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Criminal Law II Reviewer

Vena V. Verga
Criminal Law II Reviewer
Summary of Book II

Crime
114
Treason

Elements
1.
2.
3.

Offender is a Filipino citizen or an alien residing in the


Philippines
There is war in which the Philippines is involved
Offender either:
a. levies war against the government
i.
that there be an actual assembling of men,
ii.
for the purpose of executing a treasonable
design by force
b. or adheres to the enemies, giving them aid or comfort

Treason branch of allegiance to a government, committed


by a person who owes allegiance to it
Allegiance obligation of fidelity and obedience which the
individuals owe to the government under which they live or to
their sovereign, in return for the protection they receive;
either permanent or temporary
Adherence to Enemy intent to betray; when a citizen
intellectually or emotionally favors the enemy and harbors
sympathies or convictions disloyal to his countrys policy or
interests]
Aid or Comfort an act which strengthens or tends to
strengthen the enemy in the conduct of war against the
traitors country and an act which weakens or tends to weaken
the power of the traitors country to resist or to attack the
enemy
Ways of Proving Treason:
1. Testimony of 2 witnesses, at least, to the same overt act;
or
2. Confession of the accused in open court

Penalty

Important Points to Remember

Filipino Citizen
RP to death and
a fine not to
exceed P100,000

1.

Alien RT to
death and a fine
not to exceed
P100,000

3.

No complex
crime of treason
with murder,
physical
injuries

5.

Aggravating
Circumstances:
cruelty, ignominy

2.

4.

6.
7.
8.

Art. 64 not
strictly applied to
treason

9.
10.

Gravity of
seriousness of
acts of treason
are considered

11.
12.

13.
14.
15.
16.

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Criminal Law II Reviewer

Treason cannot be committed in time of


peace
In treason by levying war, it is not necessary
that there be a formal declaration of the
existence of a state of war
The
war
must
be
directed
against
government
The purpose of levying war is to deliver the
country in whole or in part to the enemy;
must be in collaboration with foreign enemy
The aid or comfort given to the enemies
must be after the declaration of war; the
enemies must be the subject of foreign
power
No treason thru negligence
When common crimes are charged as overt
acts of treason, they cannot be regarded as
separate crimes or as complexed by treason.
Treason by Filipino citizen may be committed
outside the Philippines
Treason is a continuous offense
Treason cannot be proved by circumstantial
evidence or extrajudicial confession of
accused
Two witness rule is severely restrictive
Sufficient that witnesses are uniform in their
testimony on the overt act; it is not
necessary that there be corroboration
between them on the point they testified
Adherence may be proved by one witness, or
from the nature of the act itself, or from the
circumstances surrounding the act
Defense of suspended allegiance and change
of sovereignty is not accepted
Defense
of
obedience
to
de
facto
Government is acceptable
Defense of duress or uncontrollable fear is
acceptable
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Criminal Law II Reviewer


115
Conspiracy
and Proposal
to Commit
Treason

1.

Conspiracy to Commit Treason

2.

Proposal to Commit Treason

116
Misprision of
Treason

1.

Offender must be owing allegiance to the government and


not a foreigner
He has knowledge of any conspiracy to commit treason
against the government
He conceals or does not disclose and make known the
same as soon as possible to governor or fiscal of province
or the mayor or fiscal of the city in which he resides
By entering, without authority therefore, a warship, fort or
naval or military establishment or reservation to obtain
any information, plans, photographs or other data of a
confidential nature relative to the defense of the
Philippines
a. Offender enters any of the places mentioned therein
b. He has no authority therefore
c. His purpose is to obtain info, plans, etc. of a
confidential nature relative to defense of RP
By disclosing to the representative of a foreign nation the
contents of the articles, data, or information referred to in
Par. No. 1 which he had in his possession by reason of the
public office he holds
a. Offender is a public officer
b. He has in his possession the articles, etc. by reason of
the public office he holds
c. He discloses their contents to a representative of a
foreign nation
Offender performs unlawful or unauthorized acts
Such acts provoke or give occasion for a war involving or
liable to involve the Philippines or expose Filipino citizens
to reprisals on their persons or property

2.
3.

117
Espionage

1.

2.

118
Inciting to
War or Giving
Motives

1.
2.

119
Violation of
Neutrality

1.
2.
3.

There is a war which the Philippines is not involved


There is a regulation issued by competent authority for the
purpose of enforcing neutrality
Offender violates such regulation

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Vena V. Verga
PM and a fine not
exceeding
P10,000
PC and a fine not
exceeding
P5,000
Accessory to the
crime of treason

The two witness rule does NOT apply to this


article

1.
2.

Conspiracy is one to commit treason


Article 116 is an exception to the rule that
mere silence does not make a person
criminally liable

PC
Penalty next
higher in degree
shall be imposed
if the offender be
a public officer or
employee.

1.

Espionage gathering, transmitting, or


losing information respecting the national
defense with intent or reason to believe that
the information is to be used to the injury of
the RP or to the advantage of any foreign
nation
To be liable under paragraph 1, the offender
must
have
the
intention
to
obtain
information relative to the defense of RP
It is not necessary that the information is
obtained
Espionage distinguished from treason:
a. Both are crimes not conditioned on
citizenship
b. Espionage may be committed in many
ways, both in time of peace or war;
Treason 2 ways of committing; and
only in time of war
The intention of offender is immaterial
Committed in time of peace

2.
3.
4.

RT if public
officer or
employee
PM if private
individual
PC

1.
2.

1.
2.

Neutrality a nation or power which takes


no part in a contest of arms going on
between others is referred to as neutral
There must be regulation issued by
competent authority for enforcement of
neutrality
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120

Correspondenc
e with Hostile
Country

1.
2.
3.

It is in time of war in which the Philippines is involved


Offender makes correspondence with an enemy country or
territory that is occupied by enemy troops
The correspondence is either
a. Prohibited by the government
b. Carried in ciphers or conventional signs
c. Containing notice or information which might be useful
to the enemy

Vena V. Verga
PC

PM
RT if info may be
useful to enemy
RT to death if
intention was to
aid the enemy

121
Flight to
Enemys
Country

1.
2.
3.
4.

There is a war which the Philippines is involved


Offender must be owing allegiance to the government
Offender attempts to flee or go to enemy country
Going to enemy country is prohibited by competent
authority

Arresto Mayor

122
Piracy in
General and
Mutiny on the
High Seas or
in Philippine
Waters

1.
2.

Vessel is on the high seas or in Philippine waters


Offenders are not members of its complement or
passengers of the vessel
Offenders either
a. attack or seize the vessel
b. seize the whole or part of the cargo of said vessel, its
equipment, or personal belongings of its complement
or passengers

RP
Same penalty
shall be inflicted
in case of mutiny
on the high seas
or in Philippine
waters

3.

Piracy robbery or forcible depredation on the high seas,


without lawful authority and done with animo furandi and in
the spirit and intention of universal hostility
Mutiny unlawful resistance to a superior officer, or the
raising of commotions and disturbances on board a ship
against the authority of the commander

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1.

2.
3.
4.

1.
2.
3.

Correspondence communicating by
means of letters; or it may refer to the
letters which pass between those who have
friendly or business relations
Even if correspondence contains innocent
matters, if such has been prohibited by the
government, it is punishable
Prohibition by the government is not
essential in paragraphs 1 and 2
Qualifying circumstances that must concur
together:
a. The notice or information might be
useful to the enemy
b. The offender intended to aid the enemy
An alien resident may be guilty of flight to
enemy country
Mere attempt to flee or go to enemy country
consummates crime
Article 121 must be implemented by the
Government

1.

High Seas any waters on the sea coast


which are without the boundaries of lowwater mark, although such waters may be in
the jurisdictional limits of a foreign
government
2. Piracy Distinguished From Robbery in
High Seas
a. In piracy offender is an outsider; in
robbery, offender is member of crew or
passenger
b. In both, there is intent to gain and
manner of committing the crime is the
same
3. Piracy Distinguished from Mutiny
a. In piracy, the offenders are strangers; in
mutiny, they are members of the crew or
passengers
b. In piracy, intent to gain is essential; in
mutiny, the intention may be to ignore
ships officers or to commit plunder

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123
Qualified
Piracy

124
Arbitrary
Detention

Qualifying Circumstances:
1. Seized vessel by boarding or firing upon the same; or
2. Pirates have abandoned their victims without means of
saving themselves; or
3. Crime is accompanied by murder, homicide, physical
injuries or rape
1. Offender is a public officer or employee
2. He detains a person
3. Detention is without legal grounds
Detention when a person is placed in confinement or there
is a restraint on his person
Detention is without legal grounds:
1. When he has not committed any crime or, at least, there is
no reasonable ground for suspicion that he has committed
a crime; or
2. When he is not suffering from violent insanity or any other
ailment requiring compulsory confinement in a hospital

125
Delay in
Delivery of
Detained
Person to
Proper
Judicial
Authorities

1.
2.
3.

Offender is a public officer or employee


He has detained a person for some legal ground
He fails to deliver such person to the proper judicial
authorities within:
a. 12 hours for offenses punishable by light penalties or
their equivalent
b. 18 hours for offenses punishable by corrective
penalties or their equivalent
c. 36 hours for offenses punishable by afflictive or capital
or their equivalent

Proper Judicial Authorities means the courts of justice or


judges or said courts vested with judicial power to order the
temporary detention or confinement of a person charged with
having committed a public offense
Rights of Person Detained:
1. He shall be informed of the cause of his detention
2. He shall be allowed, upon his request, to communicate
and confer at anytime with his attorney or counsel
Circumstances considered in determining liability of
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Vena V. Verga
Special complex
crime punishable
by RP to Death
regardless of
number of
victims
Not exceeded 3
days A Mayor
in maximum to
PC in minimum
More than 3 less
than 15 days
PC in medium
and maximum
More than 15 not
more than 6
months PM
Exceeded 6 mos.
RT

Same as next
preceding
article:
Within 12 hours
for light penalties
Within 18 hours
for corrective
penalties
Within 36 hours
for afflictive or
capital penalties

1.
2.

1.

2.
3.

4.
5.
1.
2.
3.
4.

5.
6.
7.
8.
9.

Any person who aids or protects pirates or


abets the commission of piracy shall be
considered as an accomplice
R.A. 6235 An Act Punishing Certain Acts
Inimical to Civil Aviation
Legal Grounds for Detention of Prisoner:
a. the commission of a crime
b. violent insanity or o the ailment
requiring the compulsory confinement of
the patient in a hospital
Arrest without warrant is the usual cause of
arbitrary detention
Arrest Without Warrant, When Lawful (Sec. 5
Rule 113)
Personal knowledge is required
A crime must in fact or actually have
been committed
There is no reasonable ground if officer only
wants to know the commission of crime
There is arbitrary detention thru imprudence
If the offender is a private person, the crime
is illegal detention
Detention must be for some legal ground
Article 125 does not apply when the arrest is
by virtue of a warrant of arrest but must be
a lawful arrest
Delivery does not consist in a physical
delivery, but in making an accusation or
charge or filing of an information against
person
Duty of the detaining officer is deemed
complied with upon the filing of the
complaint with the judicial authority
Provisions of Article 125 may be waived if
person asks for preliminary examination
Violation of Article 125 does not affect
legality of confinement under process issued
by a court
The illegality of the detention is not cured by
the filing of the information in court
Fiscal is not liable, unless he ordered
detention
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Vena V. Verga

officer detaining a person beyond legal period:


1. means of communication
2. hour of arrest
3. other circumstances (time, etc.)

126
Delaying
Release

127
Expulsion
128
Violation of
Domicile

1.
2.

That offender is a public officer or employee


There is a judicial or executive order for the release of a
prisoner or detention prisoner, or that there is a
proceeding upon a petition for the liberation of such
person
3. The offender without good reason delays:
a. the service of the notice of such order to the prisoner
b. the performance of such judicial or executive order for
the release of the prisoner
c. the proceedings upon a petition for the release of such
person
1. Offender is a public officer or employee
2. He expels any person from the Philippines or compels a
person to change his residence
3. The offender is not authorized to do so by law
Acts Punished:
1. By entering any dwelling against the will of the owner
thereof; or
2. By searching papers or other effects found therein without
the previous consent of such owner; or
3. By refusing to leave the premises, after having
surreptitiously entered said dwelling and after having been
required to leave the same
Elements Common to the Three Acts:
1. Offender is a public officer or employee
2. He is not authorized by judicial order to enter the dwelling
and / or to make a search therein for papers and other
effects

Same as Article
124

10. Article 125 distinguished from Article 124


in Art. 124, the detention is illegal from the
beginning; in Art. 125, the detention is legal
in the beginning but the illegality of the
detention starts from the expiration of any of
the periods of time specified without person
detained having been delivered to proper
judicial authority
Wardens and jailers are the public officers most
likely to violate Article 126

PC

Only the court by a final judgment can order a


person to change his residence

PC in minimum

1.

PC in medium
and maximum if
with Qualifying
circumstances of
nighttime, or if
any papers or
effects not
constituting
evidence of a
crime be not
returned
immediately

2.

3.
4.

5.

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A public officer or employee is authorized by


judicial order when he is armed with a
search warrant duly issued by the court
Against the will of the owner presupposes
opposition or prohibition by said owner,
whether express or implied; if it is only
without the consent of the owner, the crime
is not committed
Right of officer to break into building or
enclosure (Sec 11 Rule 113, 1985 Rules on
Criminal Procedure)
Circumstances Qualifying the Offense:
a. If the offense is committed at nighttime;
or
b. If any papers or effects not constituting
evidence of a crime are not returned
immediately after the search was made
Papers of other effects must be found in the
dwelling
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129
Search
Warrants
Maliciously
Obtained and
Abuse in
Service of
Those Legally
Obtained

Acts Punished:
1. By procuring a search warrant without just cause
a. Offender is a public officer or employee
b. Procures a search warrant
c. There is no just cause
2. By exceeding his authority or by using unnecessary
severity in executing a search warrant legally procured
a. The offender is a public officer or employee
b. He has legally procured a search warrant
c. He exceeds his authority or uses unnecessary severity
in executing the same
Search Warrant an order in writing issued in the name of
the People of the Philippines, signed by a judge and directed
to a peace officer, commanding him to search for personal
property described therein and bring it before the court
Probable Cause such reasons, supported by facts and
circumstances, as will warrant a cautious man in the belief
that his action, and the means taken in prosecuting it, are
legally just and proper

Vena V. Verga
Liability
attaching to
Offender for
commission of
any other
offense (perjury)
and
A Mayor in
maximum to PC
in minimum and
fine not
exceeding
P1,000

1.

2.
3.
4.

5.
6.
7.

130
Searching
Domicile
Without
Witnesses

1.
2.
3.

131
Prohibition,
Interruption,
and
Dissolution of
Peaceful
Meetings

1.
2.

132
Interruption

4.

1.
2.

The offender is a public officer or employee


He is armed with search warrant legally procured
He searches the domicile, papers or other belongings of
any person
The owner, or any member of his family, or two witnesses
residing in the same locality are not present

A Mayor in
medium and
maximum

1.

Offender is a public officer or employee


He performs any of the following acts:
a. Prohibiting or interrupting, without legal ground, the
holding of a peaceful meeting, or by dissolving the
same
b. Hindering any person from joining any lawful
association or from attending any of its meetings
c. Prohibiting or hindering any person from addressing,
either alone or together with others, any petition to
the authorities for the correction of abuses or redress
of grievances
Offender is a public officer or employee
Religious ceremonies or manifestations of any religion are

PC in minimum

1.
2.

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Criminal Law II Reviewer

2.

3.
4.
5.

PC in minimum
PC in medium

1.

Personal Property to be Seized:


a. Subject of the offense; or
b. Stolen or embezzled and other proceeds
or fruits of the offense; or
c. Used or intended to be used as the
means of committing an offense
Search warrant will not issue except upon
probable cause
Search warrant is valid for 10 days from its
date
The true test of lack of just cause is whether
the affidavit filed in support of the
application for search warrant has been
drawn in such a manner that perjury could
be charged thereon and affiant be held liable
for damages caused
Search and seizure without warrant as an
incident to lawful arrest is legal
Peace officers may enter house of an
offender who committed an offense in their
presence
Search and seizure of vessels without a
search warrant legal
Search to go over or look thru for the
purpose of finding something; to examine
Distinguish Article 128 from Article 130 In
violation of domicile, the public officer has
not authority to make a search warrant; in
Article 130, public officer has a search
warrant
Private individual cannot commit this crime
Under paragraph 1, public officer must act
without legal ground
When the meeting to be held is not peaceful,
there is legal ground for prohibiting it
The right to peaceably assemble is not
absolute and may be regulated
The offender must be a stranger, not a
participant, in the meeting
Preventing a religious ceremony to take
place punishable under this article
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of Religious
Worship

133
Offending the
Religious
Feelings

134
Rebellion or
Insurrection

about to take place or are going on


3. Offender prevents or disturbs the same
Qualifying Circumstance:
if the crime is committed with violence or threats
1. Acts complained of were performed:
a. In a place devoted to religious worship, or
b. During the celebration of any religious ceremony
2. The acts must be notoriously offensive to the feelings of
the faithful
Religious Ceremonies religious acts performed outside of
a church, such as processions and special prayers for burying
dead person
1. There be a public uprising and taking arms against the
Government
2. The purpose of the uprising or movement is either:
a. to remove from the allegiance to said government or
its laws:
i.
the territory of the Philippines or any part
thereof; or
ii.
any body of land, naval or other armed forces;
or
b. To deprive the Chief Executive or Congress, wholly or
partially, of any of their powers or prerogatives
Rebellion used where the object of the movement is
completely to overthrow and supersede the existing
government
Insurrection used in reference to a movement which seeks
merely to effect some change of minor importance, or to
prevent the exercise of governmental authority with respect to
particular matters or subject
Rebellion distinguished from Treason:
1. Rebellion levying of war during peace time for any of the
purposes mentioned; Treason performed in aid of enemy
during wartime
2. Rebellion always involves taking up arms against
government; Treason may be committed by mere
adherence to the enemy, giving aid or comfort

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Vena V. Verga
and maximum if
committed with
violence or
threats
A Mayor in
maximum to PC
in minimum

2.

1.

2.
3.
RP person who
promotes,
maintains or
heads rebellion
or insurrection
RT person
merely
participating or
executing
commands of
others

Reading a bible and then attacking certain


churches in a public plaza is not a ceremony
of manifestation of religion, but only a
meeting of a religious sect
It is not necessary that there is a religious
ceremony going on when the offender
performs acts notoriously offensive to the
feelings of the faithful
There must be deliberate intent to hurt the
feelings of the faithful
Offense
to
feelings
is
judged
from
complainants point of view

1.

Rebellion or of inciting it is a crime of


masses, of a multitude
2. Actual clash of arms with the forces of the
government, not necessary to convict the
accused who is in conspiracy with others
actually taking arms against the government
3. Purpose of the uprising must be shown
4. It is not necessary that the purpose be
accomplished
5. Giving aid or comfort not criminal in rebellion
6. Rebellion distinguished from Subversion
rebellion is a crime against public order;
Subversion like treason, against national
security
7. Mere silence or omission is not punishable in
rebellion
8. It is not a defense in rebellion that the
accuse never took the oath of allegiance to,
or
that
they
never
recognized
the
government
9. Those who killed persons in pursuance of
movement to overthrow government are
liable for rebellion only
10. There is no complex crime of rebellion with
murder
and
other
common
crimes
(Hernandez ruling)
11. Killing, robbing, etc for a private purpose or
profit, without any political motivation, would
be separately punished and would not be
absorbed in the rebellion
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134-A
Coup detat

1.
2.
3.

4.

Offender is a person(s) belonging to the military or police


or holding any public office or employment
It is committed by means of a swift attack accompanied
by violence, intimidation, threat, strategy or stealth
The attack is directed against duly constituted authorities
of the Philippines, or any military camp or installation,
communication networks, public utilities or other facilities
needed for the exercise and continued possession of
power
The purpose of the attack is to seize or diminish state
power

Political Crimes Distinguished from Common Crimes


Political crimes are those directly aimed against the
political order, as well as such common crimes as may
be committed to achieve a political purpose
The decisive factor is the intent or motive

136
Conspiracy
and Proposal
to Commit
Coup detat,
Rebellion or
Insurrection

Conspiracy and Proposal to Commit Coup detat

137
Disloyalty of
Public
Officers

1.
2.

138
Inciting to
Rebellion

1.

Conspiracy to Commit Rebellion or Insurrection


Proposal to Commit Rebellion or Insurrection

2.
3.

Offender is a public officer or employee


Commits any of the following acts of disloyalty:
a. Failing to resist a rebellion by all the means in their
power;
b. Continuing to discharge the duties of their offices
under the control of the rebels;
c. Accepting appointment to office under them
Offender does not take arms or is not in open hostility
against the government
He incites others to the execution of any of the acts of
rebellion
The inciting is done by means of speeches, proclamations,

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Vena V. Verga
RT in maximum
1. Coup d etat may be committed with or
person in
without civilian participation
government
2. Those liable for Rebellion, Insurrection
service who
and/or Coup d etat (Article 135)
participates, or
a. Leaders
executes
i. any person who promotes, maintains,
directions or
or heads a rebellion or insurrection
commands of
ii. any person who leads, directs, or
others in
commands others to undertake a coup
undertaking a
detat
coup detat
b. Participants
PM in maximum
i. Any person who participates or
person not in
executes the commands of others in
government
rebellion or insurrection
service who
ii. Any person in the government service
participates, or
who
participates,
or
executes
in any manner
directions or commands of others in
supports,
undertaking a coup detat
finances, abets
iii. Any person not in the government
or aids in
service who participates, supports,
undertaking a
abets, or aids in undertaking a coup
coup detat
detat
PM in minimum
1. Merely agreeing and deciding to rise publicly
and fine not to
and take arms against the government for
exceed P8,000
the purposes of rebellion or merely
proposing the commission of said acts is
PC in maximum
already subject to punishment
and fine not to
2. No conspiracy when there is no agreement
exceed P5,000
and no decision to commit rebellion
PC in medium
and fine not to
exceed P2,000
PC in minimum The crime of disloyalty of public officers presupposes
the existence of rebellion by other persons
The offender under Article 137 must not be in
conspiracy with the rebels

PM in minimum

1.

Inciting to Rebellion Distinguished from


Proposal
a. in both, the offender induces another to
commit rebellion
b. in proposal, person who proposes has
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Vena V. Verga

writings, emblems, banners or other representations


tending to the same end

139
Sedition

1.
2.
3.

141
Conspiracy to
Commit
Sedition
142
Inciting to
Sedition

The offenders rise publicly and tumultuously


They employ force, intimidation, or other means outside of
legal methods
The offenders employ any of those means to attain any of
the following objects:
a. To prevent the promulgation or execution of any law or
the holding of any popular election
b. To prevent the National Govt, or any provincial or
municipal govt, or any public officer thereof from
freely exercising its or his functions, or prevent the
execution of any administrative order
c. To inflict any act of hate or revenge upon the person
or property of any public officer or employee
d. To commit, for any political or social end, any act of
hate or revenge against private persons or any social
class; and
e. To despoil, for any political or social end, any person,
municipality or province, or the national govt of all its
property or any part thereof

PM in minimum
and a fine not
exceeding
P10,000 for
the leader of
sedition
PC in maximum
and a fine not
exceeding
P5,000 for
other persons
participating
therein

2.
1.
2.

3.

4.
PC in medium
and fine not to
exceed P2,000

5.
1.
2.

Different Acts Punished:


1. Inciting to Sedition to Accomplish any of its Objects:
a. Offender does not take direct part in the crime of
sedition
b. He incites others to the accomplishment of any of the
acts which constitute sedition
c. The inciting is done by means of speeches,
proclamation, writings, emblems, cartoons, banners,
or other representations tending to the same end
2. Uttering seditious words or speeches which tend to disturb
the public peace
3. Writing, publishing or circulating scurrilous libels against

/vvverga Second Semester, AY 2004-2005


Criminal Law II Reviewer

PC in maximum
and fine not to
exceed P2,000

1.
2.

decided to commit rebellion; in inciting,


it is not required that offender has
decided to commit rebellion
c. in proposal, person who proposes uses
secret motive; in inciting, the act is done
publicly
Rebellion should not be committed
Sedition is the raising of commotions or
disturbances in the state
Sedition Distinguished from Rebellion
a. In both, there must be public
uprising
b. In sedition, it is sufficient that public
uprising is tumultuous; in rebellion,
there must be taking up of arms
against the government
c. In sedition, the purpose of offenders
may be political or social; in
rebellion, it is always political
Sedition distinguished from treason
treason is the violation by a subject of
allegiance to sovereign; sedition is the
raising of commotions or disturbances in the
State
Public uprising and an object of sedition
must concur
Common crimes are not absorbed in sedition
There must be an agreement and a decision
to rise publicly and tumultuously to attain
any of the objects of sedition
There is no proposal to commit sedition
Scurrilous low, vulgar, mean or foul
Uttering seditious words or speeches and
writing, publishing or circulating scurrilous
libels are punishable, when:
a. they tend to disturb or obstruct any
lawful officer in executing the functions
of his office; or
b. they tend to instigate others to cabal
and
meet
together
for
unlawful
purposes; or
c. they
suggest
or
incite
rebellious
conspiracies or riots; or
Page 9 of 75

Criminal Law II Reviewer

Vena V. Verga

the government or any of the duly constituted authorities


thereof, which tend to disturb the public peace
a. Offender does not take direct part in the crime of
sedition
b. Commits any of the following acts of sedition either 2
or 3

143
Acts Tending
to Prevent
the Meeting
of Congress
144
Disturbance
of
Proceedings
of Congress
and Similar
Bodies

145
Violation of
Parliamentar
y Immunity

146
Illegal

1.

There be a projected or actual meeting of Congress or any


of its committees or subcommittees, constitutional
committees or divisions thereof, or of any provincial board
or city or municipal council or board
2. The offender who may be any person prevents such
meeting by force or fraud
1. There be a meeting of Congress or any of its committees
or subcommittees, constitutional commissions or
committees or divisions thereof, or of any provincial board
or city or municipal council or board
2. The offender does any of the following acts:
a. He disturbs any of such meetings
b. He behaves while in the presence of any such bodies
in such a manner as to interrupt its proceedings or to
impair the respect due it.
First Form
1. The offender (any person) uses force, intimidation, threats
or fraud.
2. The purpose of the offender is to prevent any member of
Congress from:
a. Attending the meetings of Congress or any of its
committees, etc.; or
b. Expressing his opinion; or
c. Casting his vote
Second Form
1. Offender is a public officer or employee
2. He arrests or searches any member of Congress
3. Congress, at the time of arrest or search, is in regular or
special session
4. The member arrested or searched has not committed a
crime punishable under the Code by a penalty higher than
prision mayor
1. Any meeting attended by armed persons for the purpose
of committing any of the crimes punishable under the code

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Criminal Law II Reviewer

d.

PC or a fine
ranging from
P200 to P2,000
or both
A Mayor or a fine
of P200 to
P1,000

they lead or tend to stir up the people


against the lawful authorities or to
disturb the peace of the community, the
safety and order of the government
3. Knowingly concealing such evil practices is
treated and punished as that of the principal
4. Two rules relative to seditious words:
a. Clear and Present Danger Rule
b. Dangerous Tendency Rule
Chief of police and mayor who prevented the
meeting of the municipal council are liable under
Article 143, when the defect of the meeting is
not manifest and requires an investigation
before its existence can be determined
1.
2.

PM

1.
2.

The complaint for disturbance of proceedings


may be filed by a member of a legislative
body
One who disturbs the proceedings of the
congress my also be punished for contempt

Parliamentary immunity does not protect


members of the Congress from responsibility
before the legislative body itself
It is sufficient that the offender, in using
force, intimidation, threats, or frauds, has
the purpose to prevent a member of
Congress from exercising any of his such
prerogatives

PC

PC in maximum
to PM in medium

1.

Persons present at the meeting must be


armed in the first form of illegal assembly
Page 10 of 75

Criminal Law II Reviewer


Assemblies

a.

2.

147
Illegal
Associations

there is a meeting, a gathering or group of persons,


whether in a fixed place or moving
b. that the meeting is attended by armed persons
c. that the purpose of the meeting is to commit any of
the crimes punishable under the code
Any meeting in which the audience, whether armed or not,
is incited to the commission of treason, rebellion or
insurrection, sedition, or assault upon a person in
authority or his agents
a. there is a meeting, a gathering or group of persons,
whether in a fixed place or moving
b. the audience, whether armed or not, is incited to the
commission of the crime of treason, rebellion or
insurrection, sedition or direct assault

Persons liable for illegal Assembly:


1. Organizers or leaders of the meeting
2. Persons merely present at the meeting
Illegal Associations:
1. Associations totally or partially organized for the purpose
of committing any of the crimes punishable under the
Code
2. Associations totally or partially organized for some
purpose contrary to public morals
Persons Liable for Illegal Association:
1. Founders, directors and president of the association
2. Mere members of the association

148
Direct
Assaults

2.

Without public uprising, by attacking or employing force or

Simple Assault:
a. the offender makes an attack, employs force, makes a
serious intimidation, or makes a serious resistance
b. the person assaulted is a person in authority or his
agent
c. at the time of the assault the person in authority or his
agent is engaged in the actual performance of official
/vvverga Second Semester, AY 2004-2005
Criminal Law II Reviewer

Vena V. Verga
for organizers
or leaders of any
meeting under
this article
A Mayor
unarmed persons
merely present

2.
3.
4.

PC armed
persons merely
present

5.
PC in minimum
and medium and
a fine not
exceeding
P1,000
founders,
directors, and
presidents
A Mayor mere
members of said
association

PC in medium
and maximum
periods and a
fine not
exceeding
P1,000 when
the assault is
committed with a

But not all the persons present at the


meeting of the 1st form of illegal assembly
must be armed
The unarmed person merely present at the
meeting of the 1st form of illegal assembly is
liable
If any person present at the meeting carries
an unlicensed firearm:
a. It is presumed that the purpose of the
meeting insofar as he is concerned, is to
commit acts punishable under the Code;
and
b. He is considered a leader or organizer of
the meeting
Meeting includes a gathering or group,
whether in a fixed place or moving

Illegal Association distinguished from Illegal


Assembly
1. In Illegal Association, it is not necessary that
there be an actual meeting; In illegal
Assembly, it is necessary there is an actual
meeting
2. In illegal associations, it is the act of forming
or organizing and membership in association
that are punished; in Illegal Assembly, it is
the meeting and attendance at such meeting
that are punished
3. In illegal associations, the persons liable are
the founders, directors and president and
the members; In illegal assembly the person
liable are the organizers or leaders of the
meeting, and persons present at such
meeting
1. It does not seem that the offended party in
the first form of direct assault must be a
person in authority or his agent
2. If the offended party is only an agent of a
person in authority, the force employed must
be of SERIOUS character to be direct assault
3. The force employed NEED NOT be serious
when the offended party is a person in
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Criminal Law II Reviewer

d.
e.

duties, or that he is assaulted by reason of the past


performance of official duties
the offender knows that the one he is assaulting is a
person in authority or his agent in the exercise of his
duties
there is no public uprising

Qualified Assault
a. when the assault is committed with a weapon
b. when the offender is a public officer or employee
c. when the offender lays hands upon a person in
authority
Person in Authority any person directly vested with
jurisdiction, whether as an individual or as a member of some
court or governmental corporation, board or commission, shall
be deemed a person in authority
Agent of Person in Authority one who, by direct provision
of law, or by election or by appointment by competent
authority, is charged with the maintenance of public order and
the protection and security of life and property, such as a
barrio vice-lieutenant, barrio councilman and barrio policeman,
and any person who comes to the aid of persons in authority
To be an agent of a person of authority, one must be
charged with:
1. maintenance of public order; and
2. protection and security of life and property
Distinguish Direct Assault from Ordinary Assault:
a. Direct assault are crimes against public order;
ordinary assaults are crimes against persons
b. Direct assaults are triable by the Court of First
Instance

Vena V. Verga
weapon or when
the offender is a
public officer or
employee
PC in minimum
period and a fine
not exceeding
P500 no
circumstances
present

4.
5.
6.
7.

8.
9.
10.

11.
12.

13.
14.
15.
16.

17.

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Criminal Law II Reviewer

authority
The intimidation or resistance must be
serious whether the offended party is an
agent only or he is a person in authority
The resist must be grave, therefore it must
be active resistance
Intimidation must produce its effects
immediately
To determine whether a certain public officer
is a person in authority, the powers and
duties vested in him by law should be
determined
The status of person in authority being a
matter of law, ignorance thereof is no excuse
Functions of the person in authority or his
agent must be clearly shown in the
information
When a person in authority or their agents
descended to mattes which are private in
nature, an attack made by one against the
other is not direct assault
Even if the agent of a person in authority
agrees to fight, it still constitutes direct
assault
If a person in authority or his agent goes
beyond the scope of the respective powers
of public officers, if they are fixed, then they
are considered NOT in the performance of
official duties
Knowledge of the accused that the victim is
a person in authority or his agent is essential
Defendant must have the intention to defy
the authorities
If is not necessary that the person in
authority who was assaulted was ACTUALLLY
performing official duties
Evidence of motive is important when the
person attacked or seriously intimidated is
NOT in the actual performance of his official
duty
Where in the commission of direct assault,
serious or less serious physical injuries are
also inflicted, the offender is guilty of the
Page 12 of 75

Criminal Law II Reviewer

149
Indirect
Assaults
150
Disobedience
to Summons
Issued by
Congress, its
Committees,
etc.

151
Resistance
and
Disobedience
to a Person in
Authority or
Agents of
Such Person

1.

A person in authority or his agent is the victim of any of


the forms of direct assault defined in Article 148
2. A person comes to the aid of such authority or his agent
3. The offender makes use of force or intimidation upon such
person coming to the aid of the authority or his agent
Acts Punishable:
1. By refusing, without legal excuse, to obey summons of
Congress, its special or standing committees and
subcommittees or divisions, or by any commission or
committee chairman or member authorized to summon
witnesses
2. By refusing to be sworn or placed under affirmation while
being before such legislative or constitutional body or
official
3. By refusing to answer any legal inquiry or to produce any
books, papers, documents, or records in his possession,
when required by them to do so in the exercise of their
functions
4. By restraining another from attending as a witness in such
legislative or constitutional body
5. By inducing disobedience to a summons or refusal to be
sworn by any such body or official
Resistance and Serious Disobedience (Par.1):
1. A person in authority or his agent is engaged in the
performance of official duty or gives a lawful order to the
offender
2. The offender resists or seriously disobeys such person in
authority or his agent
3. The act of the offender is not included in the provisions of
Articles 148, 149, and 150
Simple Disobedience (Par. 2):
1. An agent of a person in authority is engaged in the
performance of official duty or gives a lawful order to the
offender
2. The offender disobeys such agent of a person in authority
3. Such disobedience is not of a serious nature
Direct Assault Distinguished from Resistance or Serious
Disobedience:

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Vena V. Verga

PC in minimum
and medium
periods and a
fine not
exceeding P500
A Mayor or a fine
ranging from
P200 to P1,000
any person who
having been
summoned

complex crime of direct assault with serious


or less serious physical injuries
18. the crime of slight physical injuries is
absorbed in direct assault
1. Indirect assault can be committed only when
a direct assault is also committed
2. The offended party in indirect assault may
be a private person
1.
2.
3.

Article 150 applies only to disobedience


WITHOUT legal excuse
Any of the acts punished by Article 150 may
also constitute contempt of Congress
The court may take any action not
amounting to a release of a prisoner of
Congress
The power of inquiry, with process to enforce
it, is an essential and appropriate auxiliary to
the legislative functions

Same penalty
any person who
shall induce
disobedience to a
summons or
refusal to be
sworn by any
such body

4.

A Mayor and a
fine not
exceeding P500
any person
shall resist or
seriously disobey
any person in
authority

Paragraph 1:
1. The juridical conception of the crime of
resistance and disobedience to a person in
authority or his agents consists in a failure to
comply with orders directly issued by the
authorities in the exercise of their official
duties
2. The person in authority must be in the actual
performance of his official duties
3. The disobedience contemplated consists in
the failure or refusal to obey a direct order
from the authority or his agent
4. The accused must have knowledge that the
person arresting him is a peace officer
5. There is justified resistance when the
accused had no right to make the search

A Menor or a fine
ranging from P10
to P100
disobedience to
an agent of a
person in
authority is not
of a serious

Page 13 of 75

Criminal Law II Reviewer


1.

153
Tumults and
Other
Disturbances
of Public
Order

In direct assault, the person in authority or his agent must


be engaged in performance of official duties or that he is
assaulted by reason thereof, but in resistance, the person
in authority or his agent must be in actual performance of
his duties
2. Direct assault (2nd form) is committed in 4 ways;
Resistance is committed only by resisting or seriously
disobeying
3. In both, there is force employed, but the force in
resistance is not so serious, as there is no manifest
intention to defy the law; in direct assault it must be
serious and deliberate;
4. When the one resisted is a person in authority, the use of
any kind or degree of force will give rise to direct assault;
if no force is employed by the offender in resisting or
disobeying, the crime committed is resistance
Tumults and Other Disturbances of Public Order:
1. Causing any serious disturbance in a public place, office or
establishment
2. Interrupting or disturbing performances, functions or
gatherings, or peaceful meetings, if the act is not included
in Articles 131 and 132
3. Making any outcry tending to incite rebellion or sedition in
any meeting, association or public place
4. Displaying placards or emblems which provoke a
disturbance of public order in such place
5. Burying with pomp the body of a person who has been
legally executed
Outcry to shout subversive or provocative words tending to
stir up the people to obtain by means of force or violence any
of the objects of rebellion or sedition
Circumstances Qualifying the Disturbance or
Interruption
if tumultuous in character
Tumultuous the disturbance or interruption shall be deem
as such if caused by more than three persons who are armed
or provided with means of violence

154

Acts Punished as Unlawful Use of Means of Publication

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Criminal Law II Reviewer

Vena V. Verga
nature

Paragraph 2:
6. The order must be lawful
7. If the disobedience to an agent of a person
in authority is of a serious nature, the
offender should be punished under par. 1 of
Article 151
8. When the attack or employment of force is
not deliberate, the crime is only resistance
or disobedience

A Mayor in
medium to PC in
minimum and a
fine not
exceeding
P1,000
Penalty next
higher in Degree
person causing
any disturbance
or interruption of
a tumultuous
character
A Mayor
person who shall
make any outcry
tending to incite
rebellion or
sedition
A Menor and a
fine not to
exceed P200
bury with pomp
the body of a
person legally
executed
A Mayor and fine

1.
2.

3.

4.

1.

Serious disturbance must be planned or


intended
If the act of disturbing or interrupting a
meeting or religious ceremony is not
committed by public officers, or if committed
by public officers they are participants
therein, Article 153 should be applied
Inciting to Sedition or Rebellion distinguished
from Public Disorder It is necessary that
offender should have done the act with the
idea aforethought of inducing his hearers or
readers to commit the crime of rebellion or
sedition; if the outcry is more or less
unconscious
outburst,
which,
although
rebellious or seditious in nature, is not
intentionally calculated to induce others to
commit rebellion or sedition, it is only public
disorder
One who fired a submachine gun to cause
disturbance, but inflicted serious physical
injuries on another, may be prosecuted for 2
crimes

It is not necessary that the publication of the


Page 14 of 75

Criminal Law II Reviewer


Unlawful Use
of Means of
Publication
and Unlawful
Utterances

155
Alarms and
Scandals

and Unlawful Utterances:


1. Publishing or causing to be published, by means of
printing, lithography or any other means of publication, as
news any false news which may endanger the public order,
or cause damage to the interest or credit of the State
2. By encouraging disobedience to the law r to the
constituted authorities or by praising, justifying or
extolling any act punished by law, by the same means or
by words, utterances or speeches
3. By maliciously publishing or causing to be published any
official resolution or document without proper authority, or
before they have been published officially
4. By printing, publishing or distributing (or causing the
same) books, pamphlets, periodicals, or leaflets which do
not bear the real printers name, or which are classified as
anonymous
Acts Punished as Alarms and Scandals:
1.
2.
3.
4.

Discharging any firearm, rocket, firecracker, or other


explosive within any town or public place, calculated to
cause (which produces) alarm or danger
Instigating or taking an active part in any charivari or
other disorderly meeting offensive to another or prejudicial
to public tranquility
Disturbing the public peace while wandering about at night
or while engaged in any other nocturnal amusements
Causing any disturbance or scandal in public places while
intoxicated or otherwise, provided Article 153 is not
applicable

Vena V. Verga
ranging from
P200 to P1,000
2.
3.

A Menor or a fine
not exceeding
P200

1.
2.
3.

4.
5.
6.

156
Delivering
Prisoners
from Jail

1.
2.

There is a person confined in a jail or penal establishment


The offender removes therefrom such person, or helps the
escape of such person

Qualifying Circumstance
What constitutes the qualifying circumstance is the
offenders act of employing bribery as a means of
/vvverga Second Semester, AY 2004-2005
Criminal Law II Reviewer

A Mayor in
maximum to PC
in minimum
any person who
shall remove
from any jail any
person confined
therein or shall

1.
2.
3.
4.
5.

false news actually cased public disorder or


caused damage to the interest or credit of
the State; the mere possibility of causing
such danger or damage is sufficient
The offender must know that the news is
false
If there is no possibility of danger to the
public order or of causing damage to the
interest or credit of the state by the
publication of the false news

It is the result, not the intent that counts.


The act must produce alarm or danger as a
consequence
The discharge of the firearm should not be
aimed at a person, otherwise, the offense
would fall under Article 254
Article 155 does not make any distinction as
to the particular place in the town or public
place where the discharge of firearm, rocket,
etc. is effected
The discharge of firecrackers or rockets
during fiestas or festive occasion are not
covered by this Article
Disturbance of serious nature falls under
Article 153
Charivari medley of discordant voices, a
mock serenade of discordant noises made on
kettles, tins, horns, etc. designed to annoy
and incite
Person may be under detention only or by
final judgment
Hospital or asylum considered as an
extension of jail or prison
Offender is usually an outsider
The guard of the jail, who is off duty, may be
held liable for delivering prisoner from jail
Violence, intimidation or bribery is not
Page 15 of 75

Criminal Law II Reviewer


removing or delivering the prisoner from jail, and not
the offenders act of receiving or agreeing to receive a
bribe as a consideration fro committing the offense

157
Evasion of
Service of
Sentence

158
Evasion on
Occasion of
Disorders

1.
2.
3.

Offender is a convict by final judgment


He is serving his sentence which consists in deprivation of
liberty
He evades the service of the sentence by escaping during
the term of his sentence

Qualifying Circumstances:
1. by means of unlawful entry (by scaling);
2. by breaking doors, windows, gates, walls, roofs or floors;
3. by using picklocks, false keys, disguise, deceit, violence,
or intimidation; or
4. thru connivance with other convicts or employees of penal
institution
1. The offender is a convict by final judgment, who is
confined in a penal institution
2. There is a disorder, resulting from: conflagration,
earthquake, explosion, similar catastrophe, or mutiny in
which he has not participated
3. The offender evades the service of his sentence by leaving
the penal institution where he is confined, on the occasion
of such disorder or during the mutiny
4. The offender fails to give himself up to the authorities
within 48 hours following the issuance of a proclamation
by the chief executive announcing the passing away of
such calamity
Mutiny organized unlawful resistance to a superior officer; a
sedition or revolt; does not include a riot or if prisoners
disarmed the guards and escaped since they are not their

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Vena V. Verga
help escape of
such person by
means of
violence,
intimidation or
bribery
Same Penalties
in Minimum if
escape should
take place
outside of said
establishment by
taking guards by
surprise
PC in medium
and maximum
escape during
term of
imprisonment
PC in maximum
if it shall take
with any of the
qualifying
circumstances
enumerated
Increase of 1/5
of time still
remaining to be
served under the
original
sentence, which
in no case shall
exceed six
months
Deduction
provided in
Article 98 if
convict shall give
himself up within
48 hours

6.
7.

8.

1.
2.

3.
4.

5.
1.
2.
3.

4.

5.

necessary
Employment of deceit is not an element of
the offense
If the crime committed by the prisoner for
which he is confined or serving sentence is
treason, murder or parricide, the act of
taking the place of the prisoner in the prison
is that of an accessory and he may be held
liable as such, because he assists in the
escape of the principal
Prisoner is criminally liable for leaving the
penal institution only when there is evasion
of a sentence
The sentence must be by reason of final
judgment
This article is not applicable to sentence
executed by deportation
Escape flee from, to avoid, to get out of
the way, as to flee to avoid arrest
Article 157 is applicable to sentence of
destierro, since it consists in a deprivation of
liberty
Unlawful entry scaling or climbing the
wall
Offender must be a convict by final
judgment
The convict must leave the penal institution
What is punished is not the leaving of the
penal institution, but the failure of the
convict to give himself up to the authorities
within 48 hours after the proclamation
announcing the passing away of the calamity
If offender fails to give himself up, he gets
an increased penalty
If offender gives himself up he is entitle to a
deduction of 1/5th of his sentence

Page 16 of 75

Criminal Law II Reviewer

159
Violation of
Conditional
Pardon

superior officers
1. Offender was a convict
2. He was granted a conditional pardon by the Chief
Executive
3. He violated any of the conditions of such pardon
Conditional Pardon a contract between the Chief
Executive, who grants the pardon, and the convict, who
accepts it

Vena V. Verga

PC in minimum
period if
penalty remitted
does not exceed
6 years
Unexpired
Portion of
Original
Sentence if
penalty remitted
is higher than 6
years

1.
2.

3.
4.
5.
6.
7.

160
Commission
of Another
Crime During
Service of
Penalty
Imposed for
Another
Previous
Offense

Quasi-Recidivism
1. The offender was already convicted by final judgment of
one offense
2. He committed a new felony before beginning to serve such
sentence or while serving the same

Besides the
provisions of
Rule 5 Article 62,
Maximum of
penalty
prescribed by
law for the new
felony

1.

161
Forging the
Seal of the
Govt,
Signature or
Stamp of the
Chief
Executive
162
Using Forged
Signature or
Counterfeit
Seal or

Acts Punished:
1. Forging the Great Seal of the Government of the
Philippines
2. Forging the signature of the president
3. Forging the stamp of the president

RT

1.

1.

P Mayor

Quasi-Recidivism Distinguished from Reiteracion


reiteracion requires that the offender against who it is
considered shall have served out his sentences for the prior
offenses

2.
3.

That the Great Seal of the Republic was counterfeited or


the signature or stamp of the Chief Executive was forged
by another person
The offender knew of the counterfeiting or forgery
He used the counterfeit seal or forged signature or stamp

/vvverga Second Semester, AY 2004-2005


Criminal Law II Reviewer

2.
3.

2.
3.

The court cannot require the convict to serve


the unexpired portion of his original
sentence if it does not exceed 6 years
Violation of conditional pardon is not a
substantive offense, because the penalty for
such violation is the unexpired portion of the
punishment in the original sentence
Condition extends to special laws
Offender must be found guilty of subsequent
offense before he can be prosecuted under
Article 159
Offender can be arrested and re-incarcerated
without trial
The period when convict was at liberty, not
deducted in case he is recommitted
Duration of the conditions subsequent is
limited to the remaining period of the
sentence
Second crime must be a felony; but the first
crime for which the offender is serving
sentence need not be a felony (could be
under a special law)
Quasi-Recidivism cannot be offset by
ordinary mitigating circumstances
A quasi-recidivist, who is not a habitual
criminal, may be pardoned at the age of 70
years if he has already served out his
original sentence or when he shall complete
it after reaching said age
The offense is not falsification of public
document
The President has custody and use of the
Great Seal
The signature of the President must be
forged

The offender under this article should not be the


forger.

Page 17 of 75

Criminal Law II Reviewer


Stamp
163
Making and
Importing
and Uttering
False Coins

1.
2.
3.

There be false or counterfeited coins


The offender either made, imported or uttered such coins
That in case of uttering such false or counterfeited coins,
he connived with the counterfeiters or importers

Coin is a piece of metal stamped with certain marks and


made current at a certain value
Counterfeiting means the imitation of a legal or genuine
coin; there must be an imitation of the peculiar design of a
genuine coin
Import means to bring them into port
Utter means to pass counterfeited coins; includes their
delivery or act of giving them away

164
Mutilation of
Coins

165
Selling of
False or
Mutilated
Coins,
Without
Connivance

166
Forging
Treasury or
Bank Notes
or Other
Documents

Acts Punished:
1. Mutilating coins of the legal currency, with further
requirement that there be intent to damage or to defraud
another
2. Importing or uttering such mutilated coins, with the
further requirement that there must be connivance with
the mutilator or importer in case of uttering
1. Possession of coin, counterfeited or mutilated by another
person, with intent to utter the same, knowing that it is
false or mutilated
a. Possession
b. With intent to utter
c. Knowledge
2. Actually uttering such false or mutilated coins, knowing
the same to be false and mutilated
a. Actually uttering
b. Knowledge
Acts Punishable:
1. Forging or falsification of treasury or bank notes or other
documents payable to bearer
2. Importation of such false or forged obligations or notes
3. Uttering of such false or forged obligations or notes in
connivance with the forgers or importers

/vvverga Second Semester, AY 2004-2005


Criminal Law II Reviewer

Vena V. Verga

PM in minimum
and medium and
a fine not to
exceed P10,000
silver coin of
Philippines or
coin of CB
PC in minimum
and medium and
a fine not to
exceed P2,000
minor coinage of
the Philippines or
CB
PC in minimum
and a fine not to
exceed P1,000
currency of
foreign country
PC in minimum
and a fine not to
exceed P2,000

1.

RT in minimum
and fine not to
exceed P10,000
obligation or
security of
Philippines

1.

2.
3.

A coin is false or counterfeited if it is forged


or if it is not authorized by the government
as legal tender, regardless of its intrinsic
value
Former coins withdrawn from circulation may
be counterfeited under Article 163
Kinds of coins the Counterfeiting of which is
Punished:
a. Silver coin of the Philippines or coin of
the Central Bank of the Philippines
b. Coin of minor coinage of the Philippines
or of the Central Bank of the Philippines
c. Coin of the currency of a foreign country

1.

Mutilation means to take off part of the


metal either by filing it or substituting it for
another metal of inferior quality; to diminish
by ingenuous means the metal in the coin
2. The coin must be of legal tender in
mutilation
3. Coins of foreign country not included
Penalty lower byPossession of or uttering false coin does not require
one degree thanthat the counterfeited coin is legal tender
that prescribed Constructive possession included
in said articles Possession of counterfeiter or importer not punished
as separate offense
Accused must have knowledge of the fact that the
coin is false
Punishable even if the offender was not in
connivance with counterfeiter or mutilator

2.

Uttering forged bill must be with connivance


to constitute a violation of Article 166
Notes and other obligations and securities
that may be forged or falsified under Article
166:
a. Treasury or bank notes,
Page 18 of 75

Criminal Law II Reviewer


Payable to
Bearer

Forging committed by giving to a treasury or bank note or


any instrument payable to bearer or to order the appearance
of a true and genuine document; to forge an instrument is to
make false instrument intended to be passed for the genuine
one
Falsification committed by erasing, substituting,
counterfeiting, or altering by any means, the figures, letters,
words, or signs contained therein
Importation means to bring them into the Philippines,
which presupposes that the obligations or notes are forged or
falsified in a foreign country
Uttering means offering obligations or notes knowing them
to be false or forged, whether such offer is accepted or not,
with a representation, by words or actions, that they are
genuine and with an intent to defraud

167
Counterfeitin
g
Instruments
Not Payable
to Bearer
168
Illegal
Possession
and use of
False
Treasury or
Bank Notes
and Other
Instruments
of Credit

Obligation or Security all bonds, certificates of


indebtedness, national bank notes, coupons, treasury notes,
fractional notes, certificates of deposits, bills, checks, drafts
for money, and other representatives of value under any act of
Congress
1. There be an instrument payable to order or other
document of credit not payable to bearer
2. The offender either forged, imported or uttered such
instrument
3. In case of uttering, he connived with the forger or
importer
1.

2.
3.

That any treasury or bank not or certificate or other


obligation and security payable to bearer, or any
instrument payable to order or other document of credit
not payable to bearer is forged or falsified by another
person
The offender knows that any of those instruments is
forged or falsified
He performs any of these acts:
a. using any of such forged or falsified instruments
b. possessing with intent to use any of such forged or
falsified instruments

/vvverga Second Semester, AY 2004-2005


Criminal Law II Reviewer

Vena V. Verga
P Mayor in
maximum period
and a fine not to
exceed P5,000
circulating note
issued by any
banking
association duly
authorized by
law
P Mayor in
medium and a
fine not to
exceed P5,000
issued by foreign
govt
P Mayor in
minimum and a
fine not to
exceed P2,000
circulating note
or bill issued by
foreign bank duly
authorized
therefore
PC in medium
and maximum
and a fine not to
exceed P6,000

b.
c.
3.
4.
5.

1.
2.
3.

Penalty next
lower in degree
than that
prescribed in
said articles

1.
2.
3.
4.
5.

Certificates
Other obligations and securities, payable
to bearer
A bank note, certificate or obligation and
security is payable to bearer when it can be
negotiated by mere delivery
Penalties depend upon the kind of forged
treasure or bank notes or other documents
Forgery is Committed: (Article 169)
a. By giving to a treasury or bank note or
any instrument payable to bearer or to
order mentioned therein, the appearance
of a true and genuine document
b. By erasing, substituting, counterfeiting,
or altering by any means the figures,
letters, words, or sign contained therein

Application of this article is limited to


instruments payable to order
It includes such instruments or document of
credit issued by a foreign government or
bank
Connivance is not required in uttering if the
utterer is the forger
Intent to posses is not intent to use
Possession of false treasury or bank notes
alone is not a criminal offense
Accused must have knowledge of forged
character of the note
A person in possession of falsified document
and who makes use of the same is presumed
to be material author of falsification
It is not an impossible crime when the act
performed would have been a crime of illegal
possession of false treasury notes
Page 19 of 75

Criminal Law II Reviewer


170
Falsification
of Legislative
Documents
171
Falsification
by Public
Officer,
Employee, or
Notary or
Ecclesiastical
Minister

1.
2.
3.
4.
1.
2.

3.

That there be a bill, resolution or ordinance enacted or


approved or pending approval by either House of the
Legislature or any provincial board or municipal council
The offender alters the same
He has no proper authority therefore
The alteration has changed the meaning of the document
Offender is a public officer, employee or notary public
He takes advantage of his official position
a. He has duty to make or to prepare or otherwise
intervene in the preparation of the document; or
b. He has the official custody of the document which he
falsifies
That he falsifies a document by committing any of the
following acts:
a. counterfeiting or imitating (feigning) any handwriting,
signature or rubric
i. that there be an intent to imitate, or an attempt to
imitate
ii. that the 2 signatures or handwritings, the genuine
and the forged, bear some resemblance to each
other
b. causing it to appear that persons have participated in
any act or proceeding when they did not in fact so
participate
i. the offender caused it to appear in a document
that a person(s) participated in an act or
proceeding
ii. That such person(s) did not in fact so participate
in the act or proceeding
c. Attributing to person who have participated in an act
or proceeding statements other than those in fact
made by them
i. that a person(s) participated in an act or
proceeding
ii. that such person(s) made statements in that act
or proceeding
iii. that the offender, in making the document,
attributed to such person(s) statements other than
those in fact made by such person(s)
d. Making untruthful statements in a narration of facts
i. that the offender makes in a document statements
in a narration of facts
ii. that he has a legal obligation to disclose the truth

/vvverga Second Semester, AY 2004-2005


Criminal Law II Reviewer

Vena V. Verga
PC in maximum
and a fine not to
exceed P6,000

1.
2.
3.

Bill, resolution or ordinance must be genuine


Offender is any person
The act of falsification in legislative
document is limited to altering it which
changes its meaning

P Mayor and a
fine not to
exceed P5,000
first paragraph

1.

In falsification by making alteration or


intercalation or including in a copy a
different statement, there must be a genuine
document that is falsified; in other
paragraphs, falsification may be committed
by simulating or fabricating a document
Paragraph 1
a. Counterfeiting

imitating
any
handwriting, signature or rubric
b. Feigning simulating a signature,
handwriting or rubric out of one which
does not in fact exist
Paragraph 2 when committed by a private
individual, Article 172 should apply
Paragraph 4
a. There must be a narration of facts, not
of conclusion of law
b. Legal Obligation there is a law
requiring the disclosure of the truth of
the facts narrated
c. Person making the narration of facts
must be aware of the falsity of the facts
narrated by him
d. Perversion of truth must be made with
the wrongful intent of injuring 3rd person
e. Wrongful intent not essential when the
document falsified is a public document
f. Good faith is a defense
g. Falsification by omission is punishable
Paragraph 5 Date must be essential
Paragraph 7
a. liability of private individual when there
is conspiracy same as public officer
b. Intent to gain or prejudice not necessary

Same penalty
ecclesiastical
minister

2.

3.
4.

5.
6.

Page 20 of 75

Criminal Law II Reviewer

172
Falsification
by Private
Individuals
and use of
Falsified
Documents

of the facts narrated by him


iii. that the facts narrated by the offender are
absolutely false
e. Altering true dates
f. Making any alteration or intercalation in a genuine
document which changes its meaning
i. that there be an alteration (change) or
intercalation (insertion) on a document
ii. that it was made a genuine document
iii. that the alteration or intercalation has changed the
meaning of the document
iv. that the change made the document speak
something false
g. Issuing in authenticated form a document purporting
to be a copy of any original document when no such
original exists, or including in such copy a statement
contrary to, or different from that of the genuine
original
h. Intercalating any instrument or note relative to the
issuance thereof in a protocol, registry or official book.
4. In case the offender is an ecclesiastical minister, the act of
falsification is committed with respect to any record or
document of such character that its falsification may affect
the civil status of persons
Acts Punished and Their Requisites:
1.

Falsification of public, official or commercial document by a


private individual
a. that the offender is a private individual or a public
officer or employee who did not take advantage of his
official position
b. that he committed any of the acts of falsification
enumerated in Article 171
c. that the falsification was committed in a public or
official or commercial document

2.

Falsification of private document by any person


a. that the offender committed any of the acts of
falsification, except those in paragraph 7, enumerated
in Article 171
b. that the falsification was committed in any private
document
c. that the falsification caused damage to a third party or

/vvverga Second Semester, AY 2004-2005


Criminal Law II Reviewer

Vena V. Verga

PC in medium
and maximum
and a fine of not
more than
P5,000

Paragraph 1
1. Four Kinds of Documents
a. Public Document created, executed or
issued by a public official in response to
exigencies of public service, or in
execution of which a
public official
intervened
b. Official Document issued by a public
official in exercise of the functions of his
office
c. Private Documents deed or instrument
executed by a private person without the
intervention of notary public or other
person legally authorized, by which
document
some
disposition
or
agreement is proved, evidenced or set
forth
d. Commercial Documents defined and
regulated by the Code of Commerce or
Page 21 of 75

Criminal Law II Reviewer

Vena V. Verga

at least the falsification was committed with intent to


cause such damage
3.

Use of falsified document


Introducing in Judicial Proceeding:
a. that the offender knew that a document was falsified
by another person
b. that the false document is embraces in Article 171 or
in any subdivision no 1 or 2 or Article 172
c. that he introduced said document in evidence in any
judicial proceeding
Use in Any Other Transaction:
a. that the offender knew that a document was falsified
by another person
b. that the false document is embraced in Article 171 or
in any of subdivision no. 1 or 2 of Article 172
c. that he used such document (not in judicial
proceedings)
d. that the use of the false documents caused damage to
another or at least it was used with intent to cause
such damage

173

Acts Punishable

/vvverga Second Semester, AY 2004-2005


Criminal Law II Reviewer

any other commercial law


Mere blank form of official document is not
in itself a document
3. Possessor of a certificate of tile is presumed
to be the author of the falsification that
made possible the transfer of title
4. Possessor of falsified document is presumed
to be author of falsification
5. Good faith is a defense
Paragraph 2
1. Mere falsification is not enough; requires:
a. he must have counterfeited the false
document
b. he must have performed an independent
act which operates to prejudice 3rd
person
2. Damage need not be material
3. not necessary that offender profited or hope
to profit by falsification
4. Falsification may be a necessary means to
commit other crimes
a. no complex crime of estafa thru
falsification of private document
b. no falsification thru reckless imprudence
if document is private and no actual
damage is caused
c. crime is falsification of public document,
even if falsification took place before the
private document becomes part of public
records
Generally, falsification has no attempted or
frustrated stage
Paragraph 3
1. Damage not necessary in crime of
introducing in judicial proceedings; Intent to
cause damage, at least, is required in use of
falsified document in proceeding not judicial
2. User deemed author of falsification if
a. the use was so closely connected in time
with falsification
b. the user had the capacity of falsifying
the document
1. Private individual cannot be a principal by
2.

PC in medium

Page 22 of 75

Criminal Law II Reviewer


Falsification
of Wireless,
Cable,
Telegraph
and
Telephone
Messages

174
Falsification
of Medical
Certificates,
Certificates
of Merit or
Service

175
Using False
Certificates

176
Mnftg and
Possession of
Implements
for
Falsification

1.

Uttering fictitious wireless, telegraph or telephone


message
a. That the offender is an officer or employee of the
government or of a private corporation, engaged in
the service of sending or receiving wireless, cable or
telephone message
b. That the offender commits any of the following acts:
i. uttering fictitious wireless, cable, telegraph or
telephone message
ii. falsifying wireless, cable, telegraph or telephone
message
2. Falsifying wireless, telegraph or telephone message
* same as above
3. Using such falsified message
a. that the accused knew that wireless, cable, telegraph,
or telephone message was falsified by any of the
person specified in the 1st paragraph of Article 173
b. that the accused used such falsified dispatch
c. that the use of the falsified dispatch resulted in the
prejudice of a 3rd party, or that the use thereof was
with intent to cause such prejudice
Persons Liable:
1. Physician or Surgeon must refer to illness or injury of a
person; called False Medical Certificate by a Physician
2. Public Officer includes merit,, service, good conduct or
similar circumstances; called False Certificate of Merit or
Service by a Public Officer
3. Private Individual False Medical Certificate by a Private
Individual or False Certificate of Merit by a Private
Individual
1. That the physician or surgeon had issued a false medical
certificate, or a public officer had issued a false certificate
of merit or service, good conduce or similar circumstance,
or a private person had falsified any of said certificates
2. that the offender knew that the certificate was false
3. that he used the same
Acts Punished:
1. Making or introducing in to the Philippines any stamps,
dies, marks or other instruments or implements for
counterfeiting or falsification
2. Possessing with intent to use the instruments or
implements for counterfeiting or falsification made in or
introduced into the Philippines by another person

/vvverga Second Semester, AY 2004-2005


Criminal Law II Reviewer

Vena V. Verga
and maximum
falsification
Penalty next
lower in degree
use of such
falsified dispatch

A Mayor in
Maximum to PC
in minimum and
a fine not to
exceed P1,000

2.

1.
2.

A Mayor

direct
participation
in
falsification
of
telegraphic dispatches
Private individual may be held liable as
principal by inducement in falsification of
telegraph dispatches or telephone messages

Certificate any writing by which


testimony is given that a fact has or has not
taken place
Falsification of certificate of large cattle is
now covered by Article 171 or 172 and not
174

A Menor

PC in medium
and maximum
and a fine not to
exceed P10,000
Penalty next
lower in degree

1.
2.

Implements confiscated need not form a


complete set
Also punished constructive possession

Page 23 of 75

Criminal Law II Reviewer

177
Usurpation of
Authority or
Official
Functions

178
Using
Fictitious
Name and
Concealing
True Name

179
Illegal Use of
Uniforms or
Insignia

Vena V. Verga

Two Ways of Committing the Crime:


1. By knowingly and falsely representing oneself to be an
officer, agent or representative of any department or
agency of the Philippine Government or any foreign
government
In usurpation of authority, the mere act of knowingly
and falsely representing oneself to be an officer, etc.
is sufficient; it is not necessary that he performs an
act pertaining to a public officer
2. By performing any act pertaining to any person in
authority or public officer of the Philippine Government or
of a foreign government or any agency thereof, under
pretense of official position, and without being lawfully
entitled to do so
In usurpation of official functions, it is essential that
the offender should have performed an act pertaining
to a person in authority or public officer, in addition to
other requirements

PC in minimum
and medium
periods

Using Fictitious Name:


1. The offender uses a name other than his real name
2. He uses that fictitious name publicly
3. The purpose of the offender is to conceal a crime, to evade
the execution of a judgment, or to cause damage to public
interest
Concealing True Name:
1. That the offender conceals his true name and all other
circumstances
2. That the purpose is only to conceal his identity

A Mayor and a
fine not to
exceed P500
use of fictitious
name

Distinction Between Use of Fictitious Name and Concealing


True Name:
1. In use, the element of publicity must be present; in
concealing true name, that element is not necessary
2. The purpose of use of fictitious name is any of those 3
enumerated; in concealing true name, it is merely to
conceal identity
1. That the offender makes use of insignia, uniform or dress
2. That the insignia, uniform or dress pertains to an office
not held by the offender or to a class of persons of which
he is not a member

/vvverga Second Semester, AY 2004-2005


Criminal Law II Reviewer

1.
2.

3.
4.
5.
6.
7.

A Menor and a
fine not to
exceed P200
conceal true
name

1.
2.
3.

4.
5.

A Mayor

1.
2.

There must be positive, express and explicit


representation
The offender should have represented
himself to be an officer, agent or
representative of any department or agency
of the government; or should have
performed an act pertaining to a person in
authority or public officer
False representation may be shown by acts
Article 177 may be violated by a public
officer
Article 177 does not apply to occupant under
color of title
Article 177 punishes usurpation of authority
or official functions of any officer of any
foreign government
The act performed, without the offender
being lawfully entitled to do so, must pertain
to the government, or to any person in
authority, or to any public officer
If the purpose is for causing damage, it must
be damage to public interest
Signing a fictitious name in an application for
passport is publicly using such fictitious
name
Where a person takes the place of another
who has been convicted by final judgment,
he is guilty of using a fictitious name
punishable under this Article
Fictitious Name any other name which a
person publicly applies to himself without
authority of law
Com Act No. 142 regulates the use of aliases

Wearing the uniform of an imaginary office is


not punishable
An exact imitation of a uniform or dress is
unnecessary
Page 24 of 75

Criminal Law II Reviewer


3.
180
False
Testimony
Against a
Defendant

1.
2.
3.
4.

That said insignia, uniform or dress is used publicly and


improperly
That there be a criminal proceeding
That the offender testifies falsely under oath against the
defendant therein
That the offender who gives false testimony knows that it
is false
that the defendant against whom the false testimony is
given is either acquitted or convicted in a final judgment

False Testimony committed by a person who, being under


oath and required to testify as to the truth of a certain matter
at a hearing before a competent authority, shall deny the truth
or say something contrary to it
Nature of Crime of False Testimony particularly odious
when committed in judicial proceedings, as it constitutes an
imposition upon the court and seriously exposes it to a
miscarriage of justice
181
False
Testimony
Favorable to
Defendant

Nature of the Crime False testimony favorable to the


defendant is equally repugnant to the orderly administration of
justice

182
False
Testimony in
Civil Cases

1.
2.

False testimony is punished because of its tendency to favor or


to prejudice the defendant

3.
4.
5.

That the testimony must be given in a civil case


That the testimony must relate to the issues presented in
said case
That the testimony must be false
That the false testimony must be given by the defendant
knowing the same to be false
That the testimony must be malicious and given with an
intent to affect the issues presented in said case

/vvverga Second Semester, AY 2004-2005


Criminal Law II Reviewer

Vena V. Verga

RT if the
defendant shall
have been
sentenced to
death
PM if defendant
shall have been
sentenced to RT
or Perpetua
A Mayor if
defendant shall
have been
sentenced to
correctional
penalty or a fine,
or shall have
been acquitted

1.

A Mayor in max
to PC in
minimum and a
fine not to
exceed P1,000
if prosecution is
for a felony
punishable by an
afflictive penalty
A Mayor in any
other case
PC in minimum
and a fine not to
exceed P6,000

1.

A Mayor in max
to PC in
minimum and
fine not to
exceed P1,000

3.

2.
3.
4.

2.
3.

1.
2.

Penalty for false testimony against the


defendant in a criminal case depends upon
the sentence imposed on the person against
whom the false testimony was given
Defendant must be sentenced at least to a
correctional penalty, or a fine, or must be
acquitted
Witness who gave false testimony is liable
even if his testimony was not considered by
the court
The law intends to punish the mere giving of
false testimony

False testimony by negative statement is in


favor of defendant
The false testimony favorable to the
defendant need not benefit the defendant
Rectification made spontaneously after
realizing the mistake is not false testimony

The testimony given in civil case must be


false
Article 182 is not applicable when the false
testimony is given in special proceedings
Penalty depends on amount of the
controversy
a. PC in minimum and a fine not to exceed
P6,000 if amount in controversy shall
exceed P5,000
b. A Mayor in max to PC in minimum and
fine not to exceed P1,000 if amount in
controversy shall not exceed said
Page 25 of 75

Criminal Law II Reviewer

183
False
Testimony in
Other Cases
and Perjury
in Solemn
Affirmation

1.
2.

Two ways of Committing Perjury


a. By falsely testifying under oath; and
b. By making a false Affidavit
Elements of Perjury
a. That the accused made a statement under oath or
executed an affidavit upon a material matter
b. That the statement or affidavit was made before a
competent officer, authorized to receive and
administer oath
c. That in the statement or affidavit, the accused made a
willful and deliberate assertion of a falsehood; and
d. That the sworn statement or affidavit containing the
falsity is required by law

Vena V. Verga

A Mayor in
maximum to PC
in minimum

4.

Material Matter it is the main fact which is the subject of


the inquiry or any circumstance which tends to prove that fact,
or any fact or circumstance which tends to corroborate or
strengthen the testimony relative to the subject of inquiry, or
which legitimately affects the credit of any witness who
testifies

5.
6.
7.

Competent Person Authorized to Administer Oath a


person who has a right to inquire into the questions presented
him upon matters under his jurisdiction

1.
2.
3.

That the offender offered in evidence a false witness or


false testimony
That he knew the witness or the testimony was false
That the offer was made in a judicial or official proceeding

Offer of Evidence begins the moment a witness is called to


the witness stand and interrogated by counsel

/vvverga Second Semester, AY 2004-2005


Criminal Law II Reviewer

2.

3.

Oath any form of attestation by which a person signifies


that he is bound in conscience to perform an act faithfully and
truthfully
Affidavit sworn statement in writing; a declaration in writing,
made upon oath before an authorized magistrate or officer

184
Offering
False
Testimony in
Evidence

1.

8.
9.

Respective
penalties
provided in this
section

1.

amount or cannot be estimated


There must be competent proof of
materiality
Distinguish:
a. Material when it is directed to prove a
fact in issue
b. Relevant when it tends in any
reasonable degree to establish the
probability or improbability of a fact in
issue
c. Pertinent when it concerns collateral
matters which make more or less
probable the proposition at issue
If the false testimony given by the witness Is
not important, essential or material to the
principal matter under investigation, it
cannot properly be held that perjury is
committed
No perjury if defendant subscribed and
swore before a clerk in treasurers office
since clerk in not a competent person
authorized to administer oaths
The assertion of falsehood must be willful
and deliberate
Good faith or lack of malice is a defense in
perjury
Even if there is no law, requiring the
statement to be made under oath, as long as
it is made for a legal purpose, it is sufficient
Two contradictory sworn statements are not
sufficient to convict of perjury
Subornation of Perjury committed by a
person who knowingly and willfully procures
another to swear falsely and the witness
suborned does testify under circumstances
rendering him guilty
Even if there was conspiracy between false
witness and party who presented him, the
witness having desisted before he could
testify on any material matter, he is NOT
liable, because desistance during the
attempted stage of execution is an
absolutory cause which exempts him from
Page 26 of 75

Criminal Law II Reviewer

Vena V. Verga

2.
185
Machinations,
Monopolies,
and
Combinations

186
Monopolies
and
Combinations
in Restraint
of Trade

1.

By soliciting any gift or promise as a consideration for


refraining from taking part in any public auction
a. That there be a public auction
b. That the accused solicited any gift or promise from
any of the bidders
c. That such gift or promise was the consideration for his
refraining from taking part in that public auction
d. That the accused had the intent to cause the reduction
of the price of the thing auctioned
2. By attempting to cause bidders to stay away from an
auction by threats, gifts, promises or any other artifice
a. That there be a public auction
b. That the accused attempted to cause the bidders to
stay away from the public auction
c. That is was done by threats, gifts, promises or any
other artifice
d. That the accused had the intent to cause the reduction
of the price of the thing auctioned
Acts Punished as Monopolies:
1. Combination to prevent free competition in the market
by entering into any contract or agreement or taking
part in any conspiracy or combination in the form of a
trust or otherwise, in restraint of trade or commerce
or to prevent by artificial means free competition in
the market
2. Monopoly to restrain free competition in the market
by monopolizing any merchandise or object of trade or
commerce, or by combining with any other person(s)
to monopolize said merchandise or object in order to
alter the prices thereof by spreading false rumors or
making use of any other artifice to restrain free
competition in the market
3. Manufacturer, producer, or processor or importer
combining, conspiring or agreeing with any person to
make transactions prejudicial to lawful commerce or to
increase the market price of merchandise
a. Person Liable manufacturer, producer, processor, or
importer of any merchandise or object of commerce
b. Crime Committed by combining, conspiring, or
agreeing with any person

/vvverga Second Semester, AY 2004-2005


Criminal Law II Reviewer

PC in minimum
period and a fine
ranging from
10% to 50% of
the value of the
thing auctioned

1.
2.
3.

4.
5.

PC in minimum
or a fine ranging
from P200 to
P6,000, or both

1.

2.
3.
4.

5.

criminal liability
Article 184 applies when the offender does
not induce a witness to testify falsely
Crime is consummated by mere solicitation
Other artifice includes the use of trickery
An attempt to cause prospective bidders to
stay away from an auction by means of
threats, gifts, etc, with the intent that the
thing auctioned should command a lesser
price, is sufficient to constitute an offense
The threat need not be effective nor the
offer or gift accepted for the crime to arise
Reason for the Provision: execution sales
should be opened to free and full
competition in order to secure the maximum
benefit for the debtors

The theory in penalizing monopolies and


combinations in restraint of trade is that
competition, not combination, should be the
law of trade
Any property possessed under any contract
or combination contemplated in this article,
shall be forfeited to the Government
The law intends to punish the mere
conspiracy or combination at which it is
aimed
If the offense affects any food substance,
motor fuel or lubricants or other article of
prime necessity, it is sufficient
for the
imposition of the higher penalty that the
initial steps have been taken toward carrying
out the purposes of combination
When the offense is committed by a
corporation or association, the president and
directors or managers are liable as principals
thereof; But the president and directors or
managers are only liable if they:
a. knowingly permitted, or
Page 27 of 75

Criminal Law II Reviewer


c.

187
Importation
and
Disposition of
Falsely
Marked
Articles
188
Substituting
and Altering
Trademarks,
Trade
names, or
Service
marks

Purpose to make transactions prejudicial to lawful


commerce, or to increase the market price of any
merchandise or object of commerce manufactured,
produced, processed, assembled or imported into the
Philippines
1. That the offender imports, sells, or disposes of any of
those articles or merchandise
2. The stamps, brands, or marks of those articles of
merchandise fail to indicate the actual fineness or quality
of said metals or alloys
3. The offender knows that stamps, brands, or marks fail to
indicate the actual fineness or quality of the metals or
alloys
Acts Punishable:
1. By substituting the trade name or trademark of some
other manufacturer or dealer, or a colorable imitation
thereof, for the trade name or trademark of the real
manufacturer or dealer upon any article of commerce and
selling the same
2. By selling or by offering for sale such articles of
commerce, knowing that the trade name or trademark has
been fraudulently used
3. By using or substituting the service mark or some other
person, or a colorable imitation of such mark, in the sale
or advertising of his services
4. By printing, lithographing, or reproducing trade name,
trademark, or service mark of one person, or a colorable
imitation thereof, to enable another person to fraudulently
use the same, knowing the fraudulent purpose for which it
is to be used

Vena V. Verga

Trade Name name or designation identifying or


distinguishing an enterprise
Trade Name Distinguished from Trademark
1. Trade name is used in trade to designate a particular
business of certain individuals considered as an entity;
trademark is used to indicate the origin or ownership of
the goods to which it is affixed
2. Trade name, unlike trademarks, are not necessarily
attached or affixed to the goods of the owner

/vvverga Second Semester, AY 2004-2005


Criminal Law II Reviewer

b.

PC or a fine
ranging from
P200 to P1,000

1.
2.
3.

PC in minimum
or a fine ranging
from P500 to
P2,000 or both

1.

2.
3.

4.
5.

6.
7.
8.

9.

failed to prevent the commission of such


offense

Articles of merchandise involved: gold, silver,


other precious metals, or their alloys.
Selling the misbranded articles is not
necessary
Article 187 does not apply to manufacturer
of misbranded articles made of gold, silver,
etc.
The trade name, etc. used by the offender
need not be identical with the infringed trade
name, etc of the offended party; a colorable
imitation is sufficient
There must not be differences which are
glaring and striking to the eye
Mark any visible sign capable of
distinguishing the foods (trademark) or
service (service mark) of an enterprise and
shall include a stamped or marked container
The trademarks function is to indicate the
origin or ownership of the goods to which it
is fixed
The objects of trademark are to point out
distinctly the origin or ownership of the
article to which it is affixed, to secure to
him, who has been instrumental in brining
into
market
a
superior
article
of
merchandise, the fruit of his industry and
skill, and to prevent fraud and imposition
It is not necessary that the goods of the
prior user and the late user of the trademark
are of the same categories
The trade name or trademark must be
registered
Trademark must not be merely descriptive or
generic
The exclusive right to an originally valid
trademark or trade name is lost, if for some
reason it loses its distinctiveness or has
Page 28 of 75

Criminal Law II Reviewer

189
Unfair
Competition,
Fraudulent
Registration
of Trade
Name,
trademark, or
service mark,
Fraudulent
designation
of Origin, and
False
Description

Acts Punished:
1. By selling his goods, giving them the general appearance
of the goods of another manufacturer or dealer (Unfair
Competition)
a. That the offender gives his goods the general
appearance of the goods of another manufacturer or
dealer
b. That the general appearance is shown in the (a) goods
themselves, or in the (b) wrapping of their packages,
or in the (c) device or words therein, or (d) any other
feature of their appearance
c. That the offender offers to sell(s) those goods or gives
other persons a chance or opportunity to do the same
with a like purpose
d. That there is actual intent to deceive public or defraud
a competitor
2. By (a) affixing to his goods or using in connection with his
services a false designation of origin, or any false
description or representation, and (b) by selling such
goods and services
3. By procuring fraudulently from the patent office the
registration of trade name, trademark, or service mark

Vena V. Verga

Penalty provided
for in the next
preceding article

1.
2.
3.

4.

5.
6.

Smuggling or Illegal Importation:


requisites:
1. that the merchandise must have been fraudulently or
knowingly imported contrary to law
2. that the defendant, if he is not the importer himself, must
have received, concealed, bought, sold or in any manner
facilitated the transportation, concealment or sale of the
merchandise
3. that the defendant must be shown to have knowledge that
the merchandise had been illegally imported

7.
/vvverga Second Semester, AY 2004-2005
Criminal Law II Reviewer

become publici juris


Mere
offer
for
sale
completes
the
commission of the crime
Evidence of actual fraudulent intent is not
necessary
The basis for penalizing unfair competition is
that no one shall, by imitating or any unfair
device, induce the public to believe that the
goods he offers for sale are the goods of
another, and thereby appropriate to himself
the value of the reputation which the other
has
acquired
for
the
products
or
merchandise manufactured or sold by him
The true test of unfair competition is
whether certain goods have clothed with an
appearance which is likely to deceive
ordinary purchaser exercising ordinary care,
and not whether a certain limited class of
purchaser with special knowledge not
possessed by the ordinary purchaser could
avoid mistake by the exercise of this special
knowledge
Master is liable for acts of servant
Infringement of Trademark or Tradename
distinguished from Unfair Competition
a. UC is broader and more inclusive
b. In UC, the offended party has identified
in the mind of the public the goods he
manufactures or deals in from those of
others; while in infringement, the
offended party has identified a peculiar
symbol/mark with his goods and thereby
has acquired a property right in such
symbol/mark
c. In UC, the offender gives his goods the
general appearance of the goods of
another manufacturer / dealer and sells
the same; while in infringement, the
offender
uses
the
trademark
or
tradename of another manufacturer or
dealer and sells his goods on which the
trademark is affixed
The use of duly stamped or marked
Page 29 of 75

Criminal Law II Reviewer

Vena V. Verga
containers is regulated

190 194
195 199

Repealed by Dangerous Drugs Act of 1972


Amended by PD 1602 Prescribing Stiffer Penalties in Illegal
Gambling
196
Acts Punished:
Importation, 1. By importing into the Philippines from any foreign place or
sale and
port any lottery ticket or advertisement
Possession of 2. By selling or distributing the name in connivance with the
Lottery
importer
Tickets or
3. By possessing, knowingly and with intent to use, lottery
Ads
tickets or advertisements
4. By selling or distributing the same without connivance with
the importer

197
198
Illegal
Betting on
Horse Races

Repealed by PD 483 Betting, Game-Fixing or Point-Shaving


and Machinations in Sport Contests
Acts Punishable:
1. By betting on horse races during the periods NOT allowed
by law

A Mayor in
maximum to PC
in minimum or a
fine ranging from
P200 to P2,000,
or both
importation or
selling and
distributing
A Menor or fine
not exceeding
P2,000 or both
possessing

1.

A Menor or fine
not exceeding
P200, or both

1.

2.
3.
4.

2.
4.

By maintaining or employing a totalizer or other device or


scheme for betting on races or realizing profit therefrom,
during the periods not allowed by law

A Mayor or a fine
from P200 to
P2,000, or both

3.
Amended by PD 449 Cockfighting Law of 1974
Persons Liable:
1. Any person who directly or indirectly participates in
cockfighting, by betting money or other valuable things, or
who organizes cockfights at which bets are made, on a
day other than those permitted by law
2. Any person who directly or indirectly participates in
cockfights, by betting money or other valuable things, or
organizes such cockfights, at a place other than a licensed
cockpit

/vvverga Second Semester, AY 2004-2005


Criminal Law II Reviewer

A Menor or a fine
not exceeding
P200 or both

Totalizer machine for registering and


indicating the number and nature of bets
made on horse races
Horse Races Prohibited on:
a. July 4th of every year

b.
2.

199
Illegal
Cockfighting

The possession of any lottery ticket or


advertisement is prima facie evidence of an
intent to sell, distribute or use of the same
If the defendant can establish that he did not
know of the existence of the lottery ticket,
the presumption is destroyed
It is not necessary that the lottery tickets be
genuine, as it is enough that they be given
the appearance of lottery tickets
If the lottery tickets are counterfeit, they
cannot give rise to the evil sought to be
eradicated

1.
2.

December 30th of every year


c. Any registration or voting days
d. Holy Thursday and Good Friday
The race held on the same day and at the
same place is punishable as separate
offenses
There is no liability if there is no betting or
use of totalizer
Permitting gambling of any kind in cockpit is
punished under the same Decree
Spectators in a cockfight are not liable

Page 30 of 75

Criminal Law II Reviewer


200
Grave
Scandal

201
Immoral
Doctrines,
Obscene
Publications
and
Exhibitions,
and Indecent
Shows

202
Vagrants and
Prostitutes

1.
2.

Vena V. Verga

That the offender performs an act(s)


That such act(s) be highly scandalous as offending against
decency or good customs
3. That the highly scandalous conduct is not expressly falling
within any other article of this Code
4. That the act or acts complained of be committed in a
public place or within the public knowledge or view
Grave Scandal consists of acts which are offensive to
decency and good customs which, having been committed
publicly, have given rise to public scandal to persons who have
accidentally witnessed the same

A Mayor and
Public Censure

Publicity is essential

PM or a fine
ranging from
P6,000 to
P12,000 or both

Moral conformity with the generally accepted standards of


goodness or rightness in conduct or character
Obscene something offensive to chastity, decency, delicacy

2.

3.
4.

Those Liable:
1. Those who shall publicly expound or proclaim doctrines
openly contrary to public morals
2. Authors of obscene literature, published with their
knowledge in any form, the editors publishing such
literature; and the owners/operators of the establishment
selling the same
3. Thos who, in theaters, fairs, cinematographs, etc., exhibit
indecent or immoral plays, scenes, acts, etc. it being
understood that the obscene literature or indecent or
immoral lays, etc. whether in live or in file, which are
proscribed by virtue hereof
4. Those who shall sell, give away, or exhibit films, prints,
engravings, sculptors, etc. which are offensive to morals
Vagrants:
1. Any person having no apparent means of subsistence, who
has physical ability to work and who neglects to apply
himself to some lawful calling
2. Any person found loitering about public or semi-public
buildings or places, or tramping or wandering about the
country or the streets without visible means of support
3. Any idle or dissolute person who lodges in houses of illfame; ruffians or pimps and those who habitually
associate with prostitutes

/vvverga Second Semester, AY 2004-2005


Criminal Law II Reviewer

1.

1.
2.
3.

4.
5.
6.
7.
8.
A Menor or a fine
not exceeding
P200

1.

In case of
recidivism, A
Mayor in medium
to PC in
minimum or a
fine from P200 to

3.

2.

4.
5.

Decency propriety of conduct; proper


observance of the requirements of modesty,
good taste, etc.
Customs

established
usage,
social
conventions carried on by tradition and
enforced by social disapproval of any
violation thereof
If the act(s) of the offender are punished
under another article of this code, Article
200 is not applicable
The acts must be performed in a public place
or within the public knowledge or view
The author of obscene literature is liable only
when it is published with his knowledge
In every case, the editor publishing is liable
The test of obscenity is whether the
tendency of the matter charged as obscene
is to deprave or corrupt those minds are
open to such immoral influences, an d into
who shads such a publication may fall and
also whether or not such publication or act
shocks the ordinary and common sense of
men as an indecency
Mere nudity in pictures or paintings is not an
obscenity
Give Away should be read as distribute
Pictures with slight degree of obscenity not
used for arts sake but for commercial
purposes, fall under this Article
The object of the law is to protect the morals
of the public
Disposition of articles to be forfeited in
favor of the government
Only par. 1 and 2 requires absence of visible
means of support
Mendicancy and abetting mendicancy are
punished
Giving of alms thru organized agencies
operation under the rules and regulations of
the Ministry of Public Information is not a
violation of the Mendicancy Law
Dissolute lax, unrestrained, immoral
Ruffians brutal, violent, lawless persons
Page 31 of 75

Criminal Law II Reviewer


4.

Any person who, not being included in the provision of


other articles of this Code, shall be found loitering in any
inhabited or uninhabited place belonging to another
without any lawful or justifiable purpose
Prostitute a woman who, for money or profit, habitually
indulge in sexual intercourse or lascivious conduct

203
Who are
Public
Officers

204
Knowingly
Rendering
Unjust
Judgment

1.

2.

1.
2.
3.
4.

Taking part in the performance of public functions in the


Government, or performing in said Government or in any
of its branches public duties as an employee, agent or
subordinate official, of any rank or class; and
That his authority to take part in the performance of public
functions or to perform public duties must be:
a. by direct provision of the law, or
b. by popular election
c. by appointment by competent authority
That the offender is a judge;
That he renders a judgment in a case submitted to him
for decision
That the judgment is unjust
That the judge knows that his judgment is unjust

Misfeasance
improper performance of some act which might
lawfully be done

Vena V. Verga
P2,000 or both

6.
7.

1.
2.

PM and Perpetual
Absolute
Disqualification
(PAD)

1.

2.
3.
4.

Malfeasance
performance of an act which ought NOT to be done
Nonfeasance
omission of some act which ought to be performed

/vvverga Second Semester, AY 2004-2005


Criminal Law II Reviewer

5.
6.

Pimp one who provides gratification for the


lust of others
Sexual
intercourse
is
not
absolutely
necessary

The term public officers embraces every


public servant from the highest to the
lowest
Temporary performance of public functions
by a laborer makes him a public officer

Judgment

final
consideration
and
determination of a court of competent
jurisdiction upon the matters submitted to it,
in an action or proceeding
Unjust Judgment one which is contrary to
law, or is not supported by the evidence, or
both
An unjust judgment is rendered knowingly,
when it is made deliberately and maliciously
Sources of Unjust Judgment:
a. Error no liability for error in good faith
b. Ill-will or Revenge
c. Bribery
There must be evidence that the judgment is
unjust it cannot be presumed
Judgment must be contrary to law and not
supported by evidence
Page 32 of 75

Criminal Law II Reviewer

205
Rendering
Judgment
Thru
Negligence

1.
2.

206
Rendering
Unjust
Interlocutory
Order

1.
2.

207
Malicious
Delay in the
Admin of
Justice
208
Dereliction of
Duty in
Prosecution
of Offenses

Vena V. Verga
7.

There must be evidence that the judge knew


that his judgment is unjust
A manifestly unjust judgment is one so
manifestly contrary to law, that even a
person having a meager knowledge of the
law cannot doubt the injustice
Abuse of discretion or mere error of
judgment, where there is not proof or even
allegation of bad faith, or ill motive, is not
punishable
Interlocutory Order issued by court
between commencement and end of a suit or
action and which decides some point/matter
but which, however, is not a final decision of
matter in issue
Test in Determining:
Does it leave
something to be done in the trial court with
respect to the merits of the case?
a. if it does it is interlocutory
b. if it doesnt it is final
Mere delay without is not a felony under this
article
Delay is Malicious the delay is cause by the
judge with deliberate intent to inflict damage
on either party in the case
Negligence under this article is not merely
lack of foresight or skill, but neglect of duties
of office by maliciously failing to move the
prosecution
and
punishment
of
the
delinquent
Malice is an important element
Officers of the Law includes all those of the
prosecution who, by reasons of the position
held by them, are duty-bound to cause the
prosecution (includes Chief of Police and
barrio lieutenant)
Maliciously signifies deliberate intent
Crime committed by the law-violator must
be proved first before the person charged
with dereliction can be made liable
RPC not applicable to revenue officers

That the offender is a judge;


that he renders a judgment in a case submitted to him for
decision
That he judgment is manifestly unjust
That it is due to his inexcusable negligence or ignorance

A Mayor and
Temporary
Special
Disqualification
(TSD)

1.

That the offender is a judge;


That he performs any of the following acts:
a. knowingly renders unjust interlocutory order or
decree; or
b. renders a manifestly unjust interlocutory order or
decree thru inexcusable negligence or ignorance

A Mayor in
minimum and
Suspension

1.

That
That
That
That

the offender is a judge


there is a proceeding in his court
he delays the administration of justice
the delay is malicious

PC in minimum

Acts Punishable:
1. By maliciously refraining from institution prosecution
against violators of the law
2. By maliciously tolerating the commission of offenses

PC in minimum
period and
suspension

3.
4.

1.
2.
3.
4.

Elements:
1. That the offender is a public officer or officer of the law
who has a duty to cause the prosecution of, or to
prosecute, offenses
2. That there is dereliction of the duties of his office; that is,
knowing the commission of the crime, he does not cause
the prosecution of the criminal or knowing that a crime is
about to be committed, he tolerates its commission

Suspension

2.

2.

1.
2.
1.

2.
3.

4.
5.
6.

/vvverga Second Semester, AY 2004-2005


Criminal Law II Reviewer

Page 33 of 75

Criminal Law II Reviewer

Vena V. Verga

209
Betrayal of
Trust by an
Attorney or
Solicitor

Acts Punished:
1. By causing damage to his client, either (a) by any
malicious breach of professional duty, (b) by inexcusable
negligence or ignorance
2. By revealing any of the secrets of his client learned by him
in his professional capacity
3. By undertaking the defense of the opposing party in the
same case, without the consent of his first client, after
having undertaken the defense of said first client or after
having received confidential information from said client

In addition to
proper
administrative
action, PC in
minimum or a
fine ranging
P200 P1,000

210
Direct
Bribery

Acts Punishable in Direct Bribery:


1. By agreeing to perform, or by performing, in consideration
of any offer, promise, gift or present and act constituting
a crime, in connection with the performance of his official
duties

PM in medium
and maximum
and fine of not
less than value
of gift and not
less than 3x
value of gift, in
addition to the
penalty
corresponding to
crime agreed
upon and Special
Temporary
Disqualification
(STD) if the
same crime
should have
been committed
and if the act
does not
constitute a
crime and officer
executed the act

2.

By accepting a gift in consideration of the execution of an


act which does not constitute a crime, in connection with
the performance of his official duty

3.

By agreeing to refrain, or by refraining, from doing


something which is his official duty to do, in consideration
of gift or promise

Elements:
1. That the offender be a public officer within scope of Article
203
2. That the offender accepts an offer or a promise or receives
a gift or present by himself or thru another
3. That such offer or promise be accepted, or gift or present
received by the public officer:
a. with a view to committing some crime; or
b. in consideration of the execution of an act which does
not constitute a crime, but the act must be unjust
c. to refrain from doing something which it is his official
duty to do
4. That the act which the offender agrees to perform or
which he executes be connected with the performance of
his official duties
Prevaricacion (Art. 208) Distinguished from Bribery:
1. Both are committed by refraining doing something which
/vvverga Second Semester, AY 2004-2005
Criminal Law II Reviewer

PC in medium
and fine of not
less than 2x
value of gift and
STD if act shall
not have been
accomplished

1.

2.
3.

Under first act, there must be DAMAGE to


his client
Under 2nd act, damage is NOT necessary

Under 3rd act, if the client consents to the


attorneys taking the defense of the other
party, there is no crime
4. Procurador Judicial a person who had some
practical knowledge of law and procedure,
but not a lawyer, and was permitted to
represent a party in a case before an inferior
court
First Element:
3. Temporary performance of public functions is
sufficient to constitute a person a public
officer
4. It is believed that it does not cover a private
individual because the additional penalty of
STD has no practical application
Second Element:
1. Gift may be received by public officer himself
or thru a 3rd person
2. Bribery exists:
a. when the gift is offered voluntarily by a
private person
b. when the gift is solicited by a public
officer and the private person voluntarily
delivers it to the public officer
c. when the gift is solicited by a public
officer, as the consideration for his
refraining from the performance of an
official duty and the private person
3. A promise of gift to a public officer who
accepts such promise is sufficient under 1 st
paragraph
4. In 2nd paragraph, the gift must be ACCEPTED
5. If the offer is not accepted, only the person
offering the gift is criminally liable
6. The gift must have a value or be capable of
pecuniary estimation
Page 34 of 75

Criminal Law II Reviewer

2.

211
Indirect
Bribery

1.
2.
3.

pertains to the official duty of the officer


In bribery, the offender refrained from doing his official
duty in consideration of a gift received or promised; while
in crime of prevaricacion this element is NOT necessary

That the offender is a public officer


That he accepts gifts
That the said gifts are offered to him by reason of his
office

Direct Bribery Distinguished from Indirect Bribery:


1. In both, the public officer receives a gift
2. In direct bribery, there is an agreement between the
public officer and the giver; in indirect bribery, usually, no
such agreement exists
3. In direct bribery, the offender agrees to perform or
performs an act or refrains from doing something, because
of the gift or promise; in indirect bribery, in is NOT
necessary that the officer should do any particular act or
even promise to do any act, as it is enough that he
accepts gifts offered to him by reason of his office
211-A
Qualified
Bribery

1.
2.
3.

Vena V. Verga

That the offender is a public officer or entrusted with law


enforcement
That the offender refrains from arresting or prosecuting an
offender who has committed a crime punishable by RP
and/or death
That the offender refrains from arresting or prosecuting
the offender in consideration of any promise, gift or
present

/vvverga Second Semester, AY 2004-2005


Criminal Law II Reviewer

A Mayor,
suspension in
minimum and
medium and
public censure
No attempted or
frustrated
indirect bribery

Third Element:
1. The act which the public officer agrees to
perform must be connected with the
performance of official duties
2. It is not bribery if the act is in discharge of a
mere moral duty
3. The fact that the act agreed to be performed
is in excess of his power, jurisdiction, or
authority is no defense, EXCEPT: if act is so
foreign to duties of office as to lack even
color of authority
4. In bribery, the gift or present must be given
to the public officer to corrupt him
1. The gift is usually given to the public officer
in anticipation of future favor from the public
officer
2. There must be a clear intention on the part
of the public officer to take the gift so
offered and consider the same as his own
property
3. Mere physical receipt unaccompanied by any
other sign, circumstance or act to show such
acceptance is NOT sufficient to lead the court
to conclude that the crime of indirect bribery
has been committed
4. People vs. Pamplona (pg. 361) considered
indirect bribery even if there was a sort of
agreement between public officer and giver;
reason: the act executed by the accused
was NOT unjust, therefore it cannot be direct
bribery

Penalty for
offense which
was not
prosecuted
first paragraph
Penalty of death
if it is the
public officer
who asks or
demands such
gift or present
Page 35 of 75

Criminal Law II Reviewer


212
Corruption of
Public
Officials
213
Frauds
Against the
Public
Treasury and
Similar
Offenses

1.

That the offender offers or promises or gives gifts or


presents to a public officer
2. That the offers or promises are made or the gifts or
presents given to a public officer, under circumstances that
will make the public officer liable for direct bribery or
indirect bribery
Acts Punishable as Frauds Against Public Treasury:
1. By entering into any agreement with any interested party
or speculator or making use of any other scheme, to
defraud the government, in dealing with any person with
regard to furnishing supplies, the making of contracts, or
the adjustment or settlement of accounts relating to
property or funds.
2. By demanding, directly or indirectly, the payment of sums
different form or larger than those authorized y law, in the
collection of taxes, licenses, fees, and other imposts.
3. By failing voluntarily to issue a receipt, as provided by law,
for any sum of money collected by him officially, in the
collection of taxes, licenses, fees, and other imposts
4. By collecting or receiving, directly or indirectly, by way of
payment or otherwise, things or objects of a nature
different from that provided by law, in the collection of
taxes, licenses, fees, and other imposts

Vena V. Verga
Same penalties
imposed upon
officer corrupted
except
disqualification
and suspension
PC medium to
PM minimum, or
a fine ranging
from P200 to
P10,000, or both
Provisions of
Administrative
Code when
culprit is an
officer or
employee of BIR
or BOC

Elements of Frauds against Public Treasury:


1. That the offender be public officer
2. That he should have taken advantage of his office, that is,
he intervened in the transaction in his official capacity
3. That he entered into an agreement with any interested
party or speculator or made use of any other scheme with
regard to furnishing supplies, the making of contracts, or
the adjustment or settlement of accounts relating to public
property or funds
4. That the accused had intent to defraud the government

214
Other Frauds

Elements of Illegal Exaction:


1. The offender is a public officer entrusted with the
collection of taxes, licenses, fees and other imposts
2. He is guilty of acts 2, 3 and 4 (above in Acts Punishable as
Frauds Against Public Treasury)
Elements of the Crime:
1. That the offender is a public officer
2. That he takes advantage of his official position

/vvverga Second Semester, AY 2004-2005


Criminal Law II Reviewer

In addition to the
penalties
prescribed in the

1.
2.

Offender in this article is the giver or offeror


The public officer sought to be bribed, is not
criminally liable, unless he accepts the gift or
consents
3. Bribery is usually proved by evidence
acquired in entrapment
1. Public officer must act in his official capacity
the public officer must have the duty to
deal with any person with regard to
furnishing supplies, etc.
2. The crime of frauds against public treasury is
consummated by merely entering into an
agreement with any interested party or
speculator or by merely making use of any
other scheme to defraud the government
3. It is not necessary that the government is
actually defrauded by reason of the
transaction.
4. It is sufficient that the government is
actually defrauded by reason of the
transaction.
5. Mere demand for larger or different amount
is sufficient to consummate the crime
6. Collecting officer must issue official receipts
to be guilty of illegal exactions
7. When there is DECEIT in demanding greater
fees than those prescribed by law, the crime
committed is estafa and not illegal exaction.
8. Tax collector need not account for tax
collected
9. If a tax collector collected a sum larger than
that authorized by law and spent all of them
is guilty of 2 crimes;
a. Illegal exaction, for demanding a greater
amount
b. Malversation, for misappropriating the
amount extracted
10. Officer or employee of BIR or BOC not
covered by this article
1.
2.

The public officer must take advantage of his


official position
Frauds and Deceits Enumerated in Chapter
Page 36 of 75

Criminal Law II Reviewer


3.

215
Prohibited
Transactions

1.
2.
3.
4.

That he commits any of the frauds or deceits enumerated


in Articles 315 to 318

That the offender is an appointive public officer


That he becomes interested, directly or indirectly, in any
transaction of exchange or speculation
That the transaction takes place within the territory
subject to his jurisdiction
That he becomes interested in the transaction during his
incumbency

Vena V. Verga
provisions of
Chapter 6, Title
10, Book 2 of
this Code, the
penalty of TSD in
maximum to PSD

PC minimum or a
fine ranging from
P200 to P1,000,
or both

217
Malversation
of Public
Funds or
Property
Presumption
of
Malversation

People Liable for Possession of Prohibited Interest:


1. Public officer who, directly or indirectly, became interested
in any contract or business in which it was his official duty
to intervene.
2. Experts, arbitrators, and private accountants who, in like
manner, took part in any contract or transaction connected
with the estate or property in the appraisal, distribution or
adjudication of which they had acted
3. Guardians and executors with respect to the property
belonging to their wards or estate
Embezzlement also called malversation
Acts Punishable in Malversation:
1. By appropriating public funds or property
includes every attempt to dispose of the same without
right
2. By taking or misappropriating the same
the funds or property taken need not be
misappropriated for it to be consummated
3. By consenting, or thru abandonment or negligence,
permitting any other person to take such public funds or

/vvverga Second Semester, AY 2004-2005


Criminal Law II Reviewer

1.
2.
3.

Example of Appointive Public Officer:


- justices, judges or fiscals, employees engaged in the
collection and administration of public funds
216
Possession of
Prohibited
Interest by a
Public Officer

3.

4.
5.
A Mayor medium
period to PC
minimum period,
or a fine ranging
from P200 to
P1,000, or both

1.
2.

PC in medium
and maximum
if amount does
not exceed P200

1.

PM minimum and
medium if
amount is more
than P200 by not
exceeding
P6,000

3.

3.

2.

4.

6, Title 10, Book 2 of this Code:


a. Estafa
b. Other Forms of Swindling
c. Swindling a Minor
d. Other Deceits
The RTC, and not the MTC, has jurisdiction
when this article is involved, regardless of
amount or penalty involved because the MTC
has not jurisdiction to impose the penalty of
disqualification
The transaction must be one of exchange or
speculation
It is sufficient that the appointive officer has
an interest in any transaction of exchange or
speculation
Purchasing of stocks or shares in a company
is simply an investment and is not a violation
of the article
Buying regularly securities for resale is
speculation
Appointive officer should not devote himself
to commerce
Actual fraud is not necessary
Intervention must be by virtue of public
office held
An officer who intervenes in contract or
transaction which has no connection with his
office CANNOT commit the crime defined in
Article 218

The offender in malversation under this


article must be a public officer defined in
Article 203
Nature of the duties of the public officer, not
name of office, is controlling
Funds or property must be received in
official capacity
When a public officer had no authority to
receive the money for the government and
upon receipt if the same he misappropriated
it, the crime committed is estafa
Page 37 of 75

Criminal Law II Reviewer

4.

property
negligence must be positive and clearly shown to be
inexcusable, approximating malice or fraud
By being otherwise guilty of the misappropriation or
malversation of such funds or property

Elements Common to All Acts of Malversation:


1. That the offender be a public officer
2. That he had the custody or control of funds or property by
reason of the duties of his office
3. That those funds or property were public funds or property
for which he was accountable
4. That he appropriated, took, misappropriated or consented
or, thru abandonment or negligence, permitted another
person to take them
To be guilty of Malversation, Public officer must have:
1. The official custody of public funds or property or the duty
to collect or receive funds due the government, and
2. The obligation to account for them to the government

Vena V. Verga

PM maximum to
RT minimum, if
amount more
than P6,000 but
less than
P12,000
RT medium and
maximum, if
amount more
than P12,000 but
less than
P22,000
RT maximum to
RP if amount
exceeds P22,000

5.

6.
7.
8.
9.
10.
11.
12.

13.
14.
15.
16.
17.
18.
19.

/vvverga Second Semester, AY 2004-2005


Criminal Law II Reviewer

A public officer having only a qualified


charge of government property without
authority to part with physical possession of
it unless upon order from his immediate
superior, cannot be held liable for
malversation (Webster and Wickersham
rulings)
Webster and Wickersham cases not
applicable when the accused had authority to
receive money pertaining to the government
A private person conspiring with an
accountable public officer in committing
malversation is also guilty of malversation
Government funds include revenue funds
and trust funds
Private property may be involved in
malversation
The measure of negligence is the standard of
care commensurate with the occasion
In malversation not committed thru
negligence, lack of criminal intent or good
faith is a defense
Presumption from failure to have duly
forthcoming public funds or property upon
demand: Prima Facie evidence that he has
put such to personal use
Presumption may be rebutted
The return of the funds is only mitigation,
not exempting circumstance
When a shortage is paid by the public officer
from his pocket, he is not liable for
malversation
Borrowing money to replace funds
malversation
Borrowing money to replace funds when
missing amount is found in some
unaccustomed place, he is NOT liable
Previous demand is not necessary in
malversation in spite of last paragraph of
Article 217
A person whose negligence made possible
the commission of malversation by another
can be held liable as principle by
Page 38 of 75

Criminal Law II Reviewer

218
Failure of
Accountable
Officer to
Render
Accounts

1.

219
Failure to
Render
Accounts
before
Leaving the
Country

1.
2.

220
Illegal Use of
Public Funds
or Property

1.
2.

2.
3.
4.

3.

3.
4.

Vena V. Verga

That the offender is a public officer, whether in the service


or separated therefrom
That he must be an accountable officer for public funds or
property
That he is required by law or regulation to render accounts
to the COA, or to a provincial auditor
That he fails to do so for a period of two months after such
accounts should be rendered
That the offender is a public officer
That he must be an accountable officer for public funds or
property
That he must have unlawfully left (or be on the point of
leaving) the Philippines without securing from COA a
certificate showing that his accounts have been finally
settled

PC in minimum,
or fine ranging
from P200 to
P6,000, or both

A Mayor or fine
ranging from
P200 to P1,000,
or both

The act of leaving the country must be


unauthorized or not permitted by law

That the offender is a public officer


That there is public fund or property under his
administration
That such public fund or property has been appropriated
by law or ordinance
That he applies the same to a public use other than that
for which such fund or property has been appropriated by
law or ordinance

PC minimum or a
fine ranging from
to total value
of sum
misapplied, with
TSD if damage
or
embarrassment
resulted

1.

Fine from 5-50%


of sum
misapplied if
no damage or
embarrassment
resulted
221
Failure to
Make
Delivery of

indispensable cooperation in complex crime


of malversation thru falsification of a public
document by reckless negligence
20. Damage to the government is NOT
necessary
1. Demand for accounting is not necessary
2. Reason why Mere Failure to Render Account
is Punishable: performance of the duty
3. Misappropriation is not necessary in order to
be liable under this article

Acts Punishable:
1. By failing to make payment by public officer who is under
obligation to make such payment from Government funds
in his possession

/vvverga Second Semester, AY 2004-2005


Criminal Law II Reviewer

A Mayor and fine


from 5-25% of
sum he failed to
pay

The public finds or property must be


appropriated by law or ordinance for a
particular purpose
2. Illegal Use of Public Funds or Property
Distinguished from Malversation under
Article 217:
a. Both crimes offenders are accountable
public officers
b. Illegal Use of Public Funds/Property
offender does not derive any personal
gain or profit; Malversation offender in
certain cases profits from proceeds of
crime
c. Illegal Use public fund/property is
applied to another public use;
Malversation public fund or property is
applied to personal use and benefit of
offender or of another person
Refusal to make delivery of property must be
MALICIOUS.

Page 39 of 75

Criminal Law II Reviewer


Public Funds
or Property

222
Officers
Included in
the Preceding
Provisions

223
Conniving
with or
Consenting to
Evasion

224
Evasion
Through
Negligence

2.

By refusing to make delivery by a public officer who had


been ordered by competent authority to deliver any
property in his custody or under his administration

Elements of Failure to Make Payment:


1. That the public officer has government funds in his
possession
2. That he is under obligation to make payment from such
funds
3. That he fails to make the payment maliciously
Private Individuals Who May be Liable from Arts. 217221:
1. Private individuals who, in any capacity whatever, have
charge of any national, provincial or municipal funds,
revenue, or property
2. Administrator or depository of funds or property, attached,
seized or deposited by pubic authority, even if such
property belongs to a private individual
1.
2.

That the offender is a public officer


That he had in his custody or charge, a prisoner, either
detention prisoner or prisoner by final judgment
3. That such prisoner escaped from his custody
4. That he was in connivance with the prisoner in the latters
escape
Classes of Prisoners Involved:
1. Fugitive sentenced by final judgment to any penalty
2. Fugitive held only as detention prisoner for any crime or
violation of law or municipal ordinance

1.
2.
3.

That the offender is a public officer


That he is charged with the conveyance or custody of a
prisoner, either detention prisoner or prisoner by final
judgment
That such prisoner escapes thru his negligence

Liability of Escaping Prisoner:


1. Convict by reason of final judgment Article 157
2. Detention Prisoner no liability
/vvverga Second Semester, AY 2004-2005
Criminal Law II Reviewer

Vena V. Verga

Under 2nd
paragraph, Fine
shall be
graduated by
value to thing,
provided that it
shall not be less
than P50
Provisions of this
chapter shall
apply

1.
2.
3.
4.

PC medium and
maximum and
TSD maximum to
PSD sentenced
by final
judgment to any
penalty
PC minimum and
TSD fugitive
not finally
convicted but
only held as
detention
prisoner
A Mayor
maximum to PC
minimum and
TSD

1.
2.
3.

4.
5.
1.
2.

3.

Purpose: to extend the provision of this


Code on malversation to private individuals
Sheriffs and receivers fall under the term
administrator
Judicial administrator is not covered by this
article
Private property is included, provided it is
attached, seized, or deposited with public
authority
Connivance with the prisoner in his escape is
an indispensable element
Detention Prisoner person in legal custody,
arrested for, and charged with, some crime
or public offense
Release of detention prisoner who could not
be delivered to the judicial authority within
the time fixed by law, is not infidelity in the
custody of the prisoner
Leniency or laxity is not infidelity (e.g.
prisoner allowed to eat in restaurant near
municipal building)
Relaxation of Imprisonment is considered
infidelity
The prisoner is either a convict by a final
judgment or detention prisoner
What is punished invasion thru negligence is
such a definite laxity as all but amounts to
deliberate non-performance of duty on the
part of the guard (e.g. falling asleep, lack of
adequate precautions)
The fact that public officer recaptured the
prisoner does not afford complete
exculpation
Page 40 of 75

Criminal Law II Reviewer


225
Escape of
Prisoner
under the
Custody of a
Person not a
Public Officer
226
Removal,
Conceal-ment
or
Destruction
of Documents

1.
2.
3.
4.
1.
2.
3.
4.

That the offender is a private person


That the conveyance or custody of a prisoner or person
under arrest is confided to him
That the prisoner or person under arrest escapes
That the offender consents to the escape of the prisoner or
person under arrest, or that the escape takes place thru
his negligence
That the offender be a public officer
That he abstracts, destroys or conceals documents or
papers
That the said documents or papers should have been
entrusted to such public officer by means of his office
That damage, whether serious or not, to a third party or
to the public interest should have been caused

Acts Punishable in Infidelity in Custody of Documents:


1. Removing
2. Destroying
3. Concealing, documents or papers officially entrusted in the
offending public officer

Vena V. Verga
Penalty next
lower in degree
than that
prescribed for
the public officer

This article does not apply if a private person


was the one who made the arrest and consented
to the escape of the person he arrested

PM and fine not


exceeding
P1,000 serious
damage

3.

PC minimum and
medium and fine
not exceeding
P1,000
damage not
serious

5.

228
Opening of

4.
1.
2.

That the offender is a public officer


That he is charged with the custody of papers or property
That these papers or property are sealed by proper
authority
That he breaks the seals or permits them to be broken
That offender is a public officer
That any closed papers, documents, or objects are

/vvverga Second Semester, AY 2004-2005


Criminal Law II Reviewer

7.

9.
10.

11.

Document written instrument by which something is proved


or made of record

1.
2.
3.

6.

8.

Infidelity in Custody of Document distinguished from


Malversation and Falsification
1. Malversation and Falsification when postmaster received
money orders, signed as payee, collected and
appropriated the respective amounts
2. Infidelity in Custody of Papers when postmaster receives
letters/envelopes containing money orders, and MO are
not sent to addressees, the postmaster cashing the same
for his own benefit

227
Officer
Breaking Seal

4.

12.

PC minimum and
medium, TSD
and fine not
exceeding
P2,000
A Mayor, TSD
and fine not

13.
1.
2.
1.
2.

Public officer must be officially entrusted


with the documents or papers
The document must be COMPLETE and one
by which a right could be established or an
obligation could be extinguished
Books, periodicals, pamphlets, etc. are not
documents
Papers includes checks, promissory notes,
and paper money
Post office official who retained the mail
without forwarding to their destination is
guilty under this article.
Money bills received as exhibits in court are
papers
The removal must be for an illicit purpose
The removal is for an illicit purpose when
intention is to
a. tamper with it, or
b. to profit by it; or
c. to commit an act constituting breach of
trust in official care thereof
Deemed consummated upon removal from
or secreting away from usual place in the
office and after offender had gone out and
locked the door
Infidelity in custody by destroying or
concealing it does not required proof of illicit
purpose
There must be damage, great or small
It is the breaking of the seals, not the
opening of a closed envelope, which is
punished
Damage or intent to cause damage is NOT
necessary
Custody guarding; keeping safe; care
Closed documents must be entrusted to the
Page 41 of 75

Criminal Law II Reviewer


Closed
Documents

3.
4.

entrusted to his custody


That he opens or permits to be opened said closed papers,
documents or objects
That he does not have proper authority

Vena V. Verga
exceeding
P2,000
3.
4.

229
Revelation of
Secrets by an
Officer

Elements of No. 1:
1. That the offender is a public officer
2. That he knows a secret by reason of his official capacity
3. That he reveals such secret without authority or justifiable
reasons
4. That damage, great or small, be cause to the public
interest
Elements of No. 2:
1. That the offender is a public officer
2. That he has charge of papers
3. That those papers should not be published
4. That he delivers those papers or copies thereof to a 3rd
person
5. That the delivery is wrongful
6. That damage be caused to public interest

230
Public Officer
Revealing
Secrets of
Private
Individual
231
Open Disobedience

Revelation Distinguished from Infidelity:


1. Papers contain Secrets revelation
2. Papers do not contain Secrets - Infidelity
1. That the offender is a public officer
2. That he knows of the secrets of a private individual by
reason of his office
3. That he reveals such secrets without authority or
justifiable reason

PC medium and
maximum, PSD,
and fine not
exceeding
P2,000 serious
damage

1.

PC minimum,
TSD, and fine
not exceeding
P500 not so
serious

2.
3.
4.

5.
6.

A Mayor and fine


not exceeding
P1,000

1.
2.
3.

1.
2.
3.
4.

That the offender is a judicial or executive officer


That there is a judgment, decision or order of a superior
authority
That such judgment, decision or order was made within
the scope of the jurisdiction of the superior authority and
issued with all legal formalities
That the offender without any legal justification openly
refuses to execute the said judgment, decision or order,
which he is duty bound to obey

/vvverga Second Semester, AY 2004-2005


Criminal Law II Reviewer

A Mayor medium
to PC minimum,
TSD maximum,
and fine not
exceeding
P1,000

custody of the accused by reason of his


office
The act should not fall under Article 227
(Breaking of Seal)
Damage or intent to cause damage NOT
element
Acts Punishable:
a. By revealing any secrets known to the
offending public officer by reason of his
official capacity
b. By delivering wrongfully papers or copies
of his papers which he may have charge
and which should NOT be published
Secrets must affect public interests
Espionage is not contemplated in this article
This article only punishes minor official
betrayals, infidelities of little consequence,
affecting usually the administration of
justice, executive or official duties, or the
general interest of the public order
Offender must have charge of papers or
copies of papers
Damage is an element under Article 229

Revelation to one person is sufficient, for


public revelation is not required.
When the offender is an attorney at law or a
solicitor, Article 209 is applicable and not
230
Damage to private individuals not necessary

The act constitution the crime is the open refusal


to execute judgment, decision or order

Page 42 of 75

Criminal Law II Reviewer


232
Disobedience
to Order of
Superior
Officer, When
Said Order
was
Suspended
by Inferior
Officer
233
Refusal of
Assistance

1.
2.
3.
4.
5.

1.
2.
3.

234
Refusal to
Discharge
Elective
Office

1.
2.
3.

Vena V. Verga

That the offender is a public officer


That an order is issued by his superior for execution
That he has for any reason suspended the execution of
such order
That his superior disapproves the suspension of the
execution of the order
That the offender disobeys his superior despite the
disapproval of the suspension

PC minimum and
medium and PSD

That the offender is a public officer


That a competent authority demands from the offender
that he land his cooperation towards the administration of
justice or other public service
That the offender fails to do so maliciously

A Mayor medium
to PC minimum,
PSD and fine not
exceeding
P1,000 serious
damage

That the offender is elected by popular election to public


office.
That he refuses to be sworn in or to discharge the duties
of said office
That there is no legal motive for such refusal to be sworn
in or to discharge the duties of said office

/vvverga Second Semester, AY 2004-2005


Criminal Law II Reviewer

1.
2.

A Mayor medium
and maximum,
fine not
exceeding P500
not so serious
damage
A Mayor or fine
not exceeding
P1,000 or both

1.
2.

1.
2.
3.

Reason for Provision: superior officer may


sometimes err, or orders may proceed from
a mistaken judgment
The article does not apply if the order of the
superior is illegal

Demand must be from a competent


authority
Damage to public interest is essential, great
or small

Refusal must be without legal motive


Reason for Provision: matter of duty to
discharge duties of said office
Article 234 NOT applicable to appointive
officer

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235
Maltreatment of
Prisoners

236
Anticipation
of Duties of
Public Office

237
Prolonging
Performance
of Duties and
Powers
238
Abandonmen
t of Office or
Position

1.
2.
3.

1.
2.
3.
4.
1.
2.
3.
1.
2.
3.
4.

That the offender is a public officer or employee


That he has under his charge a prisoner or detention
prisoner
That he maltreats such prisoner in either of the following
manners:
a. by overdoing himself in the correction or handling of a
prisoner or detention prisoner under his charge either

i.
by the imposition of punishments not
authorized by the regulations, or
ii.
by inflicting such punishments (those
authorized) in a cruel and humiliating manner
b. By maltreating such prisoner to extort a confession or
to obtain some information from the prisoner

That the offender is entitled to hold a public office or


employment, either by election or appointment
That the LAW requires that he should first be sworn in
and/or should first give a bond
He assumes performance of duties and powers of such
office
That he has not taken his oath and/or given bond required
That the offender is holding a public office
That the period provided by law, regulations or special
provisions for holding such office, has already expired
That he continues to exercise the duties and powers of
such office
That the offender is a public officer
That he formally resigns from his position
That his resignation has not yet been accepted
That he abandons his office to the detriment of the public
service

Qualifying Circumstance:
preventing, prosecuting or punishing any of the crimes
falling within Title One, and Chapter One of Title 3 of
Book 2 (Crimes against National Security and Law of
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Criminal Law II Reviewer

Vena V. Verga
PC medium
period to PM in
minimum, in
addition to
liability for
physical injuries
or damages
caused under
paragraph 1

1.

PM in minimum,
TSD and fine not
exceeding
P6,000, in
addition to
liability for
physical injuries
or damage
caused
Suspended until
complied with
formalities and
fine from P200P500

5.

PC minimum,
TSD minimum,
and fine not
exceeding P500

Public officer who has been suspended,


separated, declared overaged, or dismissed
cannot continue to perform the duties of his
office

A Mayor to
detriment of
public service

1.

PC minimum and
medium, and A
Mayor if to
evade duty of
preventing,
prosecuting or

2.
3.
4.

6.
7.

2.

The public officer must have actual charge of


the prisoner to hold him liable fro
maltreatment of prisoner
Offended party must be a convict or
detention prisoner
To be detention prisoner, the person arrested
must be placed in jail even for a short while
The maltreatment must relate to the
correction or handling of the prisoner, or
must be for the purpose of extorting a
confession or of obtaining some information
from the prisoner
If physical injuries were due to a personal
grudge, it would not fall under this article
Offender may also be liable for physical
injuries or damage caused
No complex crime of maltreatment with
serious or less serious physical injuries

There must be a written or formal


resignation
Abandonment Distinguished from Negligence
in Prosecution of Offenses (Article 208):
a. Abandonment committed by any public
officer; Article 208 committed by
public officers who have the duty to
institute prosecution for punishment of
violation of the law
b. Abandonment public officer abandons
Page 44 of 75

Criminal Law II Reviewer


Nations and Crimes against Public Order)
239
Usurpation of
Legislative
Powers
240
Usurpation of
Executive
Functions
241
Usurpation of
Judicial
Functions

1.
2.

242
Disobeying
Request for
Disqualificati
on

1.
2.
3.

243
Orders or
Requests by
Executive
Officer to any
Judicial
Authority
244
Unlawful
Appointment
s

1.
2.

245
Abuses
Against
Chastity

1.
2.

1.
2.
1.
2.

4.

3.

1.
2.
3.
4.

3.

Vena V. Verga
punishing

office to evade discharge of duties;


Article 208 public officer does not
abandon office

That the offender is a executive or judicial officer


That he makes general rules or regulations beyond the
scope of his authority, or attempts to repeal a law, or
suspends the execution thereof
That the offender is a judge
That he assumes a power pertaining to the executive
authorities, or obstructs the executive authorities in the
lawful exercise of their powers
That the offender is an officer of the executive branch of
the government
That he assumes judicial powers, or obstructs the
execution of any order or decision rendered by any judge
within his jurisdiction
That the offender is a public officer
That a proceeding is pending before such public officer
That there is a question brought before the proper
authority regarding his jurisdiction, which is not yet
decided
That he has been lawfully required to refrain from
continuing the proceeding
That the offender is an executive officer
That he addressed any order or suggestion to any judicial
authority
That the order or suggestion relates to any case or
business coming within the exclusive jurisdiction of the
courts of justice

PC minimum,
TSD, and fine
not exceeding
P1,000
A Mayor in
medium period
to PC in
minimum period
A Mayor medium
to PC minimum

A Mayor, and fine


note exceeding
P500

1.

That the offender is a public officer


That he nominates or appoints a person to a public office
That such person lacks the legal qualifications therefore
That the offender knows that his nominee or appointee
lacks the qualifications at the time he made the
nomination or appointment
That the offender is a public officer
That he solicits or makes immoral or indecent advances to
a woman
That such woman must be:
a. Interested in matters pending before the offender for
decision, or with respect to which he is required to
submit a report to or consult with a superior officer; or

A Mayor and a
fine not
exceeding
P1,000

1.

PC medium and
maximum and
TSD

1.

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Criminal Law II Reviewer

Legislative officers are not liable for usurpation


of powers only Article 177 (Usurpation of
authority or official functions)
Articles 239-241 punish interference by officers
of one of the 3 departments of government with
function of officers of another department

A Mayor and fine


not exceeding
P500

2.

2.
3.

2.
3.
4.

Purpose of the provision is to maintain the


independence of the judiciary
Legislative or judicial officers are not liable
under Article 243

The offense is committed by nominating or


by appointing.
Recommending is not a crime
There must be law that provides for the
qualifications or a person to be nominated or
appointed to a public office
Solicit propose earnestly and persistently
something unchaste and immoral to a
woman
The advances must be immoral or indecent
The crime is consummated by mere proposal
Proof of solicitation is not necessary when
there is sexual intercourse
Page 45 of 75

Criminal Law II Reviewer


b.

246
Parricide

1.
2.
3.

Under the custody of the offender who is a warden or


other public officer directly charged with the care and
custody of prisoners or persons under arrest; or
c. The wife, daughter, sister or relative within the same
degree by affinity of the person in the custody of the
offender
That a person is killed
That the deceased is killed by the accused
That the deceased is the father, mother, or child, whether
legitimate or illegitimate, or a legitimate other ascendant
or other descendent, or the legitimate spouse, of the
accused

Vena V. Verga

RP to Death

1.
2.
3.
4.
5.
6.

Note:
1. Other ascendants or descendants must be legitimate
2. Father, mother, or child may be legitimate or illegitimate

7.
8.
247
Death or
Physical
Injuries
Inflicted
Under
Exceptional
Circumstances

1.

2.

That a legally married person or a parent surprises his


spouse or his daughter, the latter under 18 years of age
and living with him, in the act of committing sexual
intercourse with another person
That he or she kills any or both, of them or inflicts upon
any or both of them any serious physical injury in the act
or immediately thereafter
That he has not promoted or facilitated the prostitution of
his wife or daughter, or that he or she had not consented
to the infidelity of the other spouse

* Note:
This article does
not define and
penalize a
penalty

Surprise to come upon suddenly and unexpectedly

Destierro if
accused killed or
inflicted serious
physical injuries
on spouse or
other person

Cases when Parricide is not punished with RP to Death:


1. Parricide committed through negligence (Article 365)
2. When it is committed by mistake (Article 249)
3. When it is committed under exceptional circumstances
(Article 247)

Exempt from
punishment if
inflicted physical
injuries of any
kind

* Note:
- Justification for this article: burst of passion

Destierro is
intended to
protect spouse
from reprisals by

3.

/vvverga Second Semester, AY 2004-2005


Criminal Law II Reviewer

1.
2.

3.
4.
5.
6.
7.
8.
9.

Relationship of the offender with the victim


is the essential element of this crime
Parents and children are not included in the
term ascendants or descendants
The child should not be less than 3 days old,
otherwise the crime is infanticide
Spouse must be legitimate
Relationship must be alleged
There is crime of parricide thru reckless
imprudence
There is also parricide by mistake
A stranger who cooperates in parricide will
not be guilty of parricide by only homicide or
murder
Required to be a legally married person
The article does not seem to require that the
parent be legitimate, it requires only that
she is under 18 and that she is living with
her parents
The article does not seem to apply to a
married daughter
Surprising the spouse or daughter in ACT of
sexual intercourse in indispensable
This article is not applicable when the
accused did not see his spouse in the act of
sexual intercourse with another person
It is enough however that the circumstances
show reasonably that the carnal act is being
committed or has just been committed
There is conflict of opinion on whether
sexual intercourse includes preparatory
acts
The killing or inflicting of injuries must be:
(a) in the act of sexual intercourse, or (2)
immediately thereafter
The discovery, the escape, the pursuit and
the killing must all form part of one
Page 46 of 75

Criminal Law II Reviewer

Vena V. Verga
relatives of
deceased spouse

248
Murder

1.
2.
3.
4.

249
Homicide

That a person was killed


That the accused killed him
That the killing was attended by any of the qualifying
circumstances mentioned in Article 248
The killing is not parricide or infanticide

Murder unlawful killing of any person which is NOT parricide


or infanticide, provided the following circumstances are
present:
1. With treachery, taking advantage of superior strength,
with the aid of armed men, or employing means to
weaken the defense, or of means or persons to insure or
afford impunity
2. In consideration of a price, reward or promise
3. By means of inundation, fire, poison, explosion, shipwreck,
stranding of vessel, derailment or assault upon a railroad,
fall of an airship, by means of motor vehicles, or with the
use of any other means involving great waste and ruin
4. On occasion of any of the calamities enumerated in the
preceding paragraph, or of an earthquake, eruption of a
volcano, destructive cyclone, great waste and ruin
5. With evident premeditation
6. With cruelty, by deliberately and inhumanly augmenting
the suffering of the victim, or outraging or scoffing at his
person or corpse
*Note: read discussion in Article 13 on Aggravating
Circumstances
1. That a person is killed
2. That the accused killed him without any justifying
circumstances

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Criminal Law II Reviewer

RP to Death

RT

continuous act
10. The killing must be the direct by-product of
the accuseds rage
11. The killing of the spouse by accused must be
by reason of having surprised her in the act
of sexual intercourse with another person
12. Article 247 applies only when spouse
surprises other spouse in flagrant adultery
13. No criminal liability if physical injuries are
less serious or slight
14. Accused cannot be held liable for injuries
sustained by 3rd persons as a result thereof,
since he was NOT committing a felony
1. The offender must have intent to kill to be
liable for murder committed by means of
fire, or other means enumerated in par. 3 of
Article 248
2. Killing a person with treachery is murder
even if there is no intent to kill
3. Rules for application of the circumstances
which qualify the killing to murder:
a. Murder will exist with only one of the
circumstances described in Article 248
b. When the other circumstances are
absorbed or included in one qualifying
circumstance, they cannot be considered
as generic aggravating
c. Any of the qualifying circumstances
enumerated in Article 248 must be
ALLEGED in the information
4. Treachery and premeditation are inherent in
murder by poison
5. When the intention of accused was merely to
sexually excite a woman, and not to kill her,
the crime is homicide
6. Outraging commit an extremely vicious or
deeply insulting act
7. Scoffing jeer, and implies a showing of
irreverence
1.

Penalty for homicide will be one degree


higher when the victim is under 12 years of
age
Page 47 of 75

Criminal Law II Reviewer


3.
4.

Vena V. Verga

That the accused had the intention to kill, which is


presumed
That the killing was not attended by any of the qualifying
circumstances of murder, or by that of parricide or
infanticide

2.
3.
4.

Homicide unlawful killing of any person, which is neither


parricide, murder nor infanticide

5.

Accidental Homicide death of a person brought about by a


lawful act performed with proper care and skill, and without
homicidal intent

6.
7.
8.

Corpus Delicti actual commission of the crime charged;


means that the crime was actually perpetrated, and does not
refer to the body of the murdered person
250
Penalty

9.
1.
2.

Frustrated Parricide, Murder or Homicide - Penalty lower


by one degree than that which should be imposed under
provisions of Article 50

3.

Attempted Parricide, Murder or Homicide Penalty lower


by one under provisions of Article 51
251
Death Caused
in
Tumultuous
Affray

1.
2.
3.
4.
5.
6.

That there be several persons


That they did not compose groups organized for the
common purpose of assaulting and attacking each other
reciprocally
That there several persons quarreled and assaulted one
another in a confused and tumultuous manner
That someone was killed in the course of the affray
That it cannot be ascertained who actually killed the
deceased
That the person or persons who inflicted serious physical
injuries or who used violence can be identified

Tumultuous Affray the disturbance is caused by more than


three persons who are armed or are provided with means of
violence

4.
PM in case of
death of victim,
though it cannot
be ascertained
who killed him, if
person who
inflicted serious
physical injuries
can be identified
PC in medium
and maximum
all those who
used violence
upon victim

1.
2.
3.

4.

Intent to kill is conclusively presumed when


death results
Evidence of intent to kill is important only in
attempted or frustrated homicide
Intent to kill must be proven beyond
reasonable doubt
That the death of the deceased was due to
his refusal to be operated on is NOT a
defense
The killing must not be justified
No offense of frustrated homicide thru
imprudence
Where the wounds that caused death were
inflicted by 2 different persons, even if they
were not in conspiracy, each of them is guilty
of homicide
This article is permissive, not mandatory
Court may impose penalty 2 degrees lower
for frustrated parricide, murder or homicide
Court may impose penalty 3 degrees lower
for attempted parricide, murder or homicide
An attempt against the life of the Chief
Executive, etc. is punishable by death
When there are two identified groups of men
who assaulted each other, then there is no
tumultuous affray
The person killed in the course of the affray
need not be one of the participants in the
affray
If the one who inflicted the fatal wound is
know, the crime is NOT homicide in
tumultuous affray but HOMICIDE under
Article 249 against the one who inflicted the
fatal wound
The serious physical injuries, if inflicted by
one of the participants, should not be the
cause of the death of the deceased

Persons Liable for Death in Tumultuous Affray:


1. Person(s) who inflicted the serious physical injuries
2. If it is not known who inflicted the serious physical injuries
/vvverga Second Semester, AY 2004-2005
Criminal Law II Reviewer

Page 48 of 75

Criminal Law II Reviewer

Vena V. Verga

on the deceased, all the persons who used violence upon


the person of the victim are liable, but with lesser liability
252
Physical
Injuries
Caused in
Tumultuous
Affray

253
Giving
Assistance to
Suicide

1.
2.
3.
4.

That there is a tumultuous affray as referred to in the


preceding article
That a participant(s) thereof suffer serious physical
injuries or physical injuries of a less serious nature only
That the person responsible therefore cannot be identified
That all those who appear to have used violence upon the
person of the offended party are known

Acts Punishable as Giving Assistance to Suicide:


1. By assisting another to commit suicide, whether the
suicide is consummated or not
2. By lending his assistance to another to commit suicide to
the extend of doing the killing himself

1st paragraph
Penalty next
lower in degree
than that
provided for the
physical injuries
so inflicted
2nd Paragraph
A Mayor from 5
to 15 days
PM any person
who shall assist
another to
commit suicide

1.
2.

3.
4.

1.
2.

RT lending
assistance to the
extent of doing
the killing
himself

3.

A Mayor medium
and maximum
if suicide is not
consummated

5.

4.

6.
7.

254
Discharge of
Firearms

1.
2.

That the offender discharges a firearm against or at


another person
That the offender has no intention to kill that person

/vvverga Second Semester, AY 2004-2005


Criminal Law II Reviewer

PC minimum and
medium any
person who shall
shoot at another
firearm unless
frustrated or
attempted
parricide, murder
or homicide, or
any other crime

1.
2.
3.
4.
5.

Victim must be one or some of the


participants in the affray
Only the one who used violence in liable
The 2nd paragraph seems to refer to less
serious physical injuries
It is believed that in providing the penalty of
Arresto Mayor for physical injuries of a less
serious nature in a tumultuous affray, the
legislature intended to EXCLUDE slight
physical injuries
This article does not distinguish and does not
make any reference to the relation of the
offender with the person committing suicide
A person who attempts to commit suicide is
not criminally liable
A pregnant woman who tried to commit
suicide by means of poison, but instead of
dying, the fetus in her womb was expelled is
NOT liable for abortion
Assistance to suicide is different from mercykilling
Euthanasia practice of painlessly putting
to death a person suffering from some
incurable disease
Euthanasia is not lending assistance to
suicide. In euthanasia, the person killed
does not want to die.
A doctor who resorts to mercy killing of his
patient may be liable for suicide
There must be no intention to kill
The purpose of offender is only to intimidate
or frighten the offended party
If the firearm is NOT discharged at a person,
there is no crime of discharge of firearm
Discharge towards the house of victim is not
illegal discharge of victim
Firing a gun against the house of the
offended party at random, not knowing in
what part of the house the people inside
Page 49 of 75

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Vena V. Verga
for which a
higher penalty is
prescribed by
articles of this
code

6.

7.
8.

255
Infanticide

1.
2.
3.

That a child was killed


That the deceased child was less than 3 days (72 hours) of
age
That the accused killed the said child

Infanticide killing of any child less than three days of age,


whether the killer is the parent or grandparent, any other
relative of the child, or a stranger

Penalty provided
for parricide (Art.
246) and Murder
(Art. 248)
PM medium and
maximum if
committed by
the mother of
child for
purposes of
concealing
dishonor
RT if crime
committed for
same purpose by
maternal
grandparents or
either of them

256
Intentional
Abortion

Ways of Committing Intentional Abortion:


1. By using any violence upon the person of the pregnant
woman
2. By acting, but without using violence, without the consent
of the woman (by administering drugs or beverages upon
such pregnant woman without her consent)
3. By acting (by administering drugs or beverages), with the
consent of the pregnant woman
Elements:

/vvverga Second Semester, AY 2004-2005


Criminal Law II Reviewer

RT if he shall
use any violence
upon the person
of the pregnant
woman
PM if, without
using violence,
he shall act
without the
consent of the

1.

2.
3.
4.
5.

6.
1.

2.

were, is only crime of Alarm


Complex crime of illegal discharge of firearm
with serious or less serious physical injuries
when in illegal discharge of firearm, the
offended party is hit and wounded
There is no complex crime when only slight
physical injuries (light felony) are inflicted
A public officer who fires his revolver in the
air in order to capture some gamblers and to
prevent them from escaping is NOT guilty of
this crime
The penalty is for parricide or murder, but
the name of the crime is always infanticide
a. Father or mother or legitimate ascendant
who kills child of less than 3 days old to
suffer penalty of parricide
b. Other persons who kills a child less than
3 days old to suffer the penalty for
murder
Concealing dishonor is not an element of
infanticide; it merely mitigates the liability of
mother or maternal grandparents
Reason for mitigating circumstance:
obfuscation for fear of dishonor
Delinquent mother who claim concealing
dishonor must be of good reputation
No crime of infanticide is committed where
the child was born dead, or although born
alive, it could not sustain an independent life
when it was killed
A fetus about 6 months old cannot subsist by
itself, outside the maternal womb
Persons Liable for Intentional Abortion
a. Person who intentionally caused abortion
under Article 256
b. Woman, if she consented under Art.
258
c. Woman, if she did not consent NOT
liable
Abortion distinguished from Infanticide
a. Infanticide if fetus can sustain an
independent life after its separation from
the maternal womb, and is killed
Page 50 of 75

Criminal Law II Reviewer


1.
2.
3.

257
Unintentional
Abortion

4.
1.
2.
3.
4.

That there is a pregnant woman


That violence is exerted, or drugs or beverages
administered, or that the accused otherwise acts upon
such pregnant woman
That as a result of the use of violence or drugs or
beverages upon her, or any other act of the accused, the
fetus dies, either in the womb or after having been
expelled therefrom
That the abortion is intended
That there is a pregnant woman
That violence is used upon such pregnant woman without
intending an abortion
That the violence is intentionally exerted
That as a result of the violence, the fetus dies, either in
the womb or after having been expelled therefrom

Vena V. Verga
woman

b.

PC medium and
maximum if
woman shall
have consented

PC minimum and
medium

1.
2.
3.
4.

* Note:
- Violence is actual physical force

5.
6.
7.

258
Abortion
Practiced by
the Woman
Herself or by
her Parents

259
Abortion
Practiced by
a Physician

1.
2.
3.

That there is a pregnant woman who has suffered an


abortion
That the abortion is intended
That the abortion is caused by:
a. the pregnant woman herself
b. any other person, with her consent
c. any of her parents, with her consent, for the purpose
of concealing her dishonor

Cases Covered by Article 258:


1. Abortion committed by woman upon herself or by any
other person with her consent
2. Abortion by the woman upon herself to conceal her
dishonor
3. Abortion by any of the parents of the woman with the
latters consent to conceal her dishonor
Elements for Physician or Midwife
1. That there is a pregnant woman who has suffered an
abortion
2. That the abortion is intended

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Criminal Law II Reviewer

Abortion otherwise

PC medium and
maximum
woman who
practices
abortion on
herself; parents
of woman or
either of them to
conceal dishonor

1.

2.
3.

PC minimum and
medium any
woman who does
it to conceal
dishonor
Penalties
provided for in
Article 256 in
maximum period

1.
2.

This crime is committed only by violence


The violence must be intentionally exerted
There is unintentional abortion thru
imprudence
There are conflicting decisions on whether
the accused is liable for abortion even if he
did not know that the woman was pregnant
There is a complex crime of homicide with
unintentional abortion
There is complex crime of parricide with
abortion
Article 257 does not apply when there is no
intent to cause abortion and there is no
violence
Woman is liable:
a. when she shall practice an abortion upon
herself
b. when she shall consent that any other
person should do so
Liability of pregnant woman is mitigated if
purpose is to conceal dishonor
No mitigation for parents of pregnant woman
even if the purpose is to conceal dishonor,
unlike in infanticide

Penalty for intentional abortion is imposed in


maximum period on physician or midwife
Reason for Maximum penalty: used
knowledge for destruction of human life,
Page 51 of 75

Criminal Law II Reviewer


or Midwife
and
Dispensing of
Abortives

3.
4.

That the offender, who must be a physician or midwife,


causes, or assists in causing, the abortion
That said physician or midwife takes advantage of his or
her scientific knowledge or skill

Elements for Pharmacists:


1. That the offender is a pharmacist
2. That there is no proper prescription from a physician
3. That the offender dispenses any abortive
260
Duel

Acts Punishable in Duel:


1. By killing ones adversary in duel
2. By inflicting upon such adversary physical injuries
3. By making a combat although no physical injuries have
been inflicted
Duel formal or regular combat previously concerted
between two parties in the presence of two or more seconds
of lawful age on each side, who makes the selection of arms
and fix all other conditions of the fight

261
Challenging
to Duel

Persons Liable in Duel:


1. The person who killed or inflicted physical injuries upon his
adversary, or both combatants in any other case, as
principles
2. The seconds, as accomplices
Acts Punished under this Article:
1. By challenging another to a duel
2. By inciting another to give or accept a challenge to a duel
3. By scoffing at or decrying another publicly for having
refused to accept a challenge to fight a duel

/vvverga Second Semester, AY 2004-2005


Criminal Law II Reviewer

Vena V. Verga
who takes
advantage of
scientific
knowledge or
skill
A Mayor and a
fine not
exceeding
P1,000
pharmacist
RT if he should
kill his adversary
Penalty provided
therefore,
according to
their nature in
case of physical
injuries
A Mayor
combatants,
although no
physical injuries
have been
inflicted
PC minimum

3.
4.

1.
2.
3.

where it should only be used for preservation


It is not necessary that the pharmacist
knows that the abortive would be used to
cause an abortion
What is punished is the act of dispensing
abortive; its not necessary that the abortive
be actually used

If death results, the penalty is the same as


that for homicide
General principle: when there is intent to
kill, the inflicting of physical injuries is either
attempted or frustrated homicide
The code disregards the intent to kill in
considering the penalty for duel when only
physical injuries are inflicted upon the
adversary

Persons Responsible Under this Article:


1. Challenger
2. Instigator

Page 52 of 75

Criminal Law II Reviewer


262
Mutilation

1.

2.

263
Serious
Physical
Injuries

By intentionally mutilating another by depriving him,


either totally or partially, of some essential organ for
reproduction
a. That there be castration (mutilation of organs
necessary for generation such as a penis or ovarium)
b. That the mutilation is caused purposely or deliberately,
that is, to deprive the offended party of some essential
organ for reproduction
By intentionally making other mutilation, that is, by
lopping or clipping off any part of the body of the offended
party, other than the essential organ for reproduction, to
deprive him of that part of his body.

Serious Physical Injuries:


1. When the injured person becomes insane, imbecile,
impotent or blind in consequence of the physical injuries
inflicted.
2. When the injured person (a) loses the use of speech or the
power to hear or to smell, or loses an eye, a hand, a foot,
an arm, or a leg, or (b) loses the use of any such member,
or (c) becomes incapacitated for the work in which we
were theretofore habitually engaged, in consequence of
the physical injuries inflicted.
3. When the person injured (a) becomes deformed, or (b)
loses any other member of his body, or (c) loses the use
thereof, or (d) becomes ill or incapacitated for the
performance of the work in which he was habitually
engaged for more than 90 days, in consequence of the
physical injuries inflicted.
4. When the injured person becomes ill or incapacitated for
labor for more than 30 days (but must not be more than
90 days), as a result of the physical injuries inflicted.
Classes of Serious physical injuries: (a) consequences of the
injuries inflicted, (b) nature and character of the wound
inflicted, and (c) the proper penalty
Physical Injuries Distinguished from Attempted or
Frustrated Homicide:
a. In both, the offender inflicts physical injuries, however
homicide may be committed, even if no physical
injuries are inflicted
b. There is no intent to kill in physical injuries

Vena V. Verga
RT to RP
essential organ
for reproduction
PM medium and
maximum
other mutilation

1.
2.
3.
4.
5.

PM under no. 1

1.

PC medium and
maximum
under no. 2

2.

PC minimum and
medium under
no. 3
A Mayor
maximum to PC
minimum
under no. 4

3.
4.

5.
6.
7.

8.
9.
10.
11.
12.
13.

/vvverga Second Semester, AY 2004-2005


Criminal Law II Reviewer

Mutilation of the first kind is castration which


must be made purposely.
The penalty shall be one degree higher than
that imposed by law when the victim is
under 12 years of age.
The offender must have the intention to
deprive the offended party of a part of his
body.
Mutilation lopping or clipping off of some
part of the body
Mayhem other intentional mutilation
Committed by wounding, beating, assaulting
or administering injurious substance
May be committed by reckless imprudence,
or by simple imprudence or negligence.
There must not be intent to kill
Blindness (Must be Complete) and Loss of an
Eye
a. Paragraph 1 must be both eyes
b. Paragraph 2 one eye only
Loss of Power to Hear
a. Paragraph 2 both ears
b. Paragraph 3 one ear only
Loss of hand or incapacity of usual work
must be permanent
Paragraph 2 refers to principal members of
the body, while Paragraph 3 covers any other
member which is not principal member of
body
Deformity requires (a) physical ugliness, (b)
permanent and definite abnormality, and (c)
conspicuous and visible.
Deformity by loss of teeth refers to injury
which cannot be repaired by action of nature
There is illness for a certain period of time,
when the wound inflicted did not heal within
that period
Medical attendance is not important in
serious physical injuries
In Par 2 and 3, offended party must have an
avocation or work at the time of the injury
Par 4 speaks of incapacity for any kind of
Page 53 of 75

Criminal Law II Reviewer

Vena V. Verga

Ordinary Physical Injuries Distinguished from


Mutilation:
1. Mutilation must have been caused purposely and
deliberately
2. Physical Injuries this intention is not present

264
Administering
Injurious
Substances
or Beverages

1.
2.
3.

That the offender inflicted upon another any serious


physical injury
That it was done by knowingly administering to him any
injurious substance or beverages or by taking advantage
of his weakness of mine or credulity
That he had no intent to kill

labor
14. Where the category of the offense of serious
physical injuries depends on the period of
illness or incapacity for labor, there must be
evidence of the length of that period;
otherwise the offense is only slight physical
injuries
15. Lessening of efficiency is not incapacity
16. Serious physical injuries by excessive
chastisement by parents is not qualified.
Penalties
established by
the next
preceding article

1.
2.
3.
4.

265
Less Serious
Physical
Injuries

266
Slight
Physical
Injuries and
Maltreatment

Qualified Less Serious Physical Injuries


1. Paragraph 2:
a. there is manifest intent to insult or offend the injured
person
b. there are circumstances adding ignominy to the
offense
2. Paragraph 3:
a. the offenders parents, ascendants, guardians,
curators or teachers
b. persons of rank or persons in authority, provided the
crime is not direct assault

Fine not
exceeding P500
in addition to A
Mayor 2nd
paragraph

Kinds of Slight Physical Injuries:


1. Physical injuries which incapacitated the offended party for
labor from 1 to 9 days, or required medical attendance
during the same period
2. Physical injuries which did not prevent the offended party
from engaging in his habitual work or which did not
require medical attendance
3. Ill-treatment of another by deed without causing any
injury

A Menor par 1
A Menor or fine
not exceeding
P200 par 2
A Menor
minimum or fine
not exceeding
P50 - par 3

/vvverga Second Semester, AY 2004-2005


Criminal Law II Reviewer

PC in minimum
and medium
paragraph 3

1.

2.
3.
4.
1.
2.

Knowingly administering is an essential


element
Administering injurious substance means
introducing into the body the substance
This article does not apply when the physical
injuries that result are less serious or slight
Taking advantage of weakness or credulity
may take place in case of witchcraft,
philters, magnetism, etc.
Matters to Note:
a. That the offended party is incapacitated
for labor for 10 days or more (but not
more than 30), or needs medial
attendance for same period of time
b. That the physical injuries must not be
those described in the preceding articles
Medical attendance or incapacity is required
It is only slight physical injury when there is
no medical attendance or incapacity for labor
Actual medical attendance is required
When there is no evidence of actual injury, it
is only slight physical injuries
Example of paragraph 3 is slapping the face
of offended party

Page 54 of 75

Criminal Law II Reviewer


266-A
Rape
266-B
Penalties

Paragraph 1:
1. Offender is a man
2. Offender had carnal knowledge of a woman
3. Such act is accomplished under any of the ff circumstance:
a. by using force or intimidation; or
b. when the woman is deprived of reason or otherwise
unconscious; or
c. by means of fraudulent machination or grave abuse of
authority; or
d. when the woman is under 12 years of age or
demented
Paragraph 2:
1. Offender commits an act of sexual assault
2. That the act of sexual assault is committed by any of the
following means:
a. by inserting his penis into another persons mouth or
anal orifice; or
b. by inserting any instrument or object into the genital
or anal orifice of another person
3. That the sexual act is accomplished under the
circumstances mentioned in paragraph 1
Qualifying Circumstances:
1. When by reason or on occasion of the rape, a homicide is
committed
2. When victim is under 18 and offender is parent,
ascendant, stepparent, guardian, relative by consanguinity
or affinity within 3rd civil degree, or common-law spouse of
the parent of victim
3. When the victim is under the custody of the police or
military authorities or any law enforcement or penal
institution
4. When the rape is committed in full view of the husband,
parent, any of the children or other relatives within the 3rd
civil degree of consanguinity
5. When the victim is a religious engaged in legitimate
religious vocation or calling and is personally known to be
such by the offender before or at the time of the
commission of the crime
6. When the victim is a child below 7 years of age.
7. When the offender knows that he is afflicted with
HIV/AIDS or any other sexually transmissible disease and

/vvverga Second Semester, AY 2004-2005


Criminal Law II Reviewer

Vena V. Verga
Rape committed
under any of the
4 Circumstances:
a. Par. 1 RP
b. Par. 2 PM

1.
2.

Rape committed
with use of
deadly weapon
or by 2 or more
persons:
a. Par. 1 RP
to death
b. Par. 2 PM
to RT

5.

Rape where
victim becomes
insane:
a. Par. 1 RP
to death
b. Par. 2 RT
Attempted Rape
and Homicide:
a. Par. 1 RP
to death
b. Par. 2 RT to
RP

3.
4.

6.
7.
8.
9.
10.
11.

12.
13.

Rape with
Homicide:
a. Par. 1
death
b. Par. 2 RP

14.

Rape with
Aggravating
Circumstances:
a. Par. 1
death
b. Par. 2 - RT

17.

15.
16.

18.
19.

Offender may now be a male or female.


In rape under par. 1, there must be sexual
intercourse
Penetration, even partial, is necessary
Only one of the four circumstances is
necessary
Force need not be irresistible, but it should
be present and brings the desired results
Force employed need not be of such
character as could be resisted
Intimidation includes the moral kind, such as
the fear caused by threatening
When the offender has ascendancy or
influence over victim, it is not necessary that
she put up a determined resistance
Rape may be proved by the uncorroborated
testimony of the offended
Deprivation of reason contemplated by law
need not be complete
Stages of Rape:
a. Consummated enough that there was
penetration, even partial/slight
b. Frustrated none
c. Attempted intent on the part of
accused to have carnal knowledge of
woman
Resignation to consummated act is NOT
consent
Character of offended woman immaterial in
rape
There is a crime of multiple rape by 2 or
more offenders
Rape is punished by death when any of the
qualifying circumstances are present
Rape with homicide is a special complex
crime
When homicide is committed NOT by reason
or on the occasion of the rape, such as while
the woman was dying, the accused had
carnal intercourse with her, it may be
considered as ignominy.
Indemnity in Rape P50,000
Indemnity in Qualified Rape P75,000
Page 55 of 75

Criminal Law II Reviewer

Vena V. Verga

the virus or disease is transmitted to the victim.


When committed by any member of AFP or paramilitary
units thereof or the PNP or any law enforcement agency or
penal institution, when the offender took advantage of his
position to facilitate the commission of the crime
9. When by reason or on the occasion of the rape, the victim
has suffered permanent physical mutilation or disability
10. When the offender knew of the pregnancy of the offended
party at the time of the commission of the crime
11. When the offender knew of the mental disability,
emotional disorder and/or physical handicap of the
offended party at the time of the commission of the crime
1. Subsequent valid marriage between the offender and the
offended party shall extinguish the criminal action or the
penalty imposed.
2. In case it is the legal husband who is the offender, the
subsequent forgiveness by the wife as the offended party
shall extinguish the criminal action or the penalty

20. Indemnity in Rape with Homicide P50,000


and P50,000 respectively (P100,000)
21. Damages in Rape
a. Moral Damages P50,000 without need
of proof
b. Exemplary Damages if one or more
aggravating circumstances was
committed

8.

266-C
Effect of
Pardon

1.
2.
3.

266-D
Presumptions

1.

267
Kidnapping
and Serious
Illegal
Detention

1.
2.

2.

Any physical overt act manifesting resistance against the


act of rape in any degree from the offended party; or
Where the offended party is so situated as to render
him/her incapable of giving consent
That the offender is a private individual
That he kidnaps or detains another, or in any other
manner deprives the latter of his liberty
d. The person kidnapped or detained is a minor (except
when the accused is any of the parents), female or a
public officer.

Special Complex Crime of Kidnapping with Murder


effectively eliminated the distinction drawn by courts between
those cases where the killing was purposely sought by the
accused, and those where the killing of the victim was not
deliberately resorted to but was merely an afterthought
Illegal Detention Distinguished from Arbitrary
Detention;
1. Illegal Detention is committed by a private individual who
unlawfully kidnaps, detains or otherwise deprives a person
of liberty; Arbitrary Detention is committed by public
officer or employee who detains a person without legal
/vvverga Second Semester, AY 2004-2005
Criminal Law II Reviewer

RP to Death
any of the 4
circumstances
Death purpose
of extorting
ransom
Maximum
penalty if
victim is killed or
dies, or raped or
subject to
torture or
dehumanizing
acts

1.
2.
3.
4.
5.
6.
7.
8.

Effect of marriage extinguishes not only


the penal action, but likewise the penalty
that may be imposed
Marriage extinguishes the penal action and
the penalty only as to the principal and not
to the accomplices and accessories
The crime shall not be extinguished or the
penalty shall not be abated if the marriage is
void ab initio

If the offender is a public officer, the crime is


arbitrary detention
When a victim is a minor and the accused is
one of the parents A mayor or a fine not
exceeding P300, or both
Intention to deprive victim of his liberty for
purpose of extorting ransom is essential in
crime
Actual demand for ransom is not necessary
The accused is not liable when there is lack
of motive to resort to kidnapping
Detention or locking up of victim is essential,
but it is not necessary that it is an inclosure
and restraint need not be permanent
Detention must be illegal, i.e. when not
ordered by competent authority or not
permitted by law
Deprivation of ones liberty is essential
Page 56 of 75

Criminal Law II Reviewer

2.

268
Slight Illegal
Detention

1.
2.

269
Unlawful
Arrest

1.
2.

3.
4.

3.

Vena V. Verga

ground
Illegal Detention is a crime against personal liberty and
security; Arbitrary Detention is a crime against the
fundamental law of the State

That the offender is a private individual


That he kidnaps or detains another, or in any other
manner deprives him of his liberty
That the act of kidnapping or detention is illegal
That the crime is committed without the attendance of any
of the circumstances enumerated in Article 267

That the offender arrests or detains another person


That the purpose of the offender is to deliver him to the
proper authorities
That the arrest or detention is not authorized by law or
there is no reasonable ground therefore

RT offender
and person who
furnished place
for perpetration
of crime
PM minimum and
medium and a
fine not
exceeding P700
voluntary
release
A Mayor and a
fine note
exceeding P500

Unlawful arrest distinguished from other illegal


detention: if the purpose of locking up or detaining is to
deliver to authorities, the crime is unlawful arrest; otherwise,
it is other illegal detention

270
Kidnapping
and Failure to

1.
2.

That the offender is entrusted with the custody of a minor


person (below 21 years of age)
That he deliberately fails to restore the said minor to his

/vvverga Second Semester, AY 2004-2005


Criminal Law II Reviewer

RP
A Mayor or a fine
not exceeding

element
9. Restraint by robbers is not illegal detention
10. The purpose is immaterial when any of the 4
circumstances in the first paragraph is
present
11. Where a person is taken from one place to
another solely for the purpose of killing him
12. Ransom money, price or consideration paid
or demanded for redemption of a captured
persons, a payment that releases from
captivity
13. Conspiracy to extort ransom makes all
conspirators liable under the 2nd paragraph,
including those who did not take any part of
the money
1. Participation of accomplice in furnishing
place is raised to that of a real co- principal
2. Privileged mitigating circumstance in slight
illegal detention:
a. Voluntarily releases person so kidnapped
or detained within 3 days from
commencement of detention
b. Without having attained purpose
intended
c. Before the institution of criminal
proceedings against him
1. The offender is any person, whether a public
officer or a private individual
2. There is no unlawful arrest when the arrest
is authorized by a warrant issued by the
court
3. Distinguished from Article 125:
a. Article 126 detention is for legal
grounds; in unlawful arrest detention
is illegal
b. Article 125 crime is failing to deliver
person; in unlawful arrest crime is
making unauthorized arrest
4. Motive of offender is controlling
5. No period of detention is fixed
1. This covers all minors, whether under or
over 7 years of age
2. What is punished is the deliberate failure of
Page 57 of 75

Criminal Law II Reviewer


Return a
Minor

271
Inducing a
Minor to
Abandon His
Home

272
Slavery

273
Exploitation
of Child Labor

274
Services
Rendered
Under
Compulsion
in Payment

parents or guardians
Distinguishing Article 267 and Article 270:
1. In Article 267 the offender is not entrusted with custody
2. In Article 270 the offender is entrusted with custody of
minor
1. That a minor is living in the home of his parents or
guardian or person entrusted with his custody
2. That the offender induces said minor to leave such home

1.
2.

That the offender purchases, sells, kidnaps or detains a


human being.
That the purpose of the offender is to enslave such human
being

Slavery and Kidnapping or Illegal Detention Distinguished:


a. Slavery purpose is to enslave victim
b. Kidnapping or Illegal Detention any other purpose
1. That the offender retains a minor in his service
2. That it is against the will of the minor
3. That it is under the pretext of reimbursing himself of a
debt incurred by an ascendant, guardian or person
entrusted with the custody of such minor
1.
2.
3.

That the offender compels a debtor to work for him, either


as household servant or farm laborer
That it is against the debtors will
That the purpose is to require or enforce the payment of a
debt

Vena V. Verga
P300 or both
when the crime
is committed by
father or mother
PC and a fine not
exceeding P700
offender is any
person
A Mayor or a fine
not exceeding
P300, or both
offender is
parent
PM and a fine not
exceeding
P10,000
Maximum Period
if purpose is to
assign to
immoral traffic
PC minimum and
medium and a
fine not
exceeding P500
A Mayor
maximum to PC
minimum

3.

1.
2.

1.
2.

1.
2.

1.

2.

3.
275
Abandonmen
t of Persons

Acts Punishable:
1. Failing to render assistance to any person whom offender
finds in an uninhabited place wounded or in danger of

/vvverga Second Semester, AY 2004-2005


Criminal Law II Reviewer

A Mayor

1.

the custodian of the minor to restore the


latter to his parents or guardians
Kidnapping and failure to return a minor is
necessarily included in Kidnapping and
Serious Illegal Detention
The inducement must be actual, committed
with criminal intent, and determined by a
will to cause damage
The minor should not leave his home on his
own free will

If the purpose of the offender is to assign


the offended party to some immoral traffic
(prostitution), the penalty is higher.
The employment or custody of a minor with
the consent of the parent or guardian
although against the childs will cannot be
considered to be involuntary servitude
The service of the minor must be against his
will
The existence of indebtedness constitutes no
legal justification for holding a person and
depriving him of his freedom to live where
he wills
The article specifically provides that the
debtor is compelled to work as household
servant or farm laborer and not any other
work
This article, like Article 273, punishes a form
of slavery, but Article 274 does not
distinguish whether the victim is a minor or
not
Under this article it is the debtor who is
compelled to work for the offender, while in
Article 273 it is the minor
Paragraph 2 of this article applies only when
someone is accidentally injured by the
accused
Page 58 of 75

Criminal Law II Reviewer


in Danger
and
Abandonmen
t of Ones
Own Victim

2.
3.
276
Abando-ning
a Minor

1.
2.
3.
4.

dying when he can render such assistance without


detriment to himself, unless such omission shall constitute
a more serious offense
a. The place is uninhabited
b. The accused found there a person wounded or in
danger of dying
c. The accused can render assistance without detriment
to himself
d. The accused fails to render assistance
Failing to help or render assistance to another whom the
offender has accidentally wounded or injured
Failing to deliver a child, under 7 years of age whom the
offender has found abandoned, to the authorities or to his
family, or by failing to take him to a safe place
That the offender has the custody of a child
That the child is under 7 years of age
That he abandons such child
That he has not intent to kill the child when the latter is
abandoned

Qualifying Circumstances:
1. When death of the minor resulted from such
abandonment, or
2. if the life of the minor was in danger because of the
abandonment
277
Abandonment of
Minor by
Person
Entrusted
with His
Custody;
Indifference
of Parents

Acts Punished:
1. By delivering a minor to a public institution or other
persons without the consent of the one who entrusted
such minor to the care of the offender or, in the absence
of that one, without the consent of the proper authorities
a. The offender has charge of the rearing/education of a
minor
b. He delivers minor to a public institution or other
persons
c. The one who entrusted such child to the offender has
not consented to such act; or if the one who entrusted
such child to the offender is absent, the proper
authorities have not consented to it
2. By neglecting his (offenders) children by not giving them
the education which their station in life requires and
financial condition permits
a. That the offender is a parent

/vvverga Second Semester, AY 2004-2005


Criminal Law II Reviewer

Vena V. Verga
2.
3.
4.

A Mayor and a
fine not
exceeding P500
PC medium and
maximum
results in death
of minor
PC minimum and
medium
endanger life of
minor
A Mayor and a
fine not
exceeding P500

1.
2.

3.
4.
1.
2.
3.

4.

It is immaterial that the offender did not


know that the child is under 7 years old
Paragraph 3 applies to one who found a lost
child
The child under 7 years of age must be
found by the accused in an unsafe place

When there is intent to kill this article does


not apply
Intent to kill cannot be presumed from the
death of a child
a. Crimes against Persons intent to kill is
presumed
b. Crimes against Security intent to kill is
not presumed
A permanent, conscious and deliberate
abandonment is required by this article
Parents guilty of abandoning their children
shall be deprived of parental authority
Rear bring to maturity by educating,
nourishing,
Only the person charged with the rearing or
education of the minor is liable
Article 276 Distinguished from Article 277
a. Article 276 the custody of the offender
is general; Article 277 the custody of
the offender is specific (custody for the
rearing or education of minor)
b. Article 276 minor is under 7; Article
277 minor is under 21 [18]
c. Article 276 minor is abandoned in such
a way as to deprive him of the care and
protection that his tender years need;
Article 277 minor is delivered to a
public institution or other person
Failure to give education must be due to
Page 59 of 75

Criminal Law II Reviewer


b.

278
Exploitation
of Minors

279
Additional
Penalties
280
Qualified
Trespass to
Dwelling

That he neglects his children by not giving them


education
c. That his station in life requires such education and his
financial condition permits it
Acts Punished:
1. By causing any boy or girl under 16 to perform any
dangerous feat of balancing, physical strength or
contortion, the offender being any person
2. By employing children under 16 who are not the children
or descendants of the offender in exhibitions of acrobat,
gymnast, rope walker, diver, or wild-animal tamer, the
offender being an acrobat, etc. or circus manager or
person engaged in a similar calling
3. By employing any descendant under 12 in dangerous
exhibitions enumerated in the next preceding paragraph,
the offender being engaged in any of the said callings
4. By delivering a child under 16 gratuitously to any person
following any of the calling enumerated in paragraph 2, or
to any habitual vagrant or beggar, the offender being an
ascendant, guardian, teacher, or person entrusted in any
capacity with the care of such child
5. By inducing any child under 16 to abandon the home of its
ascendants, guardians, curators, or teachers to follow any
person engaged in any of the callings mentioned in
paragraph 2 or to accompany any habitual vagrant or
beggar, the offender being any person
The imposition of the penalties prescribed in the preceding
articles, shall not prevent the imposition upon the same
person of the penalty provided for any other felonies defined
and punished by this Code.
1. That the offender is a private person
2. That he enters the dwelling of another
3. That such entrance is against the latters will

Vena V. Verga

Exceptions:
1. If the entrance to anothers dwelling is made for the
purpose of preventing some serious harm to himself, the
occupants of the dwelling or a 3rd person
2. If the purpose is to render some service to humanity or
justice
3. If the place where entrance is made is a caf, tavern, inn,
and other public houses, while the same are still open
/vvverga Second Semester, AY 2004-2005
Criminal Law II Reviewer

deliberate desire to evade such obligation

PC in minimum
and medium and
a fine not
exceeding P500
Maximum period
if delivery shall
have been made
in consideration
of any price,
compensation, or
promise

1.

2.
3.
4.

A Mayor and fine


note exceeding
P1,000
PC medium and
maximum and
fine not
exceeding
P1,000
committed by
means of
violence

5.
6.

7.
8.
9.

Exploitation of minors distinguished from


Inducing a minor to abandon his home
a. Exploitation of minors if the purpose is
to follow any of the mentioned callings;
Inducing Minor if there is no such
purpose
b. Exploitation victim must be under 16;
Inducing minor minor under 21 [18]
Offender shall be deprived of parental
authority or guardianship
Exploitation of minors must refer to act
endangering the life or safety of the minor
Qualifying Circumstance if delivery is made
in consideration of any price, compensation
or promise

If the offender is a public officer, the crime


would be violation of domicile
Lack of permission does not amount to
prohibition, there must be opposition on the
part of the owner of the house to the entry
of the accused
Prohibition may be implied in certain
instances (e.g. considering time, door was
closed, etc.)
Prohibition must be in existence prior to or
at the time of the entrance
What is intended to be protected and
preserved is the privacy of ones dwelling
Page 60 of 75

Criminal Law II Reviewer

Vena V. Verga

Qualifying Circumstance if the offense is committed by


means of violence or intimidation
Dwelling Place any building or structure exclusively devoted
for rest and comfort
281
Other Forms
of Trespass

1.

That the offender enters the closed premises or the fenced


estate of another
That the entrance is made while either of them is
uninhabited
That the prohibition to enter be manifest
That the trespasser has not secured the permission of the
owner or the caretaker thereof

A Menor or a fine
not exceeding
P200, or both

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

Penalty next
lower in degree
than that
prescribed by
law for the crime
he threatened to
commit
Penalty lower by
2 degrees if
offender did not
attain his
purpose

2.
3.
4.

282
Grave
Threats

/vvverga Second Semester, AY 2004-2005


Criminal Law II Reviewer

Maximum Period
if threat in
writing or thru a
middleman
A Mayor and a
fine not

10. Violence does not refer to persons only


11. Violence or intimidation may take place
immediately after the entrance
12. Trespass may be committed by owner of
dwelling
13. If there is no overt act to commit another
crime, the crime is only trespass to dwelling
1. Premises distinct and definite locality
2. Art 281 Distinguished from Trespass to
Dwelling:
a. Trespass offender is private person;
Other Trespass any person
b. Trespass offender enters a dwelling
house; Other Trespass enters closed
premises or fenced in estate
c. Trespass inhabited; Other Trespass
uninhabited
d. Trespass against the will of the owner;
Other Trespass without securing
permission of owner or caretaker
e. Trespass prohibition is
express/implied; Other Trespass
prohibition to enter is manifest
1. Penalty will depend on whether or not
offender attained his purpose; if the threat is
not subject to a condition, the penalty is
fixed
2. Qualifying Circumstances:
a. Threat made in writing
b. Threat made thru a middleman
3. Third form of grave threats must be serious
and deliberate
4. If the threat is made in a heat of anger, it is
not punished under this article
5. If the condition is not proved, it is grave
threats under sub-paragraph 2
6. Essence of the crime of threats is
intimidation
7. The act threatened to be committed must be
wrong
8. Grave threats may be committed even if the
complainant is absent when challenge is
made
Page 61 of 75

Criminal Law II Reviewer

b.
c.

283
Light Threats

1.
2.
3.
4.

284
Bond for
Good
Behavior

285
Other Light
Threats

the infliction upon the latters person, honor, or


property, or upon the latters family, of any wrong
That such wrong amounts to a crime
That the threat is not subject to a condition

That the offender makes a threat to commit a crime


That the wrong does not constitute a crime
That there is a demand for money or that other condition
is imposed, even though not lawful
That the offender has attained or not attained his purpose

Vena V. Verga
exceeding P500
if no condition

A Mayor

Required to Give Bail not to Molest Another:


1. When he threatens another under the circumstances
mention in Article 282
2. When he threatens another under the circumstances
mention in Article 283

Destierro

1.

A Menor
minimum or a
fine not
exceeding P200

2.
3.

By threatening another with a weapon, or by drawing such


weapon in a quarrel, unless it be in lawful self-defense
a. Threatening to draw a weapon, even if there is no
quarrel
b. Drawing a weapon in a quarrel, which is not in lawful
self-defense
By orally threatening another, in the heat of anger, with
some harm constituting a crime, without persisting in the
idea involved in his threat
By orally threatening to do another any harm not
constituting a felony

/vvverga Second Semester, AY 2004-2005


Criminal Law II Reviewer

9.

Crime of grave threats is consummated as


soon as the threats come to the knowledge
of the person threatened
10. Threats made in connection with the
commission of other crimes are absorbed by
the latter.
11. The offender in grave threats does not
demand the delivery on the spot of the
money or other personal property asked of
him (crime of robbery)
1. Light threats are committed in the same
manner as grave threats, except that the act
threatened to be committed should not be a
crime
2. Blackmailing may be punishable under this
article
Compared with Article 35
1. Art. 35 is a distinct penalty which provides
for bond to keep the peace; this article
provides for bond for good behavior
2. Article 35 not made applicable to any
particular case; this article applicable only to
cases of grave and light threats
3. Failure to give in Article 35 detained; this
article destierro
1. Article 285 compared with Article 282 and
283
a. Article 285 Par. 2 is similar to 3rd form of
grave threats because the harm
threatened to be committed is a crime
b. Article 285 Par. 3 is similar to light
threats, because harm threatened to be
committed is not a crime
c. Article 285 there is no demand for
money or condition or threat is not
deliberate
2. Threats, which ordinarily would be grave
threats, if made in heat of anger, may fall
under this article
3. Light threats may be committed where the
person to whom it is directed is absent
Page 62 of 75

Criminal Law II Reviewer


286
Grave
Coercions

Ways to Commit:
1. By preventing another, by means of violence, threats or
intimidation, from doing something not prohibited by law
2. By compelling another, by means of violence, threats or
intimidation, to do something against his will, whether it
be right or wrong
Elements:
1. That a person prevented another from doing something
not prohibited by law, or that he compelled him to do
something against his will, be it right or wrong
2. That the prevention or compulsion be effected by violence,
threats or intimidation
3. That the person that restrained the will and liberty of
another had not the authority of law or the right to do so,
or, in other words, that the restraint shall not be made
under authority of law or in the exercise of lawful right
Coercion Distinguished from Illegal Detention:
illegal detention requires actual confinement or
restraint of the person

287
Light
Coercions

1.
2.
3.
4.

288
Other Similar

1.

Vena V. Verga
PC and a fine not
exceeding
P6,000
Penalty next
higher in degree
violation of
right of suffrage;
or committed to
compel another
to perform any
religious act; or
committed to
prevent another
from performing
any religious act

That the offender must be a creditor


That he seizes anything belonging to his debtor
That the seizure of the thing be accomplished by means of
violence or a display of material force producing
intimidation
That the purpose of the offender is to apply the same to
the payment of the debt

A Mayor in
minimum and
fine equivalent to
value of thing,
but in no case
less than P75
A Menor or a fine
P5-P200, or both
any other
coercion or
unjust vexation

By forcing or compelling, directly or indirectly, or


knowingly permitting the forcing or compelling of the

A Mayor or a fine
ranging from

/vvverga Second Semester, AY 2004-2005


Criminal Law II Reviewer

1.

What is prevented must not be prohibited by


law
2. The act of preventing by force must be made
at the time the offended party was doing or
about to do the act to be prevented
3. If the act was already done when violence is
exerted, the crime is unjust vexation.
4. Compelling another to do something includes
the offenders act of doing it himself while
subjecting another to his will
5. When the complainant is in actual
possession of a thing, even if he has not
right to that possession, compelling him by
means of violence to give up possession,
even by owner, is grave coercion
6. Not intimidation by display of force, if arms
are not used
7. The force or violence must be immediate,
actual or imminent
8. There is no grave coercion when the accused
acts in good faith in performance of duty
9. Purpose of Law enforce the principle that
no person may take the law into his own
hands
10. Coercion is consummated even if the
offended party did not accede to the purpose
of the coercion
1. Actual physical violence need not be
employed
2. Unjust vexation includes any human
conduct which, although not productive or
some physical or material harm would,
however, unjustly annoy or vex an innocent
person
3. There is no violence or intimidation in unjust
vexation
4. Difference between grave and light coercion:
use of violence
5. When the act of the accused has no
connection with previous acts of violence, it
is only unjust vexation
1. Laborers or employees have the right to
receive just wages in legal tender
Page 63 of 75

Criminal Law II Reviewer


Coercions

2.

289
Formation,
Maintnance,
and
Prohibition of
Combina-tion
of Capital or
Labor

1.

290

1.

Discovery of
Secrets Thru
Seizure of
Correspondenc
e

2.

laborer or employee of the offender to purchase


merchandise or commodities of any kind
a. That the offender is any person, agent or officer of any
association or corporation
b. That he or such firm or corporation has employed
laborers or employees
c. That he forces or compels, directly or indirectly, or
knowingly permits to be forced or compelled, any of
his or its laborers or employees to purchase
merchandise or commodities of any kind from him or
from said firm or corporation
By paying wage due his laborer or employee by means of
tokens or objects other than the legal tender currency of
the Philippines, unless expressly requested by such laborer
or employee
a. That the offender pays the wages due a laborer or
employee employed by him by means of tokens or
objects
b. That those tokens or objects are other than the legal
tender currency of the Philippines
c. That such employee or laborer does not expressly
request that he be paid by means of tokens or objects
That the offender employs violence or threats, in such a
degree as to compel or force the laborers or employers in
the free and legal exercise of their industry or work
That the purpose is to organize, maintain or prevent
coalitions of capital or labor, strike of laborers or lockout of
employers

Vena V. Verga
P200 - P500, or
both

2.

Inducing an employee to give up any part of


his wages by force, stealth, intimidation,
threat or by any other means is unlawful
under the Labor Code, not under the RPC

A Mayor and a
fine not
exceeding P300

1.

The act should not be a more serious


offense, otherwise it shall be punished under
another article
Peaceful picketing is part of freedom of
speech and is not prohibited
Employing violence or making threats by
picketers may make them liable for coercion
Preventing employee from joining any
registered labor organization is punished
under the LC and not under the RPC
Seize to place in the control of someone a
thing or to give him the possession thereof
There must be a taking possession of papers
or letters of another, even for a short time
only
The purpose of the offender must be to
discover the secrets of another
The offender must be informed of contents
of papers or letters
This article does not require that the
offended party be prejudiced

2.
3.
4.

2.
3.
4.

That the offender is a private individual or even a public


officer not in the exercise of his official functions
That he seizes the papers or letters of another
That the purpose is to discover the secrets of such another
person
That offender is informed of the contents of the papers or
letters seized

Exception: Article 290 not applicable to parents, guardians,


or persons entrusted with the custody of minors with respect
to papers or letters of the children or minors placed under
/vvverga Second Semester, AY 2004-2005
Criminal Law II Reviewer

PC in minimum
and medium and
a fine note
exceeding P500
if offender
reveals secrets

1.

A Mayor and a
fine not
exceeding P500
if offender shall

4.

2.
3.

5.

Page 64 of 75

Criminal Law II Reviewer


their care or custody, or to spouses with respect to the papers
or letters of either of them

Vena V. Verga
not reveal such
secrets

6.
7.

291
Revealing
Secrets with
Abuse of
Office

1.
2.

292
Revelation of
Industrial
Secrets

1.

3.

2.
3.
4.

That offender is a manager, employee or servant


That he learns of the secrets of his principal or master in
such capacity
That he reveals such secrets

A Mayor and fine


not exceeding
P500

That offender is a person in charge, employee or workman


of a manufacturing or industrial establishment
That the manufacturing or industrial establishment has a
secret of the industry which the offender has learned
The offender reveals such secrets
That prejudice is caused to the owner

PC minimum and
medium and a
fine not
exceeding P500

1.
2.
3.
4.
1.
2.
3.
4.

293
Who are
Guilty of
Robbery

Classification:
1. Robbery with violence against, or intimidation of persons
(RVAIP)
2. Robbery with the use of force upon things (RFUT)
a. Robbery in Inhabited House or Public Building or
Edifice devoted to Public Worship
b. Robbery in Uninhabited House or in a Private Building
Elements of Robbery in General:
1. That there be personal property belonging to another
2. That there is unlawful taking of that property
3. That the taking must be with intent to gain
4. That there is violence against or intimidation of any
person, or force upon anything
Those Guilty of Robbery Any person who, with intent to
gain, shall take any personal property belonging to another, by
means of violence against or intimidation of any person, or

/vvverga Second Semester, AY 2004-2005


Criminal Law II Reviewer

1.
2.
3.
4.
5.
6.
7.
8.

Qualifying Circumstance: revealing the


secret
Distinguished from Public Officer Revealing
Secrets of Private Individual (Article 230):
a. Article 230 public officer comes to
know secrets by reason of his office
b. Article 290 private individual who
seizes papers of another to discover
secrets of latter
Secrets must be learned by reason of their
employment
The secrets must be revealed by the
offender
If the offender does not reveal the secrets,
the crime is not committed
Damage is not necessary under this article
Secrets must relate to manufacturing
processes
The act constituting the crime is revealing
the secret of the industry or employer
Revelation may be made after employee has
ceased to be connected with the
establishment
Prejudice is an essential element of the
offense
The property taken must be personal
property and not real property.
Prohibitive articles may be subject matter of
robbery
The property must belong to another
Ownership is not necessary; the possession
of property is sufficient
Naming of the owner is a matter of essential
description of the crime of robbery with
homicide and not in RVAIP or RFUT
The personal property is taken against will of
owner
Taking must be unlawful
Unlawful Taking is complete:
a. RVAIP from moment offender gains
possession of the thing
b. RFUT thing must be taken out of
building
Page 65 of 75

Criminal Law II Reviewer

Vena V. Verga

using force upon anything, shall be guilty of robbery

9.

Distinctions Between Effects of Employment of VAIAP


and those of use FUT:
1. Whenever violence against or intimidation of any person is
used, the taking is always robbery; If there is no violence
or intimidation, but only FUT, taking is robbery if force is
used to either enter building or to break doors, etc.
2.

In RVAIP, value of personal property is immaterial; penalty


depends on:
a. result of violence used
b. existence of intimidation only

3.

In RFUT, the penalty is based on:


a. Value of property taken
b. On whether or not the offenders carry arms
In RFUT in an uninhabited building, the penalty is based
on the value of the property taken

294
Robbery with
Violence
Against or
Intimidation
of Persons

Acts Punished:
1. When by reason or on occasion of robbery, crime of
homicide is committed
2. When robbery is accompanied by rape or intentional
mutilation or arson
3. When by reason or on occasion of such robbery, any of the
physical injuring resulting in insanity, imbecility, impotency
or blindness is inflicted
4. When by reason or on occasion of such robber, any of the
physical injuries resulting in loss of use of speech or the
power to hear or to smell, or the loss of an eye, a hand, a
foot, an arm, or a leg or the loss of the use of any such
member or incapacity for the work in which the injured
person is theretofore habitually engaged is inflicted
5. If the violence or intimidation employed in the commission
of the robbery is carried to a degree clearly unnecessary
for the commission of the crime

/vvverga Second Semester, AY 2004-2005


Criminal Law II Reviewer

RP to death
paragraph 1 (no.
1 and 2)
RT medium to RP
paragraph 2
(no. 3)
RT paragraph 3
(no. 4)
PM maximum to
RT medium
paragraph 4 (no.
5 and 6)
PC maximum to

Taking means depriving offended party of


ownership of thing taken with character of
permanency
10. Intent to gain is presumed from unlawful
taking of personal property
11. Intent to gain and personal property
belonging to another must concur
12. Violence must be against person of offended
party and not upon thing taken
13. Intimidation need not be threat of bodily
harm
14. General Rule: Violence or intimidation
must be present before taking personal
property is complete
Exception: When violence results in (1)
homicide, (2) rape, (3) intentional
mutilation, or (4) any of the serious physical
injuries penalized in par. 1 and 2 of Art. 263,
taking of personal property is complexed
with any of those crimes under Art. 294,
even if taking was already complete when
violence was used by the offender
15. Taking of property need not be immediately
after the intimidation
16. R.A. 6539 is the law applicable when
property taken in robbery is a motor vehicle
Robbery with Homicide
1. Crime defined in this article is a special
complex crime
2. On the occasion or by reason means that
it must be committed in the course of or
because of the robbery
3. Robbery and homicide are separate offenses,
when the homicide was not committed on
occasion or by reason of robbery
4. Homicide should be understood in general
sense
5. Juridical concept of robbery with homicide
does not limit taking of life to 1 single victim
or to ordinary homicide all homicides or
murders are merged in the composite,
integrated whole that is robbery with
homicide so long as all the killings were
Page 66 of 75

Criminal Law II Reviewer


6.

7.

When in the course of its execution, the offender shall


have inflicted upon any person not responsible for the
commission of the robbery any of the physical injuries in
consequence of which the person injured becomes
deformed or loses any other member of his body or loses
the use thereof or becomes ill or incapacitated for the
performance of the work in which he is habitually engaged
for more than 90 days or the person injured becomes ill or
incapacitated fro labor for more than 30 days
If the violence employed by the offender does not cause
any of the serious physical injuries defined in Art. 263, or
if the offender employs intimidation only

Requisites of Robbery under Second Case of Paragraph


4:
1. That any of the physical injuries defined in paragraphs 3
and 4 of Art. 263 was inflicted in the course of the robbery
2. That any of them was inflicted upon any person not
responsible for the commission of the robbery

RVAIP under Paragraph 5 of Art. 294


known as simple robbery, because the violence against any
person does not result in homicide, rape, intentional
mutilation, or any serious physical injuries that give rise to
a special complex crime
Threats to Extort Money Distinguished from Robbery
Thru Intimidation:
1. Both, there is intimidation by offender
2. Both, purpose is identical: to obtain gain
3. In robbery, intimidation is actual and immediate; In
threats, intimidation is conditional or future
4. In robbery, intimidation is personal; In threats, it may be
done thru an intermediary
5. In robbery, intimidation is directed only to person of
victim; In threats, intimidation may refer to person, honor
or property of offended party or that of his family
6. In robbery, gain of culprit is immediate; in threats, gain is
not immediate
Robbery with Violence Distinguished from Grave
Coercion:
1. Both, there is violence used by offender
2. In robber, there is intent to gain; in grave coercion, there

/vvverga Second Semester, AY 2004-2005


Criminal Law II Reviewer

Vena V. Verga
PM medium
paragraph 5 (no.
7)

perpetrated by reason or on the occasion of


the robbery
6. There is no such crime as robbery with
murder
7. Robbery with homicide in dwelling does not
require that RFUT is first committed
8. An intent to take personal property
belonging to another with intent to gain
must precede killing
9. Homicide may precede robbery or may occur
after robbery
10. The killing of any person by reason of or on
occasion of robbery is punished by highest
penalty regardless of the person killed, and
even if death supervened due to an accident.
11. Where homicide is not proved, the crime is
only robbery and vice versa
12. An accessory to robbery with homicide must
have knowledge of the commission of both
crimes to be liable, not just robbery
Robbery with Rape
1. Even if the rape is committed at another
place, it is still robbery with rape
2. There is no such crime as robbery with
attempted rape, because robbery cannot be
a necessary means to commit attempted
rape or vice versa
3. When taking of personal property is an
independent act following defendants failure
to consummate the rape, there are 2 crimes:
theft and attempted rape
4. Additional rapes committed on same
occasion of robbery will not increase penalty
5. If rape and homicide with robbery co-exist,
the rape will be considered as an
aggravating circumstance
Robbery Under Paragraph 5:
1. Violence/intimidation need not be present at
any time before or at exact moment when
object taken
2. Reason: Asportation is a complex fact, a
Page 67 of 75

Criminal Law II Reviewer

Vena V. Verga

is not such element

295
Robbery with
Physical
Injuries,
committed
Uninhabited
Place and by
a band, or
use of
Firearm
296
Definition of
a Band and
Penalty
Incurred

Robbery and Bribery Distinguished:


1. Robbery if victim did not commit a crime and is
intimidated with arrest and/or prosecution to deprive him
of his personal property; Bribery when victim has
committed a crime and give money or gift to avoid arrest
or prosecution
2. In robbery, victim is deprived of money/property by force
or intimidation; in bribery, he parts with money/property
in a sense voluntarily
Qualifying Circumstances in RVAIP:
1. in an uninhabited place, or
2. by a band, or
3. by attacking a moving train, street car, motor vehicle or
airship, or
4. by entering passengers compartments in a train, or in any
manner taking the passengers thereof by surprise in the
respective conveyances
5. on a street, road, highway, or alley, and the intimidation is
made with the use of firearms
Outline:
1. When at least 4 armed malefactors take part in
commission of a robbery, it is deemed to be committed by
a band
2. When any of the arms used in the commission of robber is
not licensed, the penalty upon ALL the malefactors shall
be the maximum period of corresponding penalty provided
by law, without prejudice to criminal liability for illegal
possession of such unlicensed firearms
3. Any member of a band who was present at the
commission of a robbery by the band, shall be punished as
principal of any of the assaults committed by the band,
unless it be shown that he attempted to prevent the same
Requisites for Liability for Acts of the Other Members of
the Band:
1. That he was a member of the band
2. That he was present at commission of a robbery by that
band
3. That the other members of the band committed an assault
4. That he did not attempt to prevent the assault

/vvverga Second Semester, AY 2004-2005


Criminal Law II Reviewer

3.

Maximum period
of proper
penalties

1.
2.
3.
4.

Maximum period
of corresponding
penalty provided
by law, without
prejudice to
criminal liability
for illegal
possession of
such unlicensed
firearms

1.

2.
3.

4.

5.

6.

whole divisible into parts, a series of acts, in


course of which personal
violence/intimidation may be injected
In robbery with intimidation, there must be
acts done by the accused which, either by
their own nature or by reason of the
circumstances under which they are
executed, inspire fear in person against
whom they are directed
Any of the qualifying circumstances must be
alleged
Being qualifying, it cannot be offset by a
generic mitigating circumstance
The intimidation with use of firearm qualifies
only robbery on a street, road, etc.
Article 295 does not apply to robbery with
homicide, or rape, or serious physical
injuries under par. 1 or Art. 263
To avoid liability, there must be proof that he
made an endeavor to prevent the assault
committed by another member of the band,
in order that he may not be held liable for
such assault
Clubs are considered as arms
When the robbery was not committed by a
band, the robber who did not take part in
the assault by another is not liable for that
assault
When robbery was not by a band and
homicide was not determined by the accused
when they plotted the crime, the one who
did not participate in the killing is liable for
robbery only
When there is conspiracy to commit
homicide and robbery, all the conspirators,
even if less than 4 armed men, are liable for
special complex crime of robbery with
homicide
Member must be present at the commission
of the robbery to be held liable
Page 68 of 75

Criminal Law II Reviewer

Vena V. Verga
7.
8.

297
Attempted
and
Frustrated
Robbery
Committed
Under Certain
Circumstance
s

337
Qualified
Seduction

RT maximum to
RP, unless
homicide
committed shall
deserve a higher
penalty under
the RPC

1.
2.
3.
4.
5.

1.
2.
3.
4.

Offended party is a virgin, which is presumed if she is


unmarried and of good reputation
that she must be over 12 and under 18 years of age
that the offender has sexual intercourse with her
That there is abuse of authority, confidence or relationship
on the part of the offender

1.

2.

338
Simple
Seduction

1.
2.
3.
4.

That
age
That
That
That

the offended party is over 12 and under 18 years of


she must be of good reputation, single or widow
the offender has sexual intercourse with her
it is committed by means of deceit

A Mayor

1.

2.
3.
4.

/vvverga Second Semester, AY 2004-2005


Criminal Law II Reviewer

Proof of conspiracy not necessary when 4 or


more armed persons committed robbery
Use of firearm, whether licensed or
unlicensed, in making the intimidation is a
qualifying circumstance in any of the
paragraphs 3, 4 and 5 of Art. 294 is
committed on a street, etc.
Homicide is used in its generic sense
Penalty is the same, whether attempted or
frustrated
Not attempted or frustrated if there is not
overt act of robbery
Robbery with Homicide and attempted or
frustrated robbery with Homicide are special
complex crimes
Article 48 is applicable when offense
committed is attempted or frustrated
robbery with serious physical injuries

People vs. Balbar (direct assault and act of


lasciviousness in a classroom where offended
party conduct her classes) the presence or
absence of lewd designs is inferred from the
nature of the acts themselves and the
environmental circumstances. Considering
the manner, place and time under which the
acts were done, lewd designs can be hardly
attributed to Balbar.
US vs. SUAN there is no seduction when
the offended party had other illicit
relationships with other men. SEDUCTION
lies on the chaste character or the woman.
If the girl is under 12, the crime is rape; if
she is over 18, and there is no force or
intimidation or she is not unconscious or
otherwise deprived of reason, there is no
crime, even if deceit was used
Virginity of the offended party is not required
There must be sexual intercourse, otherwise,
the crime is acts of lasciviousness
A man is liable though willing to marry girl
seduced by him
Page 69 of 75

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Vena V. Verga
5.

339
Acts of
Lasciviousnes
s with
Consent of
Offended
Party

1.

340
Corruption of
Minors

1.
2.

2.

3.

3.

That the offender commits acts of lasciviousness or


lewdness
That the acts are committed upon a woman who is a virgin
or single or widow of good reputation, under 18 years of
age but over 12 years, or a sister or descendant
regardless of her reputation or age
That the offender accomplishes the acts by abuse of
authority, confidence, relationship, or deceit

A Mayor

Offender is person under age


Person promotes or facilitates prostitution or corruption of
person under age
Purpose is to satisfy lust of another

PM to satisfy
lust of another

6.
7.
8.
1.
2.

3.

In addition, TAD
public officer or
employee

1.
2.
3.
4.
5.

341
White Slave
Trade

Acts Penalized:
1. Engaging in business of prostitution
2. Profiting by prostitution
3. Enlisting services of women for the purpose of prostitution

PC medium and
maximum

6.
1.
2.
3.
4.

342
Forcible

1.

That the person abducted is any woman, regardless of her


age, civil status, or reputation

/vvverga Second Semester, AY 2004-2005


Criminal Law II Reviewer

RT

1.
2.

Promise of marriage by a married man or


after sexual intercourse is not seduction
There is no continuing offense of seduction
Purpose: to punish the seducer
Male cannot be offended party in this crime
It is necessary that crime is committed
under circumstances which would make it
qualified or simple seduction had there been
sexual intercourse, instead of acts of
lewdness only
Distinguished from Acts of Lasciviousness
(336)
a. Both treat of acts of lasciviousness
b. Art. 336 acts are committed under
circumstances which, had there been
carnal knowledge, would amount to rape
c. Art. 339 acts of lasciviousness are
committed under the circumstances
which, had there been carnal knowledge,
would amount to either qualified
seduction or simple seduction
Habituality or abuse of authority or
confidence is not necessary
One who casts for his own lust is not liable
here
Single act without abuse of authority or
confidence is now a crime
Not necessary that unchaste acts have been
done
Victim must be of good reputation, not a
prostitute, or corrupted person
A mere proposal will consummate offense
One of the mentioned acts is sufficient to
constitute the offense
Habituality is not a necessary element
Person engaged in the business of
prostitution need not be owner of the house
Maintainer or manager of house of ill-repute
need not be present therein at time of raid
or arrest to be liable
Woman abducted may be married
Virginity is not an essential element of this
Page 70 of 75

Criminal Law II Reviewer


Abduction

2.
3.

Vena V. Verga

That the abduction is against her will


That the abduction is with lewd designs

3.

4.
5.
6.
7.
8.
9.
10.

343
Consented
Abduction

1.
2.
3.
4.

That the offender must be a virgin


That she must be over 12 and under 18 years of age
That the taking away of the offended praty must withoher
consent after solicitation or cajolery from the offender
That the taking away of the offended party must be with
lewd designs

Purpose of Law: prescribe punishment for the disgrace to her


family and the alarm caused therein
Virginity is not to be understood in a material a sense as to
exclude the idea of abduction of a virtuous woman of good
reputation

344
Prosecution
of Crimes of

1.
2.

Adultery and concubinage must be prosecuted upon


complaint signed by the offended party
Seduction, abduction or acts of lasciviousness must be

/vvverga Second Semester, AY 2004-2005


Criminal Law II Reviewer

PC minimum and
medium

11.
1.
2.
3.

4.

5.

2.

crime
Crimes against Chastity where age and
reputation are immaterial: rape, acts of
lasciviousness agains the will or without the
consent of offended party, qualified
seduction of sister or descendant, and
forcible abduction
When female is under 12, it is not necessary
that she be taken against her will
Sexual intercourse is not necessary
Lewd designs may be shown by the conduct
of the accused
when there are several defendants, it is
enough that one has lewd designs
Husband is not liable for abduction of wife
Nature of Crime: violative of individual
liberty of abducted, her honor and reputation
and public order
Distinguished from Grave Coercion:
a. In both there is violence or
intimidation by offender
b. Grave Coercion no element of lewd
design
Distinguished from
If offender is under 12, it is forcible
abduction.
The taking away of the girl need not be with
some character of permanency
Abductor need not actually and personally
have taken the abducted female from her
parents home, or induced her to abandon it;
it is sufficient that he was instrumental in
her escape
When there was no solicitation of cajolery
and no deceit and the girl voluntarily went
with man, there is no crime committed even
if they had sexual intercourse
Actual sexual intercourse is not necessary,
since the important element is merely lewd
designs
The court motu proprio can dismiss the case
for failure of the aggrieved party to file the
proper complaint
Page 71 of 75

Criminal Law II Reviewer


Adultery,
Concubinage,
Abduction,
Rape, and
Acts of
Lasciviousnes
s

prosecuted upon complaint signed by:


a. Offended party,
b. Her parents,
c. Grandparents, or
d. Guardians in the order in which they are named above
Underlying Principle why Crimes against Chastity Cannot be
Prosecuted de oficio: out of consideration for the offended
woman and her family who might prefer to suffer the outrage
in silence rather than go thru with the scandal of a public trial
Guardian legal, not natural guardian, that is, guardian
legally appointed in accordance with the provision of the law
Pardon in Crimes of Chastity:
only offended party may pardon
Pardon of offended party who is a minor must have
concurrence of parents (except: when she has no
parents)
Condonation is not pardon in concubinage or adultery;
any act of infidelity subsequent to condonation
constitutes a new offense
1.

2.

Adultery or Concubinage bars prosecution of crime


effective if made:
a. Before the institution of the criminal action, and
b. Both offenders must be pardoned by both parties
Acts of Lasciviousness, Seduction and Abduction bars
prosecution of crime
a. must be EXPRESS
b. Before the institution of criminal action

/vvverga Second Semester, AY 2004-2005


Criminal Law II Reviewer

Vena V. Verga
3.
4.

Rape may be prosecuted de oficio

Imputation of crime of prostitution against a


woman can be prosecuted de oficio.
5. Adultery or Concubinage
a. Only offended spouse can file the
complaint
b. Both parties, if both alive, must be
included in complaint
c. Both parties must be included even if
one of them is not guilty
6. Seduction, Abduction or Acts of
Lasciviousness
a. The right to file action granted to
parents, grandparents or guardian shall
be exclusive of all other persons and
shall be exercise successively
b. It is exclusive, because if the parent, for
example, refuse to file, the grandparents
cannot file the complaint
c. When offended party is a minor, her
parents may file complaint
d. When offended party is of age, and she
is complete possession of her mental and
physical faculties, she alone can file the
complaint
e. The father, if living, is not necessarily
preferred to the mother in filing the
complaint
7. Complaint must be filed in court, not with
the fiscal
8. Rape complexed with another crime (a public
crime) need not be signed by offended
woman
9. Actual Marriage with offended party
a. Extinguishes criminal action or remits
the penalty already imposed
b. Benefits the co-principals, accomplices
and accessories
10. Marriage between parties guilty of adultery
or concubinage does not extinguish the
criminal action

Page 72 of 75

Criminal Law II Reviewer


345
Civil Liability
of Persons
Guilty of
Crimes
Against
Chastity

Seduction or Abduction:
1. To indemnify the offended woman
2. To acknowledge offspring, unless the law should prevent
him form doing so
3. In every case, to support the offspring

346
Liability of
Ascendants,
Guardians,
Teachers or
Other
Persons
Entrusted
with Custody

Persons Liable
cooperate as accomplices but are punished as
principals:
1. Ascendants
2. Guardian
3. Curators
4. Teachers, and
5. Any other person, who cooperates as accomplice with
abuse of authority or confidential relationship

Vena V. Verga
1.

Adultery or Concubinage
Indemnify damages caused to offended spouse

365
Imprudence
and
Neligence

/vvverga Second Semester, AY 2004-2005


Criminal Law II Reviewer

Penalties
prescribed in
Chapters 2, 3, 4
Teachers TSD
maximum to PSD
Other Person
Special
disqualification
from filling office
of guardian

Under the RPC, there is no civil liability for


acts of lasciviousness
2. Reasons for Indemnity in Adultery or
Concubinage: acknowledgment of offspring
is not legally possible, support is not
included, because the person who give birth,
if at all, is one of the offenders and not the
offended party
3. Moral damages are recoverable by both
offended party and her parents
4. Under the Family Code, since children are
classified as legitimate or illegitimate, the
man (adultery or concubinage) should now
be sentenced to support offspring, in
addition to indemnity
Crimes Embraces in Chapters 2, 3 and 4:
1. Acts of Lasciviousness
2. Qualified Seduction
3. Simple Seduction
4. Acts of lasciviousness with the consent
of the offended party
5. Corruption of minors
6. White slave trade
7. Forcible Abduction
8. Consented Abduction

1. Offended party must choose the civil liability

Page 73 of 75