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UNIVERSITY OF THE PHILIPPINES

COLLEGE OF LAW
COURSE OUTLINE IN CRIMINAL LAW 2
SY 2014-2015
(Block D under Atty. Augusto Jose Y. Arreza)

A. Classroom rules:
1. Attendance will be checked at the beginning of every meeting.
2. Recitation will be conducted every meeting. Students are
expected, therefore, to come to class prepared and to have read
the materials scheduled to be covered during the meeting. When a
student is reciting, the rest of the class is expected to listen to
him. Students are encouraged to participate in the discussion by
asking questions.
3. A student who is called to recite is expected to close his book
during his recitation.
3. Electronic gadgets are not prohibited during class hours. A
student is expected, however, to turn off his mobile phone or to
put it on silent mode as soon as he steps into the classroom. If the
student expects a call during the meeting, he can take the call by
discretely leaving the classroom.
Laptops, tablets, and other similar electronic devices, are not,
likewise, prohibited but the students who are called to recite
should close these electronic devices for the duration of their
recitation. The same rule applies to mobile phones that serve as
data storage.
4. Any student may discretely leave the classroom if and when
absolutely necessary. When a student is not in the classroom
when called for recitation, he will be given a grade of 5.
B. Bases for student evaluation at the end of the semester:
Recitation
- 30%
Mid-Term Exam - 20%
Final Exam
- 50%
No grade of 3w or 4

I.

Crimes Against National Security

Art. 114 Treason


- U.S. v. Abad, 1 Phil. 437
- People vs. Victoria, 78 Phil. 129
- Laurel v. Misa, 77 Phil. 856
- U.S. v. Lagnason, 3 Phil. 495
- People v. Roble, 83 Phil. 1
- People v. Perez, 83 Phil. 314
- People v. Alunan, 43 O.G. 1288
Art. 115 Conspiracy and Proposal to Commit Treason
- U.S. v. Bautista, 6 Phil. 581
Art. 116 Misprision of Treason
- U.S. v. Caballeros, 4 Phil. 350
Art. 117 Espionage
- Santos v. Misa, 76 Phil. 415
- C.A. No. 616
Art. 118 Inciting to war or giving motives for reprisals
Art. 119. Violation of neutrality
Art. 120 Correspondence with hostile country
Art. 121 Flight to enemys country
Art. 122 Piracy and mutiny on the high seas or in Philippine waters
- People v. Lol-lo, 43 Phil. 19
- U.S. v. Dasal, 3 Phil. 6
- P.D. No. 532
- R.A. No. 7659
Art. 123 Qualified piracy
- People v. Siyoh, 141 SCRA 356
- R.A. No. 6235
- People v. Ang Cho Kio, 95 Phil. 475

II.

Crimes Against the Fundamental Laws of the State

Art. 124 Arbitrary detention


- Rule 113, Sec. 5, Revised Rules of Court
- Milo v. Salanga, 152 SCRA 113
- U.S. v. Cabanag, 8 Phil. 64
- People v. Bringas, 619 SCRA 481
Art. 125 Delay in the delay of detained prisoners
- Revised Rules of Court, Rule 112, Sec. 6, parag. 2
- Lino vs. Fuguso, 77 Phil. 933
Art. 126 Delaying release
Art. 127 Expulsion
- Villavicencio v. Lukban, 39 Phil. 778
Art. 128 - Violation of domicile
- Revised Rules of Court, Rule 113, Sec. 11
- U.S. vs. Vallejo, 11 Phil. 193
- Moncado v. People, 80 Phil. 1
Art. 129 Search warrants maliciously obtained and abuse in the service
of those illegally obtained
- Art. III, Sec. 2, 1987 Constitution
- Alvarez v. Court, 64 Phil. 33
- Burgos v. Chief of Staff, 133 SCRA 800
Art. 130 Searching domicile without witnesses
- Sec. 8, Rule 126, Revised Rules of Court
- Papa v. Magno, 22 SCRA 857
Art. 131 Prohibition, interruption, and dissolution of peaceful meetings
- People vs. Evangelista, 57 Phil. 372
- Primicias vs. Fugoso, 80 Phil. 71
Art. 132 Interruption of religious worship
Art. 133 Offending the religious feelings
- People v. Baes, 68 Phil. 203
III.

Crimes Against Public Order

Art. 134 Rebellion or insurrection


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People v. Hernandez, 99 Phil. 515


People v. Geronimo, 100 Phil. 90
People v. Cruz, 3 SCRA 217
Carino v. People, 7 SCRA900
Buscayno v. Military Commission, 109 SCRA 273
Enrile v. Salazar, 186 SCRA 217

Art. 134-A Coup detat


- Gonzales v. Abaya, 498 SCRA 445, 476 (concurring opinion of
Callejo, J.)
Art. 135 Penalty for rebellion, insurrection or coup detat
Art. 136 Conspiracy and proposal to commit coup detat, rebellion or
insurrection
- People v. Geronimo, 100 Phil. 90
- People v. Hernandez, 11 SCRA 223
- People v. Lava, 28 SCRA 72
Art. 137 Disloyalty of public officers or employees
- People v. Ravidas, 4 Phil. 271
Art. 138 Inciting to rebellion or insurrection
Art. 139 Sedition
- People v. Cabrera, G.R. No. 17755, March 4, 1922
- People v. Cabrera, G.R. No. 17748, March 4, 1922
Art. 140 Penalty for sedition
Art. 141 Conspiracy to commit sedition
- U.S. v. Planas, G.R. No. 6867, December 23, 1911
Art. 142 Inciting to sedition
- Espuelas v. People, G.R. No. L-2990, December 17, 1951
- Primicias v. Fugoso, 80 Phil. 71
Art. 143 Acts tending to prevent the meeting of the Assembly and
similar bodies
- People v. Alipit, 44 Phil. 910
Art. 144 Disturbance of proceedings
Art. 145 Violation of parliamentary immunity
Art. 146 Illegal assemblies
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Art. 147 Illegal association


Art. 148 Direct assaults
Art. 149 Indirect assaults
Art. 150 Disobedience to summons issued by the National Assembly,
its committees or subcommittees, by the Constitutional Commissions, its
committees, subcommittees or divisions
Art. 151 Resistance and disobedience to a person in authority or the
agents of such person
Art. 152 Persons in authority and agents of persons in authority
Art. 153 Tumults and other disturbances of public order
Art. 154 Unlawful use of means of publications and unlawful utterances
Art. 155 Alarms and scandals
Art. 156 Delivering prisoners from jail
Art. 157 Evasion of service of sentence
Art.158 Evasion of service of sentence on the occasion of disorders,
conflagrations, earthquakes, or other calamities
Art. 159 Other cases of evasion of service of sentence
- People v. Ponce de Leon, 56 Phil. 386
- Torres v. Gonzales, 152 SCRA 272
Art. 160 Commission of another crime during service of penalty
imposed for another previous offense
Art. 161 Counterfeiting the great seal of the Government of the
Philippine Islands, forging the signature or stamp of the Chief Executive
- Secs. 14 and 15, Chapt. 4, Book 1, E.O. No. 292
Art. 162 Using forged signature or counterfeit seal or stamp
Art. 163 Making and importing and uttering false coins
Art. 164 Mutilation of coins

Art. 165 Selling of false or mutilated coin, without connivance


Art. 166 Forging treasury or banknotes or other documents payable to
bearer; importing, and uttering such false or forged notes and
documents
Art. 167 Counterfeiting, importing, and uttering instruments not
payable to bearer
Art. 168 - Illegal possession and use of false treasury or bank notes and
other instruments of credit
- People v. Digoro, 16 SCRA 376
- Clemente v. People, 652 SCRA 382
Art. 169 How forgery is committed
Art. 170 Falsification of legislative documents
Art. 171 Falsification by public officer, employee or notary or
ecclesiastical minister
- Lastrilla v. Granda, 481 SCRA 324
- Galeos v. People, 642 SCRA 485
Art. 172 Falsification by private individuals and use of falsified
documents
Art. 173 Falsification of wireless, cable, telegraph, and telephone
messages, and use of said falsified messages
Art. 174 False medical certificates, false certificates of merit or service,
etc.
Art. 175 Using false certificates
Art. 176 Manufacturing and possession of instruments or implements
for falsification
Art. 177 Usurpation of authority or official functions
Art. 178 Using fictitious name and concealing true name
- R.A. No. 6085
Art. 179 Illegal use of uniforms or insignia
Art. 180 False testimony against a defendant

Art. 181 False testimony favorable to the defendant


Art. 182 False testimony in civil cases
Art. 183 False testimony in other cases and perjury in solemn
affirmation
Art. 184 Offering false testimony in evidence
Art. 185 Machinations in public auctions
Art. 186 Monopolies and combinations in restraint of trade
Art. 187 Importation and disposition of falsely marked articles or
merchandise made of gold, silver, or other precious metals or their
alloys
Art. 188 Substituting and altering trademarks, tradenames, or service
marks
Art. 189 Unfair competition, fraudulent registration of trade name,
trademark, or service mark, fraudulent designation of origin, and false
description
Arts. 190 to 194 Repealed by RA No. 6425, PD No. 1683, and RA No.
9165
Art. 195 to 199 Repealed or modified by PD Nos. 483, 449 and 1602
Art. 200 Grave scandal
Art. 201 Immoral doctrines, obscene publications and exhibitions, and
indecent shows
Art. 202 Vagrants and prostitutes
- People v. Siton, G.R. No. 169364, Sept. 18, 2009
- R.A. No. 10158
Art. 203 Who are public officers
- R.A. No. 3019, Sec. 2(b):
Art. 204 Knowingly rendering unjust judgment
Art. 205 Judgment rendered through negligence
Art. 206 Unjust interlocutory order
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Art. 207 Malicious delay in the administration of justice


Art. 208 Prosecution of offenses; negligence and tolerance
Art. 209 Betrayal of trust by an attorney or solicitor; Revelation of
secrets
Art. 210 Direct bribery
- R.A. No. 3019, Sec. 3(a), (b), (c), (d)
Art. 211 Indirect bribery
- P.D. No. 46
- Formilleza v. Sandiganbayan, 159 SCRA 1
- P.D. No. 749
Art. 211-A Qualified bribery
Art. 212 Corruption of public officials
Art. 213 Frauds against the public treasury and similar offenses
Art. 214 Other frauds
Art. 215 Prohibited transactions
Art. 216 Possession of prohibited interest by a public officer
Art. 217 Malversation of public funds or property Presumption of
malversation
- U.S. v. Wickersham, 20 Phil. 440
- U.S. v. Velasquez, 32 Phil.157
- People v. Sendaydiego, 81 SCRA 10
- Torres v. People, 656 SCRA 486
- Candao v. People, 659 SCRA 696
Art. 218 Failure of accountable officer to render accounts
Art. 219 Failure of responsible officer to render accounts before leaving
the country
Art. 220 Illegal use of public funds or property
Art. 221 Failure to make delivery of public funds or property
Art. 222 Officer included
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Art. 223 Conniving with or consenting to evasion


Art. 224 Evasion through negligence
Art. 225 Escape of prisoner under the custody of a person not a public
officer
Art. 226 Removal, concealment or destruction of documents
Art. 227 - Officer breaking seal
Art. 228 Opening of closed documents
Art. 229 Revelation of secrets by an officer
Art. 230 Public officer revealing secrets of private individual
Art. 231 Open disobedience
Art. 232 Disobedience to order of superior officer, when said order was
suspended by inferior officer
Art. 233 Refusal of assistance
Art. 234 Refusal to discharge elective office
Art. 235 Maltreatment of prisoners
Art. 236 Anticipation of duties of a public office
Art. 237 Prolonging performance of duties and powers
Art. 238 Abandonment of office or position
Art. 239 Usurpation of legislative powers
Art. 240 Usurpation of executive functions
Art. 241 Usurpation of judicial functions
Art. 242 Disobeying request for disqualification
Art. 243 Orders or requests by executive officers to any judicial
authority

Art. 244 Unlawful appointments


Art. 245 Abuses against chastity
Art. 246 - Parricide
Art. 247 Death or physical injuries inflicted under exceptional
circumstances
Art. 248 - Murder
- People v. Tomas, Sr., 643 SCRA 530
- People v. Estacio, 593 SCRA 426
- People v. Molina, 292 SCRA 742
Art. 249 Homicide
- Esqueda v. People, 589 SCRA 489
- Colinares v. People, 662 SCRA 266
- People v. Penesa, 81 Phil. 398
- People v. Castillo, 76 Phil. 72
- People v. Avecilla, 351 SCRA 635
- Celino v. CA, 526 SCRA 195
Art. 250 Penalty for frustrated parricide, murder, or homicide
Art. 251 Death caused in a tumultuous affray
Art. 256 Intentional abortion
Art. 257 Unintentional abortion
Art. 258 Abortion practiced by the woman herself or her parents
Art. 259 Abortion practiced by a physician or midwife and dispensing
of abortives
Art. 260 Responsibility of participants in a duel
Art. 261 Challenging to a duel
Art. 262 - Mutilation
Art. 263 Serious physical injuries
Art. 264 Administering injurious substances or beverages
Art. 265 Less serious physical injuries
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Art. 266 Slight physical injuries and maltreatment


Art. 266-A - Rape, when and how committed
- Art. 335, RPC
- R.A. No. 8353
- People v. Alfredo, 638 SCRA 749
- People v. Rellota, 626 SCRA 422
- People v. Apattad, 655 SCRA 335
- People v. Padua, 645 SCRA 744
- People v. Pruna, 390 SCRA 577
- People v. Abello, 582 SCRA 378
- People v. Garcia, 617 SCRA 318
- People v. Orita, 184 SCRA 105
Rape with homicide
- People v. Villaflores, G.R. No. 184926, April 11,2012
Art. 266-B - Penalties
- People v. Macapanas, 620 SCRA 54
Art. 266-C - Effect of pardon
Art. 266-D - Presumptions
Art. 267 Kidnapping and serious illegal detention
- People v. Uyboco, 640 SCRA 146
- People v. Montanir, 647 SCRA 170
- People vs. Baluya, 648 SCRA 708
- People v. Anticamara, 651 SCRA 489
- People v. Mirandilla, Jr., 654 SCRA 761
Art. 268 Slight illegal detention
Art. 269 Unlawful arrest
Art. 270 Kidnapping and failure to return a minor
Art. 271 Inducing a minor to abandon his home
Art. 272 - Slavery
Art. 273 Exploitation of child labor
Art. 274 Services rendered under compulsion in payment of debt

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Art. 275 Abandonment of persons in danger and abandonment of ones


own victim
Art. 276 Abandoning a minor
Art. 277 Abandonment of minor by person entrusted with his custody;
indifference of parents
Art. 278 Exploitation of minors
Art. 279 Additional penalties for other offenses
Art. 280 Qualified trespass to dwelling
Art. 281 Other forms of trespass
Art. 282 Grave threats
Art. 283 Light threats
Art. 284 Bond for good behavior
Art. 285 Other light threats
Art. 286 Grave coercions
- Alejandro v. Bernas, 657 SCRA 255
- Barbasa v. Tuquero, 575 SCRA 102
- Sy v. Secretary of Justice, 511 SCRA 92
Art. 287 Light coercions
Art. 288 Other similar coercions
Art. 289 Formation, maintenance, and prohibition of combination of
capital or labor through violence or threats
Art. 290 Discovering secrets through seizure of correspondence
Art. 291 Revealing secrets with abuse of office
Art. 292 Revelation of industrial secrets
Art. 293 Who are guilty of robbery
Art. 294 Robbery with violence against or intimidation of persons

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Art. 295 Robbery with physical injuries, committed in an uninhabited


place and by a band, or with the use of firearm on a street, road or alley
Art. 296 Definition of a band and penalty incurred by the members
thereof
Art. 297 Attempted and frustrated robbery committed under certain
circumstances
Art. 298 Execution of deeds by means of violence or intimidation
Art. 299 Robbery in an inhabited house or public building or edifice
devoted to worship
Art. 300 Robbery in an inhabited place and by a band
Art. 301 What is an inhabited house, public building, or building
dedicated to religious worship and their dependencies
Art. 302 Robbery in an uninhabited place or in a private building
Art. 303 Robbery of cereals, fruits or firewood in an uninhabited place
or private building
Art. 304 Possession of picklocks or similar tools
- People v. Lopez, 14 SCRA 30
Art. 305 - False keys
- People v. Lopez, 14 SCRA 30
Art. 306 Who are brigands
Art. 307 Aiding and abetting a band of brigands
Art. 308 Who are liable for theft
There is no crime of frustrated theft
- Valenzuela vs. People, 525 SCRA 306
Art. 309 - Penalties
Art. 310 Qualified theft
Art. 311 Theft of the property of the National Library and National
Museum

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Art. 312 Occupation of real property or usurpation of real rights in


property
Art. 313 Altering boundaries or landmarks
Art. 314 Fraudulent insolvency
Art. 315 Swindling (estafa)
- People v. Manansala, 58 Phil. 796
- U.S. v. Abad, 23 Phil. 504
- U.S. v. De Vera, 43 Phil. 1001
- People v. Concepcion, 44 Phil. 544
- Lateo v. People, 651 SCRA 262
- People v. Lo, 577 SCRA 116
- People v. Montaner, 656 SCRA 605
- People v. Cardenas, 578 SCRA 308
- People v. Abordo, 588 SCRA 148
- People v. Wagas, G.R. No. 157943, Sept. 4, 2013
- P.D. No. 818
- B.P. Blg. 22
- P.D. No. 115
Conviction for estafa does not bar conviction for illegal recruitment
under the Labor Code; prescribed penalty for estafa
- People vs. Temporada, 574 SCRA 258
Art. 316 Other forms of swindling
Art. 317 Swindling a minor
Art. 318 Other deceits
- People v. Ganasi, 61 O.G. 3604
Art. 319 Removal, sale or pledge of mortgage property
- U.S. v. Rimon, 23 Phil. 13

Art. 320 Destructive Arson


- P.D. No. 1613
- P.D. No. 1744
- R.A. No. 7659 (repealed by R.A. No. 9346, which abolished the
death penalty)
- People v. Murcia, 614 SCRA 741
- People v. Baluntong, 615 SCRA 455
- U.S. v. Go Foo Suy, 25 Phil. 187
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People v. de Leon, 580 SCRA 617

Art. 327 Who are liable for malicious mischief


- Taguinod v. People, 659 SCRA 23
Art. 328 Special cases of malicious mischief
Art. 329 Other mischief
Art. 330 Damage and obstruction to means of communication
Art. 331 Destroying or damaging statues, public monuments or
paintings
Art. 332 Persons exempt from criminal liability
Art. 333 Who are guilty of adultery
Art. 334 - Concubinage
Art. 336 - Acts of lasciviousness
- People v. Collado, 60 Phil. 610
- People v. Buenafe, 99 Phil. 306
- Tibong v. People, 630 SCRA 639
- People v. Bon, 396 SCRA 506
People v. Rellota, 626 SCRA 422
Art. 337 Qualified seduction
Art. 338 Simple seduction
Art. 339 Acts of lasciviousness with the consent of the offended party
Art. 340 Corruption of minors
Art. 341 White slave trade

Art. 342 Forcible abduction


- U.S. v. De Vivar, 29 Phil. 451
- People v. Ramirez, 39 Phil. 738
- People v. Crisostomo, 46 Phil. 775
- People v. Garcia, 378 SCRA 266
- People v. Toledo, 83 Phil. 777

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Art. 343 Consented abduction


- U.S. v. Reyes, 20 Phil. 510
- People v. Amante, 49 Phil. 679
Art. 344 Prosecution of crimes of adultery, concubinage, seduction,
abduction, rape, and acts of lasciviousness
- Samilin v. Court of First Instance, 57 Phil. 298
- Pilapil v. Ibay-Somera, 174 SCRA 653
Art. 345 Civil liability of persons guilty of crimes against chastity
Art. 346 Liability of ascendants, guardians, teachers, or other persons
entrusted with the custody of the offended party
Art. 347 Simulation of births, substitution of one child for another, and
concealment or abandonment of a legitimate child
- cf. Art. 276, RPC
- U.S. v. Capillo, 30 Phil. 355
Art. 348 Usurpation of civil status
Art. 349 - Bigamy
- Teves v. People, 656 SCRA 307
- Nollora, Jr. v. People, 657 SCRA 330
- Tenebro v. Court of Appeals, 423 SCRA 272
- People v. Nepomuceno, Jr. 64 SCRA 518
Art. 350 Marriage contracted against provisions of law
Art. 351 Premature marriages
- U.S. v. Dulay, 10 Phil. 305
Art. 352 Performance of illegal marriage ceremony
- cf. Art. 177, RPC
- U.S. v. San Juan, 25 Phil. 513
Art. 353 Definition of libel
- Lopez v. People, 642 SCRA 668
Imposition of fine instead of imprisonment
- Lagaya v. People, 677 SCRA 478
Art. 354 Requirement for publicity
Art. 355 Libel by means of writings or similar means

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Art. 356 - Threatening to publish and offer to prevent such publication


for a compensation
Art. 357 Prohibited publication of acts referred to in the course of
official proceedings
Art. 358 - Slander
Art. 359 Slander by deed
Art. 360 Persons responsible
Art. 361 Proof of the truth
Art. 362 Libelous remarks
Art. 363 Incriminating innocent person
Art. 364 Intriguing against honor
Art. 365 Imprudence and negligence
- Buerano v. Court of Appeals, 200 Phil. 486 (1982)
- People v. City Court of Manila, 206 Phil. 555 (1983)
- Ivler v. San Pedro, G.R. No. 172716, Nov. 17, 2010
Art. 366 Application of laws enacted prior to RPC
P.D. No. 1866, as amended
B.P. Blg. 22 (Bouncing Checks Law)
- Azarcon v. People, 622 SCRA 341

R.A.
-

No. 3019 (Anti-Graft and Corrupt Practices Act)


Cadiao-Palacios v. People, 582 SCRA 713
Go vs. Fifth Division, Sandiganbayan, 585 SCRA 404
M.A. Jimenez Enterprises, Inc. vs. Ombudsman, 650 SCRA 381
- Sison v. People, 614 SCRA 670 (2010); Respicio v. People, 650
SCRA 573
- Alvarez v. People, 653 SCRA 52
- People v. Hon. Sandiganbayan, G.R. No. 188165, Dec. 11, 2013
R.A. No. 7610 (The Child Abuse Law)
- People v. Abello, 582 SCRA 378
- Sanchez v. People, 588 SCRA 747
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R.A.
-

No. 9165 (The Dangerous Drugs Act of 2002)


Chain of custody rule
People v. Abdul, G.R. No. 186137, June 26, 2013
People v. Lorena, 639 SCRA 139
People v. Gatlabayan, 653 SCRA 803
People v. Alcuizar, 647 SCRA 431
People v. Unisa, 658 SCRA 305
People v. Castro, 652 SCRA 393

R.A. No. 9262 (The Violence Against Women and Their Children Act)
- People v. Genosa, 341 SCRA 493
- Del Socoro v. Van Wilsem, G.R. No. 193707, Dec. 10, 2014
R.A. 9372 (The Human Security Act of 2007)

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