kill or he kills the prisoner


, he may be guilty for maltreatment of prisoners and either PI or homicide/murde
r
PROLONGATION, ABANDONMENT OF DUTIES
ANTICIPATION, (236-8)
o Merely recommending is not a crime under this provision. o To be liable must n
ominate someone not qualified ABUSES AGAINST CHASTITY (245)
What are the violati
ons? o 1. Public officer solicits or makes immoral or indecent advances to a wom
an interested in matters pending before such officer No need for solicitation to
be accepted o 2. Warden or other public officer directly charged with care/cust
ody of prisoners or persons under arrest solicits or makes indecent advances to
a woman under his custody o 3. Jail warden makes immoral advances or solicitatio
n to the wife, daughter, sister, or relative within the same degree of affinity
of any person in the custody of such warden/officer
So here, the prisoner is mal
e but the solicitation is against a female N.B. doesnt cover mothers What if a cr
ime against chastity or person is committed? o Art. 245 is absorbed Public Autho
rity is an Aggravating circumstance
Judge who continues to exercise functions of an abolished position, in GF, is a
de facto officer Abandonment must be total and under such circumstances indicati
ng absolute relinquishment
EXECUTIVE
USURPATION OF LEGISLATIVE POWERS / FUNCTIONS/ LEGISLATIVE FUNCTIONS (239-241)
Usurpation of one department of the powers of another Does not cover usurpation
within the same department. Different provision covers such usurpation
UNLAWFUL APPOINTMENTS (244)
What is required? o Must be aware that the person no
minated or appointee does not have the legal qualifications. Is good faith a def
ense? o Yes. Differentiate nominating and recommending:

R.A. 3019 ANTI-GRAFT AND CORRUPT PRACTICES ACT


166

What does RA 3019 cover? o 1. Covers elected and appointed officials and employe
es, permanent or temporary, whether classified, unclassified, or exempt service
receiving compensation, even nominal, from government o 2. Also covers the priva
te individuals involved in paragraphs B, C, D, and K (one who urges release of c
onfidential information for K) What are the punishable acts? o a. Persuading, in
fluencing, or inducing a public officer to commit a violation or offense o b. Re
questing or receiving any benefit for himself or another in a transaction with G
overnment where the public officer has to intervene o c. Requesting or receiving
any benefit from another for whom the public officer will secure or has secured
a government permit or license o d. Accepting or having a family member accept
employment in private enterprise with pending official business with him
During
pendency and up until 1 year after termination o e. Causing undue injury to a pa
rty/government or granting unwarranted benefits to a party through evident BF or
manifest gross inexcusable negligence

o f. Neglecting or refusing to act upon official duty with just cause to obtain
some benefit or to discriminate against/favor a party o g. Entering in manifestl
y and grossly disadvantageous contract on behalf of Government o h. Having pecun
iary interest in any transaction with Government upon whom he intervenes o i. Ha
ving material interest in any transaction or act requiring discretionary approva
l by a board which he is part of, even if he votes in the negative o j. Knowingl
y granting a benefit in favor of an unqualified person or to a mere dummy of the
latter o k. Divulging confidential information What are the exceptions? o Unsol
icited gifts of small or insignificant value offered or given as mere ordinary t
oken of gratitude/friendship What is the definition of ill gotten wealth? o Any as
set, property, enterprise, or material possession of any person acquired by him
directly or indirectly through dummies, nominees, agents, subordinates, associat
es by any combination or series of the following means:
R.A. 7080 ANTI-PLUNDER ACT
167

1. Malversation of public funds 2. Receiving kickbacks or shares in government c


ontracts
3. Fraudulent conveyance of government assets
4. Accepting equity share
s or future employment in business enterprise
5. Establishing monopolies to bene
fit certain persons 6. Taking undue advantage of public position to enrich himse
lf What is the plunder? o Public officer who by himself or with others amasses i
ll-gotten wealth through a combination or series of overt or criminal acts (see
above) amounting to at least 75M pesos What is series/combination? o Series is the
repetition of the same predicate act o Combination is the commission of at leas
t two different predicate acts What is pattern? o At least two such acts within a
10-year span (from the RICO Act) What are liabilities of authorities? o 1. Unaut
horized or malicious interception or recording of communication or conversation
168

R.A. 9372 HSA


o 2. Failure to turn over detainee within 3 days to judicial authorities o 3. Vi
olating rights of the detainee o 4. Failure to keep official custodial logbook a
nd required contents o 5. Threat, intimidation, coercion, torture in investigati
on o 6. Infidelity in custody of detainees o 7. Unauthorized use of classified m
aterials o 8. Furnishing false evidence, forged document, spurious evidence o 9.
Refusal or delay in release of acquitted person What are the unlawful acts rela
ted to banks? o 1. Failure to notify person of freezing of bank deposits or acco
unts o 2. Copying, removing, destroying joint affidavits re: frozen deposits o 3
. Unauthorized or malicious examination of bank o 4. Bank officials or employees
defying court authorization o 5. Unjustified refusal to restore frozen deposits
o 6. Loss, misuse, diversion of frozen or seized assets
VIII: CRIMES AGAINST PERSONS PARRICIDE (246)

What are the elements of parricide? o 1. A person is killed o 2. The deceased is


killed by the accused o 3. Deceased is the parent or child (whether legitimate
or illegitimate), legitimate ascendant/descendant, or spouse of the accused o Wh
en is legitimate relationship required?
NOT between parent and child.
But for ev
ery other ascendantdescendant relationships, it must be legitimate. What if the
child is less than 3 days old? o The crime is infanticide Distinguish between pa
rricide and infanticide: o Basis of parricide is relationship; infanticide is ag
e o Parricide committed only by relatives enumerated; Infanticide committed by a
nyone o In parricide, conspiracy cannot be applied because relationship is an es
sential element, so the non-relative co-conspirator cannot be charged with parri
cide; Conspiracy can apply to infanticide because relationship is not determinin
g o Concealment of mothers dishonor is mitigating in infanticide but not parricid
e

Can parricide be complexed with unintentional abortion? o Yes. o Ex. X stabbed h


is wife to death, and the wife was pregnant at the time. The unborn child dies.
Is there robbery with parricide? o No. Its still robbery with homicide. Homicide is u
sed in its generic term, so it includes parricide and infanticide. Can it be com
mitted by culpa? o Yes. Can be committed by culpa o Ex. Spouses were quarreling
and in retaliation, the husband drove the car with recklessness, killing his wif
e. What if the victim did not die? o Frustrated or attempted parricide What if t
here is no intent to kill? o Physical injuries
DEATH UNDER EXCEPTIONAL CIRCUMSTANCES (247)
When does it apply? o Legally marrie
d person surprises his spouse in the act of sexual intercourse with another pers
on and kills any or both of them in the act or immediately thereafter
169

o Or under same circumstance, parents with respect to minor daughters living wit
h them, vis--vis seducers What must be the nature of intercourse? o Sexual interc
ourse must be consensual o Even if not consensual, Article 247 can still apply i
f husband acted due to mistake of fact. Does Article 247 cover sexual assault? o
No, it only mentions actual intercourse. RA 8353 did not amend Article 247. Wha
t if the killing happens an hour later? o It is fine, if the killing was still p
roximate and it must be the by-product of the spouses rage What if the spouses we
re living separately? o It is not a required element so Article 247 can still ap
ply. o But for minor daughters, she must live with her parents. What is the puni
shment? o Destierro, if there is death. o None, if only physical injuries o Must
the court take into consideration mitigating and aggravating circumstances?
No,
because destierro is not a punishment per se Who cannot benefit? o One who pros
titutes his spouse or daughter Is there civil liability for the killing of the p
aramour/spouse?
170

o No, because Art. 247 is an absolutory cause a crime is committed but there is
no criminal liability H caught his W in the act and told her to leave. W went in
side the bedroom to take her jewelries. H said W should just leave and not take
the jewelry. W tried to stab H, H stabbed W. Does Art 247 apply? o No; NOT Art.
247 because he was protecting himself. This was self-defense (Article 11). Can a
relative invoke Article 247? o No. But he can invoke Article 11, defense of hon
or but the act must be reasonable. What if in the course of firing upon his spou
se and the paramour, the offended spouse accidentally injures a third party caug
ht in the crossfire. What is the crime? o Article 365 applies: SPI/LSPI through
simple imprudence o It cannot be attempted homicide because there is no intent t
o kill and moreover, the accused was not committing a crime in killing his spous
e and the paramour
MURDER (248)
When is homicide qualified to murder? o 1. Treachery, superior stre
ngth, aid of armed men, employing means to weaken the defense

o 2. Price, reward, or promise o 3. Inundation, fire, poison, explosion, etc., o


r by means of motor vehicles o 4. On occasion of a calamity o 5. Evident premedi
tation o 6. Cruelty, scoffing at the corpse What if the killing is not homicide
(ex. parricide or infanticide)? o Then the qualifying circumstances above just b
ecome generic aggravating circumstances o It must be homicide What if there is m
ore than one qualifying circumstance for homicide to become murder? o It only ta
kes one to qualify it to murder o The other will become a generic aggravating ci
rcumstance (but since the DP has been abolished, so the penalty will not be affe
cted murder is already RP) May treachery apply in abberatio ictus? o Yes, if the
unintended victims were helpless to defend themselves What about dwelling and n
octurnity? o They are not qualifying per se, but they can be instrumental in tre
achery, which can qualify What is homicide?

HOMICIDE (249)
o Killing of any person which does not constitute parricide, murder, or infantic
ide, and without justifying circumstance What is the rule on intent to kill? o W
hen consummated, it is presumed and hence need not established o When the victim
did not die, intent to kill becomes a specific criminal intent which must be es
tablished BRD
Otherwise, just physical injuries o When death supervenes, intent
to kill is presumed from voluntary commission of an unlawful act Is there frustr
ated homicide through reckless imprudence? o No. Homicide means there is intent.
Fall back on the concept that if there is no death, no homicide is presumed. Wh
at is the special aggravating circumstance for those who commit murder, homicide
, SPI, or intentional mutilation and the victim is under 12, under RA 7610? o Th
e punishment is RP regardless When does VAWC apply, and when does homicide/murde
r apply? o If there is intent to kill, its attempted or frustrated murder/homicid
e. Of course, if the victim dies, murder/homicide.
171

o For acts of violence without intent to kill, VAWC applies. Under RA 8294, when
does illegal possession of firearms become aggravating? o For murder and homici
de.
Nepomuceno: included parricide in this provision, because it also involves t
aking of life o Whereas for rebellion/insurrection, sedition, attempted coup, its
just absorbed as an element of the crime. o N.B. Simple illegal possession of f
irearms can only be committed if no other crime is committed with such firearm.
If there is some other crime committed, the illegal possession is absolved (ex.
alarms and scandal, attempted homicide, etc.) o What is an unlicensed firearm?
1
. One without a license
2. One with expired license
3. Unauthorized use of licen
sed firearm in the commission of a crime o What about the use of unlawfully manu
factured, acquired, or possessed explosives? If used to commit ANY of the crimes
in the RPC and it results to injury or death of any person, it is an aggravatin
g circumstance
172

Except in furtherance of political crimes, which absorbs the use of explosives W


hat if a person is killed in the course of or in the occasion of carnapping? o I
t becomes qualified carnapping. Article 48 does NOT apply.
AND

DEATH IN TUMULTUOUS AFFRAY (251) INJURIES IN TUMULTUOUS AFFRAY (252)


PHYSICAL

What is the nature of Articles 251-2? o Does not define a crime. It only provide
s penalty. o What is contemplated here are deaths in a tumultuous affray where t
he actual killer (or inflictor of SPI) is not known. If the person is identifiab
le, then these articles do not apply. Elements of 251: o 1. Several persons mean
s more than 2 in each group o 2. They are not groups that are organized for the
purpose of attacking another
Otherwise, conspiracy will apply o 3. Persons attac
k one another is a tumultuous manner o 4. Cannot determine who killed the deceas
ed o 5. Person who inflicted physical injuries on the deceased can be identified
o Who is the victim in 251?

Someone meaning, it can be a participant or a mere passerby What about 252? o 1. S


ame circumstances, but nobody died; there are just SPI, and the person who actua
lly inflicted the SPI cannot be ascertained o 2. But those who inflicted violenc
e on the person can be determined o Who is the victim in 252?
Must be a particip
ant in the affray What if the person who committed the killing (251) or SPI (252
) can be ascertained? o Then neither 251 nor 252 can apply. What if one group in
a concerted and planned effort attacked the other and the latter only defended
themselves? o All of the members of the attacking group are liable for all injur
ies on the basis of Art. 8 (Conspiracy) the act of one is the act of all What if
the group is organized? o Then conspiracy will apply too.

o A person has decided to commit suicide and requested another to assist in his
suicide. o If the initiative did not come from the deceased, obviously, its homic
ide or murder. If X jumps to kill himself, lands on another, and kills that othe
r person, what is the crime? o S can be liable for the death of the other person
o Others believe not liable
DISCHARGE OF FIREARMS (254)
Elements: o 1. Offender discharges a firearm against
or towards another o 2. With no intention to kill or injure but only to scare W
hat if there is intent to kill? o Then it is murder or homicide in attempted or
frustrated stage What if there is no intent to kill but the person was hit? o Ph
ysical injuries (S, LS, or slight) What if he fires in the air? o Its Tumults/ser
ious disturbances (153) or Alarms and scandals (155) What if the firearm is unli
censed?

ASSISTANCE TO SUICIDE (253)


Is suicide a crime? o No. A person trying to commit
suicide does not commit a crime, even if he fails to kill himself. What is conte
mplated in 253?

173

o Under RA 8294, it doesnt matter because another crime is committed (discharge o


f firearms) Can discharge of firearms be complexed with S/LS Physical injuries?
o Yes. This is if a random person gets hit by the discharged bullet.
o If committed by the mother of the child to conceal her dishonor, her penalty i
s mitigated o Also can be committed by the maternal grandparents ABORTION (257-2
59)
When is there abortion? o 1. Fetus is still drawing life from his mother o 2
. Fetus is not yet breathing on its own o 3. Baby had intra-uterine life of less
than 7 months and is killed within 24 hours What are different kinds of abortio
n? o 1. Intentional abortion o 2. Unintentional abortion What are the means by w
hich intentional abortion is done and punished? o 1. Violence upon person of pre
gnant woman (RT) o 2. Without violence, but without consent of woman (PM) o 3. W
ith consent of woman (PC) What else in included? o 1. Abortion practiced by the
pregnant woman herself or her parents o 2. Abortion performed by a physician or
midwife
INFANTICIDE (255)
Elements: o 1. Child is born alive o 2. The child is already v
iable (capable of independent existence) Who is not viable?
Fetus with intra ute
rine life of 6 months or less What if the fetus is not yet viable? Then it is ab
ortion o 3. The infant killed was less than 3 days old Who can commit the crime?
o Anyone, even if not a relative Can treachery apply as an aggravating circumst
ance? o No. Treachery is inherent in infanticide o As with abuse of superior str
ength What is the extenuating circumstance of concealment of dishonor?

174

Does the alternative-aggravating circumstance of high degree of education apply


here?
No, the education is an element of the crime is already punished according
ly. Can there be frustrated abortion? o Yes, according to J. Regalado What is un
intentional abortion? o Another person (not the woman) causes abortion by violen
ce, but unintentionally
What does unintentional refer to?
There must be no intent
to abort the child. But unintentional does not refer to culpa, because there has t
o be prior violence with intent committed. o What if the violence was caused by
imprudence? It is not unintentional abortion It is reckless/simple imprudence re
sulting to unintentional abortion o X stabbed and killed his wife 9 months pregn
ant. What is the crime?
Parricide with unintentional abortion Does concealment o
f dishonor by the mother or maternal (almost) grandparents also apply to uninten
tional abortion?
175

o Yes. Intentional abortion With or without violence By woman herself another pe


rson Offender knows pregnancy of Unintentional abortion Always violence with phy
sical
or Always by another person the Offender may or may not know of the pregnancy Th
ere is intent to inflict violence, but no intent to abort
There is intent to abort
DUEL (260-1)
Elements: o 1. Previous agreement to fight o 2. Two or more seconds
for each combatant
N.B. seconds are those who enforce the rules of the duel, who
take their place if they cant finish, etc. o 3. Choice of arms and other terms of
agreement must be agreed upon by the seconds How is resulting death or injuries
punished? o Homicide or physical injuries Who is the offender? o 1. Person who
challenges another

o 2. Person who incites another to challenge an adversary o 3. Person who accept


s challenge from an adversary to a duel o 4. Scoffing or decrying another for ha
ving refused to accept a challenge to fight or duel MUTILATION (262)
What is mut
ilation? o Intentional chopping off of a part of the body which will not grow ag
ain What is controlling? o There must be intent to mutilate. So it cannot be by
culpa. What if there is no direct intent to mutilate? o Just serious physical in
juries What if there is intent to kill? o Frustrated homicide or parricide Can m
utilation be punished under VAWC? o No, because RA 9262 says that mutilation is
punished under the RPC, and not VAWC When is the punishment greatest? o When wha
t is cut off is a body part for reproduction
OF

SERIOUS PHYSICAL INJURIES (263) AND ADMINISTERING INJURIOUS SUBSTANCES OR BEVERA


GES (264)
What is the most important thing to remember for PI? o There must be no intent t
o kill How is SPI committed? o 1. Wounding, beating, or assaulting another (263)
o 2. Knowingly administering injurious substances or beverages (264a) o 3. Taki
ng advantage of his weakness of mind or credulity (264b) What is the classificat
ion of injuries and penalties based on severity (most severe to least)? o Par. 1
: MENTAL insane or imbecile
PHYSICAL impotent or blind Blindness: must be comple
te Impotence: loss of power to procreate and not copulation
N.B. if castration w
as done with intent to deprive the victim of the power of generation: mutilation
, not SPI o Par. 2: LOST POWER TO speak, hear, smell LOST USE OF eye, hand, foot
, arm, leg LOST BODY PART eye, hand, foot, arm, leg
176

INCAPACITY TO WORK permanent, as to job habitually engaged in o Par. 3:


Deformit
y Injury resulted to an ugliness upon the offended that would not disappear thro
ugh natural healing process
LOST BODY PART any other part
ILLNESS OR INCAPACITY
TO WORK more than 90 days o Par. 4: ILLNESS OR INCAPACITY TO WORK more than 30 d
ays What are the circumstances qualifying SPI? o 1. Victim is any of those of pa
rricide Except for parents, on injuries inflicted by them due to excessive chast
isement o 2. Presence of any of the qualifying circumstances for murder How does
SPI relate to robbery with physical injuries? o 1. Par. 1, if committed by reaso
n or on occasion of robbery (RT med RP) o 2. Par. 2, if committed by reason or on
occasion of robbery (RT) o 3. Par. 3-4, if committed in course of execution of rob
bery (PM max RT med)

o What is in course of execution of robbery?


It means the robbery is not yet compl
etely accomplished when the SPI were inflicted As opposed to par. 1-2, where it
can be by reason of or in the occasion of robbery When does Art. 264 apply? o When
injurious substances are introduced or injected into the body of the victim Wha
t is important (again)? o No intent to kill What if the substance is poisonous?
o Murder (or attempted/frustrated) Can this be committed by culpa? o No. There m
ust be intentional introduction of the substance What if the offender is not awa
re that the substance is injurious? o Serious physical injuries through reckless
imprudence What if there is intent to kill but the quantity is not enough to ki
ll? o SPI or LSPI o Not an impossible crime
LESS SERIOUS PHYSICAL INJURIES (265)
177

When are there LSPI? o When the incapacity of the offended party is 10-30 days,
or he requires medical attendance for the same period What are the qualifying ci
rcumstances for LSPI? o 1. Ignominy or to insult or offend the victim (additiona
l fine) o 2. Victim is offenders parent, ascendant, guardian, curator, teacher, o
r persons of rank or PIA (next higher degree of penalty) o But isnt harming a PIA
direct assault?
Yes. So this provision only applies if the PIA is not performin
g acts in the course of his duties
Or if the offender didnt know the victim was a
PIA When is there slight PI (from highest degree to lowest)? o 1. Incapacity of
offended party is 1-9 days o 2. Physical injuries do not prevent the victim fro
m engaging in habitual work and did not require medical attendance o 3. Maltreat
ment by deed X slapped Y. Y did not sustain physical injury or need medical atte
ndance. What is the crime? o Slight PI o What if the purpose is to humiliate Y?
178

Slander by deed What if the injury was not serious at the onset but later on bec
omes serious? o The crime committed can change on the ultimate injury caused o E
x. frustrated can become consummated o Ex. SPI can become homicide
RAPE (266-A AND 266-B)
What is the nature of rape since RA 8353? o It is a crime
against persons o Thus, it may be filed by the public prosecutor. Consent of th
e offended party is no longer needed to file. May husbands be liable for rape/se
xual assault on their lawful wives? o Yes. While he has the right to use persuas
ion, he cannot use force, violence, or intimidation. o Wife has the right to ref
use, for instance, if they are legally separated or the husband has AIDS. What a
re the two classifications under RA 8353? o 1. Rape o 2. Sexual assault o What i
f an offender inserts his organ and then his finger in a womans vagina?
One count
of rape, and one count of sexual assault

SLIGHT PHYSICAL INJURIES AND MALTREATMENT (266)

Who may be the offender and offended in rape and sexual assault? o Rape is alway
s a man against a woman
What is the exception? A woman may be guilty of rape as
an accomplice or principal by indispensable cooperation o Sexual assault may be
committed by or against men or women Is there frustrated rape or sexual assault?
o No. It is always in the attempted or consummated stage. o It is enough that a
part of the object or organ passes through the genitals, anal orifice, or mouth
to consummate the crime. What is the instrument covered by sexual assault? o It c
an be a body part or other things What are the means by which rape is committed?
o 1. Force, threat, intimidation
What is the nature of force? Can be actual or co
nstructive What is important is that the offender was able to achieve his purpos
e What is the nature of fear?
It includes fear of harm or death
What is the nature
of intimidation?
It must be viewed in the eyes of the victim And sufficient enough to cause fear
on the part of the victim A father raped his daughter, but claimed the latter di
d not resist. Is it still rape?
Yes. Moral ascendancy and parental authority sub
stitute for violence. The same rule applies for uncles, common law husband of mo
ther, etc. X injected a drug into Ys body and forced sexual intercourse upon her.
What is the crime?
Still rape. The drug took away her ability to resist. o 2. O
ffended party is deprived of reason or unconscious Deprived of reason:
Intellect
ually weak to the extent that she is not capable of giving consent to intercours
e What is the extent of deprivation of reason?
Need not be complete o 3. Fraudul
ent machination or grave abuse of authority
179

What is an example of fraudulent machinations and grave abuse of authority?


The
offender succeeds by pretending to be his twin brother is a fraudulent machinati
on Grave abuse of authority is one done by an employer to an employer, teacher t
o student, doctor to patient, etc. o 4. Under 12 years old or demented
This is s
tatutory rape. No need for force, threat, intimidation, or other circumstances t
o exist. What are the qualifying circumstances? o [Weapons/military] o 1. Use of
deadly weapon or by 2 or more persons It must be used to intimidate the woman,
and not just mere possession o 2. Victim is under custody of police or military
o 3. Committed by AFP, PNP, or other law enforcer o [Adverse effect on the victi
m] o 4. Victim became insane on occasion of rape o 5. Victim suffered permanent
physical mutilation or disability o 6. Offender knows he has HIV, AIDS, or other
STD
180

o [Relationship] o 7. Victim is under 18 and offender is a parent, ascendant, st


ep-parent, guardian, relative by blood or affinity to 3rd degree, common law spo
use of parent of victim o 8. In full view of the spouse, parent, children, or ot
her relatives up to 3rd degree o [Specially protected victims] o 9. Victim is un
der 7 years old o 10. Victim has religious vocation or calling and it is known b
y the offender prior to the rape o 11. Victim was pregnant and it is known by th
e offender o 12. Victim has mental disability, emotional disorder, or physical h
andicap and it is known by the offender How many circumstances are needed to qua
lify rape? o Just one. o Are the other qualifying circumstances treated as gener
ic aggravating?
No. What is the special complex crime? o Homicide committed on o
ccasion of rape or sexual assault
Homicide is used in its generic term No such t
hing as Rape with Murder. Its always Rape with Homicide. o What is on the occasion?

There is logical connection between the rape and homicide.


There is no appreciab
le amount of time lapsed What is the rule on pardon? o The valid marriage betwee
n the offender and offended party shall extinguish the action or the penalty imp
osed. o If the offender is already her husband, then subsequent forgiveness exti
nguish the action or penalty. What are the punishable acts? o 1. Physical harm t
o woman or her child o 2. Threatening to cause such physical harm o 3. Attemptin
g to cause such physical harm o 4. Placing woman or her child in fear of imminen
t physical harm o 5. Attempting to have the woman or her child do something they
can refuse to do, stop doing what they have the right to do, or restrict freedo
m of movement. Non-exclusive list: A. threaten to deprive custody
B. threaten to
deprive financial support C. threaten to deprive a legal right
D. preventing wo
man from engaging in lawful profession

R.A. 9262 VAWC


o 6. Inflicting or threatening to inflict physical harm to control womans actions
or decisions o 7. Using force or intimidation to have the woman or child perfor
m non-rape sexual activity o 8. Acts that cause emotional or psychological distr
ess to the woman or her child. Ex:
A. stalking
B. peering or lingering
C. enteri
ng dwelling against their will D. destroying property or harming animals or pets
E. harassment or violence o 9. Causing mental or emotional anguish, public ridi
cule, or humiliation to the woman or her child R.A. 9775 ANTI-CHILD PORNOGRAPHY
LAW Who is a child under RA 9775? o 1. Below 18 o 2. Mentally incapacitated o 3. P
erson of age, but depicted as a child o 4. Computer generated child What is chil
d pornography? o Representation, visual, audio, or written, of child engaged in
real or simulated explicit sexual activities. o Explicit sexual activities are:

181

1. Genital-genital, genital-oral, analgenital, whether heterosexual or homosexua


l 2. Bestiality
3. Masturbation
4. S&M 5. Lascivious exhibition of genitals, but
tocks, breasts, pubic area, or anus
6. Use of object or instrument for lasciviou
s acts What are the unlawful or prohibited acts? o [Producing] o 1. Hiring or us
ing child in porn o 2. Produce, direct, manufacture child porn o 3. Intentionall
y provide venue for commission of prohibited acts (cinemas, dens, private rooms,
etc.) o [Selling/distributing] o 4. Sell, distribute, publish, or broadcast chi
ld porn o 5. Possess such with intent to sell, distribute, publish, or broadcast
When is there prima facie evidence of intent to do such acts?
Possession of at
least 3 copies of child porn in the same form o 6. Distributors, theaters, telec
om companies distributing child porn o 7. Pandering child porn
182

Selling or distributing material causing another to believe that the material co


ntains child porn, regardless of actual content o [Corrupting children] o 8. Par
ent or guardian knowingly permitting the child to engage in porn o 9. Luring or
grooming a child
Luring: communicating through computer with child to facilitate
sexual activity or production of porn
Grooming: preparing child for sexual acti
vity by communicating child porn o [Accessing child porn] o 10. Willfully access
ing child porn o 11. Possession of child porn o [Conspiracy] o 12. Conspiracy to
commit any of the prior acts When is there a syndicate for child porn? o At lea
st 3 or more persons conspiring or confederating with one another What is hazing
? o Placing recruit in some embarrassing or humiliating situation such as forcin
g him to do menial, silly, foolish, and other similar tasks or subjecting him to
physical or psychological suffering or injury

R.A. 8049 ANTI-HAZING LAW

Requisites of valid initiation rites? o 1. Include no physical violence o 2. Pri


or written notice to school authorities or head of the organization (ex. AFP) 7
days before the initiation.
The school/organization sends a representative to th
e rites Notice contains: 1. Names of all those subjected to activities
2. Time p
eriod o 3. Initiation must not exceed 3 days. Liable as principals: o 1. Officer
s and members who actually participated in the infliction of physical injury or
death
What is prima facie evidence of participation? Merely being present there
o 2. Officers or alumni who planned the hazing although not present o 3. Parents
of member whose house is used, if they knew but did not prevent such acts from
happening Liable as accomplices: o 1. Owner of the place where it was done, if h
e has actual knowledge of what is happening o 2. School authorities who consente
d to the hazing or knew, but did not prevent
183

Which MC does RA 8049 not allow? o Praeter intentionem What are the qualifying c
ircumstances? o 1. Recruitment accompanied by force, violence, threat, intimidat
ion, or deceit on the recruit o 2. Recruit consented to join but wanted to quit
upon learning about hazing, but was not allowed to quit o 3. Recruit was prevent
ed from reporting to parents or authorities through force, violence, threat, int
imidation o 4. Hazing committed outside school or institution o 5. Victim is bel
ow 12 years old What are the prohibited acts by competent authorities? o 1. Bran
ding or labeling the child as young criminal, juvenile delinquent, prostitute, o
r attach other derogatory names o 2. Making discriminatory remarks as to childs c
lass or ethnic origin o 3. Employment of threats of whatever kind or nature o 4.
Using abusive, coercive, and punitive measures (cursing, beating, stripping, et
c.) o 5. Using CIDT
R.A. 9344 JUVENILE JUSTICE AND WELFARE ACT

o 6. Compelling child to perform involuntary servitude IX: CRIMES AGAINST PERSON


AL LIBERTY AND SECURITY KIDNAPPING AND SERIOUS ILLEGAL DETENTION (267)
Elements
of kidnapping/SID? o 1. Committed by private individual o 2. Kidnaps or detains
another or otherwise deprives him of liberty What is the specific intent needed?
Specific intent is to deprive liberty
Does deprivation just involve imprisonmen
t or locking up? No. It can include deprivation of liberty in whatever form, and
for whatever length of time.
No need for actual deprivation of liberty, even if
free to roam around, but cannot go home or go anywhere, there is still deprivat
ion of liberty o 3. Detention is illegal i.e., no consent was given
When is lack
of consent presumed? Presumed if the victim is a minor.
184

Can there be kidnapping even if the victim initially agreed to go with the offen
der?
Yes. If at the onset, the victim agreed to go with the offender, but is the
reafter prevented with use of force from leaving the place, and there was depriv
ation of liberty, there is kidnapping. o 4. At least one of the circumstances in
Art. 267 applies When does it become Kidnapping and Serious Illegal Detention u
nder Article 267? o 1. Detention lasted more than 3 days o 2. Offenders simulate
d public authority o 3. Physical injuries were inflicted on the victim o 4. Thre
ats to kill the victim were made o 5. Victim is a female, public officer, or min
or (except when accused is one of the parents) o Is length of time relevant?
Onl
y for the first paragraph (more than 3 days). Duration or length of time is irre
levant if any of the circumstance in par. 2 to the last paragraph of Art. 267. o
If the private individual pretended to be a policeman, is it a police crime of
kidnapping with usurpation of public authority?
No. The usurpation of public aut
hority is a mode of committing kidnapping (par. 2) so it is not a distinct offen
se. What are the qualifying circumstances?

o 1. Ransom is demanded
Must ransom be paid? No, mere demand for ransom is enoug
h. What can ransom encompass?
Not just money but anything of value or beneficial
o 2. Victim is killed or dies as a consequence o 3. Victim is raped o 4. Victim
is subjected to torture or dehumanizing acts Distinguish kidnapping from grave
coercion: o In grave coercion, a person is also prevented from leaving or going
to another place, but there is no actual confinement or lockup of the victim. o
P v. Astorga: accused and victim where strolling in school grounds where accused
led victim to another town. The child wanted to leave but accused did not let h
er, parents saw them, not kidnapping but grave coercion Is there a complex crime
of kidnapping with SPI? o No. Infliction of SPI is a mode of kidnapping (par. 3
). What if the victim in kidnapping is tortured? o Under RA 9745, if the victim
in crimes against persons or crimes against liberty is tortured, then the penalt
y imposed is the maximum. What if the victim is killed? o Special complex crime
of kidnapping with homicide or o Special complex crime of kidnapping with murder
185

N.B. unlike robbery (which is always just attended by homicide), there can be sp
ecial complex crime of kidnapping with murder When do such special complex crime
s arise? o When there is a logical connection or intimate relation between the k
idnapping and the rape or homicide. o This applies even if the rape or killing i
s merely an afterthought. o What if the person dies in crossfire due to police o
fficers firing?
There is still kidnapping with homicide because its only required
that there is a logical connection with the kidnapping or that arises from it o W
hat about torture? Apply RA 9745 instead.
Dehumanizing acts this has been amended
by RA 9745, which considers torture as distinct from dehumanizing acts What if t
wo persons were killed by reason or on occasion of the kidnapping? o There are a
s many crimes as the number of persons kidnapped. o So in this example, there ar
e two counts of the special complex crime of kidnapping with homicide. What if a
component crime of the special complex crime was merely attempted or frustrated
?

o There is no special complex crime. The special complex crime only arises when
all component crimes are consummated. o If victim subjected to attempted or frus
trated homicide/murder, this is separate from the crime of kidnapping, do not us
e Art. 48 X and Y kidnapped Z, took his car, and demanded ransom. When they fail
ed to get ransom, they killed Z. What are the crimes? o 1) Kidnapping with homic
ide for ransom. 2) Carnapping
There is a special complex crime. o The SC, howeve
r, said that the crime is kidnapping for ransom and carnapping, with the homicid
e as aggravating circumstance. The odd thing is there is no law allowing for the
homicide to be an aggravating circumstance. (P v. Muit) When is it simple murde
r, and when is it kidnapping with homicide? o Primary purpose of the offender is
material in determining the crime. If the primary purpose is to kill, its murder
. If the primary purpose is deprivation of liberty and the victim is killed, kid
napping with homicide. What about rape vis--vis kidnapping with rape? o If the or
iginal purpose is rape, and the deprivation of liberty is to fulfill this purpos
e, then rape. For kidnapping with rape, the rape must just happen on occasion of
the kidnapping. Under PD 532 (highway robbery), what if kidnapping is committed
too?
186

o Qualified. Penalty is (before) death. When will kidnapping of a person on the


highway become a crime under PD 532? o The seizure must be directed not against
a specific or preconceived victim, but against anyone (indiscriminate). o Must p
rove that the offenders are organized for the committing of indiscriminate kidna
pping. Differentiate kidnapping from illegal detention: o Kidnapping denotes tak
ing of a victim o Illegal detention consists in mere deprivation of liberty Can
murder and kidnapping with murder arise as two separate crimes? o Yes. Ex. X kil
led son of employer then kidnapped and killed the other child, 2 crimes: murder
and kidnapping with murder, as the killing of the first child was already consum
mated at the time the second was kidnapped and killed.
SLIGHT ILLEGAL DETENTION (268)
Elements: o 1. Offender is a private individual o
2. Kidnaps or detains another or otherwise deprives him of liberty o 3. Detenti
on is illegal o 4. None of the circumstances in Art. 267 apply What is the penal
ty for anyone who furnishes the place for the perpetration of the crime? o Same
penalty as the principal o What about in Kidnapping/SID?

The one who furnishes the place is liable as an accomplice. What is the special
mitigating circumstance? o If the offender voluntarily releases the within 3 day
s from commencement of the detention:
1. Without having attained the purpose int
ended 2. Without institution of criminal proceedings yet o N.B. It is NOT an exe
mpting circumstance, it just reduces the penalty o Does this special circumstanc
e apply to Kidnapping/SID under Article 267? No. Just 268. What is one day? o 24
hours from deprivation Is the escape or rescue of the victim an exempting circu
mstance? o No

o 2. Public officers (as long as the purpose is to bring the person to proper au
thorities to file charges) Compare to arbitrary detention (Art. 124): o In arbit
rary detention, the public officer had no intention to bring the offended to the
proper authorities but merely to detain the victim What if the officer plants e
vidence against the victim in order to arrest him? o It is arbitrary detention t
hrough incriminating machinations under Article 363.
KIDNAPPING AND FAILURE TO RETURN A MINOR (270)
Elements: o 1. Person is entruste
d with the custody of a minor person o 2. He/she deliberately fails to restore t
he latter to his parents or guardians Does this amend Article 267? o No. The int
ent in the two crimes are different. What is the essential element here? o The d
eliberate failure or refusal to restore minor to parent or guardian as the contr
olling intent o What must be the nature of this intent?
Premeditated, intentiona
l, malicious Can this crime be committed by any of the parents? o Yes. In fact,
this reduces the crime (special circumstance in Article 271 but applicable here)

UNLAWFUL ARREST (269)


What is the tenor of this crime? o Arrest of another for d
elivery to proper authorities but without lawful cause o Usual cause: arrest wit
hout warrant but not under any of the exceptions under law o Who are the proper a
uthorities? Those authorized to arrest another and file the appropriate charges W
ho may commit this crime? o 1. Private individuals

187

INDUCING A MINOR TO ABANDON HIS HOME (271)


What is the tenor of this crime? o In
ducing a minor to abandon the home of his parents or guardians or persons entrus
ted with his custody Relate this with the crime of kidnapping and SID: o Kidnapp
ing and SID cannot be committed by the parents of the minor (paragraph 4 of Art.
267 says except when the accused is any of the parents) o What if the parent kidna
pped the minor child? It would be under 271 instead. o What if the parent kidnapp
ed his adult child?
Then Kidnapping/SID 267 can apply because the law only exclu
des parents if the child-victim is a minor

What if the child is over 7? Then the liability is under RA 7610. DWELLING (280)
AND
TRESPASS
TO
OTHER
FORMS OF
TRESPASS (281)

ABANDONMENT OF PERSONS IN DANGER (275)


What are the different kinds of abandonme
nt? o 1. Failure to render assistance to a wounded/dying person found in an unin
habited place o 2. Abandonment of ones own victim in an accident o 3. Failure to
render assistance to an abandoned child below 7 years old

What are the two types of trespass to dwelling under 280? o 1. Entering the dwel
ling of another against the latters will o 2. Entering the dwelling of another ag
ainst the latters will through means of violence or intimidation What are the ele
ments of other forms of trespass under 281? o 1. Person enters the closed premises
or fenced estate of another o 2. It is uninhabited o 3. The prohibition to ente
r is manifest o 4. There is no permission secured from the owner or caretaker Wh
at if person enters the dwelling of another to commit a crime and commits such c
rime? o Dwelling is an aggravating circumstance and loses juridical personality
as a separate crime When will there be two crimes? o If the accused enters the h
ouse not to commit a crime, but once he enters, he commits a crime. o Two crimes
: trespass to dwelling and the other crime committed. Must refusal of consent be
express? o No. It may be implied.
188

What if the occupant is a mere tenant or lessee? o It is still trespass. When is


there no trespass committed? o 1. Purpose of entry is to prevent some serious h
arm to the person entering, occupants, or third persons o 2. Purpose is to rende
r some aid to humanity or justice o 3. Places entered are cafes, taverns, inns,
and other public houses while open
What if these cafes, taverns, etc. are closed
? Then there is trespass to dwelling
What if the place is a disco, restaurant, e
tc? They can still be the object of trespass but it becomes trespass to property
because these are not dwelling What are the other similar crimes? o 1. Violatio
n of dwelling (128) o 2. Unjust vexation or light coercion (287) o 3. Theft
If e
ntry is to fish, harvest, gather, etc. o 4. Vagrancy If the property is not fenc
ed and there is no prohibition of entry Who should give permission to enter the
dwelling? o Person of sufficient discretion.
AND

What is a grave threat? o Those made with deliberate purpose of creating in the
mind of the victim a belief that the threat will be carried out o What is the na
ture of the threat?
Infliction upon the person, honor, or property of a person o
r his family of any wrong amounting to a crime o Must there be a demand for mone
y or any other condition?
There may or there may not be What is a light threat?
o Threat to commit a wrong not constituting a crime, with a condition imposed Wh
at are other light threats? o 1. Threaten another with a weapon or draw the weap
on in a quarrel, unless in lawful selfdefense o 2. In the heat of anger, orally
threaten another with some harm not constituting a crime, and it shows that he d
id not persist in the idea (N.B. the code says not constituting but that wouldnt ma
ke sense, because par. 3 covers that. So its supposed to constituting a crime) o 3.
Any person who orally threatens to do any harm not constituting a felony Light
threat a Threatens wrong Other threat a Threatens wrong light a
Grave threat Threatens crime
GRAVE THREATS (282), LIGHT THREATS (283), LIGHT THREATS (285)
OTHER
189
May or may not Must have have a condition condition
a Does not have a condition

Indications show he persists in the crime


Threat made in the heat of anger and indications show he does not intent to pers
ist in the wrong

Can intimidation be committed by an intermediary? o Yes What if the threats are


part of the element of intimidation/violence in the commission of another crime,
what happens? o The threats are absorbed. o Ex. threatening to kill unless she
gave in to sexual advances of accused, the crime is rape What if the grave threa
ts constitute force or intimidation to vacate property? o Not grave threats but
usurpation of real property or real rights over property Distinguish from robber
y through extortion: o 1. Grave threats depend upon moral pressure. o 2. If crim
e consists of securing on the spot the property of the victim, it is robbery thr
ough extortion How may multiple counts of grave threats be committed? o There ar
e as many counts of grave threats as the number of people threatened What is a b
ond for good behavior?
o For grave threat and light threat (not other light threats), the court may req
uire the offender to give bond not to molest the person threatened o If he fails
to do so, he shall be sentenced to destierro Is a threat to sue in court unlawf
ul? o No. The threat must constitute a wrong and suing in court is not a wrong.
GRAVE COERCION (286)
Elements of grave coercion: o 1. Person is prevented by ano
ther from doing something not prohibited by law or compelled to do something aga
inst his will, whether right or wrong o 2. Prevention or compulsion is effected
by violence either by material force or serious intimidation that can control th
e will of another o 3. Person who restrains the will/liberty of another has no r
ight to do so What are the two types of grave coercion? o 1. Prevents another fr
om doing something not prohibited by law (preventive coercion) OR o 2. Compel hi
m to do something against his will, whether right or wrong (compulsive coercion)
o What if the subject of preventive coercion is an act prohibited by law?
There
is no grave coercion
But it can be some other crime:

190

e.g. physical injuries (if applicable),


unjust vexation (if no injury) When is g
rave coercion aggravated? o 1. Coercion in violation of right of suffrage o 2. T
o compel another to perform or not perform any religious right Distinguish betwe
en grave coercion and SID/K? o Grave coercion no intent to deprive another of hi
s liberty o SID there is intimidation, but to deprive liberty What if the coerci
on is to prevent people from seeking grievance or peaceably assembling? o Articl
e 131 (disturbance or prevention of peaceful meeting) What if the threat is agai
nst the owner of a property intending to take his property from him? o Article 3
12 (usurpation of real property or real rights over property)
May be liable for
grave threats or homicide (if the person is killed), as the case may be. But it
may be absorbed by the violence provision in Art. 312 What if there is lewd design
? o Forcible abduction, not grave coercion Distinguish between threat and coerci
on: o Threat:

1. Threatened harm/wrong is future and conditional


2. May be done through interm
ediary or in writing 3. By means of intimidation which is future and conditional
o Coercion: 1. Threatened harm/wrong is immediate, personal, and direct
2. Cann
ot be done through intermediary or in writing
3. Committed by violence, although
it may be brought about by intimidation if serious enough, direct, immediate, a
nd person (such as intimidation with a firearm) Illustrate the distinction: o Th
reat: if you are still here when I come back, I will kill you. (future and conditi
onal) o Coercion: if you do not get out, I will kill you. (immediate, direct, and
personal) What are light coercions? o Person, by means of violence, seizes anyth
ing belonging to his debtor to apply for payment of the latters debt What is unju
st vexation?

LIGHT COERCIONS/UNJUST VEXATION (287)

191

o Human conduct while not leading to physical harm or without use of force or in
timidation, leads to annoyance, irritation, disturbance to victim (nangungupal) o
What if there is a crime against property?
There is malicious mischief, not unju
st vexation. Unjust vexation requires crime against personal security. How can t
his crime be committed? o Crime of dolo only Distinguish unjust vexation and att
empted rape: o Determine if the act was done in pursuit of rape or merely to dis
tress/annoy. o Ex. in Baleros v. P, X covered Ms face with a piece of cloth soake
d in chemical. There was no proof however that it was in pursuit of rape. He was
charged with attempted rape, but was only convicted for unjust vexation. o What
is the determining factor?
The persons intent What are the punished acts? o 1. P
rivate individual, to discover the secrets of another, seizes his papers or lett
ers and reveals the contents (290) Lower penalty if there is no revelation
NOT a
pplicable to parents, guardians, persons entrusted with custody of
192
minors with respect to the papers or letters of the children o 2. Manager or emp
loyee learns secrets of principal and reveals them (291) o 3. Person who reveals
trade secrets to the prejudice of the owner (292) Includes information not pate
nted but known only to a few individuals R.A. 4200 ANTI-WIRETAPPING ACT
What kin
d of communication is covered by RA 4200? o Only private communication is expres
sly prohibited to be recorded secretly by any person including one party to that
conversation o So public conversations or statements are not covered When is re
cording allowed? o When there is consent by all those involved in the conversati
on Does the law cover tape recorders or phone extensions? o Tape recorders are i
ncluded, phone extension lines are not What are the punishable acts? o 1. Recrui
t, provide, or receive persons for the purpose of prostitution, porn, sexual

DISCOVERY AND REVELATION OF SECRETS (290-2)

RA 9208 ANTI-TRAFFICKING OF PERSONS ACT

exploitation, involuntary servitude, forced labor, slavery, debt bondage


Includi
ng those in the pretense of overseas employment o 2. Introduce or match for mone
y a Filipina woman with a foreign national for marriage or for the purposes abov
e o 3. Offer or contract marriage, real or simulated, for the purposes above o 4
. Undertake or organize tours and travel plans with tourism packages or activiti
es pursuant to the above activities o 5. Maintain or hire a person for prostitut
ion or pornography o 6. Adopt or facilitate the adoption of person for above-men
tioned purposes o 7. Recruit, hire, transport, abduct person for organ-harvestin
g o 8. Recruit, transport, or adopt a child for armed activities here or abroad
What are the acts that promote trafficking of persons? o 1. Knowingly lease or s
ublease property to promote trafficking o 2. Produce or issue fake government co
mpliance materials to facilitate trafficking (ex. registration stickers, pre-dep
arture requirements, etc.) o 3. Advertising or promoting trafficking
193

o 4. Assist in misrepresentation or fraud to facilitate acquisition of clearance


s and exit documents from government o 5. Facilitate, assist, or help in entry/e
xit of persons using fake documents in airports, seaports, or boundaries o 6. Co
nfiscate, conceal, or destroy travel documents of those trafficked to prevent th
em from leaving the country or seeking redress o 7. Knowingly benefit from use o
f a person in involuntary servitude, slavery, or debt bondage What are acts that
qualify trafficking? o 1. Trafficked person is a child o 2. Adoption is effecte
d through Inter Country Adoption Act of 1995 and the purposes are any of the abo
ve prohibited activities o 3. Crime is by a syndicate or in large scale
Syndicat
e: 3 or more persons conspiring Large scale: against 3 or more persons individua
lly or as a group o 4. Offender is ascendant, parent, sibling, guardian, or pers
on with authority of the victim, or public officer/employee o 5. Offender is law
enforcement agent or military personnel o 6. Offended party dies, becomes insan
e, acquires HIV/AIDS

X: CRIMES AGAINST PROPERTY ROBBERY IN GENERAL (293)


Elements: o 1. Personal prop
erty of another What does property cover?
Includes any property not included in
the enumeration of real properties o Because if its real property, its usurpation
of real property And capable of appropriation
N.B. Includes electricity, phone s
ervices, and the like Can contraband property (ex. drugs) be subject to theft/ro
bbery? Yes. o 2. Unlawful taking
What is taking?
Taking of personal property out o
f possession of another without privity or consent and without animus revertendi
(intent to return)
What must concur:
1. Taking (physical act) 2. AND intent to
gain (mental act)
194
Is there frustrated robbery? No more frustrated robbery, just attempted or consu
mmated Taking need not be permanent; Even brief possession already consummates t
he crime o 3. Intent to gain
How can intent to gain be established?
Intent to ga
in can be established through overt acts of offender before or after the taking
of personal property. Intent to gain presumed from taking another persons propert
y without consent. Intent to gain cannot be presumed only if there is evidence t
o the contrary. Not necessary that the offender ACTUALLY gains, because intent t
o gain is enough. What is gain?
Not limited to just pecuniary benefit, but also ut
ility, satisfaction, enjoyment, and pleasure Ex. Gasoline boy took a parked car
and went on a joy ride. He claimed that he did not intend to

take it. But here, there was gain because there was enjoyment, utility, satisfac
tion, and pleasure.
Even mere use of property taken is already gain under the law.
Gain rebutted by evidence that he took property because he claims to be the owner
of the property. The person is exempt from theft or robbery, even if it turned
out not to be his. If the claim is made in BF, then it is theft or robbery. o At
best, it is just coercion. o 4. Violation or intimidation against persons OR fo
rce upon things
When is it robbery or theft? The crime is robbery, not theft, if
there are acts of violence, or intimidation before asportation, to enable the p
erson to take the property.
If violence or intimidation was done after possessio
n was taken, he is only liable for theft, grave coercion, or physical injuries a
s the case may be.

195
o Exception: Robbery with homicide, and robbery with rape (in the occasion of)
Is
snatching theft or robbery?
Depends. If the victim is not subject to violation o
r intimidation, it is just theft. If the owner is wounded through violence or th
ere is intimidation, it is robbery.
What is Intimidation?
Unlawful coercion, dures
s, putting owner/possessor in fear Attempt to take property of another with thre
ats of bodily harm No requirement of material violence it is NOT indispensable f
or there to be intimidation Is it possible that one is guilty BRD of theft/robbe
ry even if the thing stolen is not offered in evidence? o Yes, because the perso
n may have destroyed the property, thrown it away, etc. o As long as the corpus
delicti is proved, the unlawful taking of personal property, there can be proof
BRD. What is the presumption of robbery/theft?

o One in possession of recently stolen property is presumed to be the author of


the crime of theft/robbery.
Recentness is case-to-case. o Possession may be actu
al or constructive. The property may be in the actual physical control of the of
fender or in the possession of another, but under the control of the offender. E
x. I stole something but pinatago ko sa kaibigan ko o Accused must not be able t
o explain his possess satisfactorily. When is the presumption conclusive? o If t
he accused fails to explain any innocent origin of his possession, and the posse
ssion is fairly recent, and it is exclusive.

ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION AGAINST PERSONS (294)


crimes penalized under 294? o 1. Robbery with homicide o 2. Robbery
intentional mutilation, arson, or personal injuries in subdivision 1
Robbery with physical injuries in subdivision 2 of 263 o 4. Robbery
al injuries in subdivision 3-4 of 263 o 5. Simple robbery
196

What are the


with rape,
of 263 o 3.
with physic

N.B. The first four are special complex crimes; the fifth is not. Art. 48 will n
ot apply for crimes here in Art. 294 What is the rule in order? o The above orde
r must be observed. Thus if there is both homicide and rape, the crime is robber
y with homicide. There is no Robbery with homicide and rape. o Is the extra rape agg
ravating?
The rape is NOT aggravating because its not under Art. 14. What if the
physical injuries are merely LSPI or slight PI? o Its just simple robbery under p
ar. 5. Can there be robbery with homicide through reckless imprudence? o No. Whe
n will the special complex crimes arise? o The other crime must be consummated.
May Art. 48 apply if the constituent elements are not consummated? o Yes. If one
crime is done to commit another, or a single act resulting into two or more gra
ve or less grave offenses, and one constituent crime is not consummated. o Other
wise, if both consummated, then its a special complex crime. What does homicide cov
er?

o Homicide is used in its generic term. There is no robbery with infanticide, parr
icide, murder, etc. There is no robbery with multiple counts of homicide. o DO N
OT use the 2nd or 3rd killing as aggravating. Its just robbery or homicide. o Is
there robbery with homicide and frustrated homicide?
No. The frustrated homicide
is absorbed by the robbery with homicide. What do you mean by reason of the crim
e of robbery? o The homicide/other constituent crime was not committed in the cou
rse of robbery, or shortly thereafter, but there is a LEGAL connection, intimate
relation in the commission of robbery Ex. Killing the victim to prevent the per
son from reporting to the authorities
Ex. Killed noisy neighbor who shouted magna
nakaw! o It doesnt matter if it happens before, during, or after o P v. Mangulabna
n Person was robbing a house. He heard rumbling noises in the attic and shot a g
un at the ceiling, and even without intent to kill, he accidentally killed a hid
ing person. HELD: Robbery with homicide. (Not robbery with homicide through reck
less

imprudence even if it is by mere accident, it is robbery with homicide) o What i


f the person killed is one of the robbers himself?
Doesnt matter. Its still robber
y with homicide. Even if the guy who shot a robber is also a fellow robber. Is t
here robbery with homicide AND rape? o No. As long as there is homicide, it is A
LWAYS just robbery with homicide. o But the rape still has corresponding civil l
iabilities. o If a house is burnt to kill another, it is robbery with homicide,
not robbery with arson or robbery with homicide and arson What if there are mult
iple people killed or raped? o Irrespective of number of people killed or rape,
it is just robbery with homicide or robbery with rape. When do two crimes arise?
o If the original intent is to kill or to rape, but as an afterthought, he stol
e from the person he killed or raped, then there are TWO CRIMES. o Separate crim
es of homicide and robbery o Separate crimes of rape and robbery Can there be ro
bbery with homicide, if aside from intent to gain, there is another motive (ex.
He wanted to kill the guy)?
197

o Yes. As long as there is intent to rob, even if there are other motives, it is
robbery with homicide. P v. De Jesus: A group of robbers were robbing in Makati
. One of the robbers was shot. There was a chase all the way to Laguna, where a
shoot out happened. Another robber got shot by the police. o HELD: Robbery with
homicide. EVEN IF the shoot out happened in some other place, it was intimately
connected to the robbery. Also, it does not matter that it was a robber that got
killed. If a homicide is committed by one robber, ALL of them are liable for ro
bbery with homicide. (One merges his will into the common intent.) o EXCEPT: when
one of the robbers overtly attempts to prevent the homicide. He is just liable f
or robbery, even if he is unsuccessful. o What is the liability of the look-out?
Even a look-out is a PDP, because the conspirators are given specific tasks to
further the crime. Is there a special complex crime of theft with homicide? o No
. Robbery with homicide does it absorb physical injuries? o Yes. Again, follow t
he order provided.

May there be a crime of robbery with force upon things with robbery with rape or
robbery with homicide? o No. Robbery with force upon things cannot be complexed
with robbery with rape (or homicide). When is there robbery with rape? o When t
he robbery is accompanied by rape, AS LONG AS THE ORIGINAL intent is to rob. o T
his applies even if the rape was committed even before asportation. The intentio
n to rob must precede the rape, even if the actual robbery comes after. o Thus,
if the accused raped the victim and just he took the jewelry as a memento, there
are two crimes of robbery and rape the original intention in this case is not t
o rob. What if there are multiple rapes? o Even if there are multiple rapes, it
is just robbery with rape. o What if each of the accused raped the victim?
Even
if each of the accused raped the victim, there is only one crime of robbery with
rape. o Accused robbed the victim, raped her twice, and then he inserted his fi
nger in the vagina of the woman. What was the crime?
198

HELD: Robbery with rape. The second rape and insertion of the finger are absorbe
d. Even the insertion of a finger was absorbed! o Three robbers took victim of r
obbery in a taxi and went to Quiapo. One robber made the other two go down, and
then he took the woman to a motel. What was the crime?
HELD: All of them were gu
ilty of robbery. The other one is also liable for rape, separately. If the place
of the rape is far from the situs of the robbery, there are TWO crimes, but not
robbery with rape. When is there Robbery with arson? o Arson must be contempora
neous to robbery. o When is there robbery with arson?
There must be violence and
intimidation upon persons first and thereafter, the premises are burned and the
re is NO killing, rape, or mutilation. Why not force upon things?
This will give
rise to two crimes: robbery and arson. This is because the arson is deemed a co
ver-up of the robbery. It is not complex because neither is a means to commit th
e other

(because both are Crimes against Property). When is dwelling aggravating and whe
n is it absorbed? o It is aggravating in robbery with homicide o Inherent in rob
bery with force upon things and the place broken into is the dwelling X raped Y,
killed her, and robbed the place. Crime? o 1) Rape with homicide and 2) robbery
X raped Y, killed her, and took things from her person. Crime? o 1) Rape with h
omicide and 2) theft X robbed Y, raped her, and then killed her. Crime? o Robber
y with homicide X raped Y, robbed her, and then killed her. Crime? o Robbery wit
h homicide
WITH
ROBBERY
PHYSICAL INJURIES
THAT ARE COMMITTED IN
AN UNINHABITED PLACE AND BY A BAND, OR WITH THE USE OF
FIREARM ON A STREET, ROAD, OR ALLEY (295-6)
What are the special aggravating cir
cumstances here? o 1. In an uninhabited place o 2. By a band o 3. Attacking a mo
ving train, car, airship, or entering passenger compartments in a train
199

To what kinds of robbery does this provision apply to? o Robbery with Physical I
njuries What is the nature of band here? o Band here is in the nature of a SPECIAL a
ggravating circumstance and cannot be offset by a generic MC. o Contrast: BUT fo
r robbery with homicide/rape/intentional mutilation/arson band is ONLY just a ge
neric aggravating circumstance
Reason: 295-6 only apply to Robbery with Physical
injuries. Art. 296 provides that if any of the firearms used is unlicensed, the
penalty is the maximum period. Was this amended by RA 8294? o Yes. Art. 296 has
been amended by RA 8294. Here, the unlicensed firearm will not increase the pen
alty to its maximum period anymore. o Art. 296 Firearm here can be licensed or unl
icensed. o Arms can includes bolos and clubs. If one is a member of a band, may
he be not liable for crime of robbery, if he tries to prevent it? o Yes. Even if
he is a member of a band, if he prevents the robbery or tries to, he is not lia
ble. PD 532 Highway robbery or brigandage
o There must be evidence of indiscriminate commission of the crime of robbery fo
r PD 532 to apply ATTEMPTED AND FRUSTRATED ROBBERY (297)
Has this provision been
nullified by P v. Valenzuela? o Yes. It is rendered nugatory as far as FRUSTRAT
ED robbery is concerned. o Ex. Offender entered the property but he did not find
any property there. It is NOT frustrated robbery but attempted robbery N.B. Hom
icide in 297 is used in its generic term. The homicide must be consummated. If t
he crime of homicide was committed with treachery, can treachery be used as a ge
neric aggravating circumstance? o Yes. In other situations, if there is treacher
y, it becomes murder. But there is no such thing as robbery with murder. So it i
s robbery with homicide, with the generic aggravating circumstance of treachery.
(P v. Escote) What if the robbery is merely attempted but there was consummated
homicide, what is the charge? o Separate crimes of attempted robbery and homici
de.
OF DEEDS BY MEANS OF VIOLENCE OR

EXECUTION
200
INTIMIDATION (298)
What is the crime here?

o Person who with intent to defraud another, by means of violence or intimidatio


n, compels him to sign, execute, or deliver any public instrument or document. o
The crime is still robbery. What kind of document is referred to in 298? o Publ
ic instrument or documents only. It does not include private documents. If it is
a void document, will that be robbery under 298? o No. It is grave coercion. Ro
bbery presupposes damage caused to the victim, but since the document is void, t
his means he does not lose anything. The offender compels by violence or intimid
ation the victim to execute a document but he died due to heart attack. What is
the crime, 298 or 294 (robbery with homicide)? o 298, but even so, the penalty i
s still governed by 294 par. 1, as provided in the last sentence.
IN AN INHABITED HOUSE, PUBLIC EDIFICE, OR

ROBBERY
DEDICATED TO RELIGIOUS WORSHIP (299)
What are the situations where there is robbery with force upon things, under thi
s provision? o 1. Entering the premises using:
A. Constructive force:
Entering t
hrough opening not meant for ingress or egress
201
Using picklocks or similar tools Simulating public authority or false name B. Ac
tual force o 2. Entering without force but while inside, broke walls, doors, rec
eptacles to extract personal property
Is constructive forced allowed here? No. I
t must be actual force. o 3. Brought out of the premises locked or sealed recept
acles for the purpose of breaking them outside What if none of these apply? o Its
just theft. What properties must be robbed here? o 1. Inhabited house o 2. Publ
ic building o 3. Edifice for public worship There is a provision here about use
of fictitious name to rob. How does this differ from Article 178, where there is
also use of fictitious name? o Here such use is to enter the house, with intent
to rob. In 178, to conceal crime, etc. o Do you apply Article 48? No, because u
se of fake name is an element of the crime. Same as with simulation of public au
thority.

ROBBERY OF AN UNINHABITED PLACE (302)

What is an uninhabited place? o Synonymous to an uninhabited house If committed by


a band, what is the effect on the robbery of an uninhabited place? o Maximum pe
nalty this is provided by Article 300. What is Robbery in Article 303? o Robbery
of cereals, fruits, firewood in an uninhabited place or building. The penalty h
ere is lower. What are the crimes here? o 1. One who without lawful cause posses
ses picklocks or similar tools specially adopted to commit robbery o 2. Maker of
such tools; higher penalty for locksmiths What if robbery is actually committed
? o The possession of picklocks is absorbed What are false keys? o 1. Picklocks o
2. Genuine keys stolen from the owner o 3. Any keys other than those intended by
the owner Were article 306 and 307 of the RPC amended by PD 532 (Anti piracy an
d anti highway robbery law)?
202
o No, it was not. The crime in PD 532 is a separate crime from Arts. 306 and 307
. Brigandage (306-7) 3 or more armed robbers Highway 532) Robbery (PD
Even just one person; but actually organized or dedicated to commit highway robb
ery be actual highway
POSSESSION OF PICKLOCKS OR SIMILAR TOOLS (304-5)
Mere conspiracy to form a There must band of brigands is a crime performance of
highway robbery Robbery against particular victim a Indiscriminate robbery
Liability of those who profit from the robbery: Aiding or abetting a band of Acc
omplice under Art. 4 of brigands (307) PD 532 Fencing THEFT (308)
May a crime be
theft even if there is violence used to take away personal property of a victim
? o Generally, no. There must be no violence or intimidation or force upon thing
s. o Exception: When the violence committed was not for the purpose of taking th
e theft.

BRIGANDAGE (306-7)

Ex. When a person was killed first, then as an afterthought, the criminal took t
he property. Since the property by operation of law goes to the heirs, there was
still taking without consent even if the original owner is dead. There are two
crimes here: homicide and theft How many modes to commit theft? o 1. Taking anot
her persons property without his consent o 2. Offender finds lost property and he
does not return it to the owner or the authorities
Who are the authorities? Loc
al authorities Can this be committed by culpa?
No. There must be DELIBERATE refu
sal to return or deliver to authorities. o 3. A person who maliciously damaged p
roperty of another, shall remove or make use of fruits or object of the damage c
aused by him o 4. Enter enclosed property where trespass is prohibited, then hun
t, fish, or gather crops Distinguish from: robbery of cereals, etc. from an unin
habited place May stolen property be the subject of theft? (Nanakaw na nga, ninak
aw pa ulit) o Yes. The law does not distinguish. How do you establish intent to g
ain?
203

o Acts preceding, contemporaneous, or subsequent to taking. o Can there be inten


t to gain if the purpose is to conceal a crime?
Yes. Benefit is not always mater
ial, it can be any kind of benefit to amount to gain. o Is there presumption of
theft? Yes, when personal property is found in possession of recently stolen pro
perty and he cannot explain how he came into possession of such. Then it will be
come conclusive. o How recent is recent?
Case by case. If a person is given prop
erty for a particular purpose and that person took or misappropriated the proper
ty, would it be estafa or theft? o Theft; when only physical possession is given
but juridical possession is kept by the transferor. What is given here is just
DE FACTO possession, not juridical. o But if juridical possession is given to th
e transferee, it is estafa. o A bank teller, after receiving deposit, instead of
giving it to the bank takes the money. What is committed?
Theft, not estafa.

The bank teller is a mere employee of the bank. As an employee of the bank, she
only get de facto possession of the deposit. So it is theft. Can there be theft
of services? o Yes. Under Code of Commerce, services are personal property. Can
gas or electricity be stolen? o Yes, using jumpers. So even intangible property
can be subject to taking. o RA 7832 also punishes theft of electrical property.
So which is applicable, 308 or RA 7832?
Either under Art. 308 or RA 7832. Can co
mmercial documents, PNs, etc., be subject to theft? o Yes, these have value. In
a case, the sheriff stole evidence stored in the vault of the court (ex. Gun, mo
ney, whatever), when the clerk of court mistakenly left the vault open. What cri
me was committed? o Sheriff: theft o Clerk of court: Malversation by culpa, sinc
e he has custody of documents I own a car. I delivered it to the repair shop. I
left it, and the owner of the shop sold my car. What crime was committed, theft
or estafa? o Theft. To determine between theft and estafa, ask: was the possessi
on de facto or juridical?
204

o
o
o

What 308? o The property must have an owner and is not yet res nullius. o If pro
perty is stolen and the thiefs identity cannot be deciphered, can you consider th
e property lost?
Yes. o Can loss stem from ones own faults?
Yes. I saw property a
nd did not know who owns it. I gave it to the police and he stole the property.
What is the crime of the cop? o P v. Avila Said this is theft.
Here, it was merely de facto/material possession. But doesnt the repair shop acqu
ire a lien over the property, under Sec Trans, where he can sell it if he is not
paid? It does not apply here, because he hasnt even tried repairing the car. The
SC had a decision saying this is estafa (Laura Santos case). But J. Callejo doe
s not agree with this. When this case was decided, there was no carnapping law y
et. Should it apply now?
Yes. do you mean by lost in Par. 1 of Article

o But it can be argued that it is in custodia legis and he is an accountable off


icer, and it can be MALVERSATION. Is a person who profits from the theft a princ
ipal or accessory? o Principal under the Anti-fencing law o Accessory under the
RPC What are the grounds to qualify? o 1. Those personal to the offender:
A. Gra
ve abuse of confidence B. By a domestic servant o 2. Referring to the object tak
en A. Coconut taken from plantation whether from the tree or on the ground
B. Fi
sh taken from the pond (if out of the pond, simple theft)
C. Motor vehicle now a
lso under Anti-carnapping law which is malum prohibitum
D. Large cattle
now also
under Anti-Cattle Rustling law, which is still malum in se even if SPL E. Mail
matter must be with intent to gain

QUALIFIED THEFT (310)

Viz. other crimes like estafa or revelation and discovery of secrets o 3. Circum
stances during taking such as calamity and misfortune Was this amended by PD 533
, the anti cattle rustling law and RA 6539, the anti-carnapping law? o No; these
are SPL, according to the SC What is grave abuse of confidence? o It must be a
special relation of intimacy. o Ex. Branch manager stole the jewelry under his c
ustody. If there is conspiracy, but one is trusted and the other is not, what is
the crime? o Two crimes: qualified theft for the former, simple theft for the l
atter How about a commission salesman of a corporation? o Just simple theft, bec
ause there is no evidence except that he was a commission salesman that the empl
oyer reposed confidence on him What does mail matter include? o Any matter that
is deposited with the Phil. Postal Corporation which are delivered through posta
l service. Includes mail matters, parcels, money orders, printed materials, etc.

205

o Regardless if it is a postal corporation or a private corporation. What matter


s is that it is MAIL MATTER R.A. 6539 ANTI-CARNAPPING LAW
Taking with intent to
gain a motor vehicle: o 1. Without latters consent o 2. Or force upon things o 3.
Or violence/intimidation upon persons How does it differ from theft/robbery? o
It addresses theft of motor vehicles belonging to another o It deals EXCLUSIVELY
with motor vehicles o Without this law, the taking of motor vehicle is theft/ro
bbery as the case may be. What is a motor vehicle? o Any vehicle propelled by powe
r other than muscular power using public highways So a motorcycle is included. A
bicycle is not. A tricycle is included. A pedicab is not. o Does not include: 1
. Utility vehicles if not used on public highways
2. Those than run only on rail
s or tracks 3. Those used exclusively for agricultural purposes o What about tra
ilers?

Classified as a separate motor vehicle, regardless of number of wheels and wheth


er propelled or attached to another vehicle o What is the crime for these other
vehicles not covered?
They are subject to theft/robbery There are two kinds pena
lties provided, following RPC nomenclature and not: o A. RP to death RP if there
is homicide, rape, murder Special complex crime of carnapping with homicide, ca
rnapping with rape, carnapping with murder
It is a single and indivisible offens
e. Here, the owner, driver, or occupant of the car is killed or raped. o B. 17 y
ears and 4 months to not more than 30 years if with violence, intimidation, or f
orce upon things Qualified carnapping o C. 14 years and 8 months to not more than
17 years and 4 months if committed without violence, intimidation, or force upon
things
Simple carnapping When is there a special complex crime of carnapping with
rape, homicide, or murder? o If committed on the course of the commission of car
napping or on occasion thereof

206

o Who must be killed or raped?


Anyone, even if the person killed is anyone other
than the owner, driver, or occupant of the car, the (Ex. Bystander) o For this
to committed, the homicide, murder, or rape must be CONSUMMATED.
If the homicide
or murder is merely attempted or frustrated, then the crime is qualified carnap
ping. o DO NOT apply Article 48 of the RPC. Someone committed qualified carnappi
ng (14 y 7 17 y 4 penalty) and then sold the car to another person. Is he an acc
essory under Art 19 of the RPC? o NO. The nomenclature does not follow the RPC.
o But he can be a principal for FENCING. Xs initial intent is to kill the driver.
However, he stole the car as an afterthought. What is the crime? o Two crimes:
1) Homicide, 2) Carnapping X rented a car, so the initial possession is lawful.
But he killed the driver and took it for his own. What is the crime? o Carnappin
g with homicide. Even if the driver was not the owner, it is still carnapping be
cause there was no consent by the owner. X was hired as taxi driver to drive the
car for a fixed period of time. He did not return it after.
207

The taxi was found abandoned in a place. What is the crime? o Carnapping. After
the initial lawful possession, it transformed to unlawful possession. o Doesnt th
e abandonment exculpate X?
No. The crime was consummated even if the carnapper a
bandoned the car after. X stole a truck and the personal effects contained there
in. What is the crime? o Two crimes:
1) Carnapping as to the truck
2) Theft as t
o the personal effects o The SC was wrong here, because it said qualified theft.
What is fencing? o Act of any person who with intent to gain for himself or for
another, shall buy, receive, possess, keep, acquire, conceal, sell, or dispose
of, buy and sell, or in any manner deal with an article, object, item, or anythi
ng of value which he knows or should be known to him to have been derived from p
roceeds or robbery or theft Who is a fence? o Fence is person, corporation, or ass
ociation, or partnership that commits the act of fencing
ANTI-FENCING LAW (PD 1612)

o If corporation, association, or partnership president, manager, owner or respo


nsible officer Who are punished? o Those who buy, keep, conceal, or sell the sto
len goods What is the requirement for those who do buyand-sell? o Need a permit
or else, liable as a fence. There is no fee for the permit. o Failure to get can
result to closure of business. o Procedure to obtain permit/clearance:
1. Name,
address, pertinent circumstances 2. Article sold or offered for sale to public
and name/address of where he got it from 3. Receipt or document showing acquisit
ion Elements: o 1. Crime of robbery or theft committed o 2. Accused, not a princ
ipal or accomplice in the commission of the crime, deals with the article in any
manner, and the article was derived from the proceeds of the crime o 3. Accused
knows or should have known that it was derived from proceeds of robbery or thef
t

Essence: known/should have known were the proceeds of robbery or theft moral turpi
tude
Test if the articles were displayed for sale, if a receipt was issued, etc.
o 4. There is intent to gain for himself or another What is the presumption und
er law? o Mere possession of the stolen goods creates presumption o Thus, no nee
d to prove prior robbery was committed
May there be cattle rustling even if catt
le is not taken? o Even if large cattle is not taken, there can be cattle rustli
ng if it is killed and its meat is taken. There may be a special complex crime o
f cattle rustling with homicide if a person is killed on the occasion of cattle
rustling.
REAL PROPERTY OR REAL RIGHTS OVER
CATTLE RUSTLING (PD 533)

USURPATION OF PROPERTY (312)

208
What is usurpation? o Similar to robbery except that in robbery, personal proper
ty is involved What is the penalty? o 1. Penalty for the act of violence o 2. Pe
nalty for the act of usurpation However, what is the nature of this offense?

o It is a single and indivisible offense.


So the crime is still usurpation, but
the penalty is two-fold (takes into account the act of violence) It is not a com
plex crime like Usurpation with homicide. It is just usurpation. o It is possibl
e that a single and indivisible offense is committed, but there are as many pena
lties as how many acts of violence are committed. What are the possible acts tha
t may accompany the act of usurpation? o 1. Homicide, physical injuries in subdi
visions 1 and 2 of Article 263 on occasion of such occupation or usurpation o 2.
Rape or intentional mutilation o 3. Physical injuries in subdivisions 3 and 4 o
f Article 263 in the course of execution of the usurpation o 4. Intimidation or
infliction of physical injuries to commit the usurpation or occupation What is c
ulpable insolvency? o Committed by debtors who conceal properties to avoid payme
nt of legal debt o Higher penalty if committed by merchants How is estafa commit
ted?
209
o 1. With abuse of confidence or unfaithfulness (par. 1) o 2. Through deceit or
false pretense (pars. 2 and 3), with damage in either case ESTAFA (1)
WITH UNFAITHFULNESS OR ABUSE OF CONFIDENCE

CULPABLE INSOLVENCY (314)


What are the three acts covered by this paragraph? o 1. Altering the substance o
f anything with value that the offender should deliver by obligation o 2. Misapp
ropriating or converting to the prejudice of another, some money, goods, etc. o
3. Taking undue advantage of signature in blank 1. Altering substance of anythin
g with value that offender should deliver based on an obligation o The law appli
es even if the property the offender is bound to deliver is opium or something i
llegal/obscene
But in this case, he is also liable under Dangerous Drugs Act, or
immorality provision in RPC, etc. 2. Misappropriating or converting, to the pre
judice of another, person some money, goods, etc. o Elements:
1. Goods were assi
gned
SWINDLING/ESTAFA (315)

2. Misappropriation or conversion; or a denial by him of such receipt is also a


violation
3. To the prejudice of another 4. Demand by offended party to return t
he money or property o What is any other obligation to make delivery or to return
? It refers to contracts of bailment, lease of personal property, deposit, commod
atum because under any of these provisions, there is JURIDICAL POSSESSION by the
depositary
In estafa, both MATERIAL and JURIDICAL possession is transferred to
the offender o What is the difference between material and juridical possession?
Possession which gives to the transferee a right over the thing/property which
he may set-up against the transferor
In Theft or robbery, there is NO transactio
n between offender and offended party
The transaction involved must not transfer
ownership to the offender o There must be a FIDUCIARY relationship between offe
nder and offended party.
210

There must be an agreement to return the same thing or money


It doesnt matter if
the obligation is guaranteed by a bond or not
Without this relationship, there i
s no estafa The duty to return the same thing or money is based on:
A. MUTUAL AG
REEMENT by the parties or B. BY LAW o When does fraud come into play?
When there
is conversion or misappropriation. o In bank loan transactions, usually, the bo
rrower is required to produce show money to establish that she can repay the loan.
But in a case, she borrowed the show money from someone else. She used it for her
own benefit. What is the crime? HELD: Estafa. It was received in trust for a pa
rticular purpose, and there is obligation to return. By misappropriating it, she
is guilty of estafa.
Remember in Sec Trans that borrowing show money is a commoda
tum transaction involving personal property o Must the misappropriation be perma
nent?

No. Even a temporary disturbance constitutes misappropriation. No need to be per


manent. o What does prejudicial to another mean?
It need not be the owner of the p
roperty himself. It can be another person, as long as there is damage caused. o
An owner of a truck pledged it to another as security for a loan contract. But t
hen, he leased it to another and it was stolen from the lessees possession. What
is the crime?
HELD: There was no estafa, because there was no intent to misappro
priate or convert. J. CALLEJO: Disagreed. The petitioner could not have acted in
GF, because he had already pledged it to another as security for a loan. o Can
there be estafa when there is no gain on the part of the offender?
No. Case: a p
erson was assigned jewelry to sell, with commission. He was not prohibited from
appointing a sub-agent, so he got one. The subagent stole the jewelry.
HELD: The
agent was acquitted because he did not convert or misappropriate the jewelry.

The agent cannot be liable for mere negligence in entrusting the jewelry to anot
her because there is no such thing as estafa through negligence
But is it possib
le that the agent is liable? 1. He is liable if he CONSPIRED with the sub-agent.
2. If there is prohibition to entrust the jewelry to a sub-agent, but the agent
still does, then the agent can be liable. o May there be estafa in a loan trans
action?
No. Because owner of the money loaned is transferred to the borrower, ev
en if the borrower can pay back. What about money market placement?
No estafa be
cause it partakes the nature of a loan. o What about bank deposits? Can there be
estafa if the money deposited is used by the bank? None. Deposits are treated a
s loans to the bank, and are covered by the law on mutuum. o A teller of a bank
receives deposits and misappropriates these. What is the crime?
211

o
o
o
o
Theft, not estafa, because the bank teller is merely an employee of the bank and
only gets material possession of the money. In a sale of property and earnest m
oney is given and the money is used by the seller. Is there estafa?
No. Down-pay
ment or earnest money forms part of the purchase price. The seller can use this
money, even if the sale eventually does not push through. An employee who fails
to account for cash advances for travels is there estafa? No estafa. Because thi
s is in the nature of a loan and the employee obtains juridical possession of su
ch. The private respondent delivered his car to a motor shop for repairs. The ow
ner of the shop misappropriated it. Is there estafa? Yes. There is obligation to
return after repair. There was juridical possession, and thus, estafa. X was a
sales agent selling residential lots on behalf of a corporation. He was authoriz
ed to sell the lots, but NOT receive the monthly amortizations from the lot buye
rs. However, he received these and worse, he failed to remit these. Is there est
afa?
212

Yes. Accused is guilty of two sets of estafa:


1. As regards the lot buyers, he c
ommitted estafa through fraud or misrepresentation because he claimed that he co
uld receive monthly amortizations. 2. As regards the employer, estafa with abuse
of confidence, because he did not remit. o How many counts of estafa are commit
ted? Depends on how many offended parties/victims.
But if committed on different
dates or occasions there are as many counts of estafa as the number of transact
ions. o PD 155 Trust receipt transactions: A trust receipt transaction imposes u
pon trustee to give the price sold if sold, or if the goods are not sold, return
them to the entrustor.
Is a violation of PD 155 estafa under Art. 315 par. 1(b)
? Yes. Violation of this constitutes estafa.
It is malum prohibitum. The only th
ing to be established: prejudice caused to another. Mere failure

to deliver already constitutes the criminal offense.


When a person participates
in the commission of a crime, he CANNOT escape liability due solely to the fact
that he was acting as an agent of another party. The NCC provisions on agency do
not apply to criminal cases. 3. Taking undue advantage of signature of offended
party in blank What are the acts covered by this paragraph? o 1. Using fictitio
us name, falsely pretending to possess power, influence, qualifications, propert
y, credit, etc. o 2. Altering quality, fineness, weight of anything pertaining t
o his business or art o 3. Pretending to have bribed any Government employee
N.B
. for this instance, impose the maximum o 4. Bouncing check o 5. Obtaining food
or service from a hotel or restaurant without paying for it and with intent to d
efraud Or obtaining credit through false pretense or fraud

ESTAFA THROUGH FRAUD (2)

Or surreptitiously abandoning or removing luggage from establishment without pay


ing Distinguish between estafa through fraud from estafa through abuse of confid
ence? o Abuse of confidence conversion or misappropriation o Fraud or false pret
enses fraudulent acts simultaneous or preceding In illegal recruitment, can one
be liable under both the Labor Code and Estafa under this provision? o Both the
Labor Code AND estafa. There is no double jeopardy because the Labor Code is an
SPL. Essential elements: o 1. False pretense, fraudulent act or means o 2. Such
must be made or exhibited prior to or simultaneously o 3. Offended party must ha
ve relied on such and was thus induced to part with his money or property o 4. T
hus causing damage What is Fraud? o Anything calculated to deceive
Ex. Falsely rep
resenting that property used as security had mangoes, when it was really barren
Ex. I will sell you my property. But it really wasnt his.

213

Caveat emptor doctrine does not apply. You cannot invoke the fact that the victi
m was himself negligent. It doesnt apply to criminal cases. Post dating a check o
r bouncing check: o Can a person other than a drawer be liable?
Yes. Indorser or
a co-conspirator. o Elements: 1. Post-dating or issuance of check for obligatio
n contracted at the time the check was issued
2. Lack or insufficiency of funds
to cover it 3. Knowledge of the drawer of this lack
4. Damage capable of pecunia
ry estimation to the payee o The fraud must be committed PRIOR or UPON the issua
nce of the check. o For what kind of obligation must the check be issued for?
Th
e check MUST NOT BE for paying a pre-existing obligation, because there is no mo
re deceit in this case. The drawer obtains no gain here, because the considerati
on has already been delivered to him. o What is the implication of this doctrine
, then?
o
o
o
o
o
Yes. The date of the obligation, being the very date of the check, is a MATERIAL
INGREDIENT of the crime. Must the check be negotiable?
Negotiability of a check
is not the gravamen of the crime, but the fraud or deceit in knowingly issuing
a worthless check. When is the lack of funds determined as to post-dated checks?
Valid as long as when it is due, there are funds, even when there are no funds
at the time it was issued. What if the bouncing check is issued as a guaranty to
secure a loan?
There is no estafa. Issuing a bouncing check in exchange for cas
h: Estafa, because you received something in exchange How do you prove knowledge
that there were no funds?
Direct evidence
Notice of dishonor from drawee bank d
uly received by the drawer of the check and failure to deposit money to cover th
e amount How can the issuer of a bouncing check escape liability?

214

Depositing required amount within 3 days of notice of dishonor.


Failure to depos
it the amount will give rise to presumption of deceit. What if the account is cl
osed? There is still need for notice of dishonor to allow the person to pay. If
there is no notice, accused cannot be convicted. BUT in another case, it held th
at there was no need for notice of dishonor because the account was already clos
ed.

ESTAFA THROUGH OTHER FRAUDULENT MEANS (3)


What are the means of committed estafa
under this paragraph? o 1. Inducing another through deceit to sign any document
o 2. Resorting to some fraudulent practice to insure success in a gambling game
o 3. By removing, concealing, or destroying in whole or in part, any court recor
d, office files, document, or any other papers What does B.P. 22 cover that is n
ot covered by the prior provision on estafa? o 1. Issuance of check as deposit
215

o 2. Issued as guaranty o 3. For pre-existing obligation


N.B. BP 22 doesnt distin
guish between pre-existing and concurrent obligation What is the difference in p
eriod under BP 22 compared to RPC estafa? o Under BP 22 the drawer of the check
has a period of 5 days from notice of dishonor (unlike RPC, 3 days) Under NIL ch
eck is stale after more than 6 months (180 days) is there a need to issue a noti
ce of dishonor at the time it was presented for payment? o Only consequence is n
o prima facie presumption of knowledge of no funds, still be held liable if able
to prove that he had knowledge Can there be simultaneous prosecution for estafa
and BP 22 for the single act of a bouncing check? o Yes, if both apply. Estafa
is concerned with issuing a bouncing check as fraud; BP 22, with the mere bounci
ng of the check per se. What are covered by this provision? o 1. Person pretends
to be owner of real property and disposes thereof o 2. Person knows real proper
ty is encumbered and disposes it Even if the encumbrance is not recorded o 3. Ow
ner of personal property wrongfully takes it from lawful possessor to the prejud
ice of the latter or third person
OTHER FORMS OF ESTAFA/SWINDLING (316)
B.P. 22 BOUNCING CHECKS LAW

o 4. Executing fictitious contract to prejudice of another o 5. Person accepts a


ny compensation given him under the belief that it was in payment for labor/serv
ice when he didnt actually perform any o 6. Surety in a bond for criminal or civi
l action disposes of the property given by him
Without leave of court or before
cancellation of the bond OTHER DECEITS (318) What does this cover? o Person who
defrauds or damages another through deceit not covered by the prior paragraphs o
r provisions o Also covers those who tell fortunes or dreams for a profit (!)
Wh
at does the word deceit include? o Includes concealment of the fact that the car s
old was not brand new VIOLATION OF CHATTEL MORTGAGE (319) What is penalized here
? o 1. Mere removal of property from the place where the CM was constituted
When
is there no intent to defraud? When the debtor has transferred residence becaus
e he also has to move his property o 2. Failure to secure consent on the deed it
self or on the registry and the mortgagor sells or further encumbers the persona
l property
216

DESTRUCTIVE ARSON (320)


What is arson and how committed? o Destruction of property by fire, as long as f
ire or pyrotechnics are used to destroy the property o When is it consummated?
W
hen there is fire, and it was intentionally caused, and property burned even if
not completely destroyed o What must be proved?
1. Occurrence of fire due to cri
minal agency 2. Identity of the defendants as the one causing it Can there be ar
son by negligence? o Yes. o Ex. A person burns trash disregarding the strong win
ds that blew the cinders to the neighbors property. The crime is simple/reckless
imprudence resulting to arson. Is there frustrated arson? o No. Its either the bu
rning did not happen (attempted arson) or it did, regardless of extent (consumma
ted arson). When is the burning destructive arson? o [Dangerous place] o 1. Any
ammunition factory and other establishment where explosives, inflammable, or com
bustible materials are stored o [Important places] o 2. Archive, museum (public/
private), edifice devoted to culture, education, social services o 3. Church, pl
ace of worship, or usual place of assembly

o 4. Building where evidence is kept for official proceedings o [Places with a l


ot of people] o 5. Train, plane, vessel, or other transportation o 6. Hospital,
hotel, dormitory, housing tenement, mall, market, movie house, or similar places
o 7. Building in a congested or populated area, whether a dwelling or not Other
cases of arson: (with higher penalty than simple arson): o [Places with people]
o 1. Any building and office of government o 2. Inhabited house or building o [
Related to industry or commence] o 3. Industrial establishment, shipyard, oil we
ll, mine shaft, platform, tunnel o 4. Plantation, farm, etc. o 5. Rice mill and
other mills o 6. Railway or bus station, airport, wharf, warehouse If destructiv
e arson or those other cases are not specified, what is the charge? o Simple ars
on What are the special aggravating circumstances? o 1. Committed with intent to
gain o 2. Committed for benefit of another o 3. Motivated by spite or hatred to
wards owner or occupant o 4. Committed by syndicate What else are specially puni
shed? o 1. Arson, where death results (qualified)
Is this arson with homicide?
217
1. If the purpose is to kill, and burning was the means, it is murder
2. If the
purpose is to burn, but someone died, it is arson under this provision. o Homici
de is absorbed but there is civil liability for death. 3. If person is killed an
d the house is burned to conceal, two crimes: 1) murder, 2) arson o 2. Mere cons
piracy to commit arson What if several houses burn? o There is only one crime of
arson no matter how many houses were burned.
Supposing someone burns his own pr
operty is he liable? o He may be liable if other peoples property is damaged. MAL
ICIOUS MISCHIEF (327) What is malicious mischief? o Act of intentionally causing
damage to property of another without use of fire or pyrotechnic o There must b
e specific intent to destroy such property o Can it be committed by culpa? No. D
istinguish between unjust vexation and malicious mischief: o Unjust vexation if
the purpose is to irritate a person

No.

o Malicious mischief if purpose is to damage property


Distinguish between malici
ous mischief and arson: o Arson can be committed by dolo or culpa, malicious mis
chief by dolo only o Arson must be by fire, malicious mischief if not by fire o
If death results from arson, it is just arson (but qualified); if death or injur
y results from malicious mischief, those are separate crimes Distinguish between
malicious mischief and theft: o Malicious mischief has no intent to gain EXEMPT
ION FROM CRIMINAL LIABILITY IN CRIMES AGAINST PROPERTY (332) Who are the persons
exempt from criminal liability? o 1. Spouses o 2. Ascendants and descendants o
3. Son/daughter-in-law and mother/father-inlaw o 4. Brothers and sisters who mus
t be living together Whether legitimate, half, or illegitimate What if there are
strangers participating in the crime? o They are not exempt Is there civil liab
ility? o Yes. The exemption is only for criminal liability For what crimes are t
hey exempted? o 1. Theft, including qualified theft
Not robbery
218
o 2. Estafa but NOT complexed with other crimes (ex. estafa with falsification o
f commercial documents) o 3. Malicious mischief Not arson XI: CRIMES AGAINST CHA
STITY ADULTERY (333) Who are liable for adultery? o 1. Married woman who has sex
ual intercourse with a man not her husband o 2. That other man who has carnal kn
owledge of her, knowing her to be married o What if the marriage was subsequentl
y declared void? It does not exculpate because the marriage ostensibly exists by
then Is it a continuing crime? o No. o Each sexual intercourse consummates the
crime. Ex. Sex 5 times, adultery 5 times. Can there be frustrated adultery? o No
frustrated adultery because it is consummated by intercourse, so the rule for r
ape likewise applies. What about attempted adultery? o There can be attempted ad
ultery. Caught in hotel in act of undressing, about to have sex. Can there be cr
iminal action against just one of the parties? o No. It must be against both par
ties if both are alive.

Differentiate pardon from consent: o Pardon is prior to the act, consent is afte
r. In any case, it is a bar to filing a criminal complaint. Who can initiate act
ion for adultery and concubinage? o Must be from offended spouse. Both offenders
must be named in the complaint.
(336)
(339)
Obscene acts Obscene acts Obscene acts committed with committed with lewd commit
ted with lewd design design lewd design Committed under circumstances of rape (n
o consent) Committed under circumstances of seduction (consent secured by deceit
) Victim is male or female exploited in prostitution or subjected to sexual abus
e
CONCUBINAGE (334)
How is concubinage committed? o 1. Husband keeping a mistress
in the conjugal dwelling o 2. Having sexual intercourse under scandalous circums
tances with a woman not his wife o 3. Cohabiting with the woman in any other pla
ce Means living together as husband and wife, not merely living together under o
ne roof, but also having sexual intercourse.
Who is liable for concubinage? o Hu
sband PC o Concubine destierro only
Can a man be liable for adultery and concubi
nage at the same time? o Yes, if his concubine is a married woman. ACTS OF LASCI
VIOUSNESS (336) AND CONSENTED ACTS OF LASCIVIOUSNESS (339) Acts of Consented act
s of Sexual abuse lasciviousness lasciviousness (RA 7610)
219
Victim is male or Victim is female female
Any age, reputation
any 12 to below 18 12 to below 18 years old and virgin years old (if less than 1
2, of good reputation prosecute under RPC)

Distinguish acts of lasciviousness from attempted rape: o In acts of lasciviousn


ess there is no intent to have carnal knowledge of a woman o In attempted rape,
there is but before he could complete all acts of execution, he is prevented oth
er than by spontaneous desistance What is required intent-wise? o Lewd design so
mething indecent or obscene, designed to incite crude sexual design

o It may be inferred from nature of act committed and occasion acts were committ
ed. Related with RA 7610: o Lascivious conduct may be committed under RA 7610, v
ictim of child abuse. o Elements of sexual abuse under RA 7610:
1. Accused commi
ts acts of lasciviousness 2. Act is performed with a child exploited in prostitu
tion or subjected to sexual abuse
3. Child is below 18 and whether male or femal
e o What if the child is below 12? Prosecuted under the RPC (penalty is RT inste
ad of PC) Simple seduction (338)
Victim can be 18 or older if the offender is an ascendant or brother
What is the
concept of seduction? o Having sexual intercourse with one who is presumed by l
aw to be unable to fully give consent to it (although not rape) o What if there
is no sexual intercourse?
It can be consented acts of lasciviousness (339) Can a
buse of confidence be appreciated in qualified seduction? o No. Abuse of confide
nce is inherent, not aggravating circumstance
What is the concept of virginity in
qualified seduction? o Physical, not moral; i.e. that the woman has no sexual ex
perience. Compare with rape: o It is always rape if less than 12 years old (stat
utory rape); if 12-18 there must be force or intimidation. Virginity is not mate
rial in rape. o In qualified seduction, the girl must be 12-18 and virginity is
an element. CORRUPTION OF MINORS (340) What is corruption of minors? o A minor i
s used by one person to satisfy the lust of another and not his own lust.
AND
QUALIFIED SEDUCTION (337), SIMPLE SEDUCTION (338) Qualified seduction (337) Offe
nder has sexual Offender has sexual intercourse with the victim intercourse with
the victim through cajolery through cajolery Victim is a virgin woman Victim is
a single woman or widow (because you cant get married below 18 now) of good repu
tation
Offender is person with Offender is any person authority, confidence, or relatio
nship vis--vis the victim Generally, victim is 12 to Victim is always 12 to below
18 years old below than 18 years old
220
FORCIBLE ABDUCTION (342) (343)
CONSENTED ABDUCTION

Forcible abduction (342)


Consented (343)
abduction
o N.B. the element of lewd design cannot be deployed twice to prove two crimes PRO
VISIONS RELATING TO CRIMES AGAINST CHASTITY (344)
What is the nature of civil in
demnity? o It is absolute and never conditions upon the financial capacity of th
e accused When must pardon be given by the victim? o Before prosecution of the c
rime o Except rape o What is the effect of pardon by the offended party? It does
not extinguish criminal liability. The only exception is valid marriage between
the offender and victim. In rape, will pardon of the parents of the victim with
out concurrence of the minor victim be effective? o No. o It must be given by th
e minor herself too. What is the civil liability of a person convicted of rape w
hen an offspring results from rape? o 1. Indemnify the woman o 2. Acknowledge th
e offspring unless the law prevents him from doing so
When there is no legal imp
ediment (if both are single) o 3. Support the offspring
Victim is any woman of any Victim is virgin of 12 to age, civil status, or below
18 years old reputation Abducted against her will With lewd designs
Abducted wi
th her consent With lewd designs

When is forcible abduction absorbed by rape? o When the initial intention is rea
lly to rape. When is the crime of forcible abduction complexed with rape? o The
taking of the woman amounts to forcible abduction, and thereafter, she was raped
o What if there are multiple rapes?
Then only one rape shall be complexed with
forcible abduction. The second rape and others are separate crimes. When is ther
e kidnapping or kidnapping with rape? o If the purpose of the taking is to depri
ve the woman of her liberty o If the woman was raped thereafter, kidnapping with
rape Is there a crime of forcible abduction with attempted rape/acts of lascivi
ousness? o No, because both are manifestations of lewd designs which is already
an element of the forcible abduction. The crime is just forcible abduction.
221

XII: CRIMES AGAINST CIVIL STATUS

SIMULATION OF BIRTHS, SUBSTITUTION OF CHILDREN, AND CONCEALMENT OR ABANDONMENT O


F LEGITIMATE CHILD (347) AND USURPATION OF CIVIL STATUS (348)
Who are penalized?
o 1. Those who simulate birth, substitute one child for another, or abandon/con
ceal a legitimate child to have him/her lose civil status o 2. Any physician or
surgeon or public officer who through profession or office cooperates in the cri
me o 3. One who usurps the civil status of another to defraud the offended party
or his heirs Where should simulation of birth be made? o It must be made in the
record of birth o What if its done in another document? Then the crime is falsif
ication o What if the record of birth reflects the true parents but simulation i
s in other documents? No violation of 347 When is child trafficking committed in
relation to these provisions, under RA 7610? o 1. Parents agree to adopt the ch
ild for a consideration o 2. Physician made it appear in the record of birth tha
t the supposed parents are natural parents
BIGAMY (349) What are the elements of bigamy? o 1. Offender has been legally mar
ried o 2. Marriage has not been legally dissolved, or the absent spouse has not
yet been judicially declared presumed dead o 3. Offender contracts a subsequent
marriage o 4. Such subsequent marriage has all the essential requisites of valid
ity Xs spouse has been absent for 12 years, so he married another person. Is this
bigamous? o Yes. There must be a prior declaration of presumptive death by the
courts.
X and Y are married. X married Z. To avoid bigamy, he petitioned to annu
l the first marriage with Y and it was granted. Was there bigamy? o Yes. The jud
gment of nullity or annulment must precede the subsequent marriage.
Does the pri
nciple of constructive notice by registration apply to bigamy? o No, because it
is usually entered into secretly from the spouse. So there must be ACTUAL knowle
dge of the subsequent marriage. o Viz. In land and property disputes, constructi
ve knowledge through registration applies. ILLEGAL MARRIAGE (350) What is illega
l marriage? o Contracting marriage knowing that the requirements of law have not
been complied with, or it is in disregard of a legal impediment except for biga
mous marriages

222

Distinguish from bigamy: o 1. Subsequent marriage in bigamy is valid, except tha


t it is bigamous; in illegal marriage, the subsequent marriage is void or annull
able and there is no need for a first marriage o 2. Bigamy only refers to a subs
equent valid marriage before judicial declaration of nullity or presumptive deat
h; illegal marriage covers all other void or voidable marriages PREMATURE MARRIA
GE (351)
What is premature marriage? o 1. One who remarries within 301 days from
the death of her husband o 2. One who remarries prior to delivery of her child,
if pregnant during his death What is punishable here? o Priest or minister of a
ny religious denomination or sect, or civil authorities who celebrate illegal ma
rriage ceremony

PERFORMANCE OF ILLEGAL MARRIAGE CEREMONY (352)


XIII: CRIMES AGAINST HONOR LIBEL (353)
What is libel? o Public and malicious imp
utation of a crime, vice, or defect, real or imaginary, or any act, omission, co
ndition, status, or circumstance tending to cause the dishonor, discredit, or
contempt of a natural/juridical person, or to blacken the memory of the dead Wha
t are the elements of libel? o 1. Allegation of discreditable act or condition t
o another o 2. Publication of the charge o 3. Identity of the person defamed o 4
. Existence of malice What is publication? o After it has been written, to make
it known to someone other than the person to whom it has been written o What if
its sent straight to the person to whom it is written?
Then there is no publicati
on. o What if an unsealed libelous letter is sent to the offended party? There i
s publication since anyone could have read it (even just the postman) o Is an in
ter-office memo publication? In a case, because it was only directed towards the
supervising officers, etc. then it is not publication What is the presumption i
n libel? o Every defamatory imputation presumed to be malicious, even if it is t
rue o Except?
When good intention and justifiable motive can be shown
223

What are the exceptions to libel? o 1. Private communication by one person to an


other in the performance of legal, moral, or social duty o 2. Fair comment of pu
blic acts What is identity? o At least a stranger or third person may be able to
identify him as the subject of the statement Can the court impose a fine instea
d of imprisonment? o Yes, it is up to court discretion to impose imprisonment, f
ine, or both. Merely imposing a fine can be out of compassion. Who are the other
punishable persons in relation to libel? o 1. Those who threaten to publish the
libelous material unless he is compensated o 2. Those who offer to prevent the
publication of such libel for compensation When is a defamatory remark serious a
nd when is it slight? o Depends on the special circumstances of each case, antec
edents, or relationships between the offended party and the offender which might
tend to prove the intention of the offender at the time.

o Not depending on sense and grammatical meaning of the utterances Is putang ina
mo slander? o No. Is there frustrated or attempted defamation? o No. It is a form
al crime. What is slander by deed? o Dishonor, discredit, or contempt upon anoth
er person which is not covered by slander or libel Who are the persons responsib
le for defamatory publications? o 1. Any person who publishes, exhibits, or caus
es the publication or exhibition of any defamation in writing or similar means o
2. Author or editor of a book or pamphlet, newspaper to the extent that are aut
hors/editors thereof What courts have jurisdiction over libel cases? o Even if t
he punishment falls within the MTC scope, by express provision of law, it is und
er RTC jurisdiction always What is the venue of libel cases (alternative)? o 1.
RTC of province or city where the libelous article is printed and first publishe
d (regardless of nature of victim)
SLANDER BY DEED (359)
GENERAL PROVISIONS (360)
SLANDER (358)

224

o 2. If offended party is a private individual, RTC of province where actually r


esided during offense o 3. If offended party is a public officer whose office is
in Manila at the time of the commission of offense, in the RTC of Manila o 4. I
f public officer outside of Manila, in the RTC of the province or the city where
he held office during the commission of the offense Can a headline alone be lib
elous? o No. The headline must be read with the accompanying news story When can
public officers demand damage from members of the press? o If the statement was
made with actual malice with knowledge that it was false or with reckless disre
gard of whether it was false or not o How is reckless conduct measured?
Whether
a prudent man would have published it or investigated further before publishing
What are the crimes under incriminatory machinations? o 1. Incriminating an inno
cent person (363) o 2. Intriguing against honor (364) What is intriguing against
honor?
225

o Chismis. (The author is unknown and the offender appears to be repeating only
what he heard others say. He doesnt want to assume responsibility for the stateme
nt.) o What if the source of the statement is known?
Its slander What is incrimin
ating an innocent person? o Imputing to the innocent person the commission of a
crime. This includes planting of evidence
XIV: CRIMINAL NEGLIGENCE What is reckless imprudence? o It is the inexcusable la
ck of precaution of a person, taking into consideration his: a) employment, b) i
ntelligence, c) physical condition, d) other circumstances (time, person, or pla
ce). o This must lead to material damage to another, which is manifest. o What a
re the elements of reckless imprudence?
1. Offender does or fails to do an act 2
. It is voluntarily done or not done 3. Without malice
4. Material damage result
s from the reckless imprudence
INCRIMINATORY MACHINATIONS (363-364)

5. There is inexcusable lack of precaution on the part of the offender, taking i


nto account the above considerations What is simple imprudence? o The failure to
exercise the diligence necessary or called for by the situation. o It applies t
o situations where the threatened harm is not immediate or the danger is not ope
nly visible. What is the nature of culpa/imprudence? o Culpa under Art. 365 is i
n itself a crime (criminal negligence) o Under Art. 3, it is just a mode of comm
itting a crime Do complex crimes apply to imprudence? o Yes. If a reckless, impr
udent, or negligent act results in two or more grave or less grave felonies Rela
te reckless imprudence to malice: o Reckless imprudence consists of voluntarily
doing or failing to do, without malice, an act from which material damage result
s by reason of an inexcusable lack of precaution by the person performing or fai
ling to perform the act o Malice is the antithesis of reckless imprudence In cas
e of abandonment of victim, what provision of the RPC governs?

o The qualifying circumstance of the last paragraph (abandonment) must be allege


d for the court to have jurisdiction to impose the next higher degree penalty To
convict for medical malpractice, what kind of evidence is required? o Expert te
stimony is usually necessary to support the conclusion as to causation o What is
the exception to this rule?
Res ipsa loquitur Is there a crime of double homici
de through reckless imprudence? o No. In reckless imprudence, the actual penalty
for criminal negligence bears no relation to the individual willful crime or cr
imes committed, but set in relation to a whole class/series of crimes. o N.B. in
the penalties for negligence, what matters is if a less grave or a grave felony
results. This determines the violation. But does a charge under the RPC absorb
the other charges comprising mala prohibita crimes? o No. A mala in se felony ca
nnot absorb mala prohibita crimes.
ANNEX 1: CIVIL INDEMNITY RATES
Even with RA 9346, the classification of crimes as heinous and quasi-heinous sti
ll remains (heinous: death; quasi-heinous: RP)
226

o If the crime is heinous:


75,000 indemnity
50,000 moral damages o Quasi-heinous
50,000 indemnity
50,000 moral damages Simple rape indemnity 50,000; moral damag
es 50,000 o No need to prove besmirched reputation, mental anguish etc. It goes
without saying already. REGARDLESS of sexual preference, religious orientation,
etc. Sexual assault (finger) o 30,000 indemnity o 30,000 moral damages Raped thr
ee times: o There must be a separate award for each crime. o It cannot be one aw
ard for 150,000. There must be three separate awards for 50,000 each. General ru
le: for rape support child born out of rape. (Art. 345 in every case) o May the of
fender be compelled to give support to the child born out of rape, although the
woman is married?
No, not if the woman is already married. Dissent by Justice Re
galado: compel offender, provided that the paternity of
227

the child to the offender is established. (Basis: Art. 345 of RPC does not disti
nguish) o But the offender cannot be obliged to acknowledge offspring in adulter
y and concubinage, when the offended party is married and paternity cannot be de
termined. Use of woman to rape a woman is aggravating even special: o 25,000 dam
ages Acts of lasciviousness: o 5,000 moral o 2,000 exemplary for each count Qual
ified rape: o 75,000 indemnity o 50,000 moral damages Rape with homicide: o 100,
000 indemnity o 50,000 moral damages For moral damages on parricide, homicide, r
ape, etc. No need to allege emotional suffering on information. o But some cases
say that in homicide or murder, there must be proof that the heirs suffered emo
tional pain, suffering, etc. Ex. if they are separated, then they dont feel anyth
ing. Consummated homicide: o 50,000 indemnity o 50,000 moral damages

Frustrated homicide: o 30,000 moral damages Attempted homicide: o 30,000 moral d


amages o Moral v. P: 10,000 In reckless imprudence resulting to homicide: o Inde
mnity o Moral damages Robbery with homicide: o 50,000 indemnity o 50,000 moral d
amages Forcible abduction with rape (for each count): o 75,000 indemnity o 50,00
0 moral damages Kidnapping with rape o 100,000 for kidnapping o 25,000 for moral
damages o 50,000 for slight illegal detention Victim kidnapped was 8 years old:
o 50,000 indemnity o 200,000 moral damages o 100,000 exemplary damages because
demand for ransom was deemed an AC Qualified carnapping: o 75,000 indemnity o 50
,000 moral
228