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CRIMINAL LAW 2 FINALS

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INTENT ACT RESULT INJURY & PENALTY

CRIMES AGAINST PERSONS


246. PARRICIDE
Elements:
1) PERSON is KILLED
2) DECEASED is KILLED BY ACCUSED
3) DECEASED is RELATED TO ACCUSED:
- (IL) LEGIT PARENT/CHILD
- LEGIT other ASCENDANT/DESCENDANT
- LEGIT SPOUSE
PARRICIDE
- based on RELATIONSHIP
- committed only by
RELATIVES enumerated
- CONSPIRACY
INAPPLICABLE. Separate
info must be filed
- concealing mothers
dishonor not a mitigating
circumstance

INFANTICIDE
- based on AGE OF CHILD
- may be committed by
STRANGERS
- CONSPIRACY
APPLICABLE. Only one info
filed
- concealing mothers
dishonor is mitigating

+ RELATIONSHIP MUST BE ALLEGED IN INFO


LEGIT except for parent and child
DIRECT LINE
BY BLOOD except for spouse
247. DEATH OR PHYSICAL INJURIES INFLICTED
UNDER EXCEPTIONAL CIRCUMSTANCES
Reqts:
1) LEGALLY MARRIED PERSON/PARENT SURPRISES
SPOUSE/DAUGHTER (latter under 18 and living w/ parent)
IN ACT OF COMMITTING SEXUAL INTERCOURSE W/
ANOTHER PERSON
2) S/he KILLS ANY OR BOTH OR INFLICTS upon any or
both SERIOUS PHYSICAL INJURY IN THE ACT OR
IMMEDIATELY THEREAFTER
3) S/he HASNT PROMOTED OR FACILITATED
PROSTITUTION of wife/daughter, or HASNT
CONSENTED TO other spouses INFIDELITY
+ Destierro imposed for the protection of the accused
against retaliation
+ DEATH caused must be the PROXIMATE RESULT OF
OUTRAGE OVERWHELMING the ACCUSED. Killing
shouldve been actually motivated by the same blind
impulse KILLING DIRECT BY-PRODUCT OF
ACCUSEDS RAGE
+ ACCUSED LIABLE for consequence of his
NEGLIGENCE, such as when 3RD PERSONS IN THE
VICINITY ARE HURT IN THE COURSE
248. MURDER
+ Unlawful KILLING of any person which ISNT
PARRICIDE OR INFANTICIDE, provided any of the
enumerated circumstances is present
Elements:
1) PERSON was KILLED
2) ACCUSED KILLED PERSON
3) KILLING ATTENDED BY ANY OF FF. QUALIFYING
CIRCUSTANCES:

- TREACHERY, taking advantage of SUPERIOR


STRENGTH, w/ AID OF ARMED MEN, employing means
to afford IMPUNITY
- In consideration of PRICE, REWARD, PROMISE
- By means of inundation, FIRE, ETC. or any other means
involving great waste and ruin
- On occasion of any PUBLIC CALAMITY
- W/ EVIDENT PREMEDITATION
- W/ CRUELTY, or OUTRAGING OR SCOFFING AT VICS
PERSON OR CORPSE
4) Killing ISNT PARRICIDE OR INFANTICIDE
+ CIRCUMSTANCES must be ALLEGED IN INFO &
PROVED IN TRIAL
+ INTENT TO KILL NEEDED to be liable for par. 3 (fire,
poison, explosion, etc.)
+ KILLING & ___ = ___
RELATIONSHIP, PARRICIDE
QUALIFYING CIRCUMSTANCE, MURDER
NOT > 3 DAYS OLD, INFANTICIDE
+ Treachery purposeful adoption of means such that
victim couldnt have anticipated and he wasnt in a position
to defend himself
+ Price, reward, promise (at least 2 are liable) mustve
been the motivation for the killing
+ Evident premeditation intent to do something & planned
result
+ Inundation, fire, poison latter is something capable of
causing death & evinces purposeful adoption of means
+ Calamity mustve facilitated the commission of the
crime by concealing it as its done; take advantage of
confusion
+ Cruelty inflict unnecessary injuries (doesnt cause
death); prolonging the agony before killing
249. HOMICIDE
+ Unlawful KILLING of any person W/C DOESNT
CONSTITUTE PARRICIDE, MURDER, OR INFANTICIDE
Elements:
1) PERSON was KILLED
2) ACCUSED KILLED HIM W/O ANY JUSTIFYING
CIRCUMSTANCE
3) Accused had INTENTION TO KILL, w/c is PRESUMED
4) Killing WASNT ATTENDED BY ANY OF QUALIFYING
CIRCUMSTANCES OF MURDER, OR by that of
PARRICIDE OR INFANTICIDE
+ EVIDENCE OF INTENT TO KILL IMPORTANT only IN
ATTEMPTED OR FRUSTRATED HOMICIDE
+ INTENT TO KILL usually shown by WEAPON USED
AND NATURE & LOCATION OF WOUND
+ Theres a presumption of intention to kill
+ USE OF UNLICENSED FIREARM is an AGGRAVATING
CIRCUMSTANCE in homicide
+ ACCIDENTAL HOMICIDE: death of a person brought
about by a lawful act performed with proper care and skill,
and without homicidal intent
250. PENALTY FOR FRUSTRATED PARRICIDE,
MURDER OR HOMICIDE
251. DEATH CAUSED IN A TUMULTUOUS AFFRAY
Elements:
1) SEVERAL PERSONS

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2) DIDNT COMPOSE GROUPS ORGANIZED FOR


ASSAULTING & ATTACKING EACH OTHER reciprocally
3) PERSONS QUARRELLED & ASSAULTED ONE
ANOTHER IN CONFUSED & TUMULTUOUS MANNER
4) SOMEONE was KILLED in course of affray
5) CANT BE ASCERTAINED WHO KILLED DECEASED
6) PERSONS WHO INFLICTED SERIOUS PHYSICAL
INJURIES OR USED VIOLENCE CAN BE IDENTIFIED
+ Per 153: TUMULTUOUS = AT LEAST 4 PERSONS
TOOK PART
+ Those who used violence only upon vics person are
liable for 251 only if it cant be determined who inflicted the
serious physical injuries on the deceased
252. PHYSICAL INJURIES INFLICTED IN A
TUMULTUOUS AFFRAY
Elements:
1) TUMULTUOUS AFFRAY
2) PARTICIPANT/S SUFFER (LESS) SERIOUS
PHYSICAL INJURIES
3) PERSON RESPONSIBLE CANT BE IDENTIFIED
4) ALL those WHO APPEAR TO HAVE USED VIOLENCE
UPON PERSON OF OFFENDED PARTY are KNOWN
253. GIVING ASSISTANCE TO SUICIDE
Punished acts:
1) ASSISTING ANOTHER TO COMMIT SUICIDE,
WHETHER suicide is CONSUMMATED OR NOT
2) LENDING his ASSISTANCE TO ANOTHER TO
COMMIT SUICIDE TO the EXTENT OF DOING THE
KILLING HIMSELF
+ NECESSARY that the INITIATIVE COMES FROM SICK
PERSON WHAT IS PUNISHED IS ASSISTANCE IN the
COMMISSION OF SUICIDE
+ PERSON WHO ATTEMPTS to commit SUICIDE NOT
CRIMINALLY LIABLE
254. DISCHARGE OF FIREARMS
Elements:
1) ACCUSED SHOT AT ANOTHER person W/ A FIREARM
2) Accused had NO INTENTION TO KILL
+ OFFENDERS PURPOSE: INTIMIDATE OR FRIGHTEN
OFFENDED PARTY
255. INFANTICIDE
+ KILLING OF any CHILD LESS THAN 3 DAYS OLD
Elements:
1) CHILD was KILLED
2) DECEASED child was < 3 DAYS (72 HRS) OF AGE
3) ACCUSED KILLED SAID CHILD
+ BASIS of crime: AGE OF CHILD
+ ONLY THE MOTHER & MATERNAL GRANDPARENTS
OF THE CHILD are ENTITLED TO the MITIGATING
CIRCUMSTANCE OF CONCEALING THE DISHONOR
256. INTENTIONAL ABORTION
Elements:
1) PREGNANT WOMAN
2) ONE OF THE FF:
- VIOLENCE is EXERTED
- DRUGS/BEVERAGES ADMINISTERED W/O WOMANS
CONSENT

- ACCUSED ACTS UPON SUCH PREGNANT WOMAN W/


HER CONSENT
3) As a RESULT OF #2, FETUS DIES, ETIHER IN THE
WOMB OR AFTER HAVING BEEN EXPELLED
THEREFROM
4) ABORTION is INTENDED
+ PERSON WHO INTENTIONALLY CAUSED ABORTION
LIABLE. If WOMAN CONSENTED, SHES LIABLE UNDER
258
+ If FETUS could SUSTAIN INDEPENDENT LIFE AFTER
ITS SEPARATION FROM the MATERNAL WOMB, AND
ITS KILLED, crime is INFANTICIDE
257. UNINTENTIONAL ABORTION
Elements:
1) PREGNANT WOMAN
2) VIOLENCE USED UPON SUCH PREGNANT WOMAN
W/O INTENDING AN ABORTION
3) VIOLENCE is INTENTIONALLY EXERTED
4) As a RESULT OF VIOLENCE THE FETUS DIES, either
IN THE WOMB OR AFTER HAVING BEEN EXPELLED
THEREFROM
+ Violence is used without intending abortion
+ May be COMMITTED BY STRANGERS
+ NO INTENTION TO CAUSE ABORTION + NO
VIOLENCE = NO ABORTION OF ANY KIND. Cant be
unintentional abortion because no violence was used
258. ABORTION PRACTICED BY THE WOMAN
HERSELF OR BY HER PARENTS
Elements:
1) PREGNANT WOMAN WHO SUFFERED an ABORTION
2) ABORTION is INTENDED
3) ABORTION is CAUSED BY
- PREGNANT WOMAN herself
- ANY OTHER PERSON, W/ HER CONSENT
- ANY OF HER PARENTS, W/ HER CONSENT FOR the
purpose of CONCEALING HER DISHONOR
+ NO MITIGATION FOR PREGNANT WOMANS
PARENTS unlike in infanticide
259. ABORTION PRACTICED BY A PHYSICIAN OR
MIDWIFE AND DISPENSING OF ABORTIVES
Elements:
1) PREGNANT WOMAN WHO SUFFERED an ABORTION
2) ABORTION is INTENDED
3) OFFENDER, whos a PHYSICIAN OR MIDWIFE,
CAUSED OR ASSISTED IN CAUSING the ABORTION
4) Said PHYSICIAN/MIDWIFE TOOK ADVANTAGE OF
HIS/HER SCIENTIFIC KNOWLEDGE/SKILL
As to pharmacists:
1) Offender is a PHARMACIST
2) NO PROPER PRESCRIPTION FROM a PHYSICIAN
3) Offender DISPENSES ANY ABORTIVE
260. RESPONSIBILITY OF PARTICIPANTS IN A DUEL
Punished acts:
1) KILLING ones ADVERSARY IN A DUEL
2) INFLICTING UPON such ADVERSARY PHYSICAL
INJURIES
3) MAKING A COMBAT although no physical injuries have
been inflicted

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Persons liable:
1) PERSON WHO KILLED OR INFLICTED PHYSICAL
INJURIES UPON HIS ADVERSARY, OR BOTH
COMBATANTS IN ANY OTHER CASE, as principals
2) SECONDS, as accomplices
261. CHALLENGING TO A DUEL
Punished acts:
1) CHALLENGING ANOTHER TO A DUEL
2) INCITING ANOTHER TO GIVE OR ACCEPT a
CHALLENGE TO A DUEL
3) SCOFFING AT OR DECRYING ANOTHER PUBLICLY
FOR HAVING REFUSED TO ACCEPT A CHALLENGE TO
FIGHT A DUEL
+ Immediate vindication of ones honor
+ Prohibited its an extralegal means of resolving
disputes; contravention of the justice system
262. MUTILATION
+ LOPPING OR CLIPPING OFF OF SOME BODY PART
Punished acts and elements:
1) INTENTIONALLY MUTILATING ANOTHER BY
DEPRIVING HIM, TOTALLY OR PARTIALLY, OF some
ESSENTIAL ORGAN FOR REPRODUCTION
a) CASTRATION (mutilation of organs necessary
for generation, such as the penis or ovarium)
b) MUTILATION is CAUSED PURPOSELY &
DELIBERATELY, that is, to deprive offended party of some
essential organ for reproduction
2) INTENTIONALLY MAKING OTHER MUTILATION, other
than the essential reproductive organ, TO DEPRIVE HIM
OF THAT PART OF HIS BODY
a) MUTILATION INVOLVING BODY PART
OTHER THAN an ORGAN FOR REPRODUCTION
b) MUTILATION DONE w/ deliberate purpose of
DEPRIVING A PERSON OF THAT BODY PART
263. SERIOUS PHYSICAL INJURIES
How committed:
1) Wounding
2) Beating
3) Assaulting
4) Administering injurious substance
Classes
1) Injured person becomes INSANE, IMBECILE,
IMPOTENT, OR BLIND
2) Injured person
a) LOSES USE OF SPEECH OR POWER TO
HEAR/SMELL, OR LOSES EYE/HAND/FOOT/ARM/LEG
b) LOSES USE OF ANY SUCH MEMBER
c) Becomes INCAPACITATED FOR WORK he
was HABITUALLY ENGAGED
3) Injured person
a) DEFORMED
b) LOSES ANY OTHER MEMBER OF HIS BODY
c) LOSES USE THEREOF
d) Becomes ILL OR INCAPACITATED FOR
PERFORMANCE OF WORK he was HABITUALLY
ENGAGED IN FOR >90 DAYS
4) Becomes ILL OR INCAPACITATED FOR LABOR FOR
30x90 DAYS as a result of physical injuries inflicted

+ Must be NO INTENT TO KILL. If theres intent to kill, the


crime is attempted or frustrated homicide/murder
+ Serious physical injuries by EXCESSIVE
CHASTISEMENT BY PARENTS arent qualified
264. ADMINISTERING INJURIOUS SUBSTANCES OR
BEVERAGES
Elements:
1) OFFENDER INFLICTED any SERIOUS PHYSICAL
INJURY UPON ANOTHER
2) Done by KNOWINGLY ADMINISTERING TO HIM any
INJURIOUS SUBSTANCES OR BEVERAGES OR BY
TAKING ADVANTAGE OF his WEAKNESS OF MIND OR
CREDULITY
3) Had NO INTENT TO KILL
265. LESS SERIOUS PHYSICAL INJURIES
Elements:
1) OFFENDED PARTY INCAPACITATED FOR LABOR OR
NEEDS MEDICAL ASSISTANCE FOR 10x<30 DAYS
2) PHYSICAL INJURIES NOT THOSE DESCRIBED IN
PRECEDING ARTS.
Qualified less serious physical injuries when:
1) Theres MANIFEST INTENT TO INSULT OR OFFEND
INJURED PERSON
2) Vic is either
a) Offenders PARENTS, ASCENDANTS,
GUARDIANS, CURATORS, OR TEACHERS
b) Persons OF RANK OR IN AUTHORITY,
PROVIDED the CRIME ISNT DIRECT ASSAULT
266. SLIGHT PHYSICAL INJURIES AND
MALTREATMENTS
Punished acts:
1) Physical injuries w/c INCAPACITATED OFFENDED
PARTY FOR LABOR OR REQUIRED MEDICAL
ATTENDANCE FROM 1x9 DAYS
2) Physical injuries w/c DIDNT PREVENT OFFENDED
PARTY FROM ENGAGING IN HABITUAL WORK OR
DIDNT REQUIRE MEDICAL ATTENDANCE
3) ILL-TREATMENT OF ANOTHER BY DEED W/O
CAUSING ANY INJURY
+ Its only slight physical injury when theres no medical
attendance or incapacity for labor
+ ONLY SLIGHT PHYSICAL INJURIES when theres NO
EVIDENCE OF ACTUAL INJURY
RA 8049 HAZING REGULATION ACT
+ Hazing: INITIATION rite or practice AS PREREQUISITE
FOR ADMISSION INTO membership in a
FRAT/SORO/ORG BY PLACING the APPLICANT IN
SOME EMBARRASSING OR HUMILIATIONS OR
otherwise subjecting him to PHYSICAL OR
PSYCHOLOGICAL SUFFERING OR INJURY
+ ORGANIZATION includes any club of the AFP, PNP,
PMA, OR officer & cadet corps of CMT or CAT
+ VIOLATIONS (if person subjected to hazing or other
forms of initiation rites suffers any physical injury or dies as
a result thereof) are MALA IN SE
+ Enacted to address violent hazing incidents in schools
+ Solution is more psycho-social than legal

+ MAY BE COMMITTED BY RECKLESS IMPRUDENCE,


OR by SIMPLE IMPRUDENCE OR NEGLIGENCE
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RA 8353 ANTI-RAPE LAW OF 1997


+ Reclassified rape as a CRIME AGAINST PERSONS.
Implications:
1) Its now a PUBLIC CRIME, W/C MAY BE
PROSECUTED EVEN W/O INITIATIVE OF OFFENDED
PARTY
2) May be COMMITTED EVEN AGAINST MALES which
wasnt the case in crimes against chastity
3) There is now an IMPOSSIBLE CRIME OF RAPE
because impossible crimes can only be committed against
persons [and property]
+ What the nature or context of sexual abuse is: POWER
+ Gap in the law what if the woman commits act on the
man? Presumption of law is theres no sexual intercourse
unless theres cooperation or willingness on the part of the
man
266-A. RAPE, WHEN AND HOW COMMITTED
Par. 1 Elements:
1) Offender is a MAN
2) Offender HAD CARNAL KNOWLEDGE OF A WOMAN
3) Such ACT is ACCOMPLISHED UNDER ANY OF THE
FF. circumstances:
a) BY using FORCE OR INTIMIDATION
b) When the WOMAN is DEPRIVED OF REASON
OR otherwise UNCONSCIOUS
c) BY means of FRAUDULENT MACHINATION
OR GRAVE ABUSE OF AUTHORITY
d) When the WOMAN is UNDER 12 YRS OF AGE
OR DEMENTED
Par. 2 Elements:
1) Offender commits ACT OF SEXUAL ASSAULT
2) ACT of sexual assault is COMMITTED BY ANY OF THE
FF. MEANS:
a) BY INSERTING HIS PENIS INTO ANOTHERS
MOUTH OR ANAL ORIFICE
b) BY INSERTING ANY INSTRUMENT OR
OBJECT INTO THE GENITAL OR ANAL ORIFICE OF
ANOTHER person
3) ACT of sexual assault ACCOMPLISHED UNDER ANY
OF THE FF. circumstances:
a) BY using FORCE OR INTIMIDATION
b) When the WOMAN is DEPRIVED OF REASON
OR otherwise UNCONSCIOUS
c) BY means of FRAUDULENT MACHINATION
OR GRAVE ABUSE OF AUTHORITY
d) When the WOMAN is UNDER 12 YRS OF AGE
OR DEMENTED
+ FORCE EMPLOYED against victim NEED NOT BE OF
SUCH CHARACTER AS COULD BE RESISTED.
Prosecution must prove that force or intimidation was
actually employed by the offender upon his victim to
achieve his end.
266-B. PENALTIES
AGGRAVATING/QUALIFYING CIRCUMSTANCES
DEATH PENALTY
1) VIC IS UNDER 18 YRS OLD and ACCUSED IS A
RELATIVE (parent, ascendant, step-parent, guardian,
relative by consanguinity or affinity w/in 3rd civil degree, or
common-law spouse of victims parent)
2) VIC IS UNDER POLICE OR MILITARY (or law
enforcement or penal institution) CUSTODY

3) COMMITTED IN FULL VIEW of spouse, parent, any of


the children or other relatives within the 3rd civil degree of
consanguinity
4) VIC IS ENGAGED IN LEGIT RELIGIOUS VOCATION or
calling and is PERSONALLY KNOWN TO BE SUCH BY
OFFENDER BEFORE OR AT THE TIME OF
COMMISSION of the crime
5) VIC is a CHILD BELOW 7 YRS OF AGE
6) OFFENDER KNOWS HES AFFLICTED W/ HIV/AIDS
OR OTHER STD AND DISEASE IS TRANSMITTED TO
THE VIC
7) COMMITTED BY MEMBER OF AFP, PNP, OR ANY
LAW ENFORCEMENT AGENCY OR PENAL
INSTITUTION, when OFFENDER TOOK ADVANTAGE OF
HIS POSITION TO FACILITATE COMMISSION of the
crime
8) By reason or on occasion of the rape, VIC SUFFERED
PERMANENT PHYSICAL MUTILATION OR DISABILITY
9) OFFENDER KNEW of VICS PREGNANCY AT THE
TIME OF COMMISSION of the crime
10) OFFENDER KNEW of MENTAL DISABILITY,
EMOTIONAL DISORDER, AND/OR PHYSICAL
HANDICAP OF OFFENDED PARTY AT THE TIME OF
COMMISSION of the crime
QUALIFYING CIRCUMSTANCES RECLUSION
PERPETUA
1) USE OF DEADLY WEAPON OR BY 2 OR MORE
PERSONS
2) VIC BECOMES INSANE on the occasion or by reason of
the rape
3) RAPE IS ATTEMPTED & HOMICIDE IS COMMITTED
by reason or on the occasion thereof
+ RELATIONSHIP & MINORITY (treated as special
qualifying circumstances) MUST BE ALLEGED IN INFO
+ IMPERATIVE UPON PROSECUTION TO ESTABLISH
that the element of VOLUNTARINESS ON PART OF
VICTIM BE ABSOLUTELY LACKING
+ Crime of RAPE ABSORBS FORCIBLE ABDUCTION
WHERE ACCUSED INTENDED AT VERY OUTSET TO
RAPE VIC WHEN HE ABDUCTED HER
+ Info must allege the circumstance/s
266-C. EFFECT OF PARDON
1) SUBSEQUENT MARRIAGE BET. OFFENDER &
OFFENDED PARTY EXTINGUISHES CRIMINAL ACTION
OR PENALTY IMPOSED
2) SUBSEQUENT FORGIVENESS BY THE WIFE, IN
CASE LEGAL HUSBAND IS THE OFFENDER,
EXTINGUISHES CRIMINAL ACTION OR PENALTY,
UNLESS MARRIAGE IS VOID AB INITIO
+ All elements for valid marriage should be present
266-D. PRESUMPTIONS
EVIDENCE which may be ACCEPTED IN PROSECUTION
of rape:
1) ANY PHYSICAL OVERT ACT MANIFESTING
RESISTANCE AGAINST THE act of RAPE IN ANY
DEGREE FROM the OFFENDED PARTY
2) Where OFFENDED PARTY IS SO SITUATED AS TO
RENDER HIM/HER INCAPABLE OF GIVING CONSENT
+ DIFFERENCE bet. RAPE and ACTS OF
LASCIVIOUSNESS = PERPETRATORS INTENT

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DEDUCIBLE FROM EXTERNAL ACTS. When the


touching of the vagina by offenders penis is coupled w/
intent to penetrate, attempted rape is committed.
Otherwise, its merely acts of lasciviousness.
+ Term OBJECT SHOULD BE CONSTRUED TO
INCLUDE FINGER
RA 9262 ANTI-VAWC
+ Kinds of violence against women and their children
Economic
Physical
Psychological
Sexual
+ Remedies
Criminal
Protection order (barangay, temporary,
permanent)
+ Barangays and courts directed not to settle the case
PROTECT, BUT DONT TRY TO COMPEL SETTLEMENT
+ BWS NOW A DEFENSE
+ Gay relationships not included
+ No requirement to address disadvantages suffered by
men

if such 3rd person is a policeman, the second


crime will be direct assault w/ homicide
+ Where the TAKING OF the VIC was INCIDENTAL to the
basic purpose to kill, the crime is only murder
+ DIFFERENCE BET. KIDNAPPING AND FORCIBLE
ABDUCTION = PRESENCE/ABSENCE OF LEWD
DESIGNS. Kidnapping w/ rape is a composite crime if the
victim kidnapped was also raped provided INTENTION IS
TO KIDNAP AND RAPE IS A MERE AFTERTHOUGHT. IF
RAPE WAS THE INTENTION, the KIDNAPPING WILL BE
ABSORBED because its the means to commit the rape.
+ a) RAPE only if ORIGINAL INTENT IS RAPE, even if the
victim was taken away
b) KIDNAPPING W/ RAPE if ORIGINAL INTENT IS TO
KIDNAP & RAPE WAS merely AN AFTERTHOUGHT
c) FORCIBLE ABDUCTION W/ RAPE if TAKING WAS W/
LEWD DESIGN & RAPE WAS COMMITTED
d) KIDNAPPING AND ATTEMPTED RAPE if the rape in b)
was merely attempted
e) FORCIBLE ABDUCTION only if the rape in c) was
merely attempted
KIDNAPPING W/ RAPE

CRIMES AGAINST PERSONAL LIBERTY AND


SECURITY
267. KIDNAPPING AND SERIOUS ILLEGAL DETENTION
Elements:
1) OFFENDER is a PRIVATE INDIVIDUAL
2) KIDNAPS OR DETAINS ANOTHER, or in any other
manner DEPRIVES THE LATTER OF HIS LIBERTY
3) ACT of kidnapping or detention must be ILLEGAL
4) WHAT MAKES IT SERIOUS ILLEGAL DETENTION
a) Kidnapping LASTS FOR MORE THAN 3 DAYS
b) It is COMMITTED SIMULATING PUBLIC
AUTHORITY
c) Any SERIOUS PHYSICAL INJURIES ARE
INFLICTED UPON PERSON KIDNAPPED OR DETAINED
OR THREATS TO KILL ARE MADE
d) Person detained is a MINOR, FEMALE, OR a
PUBLIC OFFICER
+ ESSENTIAL ELEMENT: DEPRIVATION OF VICS
LIBERTY loss of freedom of liberty (mobility,
communication, etc.)
+ ABSENT SUCH determinant intent and duration of
restraint, MERE CURTAILMENT OF FREEDOM OF
MOVEMENT would AT MOST constitute COERCION
+ May be committed by transporting the victim from one
place to another or merely detaining him
+ Important to DETERMINE AND PROVE FACT OF
SEIZURE
+ RANSOM: payment that releases from captivity
+ Spanish text is controlling in cases of conflict with English
version
+ Killing, rape or physical injuries are not separate crimes
in themselves but are circumstances which convert the
kidnapping into special complex crimes for the imposition of
the maximum penalty
+ RULE: Where person kidnapped is killed in the course of
detention, regardless of whether the killing was purposely
sought or merely an afterthought, the kidnapping and
murder shall be punished as a special complex crime
+ If in kidnapping the one killed was not the victim but a
third person, there will be 2 separate offenses

Crime is COMPOSITE if
woman kidnapped is also
raped
NO lewd design
Rape merely a
QUALIFYING circumstance
Multiple rapes = ONLY ONE
kidnapping w/ rape; others
are AGGRAVATING
Rape merely ATTEMPTED
2 SEPARATE CRIMES,
kidnapping and attempted
rape

FORCIBLE ABDUCTION
W/ RAPE
Crime is COMPLEX since
forcible abduction is a
necessary means to commit
the rape
There is LEWD DESIGN
Rape here ALSO A CRIME
Multiple rapes = ONLY ONE
RAPE COMPLEXED w/
forcible abduction. Other
rapes treated as
SEPARATE CRIMES
Rape merely ATTEMPTED
ONLY FORCIBLE
ABDUCTION; ATTEMPT to
rape merely a
MANIFESTATION of lewd
design

268. SLIGHT ILLEGAL DETENTION


Elements:
1) OFFENDER is a PRIVATE INDIVIDUAL
2) KIDNAPS OR DETAINS ANOTHER, or in any other
manner DEPRIVES THE LATTER OF HIS LIBERTY
3) ACT of kidnapping or detention must be ILLEGAL
4) Crime is COMMITTED W/O ATTENDANCE OF ANY
CIRCUMSTANCES ENUMERATED IN 267
+ VOLUNTARY RELEASE CAN MITIGATE PROVIDED 3
REQUISITES ARE PRESENT:
1) RELEASE MADE W/IN 3 DAYS FROM
COMMENCEMENT OF DETENTION
2) BEFORE CRIMINAL PROSECUTION HAS BEEN
COMMENCED
3) BEFORE OFFENDER ACCOMPLISHED HIS
PURPOSE
+ ACCOMPLICE WHO FURNISHED PLACE OF
DETENTION is given SAME PENALTY AS THE
PRINCIPAL

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269. UNLAWFUL ARREST


Elements:
1) Offender ARRESTS OR DETAINS ANOTHER person
2) PURPOSE of offender is to DELIVER HIM TO PROPER
AUTHORITIES
3) ARREST OR DETENTION is NOT AUTHORIZED BY
LAW OR there is NO REASONABLE GROUND therefore
+ Not under circumstances in Rule 113 of Rules of Court
on valid warrantless arrests
+ If OFFENDER DIDNT TURN OVER ARRESTED TO
JUDICIAL AUTHORITIES = kidnapping
+ If PUBLIC OFFICER FALSELY IMPUTES CRIME
AGAINST A PERSON TO ARREST HIM & DOESNT FILE
OR INTEND TO FILE A CHARGE = arbitrary detention
through unlawful arrest
270. KIDNAPPING AND FAILURE TO RETURN A MINOR
Elements:
1) Offender is ENTRUSTED W/ CUSTODY OF MINOR
person
2) DELIBERATELY FAILS TO RESTORE SAID MINOR TO
HIS PARENTS OR GUARDIANS
+ What is penalized is the deliberate failure of custodian of
minor to restore latter to his parents or guardians such
deliberate failure must also be persistent as to oblige
parents/guardians to seek aid of courts to obtain custody.
+ DELIBERATE: something more than mere negligence;
must be premeditated, obstinate, headstrong, foolishly
daring or intentionally and maliciously wrong
271. INDUCING A MINOR TO ABANDON HIS HOME
Elements:
1) MINOR (whether OVER OR ABOVE 7 years of age) is
LIVING IN the HOME OF HIS PARENTS OR GUARDIANS
OR PERSON ENTRUSTED W/ HIS CUSTODY
2) Offender INDUCES SAID MINOR TO ABANDON SUCH
HOME
+ Consider w/ 9208 Anti-Trafficking in Persons
272. SLAVERY
Elements:
1) Offender PURCHASES, SELLS, KIDNAPS OR
DETAINS A HUMAN BEING
2) PURPOSE of offender IS TO ENSLAVE SUCH HUMAN
BEING
RA 7610, as amended CHILD ABUSE LAW
+ Children: PERSONS BELOW 18 YEARS OF AGE OR
THOSE UNABLE TO FULLY TAKE CARE of themselves
OR PROTECT THEMSELVES FROM ABUSE, NEGLECT,
CRUELTY, EXPLOITATION OR DISCRIMINATION
BECAUSE OF their AGE OR MENTAL DISABILITY OR
CONDITION
+ ANY kind of EMPLOYMENT WHICH RISKS PHYSICAL,
MENTAL OR SPIRITUAL DEVT OF THE CHILD IS CHILD
EXPLOITATION
+ Whether offender is liable for just one crime of child
prostitution and other sexual abuse regardless of number
of sexual acts allegedly committed by him and the number
of children with whom he had sexual intercourse, or
whether each act of intercourse constitutes one crime is a
question that bears on the PRESENTATION OF
EVIDENCE BY EITHER PARTY

+ Concerned with the sale of children for sex more


expansive coverage of trafficking in 9208
+ Value: It can be COMBINED W/ CRIME IN RPC,
INCREASE PENALTY
Elements:
1) ACCUSED COMMITS ACT OF SEXUAL
INTERCOURSE OR LASCIVIOUS CONDUCT
2) Said ACT is PERFORMED WITH A CHILD EXPLOITED
IN PROSTITUTION OR SUBJECTED TO OTHER SEXUAL
ABUSE
a) For MONEY, PROFIT, OR ANY OTHER
CONSIDERATION
b) UNDER the COERCION OR INFLUENCE OF
ANY ADULT, SYNDICATE, OR GROUP
3) CHILD, male or female, IS OR IS DEEMED UNDER 18
YRS OF AGE
273. EXPLOITATION OF CHILD LABOR
Elements:
1) Offender RETAINS A MINOR IN HIS SERVICES
2) It is AGAINST THE WILL OF THE MINOR
3) 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
274. SERVICES RENDERED UNDER COMPULSION IN
PAYMENT OF DEBT
Elements:
1) OFFENDER COMPELS DEBTOR TO WORK FOR HIM,
either as a household servant or farm laborer
2) It is AGAINST THE DEBTORS WILL
3) PURPOSE is to REQUIRE OR ENFORCE PAYMENT
OF A DEBT
275. ABANDONMENT OF PERSONS IN DANGER AND
ABANDONMENT OF ONES OWN VICTIM
Punished acts:
Par. 1 Elements:
1) UNINHABITED PLACE
2) ACCUSED FOUND a PERSON WOUNDED OR IN
DANGER OF DYING
3) Accused CAN RENDER ASSISTANCE W/O
DETRIMENT TO HIMSELF
4) Accused FAILS TO RENDER ASSISTANCE
Par. 2: FAILING TO HELP OR RENDER ASSISTANCE TO
ANOTHER WHOM OFFENDER ACCIDENTALLY
WOUNDED OR INJURED
Par. 3: FAILING TO DELIVER A CHILD, LESS THAN 7
YRS OF AGE, WHOM OFFENDER FOUND
ABANDONED, TO THE AUTHORITIES OR to HIS
FAMILY, OR BY FAILING TO TAKE HIM TO A SAFE
PLACE
+ 275 (1) means no people are roaming around. Parks &
other similar public places cant be uninhabited
ABANDONMENT 275(2)
ABANDONMENT 365,
last par.
Cause: ACCIDENT
Cause: IMPRUDENCE OR
NEGLIGENCE
CRIME by itself
QUALIFYING circumstance
Committed with intent
Punishes negligent act
+ It can be that theres no other person to render
assistance

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+ Under the law, whether or not ones at fault, theres an


obligation to stop and render appearance
276. ABANDONING A MINOR
Elements:
1) Offender HAS CUSTODY OF THE CHILD
2) CHILD IS UNDER 7 YEARS OF AGE
3) He ABANDONS SUCH CHILD
4) He HAS NO INTENT TO KILL THE CHILD WHEN THE
LATTER IS ABANDONED
+ If theres clear intention to leave the child to die, its
parricide (if offender is the parent)
277. ABANDONMENT OF MINOR BY PERSON
ENTRUSTED WITH HIS CUSTODY; INDIFFERENCE OF
PARENTS
Punished acts & respective elements:
1) 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 proper authorities
a) Offender HAS CHARGE OF the REARING OR
EDUCATION OF A MINOR
b) He DELIVERS SAID MINOR TO A PUBLIC
INSTITUTION OR OTHER PERSONS
c) The ONE WHO ENTRUSTED such CHILD TO
OFFENDER HASNT CONSENTED TO SUCH ACT; OR if
the one who entrusted such child to the offender is absent,
PROPER AUTHORITIES HAVENT CONSENTED TO IT
2) Neglecting his (offenders) children by not giving them
the education which their station in life requires and
financial condition permits
a) Offender is a PARENT
b) He NEGLECTS HIS CHILDREN BY NOT
GIVING THEM EDUCATION
c) His STATION IN LIFE REQUIRES SUCH
EDUCATION AND HIS FINANCIAL CONDITION PERMITS
IT
278. EXPLOITATION OF MINORS
Punished acts:
1) Causing any boy or girl under 16 to perform any
dangerous feat of balancing, physical strength, or
contortion, the offender being any person
2) Employing children under 16 who arent 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
engaged in a similar calling
3) Employing any descendant under 12 in dangerous
exhibitions enumerated in #2, offender engaged in any of
said callings
4) Delivering a child under 16 gratuitously to any person
following any of the callings enumerated in #2, or to any
habitual vagrant or beggar, the offender being an
ascendant, guardian, teacher, or person entrusted in any
capacity w/ the care of the child
5) 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 #2 or to
accompany any habitual vagrant or beggar, the offender
being any person
279. ADDITIONAL PENALTIES FOR OTHER OFFENSES
280. QUALIFIED TRESPASS TO DWELLING

Elements:
1) Offender is a PRIVATE PERSON
2) He ENTERS THE DWELLING OF ANOTHER
3) SUCH ENTRANCE is AGAINST LATTERS WILL
+ QUALIFIED trespass to dwelling IF COMMITTED BY
MEANS OF VIOLENCE OR INTIMIDATION
+ DWELLING = theres an occupant
+ CONDITION OF THE PLACE DETERMINES CRIME
COMMITTED. If its a garage but its used as a residence,
its trespass to dwelling
+ Against the will of the owner denotes (EXPRESS OR
IMPLIED) prohibition against entering
+ Entry THROUGH OPENING NOT INTENDED FOR
INGRESS = PRESUMPTION that ENTRY IS AGAINST
DWELLERS WILL
+ No qualification as to who should own the place. Thus,
the crime may be committed against a boarder or a tenant
and by the dwellings owner if his entry is against the
present occupants will.
+ INSTANCES WHERE NO TRESPASS CAN BE
COMMITTED
1) PURPOSE of entry is TO PREVENT some SERIOUS
HARM TO PERSON ENTERING, OCCUPANTS, OR 3RD
PERSONS
2) PURPOSE of entry is TO RENDER some AID TO
HUMANITY OR JUSTICE
3) PLACES ENTERED are cafs, taverns, inns and similar
places while open
+ WHEN PERMISSION TO ENTER IS GIVEN by a
household member with sufficient discretion, TRESPASS
ISNT COMMITTED
+ IF PURPOSE OF ENTRY IS TO COMMIT A MORE
SERIOUS CRIME & TRESPASSER HAS COMMENCED
OVERT ACTS DIRECTLY RELATED TO THE MORE
SERIOUS OFFENSE, dwelling becomes an aggravating
circumstance
281. OTHER FORMS OF TRESPASS
Elements:
1) Offender ENTERS CLOSED PREMISES OR FENCED
ESTATE OF ANOTHER
2) ENTRANCE IS MADE WHILE EITHER of them IS
UNINHABITED
3) PROHIBITION TO ENTER is MANIFEST
4) TRESPASSER HASNT SECURED PERMISSION OF
OWNER OR CARETAKER THEREOF
+ Even discos, restaurants, etc. may be the object of
trespass provided the place is closed for business at the
time = trespass to property
+ Closed gate is not a manifest prohibition
+ Whole dormitory = closed premises
282. GRAVE THREATS
Punished acts & respective elements:
1) a) OFFENDER THREATENS ANOTHER person W/
INFLICTION UPON LATTERS PERSON/HONOR/PROP,
OR UPON THAT OF LATTERS FAMILY, OF ANY
WRONG
b) SUCH WRONG AMOUNTS TO A CRIME
c) Theres a DEMAND FOR MONEY OR ANY OTHER
CONDITION IS IMPOSED, even though not lawful
d) Offender ATTAINS HIS PURPOSE
2) a) OFFENDER THREATENS ANOTHER person W/
INFLICTION UPON LATTERS PERSON/HONOR/PROP,

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OR UPON THAT OF LATTERS FAMILY, OF ANY


WRONG
b) SUCH WRONG AMOUNTS TO A CRIME
c) Theres a DEMAND FOR MONEY OR ANY OTHER
CONDITION IS IMPOSED, even though not lawful
d) Offender DOESNT ATTAIN HIS PURPOSE
3) a) OFFENDER THREATENS ANOTHER person W/
INFLICTION UPON LATTERS PERSON/HONOR/PROP,
OR UPON THAT OF LATTERS FAMILY, OF ANY
WRONG
b) SUCH WRONG AMOUNTS TO A CRIME
c) THREAT ISNT SUBJECT TO A CONDITION
THREAT
Harm or wrong is FUTURE
AND CONDITIONAL
May be BY
INTERMEDIARY OR IN
WRITING
GENERALLY committed by
INTIMIDATION w/c is future
and conditional

COERCION
Harm or wrong threatened
is IMMEDIATE,
PERSONAL, AND DIRECT
CANNOT BE through
intermediary or in writing
Generally by VIOLENCE,
ALTHOUGH it may also be
by INTIMIDATION if serious
enough, direct, immediate,
and personal

283. LIGHT THREATS


Elements:
1) OFFENDER MAKES a THREAT TO COMMIT A
WRONG
2) The WRONG DOESNT CONSTITUTE A CRIME
3) Theres a DEMAND FOR MONEY OR THAT OTHER
CONDITION IS IMPOSED, even though lawful
4) Offender HAS ATTAINED HIS PURPOSE OR, that he
has NOT ATTAINED HIS PURPOSE
+ Light threat is similar to BLACKMAILING. Wrong
threatened doesnt amount to a crime + demand for money
or other condition
284. BOND FOR GOOD BEHAVIOR
+ Discretion of the court to impose such in grave and light
threats
285. OTHER LIGHT THREATS
Punished acts:
1) THREATENING ANOTHER W/ A WEAPON, OR
DRAWING SUCH weapon IN A QUARREL, UNLESS it is
IN LAWFUL SELF-DEFENSE
2) ORALLY THREATENING ANOTHER, IN THE HEAT OF
ANGER, W/ SOME HARM CONSTITUTING A CRIME,
W/O PERSISTING IN THE IDEA involved IN HIS THREAT
3) ORALLY THREATENING TO DO ANOTHER any HARM
NOT CONSTITUTING A FELONY
KIND of threat

CRIME

GRAVE
LIGHT
OTHER LIGHT

Y
N
N

W/ OR W/O
CONDITION
WITH OR W/O
WITH
W/O

286. GRAVE COERCIONS


Elements:
1) PERSON PREVENTED ANOTHER FROM DOING
SOMETHING NOT PROHIBITED BY LAW, OR he

COMPELLED HIM TO DO SOMETHING AGAINST HIS


WILL, be it right or wrong
2) PREVENTION OR COMPULSION was EFFECTED BY
VIOLENCE, THREATS, OR INTIMIDATION
3) PERSON THAT RESTRAINED will and liberty of another
DIDNT HAVE AUTHORITY OF LAW OR RIGHT TO DO
SO, or in other words, that the restraint shall not be made
under authority of law or in the exercise of any lawful right
+ PURPOSE of law: PREVENT A PERSON FROM
PUTTING THE LAW INTO HIS OWN HANDS
+ KINDS of grave coercion
1) PREVENTIVE: offender USES VIOLENCE TO
PREVENT victim from doing an act NOT prohibited by law
2) COMPULSIVE: offender USES VIOLENCE TO
COMPEL victim from doing an act which MAY OR MAY
NOT be prohibited by law
+ Must be a force threatening great bodily harm that
remains constant in controlling the will of the unwilling
participant while the act is being performed and from which
he cant withdraw in safety
+ THREATENING TO SUE TO COMPEL ENFORCEMENT
OF AN OBLIGATION IS NOT THE WRONG
CONTEMPLATED BY LAW
If the INTIMIDATION IS
IMMEDIATE BUT
CONDITIONAL coupled
with demand for money or
any consideration
FUTURE OR
CONDITIONAL
DIRECT, IMMEDIATE, &
PERSONAL; OR SERIOUS
ENOUGH

CRIME IS
ROBBERY

THREAT
COERCION

287. LIGHT COERCIONS


Elements:
1) Offender is a CREDITOR
2) SEIZES ANYTHING BELONGING TO HIS DEBTOR
3) SEIZURE of the thing was ACCOMPLISHED BY means
of VIOLENCE OR A DISPLAY OF MATERIAL FORCE
PRODUCING INTIMIDATION
4) PURPOSE of offender is TO APPLY THE SAME TO
THE PAYMENT OF THE DEBT
+ UNJUST VEXATION is a form of light coercion. Its ANY
FORM OF CAUSING ANNOYANCE OF ANOTHER
PERSON. It MUST NOT AMOUNT TO DISHONOR OF
ANOTHER
288. OTHER SIMILAR COERCIONS
Punished acts & respective elements:
1) a) Offender is ANY PERSON, AGENT OR OFFICER OF
any ASSOCIATION OR CORPORATION
b) HE OR SUCH FIRM HAS EMPLOYED LABORERS
OR EMPLOYEES
c) FORCES OR COMPELS, directly or indirectly, OR
KNOWINGLY PERMITS TO BE FORCED OR
COMPELLED, ANY OF HIS OR ITS
LABORERS/EMPLOYEES TO PURCHASE MERCH OR
COMMODITIES OF ANY KIND from him or from said firm
2) a) Offender PAYS WAGES DUE HIS
LABORER/EMPLOYEE BY means of TOKEN OR OBJECT
b) Tokens or object are OTHER THAN LEGAL TENDER
CURRENCY of the Philippines

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c) Laborer or employee DOESNT EXPRESSLY


REQUEST THAT HE BE PAID BY SUCH means

4) There is VIOLENCE AGAINST OR INTIMIDATION OF


ANY PERSON, OR FORCE UPON ANYTHING

289. FORMATION, MAINTENANCE, AND PROHIBITION


OF COMBINATION OF CAPITAL OR LABOR THROUGH
VIOLENCE OR THREATS
Elements:
1) Offender EMPLOYS VIOLENCE OR THREATS in such
a degree as TO COMPEL OR FORCE LABORERS OR
EMPLOYEES IN free and legal exercise OF THEIR
INDUSTRY OR WORK
2) PURPOSE is TO ORGANIZE, MAINTAIN OR PREVENT
COALITIONS, STRIKE OR LOCKOUT

+ ASPORTATION: requires taking of personal property out


of the possession of the owner, without his privity and
consent and without animus revertendi. Present once
property is taken from the possession of the owner and
taker has absolute control of the property
+ INTENT TO GAIN (ANIMUS LUCRANDI): an internal act
which can be established through the overt acts of the
offender.

290. DISCOVERING SECRETS THROUGH SEIZURE OF


CORRESPONDENCE
Elements:
1) PRIVATE INDIVIDUAL OR PUBLIC OFFICER NOT IN
EXERCISE OF HIS OFFICIAL FUNCTIONS
2) SEIZES ANOTHERS PAPERS OR LETTERS
3) PURPOSE is TO DISCOVER THE SECRETS OF SUCH
OTHER PERSON
4) OFFENDER IS INFORMED OF the CONTENTS of
seized papers and letters
+ LETTER must be OF CONFIDENTIAL CHARACTER.
This crime cant be committed if its an open letter or
postcard
+ IF PURPOSE OF SEIZURE is TO PREVENT
ADDRESSEE FROM RECEIVING the
CORRESPONDENCE, its MALICIOUS MISCHIEF. Its
ESTAFA IF OFFENDER KNEW ADDRESSEE MUST
RECEIVE IT OTHERWISE LATTER WILL BE
PREJUDICED
+ PARENTS, GUARDIANS, AND PERSONS EXERCISING
PARENTAL AUTHORITY OVER MINORS ARE EXEMPT
because its within their authority to check minors activities.
Same with HUSBAND AND WIFE to maintain fidelity
provided theyre not legally separated and living apart.
291. REVEALING SECRETS WITH ABUSE OF OFFICE
Elements:
1) MANAGER, EMPLOYEE, OR SERVANT
2) LEARNS SECRETS OF HIS PRINCIPAL OR MASTER
IN SUCH CAPACITY
3) REVEALS SUCH SECRETS
292. REVELATION OF INDUSTRIAL SECRETS
Elements:
1) PERSON IN CHARGE, EMPLOYEE OR WORKMAN OF
MANUFACTURING OR INDUSTRIAL ESTABLISHMENT
2) ESTABLISHMENT HAS INDUSTRY SECRET WHICH
OFFENDER HAS LEARNED
3) REVEALS SUCH SECRETS
4) PREJUDICE IS CAUSED TO THE OWNER
CRIMES AGAINST PROPERTY
+ Taking of anothers property out of his possession
through violence, deceit, abuse of confidence, destruction
+ Must allege in info that it belonged to a specific person
293. WHO ARE GUILTY OF ROBBERY
Elements:
1) PERSONAL PROPERTY BELONGING TO ANOTHER
2) UNLAWFUL TAKING of that property
3) Taking must be WITH INTENT TO GAIN

294. ROBBERY WITH VIOLENCE AGAINST OR


INTIMIDATION OF PERSONS PENALTIES
+294 DEFINES & PENALIZES as COMPOSITE CRIMES
OR SPECIAL COMPLEX CRIMES the ff.
- ROBBERY WITH HOMICIDE
Elements:
1) Taking of personal property w/ use of violence or
intimidation against a person
2) Property taken belongs to another
3) Taking is characterized by intent to gain
4) On the occasion of the robbery or by reason thereof,
homicide was committed
- ROBBERY WITH RAPE
- ROBBERY WITH INTENTIONAL MUTILATION
- ROBBERY WITH ARSON
- ROBBERY WITH PHYSICAL INJURIES
- ROBBERY WITH UNNECESSARY VIOLENCE
Except for simple robbery under par 5 which isnt a
composite crime
+ HOMICIDE, RAPE, ETC. not separate crimes but
CIRCUMSTANCES CHARACTERIZING THE VIOLENCE
w/c makes the crime robbery & not theft
+ NAPOLIS DOCTRINE: If BOTH VIOLENCE OR
INTIMIDATION UPON PERSONS {294(4 & 5) [SIMPLE
ROBBERY]} AND FORCE UPON THINGS (299/302) are
EMPLOYED SPECIAL COMPLEX CRIME of robbery with
violence against or intimidation of persons and force upon
things
Robbery W/ VIOLENCE
Robbery W/ FORCE UPON
AGAINST OR
THINGS
INTIMIDATION OF
PERSONS
Former is MORE SERIOUS than the latter
Based upon GRAVITY OF
Based upon VALUE OF
the VIOLENCE OR
THING TAKEN
INTIMIDATION committed
When BOTH KINDS are present, FORMER SHALL TAKE
PRECEDENCE OVER THE LATTER, unless penalty for
robbery with force upon things is higher, in which case the
crime shall be complexed NAPOLIS DOCTRINE
+ 294(1) homicide may be before or after the robbery
PROVIDED THE TAKING IS NOT MERELY AN
AFTERTHOUGHT
+ CUANDO CON MOTIVO O CON OCCASION DEL
ROBO RESULTARE HOMICIDIO (WHEN HAVING THE
MOTIVE [to take] OR DURING THE OCCASION) intent
of the actor must supply the DIRECT connection between
the homicide and the robbery to constitute the complex
offense; happened during the robbery and theres a logical
connection (doesnt need to be a necessary means or
consequence)

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YSRefran Page 10 of 22

+ Who can be liable for robbery with homicide everyone


who agreed and decided to commit the robbery; the killing
can be traced to the robbery (consequence of taking)
+ GEN RULE: In a CONSPIRACY, THE ACT OF ONE IS
THE ACT OF ALL
EXCEPTION: Other/s couldnt have known of ones intent
and act so that they couldve attempted to prevent the
same; one performs positive or overt acts in an effort to
physically prevent same logical connection is broken
+ Who can be liable for robbery with rape those who had
knowledge of the rape and didnt do anything to prevent it
+ To be liable for robbery with rape, INTENT TO TAKE
anothers personal property MUST PRECEDE THE RAPE
+ All rapes are merged in the composite, so long as the
rapes accompanied the robbery
+ To have ROBBERY W/ ARSON, the TAKING must
ALREADY AMOUNT TO ROBBERY BEFORE THE
BURNING. There must be violence or intimidation upon
persons but without killing, rape, or mutilation in view of the
sequence of priority of violence under 294, and thereafter
the premises are burned
+ SNATCHING is ROBBERY IF SNATCHER EMPLOYED
FORCE upon person whose valuables were snatched;
THEFT IF NO ADDED FORCE in taking is employed
except that necessary to effect the snatching
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
Robbery W/ VIOLENCE AGAINST OR INTIMIDATION OF
PERSON is QUALIFIED if its committed:
1) In an UNINHABITED PLACE
2) By a BAND (more than three armed malefactors)
3) By ATTACKING A MOVING TRAIN, STREET CAR,
MOTOR VEHICLE, OR AIRSHIP
4) By ENTERING the PASSENGERS COMPARTMENTS
IN A TRAIN, OR IN ANY MANNER TAKING
PASSENGERS BY SURPRISE in the respective
conveyances
5) On a STREET, ROAD, HIGHWAY, OR ALLEY, and the
INTIMIDATION IS MADE W/ USE OF FIREARMS
+ When offenses in 294(3, 4, 5) are committed by a band,
proper penalties must be imposed in the maximum periods
+ 295 INAPPLICABLE TO ROBBERY W/ HOMICIDE,
RAPE, INTENTIONAL MUTILATION, AND LESIONES
GRAVES RESULTING IN INSANITY, IMBECILITY,
IMPOTENCY, OR BLINDNESS
+ For 294(1, 2), element of BAND appreciated as an
ORDINARY AGGRAVATING CIRCUMSTANCE
296. DEFINITION OF A BAND AND PENALTY INCURRED
BY THE MEMBERS THEREOF
Requisites for liability of other members of the band:
1) Person was a MEMBER OF THE BAND
2) PRESENT AT COMMISSION OF A ROBBERY BY
THAT BAND
3) OTHER MEMBERS of the band COMMITTED AN
ASSAULT
4) HE DIDNT ATTEMPT TO PREVENT THE ASSAULT

+ SPECIAL AGGRAVATING CIRCUMSTANCE of USE OF


UNLICENSED FIREARM limited in scope to 294(3, 4, 5)
297. ATTEMPTED AND FRUSTRATED ROBBERY
COMMITTED UNDER CERTAIN CIRCUMSTANCES
Elements:
1) Theres an ATTEMPTED OR FRUSTRATED ROBBERY
2) HOMICIDE IS COMMITTED ON THE SAME
OCCASION
+ GEN RULE: all who took part as principals in the robbery
shall be held guilty of robbery w/ homicide although they
didnt actually take part in the homicide. Same principle
applies even if the crime committed is attempted robbery w/
homicide
+ 297 requires ATTEMPTED ROBBERY & KILLING be
perpetrated by the same person
298. EXECUTION OF DEEDS BY MEANS OF VIOLENCE
OR INTIMIDATION
Elements:
1) Offender has INTENT TO DEFRAUD ANOTHER
2) Offender COMPELS HIM TO SIGN, EXECUTE, OR
DELIVER ANY PUBLIC INSTRUMENT OR DOCUMENT
3) COMPULSION is BY means of VIOLENCE OR
INTIMIDATION
299. ROBBERY IN AN INHABITED HOUSE OR PUBLIC
BUILDING OR EDIFICE DEVOTED TO WORSHIP
Punished acts & respective elements:
1) Robbery with force upon things under 299(a)
a) Offender ENTERED INHABITED HOUSE, PUBLIC
BUILDING OR EDIFICE DEVOTED TO RELIGIOUS
WORSHIP
b) ENTRANCE was EFFECTED BY ANY OF THE FF.
MEANS:
i) THROUGH an OPENING NOT INTENDED FOR
ENTRANCE OR EGRESS
ii) By BREAKING ANY WALL, ROOF, FLOOR,
DOOR, OR WINDOW
iii) By USING FALSE KEYS, PICKLOCKS, OR
SIMILAR TOOLS
iv) By USING FICTITIOUS NAME OR
PRETENDING THE EXERCISE OF PUBLIC AUTHORITY
c) Once INSIDE the building, OFFENDER TOOK
PERSONAL PROP BELONGING TO ANOTHER WITH
INTENT TO GAIN
2) Robbery with force upon things under 299(b)
a) Offender is INSIDE a DWELLING HOUSE, PUBLIC
BUILDING, OR EDIFICE DEVOTED TO RELIGIOUS
WORSHIP, regardless of circumstances under which he
entered it
b) OFFENDER TAKES PERSONAL PROP
BELONGING TO ANOTHER, W/ INTENT TO GAIN,
UNDER ANY OF THE FF. circumstances:
i) By the BREAKING OF DOORS, wardrobes,
chests, OR ANY OTHER KIND OF LOCKED OR SEALED
FURNITURE OR RECEPTACLE
ii) By TAKING SUCH FURNITURE OR OBJECTS
AWAY TO BE BROKEN OR FORCED OPEN OUTSIDE
THE PLACE OF THE ROBBERY
+ BASIS: MEANS OF ENTERING. If he didnt enter, its
only theft even if theres force upon things. Whole body
must be inside, as defined by entering.

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+ ENTERED W/O USE OF CONSTRUCTIVE FORCE BUT


WHILE INSIDE USED ACTUAL FORCE to break doors,
walls, etc. Use of picklock, etc. inside the premises is only
aggravating.
+ BROUGHT OUT of the premises LOCKED OR SEALED
RECEPTACLES FOR BREAKING them OUTSIDE
+ NOT NECESSARY THAT OFFENDER BREAK
WINDOWS to enter
+ Offender is a member of the household and taking was
with force upon things = robbery
300. ROBBERY IN AN UNINHABITED PLACE AND BY A
BAND
+ Robbery mentioned in next preceding article, if committed
in an uninhabited place and by a band, shall be punished
by the maximum period of the penalty provided therefore
301. WHAT IS AN INHABITED HOUSE, PUBLIC
BUILDING OR BUILDING DEDICATED TO RELIGIOUS
WORSHIP AND THEIR DEPENDENCIES
+ INHABITED HOUSE: any shelter, ship or vessel
constituting the dwelling of one or more persons, even
though the inhabitants thereof shall temporarily be absent
therefrom when the robbery is committed
+ PUBLIC BUILDING: every building owned by the Govt or
belonging to private persons but used or rented by the
Govt, although temporarily occupied by the same
+ DEPENDENCIES OF AN INHABITED HOUSE, PUBLIC
BUILDING OR BUILDING DEDICATED TO RELIGIOUS
WORSHIP: all interior courts, corrals, warehouses,
granaries or enclosed places CONTIGUOUS to the building
or edifice, having an INTERIOR ENTRANCE CONNECTED
THEREWITH and which form PART OF THE WHOLE
+ Orchard & other lands used for cultivation or production
arent included in the term dependencies
302. ROBBERY IN AN UNINHABITED PLACE OR IN A
PRIVATE BUILDING
Elements:
1) Offender ENTERED UNINHABITED PLACE OR
BUILDING W/C WASNT A DWELLING HOUSE, NOT A
PUBLIC BUILDING, OR NOT AN EDIFICE DEVOTED TO
RELIGIOUS WORSHIP
2) ANY OF THE FF. circumstances was present
a) ENTRANCE was EFFECTED THROUGH AN
OPENING NOT INTENDED FOR ENTRANCE OR
EGRESS
b) WALL, ROOF, FLOOR, OR OUTSIDE DOOR OR
WINDOW was BROKEN
c) ENTRANCE was EFFECTED THROUGH USE OF
FALSE KEYS, PICKLOCKS, OR OTHER similar TOOLS
d) DOOR, WARDROBE, CHEST, OR ANY SEALED OR
CLOSED FURNITURE OR RECEPTACLE was BROKEN
e) CLOSED OR SEALED RECEPTACLE WAS
REMOVED, even if the same be broken open elsewhere
3) OFFENDER TOOK therefrom PERSONAL PROP
BELONGING TO ANOTHER WITH INTENT TO GAIN
303. ROBBERY OF CEREALS, FRUITS, OR FIREWOOD
IN AN UNINHABITED PLACE OR PRIVATE BUILDING
+ In cases in 299 and 302 (robbery in an inhabited place or
public building or edifice devoted to worship AND robbery
in an uninhabited place or in a private building), when
robbery consists in the taking of cereals, fruits, or firewood,

the culprit shall suffer the penalty next lower in degree than
that prescribed in said articles.
304. POSSESSION OF PICKLOCK OR SIMILAR TOOLS
Elements:
1) Offender HAS in his possession PICKLOCKS OR
SIMILAR TOOLS
2) SUCH picklock or similar TOOLS ARE SPECIALLY
ADOPTED TO THE COMMISSION OF ROBBERY
3) Offender DOESNT HAVE LAWFUL CAUSE FOR SUCH
POSSESSION
+ POSSESSION of picklocks IS A CRIME BY ITSELF.
When used in robbery, possession is absorbed because its
an element of robbery
305. FALSE KEYS
Term FALSE KEYS deemed to include:
1) TOOLS MENTIONED in next preceding articles
2) GENUINE KEYS STOLEN FROM THE OWNER
3) ANY KEYS OTHER THAN THOSE INTENDED BY THE
OWNER FOR USE IN THE LOCK FORCIBLY OPENED
BY OFFENDER
RA 6539 ANTI-CARNAPPING
+ CARNAPPING: taking, w/ intent to gain, of a motor
vehicle belonging to another without the latters consent, or
by means of violence against or intimidation of persons, or
by using force upon things
+ MALUM PROHIBITUM
+ MOTOR VEHICLE covers any vehicle which is motorized
(means other than muscular power) using the streets which
are public, not exclusively for private use
+ HIGHWAYS are always public, free for the use of every
person.
306. WHO ARE BRIGANDS
Elements of brigandage:
1) AT LEAST 4 ARMED PERSONS
2) FORMED A BAND OF ROBBERS
3) PURPOSE is ANY OF THE FF.
a) COMMIT ROBBERY IN THE HIGHWAY
b) KIDNAP PERSONS FOR the purpose of
EXTORTION OR TO OBTAIN RANSOM
c) ATTAIN BY MEANS OF FORCE AND VIOLENCE
ANY OTHER PURPOSE
307. AIDING AND ABETTING A BAND OF BRIGANDS
Elements:
1) BAND OF BRIGANDS
2) OFFENDER KNOWS BAND TO BE OF BRIGANDS
3) DOES ANY OF THE FF. acts:
a) In any manner AIDS, ABETS OR PROTECTS SUCH
BAND
b) GIVES THEM INFORMATION OF MOVEMENTS OF
POLICE OR OTHER PEACE OFFICERS OF THE GOVT
c) ACQUIRES OR RECEIVES PROP TAKEN BY SUCH
BRIGANDS
PD 532 ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY
LAW OF 1974
+ HIGHWAY ROBBERY or BRIGANDAGE: seizure of any
person for ransom, extortion or other unlawful purposes, or
the taking away of the property of another, by means of
violence against or intimidation of persons or force upon

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things or other unlawful means, committed by any person


on any Philippine highway
+ Introduced AMENDMENTS TO 306 & 307 by increasing
the penalties
Brigandage UNDER 306 &
Brigandage UNDER PD 532
294
Mere FORMATION OF
Mere formation of band
BAND IS PUNISHABLE
NOT YET PUNISHABLE.
Prohibited act must be
committed
AT LEAST 3 (4 OR MORE)
Only ONE MALEFACTOR
MALEFACTORS
WILL SUFFICE
PRECONCEIVED VICTIM
NO preconceived victim
+ In absence of proof that accused were organized for
committing robbery indiscriminately and of evidence to
show previous attempts at similar robberies by accused
indicating indiscriminate commission thereof liable for
special complex crime of robbery with homicide
PD 533 ANTI-CATTLE RUSTLING LAW OF 1974
+ CATTLE RUSTLING: taking away by any means,
methods, or schemes, without the consent of the
owner/raiser, of any of the LARGE CATTLE whether or not
for profit or gain, or whether committed w/ or w/o violence
against or intimidation of person or force upon things.
Includes KILLING OF LARGE CATTLE, OR TAKING ITS
MEAT OR HIDE W/O CONSENT OF OWNER/RAISER.
+ GOAT NOT INCLUDED because although its a member
of the bovine family, its not large
+ HOMICIDE IS ABSORBED IN CATTLE RUSTLING
because its not a malum prohibitum
+ MALA IN SE. NOT A SPECIAL LAW. Penalty for its
violation in terms of classification & duration of penalties
prescribed in RPC, indicating lawmakers intent to amend
the Code
+ INTENT TO GAIN may be INFERRED FROM
DELIBERATE FAILURE TO DELIVER LOST PROP TO
PROPER PERSON, finder knowing the prop doesnt
belong to him
308. WHO ARE LIABLE FOR THEFT
Persons liable:
1) Those W/ INTENT TO GAIN, BUT W/O VIOLENCE
AGAINST OR INTIMIDATION OF PERSONS NOR FORCE
UPON THINGS, TAKE PERSONAL PROP OF ANOTHER
W/O LATTERS CONSENT
2) Those who HAVING FOUND LOST PROP, FAILS TO
DELIVER THE SAME TO LOCAL AUTHORITIES OR TO
ITS OWNER
3) Those who, after having MALICIOUSLY DAMAGED the
PROPERTY OF ANOTHER, REMOVE OR MAKE USE OF
FRUITS OR OBJECTS OF DAMAGE CAUSED BY THEM
4) Those who ENTER AN ENCLOSED ESTATE OR A
FIELD WHERE TRESPASS IS FORBIDDEN OR W/C
BELONGS TO ANOTHER AND, W/O ITS OWNERS
CONSENT, HUNT OR FISH upon the same OR GATHER
fruits, cereals, or other forest or farm products
Elements:
1) TAKING OF PERSONAL PROP
2) Property taken BELONGS TO ANOTHER
3) DONE W/ INTENT TO GAIN
4) W/O OWNERS CONSENT

5) ACCOMPLISHED W/O USE OF VIOLENCE AGAINST


OR INTIMIDATION OF PERSONS OR FORCE UPON
THINGS
+ THEFT OR ROBBERY CANT BE COMMITTED BET.
CO-OWNERS WHEN NO DIVISION IS YET MADE
+ Is it THEFT OR ESTAFA? CONSIDER POSSESSION.
Where property is received where only MATERIAL or
PHYSICAL POSSESSION is acquiesced and he
misappropriates the same = THEFT. If JURIDICAL
POSSESSION (possessor can assert his right to
possession even against the owner) IS TRANSFERRED =
ESTAFA
+ NO FRUSTRATED THEFT
309. PENALTIES
PD 704, as amended RA 8550 ILLEGAL FISHING
+ PRIMA FACIE PRESUMPTION that ILLEGAL FISHING
HAS BEEN COMMITTED WHERE
EXPLOSIVES, noxious or POISONOUS
SUBSTANCES OR EQUIPMENT/DEVICE FOR
ELECTRIC FISHING FOUND IN a FISHING
BOAT OR IN FISHERMANS POSSESSION
FISH CAUGHT OR KILLED w/ use of explosives,
poisonous substances, or by electricity are
FOUND in a fishing boat
+ Doesnt require use of motorized banca or boat
310. QUALIFIED THEFT
Theft is qualified if:
1) Committed by a DOMESTIC SERVANT
2) Committed W/ GRAVE ABUSE OF CONFIDENCE
3) PROP STOLEN is a MOTOR VEHICLE, MAIL MATTER,
or LARGE CATTLE
4) PROP STOLEN consists of COCONUTS TAKEN FROM
the premises of a PLANTATION
5) PROP STOLEN is FISH TAKEN FROM A FISHPOND
OR FISHERY
6) PROP TAKEN ON OCCASION OF fire, earthquake,
typhoon, volcanic eruption, or any other CALAMITY,
VEHICULAR ACCIDENT, OR CIVIL DISTURBANCE
+ What makes it qualified theft: circumstances
- Personal to offender
- Pertaining to object taken
- At the time of taking
311. THEFT OF THE PROPERTY OF THE NATIONAL
LIBRARY AND NATIONAL MUSEUM
PD 705 FORESTRY CODE
2 DISTINCT & SEPARATE OFFENSES under Sec. 68
1) CUTTING, GATHERING, COLLECTING, AND
REMOVING TIMBER OR OTHER FOREST PRODUCT
FROM ANY FORESTLAND, OR TIMBER FROM
ALIENABLE OR DISPOSABLE PUBLIC LAND, OR
PRIVATE LAND, OR W/O ANY AUTHORITY
2) POSSESSION OF TIMBER OR OTHER FOREST
PRODUCTS W/O LEGAL DOCUMENTS REQD under
existing forest laws regulations
+ The law makes NO DISTINCTION between raw or
processed timber

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PD 1612 ANTI-FENCING LAW OF 1979


+ FENCING: act of any person who, with intent to gain for
himself or for another, shall buy, receive, possess, keep,
acquire, conceal, sell or dispose of, or shall buy and sell, or
in any other manner deal in any article, item, object, or
anything of value which he knows, or should be known to
him, to have been derived from the proceeds of the crime
of robbery or theft
+ APPLIES ONLY TO PROCEEDS OF THEFT OR
ROBBERY. Doesnt apply to estafa
Elements:
1) Crime of ROBBERY OR THEFT has been COMMITTED
2) ACCUSED, who is NOT A PRINCIPAL OR
ACCOMPLICE IN the commission of the ROBBERY OR
THEFT, BUYS OR IN ANY MANNER DEALS IN ANY
ARTICLE OR ANYTHING OF VALUE, which has been
DERIVED FROM PROCEEDS OF SAID CRIME
3) ACCUSED KNOWS OR SHOULDVE KNOWN SAID
ARTICLE has been DERIVED FROM PROCEEDS OF
ROBBERY OR THEFT
4) INTENT TO GAIN, on part of accused, FOR HIMSELF
OR FOR ANOTHER
+ Fencing is a DISTINCT CRIME. Offender may be
PROSECUTED AT PLACE WHERE HE TOOK HOLD OF
PROP and not at the place of the commission of the
robbery or theft
+ There must be a CONVICTION OF THEFT OR
ROBBERY BEFORE THERE COULD BE PROSECUTION
FOR FENCING
+ Mere POSSESSION OF ANY ITEM W/C HAS BEEN
THE SUBJECT OF ROBBERY OR THEFT = PRIMA
FACIE EVIDENCE OF FENCING
312. OCCUPATION OF REAL PROPERTY OR
USURPATION OF REAL RIGHTS IN PROPERTY
Elements:
1) Offender TAKES POSSESSION OF ANY REAL PROP
OR USURPS ANY REAL RIGHTS IN PROP
2) Real property or real rights BELONG TO ANOTHER
3) VIOLENCE AGAINTS OR INTIMIDATION OF
PERSONS IS USED by offender in occupying real property
or usurping real rights in property
4) Theres INTENT TO GAIN
+ SINGLE, TWO-TIERED PENALTY for the coercion &
threat and fine for the usurpation
+ REAL VIC IS NOT NECESSARILY THE OWNER BUT
THE PERSON AGAINST WHOM THE
VIOLENCE/INTIMIDATION WAS ENFORCED tenant has
a real right over the property, that of possession
313. ALTERING BOUNDARIES OR LANDMARKS
Elements:
1) BOUNDARY MARKS OR MONUMENTS of towns,
provinces or estates, OR any other MARKS INTENDED TO
DESIGNATE BOUNDARIES OF THE SAME
2) OFFENDER ALTERS said boundary marks
314. FRAUDULENT INSOLVENCY
Elements:
1) Offender is a DEBTOR (has obligations due and
payable)
2) ABSCONDS W/ HIS PROPERTY
3) PREJUDICE TO HIS CREDITORS

315. SWINDLING (ESTAFA)


Elements in general:
1) ACCUSED DEFRAUDED ANOTHER BY ABUSE OF
CONFIDENCE OR BY means of DECEIT
2) DAMAGE OR PREJUDICE capable of pecuniary
estimation is CAUSED TO THE OFFENDED PARTY OR
3RD PERSON
+ DEFRAUDATION & DAMAGE (any disturbance or
prejudice is constitutive of damage)
+ 2 ways of committing estafa
1) With abuse of confidence or unfaithfulness
2) Through deceit or false pretense here, its essential
that the deceit be prior to or simultaneous to the prejudice
& the same be the very cause of the damage
+ When money or property is delivered for a particular
purpose and it was used for another purpose
if MATERIAL POSSESSION is transferred, its
theft
- when JURIDICAL POSSESSION (possession
which is protected by law even against the real
owner of the property) is transferred, its estafa
+ DECEIT: false representation of a matter of fact whether
by words or conduct, by false or misleading allegations, or
by concealment of that which should have been disclosed
which deceives or is intended to deceive another so that he
shall act upon it to his legal injury
+ DEFRAUDATION CANT BE COMMITTED THROUGH
NEGLIGENCE
Elements of ESTAFA W/ UNFAITHFULNESS:
1) Offender has ONEROUS OBLIGATION TO DELIVER
SOMETHING OF VALUE
2) He ALTERS ITS SUBSTANCE, QUANTITY, OR
QUALITY
3) DAMAGE or prejudice is CAUSED TO ANOTHER
Elements of ESTAFA W/ ABUSE OF CONFIDENCE
315(1[b]):
1) Money, goods, or other PERSONAL PROP RECEIVED
BY OFFENDER IN TRUST, or on commission, or for
administration, OR UNDER ANY OTHER OBLIGATION
INVOLVING THE DUTY TO MAKE DELIVERY OF, OR TO
RETURN, THE SAME
2) MISAPPROPRIATION OR CONVERSION OF such
MONEY OR PROPERTY BY OFFENDER, OR DENIAL ON
HIS PART OF SUCH RECEIPT
3) Such misappropriation/conversion/denial is to the
PREJUDICE OF ANOTHER
4) Theres a DEMAND MADE BY OFFENDED PARTY TO
OFFENDER
Elements of ESTAFA BY TAKING UNDUE ADVANTAGE
OF THE SIGNATURE IN BLANK
1) PAPER W/ SIG OF OFFENDED PARTY IS IN BLANK
2) OFFENDED PARTY DELIVERED IT TO OFFENDER
3) ABOVE SIG OF OFFENDED PARTY a DOC IS
WRITTEN BY THE OFFENDER W/O AUTHORITY TO DO
SO
4) DOC so written CREATES LIABILITY OF, OR CAUSES
DAMAGE TO, OFFENDED PARTY OR ANY 3RD PERSON
Elements of ESTAFA BY MEANS OF FALSE
PRETENSES OR FRAUDULENT ACTS:

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1) OFFENDER EMPLOYS ANY OF THE FF. false


pretenses, fraudulent acts, or fraudulent means:
a) USING FICTITIOUS NAME; FALSELY
PRETENDING TO POSSESS POWER, influence,
qualifications, property, credit, agency, business or
imaginary transactions; OR BY means of OTHER SIMILAR
DECEITS
b) ALTERING QUALITY, FINENESS, OR WEIGHT OF
ANYTHING PERTAINING TO HIS ART OR BUSINESS
c) PRETENDING TO HAVE BRIBED ANY GOVT
EMPLOYEE, w/o prejudice to the action for calumny w/c
the offended party may deem proper to bring against
offender
d) POSTDATING A CHECK, OR ISSUING A CHECK IN
PAYMENT OF AN OBLIGATION WHEN OFFENDER HAD
NO FUNDS OR INSUFFICIENT FUNDS in the bank
e) OBTAINING ANY FOOD, REFRESHMENT OR
ACCOMMODATION AT A HOTEL, inn, restaurant,
boarding house, lodging house, or apartment house AND
THE LIKE W/O PAYING THEREFORE, W/ INTENT TO
DEFRAUD THE PROPRIETOR OR MANAGER thereof;
OR BYOBTAINING CREDIT at aforesaid establishments
BY USE OF ANY FALSE PRETENSE; OR BY
ABANDONING or surreptitiously removing ANY PART OF
HIS BAGGAGE from said establishments AFTER
OBTAINING FOOD, etc. W/OUT PAYING FOR SUCH
2) Such FALSE PRETENSE must be MADE or executed
PRIOR OR SIMULTANEOUSLY WITH THE COMMISSION
OF THE FRAUD
3) OFFENDED PARTY mustve RELIED ON THE FALSE
PRETENSE he was induced to part with his money or
property because of the false pretense, fraudulent act, or
fraudulent means
4) AS A RESULT thereof, OFFENDED PARTY SUFFERED
DAMAGE

+ Goods owned by the bank and only released to the


importer in trust subsequent to the grant of the loan. Bank
acquires security interest in the goods as holder of
security title for advances it made to entrustee. Ownership
continues to be vested in person who advanced payment
until he has been paid in full
+Trust receipt law PUNISHES DISHONESTY AND ABUSE
OF CONFIDENCE IN THE HANDLING OF MONEY OR
GOODS TO THE PREJUDICE OF ANOTHER regardless
of whether the latter is the owner.
+ MALUM PROHIBITUM
+ Possible situations in a trust receipt transaction:
1) Money received under the obligation involving duty to
deliver it to the owner of the merchandise sold
2) Merchandise received under obligation to return it to the
owner
+ Its in the context of upholding public interest that the law
now designates breach of trust receipt agreement to be an
act that shall make one liable for estafa
+ As far as trust receipts are concerned, failure to return
the thing creates the presumption that there was intent to
defraud

Elements of ESTAFA BY INDUCING ANOTHER TO SIGN


ANY DOCUMENTS
1) Offender INDUCED OFFENDED PARTY TO SIGN A
DOC
2) DECEIT employed to make him sign the document
3) OFFENDED PARTY PERSONALLY SIGNED THE DOC
4) PREJUDICE CAUSED

+ Made MERE ACT OF ISSUING A BUM CHECK MALUM


PROHIBITUM
+GRAVAMEN of offense: ISSUANCE OF WORTHLESS
CHECK
+ PRESUMPTION that issuer knew at the time of issue that
he didnt have sufficient funds for payment of the check in
full upon its presentment under the ff conditions:
1) Presentment w/in 90 days from date of check
2) Dishonor of the check and failure of the maker to make
arrangements for payment in full w/in 5 banking days after
notice thereof
+ ABSENCE OF NOTICE OF DISHONOR necessarily
deprives an accused the opportunity to preclude a criminal
prosecution
+ 2 ways of violating BP 22
1) Making or drawing and issuing a check to apply on
account or for value knowing at the time of issue that the
check isnt sufficiently funded
2) Having sufficient funds in or credit with drawee bank but
failing to keep sufficient funds or to maintain credit to cover
full amount of the check when presented to drawee bank
w/in 90 days
+ 180 DAYS (6 MOS) PAYEES FAILURE TO DEPOSIT
OR ENCASH CHECK within this period WILL MAKE
CHECK STALE OR VALUELESS, hence NO CRIMINAL
ACTION CAN ARISE THEREFROM
+ Violation of BP 22 in the nature of a CONTINUING
CRIME VENUE IS DETERMINED BY THE PLACE
WHERE THE ELEMENTS of making, issuing, or drawing of
the check and delivery thereof ARE COMMITTED

Elements of ESTAFA BY RESORTING TO SOME


FRAUDULENT PRACTICE TO INSURE SUCCESS IN
GAMBLING
1) Offender PARTICIPATES IN A GAMBLING GAME
2) RESORTS TO SOME FRAUDULENT PRACTICE TO
INSURE SUCCESS at the gambling game
Elements of ESTAFA BY REMOVING, CONCEALING, OR
DESTROYING DOCUMENTS
1) COURT RECORD, OFFICE FILES, DOCS, OR ANY
OTHER PAPERS
2) Offender REMOVED, CONCEALED OR DESTROYED
ANY OF THEM
3) OFFENDED HAD INTENT TO DEFRAUD ANOTHER
PD 115 TRUST RECEIPTS LAW
+ TRUST RECEIPT TRANSACTION: any transaction by
and between entruster and entrustee, whereby the
entruster who owns or holds absolute title or security
interest over certain specified goods, releases same to
possession of entrustee upon latters execution and
delivery to entruster of a trust receipt

BP 22 BOUNCING CHECKS LAW


Elements:
1) MAKING, DRAWING, AND ISSUING ANY CHECK TO
APPLY TO ACCOUNT OR FOR VALUE
2) KNOWLEDGE OF MAKER/DRAWER/ISSUER THAT AT
TIME OF ISSUE he DOESNT HAVE SUFFICIENT FUNDS
IN OR CREDIT W/ DRAWEE BANK FOR PAYMENT OF
THE CHECK IN FULL UPON ITS PRESENTMENT
3) SUBSEQUENT DISHONOR of check by drawee bank
for insufficiency of funds, OR DISHONOR OF CHECK for
same reason had not the drawer, without any valid cause,
ordered the bank to stop payment

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+ DELIVERY OF INSTRUMENT is the final act essential to


its consummation as an obligation
+ ALL KINDS OF CHECKS ARE COVERED BY THE LAW
Memorandum checks included
Even checks of foreign currency as long as theyre
issued in the Philippines
+ RPC SUPPLEMENTARY TO BP 22
+ KNOWLEDGE BY COMPLAINANT THAT DRAWER
DOESNT HAVE SUFFICIENT FUNDS AT TIME CHECK
WAS ISSUED DOESNT GIVE RISE TO ESTAFA
THROUGH BOUNCING CHECKS
+ Even if theres no deceit, mere dishonor of the check
already creates public disturbance and prejudice to the
banking system. Under BP 22, the act is a crime against
public interest
+ Where CHECK is DRAWN BY A CORPORATION,
PERSON/S WHO ACTUALLY SIGNED check in behalf of
such drawer shall be LIABLE
BP 22
LIABILITY INCURRED even
though check was issued in
payment of pre-existing
obligation

DAMAGE OR DECEIT IS
IMMATERIAL to criminal
liability
Crime against PUBLIC
INTEREST
ONLY DRAWER is liable.
INDORSER NOT LIABLE

Drawer given 5 BANKING


DAYS FROM NOTICE OF
DISHONOR to make good
cash value thereof to avoid
criminal liability
Malum PROHIBITUM

ESTAFA
Liability ONLY IF ISSUED
CONCURRENTLY &
RECIPROCALLY in
payment of exchange
consideration. Check
shouldnt be for pre-existing
obligation
DAMAGE TO OFFENDED
& DECEIT OF OFFENDER
ARE ESSENTIAL
Crime against PROPERTY
BOTH drawer & indorser
may incur liability, if latter
was aware at time of
indorsement of insufficiency
of funds
Drawer given 3 DAYS
AFTER NOTICE OF
DISHONOR to make good
the cash value to avoid
liability
Malum IN SE

316. OTHER FORMS OF SWINDLING


Punished acts & respective elements:
1) By conveying, selling, encumbering, or mortgaging any
real property, pretending to be the owner of the same
a) Theres an IMMOVABLE, such as a parcel of land or
a building
b) OFFENDER WHO IS NOT THE OWNER
REPRESENTS HIMSELF AS THE OWNER thereof
c) Offender EXECUTES AN ACT OF OWNERSHIP
such as selling, leasing, encumbering, or mortgaging the
real property
2) By disposing of real property as free from encumbrance,
although such encumbrance isnt recorded
a) THING DISPOSED IS REAL PROPERTY
b) OFFENDER KNEW REAL PROP WAS
ENCUMBERED, WHETHER the encumbrance was
RECORDED OR NOT
c) EXPRESS REPRESENTATION BY OFFENDER
THAT REAL PROP IS FREE FROM ENCUMBRANCE
d) ACT OF DISPOSING of the real property is MADE
TO THE DAMAGE OF ANOTHER

3) By wrongfully taking by the owner of his personal


property from its lawful possessor
a) Offender is the OWNER OF PERSONAL PROP
b) SAID PERSONAL PROP is IN the LAWFUL
POSSESSION OF ANOTHER
c) Offender WRONGFULLY TAKES IT FROM ITS
LAWFUL POSSESSOR
d) PREJUDICE is thereby CAUSED TO THE
POSSESSOR OR 3RD PERSON
4) By executing any fictitious contract to prejudice of
another
a) Offender EXECUTES A CONTRACT
b) FICTITIOUS CONTRACT
c) PREJUDICE IS CAUSED
5) By accepting any compensation for services not
rendered or for labor not performed
a) Offender ACCEPTS ANY COMPENSATION FOR
SERVICES OR LABOR
b) DIDNT RENDER SERVICES OR PERFORM LABOR
6) By selling, mortgaging or encumbering real property or
properties with which the offender guaranteed the
fulfillment of his obligation as surety
a) Offender is a SURETY IN A BOND GIVEN IN A
CRIMINAL OR CIVIL ACTION
b) He GUARANTEED THE FULFILLMENT OF SUCH
OBLIGATION W/ HIS REAL PROP OR PROPERTIES
c) He SELLS, MORTGAGES, OR IN ANY MANNER
ENCUMBERS SAID REAL PROP
d) Such SALE, MORTGAGE OR ENCUMBRANCE W/O
EXPRESS AUTHORITY FROM THE COURT, OR MADE
BEFORE CANCELLATION OF HIS BOND, OR BEFORE
BEING RELIEVED FROM OBLIGATION HE
CONTRACTED
+ Mere selling w/o disclosing encumbrance wouldnt result
to estafa no law penalizing sale of encumbered property.
Its the DECEIT IN SELLING THE PROPERTY THAT
GIVES RISE TO CRIMINAL LIABILITY
+ No deceit if seller didnt make any warranty in the deed of
sale that the property is free from encumbrance. The deed
must have a false statement of warranty to commit the
offense
+ Par. 3 holds owner of any personal property who shall
wrongfully take it from its lawful possessor to the prejudice
of the latter or any third person guilty of this crime
317. SWINDLING A MINOR
Elements:
1) Offender TAKES ADVANTAGE OF MINORS
INEXPERIENCE OR FEELINGS/EMOTIONS
2) He INDUCES SUCH MINOR TO ASSUME an obligation
OR TO GIVE RELEASE OR TO EXECUTE A TRANSFER
OF ANY PROPERTY RIGHT
3) CONSIDERATION is some loan of money, credit or
other personal property
4) TRANSACTION is TO THE DETRIMENT OF SUCH
MINOR
318. OTHER DECEITS
Punished acts:
1) DEFRAUDING OR DAMAGING ANOTHER BY ANY
OTHER DECEIT NOT MENTIONED in the preceding
articles
2) INTERPRETING DREAMS, BY MAKING FORECASTS,
TELLING FORTUNES, OR BY TAKING ADVANTAGE OF

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THE CREDULITY OF THE PUBLIC IN ANY OTHER


SIMILAR MANNER, FOR PROFIT OR GAIN
+ CATCH-ALL PROVISION
PD 1689 SYNDICATED ESTAFA
Elements:
1) Estafa or other forms of swindling as defined in RPC 315
& 316 COMMITTED
2) ESTAFA COMMITTED BY A SYNDICATE
3) DEFRAUDATION RESULTS IN MISAPPROPRIATION
of money contributed by stockholders, or of funds solicited
by corporations from the general public
+ SYNDICATE: consists of 5 OR MORE PERSONS
FORMED W/ INTENTION OF CARRYING OUT THE
UNLAWFUL OR ILLEGAL ACT
319. REMOVAL, SALE OR PLEDGE OF MORTGAGED
PROPERTY
Punished acts & respective elements:
1) Knowingly removing any personal property mortgaged
under the Chattel Mortgage Law to any province or city
other than the one in which it was located at the time of
execution of the mortgage, w/o the written consent of the
mortgagee or his executors, administrators or assigns
a) PERSONAL PROP IS MORTGAGED under the
Chattel Mortgage Law
b) OFFENDER KNOWS such property is mortgaged
c) Offender REMOVES SUCH mortgaged personal
property TO ANY PROVINCE OR CITY OTHER THAN
THE ONE IN W/C IT WAS LOCATED AT THE TIME OF
the EXECUTION OF the MORTGAGE
d) REMOVAL is PERMANENT
e) NO WRITTEN CONSENT of mortgagee or his
executors, administrators or assigns to such removal
2) Selling or pledging personal property already pledged, or
any part thereof, under the terms of the Chattel Mortgage
Law, without the consent of the mortgagee written on the
back of the mortgage and noted on the record thereof in
the office of the register of deeds of the property where
such property is located
a) PERSONAL PROP IS ALREADY PLEDGED under
the terms of the Chattel Mortgage Law
b) Offender, whos the MORTGAGOR of such property,
SELLS OR PLEDGES THE SAME OR ANY PART thereof
c) NO CONSENT OF MORTGAGEE written on the back
of the mortgage and noted on the record thereof in the
office of the register of deeds
+ Chattel mortgage mortgage of personal property; cant
be mortgaged again, unless the contract says you can
+ Real property mortgage can be mortgaged several times
at once
320. DESTRUCTIVE ARSON
Punished acts: Burning
1) 1 OR MORE BUILDINGS or edifices, CONSEQUENT
TO A SINGLE ACT OF BURNING, OR AS A RESULT OF
SIMULTANEOUS BURNINGS, OR COMMITTED ON
SEVERAL OR DIFFERENT OCCASIONS
2) ANY BUILDING DEVOTED TO THE PUBLIC IN
GENERAL, regardless of whether offender had knowledge
that there are persons in said building or edifice at the time
its set on fire & regardless also of whether the building is
actually inhabited or not

3) ANY train or LOCOMOTIVE, ship or VESSEL, AIRSHIP


or airplane, DEVOTED TO TRANSPORTATION OR
CONVEYANCE, OR FOR PUBLIC USE,
ENTERTAINMENT OR LEISURE
4) ANY BUILDING, FACTORY, WAREHOUSE
INSTALLATION, & any APPURTENANCES THERETO,
which are DEVOTED TO the service of PUBLIC UTILITIES
5) ANY BUILDING the BURNING OF W/C IS FOR the
purpose of CONCEALING OR DESTROYING EVIDENCE
OF ANOTHER VIOLATION OF THE LAW, OR FOR the
purpose of CONCEALING BANKRUPTCY OR
DEFRAUDING CREDITORS OR TO COLLECT FROM
INSURANCE
6) Any ARSENAL, SHIPYARD, STOREHOUSE, OR
MILITARY POWER OR FIREWORKS FACTORY,
ORDINANCE, STOREHOUSE, ARCHIVES, OR GEN.
MUSEUM OF THE GOVT
7) INHABITED PLACE, ANY STOREHOUSE OR
FACTORY OF INFLAMMABLE OR EXPLOSIVE
MATERIALS
+ PURPOSE of the law: to effectively discourage and deter
the commission of the crime, to prevent the destruction of
properties and protect the lives of innocent people
+ Nature of destructive arson is distinguished from simple
arson by the degree of perversity or viciousness of the
criminal offender
+ Simple arson under PD 1613 contemplates crimes with
less significant social, economic, political and national
security implications than destructive arson
327. WHO ARE LIABLE FOR MALICIOUS MISCHIEF
Elements:
1) OFFENDER DELIBERATELY CAUSED DAMAGE TO
ANOTHERS PROP
2) SUCH act DOESNT CONSTITUTE ARSON OR OTHER
CRIMES INVOLVING DESTRUCTION
3) ACT OF DAMAGING ANOTHERS PROP was
COMMITTED MERELY FOR THE SAKE OF DAMAGING
IT
+ MALICIOUS MISCHIEF: any means of causing damage
to the property of another without the use of fire or
pyrotechnic (arson). There must be specific INTENT TO
DESTROY THE PROP OF ANOTHER
+ If the intent is to irritate a person, the crime is unjust
vexation. Malicious mischief is against property while unjust
vexation is against personal security.
+ Malicious mischief is COMMITTED ONLY BY DOLO
because malice is an inherent element. The offender
shouldnt appropriate the property or portion thereof;
otherwise, the crime is theft.
328. SPECIAL CASES OF MALICIOUS MISCHIEF
Punished acts:
1) CAUSING DAMAGE TO OBSTRUCT PERFORMANCE
OF PUBLIC FUNCTIONS
2) USING any POISONOUS OR CORROSIVE
SUBSTANCE
3) SPREADING any INFECTION OR CONTAGION
AMONG CATTLE
4) CAUSING DAMAGE TO the PROP OF THE NATL
MUSEUM OR NATL LIBRARY, OR to ANY ARCHIVE OR
REGISTRY, WATERWORKS, ROAD, PROMENADE, OR
ANY OTHER THING USED IN COMMON BY THE PUBLIC

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+ No longer any malicious mischief involving large cattle


thats now a violation of PD 533

+ Adultery COMMITTED IN A STATE OF ABANDONMENT


is an EXTENUATING CIRCUMSTANCE

329. OTHER MISCHIEFS


+ Penalties for mischief not included in next preceding
article, based on value of damage caused

334. CONCUBINAGE
Elements:
1) MARRIED MAN
2) EITHER
a) KEEPING A MISTRESS IN THE CONJUGAL
DWELLING
b) HAVING SEXUAL INTERCOURSE UNDER
SCANDALOUS CIRCUMSTANCES W/ A WOMAN NOT
HIS WIFE
c) COHABITING WITH A WOMAN NOT HIS WIFE in
any other place
3) WOMAN MUST KNOW THE MAN IS MARRIED

330. DAMAGE AND OBSTRUCTION TO MEANS OF


COMMUNICATION
+ Penalties imposed upon any person
damage any railway, telegraph or telephone lines
- damage results in any derailment of cars, collision
or other accident, w/o prejudice to the criminal
liability of the offender for the other consequences
of his criminal act
331. DESTROYING OR DAMAGING STATUES, PUBLIC
MONUMENTS OR PAINTINGS
+ Penalties imposed for destroying or damaging
statues or any other useful or ornamental public
monument
any useful or ornamental painting of a public
nature
332. PERSONS EXEMPT FROM CRIMINAL LIABILITY
Crimes involved in exemption:
1) THEFT
2) ESTAFA
3) MALICIOUS MISCHIEF
Persons exempted from criminal liability
1) SPOUSE, ASCENDANTS AND DESCENDANTS, OR
RELATIVES BY AFFINITY IN THE SAME LINE
2) WIDOWED SPOUSE with respect to the PROPERTY
W/C BELONGED TO THE DECEASED SPOUSE before
the same passed into the possession of another
3) BROTHERS & SISTERS AND BROTHERS-IN-LAW &
SISTERS-IN-LAW, if living together
+ No exemption
Estafa is complexed with other crimes
Destruction musnt be by means of burning
thats arson, not malicious mischief
CRIMES AGAINST CHASTITY
333. WHO ARE GUILTY OF ADULTERY
Elements:
1) MARRIED WOMAN
2) She HAS SEXUAL INTERCOURSE W/ A MAN NOT
HER HUSBAND
3) MAN w/ whom she has sexual intercourse MUST KNOW
SHES MARRIED
+ ONLY the OFFENDED SPOUSE CAN INITIATE THE
ACTION but BOTH OFFENDERS in adultery or
concubinage MUST BE NAMED IN THE COMPLAINT
+ COMPLAINANT MUST BE A SPOUSE AT THE TIME OF
THE COMPLAINT. If at the time of the filing, complainant
has obtained a divorce abroad, although not recognized
here, he has no standing to file the complaint
+ AS MANY COUNTS OF ADULTERY AS THERE ARE
SEXUAL ACTS just like in rape. ADULTERY CAN ONLY
BE ATTEMPTED OR CONSUMMATED because the
essence is CARNAL KNOWLEDGE
+ Even if the marriage is subsequently declared void,
adultery can still be committed.

+ SEXUAL INTERCOURSE NOT AN INDISPENSABLE


ELEMENT of concubinage
+ Concubine is penalized only by destierro
+ For either CONSENT OR PARDON TO BENEFIT THE
ACCUSED in adultery or concubinage, it MUST BE GIVEN
PRIOR TO THE FILING OF A CRIMINAL COMPLAINT
336. ACTS OF LASCIVIOUSNESS
Elements:
1) Offender COMMITS ANY ACT OF LASCIVIOUSNESS
OR LEWDNESS
2) ACT of lasciviousness is COMMITTED AGAINST A
PERSON OF EITHER SEX
3) DONE UNDER ANY OF THE FF. circumstances:
a) By USING FORCE OR INTIMIDATION
b) When OFFENDED PARTY IS DEPRIVED OF
REASON or otherwise UNCONSCIOUS
c) By means of FRAUDULENT MACHINATION OR
GRAVE ABUSE OF AUTHORITY
d) OFFENDED PARTY is LESS THAN 12 YRS OF AGE
OR is DEMENTED
+ Committed against a male or female and under
circumstances of rape. In 339 the acts of lasciviousness
are committed under circumstances of seduction and the
victim must be a female
+ Compared to attempted rape: for both, theres no
penetration. More importantly, IN ACTS OF
LASCIVIOUSNESS, there is LACK OF INTENT TO
PENETRATE
337. QUALIFIED SEDUCTION
Punished acts & respective elements:
1) Seduction of a VIRGIN 12<x<18 YRS OF AGE BY
CERTAIN PERSONS, such as a person in authority, priest,
or teacher
a) Offended party is a VIRGIN, which is PRESUMED IF
SHES UNMARRIED AND OF GOOD REPUTATION
b) Shes OVER 12 AND UNDER 18 years of age
c) OFFENDER HAS SEXUAL INTERCOURSE WITH
HER
d) Theres ABUSE OF AUTHORITY, CONFIDENCE OR
RELATIONSHIP ON THE PART OF THE OFFENDER
2) Seduction of a SISTER BY HER BROTHER, OR
DESCENDANT BY HER ASCENDANT, REGARDLESS OF
HER AGE OR REPUTATION
a) Offended party NEED NOT BE A VIRGIN OR SHE
MAY BE OVER 18 years of age
b) OFFENDER HAS SEXUAL INTERCOURSE WITH
HER

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c) Offender is HER BROTHER OR ASCENDANT BY


CONSANGUINITY, whether legitimate or illegitimate
+ No consent in rape. In seduction, THERES CONSENT
BUT SUCH WAS SECURED THROUGH CAJOLERY OR
DECEIT
338. SIMPLE SEDUCTION
Elements:
1) OFFENDED PARTY is OVER 12 AND UNDER 18 YRS
OLD
2) OF GOOD REPUTATION, SINGLE OR WIDOW
3) OFFENDER HAD SEXUAL INTERCOURSE WITH HER
4) Its COMMITTED BY MEANS OF DECEIT
+Deceit consisting of PROMISE OF MARRIAGE to a minor
SIMPLE SEDUCTION
QUALIFIED SEDUCTION
Woman is SINGLE OR
Woman is a VIRGIN
WIDOW OF GOOD
REPUTATION
May be committed by ANY
Offender is a PERSON IN
PERSON
PUBLIC AUTHORITY,
priest, house servant or
any person entrusted with
the education or custody of
the woman
Victim OVER 12 BUT
When the offender is the
UNDER 18 years old
brother or an ascendant,
VICS AGE AND MORAL
REPUTATION IS NOT
MATERIAL
339. ACTS OF LASCIVIOUSNESS WITH THE CONSENT
OF THE OFFENDED PARTY
Elements:
1) OFFENDER COMMITS ACTS OF LASCIVIOUSNESS
or lewdness
2) ACTS are COMMITTED UPON A WOMAN whos a
VIRGIN OR SINGLE OR WIDOW OF GOOD
REPUTATION, UNDER 18 BUT OVER 12 years of age,
OR A SISTER OR DESCENDANT, regardless of her
reputation or age
3) OFFENDER ACCOMPLISHES the ACTS BY ABUSE
OF AUTHORITY, CONFIDENCE, RELATIONSHIP, OR
DECEIT
+ Acts of lasciviousness in 339 are committed under
circumstances of seduction and the victim must be a
female
340. CORRUPTION OF MINORS
Elements:
1) Offender PROMOTES OR FACILITATES THE
PROSTITUTION OR CORRUPTION OF PERSONS
UNDER AGE
2) PURPOSE is TO SATISFY THE LUST OF ANOTHER
341. WHITE SLAVE TRADE
Punished acts:
1) ENGAGING IN the business of PROSTITUTION
2) PROFITING BY PROSTITUTION
3) ENLISTING the SERVICES OF WOMEN FOR the
purpose of PROSTITUTION
+ Check PAGE 6 FOR RA 7610 NOTES

342. FORCIBLE ABDUCTION


Elements:
1) PERSON ABDUCTED is ANY WOMAN, regardless of
her age, civil status, or reputation
2) Abducted AGAINST HER WILL
3) Abduction is WITH LEWD DESIGNS
+ Acts of lasciviousness are overt acts manifesting lewd
designs
+ No lewd design = serious illegal detention
+ For FORCIBLE ABDUCTION WITH RAPE, 4TH
ELEMENT = abducted woman is raped under any of the
circumstances in 335 (offender had carnal knowledge of a
woman & such is accomplished by using force or
intimidation)
+ Use of deadly weapon, being a qualifying circumstance,
must be alleged in the information
+ Only when the rape is consummated can the complex
crime of forcible abduction with rape be committed.
+ ONLY ONE of several rapes is complexed with forcible
abduction. OTHER RAPES ARE CHARGED
SEPARATELY as one count each
343. CONSENTED ABDUCTION
Elements:
1) Offended party is a VIRGIN
2) OVER 12 AND UNDER 18 years of age
3) Offender TAKES HER AWAY WITH HER CONSENT,
AFTER SOLICITATION OR CAJOLERY
4) TAKING AWAY is WITH LEWD DESIGNS
+ GRAVAMEN of the offense ALARM & DISTURBANCE
TO THE PARENTS & FAMILY OF THE VIC AND THE
INFRINGEMENT OF THEIR RIGHTS
+ Victim consent because of cajolery short of deceit
+ Theres a taking away from the family take out of
familys control
344. PROSECUTION OF THE CRIMES OF ADULTERY,
CONCUBINAGE, SEDUCTION, ABDUCTION, RAPE AND
ACTS OF LASCIVIOUSNESS
+ ADULTERY & CONCUBINAGE must be prosecuted
UPON COMPLAINT SIGNED BY THE OFFENDED
SPOUSE
+ SEDUCTION, ABDUCTION, OR ACTS OF
LASCIVIOUSNESS must be prosecuted UPON
COMPLAINT SIGNED BY
OFFENDED PARTY
Her PARENTS, GRANDPARENTS, OR
GUARDIANS, in the order theyre herein named
+ Pardon by the offended party doesnt extinguish criminal
liability. To be effective, it must be given prior to the
institution of the criminal case
345. CIVIL LIABILITY OF PERSONS GUILTY OF CRIMES
AGAINST CHASTITY
1) Persons guilty of RAPE, SEDUCTION, OR ABDUCTION
sentenced to
- INDEMNIFY offended woman
- ACKNOWLEDGE OFFSPRING, unless the law should
prevent him from doing so
- SUPPORT THE OFFSPRING, in any case
2) ADULTERER & CONCUBINE may also be sentenced,
IN THE SAME PROCEEDING OR A SEPARATE CIVIL

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PROCEEDING, to INDEMNIFY FOR DAMAGES CAUSED


to the offended spouse
+ Indemnification under 345(1) should be absolute and is
never conditioned upon the financial capacity of the
accused
346. LIABILITY OF ASCENDANTS, GUARDIANS,
TEACHERS, OR OTHER PERSONS ENTRUSTED WITH
THE CUSTODY OF THE OFFENDED PARTY
1) The ascendants, guardians, curators, teachers & ANY
PERSON WHO, BY ABUSE OF AUTHORITY OR
CONFIDENTIAL RELATIONSHIPS, shall COOPERATE AS
ACCOMPLICES in the perpetration of the crimes embraced
in Chapters Two, Three and Four of this Title (from acts of
lasciviousness to consented abduction), shall be
PUNISHED AS PRINCIPALS
2) Teachers or other PERSONS in any other capacity
ENTRUSTED WITH THE EDUCATION AND GUIDANCE
OF YOUTH, shall also suffer penalty of TEMPORARY
SPECIAL DISQUALIFICATION in its max period to
PERPETUAL SPECIAL DISQUALIFICATION
3) ANY PERSON FALLING WITHIN THE TERMS OF THIS
ARTICLE, and any other person guilty of corruption of
minors for the benefit of another, shall be punished by
special disqualification from filling the office of guardian
CRIMES AGAINST THE CIVIL STATUS OF PERSONS
+ STATE INTEREST: Preserve identity regulated under the
CC birth, marriage, death
347. SIMULATION OF BIRTHS, SUBSTITUTION OF ONE
CHILD FOR ANOTHER, AND CONCEALMENT OR
ABANDONMENT OF A LEGITIMATE CHILD
Punished acts:
1) SIMULATION OF BIRTHS
2) SUBSTITUTION OF ONE CHILD FOR ANOTHER
3) CONCEALING OR ABANDONING ANY LEGITIMATE
CHILD WITH INTENT TO CAUSE SUCH CHILD TO LOSE
ITS CIVIL STATUS
+ Simulation of birth MUST BE MADE IN THE RECORD
OF BIRTH; simulation in any other document is falsification
+ WOMAN WHO SIMULATES birth & the ONE WHO
FURNISHES THE CHILD are both liable as principals
+ Per RA 7610, the crime is committed by the PARENTS
WHO AGREE TO THE ADOPTION of the child FOR A
CONSIDERATION; or the PHYSICIAN who MAKES IT
APPEAR IN THE RECORD OF BIRTH that the supposed
parents are the natural parents
+ Object of the crime under 347 is the creation of false, or
the causing of the loss of, civil status
348. USURPATION OF CIVIL STATUS
+ Gives penalties should person usurp anothers civil status
for defrauding offended party or his heirs, or otherwise
349. BIGAMY
Elements:
1) Offender HAS BEEN LEGALLY MARRIED
2) MARRIAGE HAS NOT BEEN LEGALLY DISSOLVED
OR, in case his/her spouse is absent, ABSENT SPOUSE
COULD NOT YET BE PRESUMED DEAD
3) CONTRACTS 2ND OR SUBSEQUENT MARRIAGE
4) 2ND OR SUBSEQUENT MARRIAGE HAS ALL
ESSENTIAL REQUISITES for validity

+ Necessity for a JUDICIAL DECLARATION OF


ABSOLUTE NULLITY OF MARRIAGE before contracting
another. Such requirement is also for the protection of the
spouse who, believing that his marriage is illegal and void,
marries again.
350. ILLEGAL MARRIAGE
Elements:
1) Offender CONTRACTED MARRIAGE
2) KNEW AT THE TIME THAT:
a) LEGAL REQTS WERENT COMPLIED WITH
b) MARRIAGE was IN DISREGARD OF A LEGAL
IMPEDIMENT
BIGAMY
Subsequent marriage must
be perfectly VALID
EXCEPT its BIGAMOUS
LIMITED to offenders
CONTRACTING 2ND
MARRIAGE BEFORE FMR
HAS BEEN LEGALLY
DISSOLVED or before
absent spouse has been
declared presumptively
dead

ILLEGAL MARRIAGE
Subsequent marriage is
NULL OR ANNULLABLE
EVEN IF THERES NO 1ST
MARRIAGE
COVERS ALL marriages
which are otherwise
voidable or null and void
EXCEPT BIGAMOUS
MARRIAGES

351. PREMATURE MARRIAGE


Persons liable:
1) WIDOW who is MARRIED W/IN 301 DAYS FROM
DATE OF HER HUSBANDS DEATH, OR BEFORE
HAVING DELIVERED if shes pregnant at the time of his
death
2) WOMAN WHO, her marriage having been annulled or
dissolved, MARRIED BEFORE HER DELIVERY OR
BEFORE the EXPIRATION OF 301-DAY PERIOD AFTER
THE date of the LEGAL SEPARATION
+ REASON FOR 351: prevent confusion as to childs
paternity. If the woman isnt pregnant when she married or
if her pregnancy is then manifest, theres no confusion as
to the childs paternity.
+ Absent the reason for the law, the law doesnt apply. If
the woman is barren, the same principle holds true
352. PERFORMANCE OF ILLEGAL MARRIAGE
CEREMONY
Persons liable:
+ PRIESTS OR MINISTERS of any religious denomination
or sect, or civil authorities
+ Persons who PRETEND TO BE PRIESTS will be LIABLE
FOR USURPATION OF OFFICIAL FUNCTION
CRIMES AGAINST HONOR
353. DEFINITION OF LIBEL
Elements:
1) There must be an IMPUTATION of a crime, or of a vice
or defect, real or imaginary, or any act, omission, condition,
status, or circumstance
2) Imputation must be MADE PUBLICLY
3) Must be MALICIOUS

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4) Imputation must TEND TO CAUSE the DISHONOR,


DISCREDIT OR CONTEMPT OF the PERSON DEFAMED
+ LIBEL: a public and malicious imputation of a crime even
if true of a vice or defect, real or imaginary or any act or
omission, condition, status, or circumstance tending to
cause dishonor, discredit, or contempt of a natural person,
juridical person, or blacken the memory of one who is dead
+ To satisfy the element of IDENTIFIABILITY, it must be
shown that AT LEAST A 3RD PERSON OR A STRANGER
WAS ABLE TO IDENTIFY HIM AS THE OBJECT OF THE
DEFAMATORY STATEMENT
+ ELEMENTS OF LIBEL
1) IMPUTATION
2) PUBLICITY
3) MALICE
4) IDENTIFIABLE PERSON
5) TENDS TO CAUSE DISCREDIT, etc.
354. REQUIREMENT FOR PUBLICITY
+ EVERY defamatory IMPUTATION IS PRESUMED to be
MALICIOUS, even if it be true, IF NO GOOD INTENTION &
JUSTIFIABLE MOTIVE FOR MAKING IT IS SHOWN.
EXCEPTIONS:
PRIVATE COMMUNICATION made by any
person to another in the performance of any legal,
moral, or social duty
FAIR AND TRUE REPORT, made in good faith,
without any comments/remarks, of any JUDICIAL,
LEGISLATIVE, OR OTHER OFFICIAL
PROCEEDINGS W/C ARENT OF
CONFIDENTIAL NATURE, or of any statement,
report, or speech delivered in said proceedings, or
of any other act performed by public officers in the
exercise of their functions
+ There is PUBLICITY if the MATERIAL IS
COMMUNICATED TO A 3RD PERSON. Its not required
that the person defamed has read or heard about the
libelous remark. What is material is that a third person has
read or heard the libelous statement
+ Imputation is legally malicious if done without any reason
that would justify a normally conscientious man in so
making the imputation.
+ DOCTRINE OF FAIR COMMENT: While in general every
discernible imputation publicly made is deemed false, when
the imputation is directed against a PUBLIC PERSON IN
HIS PUBLIC CAPACITY, its not necessarily actionable.
+ If the comment is an expression of an opinion, based on
established facts, then its immaterial that the opinion
happens to be mistaken, as long as it might be reasonably
inferred from the facts.
+ KINDS OF PRIVILEGE
1) ABSOLUTE: law doesnt allow malice as a factor. NOT
ACTIONABLE
- Statements by lawyers in pleadings which are relevant to
the case
- Statements in judicial, legislative, or other official
proceedings
- Acts of State
2) QUALIFIED: not actionable unless author was in bad
faith ACTIONABLE IF MALICE IN FACT IS SHOWN
+ UNNECESSARY PUBLICATION DESTROYS THE
PRIVILEGE

+ MALICE IN LAW: that which the law presumes to be


present where the offender cant establish justifiable
reasons or good motives for the imputation. Complainant
doesnt have to prove its existence because its presumed
by law
+ MALICE IN FACT: that which the complainant has to
prove to exist. Offended must prove the existence of malice
to hold the offender criminally and civilly liable. This malice
is RELEVANT IN QUALIFIED PRIVILEGED
COMMUNICATIONS.
355. LIBEL BY MEANS OF WRITINGS OR SIMILAR
MEANS
Libel may be committed by means of:
1) Writing
2) Printing
3) Lithography
4) Engraving
5) Radio
6) Photograph
7) Painting
8) Theatrical exhibition
9) Cinematographic exhibition
10) Any similar means
356. THREATENING TO PUBLISH AND OFFER TO
PREVENT SUCH PUBLICATION FOR A
COMPENSATION
Punished acts:
1) THREATENING ANOTHER TO PUBLISH A LIBEL
concerning him, or his parents, spouse, child, or other
family members
2) OFFERING TO PREVENT the PUBLICATION OF SUCH
libel for compensation or money consideration
357. PROHIBITED PUBLICATION OF ACTS REFERRED
TO IN THE COURSE OF OFFICIAL PROCEEDINGS
Elements:
1) Offender is a REPORTER, EDITOR, OR MANAGER of a
NEWSPAPER, daily or magazine
2) He PUBLISHES FACTS CONNECTED W/ THE
PRIVATE LIFE OF ANOTHER
3) SUCH facts are OFFENSIVE TO THE HONOR, VIRTUE
AND REPUTATION OF SAID PERSON
358. SLANDER
Kinds of oral defamation:
1) SIMPLE slander
2) GRAVE slander, when it is of a serious and insulting
nature
+ Source of the statement is known. If the intrigue is in
writing:
FALSIFICATION, if not under oath (false narration
of facts)
PERJURY, if under oath
+ CONSIDER GRAVITY on basis of EXPRESSIONS
USED & ATTENDANT CIRCUMSTANCES
+ As your status goes up, the more respect youre entitled
to and the bigger the amount of damages you can claim
359. SLANDER BY DEED
Elements:
1) Offender PERFORMS ANY ACT NOT INCLUDED IN
ANY OTHER CRIME AGAINST HONOR

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2) SUCH act is PERFORMED IN the PRESENCE OF


OTHER PERSON/S
3) SUCH act CASTS DISHONOR, DISCREDIT OR
CONTEMPT UPON THE OFFENDED PARTY
+ Differentiated from:
- Acts of lasciviousness: LEWD DESIGN
- Unjust vexation: ANNOYANCE
- SLANDER BY DEED: PUBLICITY THAT LEADS TO
SHAME
360. PERSONS RESPONSIBLE
Persons responsible for libel:
1) ANY PERSON who shall PUBLISH, EXHIBIT, OR
CAUSE THE PUBLICATION OR EXHIBITION of any
defamation in writing or by similar means
2) The AUTHOR OR EDITOR of a BOOK OR PAMPHLET
3) The EDITOR OR BUSINESS MANAGER of a DAILY
NEWSPAPER, MAGAZINE, OR SERIAL PUBLICATION
361. PROOF OF THE TRUTH
Proof of the truth is admissible in any of the ff.:
1) When the ACT OR OMISSION IMPUTED
CONSTITUTES A CRIME regardless of whether the
offended party is a private individual or a public officer
2) When the OFFENDED PARTY IS A GOVT EMPLOYEE,
even if the ACT OR OMISSION doesnt constitute a crime,
provided, its RELATED TO THE DISCHARGE OF HIS
OFFICIAL DUTIES
+ GEN. RULE: Evidence proving the imputation is
objectionable because such is inadmissible. 361 provides
the exceptions
+ The question is whether from the fact that the statements
were defamatory, malice can be presumed so that it was
incumbent upon petitioner to overcome such presumption
+ RULE OF ACTUAL MALICE: Even if the defamatory
statement is false, no liability can attach if it relates to
official conduct, unless the public official concerned proves
that the statement was made with actual malice that is,
with knowledge that it was false or with reckless disregard
of whether it was false or not
+ When person is a PUBLIC FIGURE, anything that is in
connection with why hes in the spotlight is fair game.
Imputation regarding something purely private is actionable
+ For PUBLIC OFFICIALS, its not actionable if its in
connection with what they do in office performance of
duty or fitness to hold public office
+ ONLY THE OFFENDED PARTY CAN FILE
+ Rules on VENUE
1) PRIVATE individual
- WHERE HE RESIDES at the time the offense was
committed
- PLACE OF FIRST PUBLICATION
2) PUBLIC OFFICIAL
- Where he HOLDS OFFICE
- PLACE OF FIRST PUBLICATION
362. LIBELOUS REMARKS
+ Libelous remarks or comments CONNECTED ON
MATTERS PRIVILEGED, IF MADE WITH MALICE IN
FACT, DONT EXEMPT the author or editor.

Elements:
1) OFFENDER PERFORMS an act
2) BY SUCH an act, HE INCRIMINATES OR IMPUTES TO
AN INNOCENT PERSON THE COMMISSION OF A
CRIME
3) SUCH act DOESNT CONSTITUTE PERJURY
+ Limited to PLANTING EVIDENCE
+ This act is resorted to by officers to enable them to arrest
the subject, in which case the arrest is unlawful. The crime
is unlawful arrest through incriminating innocent persons
+ Example: Taking ones wallet and putting it into anothers
pocket imputing that the latter committed theft
364. INTRIGUING AGAINST HONOR
Elements:
1) Offender DISSEMINATES ANY INTRIGUE
2) Its principal PURPOSE is TO BLEMISH the HONOR OR
REPUTATION OF A PERSON
+ Any intrigue which has for its principal purpose to blemish
the honor or reputation of a person. The author is unknown
and the offender utters only what he heard others say
+ Must prove existence of a scheme
RA 4200 ANTI-WIRETAPPING LAW
+ Penalizes acts of SECRETLY OVERHEARING,
INTERCEPTING OR RECORDING PRIVATE
COMMUNICATIONS by means of devices enumerated
therein. Mere allegation that an individual made a secret
recording of a private communication by means of a tape
recorder would suffice to constitute an offense
+ ANY RECORDING is INADMISSIBLE unless its W/
CONSENT OF BOTH PARTIES OR THROUGH COURT
ORDER
+ Makes it ILLEGAL FOR ANY PERSON, NOT
AUTHORIZED BY ALL THE PARTIES to any private
communication to secretly record such communication
The law makes NO DISTINCTION AS TO WHETHER the
PARTY SOUGHT TO BE PENALIZED BE A PARTY
OTHER THAN or different from THOSE INVOLVED IN
PRIVATE COMMUNICATION
+ There must be EITHER a PHYSICAL INTERRUPTION
through a WIRETAP or the DELIBERATE INSTALLATION
of a device or arrangement for that purpose. Interception by
an extension phone not considered under any other device
or arrangement
+ Framers of the law more concerned with penalizing the
act of recording than the act of merely listening to a
telephone conversation
CRIMINAL NEGLIGENCE
365. IMPRUDENCE AND NEGLIGENCE
Punished acts:
1) Committing through RECKLESS IMPRUDENCE ANY
ACT WHICH, had it been intentional, WOULD
CONSTITUTE A GRAVE OR LESS GRAVE FELONY OR
LIGHT FELONY
2) Committing through SIMPLE IMPRUDENCE OR
NEGLIGENCE AN ACT WHICH WOULD otherwise
CONSTITUTE A GRAVE OR LESS SERIOUS FELONY
3) CAUSING DAMAGE TO the PROPERTY OF ANOTHER
THROUGH RECKLESS IMPRUDENCE OR SIMPLE
IMPRUDENCE OR NEGLIGENCE

363. INCRIMINATING INNOCENT PERSONS


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4) CAUSING THROUGH SIMPLE IMPRUDENCE OR


NEGLIGENCE SOME WRONG WHICH, if done
maliciously, WOULDVE CONSTITUTED A LIGHT
FELONY
+ NEGLIGENCE: Lack of FORESIGHT you SHOULDVE
KNOWN
+ IMPRUDENCE: Lack of SKILL you SHOULDVE BEEN
MORE CAREFUL
+ ACCIDENT IS EXEMPTING: no intent and no negligence
or imprudence
Elements of RECKLESS IMPRUDENCE
1) Offender DOES OR FAILS TO DO AN ACT
2) DOING OR FAILURE TO DO THAT ACT is
VOLUNTARY
3) WITHOUT MALICE
4) RESULTING IN MATERIAL DAMAGE
5) Theres INEXCUSABLE LACK OF PRECAUTION ON
OFFENDERS PART CONSIDERING:
a) His EMPLOYMENT OR OCCUPATION
b) DEGREE OF INTELLIGENCE & PHYSICAL
CONDITION
c) OTHER CIRCUMSTANCES regarding persons, time
and place
+ In reckless imprudence, the impending damage is
immediate and the danger manifest; otherwise its simple
imprudence
+ Malice is the antithesis of reckless imprudence. Once
malice is proven, recklessness disappears
+ DEGREE OF CARELESSNESS OR LACK OF
FORESIGHT results in distinction as to penalty
Elements of SIMPLE IMPRUDENCE
1) Theres LACK OF PRECAUTION ON the PART OF the
OFFENDER
2) DAMAGE IMPENDING TO BE CAUSED ISNT
IMMEDIATE OR the DANGER ISNT CLEARLY
MANIFEST

at least on a prima facie basis the guilt of the accused


(normally prosecution must prove what accused failed to
do)
+ EMERGENCY RULE: Person is in a place of danger, and
is required to act without time to consider the best means
that may be adopted to avoid the impending danger, is not
guilty of negligence if he fails to adopt what may appear to
have been a better method, unless the emergency is
brought about by his own negligence
+ RES IPSA LOQUITUR is generally restricted to situations
in malpractice cases where a layman in able to say, as a
matter of common knowledge and observation, that the
consequences of professional care werent as such as
would ordinarily have been followed if due care had been
exercised
Requisites for application of res ipsa loquitur:
1) Accident was OF THE KIND W/C DOESNT
ORDINARILY OCCUR UNLESS SOMEONE IS
NEGLIGENT
2) INSTRUMENTALITY or agency W/C CAUSED the
INJURY was UNDER THE EXCLUSIVE CONTROL OF
THE PERSON IN CHARGE
3) INJURY SUFFERED must NOT have been DUE TO
ANY VOLUNTARY ACTION OR CONTRIBUTION OF the
PERSON INJURED
+ Generally, expert medical testimony is relied upon in
malpractice suits to prove a doctor has done a negligent
act or deviated from standard medical procedure. When the
doctrine of RES IPSA LOQUITUR is availed by the plaintiff,
the need for expert testimony is dispensed with because
the injury itself provides proof of negligence. When the
doctrine is appropriate, all that the patient must do is
PROVE A NEXUS BETWEEN THE PARTICULAR ACT or
omission COMPLAINED OF AND THE INJURY
SUSTAINED while under the custody and management of
the defendant.

+ SIMPLE NEGLIGENCE: mere lack of prevision in a


situation where either the threatened harm is not immediate
or the danger not openly visible
+ MEDICAL MALPRACTICE: a particular form of
negligence which consists in the failure of a physician or
surgeon to apply to his practice of medicine that degree of
care and skill which is ordinarily employed by the
profession generally, under similar conditions, and in like
surrounding circumstances
Elements:
1) DUTY
2) BREACH
3) INJURY
4) PROXIMATE CAUSE
+ Patient must prove the doctor either failed to do
something which a reasonably prudent doctor wouldve
done, or that s/he did something that a reasonably prudent
doctor wouldnt have done, and that the failure or action
caused injury to the patient
+ NEGATIVE INGREDIENT TEST: present best evidence
procurable under the circumstances to shift burden of
disproving or creating the proof of the negative ingredient
to the accused, provided such initial evidence establishes
2ND SEMESTER, AY 2008-2009