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Criminal law review | Glenn Tuazon edited by Y.

Sanchez | Justice Callejo

statute itself. An administrative regulation implementing a penal statute


[Glenn Tuazon] 2010, 1st sem

part of the legal system of the Philippines. But decisions of the SC

Justice Callejo

interpreting criminal statutes are not penal laws per se they are merely


If asked to enumerate at least two laws which show that the Phil.
criminal law follows positivist theory, what laws are these?
o Habitual delinquency law
o People v. Ducusin 59 Phil. 109 The ISL was approved to

All felonies in RPC are public wrongs, as distinguished from private

wrongs, the latter of which is just a breach of duty or contract of two

has effect of penal law if it complies with the two requirements.

Article 8 of NCC: judicial decisions interpreting the Constitution forms

private parties.
Although the State has power to prosecute persons for private crimes,

uplift and improve human life. Not focused on the person as a

criminal, but the law takes into account economic usefulness of

the law gives the victim the privilege of not instituting actions for private
crimes: adultery, seduction, abduction, etc. There must be a complaint

that the State is concerned not just with protective social order

and humiliation. (Juan de Penas v. P; 16 SCRA 871)

Under RA 8353, the marriage of the offender and the offended party will

against criminal acts, but also redeeming the individual for

crime. (Art. 344 of RPC) it is now a crime against persons.

There are no common law crimes in the Philippines, unlike England and
the U.S. There are laws there which define crimes but do not provide

common law are not binding on the Philippines unless applicable to

are: RPC, SPL, municipal ordinances. What about administrative

regulations. May these partake of nature of criminal law? YES.
Requisites: 1) violation of admin regulation must be made a crime by the
delegating statute. 2) Penalty for violation must be provided by the

Health Care Inc. v. Secretary of Health How does I law become, under
the 1987 Consti? Either by transformation or incorporation.
o Transformation requires that the I-law be transformed into

sine lege. (People v. Cuna 12 Phil. 241 doctrines derived from

local conditions and not in conflict with local laws)
Perez v. LPG Refillers Assoc. 492 SCRA 638 sources of criminal law

social ends. Not just retribution, but reformation.

Generality Art 14 of the NCC. Penal laws apply to all those who live or
sojourn in the Philippines, subject to international law or treaty

penalties. BUT in the Philippines, we follow nullum crime nulla poena

offended and excessiveness of deprivation of liberty.

De Joya v. Jail warden 417 SCRA 636 The SC emphasized

initiated by the offended party. Ratio: to protect the latter from shame

extinguish criminal liability of the accused. Rape is no longer a private

domestic law; ex. local legislation

o Incorporation international law is part of the law of the land.
Immunities from criminal prosecution by certain individuals
o VCDR adopted by U.N. and the Philippines.
o Who are the diplomats covered? Classified into four:
o A) ambassadors, ambassadors extraordinary; B) ministers
and papal internuncios C) ministers-residents, D) chargesde-affaires

Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo


Inviolable; not subject to local penal laws. Immune from arrest

EXCEPTION: service-connected offenses (provided in RA

and prosecution for violation for local laws.

But may be temporarily restrained if they commit acts that

7055) courts-martial
Civilian court determines before arraignment when the crime is

Is it possible for a service oriented crime to be tried by civilian

threaten public order. State may simply request for recall of the
diplomat but will not be prosecuted locally. Patemi v. U.S.

(C.A. 1963, District of Columbia)

Minucher v. CA 397 SCRA 244 The petitioner is a citizen of

courts? YES. The President, before arraignment, in the

Iran, but is also an honorary consul. He was caught in

as it is covered by the RPC or any other SPL. (Gonzales v.

interest of justice, may refer the crime to a civilian court as long

possession of drugs. HELD: A consul is not exempt from

criminal prosecution for violation of the penal laws of a country

where he is assigned to. Not entitled to any immunity or

diplomatic privileges under the VCDR. Nature of job of
consuls, vice-consuls, or consuls-general are commercial in

courts, because the PNP is civilian in character.

Are there instances where even if certain persons commit crimes,
nevertheless, they may not be prosecuted?
o Yes, if they enjoy immunity by law.
o Tanchangco v. Sandiganbayan (476 SCRA 202), one may also


Exception: when there is an agreement between the

Phils. and the sending country. But the exemption is

Abaya, 498 SCRA 445, Navales v. Abaya 441 SCRA 393)

Members of PNP RA 6975
o Which entity of the government has jurisdiction? Civilian

enjoy statutory immunity from criminal prosecution, where

not based on the nature of his position.

Liang v. People 407 Phil. 414. The RP and ADB entered into

an agreement under which officers and staff members enjoy

any incident of vote buying or vote selling, and he testifies

immunity from legal processes and prosecution, with respect to

for prosecution: he is entitled to immunity, even if he took

acts performed in their official capacity, except when the bank

waives the immunity. ADB officer committed grave oral

defamation not immune. This is not covered by immunity

part in such crime. Sec 261 of OEC.

P.D. 749 immunity granted to those furnishing
information re: violation of bribery, indirect bribery,

because he was not performing his duty.

RA 7055 Members of the AFP and officers charged with such
o Who are officers and members of the AFP? Art 1: members of

granted by law Transactional immunity

Omnibus Election Code one who reports to the COMELEC

corruption of public officers

Art. 2 of RPC

AFP, those subject to military law, members of the Citizens

Territory of the Philippines within Phil. archipelago, atmosphere,

Armed Forces Geographical Units

Civilian courts have jurisdiction over crimes committed by

interior waters, maritime zone

UNCLOS territorial sea up until 12 n.m.
o Contiguous zone: Sec. 33 States may exercise control even

members of the AFP.

within this area to prevent and punish infringement of customs,

Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

immigration, fiscal, sanitary laws within territory or territorial

People v. Cheng English vessel in Phil. territory, not in transit.

Now: in the D.D.A., mere attempt to transport marijuana is a

crime. Question: can Phil. officials board the vessel to

Accused was smoking opium on the ship. HELD: Convicted. Yes,

prosecute those on board?

Relate this to UNCLOS if a commercial vessel passes by the

followed the English rule, because he was smoking within Phil. territory.

territorial sea. General rule: the ship cannot be boarded. But

This had pernicious effect on Phil. territory (disturbs the peace).

o Hypothetical question if he does not smoke the opium or sell

the UNCLOS said that the criminal law of a State may not be
enforced on board the vessel to prosecute individuals, except if

it, does it still disturb the peace? Take note, the SC itself said

measures are necessary to suppress illegal traffic of narcotic

that there is no clear definition as to what disturbs the peace.

SUGGESTED ANSWER: Now, in the D.D.A., mere attempt to

transport marijuana is a crime. Relate this to UNCLOS if a

commercial vessel passes by the territorial sea. General rule:

the ship cannot be boarded. But the UNCLOS said that the

Note: if mere passing through the territorial sea can lead to

boarding and prosecution, what more if docked?

High seas free for all.
o Is it possible that a crime was committed beyond the territorial

criminal law of a State may not be enforced on board the

sea, but yet, when the vessel enters Phil. territorial sea, can it

vessel to prosecute individuals, except if measures are


be prosecuted?

Yes, if it is a continuing crime.

Does the Philippines have ability to legislate on crimes applying

to the high seas?

Yes, for instance, P.D. 532 Piracy.

People v. Tulin 416 Phil. 352 Pirates wanted to unload the oil

necessary to suppress illegal traffic of narcotic drugs.

Note: if mere passing through the territorial sea can lead to

boarding and prosecution, what more if the ship is docked?

English the territorial State has jurisdiction, except when it merely

concerns internal management of the vessel.

French the flag of registration has offense, as long as it does not

waters, went to Singapore, and unloaded the oil to another

disturb the peace.

P v. Togoto A person in the ship, in Vietnamese waters, got drunk and
shot three people. He was not prosecuted in Vietnam. The SC held

if committed in Singapore, because the crime began in our

from a PNOC-owned vessel, boarded a ship within Phil.

vessel in the high seas. HELD: Can prosecute for piracy even

that the Phils. may exercise jurisdiction. Although following the English
rule, which we adhere to, it must be Vietnam that exercises jurisdiction,

since Vietnam did not exercise jurisdiction, there is nothing preventing

the Philippines from deviating from English rule.

Philippine Maritime Authority handles registration.

country. It continued to Singapore.

Exceptions 2 and 3 to Art. 2:
o 2. Forge or counterfeit any coin, currency, obligation, security
issued by government of PI; 3. Introducing into the PI the

o Rationale: protect economic security of the Philippines
Last paragraph:
o Crimes against the law of nations

Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

People v. Lollo they commit piracy outside the

Philippines (high seas, Dutch East Indies, etc.)


READ: People v. Achong.

If there is mistake of fact, then there is no criminal intent. One

is not culpable for dolo.

The one invoking it must act with good faith. If he acts with

negligence, he may be liable for felony by culpa.

Not a valid defense for felony by culpa. Not a valid defense for

HELD: The Philippines can prosecute, because it is a


crime against the law of nations.

Crimes against national security
Dillars v. US (182 Fed. Rep.2d 962) purpose of penal laws
involving national security is to protect the domestic order and
crimes against national and economic security of the

felony by SPL.
In specific intent felonies, the prosecution must prove BRD the specific
intent. But sometimes, specific intent may be presumed.
o Ex. intent to kill must be proved. One can presume this, for

Philippines. The law is designed to protect not only the

national and economic security of the country, and should

instance, from the mere fact that the victim died from a

reach beyond the boundaries of the Philippines, wherever they

may be found.

deliberate act.
Ex. intent to gain in theft. One is found in possession of

recently stolen property there is a presumption.

Criminal intent can be presumed from the commission of a

Article 3

In a felony by dolo, there must be a confluence of the act and omission

punishable by law and mens rea (physical act + act of the mind)
o Guevarra v. Judge 169 SCRA 476 a felony by dolo is a

delictual act.
Motive not an essential element of crime. But there are instances
where motive is a prerequisite to conviction of accused.
o Political crimes rebellion, coup detat. If the crime committed,

voluntary act. It is a free voluntary and intentional act; one acts

for instance murder, is in pursuance of political motive in

with intelligence is he has the capacity to distinguish right from

wrong, moral from not, licit from not

For felonies by dolo, one is not criminally liable if there is no

criminal intent.
Manuel v. People 476 SCRA 471 There must be an evil act

or omission and the criminal intent combined

May one be criminally liable for crimes of omission?
o YES. Elements: a) prosecution must prove that the accused
acted voluntarily to not do a positive duty, b) criminal intent in
refusing to obey the mandate of the law, c) there must be a

positive duty provided by law

Examples: misprision of treason, prevaricacion (Art. 208 of

RPC), fraud on treasury

Mistake of fact

rebellion or coup detat, it is absorbed by the crime.

Death by exceptional circumstances killed wife and paramour
who were having sexual intercourse. Not criminally liable for
homicide, if motive is to avenge dishonor. But if he killed the
wife for some other motive, and not due to exceptional

Is reckless imprudence under Art. 365 of RPC a felony under Art.
3? (It is a quasi-offense.)
o YES. Rafael Reyes Trucking v. People 329 SCRA 600

reckless imprudence is a felony under Art. 3 of the RPC.

Mistake in identity of the victim does this constitute reckless

Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

People v. Oanis policemen were trying to arrest an

escapee, and they saw a man sleeping. They thought
the man was the escapee. HELD: The felony was

Malum in se/prohibitum

dolo, not culpa, because the killing was deliberate.

Mistake in identity is not culpa.
Failure to identify the victim was NOT the overt act

incompatible with recklessness, negligence, or

crimes constitutive of plunder are mala in se. Under the law,

mitigating and extenuating circumstances are applicable to

but the shooting of the victim was the overt act.

People v. Carmen may there be a crime of reckless
imprudence through frustrated homicide?

No. Frustrated homicide requires intent to kill. This is

People v. Castillo 76 Phil. 72 There is no reckless

imprudence resulting in frustrated homicide.

Can there be conspiracy resulting from negligence?

There can be no conspiracy resulting from

intention and not of negligence. (Art. 8 there is an

agreement to commit a crime, and they decide to
commit it.)
Can more than one person be liable for killing the same
person, one by dolo and one by culpa? YES. IT depends on

and wrong to tamper with election results. (under OMNIBUS

on B. C lighted a match and burned B. HELD: B who

deliberate act.

Possession of unlicensed firearm. Transient possession in RA 8294 is
not a crime. It is malum prohibitum. There must be intent to possess,

after pouring gasoline, someone with light a match

lack of foresight. C is liable for felony by dolo

o Penalty rp-death
o If predicate crimes are mala in se
o Mitigating/extenuating circumstances
o If condemned by entireity of communty
Sec. 27B of the Omnibus election code. A member of the BEI who

although the crime is defined by SPL. It is inherently immoral

carnival. B was mentally retarded. A poured gasoline

resulting in homicide. He should have anticipated that

congress may intend it to be so.

o Intention of congress
o If act is inherently immoral / wrong if it is an outrage to the

tampers with election results. Is it malum prohibitum or malum in se?

o Garcia v. CA 484 SCRA 617 the crime is malum in se,

their delictual acts.

People v. Pugay 167 SCRA 439 3 people went to

poured gasoline was liable for reckless imprudence

o (2) The predicate crimes are punishable by RP to death.
o (3) Plunder is inherently immoral and wrong.
How do you determine if an act is inherently evil?
Is the intention of congress material in determining whether it is malum
in se or mala prohibita? Yes. It may not be inherently immoral but

negligence, because conspiracy is the product of

Estrada v. Sandiganbayan 421 Phil. 290

o Plunder is malum in se, for three reasons:
o (1) Although defined by SPL, it is malum in se because the

not mere possession (Fajardo v Ppl).Good faith is not a defense.

Can the use of unlicensed firearm be an aggravating circumstances?
Yes. RA 8294 provides that it is an aggravating circumstance.

Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

If unlicensed firearm used to commit ANY other crime aside from

homicide / murder it is NOT an aggravating circumstance!
Violation of PD1612 Anti Fencing law malum prohibitum;

to the public forest and cut timber (this is a violation). They

Pamintuan v Ppl. Take note of decision in Dumalo v CA 260 SCRA

were convicted, on basis of conspiracy. The court ruled that

788: Fencing under PD1612 is SPL so intent to gain is not required.

Violation of Trust Receipts law: malum prohibitum.
BP 22: malum prohibitum. To be criminally liable, he MUST BE AWARE

they were guilty to conspire to violate the forestry code. Agree

were charged for violation of the law (malum prohibitum). They

with the SC decision? Can there be conspiracy to commit

that @ the time of issuance of check, he had insufficient funds in the

bank. Law requires a special knowledge.

Can one be liable for both a felony and a SPL for one delictual act?
o Yes. Issued a check for a transaction. Liable for BP 22 AND

liable for estafa.

Labor law: pretended to be a licensed recruiter. Liable for both

illegal recruitment and estafa.

Can one be liable for crime defined by SPL, commits another felony, and

complex crime of carnapping with murder. (People v. Mejia

Article 4 felonies and impossible crimes

Par.1 felonies

275 SCRA 127)

May a felony by dolo or culpa absorb a crime which is malum

Person is liable for natural and logical consequences of his criminal act
o Natural = occurrence in ordinary course of things;
o Logical there must be a reasonable connection between the
act done and the consequence
The act must be the proximate cause of the effect
o Vda de Bataclan v. Medina The cause, which in its natural
and continuous sequence, unbroken by any efficient
intervening cause, produces the injury and without which the

o Loney v. People 482 SCRA 194 NO. A felony by dolo or

result would not occurred

And that cause may cause another thing to occur,

culpa cannot absorb a malum prohibitum crime.

May a crime committed by culpa be a constituent crime of a special

complex crime? YES. People v Mangulabnan 99 PHIL 992 went to

victims house to rob him. Robbed the victim. As he left house ,he heard
noise and fired gun ther was a person and he died. Guilty of robbery
w/ homicide? YES. Art 294: even if homicide was committed

accidentally, the crime is still robbery with homicide.

Tigoy v. People 492 SCRA 539 To be asked in exam
o People v CA:

malum prohibitum?- exception.

NO. The SC is wrong. Art. 8 agree to commit a CRIME
(felony). Thus, this does not apply to malum prohibitum.

is liable for a special complex crime?

o Yes. The anti-carnapping law (RA 6539). If the offender kills
the driver or occupant to take the car, he is guilty of special

Violation of forestry code of the Philippines. Two persons went

which produces the injury

Quinto v. Andres cause and effect relationship between act

of accused and effect is not affected by the ff conditions:

A) pre-existing condition of the victim (pathological)

B) Negligence of doctor

C) Refusal to get medical help

INTERVENING CAUSE cause independent from act of offender;
active force which causes damage or injury; may emanate from the
victim himself or a person other than the offender (does NOT include the

Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

incompetence of the doctor but if doc was negligent, can he be

criminally liable for the death of the victim?-yes, 365 RPC)

if the resulting wrongful act was different from the offenders intention,

wounds on the victim, the negligence of the doctor is NOT an

active intervening force that exculpates the accused.

But there are times the doctors acts are exculpatory.

Hopton v. ? victim was brought to the hospital, but

he is liable for that resulting act

o I saw a person I wanted to kill, but I hit the person behind him

Praeter intentionem I am now liable for a complex

the doctor was so intoxicated, he gave the victim

crime of attempted homicide with homicide.

But also aberration ictus mistake in the blow

People v. Buyco 80 Phil. 58 Inserted vibrator in anal orifice

of victim. It was rusty so the victim died.

Complex crime of sexual assault with homicide under


poison instead of medicine. The doctor was liable.

Quinto v. Andres not the proximate cause if:

A) there is an active force that intervened between the

RA 8353
People v. Magalone 406 SCRA 546 Accused threw a

felony committed and the death of the victim,

B) or if the resulting injury or damage is the intentional

act of the victim.

Is it possible that two persons are liable for the death of the
same person even if there is no conspiracy?

Yes. Two persons went to a bar, did not know each

grenade at a person. It exploded and killed the target and

Even if the doctor is negligent, but the accused inflicted mortal

inflicted SPI on the accused persons wife and the three

other, sat on different tables. They saw an annoying


Convicted for complex crime of murder and parricide.

P v. Ofello 105 SCRA 4 The accused robbed a store and to

person. One person stabbed him. The other, not

knowing that the first one stabbed him too, stabbed

shut up the woman inside, he jammed a pan de sal in her

mouth. She died by asphyxiation. Convicted of robbery with

him again. Both wounds were mortal.

Both are liable for homicide.

P v. De los Santos If the crime committed by the accused is

Situation: the kidnap victim died from a heart attack due to fear.

reckless imprudence, it is generally under Art. 365. If through

reckless imprudence resulting to double homicide? May

The accused is liable for kidnapping with homicide.

P v. Tulin Accused robbed victim of belongings, the victim

such negligence, two people died. Can he be prosecuted for

reckless imprudence result into a complex crime under Art. 48

ran away and jumped in the river. She drowned. Accused is


of the RPC? May be asked in the Bar

YES, because reckless imprudence is a felony under

liable since he created a sense of fear in the mind of the victim.

P v. Castromero Accused wanted to rape the victim, and he

Art. 3 and Art. 48 talks about felonies as component

was armed with a knife. Victim jumped out the window. Liable

for rape with homicide, or if she did not die, rape with SPI.
P v. Quianson Accused stabbed victim. Doctor put a
drainage on the wound. The victim was in pain so he removed
the drainage and he died. The accused is liable.

ROC: Rule 131, Sec 5(c) recall and reconcile
o A person is presumed to contemplate the ordinary
consequences of his acts, and expect those

Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

But intent is an internal act. How do you determine this? Through

time the petitioner stole the check, there were no

circumstances of the case.

Par. (1) [all natural and logical consequences] does not apply to felonies

funds in the bank.

But this about this: A) What about postdated

checks? B) Does not the check (paper) itself

by culpa, because par. 1 is specific: only to delitos.

What will apply to culpable felonies?
o Art. 365 of the RPC applies. Offender is liable for whatever

damage or injury caused by him.

Par. 2 impossible crimes

impossibility, one is not criminally liable. Here, still

punishable because he has the subjective tendency to

Take note of both Intod and Jacinto cases

Intod v. CA: Elements
o 1) offender performed an act which would be an offense

against persons or property

2) offender performed the act with criminal intent
3) accomplishment of the act is inherently impossible or the

means employed were inadequate or ineffectual

Impossibility may be:
o 1) factual or physical impossibility

The factual condition must be unknown to the offender

NOTE: In the US, this is just an attempted felony. But

for us, it is a consummated impossible crime.

Ex. offender accepted goods which he believed to

have been stolen, but which were not, in fact stolen

Ex. offender offers a bribe to someone he believes is

a public officer, but is in fact not

Ex. offender believed his gun was loaded, pointed it

as his wife, and pulled the trigger. But it was empty.

Ex. Intod v. CA fired guns into empty bedroom,

because the intended victim was out of town

Ex. Jacinto v. P Sales agent, instead of giving
check to employer, gave it to relative. The check
bounced. HELD: impossible crime, because at the

have some value?

2) legal impossibility

Even when completed, would not amount to a crime

Note: in the US, it is different. If there is legal

intend commission of the crime.

Ex. Stole a watch that turned out to be his.
Ex. Offender saw a naked woman lying on the beach.
He inserted his penis into his vagina. It turned out
she was dead. Impossible crime = you cannot rape a

dead person. (P v. Balmores)

Justice Regalado: Under Art. 59 of the RPC, the imposable penalty for
impossible crime is arresto mayor (correctional penalty). Supposing I
saw a person on a bed, thought that he was my enemy, so I punched
him. He sustained slight PI. But he turned out to be dead, so it was an
impossible crime.
o Under Art. 266(3) of the RPC the penalty is arresto menor for

slight PI.
ODD! If that person were alive, the penalty would be less than
if he were dead!

Art. 5, par. 2

Article 5 does not apply to crimes defined by SPL, because of the use of

the words degree of malice, etc.

This brings to mind B.P. 22, in relation to A.C. 12-2000, as clarified by
A.C. 13-2001:

Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

S.C. noticed that people are using the courts as collection

agencies and are clogging up dockets

So S.C. issued a circular dissuading people from filing B.P. 22,

and for judges to just impose fines

A.O. 08-2008, issued 25 Jan. 2008
o Libel imposable penalty is imprisonment or fine
o According to the S.C., preference is fine over imprisonment
o Brillante v. CA 174 SCRA 480
o P v. Veneracion 249 SCRA 244 remedy is executive

intended crime, as long as the intended crime is established or


Art. 6
Felonies in book two of RPC are all consummated, except:
o Attempted or frustrated robbery with homicide
Why do we punish attempted stages?
o Attempts are punished because there is just as much need to

need not be legal or moral; could be remorse or fear

P v. Lizada 396 SCRA 94 Read this case. Lizada went to the room of

a woman. He removed his pants and the womans underpants. He

mounted her, but the brother of the woman arrived. Before he could do
any more injury, he left. What crime did he commit?
Attempted crime: - elements

1) Commenced execution directly, by overt acts

o There must be an overt, external act
o There is crime intended to be committed
o There is direct connection to crime intended to be committed
immediate and necessary connection

Two phases:

Subjective phase

Objective phase
Is he is still in the subjective phase and he desists from
committing the crime, is he liable?

NO. He is not liable.

P v. Guevarra 155 SCRA 357 reason for desisting

reform a person who has unsuccessful attempted to commit a

Still at the subjective phase of the commission of crime still

has full control of acts, and has not completed the needed acts


known P v. Lamaang
Differs from preparatory acts means or measures necessary

to produce the desired end.

Ex. surveillance
2) But offender did not complete all acts of execution to produce the

clemency, if the penalty is too excessive. But dont refuse to

It can be the first of a series of acts that would produce the

as long as he desists voluntarily

But may he be liable for any other felony already committed

apart from that desisted from?

Yes. P v. Lozada
3) Not stopped by own spontaneous desistance
4) Due to cause or accident other than spontaneous desistance

Frustrated felony

All the acts of execution needed to produce the felony, but it was not

produced by reason of causes independent of the perpetrators will

Odd: not enough to wound the other person. The wound inflicted must
be mortal. If it is not mortal, then it is a mere attempt. (Lazaro v. P)
o EVEN if one has lost all control of the act, it still results in
attempted crime!

Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

P v. Eduave, P v. Borinaga, P. v. Sy abandoned cases

o In Spain, one may be liable for frustrated crime even if the

P v. Salvilla 184 SCRA 671 the SC declared that one is liable for
consummated robbery if one takes possession of the personal property

wound was not mortal, as long as the offender believed that the

of the other, however brief it may be.

P v. Valenzuela no more frustrated theft, same rule: no need to have

wound could cause the death of the victim.

May the subjective / objective phase in the commission of the

disposed of stolen property

There is no attempted or frustrated crime of physical injuries. It is

crime be based on the belief of the offender?

J. Regalado: The belief is NOT a test to determine whether the
accused passed the subjective or objective phase. It is the

always consummated.
There is no frustrated crime of adultery. It is consummated upon the

sexual intercourse between the spouse and paramour.

There is no attempted or frustrated stage in a felony by omission.
There is no attempted or frustrated falsification of public document

FACT that he did pass the objective / subjective phase! There

was never any danger of the victim dying. He never sustained

any wound!
P v. Tadeo, P v. Mohamad, Sarape v P - if the wounds are FATAL /

MORTAL then the crime is frustrated homicide / murder

P v. Callalo even if the accused believed that he inflicted a mortal
wound, but he did not, it is merely attempted, not frustrated. The nature
of the wound controls, not the belief of the person.

unless the falsification is so imperfect.

Art. 9

How do you categorize reckless imprudence resulting into slight PI?

o Riodica v CA 292 SCRA 87 The crime of reckless
imprudence is a light felony, under the last paragraph of Art. 9

Crimes where no frustrated stages exist:

P v. Sampior no such thing as frustrated rape

o As long as the penis enters the labia majora, it is already

of the RPC. Punishable only by public censure.

Art. 10

It is not the mere entry; the SC said that the entry must be in

Ladonga v. P 451 SCRA 673 The SC applied Art. 8 (conspiracy) for

relation with the intent to have carnal knowledge of the woman

P v. Campuhan: But if it is just in the mons pubis just

violation of BP 22, a special penal law.

When the penalty for a SPL follows the nomenclature of the RPC, the

RPC applies suppletorily, ex. mitigating. P v. Simon

R.A. 9165, amended by 9344; Dangerous Drugs Act provisions of

attempted. Bombardment of the drawbridge, even if the

troops do not successfully enter the castle. If no intent, just

RPC shall not apply to violations of DDA, except in the case of minor

acts of lasciviousness.
RA 8353 introduced the concept of sexual assault. Although
there is no SC decision yet, it seems there is no frustrated
sexual assault.

o Reclusion perpetua, not L.I.
o Penalty may be reduced by 1 or 2 degrees under Art. 63
Anti-hazing law One convicted under Sec. 4 is not entitled to mitigating
circumstance of lack of intent to commit so grave a wrong as that

Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

o The law also enumerates who will be deemed principals, etc.

Anti-terrorism law conviction of a person under said law constitutes a

there is no such penalty in the RPC, it is simply a mode of incurring

criminal liability.
o Contrast: In the US, conspiracy is a substantive offense,

bar to the prosecution of that person under the RPC or another SPL for

the predicate crime

R.A. 7610 Child abuse law, Sec. 10 Where the victim is under 12

and if the actual crime is committed, conspiracy still retains

years old, the penalty for murder, homicide, or intentional mutilation, or

commits two crimes; the conspiracy and the actual

SPI, the penalty shall be reclusion perpetua

R.A. 9262 VAWC law if the offender commits act of physical violence

juridical personality as a felony. In effect, the accused

and there is intent to kill

o Crime is NOT violation of physical violence provision under

3 kinds of conspiracy:
o A) wheel conspiracy there is one person (hub) and his
underlings (stokes)

Ex. Estrada v. Sandiganbayan READ for the

VAWC but attempted, frustrated, or consummated parricide,

homicide, or intentional mutilation
Art. 8


We have this. The others, not yet recognized.

B) chain conspiracy using legitimate enterprise to

distribute narcotics

Ex. drugs
C) enterprise conspiracy Racketeer Influenced and

May conspiracy under article 8 be considered as a preparatory

act under Article 6?
o People v. Lizada distinguished preparatory acts from

attempts to commit a felony

Conspiracy under article 8 is not a felony, because there is

Corrupt Organizations (RICO)

Art. 157 another kind of conspiracy and connivance
o A convict or a person who escapes in connivance with
another person. The conspiracy or connivance in

no penalty provided by law.

o Article 8 is thus a mode of incurring criminal liability.
Enumerate at least two felonies punished pursuant to Article 8

with Art. 223 of the RPC. The penalty is prision

as a felony per se?

o Conspiracy to commit treason
o Conspiracy to commit rebellion
For the above acts, the mere conspiracy is punishable. But the
moment they actually commit treason or rebellion, conspiracy loses

connection with the crime committed here is an essential

condition for the commission of said crime, in connection
correccional in maximum pd instead of medium and

its juridical personality and it becomes a mere mode to commit a

crime. (IMPT.)
In the Philippines, conspiracy may be a substantive offense if the
conspirators agree to commit a felony penalized under the RPC. If

maximum pd.
P v. Pagalasan requirements for conspiracy:
o 1) singularity of intent
o 2) unity in the execution of the unlawful objective
P v. Castillo there must be a criminal intent. Conspiracy is not a
product of negligence, but intentionality.


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

Art. 8 does not apply to crimes defined in SPL, unless the SPL

provides that conspiracy to commit a crime under that law is a crime

conspirator killed the victim. HELD: All the conspirators

in itself.
o Ex. RA 9165 (as amended) DDA: Sec. 26, conspiracy to

are guilty of robbery with homicide. (P v. Alvarez) P v.

Berceles 388 SCRA 515 same principle applies to

commit any of those crimes enumerated in that section is

a crime by itself. Ex. sale, importation, distribution and

CONSPIRACY to do such.
Ex. RA 8484 (access device regulations) Sec. 11:

prevented the others from committing the extra act of

and not homicide and rape. It does not matter if he

Conspiracy to commit access devise fraud is a crime

Ex. RA 9372 (anti-terrorism law) conspiracy to commit

homicide or rape, then he is only liable for robbery only,

What if there is no provision in SPL? Can Art. 8 still be a

and carnapped it after. Only he was liable for carnapping.


persons who conspire to commit a crime of BP 22 are


such act differs radically and substantively from that which

forestry code. SC applied Art 8 of the RPC.

Is Art 4, par. 1 applicable to Article 8 of the RPC?
o Each conspirator is responsible for everything done by his

event, unless in the meantime, they abandon the

the common design, as one of its probable and natural

consequences even though not intended as part of the

Punsalan did not run, and he was caught. Defense: he

consequences of their act, by engaging in conspiracy.

was not guilty of the crime, because he desisted when he

did not run. HELD: The mere failure or refusal to flee after
the commission of the crime does not amount to a
disavowal of the conspiracy. There must be an overt act to
disassociate himself from the conspiracy.

suffered a heart attack and died. Kidnapping with murder?

HELD: Yes. Kidnapping with homicide.

conspiracy or the conspirators are arrested.

P v. Punsalan 203 SCRA 264 They agreed to commit
robbery. One conspirator stabbed the victim; he ran.

original design. Conspirators are held to have intended the

of the conspiracy.
Ex. Agreed to kidnap Julia at the point of a gun. She

they intended to commit.

P v. Venicaryo 420 SCRA 280 Conspiracy continues
until the object is attained. Conspiracy is a continuing

confederates, which follow incidentally in the execution of

(I guess because they all dispersed na anyway)

P v. Bisda 406 SCRA 454 SC said the conspirators are
necessarily liable for the acts of another conspirator unless

liable for such crime, applying Art. 8 of the RPC.

Tigoy v. CA 492 SCRA 539 Accused were guilty of

So, extends to collateral acts incident to and growing out

succeeds in preventing them of not.

P v. Mapalit 444 SCRA 793 One of the conspirators
who committed robbery, after they all escaped, saw a car

mode to commit crime?

o Andan v. P 484 SCRA 539 SC held that 2 or more

robbery with rape.

P v. De jesus 229 SCRA 384 If one of the robbers

terrorism is a crime punishable with 40 years of

Ex. Agreed to rob the victim only. But he resisted and one

Art. 11


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

Is complete self-defense an absolutory cause?

o Yes, because the accused is not deemed to have
committed a crime. An absolutory cause means that the

accused does not incur criminal liability.

You are exercising a right, because you have the right to

o Kira: Maybe if you invoke defense of honor, you dont
have to prove the other requisites? But in self-defense,

criminally liable. When a person protects himself, he is NOT

to exercise self-defense.
In todays law, rape is a crime against persons. Can De la Cruz
invoke, hypothetically, self-defense instead of defense of

protect your life or property or right.

Absolutory cause person does NOT commit a crime; he is not
committing a crime.
If one is being kidnapped and he kills the kidnapper. Self-

the three requisites apply?

Are the RPC provisions applicable to crimes against women
and children?
o YES.
o Art. 9 provisions of RPC are not applicable unless

defense? Doesnt Art 1 apply only to crimes against persons?

No. It also applies to crimes against liberty. If he is being

suppletory. RA 9262 Art 47 provides that the RPC

kidnapped, he has right to prevent kidnapping by inflicting

reasonable injury on prospective kidnapper.

Basis of self-defense w/ regard to classical theory? One has to

in right.
Is Article 12 an absolutory cause as well?
o No. There is a crime, although the person is exempt from

Basis here: the person is not acting with complete

under RA 9262.
People v. Jaurige compared to People v. De la Cruz: BOTH
cases involved defense of honor.
o Jaurige: mere touching of thigh, in church, in daylight. She
killed him with fan knife. No self-defense appreciated.
The means used were not reasonable.

for slight PI)

How is unlawful aggression defined?
o Actual peril to ones life, or if merely a threat it must be real
and imminent.
In P v. Sabio slapping. Was there danger to life and limb?
Why is this unlawful aggression?
o It is unlawful aggression against his honor. The face of a

intelligence. There is no mens rea.

People v. Genosa the woman was suffering from BWS, but
why did the SC affirm the conviction? for exam
o Because Genosa used self-defense theory.
o She should have invoked the battered woman syndrome

provisions are suppletory.

The VAWC law uses RPC terms for penalties (prision
mayor for SPI, prision correccional for LSPI, arresto mayor

be pushed against the wall. Positivist theory? Stand ground when

De la Cruz: groped in dark alley. Killed with knife. Allowed

person is akin to his dignity, honor, etc.

o SC relied on decisions of SC of Spain.
o But means used must be reasonable.
Retaliation different from unlawful aggression because in
retaliation, unlawful aggression has already ceased yet person still

EXCEPTION to rule that there must be unlawful aggression if it is

has ceased and yet there is an

P v. So


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

Under the rules on arraignment, if accused enters plea of not guilty

and interposes self-defense, is there admission? HE admits killing,

but prosecution must still prove guilty of accused beyond

reasonable doubt. But by invoking self-defense, accused must

prove complete / incomplete self-defense. There is a dif between
burden of proof and burden of evidence. If he proves complete self-

When they agreed to fight, but one attacked ahead of time.

(Justo v CA)
What is the extent of defense of property rights?
o See People v. Narvaez.
o People v. Narvaez:

5 brothers were fencing on property of accused.

They were not armed. Accused was asleep, woke

defense, acquitted. IF he fails to prove self-defense, he may be

entitled to incomplete self-defense / privileged mitigating

circumstances, penalty of w/c provided in Art 69.

Bitala v CA - No evidence that victim is unlawful aggressor

presumption that U.A. is reciprocal on part of victim and accused.

Spouse caught her husband having sex w/ another person

attack on the person in possession of

Will you invoke art 11 par1 or Art 247? Better to invoke Art 11 since

theres no criminal liability; Art 247 liability for destierro; however

offended partys spouse.
What if it was the brother-in-law who discovered the wife

Is Art. 247 an absolutory cause?
o Yes. Because the only imposed penalty is destierro.

up. Gonzales went out. When he got back, he heard rustling

leaves. He saw the paramour and the wife, who was putting on her

And that this is more of protection for the one who killed.
P v. Rabandaban: Caught wife in sexual congress.

panties. He stabbed his wife. HELD: You cannot invoke 247

because at that time, she was already putting on her panties, not in
actual sexual intercourse.
o Dissent: follow this you are unfairly punishing him, if we

jewelry. She then wanted to kill him, so he took the knife

and kill his wife.

o So here, it was Art. 11 (SD), not 247 that applied.
If two people agree to fight, is there SD?
o No. because there is an agreement. There is no unlawful
What is the exception?

importance to society than the protection of property.

People v. Gonzales the accused arrived and saw his wife in the
act of sexual intercourse. The paramour ran and the wife dressed

Honey, please leave the house. The wife took all the

does not seem to involve the taking of human life.

State v. Green 210 S.E. 145 State SC of So. Carolina
the preservation of human life and limb is of more

having sex and killed the other person? Cant invoke 247; only
husband or parent can invoke this. Cant invoke Art 11 cos not

property as well, and not just the property

This was followed in P v. Ignacio.

May use such force as reasonably necessary to prevent or
repel the unlawful physical invasion of his property. This

this is not really a penalty but merely for the protection of the

up and shot them.

SC said that the retaliation was disproportionate
Dissent: follow this said that there must be an

strictly apply the law. But what can you deduce from the
fact that she was wearing her panties from a naked state.
It is asking too much to actually catch them in the act of

actual sexual congress.

Self-defense is an act to save life; thus, it is an act, not a crime.


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

Not anymore retreat to the wall; now stand your ground when in
the right.
o Defense of body and limb
o Rights as person, including honor
o Property and liberty
Aside from the right to life and property is the right to honor.
If the accused in arraignment pleads self-defense, is he

making a judicial confession?

o It is NOT a judicial confession, but just a judicial
admission. He does not admit penal liability. He is merely

is sufficient to incite the person to attack.

Callejos usual question study
o When can you invoke Art. 11?
o When can you invoke Art. 247?
o Can you invoke both at the same time?
Suggestion: Husband also has right to invoke his honor and defend
it, so Art. 11 can be invoked by the one discovering the sexual

defense, is the burden of proof shifted to accused?

o No. The burden of proof never shifts; only the burden of

because the latter results in destierro. It is not a penalty, but a

evidence shifts.
Unlawful aggression is a condition sine qua non to complete self-

o Complete SD: all three elements are present.
o Incomplete: mitigating circumstance
P v. Dela Cruz aggression includes actual physical assault, or if

merely a threat, if the threat to life is real and imminent

P v. Catbagon 423 SCRA 535 The unlawful aggression must be

congress. He can also invoke 247, obviously. Prefer 11 over 247,

limitation of his liberty.

Can you invoke Art. 247 if there is mistake of fact? Ex. misled

by movement of buttocks, pero wala pala sa loob.

o Apply by analogy P v. Achong
Only the offended spouse
Art. 11 may include libel as unlawful aggression (P v. Hiung)
may commit libel to fight against libel. Justice Callejo doesnt agree

continuous because if at some point in time, it ceases, the offender

can no longer invoke self defense. The aggression must continue
up to the point where the aggressor is killed.
Unlawful aggression is different from retaliation.
P v Adlawan 375 SCRA 388 P v. Anibong 403 SCRA 92 SD
proceeds from necessity and is limited by that necessity. The right

reached the place, one attacked.

Reasonableness has no formula. It is case-by-case.
When is provocation sufficient?
o Oriente v. P 513 SCRA 348 provocation is sufficient if it

admitted that he killed the victim.

If the accused admitted killing the victim and pleads self-

Exception: Justo v. CA agreed to fight but before they

begins where necessity exists, and ends when necessity ends.

P v. 33 SCRA 226 if there is an agreement to fight, no SD
because no unlawful aggression.

with this.
Par. 4: Know these two cases
o P v. Ty
o P v. Retubado

RA 8294 special aggravating circumstance (use of unlicensed firearm)

Art. 14(12) use of explosives is a qualified circumstance:

What about RA 8294? Is it a qualifying circumstance?



Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

self-defense? (P. v. Genosa)

o Because the threat to the womans life has already

or homicide (if common law spouse); can be attempted, frustrated

What was the reason why the SC did not uphold her claim of

ceased. There was no more unlawful aggression.

Did the SC appreciate any mitigating circumstances in

or consummated
In People v. Retubado, what is the defense?
o State of necessity Art. 11(4).
o But the defense does not apply because there can be no
State of necessity when there is provocation by the party

o 1) passion and obfuscation
o 2) diminished will power
Why wasnt BWS appreciated?
o Because there was no RA 9262 then, during Genosa

May men be the victim of BWS? Yes, in the US, men may be

subject. Chester v Georgia. There is now move in US to change

BWS to Battering and its effects under DOJ in the US.

What does section 26 of RA 9262 say?
o Incur NEITHER criminal nor civil liability.
Smith v State, etc. Proof of the woman suffering from BWS is
merely a basis for self-defense claim. It is NOT a defense separate
from self-defense. Her mindset is she will be beaten up again, even

if she wont. It is a disease of the mind.

In the womans head, her husband is omnipotent hes always out
to kill her.
What are the characteristics of the BWS?
o (1) The woman believes the violence was her fault
o (2) inability to place responsibility for the violence

(3) fears for her and her childrens lives
(4) irrational belief that offender is omnipresent and

Therefore, defense under Sec. 26 of RA 9262 is separate from, and

independent from self-defense.

IF woman sustains injuries under BWS, what crimes would
offender be liable for? IF there is intent to kill, parricide (if married)

invoking the same.


1) The evil sought to be avoided actually exists

2) Injury feared is greater than that done to avoid

3) there is no other practical and less harmful

means of preventing it
Injury contemplated in Art 11(4) broad. Can include

liberty, property, etc.

Is there such a thing as accidental self-defense?
o No.
o Self-defense has intent; accident has no intent.

Estate of Gonzales v. P case The death of the relative does not sever the
vinculum that produces the relationship by affinity. The continuing affinity has
been applied to the interpretation of criminal law. All doubts should be
resolved in favor of the continutation of affinity. Applies not only to Art 11 par
2 but also Art 13 par 5 of RPC.
Rationale for defense of relatives as a justifying circumstance?
Rush of blood
Driving car; ravine on left, so I swerved to right and ended up hitting other
person. Justified? Yes. Avoidance of greater injury, state of necessity.
HOWEVER, driving car recklessly; swerved to the side and killed mother-inlaw. Am I criminally liable? Yes. NOT state of necessity. It was deliberate. I
am criminally liable for the consequences of my intentional act.


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

If one acts under a state of necessity, is there criminal intent? No. He does

not commit crime. But is there civil liability? YES. The one benefited will
shoulder civil liability.
P v. Norma Hernandez Woman was supposed to be married to a man she

evil. Evil must IN FACT exist.

Lawful exercise of right or duty (Art 11(5))


What if child has reached 18, what can the court do?
o Discharge child
o Order execution
o Extend suspended sentence until he reaches 21 yrs old
Suspension of conviction does it matter whether the minor

we should not distinguish.

If he has reached 21, must court promulgate judgment of

o [P v. Pule]
Calderon: The judgment and discretion of public officers in the
oppressively but within reasonable limits. In the absence of a clear
legal provision, they must act in conformity with exercise of sound

P v. Pule: Victim was a deranged man, who fell on the ground,

conviction? May be sent to an agricultural camp, training facilities

helpless and mortally wounded by policemen. The policeman shot

maintained by BUCOR (People v Sarcia)

Art. 13(2) and Art. 68 (privileged mitigating circumstance):

the person further on the forehead. SC HELD: there was no more

were these amended by law?

o Yes. Because RA 9344 changed the provisions on

need, since the person is already prostrate

Cabanlig v. Sandiganbayan: Police can use force to prevent

criminal responsibility of minors.

Age 15 and below = age of absolute irresponsibility
Age over 15 and under 18 only where there is

escape, to protect himself from bodily harm, etc.

May a policeman invoke SD and performance of duty at the


o 1) Must acted out of duty or office
o 2) Injury caused is consequence of perform of that duty or

performance of duties must be exercised neither capriciously nor

committed a heinous crime? No. The law does not distinguish so

treatment program.
When there is doubt if the person is a minor or not, what is the
appropriate proceeding?
o File for summary proceeding in Family Court.

did not love. Instead of going on with the marriage, she fled. Groom was left
waiting for her. She was charged of slander by deed avoidance of greater

These persons would undergo appropriate counseling and

same time?

Yes. Cabalig v. Sandiganbayan, suppose the

Under 9344, the minor is still exempt from specific offenses

policeman during patrol sees one person about to

even if he or she acted with discernment?

o Yes. Art. 58:




offender pointed the gun at the policeman, and

shoot another and gave a warning, then the

the policeman shot the offender. The policeman
was both defending himself and performing his


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

duty, in preventing the offender from shooting the

other person.
Superior order
o Tabuena v. Sandiganbayan 268 SCRA 332 Tabuena was
with NAIA and Marcos ordered him to disburse money.

May the presumption still apply even if the allegation was

reckless imprudence (resulting in homicide or damage to

Tabuena knew that the order was illegal. The SC

property) under Art. 365?

o Yes. Jarco Marketing case.
What is the definition of discernment?
o Guevarra v. Judge: When he is able to distinguish

acquitted him since Tabuena claimed that there was a


mistake of fact he didnt know the order of Marcos was

preceding crime, and nature of weapon is evidence of

illegal. [Problematic: should have applied ignorantia legis

neminem excusat]

Exempting circumstances

RA 9344
o 15 and under exempt
o Over 15 to under 18 exempt unless acted with

Took effect 20 May 2006, and applied retroactively to
those minors convicted; ordered released and cases were

dismissed to undergo diversion program

Insanity v. Imbecility just read the books treatment on this
Ortega v P (20 Aug 2008): Cases of children 15 and below shall
immediately be dismissed and the child shall be referred to
diversion program provided for by law. Presumption: minor acted

without discernment.
What if the minor was alleged as a co-conspirator?
o Yes, the presumption of acting without discernment still

P v. Estepano 267 SCRA 701 Evidence of conspiracy

whether his act is moral or licit or not.

Jose v. P: The utterances of a minor and overt acts

Pomoy v. P: Art. 12(4) What are requirements?
o 1) performing lawful act with due care
o 2) causes injury to another
o 3) without intent or negligence
What if there is negligence?
o Art. 365 comes into play.
o Jarco Marketing v. CA: Distinguished between accident

and negligence, which are mutually exclusive.

Accident is an unforeseen event in which no fault or

negligence attaches to the defendant.

Negligence is the omission to do something w/c a

reasonable man would do.

What is the difference between accident and negligence?
o Accident without fault of the human being. Cannot be

Negligence when there is some degree of fault in the

Ppl v Bandia- Woman was so dizzy. She delivered in thicket. She should not
be liable cos she was so dizzy at that time.

does not automatically mean the minor acted with

discernment in the commission of the crime.
Mitigating circumstances


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

Ordinary mitigating

privileged mitigating

Can be offset by generic aggravating

Cannot be offset by aggravating


Returning a person detained


Pregnant woman abortion to conceal dishonor

If accused is habitual delinquent, no mitigating circumstances will be

rape. He was already 83 years old. His defense was

erectile dysfunction. He was convicted, but the SC applied
the old age as a mitigating circumstance. So far, this is the
only case where this case was applied.
Art 13(3)

Galakgak) Applies only to intentional felonies resulting in physical

municipal treasurer, and the audit team discovered he was

short P72,000 of funds. After a few months, he returned

Lakanilaw v CA (TAKE NOTE!) June 27, 1988 Even if there are only 2

the money he borrowed. SC: entitled to two mitigating

essential elements for a justifying or exempting circumstance, the same is

circumstances voluntary surrender (by analogy Art.

nevertheless considered a priv ileged mitigating circumstance w/c should

13(10)) and lack of intent to commit so grave a wrong as

result in the reduction of the penalty to the appropriate degree.

Art. 68(2).
NOTE: Under Art. 365, the court will not consider Art. 13 and 14 in

imposing the penalty. Because this crime is NOT intentional.

If the criminal is 80 years, is there a mitigating circumstance?

other circumstances.
Oriente v. P: Used lead pipe to hit victim on the eyebrow, victim
died. SC refused to apply the mitigating circumstance of lack of
intent to commit so grave a wrong as that committed.
o Also applied the presumption that a person intends all the

STILL entitled to privileged mitigating circumstance under

that committed.
How do you determine lack of intent to commit so grave a
wrong? Look @ type of weapon used, manner of use, injury, and

reduced by 1 DEGREE.
RA 9344 did NOT repeal Art. 68. It merely amended it.
o Minor over 15 and under 18, acting with discernment

injuries to the victim.

Can lack of intent to commit so grave a wrong as that
committed be invoked in malversation?
o Perez v. P: 544 SCRA 532 YES. The petitioner was a

Criminal negligence under 365 specifically provided that

RA 8049 lack of intent to commit so grave a wrong as committed

CANNOT be invoked by accused in hazing incidents. (Ppl v


NOW, par 2 art 68 applies if minor acted w/ discernment, penalty wil be

P v. Austria 27 June 2000 the accused was charged with

natural and logical consequences of his acts.

P v. Pugay: (Gasoline burning case) SC also applied Art. 13(3),
because the intent was less than the material act committed.
Person who poured the gas was entitled to praeter intentionem.


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

NOTE: Praeter intentionem will not apply to culpable felonies but to

intentional felonies.
What if two persons conspire to commit a felony, and one

him; must be : 1) sufficient (enough to excite a man to

commit a wrongful act) ; 2) immediate to commission of

intended to commit the grave wrong as that committed, while

the other did not?
o P v. Espejo: The conspirator who did not intend to commit

invoke SD under Art. 11; however, the same act may still be invoked
by the offender as sufficient provocation on the part of the victim.

grave a wrong as that committed refers to the state of mind

convicted of parricide. He invoked praeter intentionem. Can he?

Here, the deceased struck the petitioner w/ a bolo and fled. When

of the person. They may coexist.

Ppl v Ulep Ulep was so drunk, he elbowed his wife. 4 ribs were
broken. Wife died because of her broken ribs. Accused was

he struck, that was unlawful aggression but he already fled. BUT

hacking can be considered sufficient provocation!

If provocation and passion/obfuscation are based on the same
facts is the accused entitled to two separate mitigating

Ppl v Tomotorgo wife of accused wanted to sell house; husband

circumstances or only one?

o No. The accused is only entitled to only one mitigating

refused. Wife left house with their infant child. Accused overtook
and pleaded for her to return with the child. He refused. Accused

latter killing the former.

Gotis v. P 533 SCRA 441 (READ!!!): Even if the act of the victim
may not constitute unlawful aggression to enable the accused to

used to kill the victim, while lack of intent to commit so

P v. Labeo: mere fact that the offended party merely shouted at the
accused and asked the latter to leave is NOT proportionate to the

wrong as that committed, then both CAN invoke the

mitigating circumstance.
Can both treachery and Art 13(3) be invoked together?
o P v. Flores: Treachery refers to the manner or method

crime; 3) must originate from offended party

May there be interval of time from provocation to
commission of delict? How long? Depends on

so grave a wrong as that committed CANNOT invoke the

mitigating circumstance.
BUT if both of them did not intend to commit so grave a

Provocation act capable of inciting accused / irritating

circumstance, because both are based on the same facts.

Telonia v. P (521 SCRA 207): deceased was invited by accused to

got piece of wood and hit her. She suffered fraction on one of her

a dinner. Deceased said andito ako para hindi makisalo pero para

ribs. She died despite effort of doctor. Praeter intentionem? Yes.

pumatay. The accused got mad and shot the deceased. The

Was only triggered by quarrel.

accused was entitled to acting in immediate vindication of grave

offense and sufficient provocation based on same facts. Was
likewise only entitled to one mitigating circumstance still both arose

Art 13(4) sufficient provocation

Licayo v. P, and Oriente v. P: defined sufficient provocation

Oriente v P: Requirements of sufficient provocation:

from the same factual setting.

P v. Arquiza: Provocation need not be in words, but can also be in
action. In this case, without speaking a word, the victim entered the
accused persons property and started gathering crops. Owner


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

shot him. SC HELD: this constituted sufficient provocation; however
this cannot be considered unlawful aggression under self-defense
because shooting was unreasonable.
Art 13(5) vindication of grave offense

Grave offense in this provision is different from grave offense

under Art. 9. Grave offense under this provision might not even be

a felony at all. It usually is an assault to honor.

W/N the assault is grave or not depends on factors such as:
o Social standing of parties
o Place and time and occasion when offense committed
Grave offense even includes an insult
o Ppl v Rosel: You are living at the expense of your wife!
appreciated as grave offense
Bacabac v. P: Offended party hit the accused with a bamboo stick,

1. Unlawful act sufficient to produce emotional state
2. Not far removed from commission of crime
What is the basis for determining lapse of time? There is no sure formula
as to how much time shall have elapsed. Its more a question of EFFECT. Is
the effect still there?

P v. Ventura: Although passion and obfuscation may arise from

jealousy, since there was a lapse of 1 week, accused was expected

to recover his equanimity.

Passion and obfuscation must not be based on an illegitimate
Must come from lawful sentiment, not lawlessness and revenge
o He lived with common law wife for 10 years. Bello

and the accused killed the offended party. SC HELD: Hitting with a

supported her for 10 years. After, the common law wife

bamboo stick is NOT a grave offense.

P v. Ignas 412 SCRA 311: The world immediate here is not a

wanted out, and wanted to live with another man. Bello

correct translation of the word proxima in the Spanish Penal Code.

HELD: Passion and obfuscation. Although the relationship

There can be no immediate vindication of an offense when the

was illegitimate, nevertheless, the victim was ungrateful

accused had enough time to recover his serenity.

How sufficient is sufficient time?
o If there was only a gap of 30 mins, still ok.
o P v. Palabrica: hour is ok. BUT 1 day lapse is NOT ok.
o P v. Ignas: only said hours still ok.
P v. Diokno: 63 Phil. 601 Diokno had a son who eloped the

killed her. Eh wala ka namang ibubuga talaga eh. SC

ONE mitigating circumstance may be appreciated.

o EX: P. Diokno passion and obfuscation- refusal to face

daughter. At that time, it was really deemed a dishonor. The father

looked for his daughter for three days. The act of elopement was
deemed continuous, and the effect was still there.
o NOTE: but now, this is pretty ordinary already. So this
case may be archaic already.

and had the gall to bitch about it.

o Purpose was still legitimate / for the good of the deceased
Felonia v. P: Vindication and passion based on the same facts: only

father and brother,

o Vindication- elopement
o Vvoluntary surrender
P v. Pansensoy: Treachery CANNOT co-exist with passion and
obfuscation. When a person acts with passion or obfuscation, he
loses his reason and self-control, which is inconsistent with

Art 13(6) Passion and obfuscation


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

treachery, because one who acts with treachery presupposes that

he adopted a mode of attack of killing the victim.

Art 13(7) voluntary surrender
Navalos v. P: Before being charged of malversation, the accused

Accused feeble-minded. May she be liable for crime? Feeblemindedness not exempting, but MAY be mitigating.

Art 13(10)

P v. Genosa: (BWS case) SC applied par. 10. SC appreciated:

mitigated mental capacity
Do we still apply mitigating if that crime were committed today? No

surrendered analogous.
o The return of the money must be spontaneous.
WHO ARE PERSONS IN AUTHORITY? Those under government

Pendency of warrant of arrest = not voluntary surrender!; there has

code; tasked to execute laws (police, bgy chairman)

Committed 2 crimes killed 2 persons and surrendered to police.
Mitigating for only one or 2 crimes? For both; fact that he went to

to be no warrant.
Perez v People accused was charged of malversation; returned

returned the amount, he was deemed to have voluntarily

because BWS would be justifying already; accused would be

police to prevent arrest is enough to mitigate.

Just read the book discussion.

Plea of guilty
Info alleged murder; but accused pleaded to homicide. Plea of guilty?

the money before criminal act was filed may it be considered

voluntary surrender?
People v Salazar accused charge of murder; ran amuck.. is

running amuck mitigating? No. amuck not a mental state of mind.

Ppl v Ang Illiteracy alone will not be mitigating. There must be
illiteracy + lack of sufficient intelligence!

Rules of crim pro if prosecutor and accused agree to accused

pleading to a lesser offense, is there a need to amend information? No
more need.
If accused is arraigned, admits crime but interposed self-defense. Plea


of guilty? No. Conditional admission of guilt / conditional plea.

People v Magallanes - Accused charged of murder; pleaded to homicide
bec crime was not committed under Art 248 circumstances. Prosecutor

Mistake in identity nor error in personae: NEITHER exempting nor

o P v. Hilario
Abberatio ictus NEITHER exempting nor mitigating as well
o P v. Genoya, Reyes v Ppl

refused to agree to the plea, presented evidence but FAILED to prove

any circumstance. Accused was proved to be right. Mitigating? Yes!!
Accused was correct.
Art 13 (9)

Aggravating circumstances

Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

KINDS of AC see Boado pp. 146-147

Art. 266-B [RA 8353] law provides for special aggravating

If the A.C. is inherent in the felony, it wont be considered as an AC.

Art 13 and 14 = applicable to Art 365 (criminal negligence)? No.

Presence /absence of generic mitigating is immaterial. Penalty will
depend on court.

In the crime of falsification of document by public authority, then

abuse of public position is deemed inherent.
o Also for malversation and other crimes committed by

public officers.
P v. Padilla For this to be aggravating, the public officer
must use the influence or prestige of his office to commit

the crime.
Aggravating and mitigating applicable to special penal laws? IT
depends. If SPL provides penalty following nomenclature of RPC,

Art 14(1)

Does not apply if the public position is a constituent element of the

crime. I.E. crimes committed by public officers.

P v. Teves: Inherent in the crime of falsification by a public officer of

a public document
P v. Hipol: The malversed amount was so huge, that the Sol. Gen
said that the crime was already economic sabotage and must be

then Art 13 and 14 will apply. BUT if penalty does NOT follow

considered an aggravating circumstance. SC: There is no such

nomenclature, then Art 13 and 14 inapplicable (ex. 1 yr as minimum

See Art 62 special aggravating circ, cannot be offset by mitigating
Art 63 imposable penalty = RP to death lesser penalty will be
imposed if there is a generic mitigating and no aggravating circ; IF
there is a generic agg and NO mitigating, DP will be imposed

(amended by RA 9346 DP cannot be imposed)

Penalty for complex crime penalty for more serious offense to be

imposed in maximum period

A qualifying circ may NOT change nature of crime but require

aggravating circumstance as economic sabotage. No matter how

huge the amount is, it is not aggravating.

If the public officer could have committed the crime without the use

of public position, it is not aggravating.

P v. Tabeon 182 Phil. 131 If the accused who was issued a gun
by the government by virtue of his position uses that gun to commit
homicide, the use of that gun is an aggravating circumstance. He
could not have used that gun unless he was a public officer.
o But see P v. Villamor: Where Villamor used a gun officially
issued to him by virtue of office use of that gun was not

increase of penalty by 1 or 2 DEGREES (ex. prision mayor has 3

an abuse of public position. This is contrary to the Tabeon

periods [max,med,min]= this is one degree; prision correccional

max,med,min = another degree; lower than PM)
o See ART 267 kidnapping penalty: RP to death; if

there is a qualifying circumstance (victim of kidnapping

killed, tortured, raped = penalty is death)

Sir thinks its aggravating. But when you take the bar,

the later decision is Villamor.

Fortuna v. P 401 Phil. 545: Beautiful case Fortuna and copolicemen were in the police car. They saw a person and his sister


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

walking on the street. They stopped and ordered the siblings to

enter the car. Police guy: ganda ng relo mo ha! Ninakaw mo yan

authority under the LGC. The barangay captain was playing cards

no! The police guy stole the watch and wallet of the girl. He also

with some people. Accused shot b. captain. Does this provision

accused the girl of stealing the money. The policeman driving did

apply? SC HELD: No. Two reasons: a) the person in authority

not say anything. They let the brother and sister go. BOTH were

must NOT be the victim per se; b) he was not performing his duty at

liable for robbery. Did the aggravating circumstance of taking

advantage of public position apply even to the driver of the

that time. He was playing cards.

P v. Siojo: If the crime was only committed in the presence of an


agent of a person in authority, this provision does not apply.

P v. Magbueno: If in the presence of a policeman, not aggravating

because the policeman is only an agent of a person in authority.

Supposing a crime is committed in the presence of a professor

Yes. He could have prevented the other policeman from

robbing the siblings. But he did not. This was abuse of

P v. De Mesa; [take note] A barangay captain is a person in

public position.
(GR: One cannot be held liable for keeping silent; but this

while the latter was performing his duty?

o P. v. Tacan: Student boxed classmate in front of teacher.

case was an exceptionhe was a policeman)

Is this a generic or special aggravating circumstance??
o RA 7659 Sec 23 the use of ones public position in the

This is not aggravated. A teacher or professor is only a

person in authority under Art. 148 and 152 of the RPC.
(only when he is performing his duty; he is assaulted at the

commission of a crime is a SPECIAL aggravating


This, thus, cannot be offset by generic mitigating

Art 14(2) with contempt of or in insult of public authority

P v. Padro: requirements:
o 1) crime committed
o 2) person in authority engaged in exercise of public

PUBLIC AUTHORITY refers to persons in authority;

for the purpose of enforcement of the DDA.

If you smoke marijuana in the presence of a professor, the

professor is a person in authority.

In the national penitentiary, sometimes the inmates feel bored
and kill each other. Is this aggravating?
o P v. Mendoza: Where the inmates killed another in the

3) offender knew person in authority
4) victim is NOT a person in authority (otherwise, crime
would be direct assault and this would no longer be

time of performance of his duties)

Is there an exception?
o RA 9165 a teacher or professor is a person in authority

National Penitentiary, this was in contempt of public

Art. 14(3a) insult to age, rank, sex, etc.

Inherent in the crime of direct assault (ppl v benito)

NOT to their agents (so policeman not covered)


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

Spanish penal code: can be considered separately, BUT as a GR:

it should only be considered one based on same set of fact

P v. Samudio 406 Phil 318: The accused was conversing with the
barangay captain and the former killed the latter. May the A.C. of

be absorbed by treachery. Treachery pertains to manner of

old. The SC appreciated the A.C. of age of victim in convicting the

a rank, such as barangay captain does not necessarily mean its

accused of murder. ALSO, treachery, since the child cannot defend

intended to disregard or insult or threaten to insult the rank of the

Sex female
The A.C. of sex is not applicable:
o if the accused acted with passion or obfuscation,
o when there is an amorous relationship between the

accused and the victim,

when there is a relationship of employer-employee,
when the sex of the victim is inherent in the crime (ex.

parricide = wife, rape = if woman raped),

P v. Reyes: Key: there must be deliberate intent to insult or show

treachery. HELD: A.C. of age of victim DOES NOT apply. This is

absorbed by treachery. Sir does not agree with this case.

o But Malolot should prevail, being the later case.
AGE - There must be a disparity of age between accused and

There must evidence that accused took advantage of RANK, AGE,

Art 14(3b) dwelling


victim is a female or has a rank, this A.C. applies.

P v. Nerio: 20-year-old man raped an 80-year-old woman. The
victim was the teacher of the accused in grade 1. Key fact: victim
was already retired! HELD: Fact that the offended party was

P v. Sapinoso Victim was stay-in laundrywoman, but it was not

her house (obviously). The killer was the houseboy, who also lived
there. Laundrywoman had her own room. SC HELD: although the

former teacher in grade 1. Court considered aggravating

offender and offended lived in the same house, the crime is

circumstances separately. GR: considered as one EXCEPT if there

Can be inherent : ie. Trespass, robbery w/ force and


already retired did not diminished the respect due her rank as

are factual differences

Not aggravating in crimes against property. Ex:
o Robbery
o Robbery with homicide since here, the homicide was

P v. Malolot 548 SCRA 676: Accused hacked to death an 11 month
old child. The TC convicted the accused of murder, qualified by

manifest disregard for the age, rank, sex. Not merely because the

commission. A.C. of age, rank, sex, refers to relationship.

P v. Lora: The accused, housemaid, murdered a child 3 months

rank apply? HELD: No. Mere fact that victim was a person with
aggravating, absent evidence that the killing was deliberately

P v. Lopez: The aggravating circumstances of age and sex cannot

aggravated by dwelling, because the room was deemed a dwelling,

notwithstanding being in the same house.

P v. Santiago Accused and victim live in the same house but that
house is composed of several small rooms. Each room although
located in the same house is considered a dwelling separate and

merely an incident to robbery

independent of the adjacent rooms.

What is considered as dwelling?


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo


Includes every dependency of the house and every

integral part of the house. Includes staircase, enclosure

but within the same compound. The houseboy went to the house of

under the house, and the terrace.

What if the person is a squatter?
o Still dwelling. The law does not make any distinction as to

the validity of title over the property.

What if the land is enclosed with a fence, and the person is

outside the house but inside the fence?

o Not dwelling.
AC of dwelling is NOT applicable if the victim gave sufficient

provocation. Elements (P v. Rios):

o 1. Offended party gives provocation
o 2. The provocation is sufficient
o 3. The provocation is immediately before the crime
To be considered as dwelling, it must be used exclusively for rest
and comfort.
o P v. Tano (May 5, 2000) the victim owns a building

the amo and killed him there. HELD: Dwelling is NOT aggravating
here because the servants quarters located in the same compound
are considered as part of the dwelling of the offended party.
o Sir doesnt agree with this. He thinks that the two
houses are separate and distinct means it is a different

HELD: No dwelling. The video shop is not exclusively for

Does dwelling apply in robbery? Distinguish.
o Dwelling is aggravating in robbery with homicide or

robbery with intimidation of persons.

However, in robber with force upon things, dwelling is

PD 1613: Dwelling is not aggravating in arson.
Gonzales v Ppl 515 SCRA 580 accused burned a dwelling; SC
said this is NOT aggravating bec under PD 1613, burning of an
uninhabited house is DESTRUCTIVE ARSON (dwelling element of

consisting of two floors: ground floor is video shop and 2nd

floor is residence. The victim was killed in the video shop.

P v. Punzalan The house and the servants quarters are separate,

this crime)
P v. Malngan: A person dies inside a building burned on
purpose. When is it homicide, when is it arson?
o Intent is PRIMORDIAL.
o If the intent is to burn the house, then the burning is arson

rest and comfort, even if in the same building.

The law does not require that the offender must also be in the
house. The offender can shoot from outside the house and kill a

person inside it is still considered as dwelling,

P v. Lasibar If the person is stepping on the first rung of stairs,

even if a person dies. Homicide is absorbed.

If the intent is to kill the person and the burning was the

then it is dwelling. But if he has yet to step, not pa.

P v. Alcala If both offender and offended live in the same house, it

means employed to commit the crime, it is homicide.

If the intent is to kill the person, and the house is burned to

is not aggravating.
P v. Ybanez accused was living in the house of the other accused

cover up the crime, then it is homicide and arson as

SEPARATE CRIMES. There is no special complex crime
of homicide with arson.

(a woman and her husband) woman had an affair w/ accused and

paramour (they had sexual intercourse/adultery) . IF paramour not
living in house but adultery was committed, still aggravating even if
both are living in same house.

Art 14(4) abuse of confidence or obvious ungratefulness

P v. Ostia - elements


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

o 1) reposed trust and confidence to offender

o 2) abused this trust and confidence
Accused was co-worker of father; mere relationship does NOT

commission of the crime

N.B. The subjective and objective tests are alternative. They need

amount to abuse of confidence

P v. Arojado: another requirement is that the confidence is

not concur. Either tests application is sufficient.

P v. Dela Cruz: It is not enough that the crime was committed in

IMMEDIATE AND PERSONAL such that it gives the accused some

night time, there must be evidence that night time was sought for, or

advantage and makes it easier to commit the crime.

P v. Villanueva: the mother of the victim had a common law

the nocturnity facilitated the commission of the offense

husband, whom the victim called papa. Papa raped the

daughter. HELD: Abuse of confidence, even if the relationship
between the mom and papa was illicit.

Uninhabited place (despoblado)

the crime makes it possible for the victim to receive aid.

Ex. The distance is not so great, but one has to climb up a hill

P v. Jaurige for this to be an AC, there must be intent from the

outset to commit the crime inside the place of worship. Here, the
accused did not intent to commit the crime inside the church (she

If all three are present, are these separate ACs or only one?
General rule: only one.
Exception: P v. Libraldo 390 Phil. 548 These ACs may be

to reach the house to render aid. There is despoblado.

P v. Luneta: Prosecution must prove that the accused chose the
remoteness of the place to aid the commission of the crime, or to

did not expect the man to touch her thigh).

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

P v. Ostia: it is not the distance, but the possibility or impossibility

of immediate aid to be obtained.
o The more important consideration is if the commission of

Art. 14(5) committed in a place of worship

conceal the commission of the crime.

By a band

P v. Oco 458 SCRA 120 More than three armed malefactors.

o What is the test? Any weapon which, by reason of its
intrinsic nature or purpose, is capable of inflicted serious

considered separate and distinct if their elements are distinctly

perceived and can subsist independently of each other, revealing
greater perversity.

or fatal injuries.
SC HELD: the four armed persons contemplated in the law
must be principals by direct participation for band to be

Night time

Objective test when the nocturnity facilitated the

considered as a band in this AC. They must act together

Night time:
o Subjective test when night time was sought purposely to
commit the crime

in the execution of the crime. (READ!! Might Be included

in the bar)
P v. Estante Jr. There were four accused, it was alleged in the
information that they composed a band. Two were acquitted.


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

Majority of the SC HELD: band is still subsistent even if two were
o Dissent: Justices Aquino and Abad-Santos both said 4-2

= 2. No band.
Band is merely a generic AC in robbery with homicide or robbery

Art. 14(8) with aid of armed men (can be women)

armed men to be an AC, the requisites must concur:

o 1) armed men or persons took part in the commission of

with rape, attempted/frustrated robbery w/ homicide (Art. 294 (1),

295) also in intentional mutilation or PI resulting in insanity,
impotency, or blindness. This means that this can be offset by a

generic MC.
BUT for par 2,3,4 band is qualifying (P. v Escua)
o Art. 266-B if rape is committed by 2 or more persons, the

offender is sentenced from RP to death (Under RA 8353).

P v. Lamak if the crime of murder was committed by a band and

aggravated by despoblado, there should only be one AC.

Read ART 62 par 1-A : crime may be committed by an organized,
syndicated grp 2 /more persons collaborating together for the
purpose of gain. This is a SPECIAL AC. Separate from generic.

CANNOT be offset by mitigating circ.

Penalty imposed in its maximum; CANNOT be offset by mitigating
Art 20 destructive arson; RP death will be imposed when this is

upon them when the crime was committed

The armed men are accomplices who take part in a minor capacity

directly or indirectly
P v. Berayon: There should not be any conspiracy or the armed

men must not be principals (since act of one is the act of all)
P. v Manayaw: Aid of armed men may be absorbed by band

Art 14(9, 10) recidivism, reiteracion

Prior crime > decision must be final and executory there must be

a conviction!!; crime must belong to same title

Monsanto v Factoran Feb 9, 1989 effects of first crime are NOT
extinguished by mere pardon of offender (pardon extinguishes
penalty but NOT the effects; unlike amnesty where penalty and

whether purpose is merely to burn/destroy / an overt act in the

Art 14 conflagration, earthquake

P. v Arpa accused must take advantage of the calamity/misfortune to

effects are extinguished)

What if crime is merely attempted/consummated? Frustrated? Law

does not distinguish. As long as crime became final and exec.

2nd crime committed AFTER conviction for the first crime
P v Baldera - minor found guilty by TC but conviction was

ensure the success/ consummation of the crime

-instead of helping during calamity, they commit offense
P. v Sing 18 SCRA 176 accused during a conflagration burned his own
house to get insurance; guilty of arson + AC of conflagration

the crime directly or indirectly

2) Accused availed himself of aid of such men or relied

committed by 2/more persons or a grp of persons regardless of

commission of another act

P v. Amion and P v. Oco and P v. Berayon SC said that for aid of

SUSPENDED; later returned to court. During rehab, he commits

another crime (rape). Is he recidivist? NO. Bec. Judgment of

conviction WAS suspended. No final judgment as yet!

Art 160, RPC Quasi-recidivism accused committed homicide,
serving sentence, commits another homicide. Recidivism? YES, but
INHERENT in Quasi-recidivism!

Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

Can there be offset by generic mitigating? No, it is inherent in quasi-

o P. v Laison > doesnt deal w/ offense but w/ penalty see p.

165 boado
Art 14(11) price, reward, or promise

Qualifying under 248, RPC

Need not be money; can be in the form of services
P v. Paredes - The inducement MUST be the primary consideration

by the principal by direct participation.

P v. Fuerte If the offer is accepted, does the AC apply to both
offeror and offeree?
o YES. Both of them.

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

Take note of COMADRE and MALNGAN (very important cases)

Comadre ruling reiterated in MALANA March 27, 2009
Note than 8294 added a generic aggravating circumstance here,

the use of unlicensed firearms or explosives.

P v Bucsit - If accused killed wife w/ poison, crime is parricide and

use of poison merely aggravating.

P v Caliso - IF offender killed child w/ poison, crime is murder

P v. Anigum 403 scra 92: Elements:

o (1) Proof of time when the accused came up with the

determination to commit the crime

(2) over act by accused showing he determined to commit

the crime
(3) he clung to that determination

to carry it out
Essence of this AC: precedence of cool thought and reflection
P v. Rodas: how much time must elapse? The law does not give
a formula. Each case must be resolved on the extent of each

factual circumstance.
P v. Beltran: There was only a lapse of two hours from the decision

to commit the crime and the actual commission of the crime.

P v. Guillen was there evident premeditation when he wanted
to kill President Roxas but he killed someone else? No.
Because he did not intend to kill the other guy.
o But if one decided to kill any Ilocano or anybody he

encounters and he does, this AC applies.

P. v Obina - Intent to kill a person belonging to a class? Evident

premediation? YES!
Evident premeditation is inherent in every specific intent

o Ex. kidnapping
o Robbery
o Theft
o Estafa (intent to gain)
o Piracy in Phil. waters
P v. Curatchia 180 scra 340: If in addition to the crime of robbery,
the accused intended to kill a person (robbery with homicide),
evident premeditation is aggravating.
o If he had no plan to kill a person, but he ends up killing a

Art 14(13) evident premeditation

(4) lapse of time between the determination and decision

person in the house who put up resistance, there is no

evident premeditation.
P v. Perame and P v. Dela Cruz: if two or more persons conspire to
commit a crime, and they decide to commit it, there may be
evidence premeditation if the conspiracy allowed the conspirators to
ponder upon and reflect on their decision to commit a felony.
o NOTE: types of conspiracy


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

1) instant conspiracy: has no evident

2) non-instant conspiracy: time to reflect

Art. 14(14) craft, fraud, or disguise

by treachery and cannot be considered separate AC

Art 14(16) treachery

Special qualifying circumstance in the crime of
May treachery be considered in carnapping with killing of a

victim. HELD: Aggravated by craft. Used intellectual trickery.

Fraud = insidious words / machinations
Disguise is used to conceal his identity (unless he is recognized by

P v. Lovitania 388 SCRA 417 treachery is NOT aggravating in

other means)
P v San Pedro accused told victim that he was a minister of a

treachery is NOT aggravating.

GR: Treachery CANNOT be considered aggravating only in

religious sect, asked for contribution brought deceased to a

property but only in crimes against persons.

Generic or special? Generic. In robbery w/ homicide, homicide is

supposedly wanted to buy are found. But they ended up killing the

place, tied him up and killed him

qualified carnapping. Carnapping is a crime against property, so

Art 14(15) superior strength

still superior strength, because the victim was unarmed.

P v. Tilapia - Accused killed his wife. Did not consider abuse of

murder.ALWAYS robbery w/ homicide prescinding from presence of

with treachery, it is a special complex crime of kidnapping

strength then loses its juridical existence

Can superior strength in this case offset a mitigating
circumstance? No because it already lost its juridical

Parricide aggravated by abuse of superior strength

any qualifying circumstnacfe,

Is treachery qualifying in special complex crime of kidnapping
with murder?
o YES. P v. Solangun If the victim of kidnapping is killed

strength is absorbed by treachery. Abuse of superior


with homicide.
P. v Ancheta > Any of the circumstances under Art 248, RPC are
only generic ACs and not to qualify crime to robbery w/

superior strength in parricide. It is generally accepted that the

husband is physically stronger than the wife.
If an AC is absorbed by another, then it loses its juridical existence.
o P v. Demo and P v. Suyum generally, abuse of superior

used in its generic term. No such thing as robbery w/ murder.

Is this still true today?
o NOT ANYMORE. Take note of P. v. ESCOTE (see
discussion below), which appreciated treachery in robbery

P v. Guevarra four accused were armed with a knife. One killed

the victim, but there was conspiracy. Only one was armed. HELD:

Generally accepted that husband stronger than wife SS absorbed

Craft and fraud may be aggravating in robbery with homicide, where

the accused induced the victim to take them where the cows they

with murder.
o So treachery can apply, under the Escote rule.
Treachery must be PRESENT at the inception of the attack.
Treachery will not be considered even if present at a subsequent


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

No treachery if spur of the moment attack.

P v. Garcia 554 SCRA 616 P v. Vallespin 391 SCRA 213:
o For treachery to exist either as a generic aggravating or
qualifying circumstance, two conditions:

A) employment or means, manner, or method or

execution that would ensure the safety of the
offender from any defense or retaliation of the

offended party
B) deliberate act of the offender or conscious

choice of the means, manner, or method of


Aspects of second element:

Deliberate and conscious choice shown

through a) prior conduct of the offender; b)

relationship of the parties; c) nature of the killing

P v. Caratao 403 SCRA 482 mere suddenness of the attack does

P Guzman 503 scra 615 mode of attack must NOT spring from an
unexpected turn of events.
If a child is killed on occasion of robbery =crime is robbery w/
homicide, killing of child is AGGRAVATING and not qualifying.
If 2 or more committed the crime but only one committed treachery,
only that person is liable.
Treachery absorbs night time, band, superior strength.
Inherent in treason.
Even if night time absorbs treachery, for purposes of set off,
treachery may be considered.
o EX killed-treachery; night time; there is a mitigating
circumstancefor purposes of set off, night time
considered by court. Pwede? NO!! IF circumstance is
already absorbed by another, that circumstance already
loses its juridical existence. It cannot be used anymore for
the purpose of set off.

not by itself suggest treachery, unless the offender used the

suddenness of the attack as means or method to ensure success of

Chance attacks or crimes done in the spur of the moment,

or those preceded by heated altercation, are NOT

May treachery be considered if the wrongful act done be
different from that intended by the offender?
o P v. Castillo Treachery is present even if the victim killed

is different the one intended to be killed

Treachery may be present in aberratio ictus or error in

Treachery is inherent in murder by poisoning. If the offender

poisoned the victim, treachery is inherent.

May there be treachery even if crime was NOT consummated?
YES. Killing need not be consummated.

Art 14(17) ignominy

P v. Fuertes (Feb 28, 2000) circumstance pertaining to a moral

order which adds disgrace or obloquy to the material injury caused

to the offended party; tends to make the crime more humiliating

P v. Valla the accused lighted a cigarette on the pubic area of the
victim which caused blisters. With ignominy.
P v. Umidang, P v. Bacule
o When the accused focused his flashlight on the genitals of
the offended party, and he examined it before he raped her

in front of her father with ignominy

Raped victim before her betrothed
Or asking her to present her full nakedness before raping

Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo


When victim was pregnant

Tied a banana fiber around his penis before raping his
victim (Bacule)
P v. Sailan when the accused raped the victim using

despicably augmented the wrong committed by him by causing

dog-style and not missionary style.

But now its now a separate crime of sexual

increasing the suffering of the victim, slowly and gradually

Number of wounds does not necessarily suggest cruelty; it is the

another wrong not necessary for its commission, or inhumanly

NOTE: Art. 266-A of RPC: Decisions in Bacule and Sailan

deliberate act of committing the crime to cause unnecessary pain.

o Ex. 20 wounds inflicted rapidly usually not cruelty
o Ex. 20 wounds excruciatingly inflicted, where the person

are now amended. sexual assault now! (not rape; it is

no longer merely aggravating but a crime by itself)

P v. Cachola when the accused after killing the victim, sliced the

Cruelty: unnecessary physical pain the commission of the crime

P v. Sitchon test is whether the accused deliberately and

savored the act can be cruelty

There can be no crime of robbery with multiple homicide,

left leg and took the flesh from the legs and shoulders of the victim,

regardless of the number of victims. But supposing for this

this is not adding ignominy to the commission of the crime because

reason of robbery, two are killed, can we not consider the 2nd

the victim was already dead.

killing as an aggravating circumstance analogous to cruelty?

o SC wrote two decisions, but reversed in the third.
o P v. Abdul; The SC agreed and considered the second

Art 15(20) with aid of minors under 15 years of age

Remember RA 9344 a minor under 15 is absolutely exempt from

So if he assists, then the minor is completely exempt from liability
But the same may be an aggravating circumstance
The use of motor vehicle for purpose of committing crime but SC

killing as an aggravating circumstance analogous to


committed robbery, raped the victim twice on the occasion

of robbery. The Sol-Gen urged the SC to treat the second
rape as analogous to adding ignominy to the crime. The

said, if MV used by offender to BLOCK the path of victims and

facilitate escape of offenders, aggravating in robbery with homicide

P. v. Moreno > Robbery w/ rape aggravating if used to carry away

P. v. Marasigan > If victim driver of taxi, accused killed victim,

commission of crime in taxi IS aggravating

Other means? > can be motorized tricycle; not bicycle!
MV does NOT apply to DDA > provisions of RPC dont apply for
violations of DDA except if accused is a minor

Art 15(21) Cruelty

P v. Regala (april 5, 2000) en banc: The accused

SC HELD: No, the second rape is not an AC because it is

not included in Art. 14 of the RPC (simple reasoning

different from Abdul). *Regala is prevailing case

Ppl v Gano (feb 28, 20001), P v. De Jesus:
notwithstanding how many people he killed, there is no

aggravating circumstance AFFIRMED regala

Can there be cruelty AND ignominy? Yes, when father

stabbed his daughter then raped her.

Can crime against property be aggravating? Yes in case of wanton



Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo


Because it says any crime in the RPC. So that should

Special laws relating to aggravating circumstances

R.A. 9165

Supposing the accused was under the influence of drugs and

include murder. It shouldnt be qualifying.

If unlicensed firearm is used to commit murder or homicide, it is

merely an aggravating circumstance.

But what kind? Is it generic or special AC? [Important because

generic AC can be offset by generic MC, and special cannot.]

o It is a special AC, not merely generic.
P v. Ladjaalam But the law says homicide or murder. It MUST be

then he killed a person, may the killing by that person under

the influence of drugs be considered an aggravating
circumstance in the commission of the crime?
o P v. Belgar (1991) Yes, the killing by the offender of the
victim under the influence of dangerous substances must

be considered an AC.
SC changed its mind in P v. Sitchon Drug addiction is

not an AC because it is not included in Art. 14 of the RPC.

But R.A. 9165, sec. 25 notwithstanding provisions of law

consummated. If the crime is merely attempted or frustrated, the

AC does not apply.

Under 8294, if one uses an unlicensed firearm to commit a
crime other than homicide or murder, then the use of the
unlicensed arm is neither a separate crime nor an AC. BUT
that person must be convicted for that other crime, before the usage
of an unlicensed firearm can be considered as neither a separate

to the contrary, the positive finding for drugs shall be

crime or an AC.
o P v. Sabanao If an unlicensed firearm is used to commit

considered an aggravating circumstance.

R.A. 8294

Section 1 and 3. 2 kinds of firearms: low-powered, high powered; with diff

homicide is an AC. But this is not controlling. The law

firearm regardless of kind is a SPECIAL AGGRAVATING CIRCUMSTANCE

See the rest of the law.

P v. Comadre Justice Tinga said that 8294 amended Art 14(12),

is clear, only murder and homicide. (ppl v Garcia)

Do the words homicide or murder include parricide and
infanticide? Or should it be read strictly?
o P v. Mendoza murder is used in its generic term. It
therefore include parricide or infanticide, as the case may

because usage of illegally possessed firearms becomes an

aggravating circumstance. Tinga: if the person is in lawful
possession of the explosives, then he uses it, it is QUALIFYING to

Dissent of Callejo: Its absurd! If illegally possessed only
aggravating. If legally possessed qualified to murder! Unjust.

robbery with homicide, the use of such is not an AC.

But in another case, a division of the SC ruled that the
ruse of an unlicensed firearm to commit robbery w/

penalties possession, use, dealing, acquisition use of unlicensed

Use of an unlicensed explosives is AGGRAVATING.


Ex. parricide w/ unlicensed firearm use of UF is SAC
But one can argue that since the law only mentions these
two crimes, under pro rio, then it must be construed in
favor of the victim.


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

Use of unlicensed firearm during elections, aggravating? No

its not murder or homicide; but can prosecuted under omnibus

election code.
There is security guard of an agency. The agency has license
to possess firearm, but the guard does not. The security
guard used the gun to commit murder. Is it AC?
o Catalina Security v. Decano Yes, it is an AC. Even if the
employer was licensed but the guard had no license to

possess that firearm, then 8294 applies.

An accused committed double murder (complex crime). He
used an unlicensed firearm. Is it special AC?
o It should be. The law does not distinguish whether it is

Cuenca v people agency allowing gun to be used by security guard; is

security guard liable? NO! He was not aware. It is agency that should be
Catalina security agency v de cano - BUT if the gun was used by the guard
to commit suicide, is he liable? YES.

RA 8353

parents or husband, there is aggravating circumstance of adding

o Is this still applicable??
o Not anymore. In RA 8353, it is a SPECIAL QUALIFYING

simple or complex. But there is no case yet.

P v. Escote Jr.

Take note that before this case, the SC has always been divided
whether treachery can apply to robbery with homicide. Those who
say no say that it cant apply because robbery with homicide, which

is a crime against property.

But here, J. Callejo decided to cite Spanish SC decisions, stating

P v. Sailan the accused raped the victim in the presence of her

circumstance. (under the enumeration)

R.A. 8353 is found in Art. 266-B of the RPC. The crime of simple rape
becomes qualified becomes penalty of RP to death.
In a sense, RA 8353 amended Art. 14 of the RPC.
Did R.A. 8353 amend Art 14 of the RPC?
o In Art 266-B, the use of a deadly weapon to commit rape is a
special qualifying circumstance which increases the penalty

that treachery may aggravate the homicide part of that special

from RP to RP/death. It is not an AC under Art. 14, but it is in

complex crime. So treachery applies.

Why not qualifying?
o The crime of robbery with homicide is a unique crime in

266-B and 266-C of the RPC.

the sense that there can be no robbery with murder.

Homicide is always used as a generic term, even if the


second component is actually murder.

And even if the homicide was actually just out of


negligence, it can still be robbery with homicide.

*LICENSE IS NON-transferrable! So you cant avoid the crime by

Is relationship still an AC in rape?

o Yes.

saying you had a borrowed license.


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo


Rape is now a crime against persons. But it does not lose


its nature as a crime against chastity, because for rape to


be committed, there must be lewd design.

P v. Navida Thus, relationship is still an AC in rape.
P v. Catubig relationship is aggravating in crimes against

chastity, including rape.

RA 7610 child abuse. If the victim is raped by a

Art. 15: Spouse, Ascendant, Descendant, Legitimate,

Natural, adopted brother or sister
Sec 31-C of ra7610 maximum penalty to be imposed
Crimes against persons like homicide or murder - relations hip is

relative, is this aggravating applying Art 15?

P v. Montinola relationship is merely a generic

AC RA 7610. If the victim is a victim of child

P v. Orilla 422 SCRA 620 J. Carpio: Art. 15 does not say when
relation is an MC, and when it is an AC.
In crimes where the imposable penalty is death,
relationship shall not be deemed an AC, regardless of the

P v. Bacabac Uncle and nephew/niece not covered.

P v. Atog 286 SCRA 157 Scope of relationship under

Crimes against property relationship is aggravating?, but in

serious physical injuries = penalty is higher (263 and 265 of RPC)
example art 247,
sec 7 of RA 9372 penalty for accessories not imposed w/ respect to
spouses (similar to art 20)

Relationship is always aggravating in crimes against persons such
as homicide, murder.
Relationship must b e construed liberally in favor of the prosecution.

P v. Montigo MC only if not habitual, or not pursuant to planning a

MIDTERM: state in your memo whether the ruling in orilla will still

felony, and affected mental faculties

Taken to strengthen resolve aggravating

be maintined. Pro, con 3 pars

BUT in ppl v abello accused committed sexual assault against relative
(Crime against persons), SC considered relationship as aggravating

P v. Ramirez the SC said that the relationship between

Degree of Education
Ppl v Casiliao burden of accused to prove lack of intstruction; Not merely
illiteracy but lack of intelligence to comprehend crime

step father and step son is akin to that to an ascendant

Ppl v Limaco triple murder; but SC appreciated lack of instruction as

and descendant and is subject to AC of relationship.

P v. Capareda relationship between step grand niece

not cite as authority

and step grandfather is not one of the relationships



contemplated in Art. 15 of the RPC

P v. Calongi and P v. Fernandez when the accused and

mitigating circ because he only reached grade1 STRANGE/ unusual, do

But in ppl v velaro, US v banaba one does not have to be educated to

know the effects of homicide.

victim are first cousins, relationship is NOT aggravating.


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

Theft / robbery mitigating? Ppl v dela cruz No! lack of education /

instruction does NOT apply to theft / robbery.

Ppl v Cundamena lack of instruction is not mitigating in theft /robbery
Ppl v Ang illiteracy alone / lack of sufficient knowledge is NOT mitigating in

Trust Receipts Law P.D. 115 when violated by corporation,

partnership, or association: penalty is imposed on responsible

Labor Code ex. illegal recruitment (39-D) same penalty

theft / robbery
RA 8049
ART. 16-20: principals, accomplices, accessories

Owner of place where hazing took place is liable as an accomplice.

May a private corporation, partnership, or association or other

If hazing is done in the house of one of the off icers of a sorority / frat

juridical entity be criminally liable?

o P v. Chow Guri and Ching v. Sec. of Justice (by Callejo)

and the parents dont stop, are the parents liable? Yes, as principals. RA

if the law provides for a penalty against the corporation.

8049 even if they dont participate.

Or even if the crime is committed by a corporation, but

prescribes a penalty on the officers or directors or
employees. The state is not prevented from penalizing a
corporation for violation of a penal law, even if the crime is

committed by its agents.

In criminal cases, law of agency does NOT apply. No man
can invoke defense that he was merely an agent, he

Violation of law by partnership / corp, the partner, pres, director or

manager who consents or tolerates the violation of law shall be held
criminally liable as co-principal.

cANNOt invoke that defense. (unless he was NOT aware,

Sec 8, RA 9851 law penalizing genocide

then he is not liable)

New York Central v. US the agent or employee must be

One may be a principal by direct participation

Orders, solicits commission, becomes principal

done through the scope of employment, or done to benefit



the employer
Penalty for corp of course not imprisonment but can be

revocation of license, etc.

ART 35 A dead person may be the subject of crime of libel if

COMMAND RESPONSIBILITY is it applicable in Phils?

designed to blacken memory of dead person; heirs entitled to civil

Omission mode of individual crim liability whether the superior is

made liable for acts of those under him


Still no phil law that provides for crim liability under this doctrine
BUT sec10 of RA 9851 = in addition to other grounds, a superior


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

shlal be criminally responsible as a principal for such crimes

from each gun. There is no conspiracy here, but

committed by subordinates under his / her effective command and

both are liable as principals by direct

control bec INTERNATIONAL LAW, (INTL code of justice),

command responsibility liability

have to commit an overt act in the execution of the planned

Criminal presumption(?)

o Enough to be held as co-principal through conspiracy, as

Us v riano prosecution must prove that doc was falsified / property

long as there is involvement in the planning and

was recently stolen for presumption to apply

PD 704 fishing; caught in possession; engaged in illegal fishing? Yes!

What should the overt act consist for principals by direct

o Active participation
o Or giving moral assistance to the other conspirators

Mere presence

Exercising moral ascendancy

Can someone not be in the scene of the crime and still be a

(Dizon v CA )
Art 16
Why arent accessories punishable for light felonies? Bec
impairment to public order/ damage to property is minimal

o Yes. For example, there is conspiracy and one is on look-


Note that these provisions only apply when two or more people are

acting criminally
P v. Dasilo When may a person be criminally liable as principal by

direct participation?
o Participation in criminal execution
o Carried out the plan and directly participated in the

[N.B. There must be conspiracy, under this usual definition

But can there be principals by direct participation
without conspiracy?

Yes (P v. Figueroa): the usual example of two

people attacking a hambog guy in a bar with prior
planning. The victim died due to two bullets, one

How about the mastermind? For him to be a principal, does he

out duty for policemen.

For as long as the conspirators perform specific acts that

were coordinated pursuant to the conspiracy.

P v. Verayo 400 Phil. 202 the 3 accused conspired to kill the
victim. They all stabbed. Is it a complex crime. HELD: Convicted
only for one crime of homicide, because there is only one victim.
The number of crimes committed is not dependent on the number

of conspirators.
Supposing rape was committed by 2 or more persons, what
o P v. Hofelina It is a qualifying circumstance in the
commission of the crime. In a case, the husband raped
the victim, while the wife of the accused was holding the
arms of the victim. HELD: The husband was guilty of rape


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

by direct participation, and the wife was principal by

indispensable cooperation.
Since the crime was committed by two persons, there is a

o Ppl v angeles (may 22, 1993) not liable for rape


qualifying circumstance that requires imposition of

principal by direct participation. He must perform an overt act.

P. Quitain 3 men, man2 and man3 held woman while

(DONt forget Fortuno v ppl policeman driving car while 2 other

man1 tried to rape woman but he cdnt so man2 tried to

was his duty to protect! Silence tantamount to assent to commission

open womans labia; man2 liable as principal by

of crime!)

polifemen were committing crime; THAT policeman STILL guilty; It

indispensable cooperation
Is it possible that two persons are conspirators but are liable
for different crimes?
o Yes. Example, the private individual is liable for delivery of
prisoners, while the escaped convict is liable for evasion of

Ex. Two persons killed one of the guys wife. One is liable

Art. 48 in relation to RA 9346, RA 9344, in relation to Art. 68

for homicide, the other is liable for parricide.

Robbery with homicide
o General rule: when two or more persons conspire to
commit robbery, they expect that it can be attended by

Is it possible that one is liable only for robbery but not
robbery with homicide?

P v. Napalit f Yes, if one desisted before the

homicide was committed. Ex. one prevented the

other from stabbing the victim

What about robbery with rape?

P v. Verseles all the accused will be liable for

the rape committed by one of them, unless one
proves that he endeavored to prevent the person

from doing so.

Note: P v. Punsalan Must perform an OVERT act to
prevent the commission of the other crime. Mere silence
or running away is not enough disavowal.

As a general rule, principal by direct participation must be at the place of

the commission of the crime. He performs acts of execution, cannot
possibly do so if he is not at the situs. But this does not mean if he is not
at the situs, he is not PDP. People v. Delim, 444 Phil. 430: If a part of a
crime has been committed in one place and the other at another, each
person who commits at one part no matter how wide the distance
between conspirators (YOU MUST HAVE A ROLE)
People v Escober robbery w/ homicide; even if robbery was committed
in a place other than the place agreed, both still liable as long as
homicide committed on occasion of robbery
People v. Corpuz, 412 Phil. 479: Illegal recruitment. Accused employee
of a corp engaged in illegal recruitment. GR, corporations not criminally
liable because no criminal intent; EXC, provision of law provides that
officers, employees liable. SC: even a mere employee of a corp
engaged in recruitment may be considered as PDP in the crime of illegal
recruitment and if the employer is a private individual, the employer and
the employee are PDP if it is shown that the employee consciously
participated in illegal recruitment. The existence of corp entity does not
shield the ee who si the corporate agent who knowingly causes the corp
to commit the crime. Ee as agent of corp naturally aids and abets crim
by corporation and will be prosecuted as principal if with knowledge of
business of corp participates in the commission thereof however slight


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

his contribution may be. If he knows illegal and participates in

furtherance, liable as PDP.
o The law of agency as applied in civil cases has no application
in criminal cases.
Distinguish PDP from PDI
Two ways of becoming PDI
o By directly forcing another to commit a crime

By using irresistible force

By causing uncontrollable fear

o By directly inducing another to commit a crime

By giving price, or offering reward or promise

By using words of command

Is price, reward or promise qualifying under 248? Yes. To whom
imputed? People v. Alicastre (chief of police killed father of mayor
Gordon) qualifying circumstance is imputed not only against PDP but
also PDI.
Use of words must have actually moved the hands of the principal by
direct participation. PDP has no other recourse but to obey the
command. Especially if PDI has moral ascendancy over the PDP.
People v. Bolivar, 317 SCRA 577: defined criminal inducement as
whenever act performed by PDP is determined by influence of PDI such
that PDP has no other recourse except to follow the words of the PDI.
PDI must have great moral dominance over the PDP.
Possible that PDI is not at the situs of the crime, PDP is but PDI still
liable for inducement? Yes, his inducement is enough. People v.
Manigbas, 109 P 469.
People v. Gamao, 23 Phil. 81
People v. Domangcas, 320 S 600; People v. Arrari (?) pdi by
inducement must have such influence or overpowering moral
ascendancy over pdp.
Requisites of PDI
o Inducement be made directly with the intention of procuring the
commission of the crime; and
o Inducement be the determining cause of the commission of the
crime by the material execution

Main distinction between principal by direct participation and principal by

indispensable cooperation
o PIC an act different from the overt act of the PDP (otherwise
its PDP also)
Must the PIC be at the situs of the crime?
o People v. Cayago, 244 P 308: 3 accused raped common
victim. While one raping, the other 2 holding hands and feet.
They took turns in doing so. In case of doubt, liability of PIC is
merely as an accomplice
Ppl v Buenaventura woman held girls hands while man was raping
her. SC said woman was accomplice only bec it was not indispensable
(but for callejo there was conspiracy)
Possible that one is PIC yet commits a crime different from the PDP?
o Yes. Malversation through falsification of public documents
committed by public officer in conspiracy with a private
individual. Private individual may be liable for malversation
(even if private individual is not an accountable officer). People
v. Sendaydiego.
May 2 persons be liable of a complex crime where one PDP is by dolo
but PIC commits culpa?
o Yes. Ppl v Samson, 103 P 277: bank ee and two of his friends.
Encashed illegal check. Both liable for estafa through
falsification of commercial document by culpa. Officer made to
believe that he need not verify (liable by culpa); others liable by
o 105 P 2094

People v Andan:
A had a check. He gave the check to B, B negotiated check to C. Check was
dishonored. What are the liabilities? Can one be a principal by indispensable
cooperation w/o conspiracy w/ another?


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

A: Yes. Both A and B are PDP although there is no conspiracy between

Ppl v Abari 232 scra 39 aside from accused having tremendous moral


ascendancy over the pdp, inducement made was EFFICIENT CAUSE w/c

Can the PDP be exempt from liability but PIC criminally liable? What article?
YES. Art 332. Family members. P.920 boado
PIC there must be conspiracy
A wanted to rob B, asked C to lookout. After A robbed B, A was fleeing from
house, policeman arrived, confronted C and C killed the policeman.
2 crimes here -Robbery B: PDP; A: accomplice
Killing A and B are PDPs
***MIGHT BE ASKED IN MIDTERMS: Contribution of accomplice must have

convinced pdp to commit the crime, w/o which he did not commit the crime.
Ppl v Po 26 phil 913- One may be liable as PIC yet PDP is NOT. Example:
person wants to get residence certificate. He goes to clerk in treasurers
office, tells clerk he wants medical certificategives name, citizenship, etc
but he is actually lying. Is the clerk criminally liable for falsification? No bec
clerk (PDP) was just relying on what PIC was telling him. Good faith is a
defense for a felony.
If a man marries a woman already married, is he liable as a PIC?
Ppl v Concepcion 40 OG 2878/ Ppl v Arcilla One may be criminally liable
as an ACCOMPLICE to the crime of bigamy if he/she marries a person
knowing him or her to be married.

a direct relation to the PDP. However, this is an unintended situation. A still

Ppl v Nepomuceno - If one marries a married person knowing him to be

liable as PDP since he should have anticipated that as a consequence of his

married is liable as a PIC. But if he is not aware that the person is not

acts. Robbery everybody must anticipate that violence must be

married and he married him/her, he is NOT criminally liable for bigamy.

committed!! BUT you can argue other way that he had already fled so no
A promised to pay B p500 to kill C. B fired gun and killed C and D. Is A a
principal by inducement?
A paid B to kill C but B raped C. is A still liable as principal by inducement?
No. because its not the direct and natural consequence. If another crime is
committed, he cannot be liable.
Even if the reward was not later on given by the principal, the mere fact that
the principal by inducement offered to pay, he is criminally liable. (Ppl v

Is there subornation of perjury under the RPC?

No. BUT can you be punished for this? YES. Because he is a PIC in perjury.
***TAKE NOTE! RA 9745: Crime defining torture
Do we apply command responsibility? Yes.









agencies(ex. NBI), or their agents committing physical, mental,

Indanan 24 PHIL 203 )


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

psychological torture and other kinds of torture/ cruel/degrading
treatment under Section 5.

Those who induce another in commission of torture (PIC);

cooperated in execution of torture (PIC)
COMMAND RESPONSIBILITY: Any superior who issued an order
to lower ranking personnel to commit torture and immediate
commanding officer of unit concerned who by their act / negligence

shall have led, assisted, abetted or allowed commission of torture.

IF superior is aware / should have known by diligence of the
commission of torture, and failed to investigate the same to stop it,
he is guilty of toture.

Art 18 Accomplices

People v. Fabros 429 P 701. He is aware of decision of PDP but does

NOT participate ; but he helps by simultaneous / prior acts. Contribution
NOT indispensable. Contribution must HAVE A RELATION TO crime
committed by pdp!
Ppl v Heralde accomplices are merely INSTRUMENTS of pdp. Mere
presence of one at the scene of the crime if there is no conspiracy may
not be enough to penalize him as accomplice UNLESS he is there to
give moral support/aid to pdp.
People v. Rafael, 397 P 109. At what point must accomplice acquire
knowledge of commission of crime by PDP? SC: accomplices come to
know of criminal resolution of pdp after the pdp has reached a decision
to commit a crime. Accomplice does not decide commission of crime.
Accomplice just agrees after criminal resolution is accomplished, he
does not conspire. But if accomplice commits an act of execution,
already PDP.

Prior or simultaneous acts not indispensable for commission of crime,

not overt acts for commission
People v. Geralde, 401 P 174: conspirator and accomplice has one thing
in common, they know and agree with criminal resolution but the
business is by pdp. Accomplices merely instruments of conspirators, not
members of conspiracy.
People v. Continente, 398 P 367
People v. Vera, 312 S 662:
4, PD 532 (highway robbery, brigandage) any person who directly
or indirectly abets commission of piracy or robbery in the highway or
brigandage is not merely an accessory, but an accomplice to the
principal in the crime
RA 9372 any person not being a principal / conspirator who
cooperates in execution of crime of terrorism is only an accomplice.
RA 9851 (genocide) one may be liable as accomplice if he aids,
abets in genocide.
May one be a PDP on the basis solely of presumption?
o Yes. One caught in possession of recently stolen property is
presumed to be author of theft or robbery.
May one be charged and convicted as accomplice or accessory even
before principal charged or convicted or should pdp first be convicted
before accomplice and accessory be charged or convicted? What are
their corresponding liabilities? YES!!! Because liabilities are distinct from
each other. (NOTE: if principal acquitted, no conviction for accomplice /
accessory. Even if PDP is exempt from liability, accessories/accomplices
may still be held liable as long as established)
o People v. Rafael, 397 P 109: Following Vino v. People, 178 S
626 as long as commission of the crime it can be proven
beyond reasonable doubt, determination of criminal
responsibility of accessory may be determined independently
of and separately from liability of pdp
o PCGG v. Ombudsman Desierto, 397 S 971: if the case against
PDP is dismissed, the case against acc must also be
dismissed because the liability of the acc is subordinate to that
of the pdp. Indeed an acc is like a shadow that follows the pdp
and not the other way around.

Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo


But dismissal of case against acc does not necessarily result in

dismissal of case against pdp.

A wanted to rob C. B acted as a LOOK OUT and profited from effects. What
is his liability?
Lookout not part of conspiracy is merely an accomplice since he is merely
an instrument and agrees to cooperate. HOWEVER, if he is a co-conspirator

and takes part in the criminal design, he is a principal.

Accomplice = cooperates in the execution of the offense by previous or
simultaneously acts.
Art 19 Accessories

US v Empaynado one who receives part of the reward is an accessory

to the crime
People v. Favros, 429 P 701: for one to be an accessory, he must have
knowledge of the commission of felony, he participates after the
commission of the felony by any of the acts enumerated in art 19. His
participation must not be that of a principal or accomplice.
Accessory knows of commission of crime by pdp during or after the
commission of the crime but does not participate in the commission of
such. His participation comes after commission of the crime in any of
the 3 instances in art 19.
One who receives part of the ransom/loot from kidnapper/RWH is an
accessory to crime of kidnapping/RWH.
Corpus delicti
Mere silence of one in commission of crime is not acting as accessory
not a crime to be silent. US v. Caballero.
People v. Antonio, 390 P 989: accused policeman witnessed the killing
of victim by co-accused. Policeman failed to arrest culprit and even told
co-accused not to tell other policemen. Is Antonio an accessory? Yes,
under third par of art 19, it was duty of policeman to arrest culprit and

not to conceal commission of crime by silence or misleading authorities

that accused was really culprit. By his acts, policeman abused his public
o NOTE: Art 208 prevarication police officer who refuses
to prosecute another for a crime is liable; can he thus be
held a PRINCIPAL for prevarication? YES BUT if you are
prosecutor, better to file and make liable to heavier penalty
ACCESSORY to murder!
Art 223 infidelity in custody of prisoner (security guard -- allowed
convict to escape) so he can be liable as PRINCIPAL under 223 or
ACCESORY under 19. You should only choose oneotherwise, double
PD 1829 : OBSTRUCTION OF JUSTICE higher penalty will be
imposed (either OJ or RPC, w/cever higher) ; it is malum in se cos of
the word willfully (but fencing = malum prohibitum)
RA 9372 who are accessories in terrorism? Does art 20 apply? YES.
There is a corresponding provision EXEMPTING relatives from criminal
liability w/ the exception of par1 of RPC art 19.
RA 9745 (torture) there is also accessory here!
PD 1612 Anti-Fencing Law. Tan v. People, 313 S 229; CJ Davide in
Pamintuan v. People 234 S 63.
o PRESUMPTION: one found in possession of stolen
property = presumed to be author
o Contemplates robbery w/ force upon things OR robbery w/
violence OR robbery w/ homicide OR qualified theft
o One who acquires stolen property is criminally liable as:

accessory under art 19 (for robbery / theft) OR

principal for fencing under pd 1612.

Tan v Ppl 313 SCRA; Pamintuan v. People, 234 S 63: But for one to be
principal for fencing, crime of robbery or theft must be committed,
accused does not participate in commission of robbery or theft, acquires
proceeds of robbery or theft, has actual knowledge or should have
known subject is from robbery or theft and intent to acquire.
REQMENTS for fencing:
o Property stolen

Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

Person not participant in crime buys, conceals, deals with
o He has personal knowledge / should have known that
property is stolen
o Intent to gain for himself / another
*READ Francisco v ppl 432 scra 192; Capili v CA law does not

require proof of purchase. Mere possession gives rise to

Pacheco, noted commentator on Spanish Penal Code. What if policeman

furnishes means for his brother to escape with abuse of public position? Is
policeman exempt? Pacheco is of the opinion that policeman is exempt
because ties of blood constitute a more powerful incentive than call of duty.
Moreover, law does not distinguish between private individuals and public
officers. J. Callejo agrees.

presumption of fencing. Accused must rebut presumption.

Concealing ex. one steals property, other hides/ conceals it
May one be liable of a crime by committing another crime to conceal the 2 nd
crime? Ppl v Malngan : 3 kinds - burn house (arson); rape and then burn
(rape w/ arson). So one can who burns a house to conceal it si guilty as
Can one be prosecuted as accessory even if PDP is still at large or already
died? Yes, they can be prosecuted separately. (cristobal v ppl)
If PDP is a minor who did not act w/ discernment, he would be exempt but
accomp /accs wd be criminally liable.
If principal was acquitted? Redounds to benefit of accomp/accs.

Art 21

death penalty upon children in conflict w/ law; admin regulations issued

in pursuance of penal law has force of penal law provided violation of

What if frustrated, does it fall under art 19.3?

Art 20 Accessories exempt from liability

People v. Mariano, 400 P 883: A killed B, told sister C to hide body of B.

A and C buried B. TC ruled that C (sister of principal) is an accessory
under Art 19 but was exempt from liability under Art 20. SC said indeed
sister who helped is exempt from criminal liability under Art 20. Basis of
exemption is ties of blood of principal and accessory and preservation of
cleanliness of ones name which compels one to conceal crimes
committed by ones relatives.
o J. Callejo does not agree with statement of preservation of
cleanliness of ones name

RA9344 provisions of Rpc as amended and DDA notwithstanding, no

admin regulation must be crime under delegating statute

o NOW: dp can no longer be imposed
2 classifications of felonies:
o Heinous dp
o Quasi-heinous reclusion perpetua to death
so will these classifications still exit despite RA 9344? YES (ppl v
bonn). Eh bakit meron pa wala na ngang death penalty? Purpose of
classification is bec. civil liability for heinous crimes will be higher

than civil liability of convict for quasi-heinous crime.

Offended party and accused agreed to fight; one lost. He filed for a
complaint for physical injuries. Does the pari delicto doctrine

No. It does not apply to criminal cases. In fact, two

people can agree to duel, and if one dies, the offender
may be charged under the RPC.

Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

Estoppel does not apply to criminal cases. The offended party is the

State. Private individual who sustained the damage is merely he

witness to the crime.

P v. Judge Dacuycuy 173 SCRA 90: There can be no imprisonment at


Vaka v CA court cannot impose fine and alternative penalty of

Brilliante v. CA: The SC issued admin orders giving preference to fine
over imprisonment for BP 22 and libel. There was no abolishment of the

penalty of imprisonment.
NOTE: Art 247 does not provide for penalty but only an exempting


No specific provision in
rpc defining and penalizing blackmail but its
similar to THREATS

How bout euthanasia / mercy killing? no, but murder under 248
SODOMY? Defined and penalize? No. but punished by RA 8353

insertion of object into anal orifice

Is pedophilia a crime? None in rpc but penalized by 7610 child abuse
law, 8350, art 336 and 339 of rpc (?) - Ppl v ricker 194 scra 690 (ricker
was pedophile, went to olongapo, paid a 12yo girl 15 pesos and raped

still apply for Probation

Sec 68 child serving sentence at time of passage of RA 9344
and below 18 at the time of commission of crime, and acted
with discernment: benefited by retroactive effect of law

* Even before RA 9346, one convicted of a crime punishable by LI / RP is

NOT entitled to parol. So after the law was passed, one originally convicted
of DP can only be granted the lesser penalty of RP but still NO parol.
YOU DO? 1) Move for the withdrawal of the crime of possession of
unlicensed firearm since it is merely a special aggravating circumstance; 2)
amend the information and allege that firearm is unlicensed
BUT what if information was not amended? TRIAL proceeded. May the court
still consider illegal firearm as aggravating circumstance? NO. Not alleged in
IF LAW not yet passed, should court consider use of unlicensed firearm as
special aggravating circumstance? Ppl v. Bernal: Even if more favorable to
the accused, in effect it is more unfavorable bec. If you consider use of
unlicensed firearm as special aggravating circ, penalty would be DEATH and

Art 22

rehab in youth rehab center

Sec 67 if minor is no longer entitled to suspension of
sentence, and court resolves to impose the sentence, he can

the discretion of the court. There must be limits imposed by law. ; YOU

Those undergoing service of sentence: must undergo

There can be retroaction of the reduction of death to RP.

RA 9344,
o Sec. 59: DP cannot be imposed on a minor
o Sec. 54: cases of children 15 and below automatically
dismissed and referred to appropriate diversion programs

would be more unfavorable to the accused.

*STUDY WELL: RA 9346, 9344 problem will be given in midterms

Art 23

Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

RA 8353 amended Art. 23 and Art. 344

o Rape and sexual assault are now crimes against persons
o Criminal action can only be commenced by information filed by

public prosecutor, and not the private offended party

Else, private crimes can only be instituted by private offended
party. Not due to jurisdiction but to protect private offended

Public officer or employee is charged may be suspended 90

This is not deemed a penalty

Plunder -> one can be suspended when charged

RA 9262 dont forget to study for exams (VAWC) is there any

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

measure contemplated? Court may issue a protection order to prevent

compromise it, unless provided by law. In a criminal action, it is the

victim during trial

State that is the offended party; the private individual is just a witness.
Criminal liability may only be extinguished by law or the grounds in Art.

accused from harassing/ inflicting psychological or moral injury on the

will extinguish his civil liability. P v. Sandiganbayan

Exception: RA 8353 marriage of offender and rape victim

Shall extinguish criminal action

If already convicted, penalty imposed will be

A husband, however, can commit rape or sexual assault

Arts 25-27

against his wife.

Art 24

Par. 2 mentions commitment of minor in a facility, according to Art. 80

already repealed by PD 1603 and amended by RA 9344

RA 6975, par. 4:
o If police officer or employee is charged for a crime in a valid
information, he may be suspended during pendency of the

Lacson v. Roque: Suspension of mayor is not a penalty in this

case. This is only to facilitate justice.

RA 3019:

Par. 4 refers to administrative sanctions in administrative cases against
public officers and employees (imposed by superiors) Tudtud v.

A public officer is charged with RA 3019. He returns the

money. Will his liability be extinguished?
No. It will not exonerate him from criminal liability, but

RA 9346 DP can no longer be imposed, but it did not abolish DP,

because the Constitution still allows it to be imposed
Ikaw v. Judge: dual personality of temporary DQ or suspension
o As principal penalty

Temporary DQ: 6 years and 1 day-12 years

Suspension: 6 months and 1 day-6 years

o As accessory penalty:

Follow principal penalty

P v. Bon: RP is an indivisible penalty
o There is no minimum, medium, maximum period P v.
o It is not affected by mitigating or aggravating circumstances.
Indivisible penalties:
o RP
o Perpetual absolute or special DQ
o Public censure
Effect of indivisible penalties:
o Impose penalty in its entirety

Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

Even if there is a special aggravating or two mitigating

accessory penalties of death. This is also

the reason why he cannot be pardoned

it will not be affected

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

2 degrees
P v. Diqui: after imprisonment of 30 years, eligible for pardon
o Not mandatory; dependent on President
It was never the intention of Congress to convert RP into a divisible

before 40 years have lapsed, instead of 30.

Art. 26 penalty of fine
o Read in conjunction with Art. 38 (order of payment of pecuniary
liabilities: 1. Reparation, 2. Indemnification, 3. Fine, 3. Cost of

penalty. P v. Gawkard penalty of 30 years of RP was erroneous, so it

was converted to just RP.
o If it were the intent of Congress to make it divisible, it also

Ricaforte v. Jurado: fine is not given to the complainant; it is

given to the State.

Can accused use its cash bail bond to pay his fine, if

should have amended Art 76 of the RPC but it did not (this is


Yes. The law does not prohibit him from using his

the table of divisible penalties). Art 63 provides for indivisible


cash bail bond to pay his fine. It is only meant to

penalties, and RP is there.

P v. Lucas: Only reason for the 30 year imposition is for the
three-fold rule under Art. 70, where the maximum duration of

exactly 200 pesos:

Considered a light felony P v. Canson

the convicts sentence cannot be more than 3-fold of the length

of time of the most severe sentence

Do not interchange RP with LI. Latter cannot be reduced by one or two
o P.D. 818 Syndicated Estafa:

Maximum of crime is 30 years, which in connection


with the accessory penalties shall be 30 years of RP

People v. Canales imposed 40 years of RP, with accessory
penalties of death, and cannot be pardoned until after 40 years
have passed.

How did the court reach this decision?

Because under Art. 309 of the RPC, theft is

punishable by maximum of RT. But for Art.
310, qualified theft, penalty is two degrees

higher. This is death.

But the rule under Art. 74 is that if the next

ensure his attendance during the process.

Conflict of provisions leading to confusing rulings, if the fine is

But for prescription, it is considered a correctional

penalty 10 years

Art. 28

How do you compute the penalty if the accused is not in jail?

o Compute from the time accused is at disposal of the authorities
or the court for promulgation of sentence.
What if he is in prison?
o From the day the judgment of conviction becomes final. If he
appeals, it is not yet final.
It is only when appellate court decision becomes final and executory
and accused is in jail, you begin computing service of sentence.

Art 29 preventive imprisonment

higher penalty is death, it becomes RP, with


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

PI NOT a penalty! Arises if one who is accused cannot post bail

indemnification for consequential damages. The liability of the

because he has no money/property, he will remain in jail.

Length of time for credit of PI depends upon whether he agrees to

accused under Art. 104 civil liabilities or pecuniary liabilities.

abide, in writing to the rules of jail where he is detained. If he agrees

to Art. 39?

How about the penalty of fine under Art. 38 of the RPC in relation

accorded full term of imprisonment. Otherwise, only 4/5 of time he

underwent PI.
Can those sentenced to destierro avail of art 29? YES. Destierro also
form of PI (Ppl v. Sabillo); Destierro does not involve imprisonment,

although only partial.

Sec. 53, RA 9344 [juveniles in conflict w/ the law] any form of physical
restraint imposed on a child in conflict with the law including his
community service or commitment to a rehabilitation center shall be
considered as preventive imprisonment. might be in the

It is also a pecuniary liability of the accused, but it is a

pecuniary PENALTY (not pecuniary liability), because it is
a penalty under Art. 25 of the RPC.

Art. 38
Pecuniary liability accused was convicted of a crime and ordered to pay
civil indemnity, reparation for damage cost, fined and damage cost
How will amt be paid if his money is lacking ? Art 38 (relate to Art 72 of RPC

If minor served maximum, can he be made to remain? YES, depends on
discretion of rehab center.
If penalty on minor destierro, he shall be released after 30 days as


provided in Art 29.

If the minor juvenile is imprisoned pending trial he shall be credited

civil liabilites shall be paid following chronological order under art 72)

penalized with a fine (either alone or in conjunction with imprisonment),

with the service of the sentence with the full time in which the child was
preventively imprisoned
o Provided the child agrees with the rules and regulations of

the penal institution

o If not, still entitled to 4/5ths of the time
If the convict is sentenced to life imprisonment, he is still entitled to the
benefits of this provision.
Sentenced to Imprisonment and fine can he be released if he already

law does not state? YES, he is! (Ppl v Gana)

Under Art. 104 of the RPC, the offender is civilly liable to the
offended party for restitution, damage, reparation, and

and because of insolvency, he cannot pay the fine.

ONLY APPLICABLE TO FINES! (not reparation, indemnification, cost)
Unlike preventive imp, SI is a penalty! Court must indicate in decision.
The convict cannot be ordered to serve subsidiary imprisonment for
failure to pay pecuniary LIABILITY; but he can serve for pecuniary

If he is not insolvent, but he does not want to pay the fine, can he
choose to go to jail instead?
o No. The accused the has no choice but to pay the fine. Fortun

served maximum imprisonment ? NO, he has to stay in prison til he his

able to pay fine (Ppl v. mawunawao, March 12, 1975)
Habitual delinquent is he disqualified for benefits under 29 although

Subsidiary imprisonment can only be imposed if the accused is

Ironworks Co v. Schwarzkott
Although in P v. Subido, the SC said the convict has to choose
whether to pay the fine or choose subsidiary imprisonment. J.

Callejo does not agree with this. He agrees with Ironworks.

Subsidiary imp vs. accessory penalties

Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo


AP = automatically included in principal penalties; SI NOT

and the instruments or tools used in the crime?

o Only the TC which rendered conviction of the accused may

includedmust be stated by court (Ramos v. Judge)

o Principal = should refer to penalty imposed on the offender
If the accused was convicted of a crime defined by SPL, Art. 39 will still
apply, taking into account Art. 10 of the RPC.
o Ex: Violation of BP 22, an SPL,
o Ty v. P the governing law is Art. 39, not Act 1732. Ignore

Otherwise, the court has no jurisdiction to order the forfeiture


and sentenced to prison term but he was insolvent. Subsidiary

order this.
People v. Singson but before the court may do so, the tools
or instruments must be presented to the court as evidence.

Supposing he was convicted for possession of unlicensed firearm
o Yes. Again, Art. 39 is consistent with Art. 10, not Act 1732.
Subsidiary imprisonment is a penalty. There must be a statement in the

Who has the power to order forfeiture of the proceeds of the crime

or destruction of such.
People v. Gacutan In case of bribery, the money used may
be forfeited in favor of the state.

The tool or instrument MUST belong to the accused himself. If it

belongs to some other person and he has no involvement in the crime,

cannot be compelled to serve this. (Ramos v. Judge)

If the penalty is higher than prision correccional, there can be no

there can be no such declaration People v. Elona

Does this provision apply to SPLs?
o Yes.
The court may order destruction nonetheless if the items are

(DDA) RA 9165, Sec. 20 those subject of the crime, including

subsidiary imprisonment.
Toledo v. Superintendent, citing Bagtas v. Director of Prisons, supposing

dispositive portion that if he is insolvent, he must serve subsidiary

imprisonment. Absent this specific order in the dispositive portion, he

proceeds derived from drug trafficking, and even money and assets

the accused is charged with 2 or more offenses and there was 1

acquired in violation of RA 9165 deemed and ordered forfeited in favor

decision convicted him of all the charges. How do we determine the 6-

of the government, unless belonging to third persons without

year limit?
o Where this situation exists, the 6 year period limit shall be

involvement of the crime.

o Exception to third person rule: if the items are beyond lawful

based on the total duration of the penalties [AGGREGATE]

imposed by the court based, after the joint trial, on the 3-fold

commerce still forfeited

Under Sec. 20 of the same law, the proceeds of the sale or disposition

rule under Art. 70 of tNhe RPC. If the totality of the penalties

of the property forfeited must be used to pay the expenses incurred in

exceed 6 years, no subsidiary imprisonment shall not be

the proceedings including cost of the proceedings

imposed, even if the penalty for each of the crimes is less than
6 years.
Art. 45 forfeiture of the proceeds of the crime

Art. 48 complex crimes

P v. Bon Death penalty may no longer be imposed, even in relation to

Art. 48 of the RPC.


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

Material Plurality when a single act constitutes two or more gave or

less grave offenses, or when an offense is a necessary means to

commit the other
o There is only one penalty, although there are multiple crimes
o The more serious crimes penalty is imposed in maximum

criminal act, not singularity of the criminal impulse. Because singularity

Delito compuesto (first mode)
o Either dolo or culpa

P v. De los Santos person was convicted for


the RPC
If punishable under the RPC and an SPL, Art. 48 will NOT

of criminal purpose is NOT written in Art. 48.

The SC applied single impulse test for the first time
o P v. Tulos he stole on the same occasion 13 cows. SC held:
one crime of theft even if there were 13 cows, applying single

In crimes against chastity, the SC adopted another test: single criminal
o P. v. Obrique raped niece at 10 am, then 11 am at same
grassy area. One crime of rape, even though committed in

apply. The offender may be charged and convicted for both

crimes, separately without double jeopardy.

Ex. Estafa and illegal recruitment

Ex. Estafa and BP 22

Supposing one wants to kill another with treachery, but there was

both the person and the person behind him.

o Complex crime of murder and SPI.
P v. Andaya the accused forcibly insert his penis into the vagina of the

same place and same occasion. SC said: the accused is guilty

of one count of rape and 2 counts of sexual assault, same

place, same occasion.

P v. Aaron (CJ Corona) the accused inserted his penis into
the vagina of the victim and made several push and pull
movements but without removing his organ, until he reached
orgasm. How many crimes of rape? Prosecutor said as many
crimes of rape equal to the number of push and pull. HELD:
only one, because he reached orgasm only once then he

woman and she sustained Less SPI in her vagina. Art. 48 Rape
complexed with Less SPI
o Problem here: SC applied the second paragraph. J Callejo

intervals of one hour, he was motivated by one criminal intent.

P v. Intong accused inserted private organ and raped the
victim, but he was not content; he also inserted his finger at the

abberatio ictus, or error in personae, then the crime committed by the

accused is a COMPLEX CRIME.
o Attempted homicide + homicide
P v. Patrolla the accused stabbed the victim with a bolo, the bolo hit

impulse test.
P v. de Leon took two roosters on one occasion. SC HELD:
one crime of theft because it was in response to one criminal

reckless imprudence resulting into homicide and

destruction of property
The felonies resulting from the single act must be felonies in

Gamboa v. P, cited in P. v. Judge Pineda: there must be singularity of the

removed it. Lesson: do not remove it.

P v. Sollano The accused raped his niece once a day, insert

does not agree. It must be paragraph 1.

The law is clear: a single act. But the SC sometimes applied the single

his finger once a day, for 16 successive days in different

impulse test or the single criminal intent test.

equal to how many times he inserted his organ and finger.

locations. HELD: as many crimes of rape and sexual assault

Reasoning: there could not be a single criminal intent because


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

each time he committed the crime, was on different days the

accused was animate by separate criminal intents on each


P v. Calimlim: Raped victim for first time is the pig pen, about

SC said there was only 1 crime of kidnapping with homicide.]

8m from the house. Then brought her to the room and raped
again. Brought her to kitchen, where he raped her again.

occasion. There are as many violations of BP 22 as there were

HELD: There were separate criminal intents because he raped

many checks. The criminal intent or resolution test does not

the victim in different places although the rapes were done

This is strange case (J Callejo does not agree)

Will you apply the single criminal intent or resolution test in mala
o No. Lim v. P: Person issued 3 bouncing checks on the same

her again. Then brought victim room of cousin, and raped

Test: place test

NOTE: P v. Escoton: Convicted person for 5 counts of

apply because it is mala prohibita.

What about falsification of documents? Apply the single criminal
intent or resolution test?
o P v. Penas: Accused convicted of only one complex crime of

rape even if it was in the same place, and at the same

estafa through falsification of three postal money orders which

night. Be forewarned that this might be the new rule

she cased in on the same day. Since it was the SAME

occasion the acts are considered as only one act of estafa

now (2010 decision).

What test will be applied for kidnapping? Single impulse, or single
o P v. Laranaga even if the persons were kidnapped on the
same occasion and place, there were as many crimes of

through falsification of commercial document.

BUT P v. Gonzales: There are as many crimes as how many

vouchers were falsified.

P v. Villanueva: Accused falsified three money orders
separately. Each constitutes separate crimes. Animated by

kidnapping as there were persons. Kidnapping with homicide,

K with murder, K with rape: these are all special complex
crimes, and not complex crimes under Art. 48 of the RPC.

be the crime.
P v. Rimurin (?) if the victim of kidnapping got raped, how
many crimes of special complex crime of kidnapping and rape?


separate impulses, in falsifying each voucher.

P v. Segovia: Accused, an employee of the SC, falsified the roll
of attorneys. Included 3 names. HELD: As many crimes of

Even if the homicide or rape is a mere afterthought, this would


P v. Reyes 7 persons kidnapped. Two of them killed. [The

falsification as there are many persons.

Lastrilla v. Granda: Uncles and aunties died and left three
parcels of land. Executed three separate deeds of sale, on

There are as many times of crimes of kidnapping and rape as

different occasions, making it appear that the vendors were the

the number of persons kidnapped and raped.

Test: number of persons
P v. Bacungay Same rule for kidnapping for ransom, Even if

crimes. [Might be asked in the Bar]

Antedating, forging the signature, and ? am I

uncles and aunties, when they were still alive. Separate

it is the same situs, the number of crimes of kidnapping will

guilty for three counts of falsification for falsifying

depend on the number of persons kidnapped.

one document on three modes? Only ONE crime


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

of falsification of public document even if there were

under Art. 48(1), applying single impulse test. [Note: court just

multiple modes.
Gamboa v. CA: There was no single impulse, intent, or

resorted to this because they couldnt tell who killed who]

P v. Pingcalin Several killings inside Bilibid prison. HELD:

resolution test mentioned in Art. 48. It mentions a single act.

Multiple murder and multiple attempted/frustrated murder.

They bought optical products, buyers thought he was

Against, applied single criminal impulse test. (J. Aquino)

Dissent by Makasiar: Read Art. 48 single act. It

authorized to collect but he was not; deposited and withdrew

from account for his own benefit. THERE WERE AS MANY



If it is prisoners, apply Art. 48. If NOT prisoners, then

estafa case, citing P v. Pineda)

Compare to Ilagan v. CA: As far as the lot buyers were
concerned, there were as many crimes of estafa as the number
of times the petitioner fraudulently collected from the victims.
As far as the corporation is concerned, it depends on obligation

separate crimes. [This is really strange.]


read Art. 48! A single act! (The SC got mad na here)

P v. Salidad: Several accused with automatic, high powered
guns and killed several people. If you pull the trigger, several

to account. If he is obliged to account everyday and he fails to

bullets shoot out. Complex crime of multiple murder and

do so, there are as many crimes of estafa as the number of

multiple attempted murder. Although several independent acts

days he failed to account. If he is obliged to account every

were done, it was not possible to determine who among them

month, he is guilty for every month he fails to account. Nice.

P v. Serrano: There were as many crimes of estafa through

forgery as there acts.

Forcible abduction, concubinage continuing crime if they moved

from one to place another

Adultery continuing? Ppl v. Sapata every sexual intercourse

killed how many victims. The accused showed a single

criminal impulse based on my gosh, di natin napatay lahat).

man not her husband, the crime is adultery.


Also used conspiracy as basis.

But see P v. Dalmacio Armalite guns fired successively, and
explosives, killed several and seriously wounded others. The
accused were guilty for as many crimes as how many people

constitutes a separate crime of adultery as long as the marriage bond is

not terminated every time the offender commit sexual intercourse w/ a

doesnt say single criminal impulse.

On an MR: J. Aquino reneged, considering Makasiar.

were injured.
o P v. Barbas: There may be a complex crime of malversation
through falsification of official documents a crime being done
to commit another crime.

Even if two or more persons were subject to libel, if there was

only one publication, there is only one crime of libel.

Crimes against persons:
o P v. Lawat Constabulary officers killed around 50 Maranaws

Delito compuesto (Art. 48(2))

with guns. Convicted of complex crime of multiple murder


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

Necessary means to facilitate or ensure the commission of another

felony. If one felony is indispensable to the commission of another, then

house (13 year old girl) forcible abduction with rape.

Art. 48 DOES NOT apply; there is only one crime.

o Bottom line: Must be necessary but NOT indispensable
Is it possible that one is delictual and the other is culpable felony?
o Samson v. CA. Yes.
o Cashed check on behalf of an impostor. The employee of the

What is determinative? SPECIFIC INTENTION OF


What if there was abduction, and then there were three rapes done

bank did not bother to check, since we are friends.

The employees failure to ascertain identity of payee, there is

commit estafa.
o HELD: Estafa, through falsification by culpa.
Why, can a public document be done through culpa?
o Yes. Because for official or mercantile documents, there is no

need to prove that there is intent to cause damage.

The intent to cause damage is only required for private

consummated. So the second and third rapes were

SEPARATE crimes. HELD: One complex crime, two separate

simple crimes. (This is en banc.)

But there are some commentators that say that the subsequent

rapes must be absorbed since abduction is a continuing crime.

If the accused abducted two women at the same time, and then
raped both?
o Guilty of TWO counts of forcible abduction with rape.

document. Therefore, there is no falsification through culpa for

P v. Garcia, P v. Caraang: The moment the first rape was

committed, then forcible abduction with rape was

falsification/endorsement by culpa, becoming the means to

P v. Abarquez: Abducted to place 100m from her

private documents.
What about forcible abduction with rape: related with Art. 342 and

Exceptions to the second clause

rape/sexual assault (Art. 366-A)?

o Absorption of felonies.
o If the intention was to rape, and the victim was brought to a

place in light of rape. HELD: Rape only abduction is


absorbed by rape. P v. Almanzor

But there may be a complex crime of forcible abduction with
rape. When is it not absorbed?

P v. Mojerada: Victim abducted and brought to grassy

area near her house, where she was raped.

1. Indispensable
2. Essential element or mode of committing another felony
3. Merged with another crime
4. Felony is committed to conceal another crime
Take note: Batulanon v. P [Note for the Bar]: Company officer falsified
two private documents to make it appear that there were two extra
employees, even if she really just kept the wages for herself. Apply Art.
48(2) for estafa through falsification of private document?
o No. There can be no complex crime of estafa through

Abduction was absorbed since it was near her house.

P v. Godinez: Brought to place 600m from her house,

falsification of a private document, because the latter must

where she was raped. Abduction was STILL

estafa, the same elements must apply. The moment the

absorbed by rape.

falsification was made with intent to cause damage, the same

have 1. Intent to cause damage, and 2. Damage caused. For

element CAN NO LONGER BE USED to establish estafa. The


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

crime instead is falsification of private document. If the estafa
can be committed without the falsification, the proper charge is

estafa. Art. 48 DOES NOT apply.

If it is falsification of public or mercantile document, can there be
complex crime of estafa through falsification of public document?
o Yes. [See discussion above on element of falsification of
public documents.]


Does article 48 apply to culpable felonies ex. Reckless imprudence

resulting into homicide?
o P v. De los Santos Yes. Because a complex crime involves

felonies. Culpa is a felony.

Are aggravating and mitigating circumstances applicable to Art.

o No, Art. 365, because it involves negligence,
Another principle in De los Santos can Art. 48 apply if the

constituent acts are less grave felony and light felony?

o No, light offenses are not included (see excerpt).
If under Art. 48, the maximum of the graver penalty is imposed, is it

a special aggravating circumstance?

o No.
What if the accused is entitled to a generic mitigating

negligence in view of the definition of felonies in Article 3 as acts or

omissions punishable by law committed either by means of deceit (dolo) or
fault (culpa). In Reodica v. Court of Appeals, we ruled that if a reckless,
imprudent, or negligent act results in two or more grave or less grave
felonies, a complex crime is committed. Thus, in Lapuz v. Court of Appeals,
the accused was convicted, in conformity with Article 48 of the Revised
Penal Code, of the complex crime of homicide with serious physical injuries
and damage to property through reckless imprudence, and was sentenced
to a single penalty of imprisonment, instead of the two penalties imposed by
the trial court. Also, in Soriao v. Court of Appeals, the accused was
convicted of the complex crime of multiple homicide with damage to
property through reckless imprudence for causing a motor boat to capsize,
thereby drowning to death its twenty-eight passengers.
The slight physical injuries caused by GLENN to the ten other victims
through reckless imprudence, would, had they been intentional, have
constituted light felonies. Being light felonies, which are not covered by
Article 48, they should be treated and punished as separate offenses.
Separate informations should have, therefore, been filed.

offender, under the pro reo principle. What does J. Tinga mean by

Article 48 of the Revised Penal Code provides that when the single act
constitutes two or more grave or less grave felonies, or when an offense is a
necessary means for committing the other, the penalty for the most serious
crime shall be imposed, the same to be applied in its maximum period.
Since Article 48 speaks of felonies, it is applicable to crimes through

Because even if there are two crimes committed, the law only
punishes the offender for one, although it is in the maximum.

circumstance, will it offset?

o No, unless it is a privileged mitigating circumstance.
De los Santos:

In P v. Comadre, SC said that Art. 48 is for the benefit of the

Because in the eyes of the law, the two crimes stem from one
criminal intent this is less perverse in the eyes of the law

compared to punishing him for two crimes.

Does this apply to the second part of Art. 48?
o Yes, because the first act was only a means done to commit

the second crime. There is still one criminal resolution.

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


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo


Read the dissent of J. Montemayor. He said that pro reo should

People v. Paicana, Jr.: the accused stabbed his wife to death, and she

was 6 months pregnant at the time. Is he liable for complex crime?

o Yes. Parricide with unintentional abortion,
Take note of difference between Ampito and Batulanon cases [for the

not apply to the second paragraph because he committed two


crimes, unlike in the first paragraph.

The majority rejected this by pointing out that both means were


included in the same provision. If the treatment for the second

paragraph must be different, then it should have been placed in

a different provision.
How do you define grave and less grave offense?
o Defined according to the penalty.
o Grave: afflictive or capital
o Less grave: corrective
Does 48 apply if one crime is under RPC and one is SPL?
o No. It mentioned felonies.
o So punish them separately. Ex. violated estafa and BP 22.
If one is under RPC and ordinance?
o No. Punished under both the RPC and the ordinance violated.
Can there be a complex crime of arson and homicide?
o No. Its either only simple arson or simple homicide. NEVER


Can robbery with force upon things be complexed with robbery

with violence against persons?

o Yes. The former can be a means to commit the latter.
Is coup detat a political crime?
o Yes.
o Political crimes are those directly aimed against the political
order. Any common crime committed in furtherance of a

Look at intent.

political crime is absorbed.

The common crimes are absorbed because they are necessary
to achieve the political purpose.
What about illegal possession of firearms?

Yes. Absorbed. Ponce Enrile v. Salazar case.


Will Art. 48 apply if the resulting crimes from the single act
constitute two different felonies?
o Yes. Ex. I threw a grenade at the house of my wife and
paramour, and both died. Guilty for complex crime under Art.

48(1) murder and parricide. P v. Magalona

P v. Macasling: Art. 48 will apply even if there is mere abberatio ictus.
Ex. I fired my gun at A, but killed B instead. Art. 48 will apply: attempted

homicide with consummated murder.

Can one person be liable for homicide and SPI?
o P v. Patrolla: Yes.

Article 48 does not apply to special complex crimes

o Ex. robbery with homicide, robbery with rape, robbery with

intentional mutilation
Ex. kidnapping with murder, kidnapping with rape, kidnapping
with homicide

People v. Ordono the accused each raped the victim, and one of them
killed the victim. Both are guilty of rape with homicide (one each), even
if only one killed the victim.

Delito continuado (continuing crime)


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

Applied by the SC to the crime of theft: People v. Tomblos, P v. De Leon.

There is only one crime of theft even if the accused stole 13 cows

Penalty for the more serious crime, applied in its maximum


belonging to two different owners. Single larceny rule was applied if

a person steals several objects in the same occasion, in the same place,

although belonging to different people

Offender stole 6 roosters at same time and place there is only one

Art. 49

crime of theft (Ppl v. Jaranillo) ; Act of taking 2 or more is not susceptible

of division and in the eyes of the law

Mallari v. P Mallari wanted to borrow money P3K, but the lender
wanted to give P1,500 only. Mortgaged two lots to secure debt. Went to
the aunt to borrow instead, and mortgaged the same two lots. The titles

ended up committing parricide art 49 applicable? see Boado p. 260

were falsified. delito continuado: even if there were two transactions,

there was a single criminal resolution leading to a single crime of estafa

through falsification of public document.

Adultery is not a delito continuado. Each sexual act is an offense. P v.
Zapata: adultery is consummated and exhausted at the time of carnal

May this apply in special penal laws? Yes. Santiago v Garchitorena

Skipped 50-60

Memorize Art 50
But take note that the regular provisions on calculation of penalty do not
apply for the privileged mitigating circumstance in Art. 68


extend stay of aliens by virtue of EO. Despite this, she signed several

Ppl v Bonn

orders approving the legalization of 32 aliens violating order of

Ppl v Sarsia

president. Did she commit 32 crimes or only one? HELD: Crime is

Ppl v Jacinto (March 16, 2011)

continuing. Triggered only be single criminal purpose.

Intent to borrow from one person but also borrowed from another this
-Mallari case
Can you apply Art. 48 to plunder? NO!
o J. Regalado: Plunder is unique. Cant apply Art. 48. Although
there maybe some predicate crimes, only ONE CRIME is

might be asked in mids also!

N.B.: this provision only applies for error in personae
Not to aberratio ictus or praeter intentionem
o Because here, Art. 48 applies

Santiago was an immigration commissioner; it was prohibited for her to

is a continuing crime of estafa through falsification of a public document.

Might ask q in midterms what if A intended to kill B homicide but he

What is the penalty for a complex crime?

Art. 59 for impossible penalty

There is some commentary that the penalty for impossible crime does
not apply for light penalties (or else, the penalty for the impossible crime
would be greater than the crime itself)

Art. 67


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

Has become inoperative.

Apply Art. 365 instead

Art. 64

Art. 61 and 71

MEMORIZE the scale under article 71 so that you can compute

graduation of penalties under ISL

Amended by RA 9346.
Death penalty should not be taken into account for graduation of

ONLY reclusion perpetua is indivisible now.

Art. 62

Special aggravating circumstances:

o Abuse of public position
o Crime committed by organized/syndicated group

In this case, conspiracy is assumed

What does this mean?
o It cannot be offset by generic mitigating circumstances
Distinguish habitual delinquency from recidivism and reiteracion.

might be asked!
Habitual Delinquency: This provision applies even if robbery is with

homicide (Ppl v Aquino; Ppl v Santiago). If all committed within 10 yrs,

isa lang yan. Conviction of accused for 2nd / 3rd must be after 10 yrs.
(read more; I didnt catch everything he said sa part na to-yas)

aggravating, the court may impose a penalty one degree lower.

o Ex. if there are four mitigating circumstances, once you use two
to lower the penalty by one degree, the two are useless na.

These have no effect. Basan v. P

What if the accused is sentenced to reclusion perpetua, has two generic
MC, and no AC. Can it be lowered by one degree?
o P v. Tacbojo (June 1993) No. No matter how many MCs
there are, RP cannot be reduced by degrees

Penalty of fine

Art. 63

Check paragraph 5. If there are two or more generic mitigating and no

Art. 66 and 75 Study this well

What are the scenarios:
o Either the law imposes a penalty of fine
o OR penalty of fine AND imprisonment
o OR penalty of fine or imprisonment
If the law provides for a penalty of fine of not less than 50K to 100K
the court has discretion to impose a fine within these bounds
Will you apply the ISL by analogy?
o No. It does not apply here.
If the law specifies penalty of fine OR penalty of imprisonment (Ex.
BP 22), can the court impose a similar alternative penalty?
o NO. The court must make a definite choice.
Increase or reduction in the degree of the fine:
o Increase or reduce (as the case may be), the maximum by 1/4th

Made inoperative by RA 9346

Then, there are two indivisible penalties (death and RP). But now, only

of the maximum amount

o Do not change the minimum
P v. Judge: Fine cannot be used as substitute penalty to imprisonment.

RP is indivisible.
o Cannot be affected by mitigating circumstances
o EXCEPT privileged mitigating circumstances

Penalty of fine is independent from penalty of imprisonment.

Lazaro v. P: Accused drew and issued a check to pay for an obligation,
but it bounced. Changed for BP 22. During trial, accused paid the


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

value of the check. So there was no more damage to the complainant,
but the case was already pending. May the accused be convicted for
a fine still?
o Yes. Penalty of fine does not go to the offended party but the
Art. 68

Art. 70

Reclusion perpetua shall be considered as 30 years only for the

purpose of service of sentence.

What are the penalties that can be served simultaneously with

In conjunction with RA 9344: DP cannot be imposed to a minor

AM 02-1-18 note this
o 1 Dec 2009: If the minor committed a crime and the time the
law took effect, he was already 21, can he enjoy the benefit of

suspension of sentence
o Padua v. P
RA 9344, Sec. 2
o Minor 15 or younger: exempt (no discretion to commit a crime)
RA 9262
o A woman who is suffering from BWS is exempt from criminal

If a minor is charged with a heinous crime punishable by death or RP-

death, is he entitled to suspension of conviction?

o Yes. Ubi lex non distinguit, nec non distinguire debemos.
o P v. Garcia
But if the minor commits a SPL, which does not follow nomenclature of

RPC, the minor is not entitled to privileged MC.

o Ex. Life imprisonment in Illegal Recruitment
Is the recommendation of the social worker binding on the court?
o No. The court must ascertain the basis of the finding of the
social worker
o P v. Candelario
If minor has already reached the age of 21, proceed with enforcement of
judgment of conviction.

Art. 69

P v. Bon If the penalty is death, reduced to RP with no parole.

penalty of imprisonment?
o 1. Perpetual absolute DQ
o 2. Perpetual special DQ
o 3. Temporary absolute DQ
o 4. Temporary special DQ
o 5. Suspension
o 6. Public censure
o 7. Fine
o 8. Bond to keep the peace
o 9. Civil interdiction
Can destierro be imposed as the same time as imprisonment?
o No.
Imprisonment must be served by the convict successively, following
the order of their severity, as provided for by Art. 71
o 2nd sentence does not commence until after the first expires.
Is subsidiary imprisonment included in computing the 40 year period?
NO. Do not include subsidiary imprisonment penalty in the computation

of 40 years. It is indeterminate. Accused may be able to pay the fine.

ART 70 does NOT apply to life imprisonment.
Ex. DDA > highest penalty is life imprisonment / death; specifically
provided that RPC provisions will not apply except when accused is a
minor such that RPC provisions will apply (ex. death penalty cannot be

imposed on a minor)
Accused sentenced to 3 counts RP, so sentence not more than 40 yrs.
While in jail, he killed a assaulted n killed a security guard direct
assault with homicide. Will this be included in 40 yr period? NO. Bec this


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

happened already AFTER the final judgment. Otherwise he can commit

Art. 87 Destierro: Memorize

crimes w/ impunity and not serve sentence.

If penalties are indeterminate (max,min), basis will be MAXIMUM of the

radius specified which shall be from 25-250 KM from the place

indeterminate penalty (Desierto case). Despite Art 27 amendment, that

the range of rp is now 40 yrs, nevertheless, reference of 30 yrs as basis

for computation for rp under art 70 remains.

RA 7659 did NOT amend art 70 of the RPC.
Lagran case: when the accused has been sentenced to 2 or more terms
of imprisonment, the term should be served successively, NOT

simultaneously, but not to exceed 40 yrs.

Ppl v Conte: 11 counts of rape, successive

service as

long as not exceeding 40 yrs

How will accuse pay civil liability if he has been sentenced / serving in

prison? Chronologically.

Art. 76

Not permitted to enter places designated in the sentence, nor within

It is NOT included in Art 70; however if it is an accessory penalty, it is
included in art 70

Art. 89

Is parole a mode of extinguishing criminal liability? Yes, partial extinction

of penalty
P v. Bayotas: civil liability of accused extinguished by death includes

duty to restitute the proceeds of the crime

But civil liability predicated on a source other than the delict survives.
Can be executed against the estate.

No penalty executed except by virtue of final judgment

If the person is acquitted, cannot anymore be subjected to public

Absolute pardon and amnesty

censure (P v. Abellera)
Judge sentenced accused to 25 years RP; can he be compelled to

serve sentence?
o No. There is no such sentence as 25 years of RP; just RP.
o Remedy: writ of habeas corpus.
Art. 79

If the convict becomes insane or an imbecile: suspend service of

sentence and sent to hospital for necessary treatment

Any time convict recovers, his sentence shall be executed
But the civil liability should still be enforced in spite of insanity or

Pardon: does not look back; looks to the future and is not retrospective
o If he is pardoned and commits a crime of the same title, he is

still a recidivist
Given by president; board of pardons and parole can give

recommendation but president is NOT bound

o Civil liability still remains
Amnesty: everything is extinguished
Pardon is a private act of the President and must be proved by the
accused, unlike amnesty, where the court can take judicial notice

because it is a public act with the concurrence of Congress

Effects on right to suffrage and right to hold public office:

imbecility of the person


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo


Absolute pardon granted by President to civil rights, but for

Supposing there are 3 accused: principal by direct

these two specific rights, it must be specifically granted by the

participation, principal by indispensable cooperation, and

pardon P v. Patriarca

an accomplice if there is marriage between principal by

TORTURE? may one take advantage of amnesty? NO. It is a limitation

direct participation, does this extinguish liability for the

on the power of Congress.

other accused?

Yes, they are benefited. This was the intent of the

How about terrorism? May pardon be granted? (RA 9372) yes, because

Senate when they removed the original proviso stating

rpc applies suppletorily to terrorism

that the co-principal, accomplice, and accessory do

Art. 344

US v. Guarin the offended party may grant the offenders, in the crime

naturalization. He is found out. He decided to withdraw the

of concubinage and adultery

o Offended party may pardon before institution of criminal

If there is conviction by final judgment, the President may grant

PARDON EVEN IF it is a private crime

Service of sentence: amnesty
o Kapunan Jr. v. CA: Ramos issued a proclamation granting

petition for naturalization. Does this extinguish liability?

o Chua v. P No. This extinguishes merely the application but not

involved in rebellion)?

Yes. But the amnesty does not include any crime not

offended party pertains only to civil liability, even if offended party n

accused NOVATE civil action. It does NOT affect criminal liability

o P v. De Guzman (3 March 2010) Under 8353, the marriage
between offender and offended party in rape or sexual assault
will extinguish criminal liability and the penalty already imposed

(EXCEPT if the marriage is VOID)

So even if the marriage happened during service of sentence,
even the penalty already imposed is extinguished

(Diongzon v CA)
How about restitution of property subject of offense? Does returning
property extinguish criminal liability? No, because criminal act has
already happened. It may only be a mitigating circumstance akin to

covered by the proclamation itself. The latter must

specify the crimes to which amnesty is extended.

the liability for a crime already committed

DOES novation extinguish criminal liability? No. Whatever complaining
witness does, it does not affect criminal liability of the accused. Claim of

amnesty to Honasan,, Capunan, etc. Does the proclamation

include members of the AFP (any person who may have been

not benefit (through Sen. Enriles statement).

Suppose an accused made perjurious statements in petition for

voluntary surrender (Sahot v People).

Tan v. Phil Comm intl Bank: For BP 22, when a check was issued, there
were no funds. There was a demand, he was given 5 days, he paid w/in
5 days. no liability.
o If there were still no funds when presented, there is amnesty
period for 5 days to pay. If paid no liability. (Tan v PCIB)

Prescription of crimes


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

State, by its inaction WAIVES its right to prosecute a person.

Prerogative of the state.

If the penalty imposed on the convict is a compound one, what is

the basis for prescription?

o The highest penalty.
Destierro is correctional: prescribes in 10 years
What should be considered to determine whether the crime has
prescribed or not?
o Romualdez v. PCGG: Consider the FF

1. Period of the offense charged

2. Period when it begins to run

3. Period when it is interrupted

o Act 3326 the law defining how to compute prescription for
crimes under SPL

But there are SPLs that themselves provide for

But what is the rule for marriage?

o Jarillo v. P: Prescriptive period should begin to run from when
State or agents or offended party acquired actual knowledge of
the second marriage. Unlike property registration, registration

of marriage is not constructive knowledge of marriage.

Continuing crime? When is it discovered? From the last act; depends on

the nature of the crime

It is NOT the discovery of the identity of the perpetrator but the discovery

of the crime; corpus delicti

What if crime is IP crime? When the offended party files a complaint w/
the task force for violation of IP law ; when filed w/ task force,

prescriptive period is suspended

How about a document involving the sale / mortgage of real property,
the original of which is registered w/ the ROD? Can it be said that filing
of doc w/ ROD = crime of perjury should have been discovered? YES.

manner of computing prescription

Ex. OEC 5 years

What is the rule under Act 3326?
o Prescriptive period: from when it is known to the offended party

This is dif from bigamy. Registration does NOT constitute constructive

or to the State or agents

If not known when committed, when discovered by the

Prescription of a light crime art 9 of rpc will apply

Filing of Doc is constructive notice; provided by PD1521. (People v

offended party or the State or its agents

RA 9351 > genocide imprescriptible.
What do you mean by offended party?
o Private party or government or agents
When is the period interrupted?
o Counted when complaint filed for preliminary investigation with

Prescription of penalties

public prosecutor or the OMB.

How about continuing crime? When does period being to run?
o Prescription period runs after the occurrence of the LAST act.
Supposing a document is executed ex. REM and it is falsified.

When does the period run?

o For documents required to be filed with the Reg. of Deeds,

Partial extinction, conditional pardon

Luna v. Warden, Del Castillo v. Torrecampo the prescriptive period for

penalties begins to crime when the accused commits the crime of
evasion of service of sentence
Even a person who violates destierro can be liable for evasion of

period begins to run upon filing with the ROD (P v. Pacificador)


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

Grant of conditional pardon interrupts prescription of penalty upon

acceptance of the pardon (ppl v pontillas)

The ff are not entitled to executive clemency:

Disqualified from pardon per Board of Pardons and Parole
1. Evade sentence
2. Violated condition of pardon
3. Habitual delinquents / recidivists
4. Kindnapping for ransom
5. DDA
6. Release would pose danger to society
7. Dementia / insanity
*PARDON: not effective until accepted; extinguishes crim liability to extent
Usual condition not commit another crime during its period
If convict violates the condition, president may order re-arrest of pardonee

o Art. 221 otherwise

Does a complex crime under Art. 48 automatically mean there is
only one civil liability?
o No. There is as many civil as crimes pa rin, because Art.48 is
strictly a pre reo provision in criminal law and does not extend

to civil liabilities.
Is the adopted civilly liable for the damage caused by the adopted

o Yes.
What are the requirements for the employer to be civilly liable for

damage caused by their employees?

o The employee has to be insolvent.
Is a teacher liable for students acts?
o Only when engaged in industry.
Mere consulting doctors in a hospital negligently left gauze in the
stomach of a person they operated on. Is the hospital liable?
o Respondeat superior because there was control exerted by

bec he commits a crime (violation of conditional pardon) and K between

president and pardonee

Once commuted, original sentence is NOVATED.

the hospital
Are these consultants deemed employees?

Yes. Because employer-employee relationship is not

determined by the nomenclature of the relationship.


Art. 12(1) in relation to RA 9344 Minor exempt from criminal

liability. Is the minor civilly liable?

o The minor is also exempt from civil liability.
o Parents/guardians are civilly liable
o Relate with Art. 221 in Family Code
Supposing the minor acted with discernment, but the minor is
criminally liable for reckless imprudence resulting in homicide. Is
he civilly liable?
o Apply 2180 negligence, culpable felony

Professional Services v. Natividad

For medical negligence cases, an employer-employee
relationship exists between hospitals and their attending
physicians, including medical consultants.

Ratio: performance of these doctors are evaluated by

a peer review board based on feedback from patients,
mortality statistics. The private hospitals can

hire/fire/exercise control over the consultants.

The hospital is owned by a private corporation. Is the private
corporation civilly liable for the negligence of the consultantdoctors?


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo


If a private hospital is owned by a private corporation, such

corporation may be held liable on the basis of corporate

qualifies is given an indeterminate penalty consisting of maximum and

negligence or corporate responsibility. As the owner of the

the hospital meets the needs of the patients, including close

Service of accused of minimum makes him eligible for parole. If allowed,

supervision over medical staff, including consultants.

When can the employer be exempted from subsidiary liability, or

he will be discharged.
MAXIMUM will be based on the penalty provided for by law. Penalty will

hospital, the private corporation is duty-bound to see to it that

be reduced by 1 degree. Then minimum will be taken from penalty

have it lessened?
o Phil. Rabbit v. P: If there is collusion between employee and

reduced by 1 degree. Whatever aggravating / mitigating circumstances

are attendant will be taken into account only in the imposition of the

private complainant, ex. the claim is inflated, in order for the

employer to have more liability.

In order for employer to be liable, there must be proof that the employee


Upon the submission of the sheriffs return.

If the employee is convicted based on reasonable doubt, is there
civil liability for the employer?
o Yes. The only time there is no civil liability, is when the court


charge was based on.

Regardless as to who the actual owner of the motor vehicle might be,

of society as a whole.
To give individual a chance to rejoin society and be an asset to

society instead of merely being a fugitive / prisoner

What if felony is frustrated? Reduce penalty by one degree.
Accomplice only? Reduce penalty by one degree. Ex. Homicide
degree lower PC. Maximum will be taken from the RT / PM / PC
De Joya v. Jail Warden: The State is concerned not only in protecting
also in redeeming the individual for economic usefulness and other

public or third persons. The owner on record is the employer of the

Looks at convict as private individual, and secondly as member

social organization against criminal acts of destructive individuals, but

the registered owner is the operator of the same with respect to the
driver; the actual operator and owner are mere agents of the registered

punishable by RT reduce to PM ; if accessory only, reduce to another

holds that the accused did not commit the acts on which the

maximum of the indeterminate sentence.

PURPOSE OF ISL: For benefit of convict, and to increase economic
contribution. Purpose: to individualize the administration of Phil. penal

is insolvent. Proven through returns of the sheriff.

o Can the employer challenge the sheriffs returns?

o At what stage of the proceedings can the employer do

FOR MIDS: Determine who are qualified and who are not.
Under ISL, one may enjoy partial extinction of penalty. Convict who

owner of the vehicle. (First Malayan Leasing v. CA)

BA Finance v. CA: The registered owner is subsidarily liable (not the
lessee), but the registered owner can recover from the lessee.

social ends.
Sec. 1:
o Court must determine the maximum of the indeterminate

penalty, and then the minimum

Minimum: court has unlimited discretion within the range of the
minimum of the penalty one degree lower than the penalty


imposed by law
Cannot avail of ISL / who are disqualified?

Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo


1. Convicted and punished with death, life imprisonment, RP

For the purpose of ISL, life imprisonment and RP are

synonymous. Serrano v. CA
2. Treason, misprision of treason, proposal to commit treason,


rebellion, sedition, espionage; piracy,

3. Habitual delinquents
4. Escaped confinement or evaded sentence
5. Violated conditional pardon
6. If penalty imposed does NOT exceed one year (ex. arresto

o [7. Those already sentenced by FJ upon passage of Act]
PENALTY imposed upon the above will no longer be lowered by one

Bates v. P: If the court imposes a penalty of fine (if alternative between

When the person serves the minimum of the ISL, he may apply for
parole. He will be allowed to leave the penal institution under certain

conditions. (Ex. do not commit crime, etc.)

This lasts for a certain period of time.
If he complies with the conditions of the parole, the Board of Pardons
and Parole will give out final release and discharge.


Ppl v Gonzales 73 PHIL 549; Misurtado v SBN; Santos v SBN
Example: homicide w/ frustrated homicide. Conformably w/ art 48, sentenced
to ID penalty of (choose from prision mayor) to 17yrs max of RT in its
MAXIMUM period.

imprisonment and fine), the ISL does not apply because it applies only

to penalty of imprisonment with divisible penalty.

There are laws which expressly provide that the convict is not entitled to

the benefits of the ISL and parole. Ex. terrorism law.

Offenders who commit crimes while on parole are DQed from ISL.
Consider the criminal as member of society, relationship with


NUMBER ONE RULE: if you file appeal, you lose probation. If you file

dependents, family, society at large. Is he civic minded?

Read Guinhawa v. People when a straight penalty is imposed, and

for probation, you cannot appeal.

RA 9344 penalty is suspended. Minor is given a chance to comply

when not
o Answer: when BOTH minimum and maximum durations of

with conditions.
If he reaches 21, he goes to jail, but with

Probation: if the minor is incorrigible, then he will serve the penalty of

imprisonment. But he is still entitled to probation.

RA 9344 is an amendment of the Probation Law. Because normally

if you appeal, you lose probation. But under 9344, allowed.

Pablo Francisco v. CA (April 6 1995). Usual rule: if the penalty exceeds

imprisonment are less than 1 year. For instance, in this case,

the maximum was four months and one day. The court
imposed a straight penalty of 60 days.


6 years, you lose benefit of probation. He was sentenced for 3 crimes,

tried jointly, each having less then 6 year penalty. But if you add them
all together, they exceed 6 years. HELD: By a vote of 8-7, the SC said


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

he is entitled to probation. The penalty for EACH crime is considered,

not all the crimes.

P v. Evangelista: Convicted of frustrated homicide (prision mayor).

etc. there can be murder or rape. Nevertheless there is civil

Appealed to CA: affirmed, but with modifications. He filed petition for

probation. He claimed he did not appeal from CA decision. HELD: No

probation, because appeal that matters is appeal from the trial court,

Yes. P v. Hernandez. Ex. political crimes like rebellion, sedition,

liability for these acts.

P v. Malngan. Yes, there is criminal liability for homicide, even

if absorbed by arson.
Rodriguez v. Pomferada: I issued a post-dated check in payment of a
current obligation. It bounced. How many crimes? Two: BP 22 and

not the CA.

RA 9372: those who commit terrorism not entitled to probation.
If the court denied petition for probation, but there was GADALEJ

remedy is Rule 65 (Certiorari)\

Soriano v. CA: In the probation that was granted, a condition was that

crimes, there is only one check, thus there should only be one payment

he has to submit a program of payment for the civil liability. He did not

estafa. Q: Will the person have to pay twice for the value of the check,
considering there is only one check? HELD: Although there are two

pay. The probation was revoked for failure to comply. Went to the CA:

of the check.
o Art. 2202: for crimes and q-delicts liable for all natural and

unconstitutional because he is being imprisoned for nonpayment of

debt HELD: Wrong contention! Imprisoned for not complying for

probable consequences of the act or omission

Art 2204: liability may be increased or decreased depending on

aggravating or mitigating circumstances

2197 actual or compensatory, moral, exemplary, temperate,

nominal, etc.
104: reparation, restitution, indemnification for consequential

condition of probation, not for nonpayment.


Whether punishable by law or not. (Because it can be based on Ks, or

quasi-delicts). There may be victimless crimes or crimes with victims.

The moment the criminal action is instituted, the civil action is instituted

along with it.

Crimes defined by SPL can there be civil penalties?
o Yes. P v. Pajaro. But there must be evidence that a party,
including the government sustained substantial injury so that

the accused may be civilly liable.

If a crime is absorbed by another crime, can there be civil liability in the
absorbed crime, juridically speaking?

o 2200: not only value lost, but also lost profits
Moral damages
o Macalinaw v. Ong: includes physical suffering, besmirched
reputation, mental anguish, fright, serious anxiety, wounded

feelings, etc.
Under what circumstances may MD be recoverd?

Crimes leading to physical injuries

Includes death


Seduction abduction rape or other lascivious acts

Adultery concubinage

Illegal arbitrary detention, arrest, search

Libel slander defamation


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

Exemplary damages
o Art. 2229: exemplary or corrective damages imposed by

o Art. 2211: right now, 6%

Even with RA 9346, the classification of crimes as heinous and quasi-

way of example or correction. Intended to serve as deterrent to


serious wrong doings and vindication

When a crime has one or more ACs, exemplary damages may

be imposed
In criminal law, an AC not alleged in the information

heinous still remains (heinous: death; quasi-heinous: RP)

o If the crime is heinous:

75,000 indemnity

50,000 moral damages

o Quasi-heinous

50,000 indemnity

50,000 moral damages

cannot be considered. Does the same rule apply for ACs,

which can be the basis of exemplary damages under the

P v. Demape: word aggravating in NCC should be

applied in its generic sense since it does not
distinguish. Includes specific aggravating, qualifying

circumstances, etc. These are distinct and separate

Civil indemnity in rape and sexual assault

from penalty of fine in the RPC.

Even if not alleged in the complaint or information, if

proven = can lead to exemplary damages. The rule is


under the NCC and not the RPC, after all.

Even if treachery is a qualifying circumstance under AR 248, it
can be treated as a generic aggravating circumstance for the

purpose of imposing exemplary damages

P v. Gonzales: May exemplary damages be awarded in arson?

HELD: Yes. It is an anti-social act.

Relationship may be a basis for granting exemplary damages

even if it is an inherent element of the crime (ex. parricide)

Temperate damages
o Art 2224: it must be reasonable
o The heirs of a deceased in homicide, murder, parricide: entitled
to actual damages, as proved by requisite documentary
evidence. If the actual damages are not proved, the court may

prove temperate damages.

Attorneys fees
o Art 2228: must be reasonable

P v. Jalandoni: simple rape indemnity 50,000; moral damages 50,000

o No need to prove besmirched reputation, mental anguish etc.
It goes without saying already. REGARDLESS of sexual

preference, religious orientation, etc.. P v. Santiago

P v. Palma: Sexual assault (finger)
o 30,000 indemnity
o 30,000 moral damages
Raped three times:
o There must be a separate award for each crime.
o It cannot be one award for 150,000. There must be three
separate awards for 50,000 each.
General rule: for rape support child born out of rape. (Art. 345 in
every case)
o May the offender be compelled to give support to the child born
out of rape, although the woman is married?

US v. Hernandez: No, not if the woman is already

married. Dissent by Justice Regalado: compel
offender, provided that the paternity of the child to the


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

offender is established. (Basis: Art. 345 of RPC does

not distinguish)
But the offender cannot be obliged to acknowledge offspring in
adultery and concubinage, when the offended party is married

and paternity cannot be determined.

P v. Hapin: use of woman to rape a woman is aggravating even
o 25,000 damages
Acts of lasciviousness:
o 5,000 moral
o 2,000 exemplary for each count
Qualified rape:
o 75,000 indemnity
o 50,000 moral damages
Rape with homicide:
o 100,000 indemnity
o 50,000 moral damages
For moral damages on parricide, homicide, rape, etc. No need to allege
emotional suffering on information.
o But some cases say that in homicide or murder, there must be



Thus, the formula for the computation of unearned income is:







Life expectancy is determined in accordance with the formula:


[80 age of deceased]

Robbery with homicide:

o 50,000 indemnity

50,000 moral damages

Forcible abduction with rape (for each count):

proof that the heirs suffered emotional pain, suffering, etc. Ex.

if they are separated, then they dont feel anything.

Consummated homicide:
o 50,000 indemnity
o 50,000 moral damages
Frustrated homicide:
o 30,000 moral damages
Attempted homicide:
o 30,000 moral damages
o Moral v. P: 10,000 lang
In reckless imprudence resulting to homicide:
o Indemnity
o Moral damages

75,000 indemnity

50,000 moral damages

Kidnapping with rape:


100,000 for kidnapping

25,000 for moral damages

50,000 for slight illegal detention

Victim kidnapped was 8 years old:


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

50,000 indemnity

200,000 moral damages

100,000 exemplary damages because demand for ransom

was deemed an AC

Qualified carnapping:

50,000 moral

If he cannot prove actual value of actual damages, what

must one prove to be entitled to temperate damages?

Claimant need not prove actual amount, as long as

there is proof that there is loss.

Court may grant temperate damages, as long as

P v. Billaber: In a charge for illegal recruitment, the money paid by the
applicant (placement fee, etc.),
o 12% interest on the return of the amount paid from time of filing

75,000 indemnity

Art 105, 106 - restitution and reparation

of the case until the amount has been paid.

Palana v. P: The petition was convicted for BP 22. Ordered to pay to
offended party the amount of check with interest (6%) from filing of
information until the finality of the decision + 12% per annum from
finality of decision until the amount was paid.

Order to return ransom: because the father gave ransom to offender.
Basis: Art. 105 and 108 of the RPC.
What if a third person acquired a property that was subject of crime?
o Can still recover the item from that person
o But the buyer in GF is entitled to reimbursement from thief or
If the stolen property cannot be returned anymore, what is the
o Value of the thing taken.
o When do you determine value? At time of commission of
crime or upon order of return?

Rationale is to bring back the situation to before the

crime was committed. Value of the property in the

commission of the crime must be the basis.

What other liabilities aside from restitution and reparation?
o Under NCC, for one to be able to recover actual damages, he
must be able to prove by documentary evidence the actual
damages sustained by him


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo


by giving arms. Can there be accomplices or accessories in


treason? Or are they all principals?

o As long as you performed an overt act, there is a an act of


Is treason delito continuado?

o Delito continuado contemplates a series of acts committed over
time, but only instigated by a single criminal resolution.
Guinto v. De Luz; P v. Victoria: either a single or act, or a series

of acts impelled by one criminal intent.

How many ways can treason be done?
o 1. Levying war against the Philippines
o 2. Adhering to the enemy, by giving aid or comfort
DAquino v US:
o Was a dual citizen (US/Japanese), who worked in a radio show

treason already. There can be no accomplice or accessory in

that discouraged American troops and lowered their morale.

What is punished as an element of treason is unlicensed

adherence, not licensed adherence.

Kawakita v US:
o Was a dual citizen (US/Japanese) too.
o Sided with Japan in the war. But registering as a Japanese
citizen and gaining employment in Japan does not

notwithstanding Japanese occupation during the war. Their

loyalty must still remain with the Philippines.

14, and will just assess the crime, according to its barbarity.
Is treason a specific intent crime?
o Yes. The specific intent is to deliver the country to the enemy.
o If you dont intend to deliver the country to an enemy, then it is
mere rebellion
Aliens may also be guilty of treason. Under what circumstances?
o If they are residents of the Philippines, because as resident
aliens, they owe temporary allegiance to the Philippines. While

they are here, they are under the protection of the Philippines.
Treason is a war crime. Explain.
o It cannot be committed during time of peace. It may be
incubated during time of peace, but once war commences,

treason may blossom into a crime (only then).

Is there a complex crime of treason with rape, murder, etc.?
o No. It is a political crime, and thus absorbs these other
component acts. Remember P v. Hernandez, where there was
a heated SC discussion on the nature of political crimes.

prior renunciation of the American citizenship, and this was not

the crime of treason.

Are Articles 13 and 14 applicable to treason?
o No. The penalty does not depend on 13 or 14, but on the
nature of the crime committed. The SC will not apply 13 and

automatically revoke the dual-US citizenship.

Dual citizenship is not a defense. There must have been a

Laurel v. Misa:
o Philippine government was still the de jure government,

There are those who hid the principals in treason or helped them

These are essential elements of the crime of treason; without

these, treason could not be committed.

What do you mean by levying war? Is the mere assemblage of
armed men with capacity to overthrow the government enough?
Or is there a need to strike?
o Levying of war means an armed body of men, committing acts
of violence for purpose of overthrowing the government. Mere


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

conspiracy to overthrow is not enough. There must be an
actual assemblage of men for the purpose of executing
treasonous design by force. They must be in such a position

Philippines, he can be liable for treason, based on his temporary

that they may overthrow the government. It is not even

necessary that they be armed by high powered arms, but it is
enough that they constitute enough men to overthrow the

the realm of action.

o Does the mere act of Haut of letting his son stay in his
house constitute the overt act of giving aid and comfort?

not enough; the witnesses must be credible. Each witness must testify

there is a higher bar.

The offenders committed five overt acts. Must the prosecution
prove all five with two witnesses?
o No. They can prove even just one.
o But note that the witnesses must be credible.


those not present in the scene but playing just a small part are

considered principals.
This is the only provision in the RPC that is based on the constitution of
the US (Art 3, Sec 3), and not borrowed from Spain. This includes the

have witnesses prove each component.

If there is confession in open court, then no need for two witnesses.
P v. Perez: Getting women to satisfy sexual urges of enemy soldiers
not giving aid and comfort to the enemy.
o J Callejo disagrees. He thinks this is giving aid and comfort

Corpus Juris Secundum: Treason differs from other crimes, because all
persons are regarded as principals. Those aiding or abetting, or even

to the same overt act.

P v. Deguyo: if the acts are separable, there must be at least two
witnesses for each separable act.
o No need to have to prove the entire composite act; enough to

because treason is such a heavy crime, in order to prove it,

Yes. (The son here was aligned with Germany.)

US v. Kramer: Purpose of two-witness rule to prevent the possible
fabrication of evidence to prosecute a person. Quantity of witnesses is

There is difference in quantum of evidence to prove adherence and
to prove the overt act. Explain.
o Adherence may be proved by direct or circumstantial evidence.
o The overt act, however, must comply with the two-witness rule,

allegiance to the Philippines.

Haut v. US; requirement of overt act of giving aid or comfort is to make
sure that the crime of treason has moved from the realm of thought to

What is the second mode?
o 1. Adhering to enemy
o 2. For giving aid and comfort
o N.B. BOTH elements must concur. Without one, there is no
treason by the second mode. He must translate this to overt

o Testimony of two witnesses to the same overt act

o Or confession in open court
Laurel v. Misa: even if the alien is a mere temporary resident of the

to the enemy.
P v. Lozano: Sexual and social relations with Japanese soldiers do not
materially improve their war effort.
o Again, J Callejo disagrees.
Dillars v US: Aid and comfort may be made by speech.
Article 12 defenses APPLY. (Uncontrollable fear, etc.)
Treason absorbs common crimes. (Discussion above)
The ISL does not apply to treason. There is a specific provision.

need to either have:


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

P v. Nunez: But a minor who committed treason is still entitled to

privileged mitigating circumstance of minority.

Use of unlicensed firearms not aggravating.

o 1. Without authority, entering warship, fort, etc. to obtain


Conspiracy or proposal to commit treason is a crime in itself.

But if they actually commit treason, these crimes lose their juridical

personality and become mere modes.

Conspiracy and proposal to commit treason MAY be committed during
time of peace.


Felony by omission.
o 1. Aware of plan to commit treason;
o 2. Fails to report it to governor/mayor or fiscal
Gravamen of crime; WILLFUL or MALICIOUS concealment. It is a

crime by dolo.
How much time? Depends on circumstances.
ONLY committed by Filipinos, not a foreigner. Thus, dual citizens, who

are foreigners too, may NOT be liable for misprision of treason.

Likewise, the two-witness rule does not apply
Misprision of treason is different from being an accessory-after-the-fact.


2. Seizing the vessel in the vessel whole/part of its cargo,
equipment, or personal belongings or complement or


While in the high seas/Phil. waters

The offenders must not be members of the complement or passengers
MUTINY is also punished only committed by crew or passengers
o unlawful resistance to superior officer
o or raising commotions and disturbances on board
Qualifying circumstances:
o 1. Seized a vessel by boarding or firing upon it
o 2. Pirates abandoned victims without means to save
o 3. Attended by murder, homicide, PI, or rape
P v. Tulin: RA 7659 merely expanded Arts 122 and 123, but under PD
532, there can be a separate crime of Piracy in Phil. waters or high seas

is still a principal of misprision of treason.


Two modes of committing piracy:

o 1. Attacking or seizing a vessel on high seas or Philippine

statement is based on a UK case)

Punished two degrees lower than treason, since the person who
committed misprision is punished as an accessory to treason. But he

and disclosing them to foreign representative

First mode: as long as there is intent; no need to actually obtain
Can be committed even in time of peace

PIRACY (122-3)

The latter hides the principal. Misprision hides the conspiracy.

o (Note though: there are no accessories in treason. This

information, etc. of confidential nature

Relating to national defense

2. Possessing by reason of public office the information, etc.

from piracy in Phil. waters or high seas in Arts 122 and 123.
How to distinguish: P v. Puno

J. Callejo: Just study this.


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo


PD 532 one must prove that the perpetrators were purposely

them to be liable under Art 122 or 123 they must not be part of the

indiscriminate commissions thereof. There must be evidence

crew or complement.
o If they are passengers or crew members, the act is ROBBERY

of similar attempts or takings before.

P v. Sandoval Reiterated the several indiscriminate

123 or 293, 294 (robbery).

Piracy on the high seas:
o P v. Lollo: Crime against the law of nations.
o Piracy on high seas has two aspects:

1. Violation of common right of nations

2. Criminal liability of the pirates may be imposed by

municipal law of the country, where found
Arts 122, 123:
o Makes mention of complement of vessel. Who are these?

Under Art 648 of the Code on Commerce: All


persons on board, from the captain to the cabin boy

Par. 3 of 123 physical injuries, murder, rape qualify the crime.

must be used in its generic term.

For these common crimes to be an element of piracy, they

crime of piracy. It is a single, indivisible offense. Do not apply

o High seas: all parts of the sea not included in the EEZ
o EEZ: not extend beyond 200 nautical miles from shoreline
RA 9372 terrorism law
o Piracy in Phil. waters or high seas are predicate crimes of
in the population, then terrorism is committed, with these as

predicate crimes.
PD 532 defines a vessel:
o To transfer passengers or cargo
o Includes boats for fishing
P v. Catantan: There is crime under PD 532 even if offender did not
seize the vessel, but merely boarded it and inflicted PI on the occupant

or owner.
RA 6235 aircraft hijacking is a predicate crime for terrorism under RA
9372 too.

must accompany the crime of piracy. There is no complex

crime of piracy with rape, or murder, or PI. There is only one

under the RPC Arts 293, 294.

Philippine waters is defined differently in PD 532, from that in the

terrorism. If these are committed for purpose of sowing terror

Physical injuries include frustrated or attempted homicide. It


Taking of the implements or cargo of the vessel or the passengers, for

organized not just for one act of robbery, but several

commissions doctrine above. If there is only one, either 122,


Art 48.
EVEN IF a lot of people died or were raped, there is still one


crime of piracy.
But if these crimes were committed after the piracy has been


committed, they become separate crimes.

RA 8294 even if they used unlicensed arms or explosives,
there is no violation of this statute.

Astorga v. P: Elements of arbitrary detention

o 1. Offender is public officer or employee
o 2. Detains person
o 3. Without legal grounds
What is gravamen of the crime?
o Detention without legal grounds by public officer or employee,
of another person.


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

How do you distinguish this from kidnapping?

o Arbitrary detention: public officer or employee vested with
authority to arrest or detain another person, but detains another

without any lawful cause.

Kidnapping: offender is a private person and the purpose is to

deprive the victim of his or her liberty.

Who are liable for arbitrary detention:
o Public officers or employees authorized to detain another

jurisdiction, in their respective barangays. If they arrest

are composed of civilian volunteers. Under EO 264, they MAY

may arrest violators.

Forest officers or employees of bureau of forest management

they do not even need a warrant of arrest to arrest.

Sec. 44 of RA 9165 Dangerous Drugs Law
o School heads, supervisors, teachers: they are persons of

whatever length of time. (Ex. keeping a child in the room, while


official school activity

May a private person be liable for arbitrary detention?

sinisindak mo siya with a big gun.)

Astorga v. P: Fear has been known to make people immobile.
This includes threats to kill, and similar threats. This is

equivalent to using actual physical force to detain.

Take note of circumstances where people can be arrested without a
warrant (in flagrante delicto, etc.)
o Usual cause of Arbitrary Detention charge is arresting a person

without warrant.
Ex. a person evading his sentence may be arrested on the run
without a warrant, because he is committing an offense in

flagrante delicto.
David v. Arroyo: Mere fact that the accused was wearing a t-shirt saying
oust Gloria now is not a reason in itself to be arrested for inciting to

P v. Lozada: Hot pursuit based on actual facts, with the use of the
senses of the policemen, with reasonable basis to believe that the

authority, for the purpose of enforcing the Dangerous Drugs

Law within school premises or outside school premises in an

arrest. So they can be liable for arbitrary detention.

What do you mean by detention?
o P v. Oliva: Psychological restraint, and not just physical
restraint is enough for this provision, in whatever form, for

beyond their barangay, they are NOT persons in authority

under this provision.
Art. 152
o Barangay captain
o Barangay councilman
o Barrio policeman
What about Forestry Code?
o District foresters are authorized to enforce Forestry Code and

person in authority.
How about the CAFGU. Are they persons in authority?
o Yes. P v. Flores: They are authorized to carry firearms, to
complement the operations of the regular force of PNP; they

o Ex. PNP, NBI, even judges acting in official capacity
Milo v. Salangga: Sec 338 of LGC who are persons in authority, or
agents of persons in authority authorized to detain:
o Punong barangay
o Members of sangguniang barangay
o Members of lupong tagapamayapa
o N.B. They are persons of authority but limited to their

Yes. US v. Ponte: if the private individual connives with the

person arrested is the author of the crime, etc.

RA 9372 terrorism
o May a person be arrested for act of terrorism, and for how
long must the arrested person be detained? Three days.
Arbitrary detention may be committed by dolo or culpa.


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo


Ex. Re-arresting a person who was released by means of order

of the court.
May there be a complex crime of arbitrary detention with PI?
o Yes. This happens when there is excessive force in the arrest.
The period provided in Art 124 are NOT essential elements of the crime.

These just provide a guide for calculating the sentence.

Need not ACTUALLY be convicted as having committed a crime


NOT what the crime actually turned out to be.

What is delivery to judicial authorities?
o Means constructive delivery, which is time the appropriate
complaint or information is filed, with the court for appropriate

enough that the nature of his deed, and how the officer at the moment
characterized the act.


judicial proceedings.
NOTE: Not a PI.
Soria v. Desierto: delivery of arrestee to judicial authorities


MTC, RTC, Family Court, Sandiganbayan

Not to the CA, not to the SC. They are not trial courts.
If there was no warrant of arrest or commitment order, but



o 1. Offender is public officer or employee
o 2. Detained a person legally
o 3. Fails to deliver person to proper judicial authorities within
proper time period
RA 9372 what are the duties of those conducting custodial
o More expansive than duties in RA 7438. [Check]
o Before detaining a person after warrantless arrest, he MUST
first deliver the person to the nearest office OR RESIDENCE of

How do you determine the imposable penalty?
o 12 hours light

the information or complaint was filed is there delivery?

Take note of rules on inquest, under Criminal Pro. Art. 125 talks about
those LAWFULLY arrested, but there was no immediate delivery to the
o The inquest must be terminated within period stated in Art.

125. Or else, kawawa yung policeman.

Alvior v. Auguis: [Context: before, the MTC may still conduct PI, but now
they cannot under the amended ROC.] The person was lawfully

a judge, so judge can:

Ascertain identity of officer and arrested person

Determine circumstances behind arrest

Check for torture, or other abuses

Then, the judge delivers within 3 days to nearest court with

jurisdiction his report

Does the law apply to crimes defined by SPL?
o Depends, if the penalties used follow the nomenclature of the

18 hours correctional
36 hours afflictive
BASIS: what crime as it appears to the arresting officer, and

arrested then delivered to MTC, but the judge was not there. The
arresting officer did not release the detainee. He just delivered to the
clerk of court. HELD: Liable for failure to deliver, because the clerk
cannot conduct PI anyway and the judge was not there.
o Note: If the case is cognizable by the OMB or Sandiganbayan
there is agreement between OMB and DOJ, where the DOJ

can conduct PI but they have to submit findings to the OMB.

Art. 12, par. 7 applies as defense. There can be defense of insuperable

cause for delay in delivery.

RA 9372: Art. 125 has been amended. [Take note]


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo


The period for lawful detention prior to reporting is maximum

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

amounts to ILLEGAL DETENTION, not arbitrary detention.

Art. 125 only applies to warrantless arrests.
Failure of officer to comply with Art. 125 does not affect the legality of

o Yes. Sec. 10. The court may require the probationer to reside
in a place designated by court, and may not change residence

without prior notice.

Marcos v. Manglapus: Heirs of the late President Marcos are barred

from returning to the Philippines.

With respect to aliens, with respect to the Deportation Board, the

President has the power to deport aliens.

If the Philippines has an extradition treaty with another country, may

the confinement.

Another crime by omission (Art. 126). Officer delays release of arrested

person (either convict or detention prisoner) beyond period provided.
Proceedings mentioned in the article: petition for habeas corpus
o Heads of jail or penal establishment
o Custodial guards
Who may order release of prisoner?
o Either the courts or the prosecutor, or the director of Bureau of
Same penalty as 124, because failure to release is tantamount to

compel a person in the Philippines to be deported and extradited to that

Can only be done by public officers or employees.

o If NOT authorized, then the crime is trespass to dwelling.
To be liable: must use force, violence, or other measures to compel
another to change his residence against his will
Relate to RA 9165, Sec. 31:
o In addition to the penalty provided for in the DDA, any alien

other country.
RA 9372 one charged with terrorism may be granted bail, but placed
under house arrest under usual place of residence until further order of


May be violated through 3 modes:

o 1. Entered dwelling
o 2. Searched without consent
o 3. Entered and refused to leave
If all three modes are committed, there is still just ONE CRIME

committed. US v. Dorr
May only be committed by public officers or employees with authority to

arrest, or to seize property of another.

Is it possible that the consent of the owner of the house is denied

arbitrary detention.

Under Probation Law: may the person be compelled to change his

impliedly, and not expressly?

o Yes. It may be implied or express, in spite of the laws

who violates the provision must be deported immediately


without further proceedings, except if the penalty is death

(although no more DP under RA 9346)

language (without the previous consent of such owner)

US v. Panes: if entry is made through a way not intended for

ingress, there is entry against will of owner denial is implied

Owner: does this include lessee of the house?
o Yes.

Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo


Arevalo v. Hilatan: Residence under this provision is the place

where the person is habitually present; and from where he

in the enforcement, the officer EXCEEDED his authority.

o United Laboratories: the search warrant described property to

departs and intends to return.

Art. 128 does not apply to public officer or employee who entered
dwelling of another in hot pursuit.


obtains maliciously a search warrant by submitting a perjurious affidavit

P v. Dela Pea: If the officer applied for search warrant without probable

searches in domicile

Only committed by public officers. If done by a private person, it is

disturbance of public order.

1. Prohibiting/interrupting/dissolving peaceful meeting without

cause, and uses the warrant to extort money. Is the police officer liable
for malicious procurement?
o Yes. Because he was not acting in GF. There was malice.
o If the policeman applied for a warrant in GF, but it was denied,

turning knob, etc.

Art. 129 does not apply to searches made by employees of Bureau of
Code, in enforcement of customs law.
o Papa v. Mango: BOC officials do not possess authority to do

of malicious search warrant

Basis of this statement is the phrase in addition to the liability
attaching to the offender for the commission of any other

Breakage: includes lifting latch, unlocking chair or hatch,

Customs, because authority is based on Art. 2203 of Tariff and Customs

or deposition
o There are TWO crimes committed: 1. Perjury, 2. Procurement

P v. Hua: Office may break open the door, if he is refused entry upon
knocking and identifying himself as an officer.
o Knock and announce rule in warrants, BEFORE breaking a

Acts punishable:
o 1. Procuring search warrant without just cause
o 2. Exceeding authority or using unnecessary severity in
executing legal search warrant
Remember: 129 is an EXCEPTION to Art. 48. When a public officer

be seized, but the items seized were not in the warrant.

EXCEPTION: plain view ex. seeing drugs out in the open
may be seized. But if not in plain view, he exceeded his



There is also a crime when a search warrant was lawfully obtained, BUT

there is no crime committed.

If officer knew deposition was false, but still submitted it to obtain

legal ground
2. Hindering persons from joining lawful association or
preventing them from attending
3. Prohibiting or hindering persons from petitioning to

warrant, there are two crimes:

o 1. Procurement of malicious search warrant
o 2. Art. 184 offering false testimony in evidence
The one who made the deposition knew it was false, but still came up

with deposition: liable for perjury

authorities for correction of abuses or grievances

Must be done by a stranger to the meeting. If done by a member of the

meeting, it is unjust vexation

If the meeting is not peaceful, it can be broken up


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo


Interruption of religious worship

Offending religious feelings


Rebellion is a crime against public order. What about terrorism?

o It is a crime against national security and the law of nations.
o There can be a crime of international terrorism; it a crime much

would help sow public disorder.)

But what about rebellion?
o Rape is absorbed in rebellion.
What about murder in coup detat?
o It can be absorbed, because it helps further the intent.
Why is rebellion a predicate crime of terrorism?
o Because committing rebellion can sow widespread fear.
o In the same way, murder is a predicate crime, because multiple
murders or maybe murdering one key person like the President

like international piracy, where anyone may capture the

suspected terrorist anywhere.
Can there be terrorism complexed with rebellion?
o No. Rebellion is simply a predicate crime of terrorism.
What is the main difference between terrorism and rebellion?
o For terrorism, there must be widespread panic and fear; and

Suppose they commit rape. Is rape absorbed by coup detat?

o It cannot be absorbed, because it does not help forward the
power of diminishing power (unlike in rebellion, where rape


could cause widespread panic or fear.

Is rebellion a continuing crime?
o Yes.
Is conspiracy to commit rebellion a continuing crime?
o Mike: No. One two or more people come to an agreement to
commit a crime, and decide to commit it, the crime is

there must be an unlawful demand against the government.

NOTE: terrorism is a specific intent crime, as with


rebellion so there is a difference in the

In contrast, rebellion is merely a crime against public order.
Objectives: 1) remove allegiance to government of the Phil.
Territory or any part; 2) or deprive Chief Executive or legislative

of powers/prerogatives
What about coup detat? It is a crime against public order too.
o Again, it is a specific intent crime so the difference lies in the

consummated, even if the purpose is not achieved.

There can be attempted coup detat, but not frustrated.

But it is, according to Omil v. Ramos. Oh well.


It is to diminish inherent powers of the State (taxation, eminent

domain, police power)

Is there a frustrated crime of coup detat?
o No. The moment there is intent + swift attack, the crime is

Art. 134 of RPC: distinguish rebellion from insurrection

o Rebellion overthrow government and supersede
o Insurrection minor change as to certain maters in
government or to prevent exercise of government authority as

to certain matters
P v. Hernandez rebellion is a vast movement of people; involving
o Any part of the country; or whole country
o Can be private or public individuals

Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

Omil v. Ramos SC declared that rebellion is by nature, a continuing

offense, which differentiates it from other offenses. It may be committed
by a single or a series of acts for achieving any or all of the purposes
stated in the RPC provision. Insurrection and rebellion are both political

Terrorism is different because the purpose is to achieve the illegal


Acceptance of public position or continuing to discharge functions

Motive of public officer is immaterial; whether it is gratuitous or not
But if he commits overt acts of rebellion (for example, he continues
discharging his office and he commits murder or malversation to help

demand on the government. It may be political, it may not it may be

purely monetary.
For rebellion to exist there must be intent + overt acts.
May there be frustrated rebellion?
o No. When the intent + overt acts are present, the crime is
consummated. There is no need to achieve the goal.
o Likewise, no frustrated coup detat.
o No need for actual clash
US v. Vergara mere membership in CPP is not rebellion. But being a
member of the NPA, the military arm of the CPP, constitutes rebellion.
Common crimes are absorbed by the political crime.
o But even if the common crime is absorbed by the political
crime, there may be civil liability for these predicate crimes.

resist the rebellion within ones powers

o May invoke Art. 12 fear, force, etc.

Writings or speech must be done with intent to induce the readers or

listeners to commit rebellion or insurrection

If the listeners are not incited, they are not guilty of any crime. But the

person speaking is guilty for inciting.

But if the listeners are incited to commit rebellion, all of them, including
the inciter, are ALL principals for the crime of rebellion
o Inciter PDI
o Listeners PDP

The liability under the NCC is apart from liabilities in the RPC.
No more crime of subversion.


Also a political crime

Intent is to diminish State power (eminent domain, taxation, police

Modes: violence, intimidation, threat, strategy, stealth + swift attack
Does not absorb all common crimes (ex. Rape is not absorbed)
Omil v. Ramos: conspiracy to commit rebellion or coup detat is a

continuing crime
o Believe it or not, according to J. Callejo
Use of explosives is absorbed by coup detat (RA 8294)

the rebels), then the crime becomes rebellion, not disloyalty

One may be liable for crime of omission under this provision: failing to


Key term: publicly and tumultuously

o 1. Prevent promulgation or execution of and law, or holding of

popular election
2. Prevent National, provincial, or municipal government or

officer from exercising functions or preventing execution of AO

3. Inflict act of hate/revenge upon person or property of public
officer or employee


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo


4. Commit act of hate/revenge against private persons or social

class, for political or social end

5. Despoil any person, municipality, or province, or National

those committing sedition are these absorbed?

o NO!!! They are not absorbed.
o Neither are these complexed. DO NOT apply Art. 48
o The re are separate and independent crimes
o Ex. P v. Cabrera- guilty of sedition, and murder as separate

Government of all its property or part thereof, for political or

social end
Sedition is the raising of commotion or disturbance in the state; revolt

against legitimate authority, public corporation, social classes, etc.

Ultimate objective: violation of the public peace
P v. Camlon: Sedition is a crime against public order and the tranquility

of the general public

What laws are included in par. 1?
o Laws in general, even political in nature, as well as civil and

criminal laws; ordinances of municipal or provincial boards

Who are the officers included in par. 2?
o Includes judges and justices, and constitutional officers;

municipal council, provincial government or board

BUT NOT barangay officials or council
BUT they are included in par. 3

In both rebellion and sedition, there is a public uprising.

o Rebellion to achieve political purpose, they take up arms
o Sedition as long as tumultuous; they do not take up arms,
because they do not intend to overthrow the government
Lig v. P what is tumultuously?
o Full of public commotion, or uproar.
o Essence: intent + tumultuous uprising
P v. Mendoza: when is there public uprising?
o Tumultuous public uprising more than three persons who
are armed participating therein
What are crimes of hate/revenge in the law?
o Crimes against persons (murder, etc.)
o Crimes against property (arson)
o Victim may be private or public officials, whether of national or
local government

What about crimes of murder, homicide, PI, arson, committed by

There can be a complex crime of Sedition and Art. 143/144 (prevention

of meeting of board/Congress)
Again, the crime is consummated upon concurrence of intent + overt


No crime of proposal to commit sedition; just conspiracy


Phil. Journalists v. Lee Freedom of speech does not protect inciting to

Punishable acts:
1. Inciting others to commit acts of sedition
2. Uttering seditious words or speeches tending to disturb

public peace
3. Writing, publishing, circulating scurrilous libels and

government or authorities tending to disturb public peace

For #2 and 3, no need to have any of the enumerated purposes
Concealing such evil practices is NOT an act of an accessory in this
case, but an act of a principal.


Meeting of barangay council is not included here

Liable for grave coercion under Art. 286
May be committed by public officers or employees

Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo


Offender must NOT be a member of the body disturbed; he must be a

stranger to the deliberative body

If they commit crimes of violence like homicide to disturb the meeting,

there CAN be a complex crime under Art. 48

Barangay council meeting not covered by this provision


Amended by 1987 constitution. Parliamentary immunity only applies up

to prision correctional.
If a congressman is in possession of low-caliber gun, he is protected

(since this is up to 6 years only)

But if the gun is high caliber, he is not immune (this is prision mayor)
They are also immune from searches under this provision. But it is not

2. Meeting where audience is incited to commit treason,

rebellion, insurrection, sedition, or direct assault

Whether armed or not

Under the first form, a meeting with presence of an armed person
to achieve a crime in the RPC is proscribed. If they ACTUALLY
commit the crime, what happens to illegal assembly?
o It loses its juridical existence. It becomes a mere preparatory

Second form is a point of disagreement.
o Second form: the audience or assembly is incited to commit
rebellion, treason, insurrection, sedition, or assault upon

in the Constitution. In the deliberations for the Constitution Commission,

searches do not prevent their functions. So the Constitution does not
protect searches.

person of authority or his agents

All authors agree that inciting to commit such crime is an
element of the second form
But there is disagreement as to the liability of the inciter:

Some say the crime is inciting to rebellion or sedition

BUT the problem is, it is an element of Art. 146, so


how can one commit inciting to rebellion or sedition?

J. Callejos opinion:

If the inciter is NOT a member of the

assembly (an outsider) he is liable for

Who are the leaders or organizers of illegal assemblies?

o May be determined by their speeches, publications, pamphlets,

has two options:

o 1. Charge with illegal assembly
o OR 2. Inciting to rebellion or

banners, leaflets indicating roles and responsibilities

If there is one with an unlicensed firearm, and he attended an illegal
assembly, is he liable for RA 8294?
o No, because he is committing another crime. So he cannot be

guilty of violating RA 8294.

Two forms:
o 1. Meeting conducted for the purpose of committing any crime
punishable under RPC

AND there were armed persons

If the inciter is a member the government


Two types of illegal associations:

o 1. Totally or partially organized to commit any of the crimes in
the RPC


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo


2. Totally or partially organized for some purpose contrary to

public morals
What is public morality?
o Estrada v. Escritor: those which are detrimental or dangerous
to conditions helpful for the advancement of society
o NOT religious morality, but secular morality
RA 9208 Law against trafficking or women or children
o Also punishes association organized to propagate or promote


immoral doctrines, obscene publications or shows, sex tourism,

sexual exploitation, pornography

Anti-terrorism law RA 9372
o Sec. 17 Public officers may petition that an association may be

Intended to protect those exercising official functions and to guarantee

dignity and authority
It is a FORMAL CRIME. It is not a material crime.
o There can be no frustrated direct assault.
o It is consummation when a person of authority is attacked with
force or met with serious intimidation or resistance
o 1. Without public uprising, use force/intimidation to attain any of

the purposes in rebellion or sedition

2. Attack, use force, seriously intimidate, or resist a PIA or any

of his agents

While in the performance of duties

First form rarely occurs (without public uprising, employ force,

intimidation, resistance to achieve purpose of rebellion or sedition)

Second form is more common (seriously intimidate or resist any PIA or
agent in performance of official duty)
o Who may be liable in second form?

or the use force, which only requires a laying of hands

Is motive important? Sarsipuedes v. P
o For second form, motive is not important
o For first form, when one is not performing his duty, then motive
comes into play
If a public officer goes into a locality to solemnize a marriage, then

solemnizing the marriage, the going back is part of his official


person in authority
Crime may be committed when PIA or agent is performing duty
Seriously qualifies only intimidate and resist but not attack

he is going back to his office. He is assaulted. Is it direct assault?

o Yes. When he is going back to his public office after

declared as one composed of those conspiring to commit


Private individual, person in authority, or agent of

If a mayor is attacked for past performance of duty, is it direct

o Yes.
Attacked barangay kagawad, but hit the barangay chief tanod who
was just sitting around. Is it direct assault?
o P v. Recto: No. He is not performing his duty at the time he

was killed.
The person MUST be aware that the person is a PIA or an agent
thereof. P v. Reyin
o P v. Alviar: Changed the rule a bit:


that the person assaulted is a PIA or an agent

P v. Villasenor: An officer in civilian clothes was committing
surveillance in public market. Was there direct assault?
o No. Because the accused did not know that the accused was

a police officer who was on 24 hour duty.

o And the accused killed the victim on a personal grudge.
so what does ought to have known mean then?
o J. Callejo does not agree with Reyes who says that there is
presumption that people know who PIAs are.

Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

o But for very popular officials like Mancao, people ought to know
Agent includes:
o Police, municipal treasurer (since he is only a deputy ex-officio

force the law requires, since the law itself defines the force by

of the provincial treasurer), postmaster, rural policemean,

sheriff, agents of BIR, Malacanang confidential agent

Husto v. CA
o Husto is an academic supervisor. The victim is an academic

supervisor too; the latter wanted to transfer a favorite teacher to

Poblacion. Husto disagreed. They agreed to fight. They were
just about to go out, Husto could not wait; he grabbed an

ashtray and smashed it against the others head.

Defense of Husto: there is no Direct Assault because they

agreed to fight
o SC It was direct assault because they did not fight outside
P v. Fook
o Fook, a Chinese person, went to the Philippines. He got body

searched immigration. He passed. He went back cause he


forgot something. He got body searched again. He got pissed.

Fook resisted. He was charged for direct assault.
SC No direct assault. The PIA or his agent who exceeds his
power is NOT in the exercise of the functions of his office.
Here, they body searched Fook TWICE, which is beyond the

scope of duty.
Resistance is legitimate against exceeding authority of PIA or
agent. How much resistance can be done depends on the

extent of excess of authority.

What is lay a hand?
o P v. Monzon, P v. Garcia: To inflict upon PIA or agent a
physical attack; holding; shoving; etc. with intent to cause

evil or injury
US v. Gamban when a person lays a hand over PIA, the
crime is direct assault. It is not necessary to ascertain what

providing the term laying a hand.

When is force or intimidation sufficient?
o Depending on circumstances of the particular event.
In the following cases, there was direct assault:
o Accused punched a police officer several times
o Accused struck police officer with pen knife and wounded him
o Accused tried to stab the police officer but he missed still DA
o Accused struck judge with dagger, after the judge convicted
him of theft
Qualified when:
o 1. Committed with a weapon
o 2. Offender is public officer or employee
o 3. Offender lays hands upon PIA
If committed with a weapon:
o QUALIFIED direct assault (special aggravating circumstance;

cannot be offset by generic MC)

Not enough to merely carry a weapon. He must use the

weapon to assault the victim.

Mere aiming of a gun to a PIA qualified direct assault

because there is intimidation, with use of weapon

RA75, sec. 7 (Assault of diplomat) Special crime
o A crime is committed by any person who assaults, strikes, or
wounds a public minister or ambassador, contrary to law of

There can be a complex crime of direct assault with another felony. But
if direct assault is committed and ONLY slight PI results, there is just the

crime of direct assault.

A mayor is on the way home or on the way to the office. The
accused robbed the mayor and killed him. What is crime?
o Robbery with homicide. The direct assault is absorbed by
Robbery with homicide, which absorbs crimes committed
pursuant to such.


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

P v. Ladjalaam Fired SMG against police officers serving warrant

Direct assault with multiple attempted homicide

How do you reconcile this provision with Art 265, which provides a

agent of a PIA. If he himself is attacked, then he

becomes an agent of a PIA becomes direct

distinct penalty if the victim is a PIA?

o Art. 265 If there are less serious PI, the crime is less serious

PI. The PIA must not be performing his duties when the less
serious PI are inflicted, or it is not by reason of past

performance of duty.
Art 48 Direct assault with less serious PI if the PIA is in
performance of his duty or is attacked for past performance of

Can there be complex crime of DA with serious disturbance under Art.

Villanueva v. Ortiz: Yes. If election inspectors or watchers are

holding a meeting to canvass, and they were assaulted,
causing serious disturbance: there is a complex crime of direct

take into account RA 1978:

exempt from powers of inquiry

If President does not agree with attendance of members of
Executive, they cannot be compelled to answer queries of

Guevara and Reyes: WRONG about this

Said there is indirect assault if there is a person going
J Callejo agrees with Regalado: Guevara and Reyes did not

authorized to summon witnesses

2. Refusing to be sworn in
3. Refusing to answer legal inquiry or produce documents
4. Restraining another from attending as a witness therein
5. Inducing disobedience to summons or refusal to be sworn in

(#1 or 2)
Relate to Senate v. Ermita: EO 464 case.
o The President of the Philippines and members of SC are

There is disagreement again as to this provision.

to the aid of PIA or agent, and that person is himself

Acts punished:
o 1. Refusal to obey summons of Congress, or any commission

coming to the aid of the agent


PIAs when performing their duties

For one not to be liable for resistance, the resistance must be co-


o 1. There is direct assault against an agent of a person in

comes to the aid of the agent of the PIA.

Lawyers and teachers can be PIAs
o Result with RA 9165 (DDAs) teachers and professors are

excess or abuse


authority (under Art. 148)

2. A person came to the aid of the agent
3. The offender uses force or intimidation against such person

There is only indirect assault if the private person

extensive with the excess of authority, and just sufficient to repel the

assault with serious disturbance

Agent One who goes the aid of a PIA becomes an

Relate to Sec. 35 of RA 9372
o Any information secured in violation of anti-terrorism law is
inadmissible in evidence in any judicial, QJ, legislative, or
admin functions


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo


Relate to Art. 131.

For policemen to be guilty under 131, the person must be a stranger to

the meeting.
David v. Arroyo the policemen should not have acted precipitately in

imminent danger posed against the public interest

KMP v. Ermita
o There is need for permit in a rally (BP 880)

When can permit be denied?

Again, Clear and Present Danger test of

substantive evil, with imminent danger posed


against public interest

But for freedom parks, there is no need for a permit
Calibrated preemptive response maximum tolerance


Distinguish 131 (Prohibition, interruption, or dissolution of

peaceful meetings) from 153?
o 131

Disturbance is caused by a public officer not part of

the peaceful assembly

So if he is part of the assembly, it can be

153 (first mode)

Serious disturbance in a public place, office or

Can be committed by a public officer part of the

Can be committed by one not part of the gathering
Can be committed by private OR public officers
Excludes peaceable assembly under Art. 131 (so just

normal gatherings)
What is the nature of the crimes?
o 131 crime against the fundamental law of the State
o 153 crime against public order

So this really is just for normal gatherings, and not

one subject to fundamental rights
Distinguish 153 from 155 (Alarms and scandals)?
o In both cases, there are both disturbances
o 153 causing of public disturbance, and the offender had the
intention to cause such serious disturbance

Cannot be created by culpa

o 155 not serious
How do you determine if the disturbance is serious or not?
o Look at the place, and the facts and circumstances
surrounding the causing of disturbance, and effect to people at

that time
The locus of the crime is determinative of its nature. What do you
mean by this?
o The place where it is committed. Public place those which

under 153

seriously disturb)
153 (second mode)

Interrupt or disturb public performances, functions,

arresting. They must take into account right to assembly peaceably.

o What are the limits to right of assembly? What is the test?
Clear and present danger of substantive evil, with

Cannot be committed by culpa (since there is intent to

are open to all, as distinguished from domiciles.

What kind of disturbance must be caused in 153?
o Serious. Otherwise, it will be alarms or scandals under 155.
Under second mode, what are the elements?
o 1. There is public performance or function
o 2. There is disturbance caused


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

Suppose someone disturbs court proceedings, is it covered by the

second mode?
o Can be charged with Art. 153, because these are open to the

o So this covers proceedings, such as those by the COMELEC.
Under the second mode of 153, this does not include religious

assembly under 132.

There is a presumption under law of tumultuous disturbance.

What is this?
o Caused by more than 3 armed men.
If there is actually a tumultuous disturbance, does the presumption

need to apply?
o No need for the presumption.
In the causation of a serious public disturbance, there is SPI or

single act. (Disturbed COMELEC proceeding.)

Villanueva v. Ortiz there was serious disturbance complexed

with direct assault.

If there are two modes done, is there a complex crime?
o No, there is just one crime, notwithstanding multiple modes.
This provision will apply even in a judicial proceeding. Can you

cite to me a decision which supports this stand?

o P v. Adugan the function of proceeding under the second

mode includes judicial proceedings.

P v. ?, junior Public rally of INC, and there was serious
disturbance. Is this covered by 132 or 153?

No. This is not a religious ceremony, but a rally (Art.

Distinguish inciting to rebellion/sedition from Art. 153 (tending to
incite rebellion/sedition)?
o Intent controls. For inciting, there has to be intent in the first

place. For 153, theres just tendency to incite.

Does the burying with pomp provision still apply?


3. Making outcry tending to incite rebellion or sedition
4. Displaying placards or emblems which provoke disturbance

of public place
[5. Burying with pomp not applicable]


damage to property. Do you apply Art. 48?

o Yes; there are two grave or less grave felonies committed in a

o No, in light of RA 9346, there is nobody executed.

Acts punished as tumults/other disturbances of public order:
o 1. Serious disturbance in public place
o 2. Interrupting or disturbing gatherings (not included in 131 or

Acts punished:
o 1. Discharging firearm, rocket, firecracker, or explosive within

any town or public place

2. Charivari or disorderly meetings
3. Disturbing public peace while wandering at night or engaged

in nocturnal amusements
4. Causing disturbance or scandal while intoxicated while 153

is n/a
Is Alarms and Scandals a specific intent crime?
o No. It is the result, not the intent that controls.
o Calculated to cause alarm or danger is an erroneous

If there is discharge of firearm but there is no alarm caused,

then there is no crime under Art. 155.

If the firearm is unlicensed, can one be convicted under RA 8294?
o No. If there is another crime committed (155 here), one cannot
be liable for RA 8294.


What is punished:
o Any person removes from jail or penal establishment and
person confined therein

Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

OR helps him escape by violence, intimidation, or bribery
OR through other means

Lower penalty
o OR taking guards by surprise outside the establishment

Lowest penalty
Delivery of prisoners
o Applies to BOTH detention prisoners and convicted
Is the delivery of prisoners a principal or accomplice?
o Principal under Art 156
If the person is a convict, is there a crime when he escapes?
o Yes. Evasion of sentence.
If the person is a detention prisoner, is there a crime?
o No. He is presumed innocent.
Is there a crime of frustrated delivery from jail?
o No.
May they be an attempt?
o Yes.
When is the crime consummated?
o The moment he steps out of the building where the cell is,

o Yes, if he was off-duty.

If a person delivered a prisoner, and the prisoner had a change of

heart and decided to return, is the principal for delivery still liable?
o Yes.
If the prisoner who escapes is a detention prisoner, and he is
convicted later on for the crime for which he was detained, is he

entitled to ISL?
o ???
Is there a provision in the Anti-terrorism law that punishes a
custodian who lets his prisoner escape?
o Sec. 44.
o Can this be committed by culpa?

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

is inexcusable negligence.
If the detention prisoner is charged with parricide, and the person
delivered him, can not the person be charged as accessory under
Art. 19?
o Yes. The law provides that a person who helps escape a
person who committed parricide, murder, treason, escape, he

however brief it may be.

If a mental retardate is transferred to a hospital, from jail, and he is
delivered, is there a crime of delivery from jail?
o Yes. The hospital is an extension of prison.
If a person is in his house, can there be delivery?
o Yes. Because if under arresto menor, there can be house
Who may be liable for delivery?
o 1. Those helping a co-prisoner
o 2. Employees of penal establishment, if without custody of the

If he has custody, the crime is infidelity in the custody

of prisoners
o 3. Private person
Is it possible that a person with custody of a prisoner is liable for
delivery of prisoners and not infidelity?

can be an accessory under Art. 19 to parricide, murder, etc.

So what applies now, Art. 19 or 156?

Either, the prosecutor has a choice.

The prosecutor can choose ONE but not both.

N.B. the Art. 19 punishment is heavier than 156 (since

156 is only prision correccional)

Under Art. 8 (conspiracy), it can be a crime in itself or a mode. Is it
possible that conspiracy or connivance be an aggravating
circumstance? What is the effect if a co-prisoner who connives?
o For delivery of prisoners from jail, there is connivance. It
aggravates the punishment. So note this is a THIRD
character of conspiracy not just mode, not just crime, but also

aggravating circumstance.
What about bribery?


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

Bribery in this case can be deemed a means to

commit the crime of delivery.

If the public officer accepts a bribe to release the prisoner,

what are the crimes?

One giving money corruption

One accepting money

1. Bribery

2. Delivery of prisoners
But if the bribery was towards another prisoner, what is

the effect?

It would be a deemed a means to commit the crime.

If a person commits a bribe to a public officer, one crime is

a FELONY, what happens?

o Art. 48 applies. Example, if there was direct assault, attempted

homicide, physical injuries, etc.

The means provided specifically in Art. 156 (bribery), or fraud
(or other means that do not constitute crimes by themselves),
etc. do not attract Art. 48.


How is evasion of service committed?

Is evasion a continuing crime?
o Yes, as long as he is escaping, he is committing a crime.
o Rule 113, Sec. 5 allows policeman to arrest a person who
escaped from jail as long as he is out, since he is continuing to

commit a crime.
Can one be guilty of evasion of sentence, although not confined in
a prison?
o Yes.
o Ex. If arresto menor, can spend sentence in house.
o If one is sentenced to destierro, how can one commit

and then the officer is bribed, another crime is

committed we will discuss this soon.

Bottom line: do not apply 48.

The law is nebulous by stating other means, correct?
o Example, craft, disguise
o What is the effect?

Arresto mayor (lower penalty)

If the other means used by the principal of delivery of prisoners is

escapes from prison.

When is prescription of penalties suspended?
o When one escapes from jail
If a person escapes from jail, and he is arrested without warrant,
would the policeman be charged with arbitrary arrest?
o No, because warrantless arrest is allowed for those who

being done as a means to commit another does Art. 48


No. Because under Art. 210, if a crime is committed

Committed by one convicted by final judgment, and one

evasion of sentence?

Entering into the prohibited place.

o Ex. Hospital, which is an extension of the penal institution.
Tanega v. Masacayan- elements of evasion
o 1. Convict by FJ
o 2. Serving of sentence which consists of deprivation of liberty
o 3. Escaping during sentence
Del Castillo v. Torrecampo escape is the unlawful departure from the
limits of his custody. One not arrested for service of FJ cannot be held

to have evaded service of sentence.

Is a person serving sentence for an SPL be liable for evasion

(meaning, even if it is not a felony under the RPC)?

o Yes. As long as serving sentence, whether RPC or SPL.
Under what circumstances may a prisoner be not liable for evasion
of service of sentence?
o 1. Detention prisoner


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

2. Deportee who violated deportation order
3. Youthful offender under 9344

Because rehab center is not a penal institution

US v. Hoe supposing one is convicted for violating of DDL, and is

ordered to suffer imprisonment, and then deported after serving

sentence, but then he escapes, he is liable for evasion of service. If
after serving sentence, but before deportation, he escapes it is NOT

evasion of service, but just a violation of deportation order.

If one uses violation or intimidation, it is absorbed. But if one commits a

crime to evade, then Art. 48 can apply.

A convict was granted conditional pardon. The usual condition is

there can only be conviction under Art. 159 after conviction.


violation of the conditional pardon a felony?

o Yes, it is a felony.
o P v. Jose stating it is not a felony, has been overruled by Torres

v. Gonzales
What is the period for the condition?
o Remaining period of the sentence if the penalty remitted is

circumstance will result into the maximum of the

He commits another penalty. Is he a quasi-recidivist

Justice Regalado: He is a quasi-recidivist again and

through Board of Pardon and Parole.

Is a violator of the conditions of pardon entitled to ISL?
o No. It is provided in the ISL.
Circumstances qualifying offense:
o 1. Unlawful entry (by scaling)
o 2. Breaking doors, windows, etc.
o 3. Using picklocks, false keys, disguise, deceit, violence,
4. Through connivance with other convicts or employees of

of the second crime.)

Does the first crime have to be a felony?

No. It can be an SPL.

If the second crime has an aggravating circumstance,
what is the effect to the penalty?

Since it is in the maximum, then the aggravating

greater than 6 years

o If less than 6 years, prision correccional in minimum period
Is it necessary for the prosecution for violation of conditions of

another crime.
Does the second crime have to be a felony?

Yes. It cannot be an SPL. The law uses

nomenclature of penalties in RPC. (Maximum period

pardon upon violation?

o No. The C.E. can order the immediate arrest of the person

Is quasi-recidivism (160) a crime?

o No, it is a special aggravating circumstance. It is committed
only by a person convicted by FJ for a crime, and he commits

not committing another crime during conditional pardon. Is the

o And caught again, increase penalty by 1/5

o If he returns within 48 hours, decrease penalty by 1/5
For violation of conditional pardon through commission of the crime,

again. If he is not a quasi-recidivist for the second


time, he can commit another crime with impunity.

What if he is a recidivist AND a quasi-recidivist?

Since recidivism is an A.C. too it leads to the

maximum of the maximum.

But the law makes mention of Art. 62, par. 5. What is this?
o One is a habitual offender.

penal institution
If the convict evaded on circumstances of a catastrophe:

Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

Can you make quasi-recidivism an aggravating circumstance,

signature or seal deemed to be the one who committed the

o Anj: Yes. Purpose of law is to punish repeated criminality.
One who escapes from jail, is he automatically a quasi-recividist?
o Justice Regalado: No. Because the very act of evasion of


quasi-recidivism. Under Art. 62, par. 1 if the aggravating

circumstance in itself constitutes a crime punishable by law, it


Can only be committed with criminal intent, because the law uses the

word knowingly.
Offender here is not the forger.

is not taken into account.

o Anj disagrees.
o J Callejo: This still bothers me. No clear answer.
Can one be a quasi-recidivist or recidivist at the same time?
o Yes. Only difference: recividism can be offset by generic


mitigating, quasi-recidivism cannot.

While serving sentence, a convict commits a complex crime. What

is the effect?
o Maximum of the maximum of the more serious crime.
What is the best evidence to prove prior conviction?
o Court judgment.
What is the difference between reiteraction and quasi-recidivism?
o Reiteracion: needs final service of two or more lesser crimes,
or one graver or equal crime



coin, which is not out of circulation can still be punished)

May be frustrated. If the imitation is so imperfect, although all acts were
o Attempted, if failed to perform all acts of execution, except for

spontaneous desistance
To import: to bring into port these coins. There is consummation when
the boat enters port or the plane enters airspace. EVEN IF they are not

unloaded or brought to customs.

Importation may be frustrated, if before they cross territorial waters of

Philippines, they are caught.

How many crimes are committed if the offender makes 1,000

counterfeit 10 centavo coins, and a few US coins?

o Two: a) coins of one currency, b) and another, by the US
o So the test is number of currencies involved
N.B. this crime can be prosecuted abroad, under Art. 2
The coins subject matter of the crime must be legal tender in the

Can forgery of signature or great seal be committed by culpa?

o No. There must be knowledge and intent to use the signature
or great seal.

How many means to commit this crime?

o Three: make, import, utter
o Note: if foreign currency, amount is immaterial.
P v. Rion: If it was legal tender at that time, but it is not legal tender
anymore, there can still be violation of Art. 163. (Ex. Using a 1-centavo


Presumption: possession of a document bearing the forged

given that both have the same element of committing a crime

sentence is an element of the aggravating circumstance of

Philippines, and are still in circulation.


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo


Mutilation of coins of other countries: not punished under this

Damage is not an essential element of utterance


Amended by PD 247, which punishes:

o 1. Willful defacement
o 2. Mutilation
o 3. Tearing
o 4. Burning
o 5. Or destroying currency notes or coins
Must be of legal tender
o ONLY provision in this part that requires legal tender [though

must be of legal tender too]

Coins of foreign currency are not included

payable to bearer
o 2. Importing false or forged bank notes
o 3. Uttering these in connivance with forgers or importers
To utter is to offer the forged document, knowing it to be false, whether

purported to win attempted estafa, because he was not able

Possession includes constructive or physical possession of counterfeit

or mutilated coins
There must be knowledge
Two acts punished:
o 1. Possession of false/mutilated coin with intent to utter
o 2. Actual utterance of the coin
If the one possessing is also the counterfeiter, this crime is absorbed

under 163



Three acts:
o 1. Forging or falsification of treasury/bank notes/documents

the accused bore a PCSO ticket and wrote in ink the number

knowledge of person making it so payable

4. Name of payee is not the name of any person
5. Last indorsement in blank

o P v. Balmores a PCSO ticket is a government obligation. If


1. Payable to bearer
2. Payable to person named or bearer
3. Payable to fictitious or non-existent person +

accepted or not, with representation that it is genuine, with intent to

this conflicts with J. Callejos statement in 163 that the coins


to encash it before being caught

Blank forms of postal money orders are not official forms.
o UNLESS filled up
P v. Samson treasury warrant is a government obligation and is
therefore covered by Art. 169 of RPC


Again, utterance here must be in connivance with forgers or importers.
Otherwise, see 168.

Take note of modes to commit forgery of bank notes or treasury notes,



Tecson v. CA elements of crime under Art. 168

Sec. 9 of NIL when payable to bearer or order


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo


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

forged or falsified by another person

2. Offenders knows it was falsified
3. Used OR possessed with intent to use

Possession must be with intent to use. P v. Liboro

One may be liable under this provision of fake dollar bills, but it must be

coupled with either actual use or intent to use the fake dollar bills
Possession alone, without use or intent to use, is NOT a crime under


RA 8484 (Access devise law)
o Sec. 17 any prosecution under this law shall be without
prejudice for liabilities for violations of RPC
o So one can be charged under both RPC and 8484
RA 8239 forgery of passports
o If it is also punishable under RPC, and the RPC crime has

higher penalty, IMPOSE higher penalty.

But only ONE CRIME is committed.


How is forgery committed under 169?

o The ways of committing forgery:
o 1. Giving a treasury or bank note or instrument payable to

P v. Alacris SC ruled that false bank notes are included in the

phrase and other representatives of value of whatever

domination in 166
However, blank forms of postal money orders are not official, public
documents, or treasury/bank notes. They are not certificates of
obligations until filled up.
Possession of genuine treasury notes of the Philippines with any figures,
letters, or words altered or erased with full knowledge of such alteration

is punishable under 168, in relation to 166.

Art. 167
o For one to be guilty of uttering an instrument payable to order,

there must be connivance with others

Connivance is an ESSENTIAL element of the crime


Resolution, ordinance, or bill referred to must be a genuine one

The alteration must be to the substance of that bill, resolution, or

There must be a deliberate intent (malice)
May a private person be liable under Art 170?
o Yes. The law does not distinguish.

order or bearer the appearance of a true and genuine


2. Erasing, substituting, or counterfeiting, or altering figures,


letters/words, or designs in said instrument

What do you mean by utter?
o To offer a forged document or instrument, knowing that
instrument to be false, with representation of genuineness
o There must be intent to defraud
How about a false bank note? Is it included in 169 or 166 of RPC?

If the person committing the crime is a public officer with custody of

such document, he may be liable under Art 171 committing the crime
with abuse of public position (Opinion of Sen. Padilla J Callejo

If falsification of the document is done through simulation or other
means other than alteration, it may be falsification under Art. 171 of the


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

The RPC does not define a document. But P v. Andaya defines a

document covered by Art. 171. How is it defined?
o It is a deed or instrument or other authorized paper by which

something is proved, established, or set forth.

What documents are covered by 171 and 172?
o Legislative, official, commercial, private?
In Batulanon v. P, was it a public, official, commercial, or private?
o What was falsified here was a cash voucher.
o But it was not a commercial document, although connected to

business transactions.
Commercial document used by merchants or businessmen to

promote or facilitate trade or credit transactions

It was a private document executed by private person without

make it seem that a non-existent position appeared to exist.

Barometer: if he uses influence, prestige, or ascendancy of his

office to commit the crime.

If a public officer or employee falsifies a document, and it is not part of

his duties, he did not abuse his public position.

May falsification of public or commercial document be committed

by culpa?
o Yes. Samson case he endorsed checks without knowing the

identity of the persons who were recipients of the checks.

He did NOT alter the document, he merely endorsed without

due diligence.
How about a private document? Can it be falsified by culpa?
o No. There has to be intent to damage or damage caused. It
cannot be committed by culpa.

(falsification of private individuals)

If a notary public falsifies a document outside his territorial jurisdiction,
did he abuse his public position?
o NO. He is not a notary public outside his jurisdiction.
Do 171 or 172 apply to electronic documents?
o Yes, by specific provision of Sec. 6(h).
o In fact, a document may be notarized electronically and
considered a public document. If it is falsified, 171 comes into

for intent to damage

If a public officer or employee falsifies a document, but in so doing did
not abuse his public position, he is guilty NOT under 171, but under 172

intervention of public notary or person legally authorized

When is there falsification with taking advantage of public position?
o 1. Has official custody of the document
o 2. When he intervenes in preparation of the document
In Siquian v. P, was there taking advantage of public position?
o Yes. Mayor, was in public position and he used this position to

But not for commercial, public, or official document no need

A document incapable of producing legal effects cannot be foundation of
a right and thus CANNOT be subject of falsification.
Public document
o When an authorized person not a party thereto intervenes in a
o Reports made by officials in their official duty
Official document
o Public officer takes part by virtue of official position, or any
document which has become part of the public records
Is a passport an official document?
o Yes. RA 8239.
What is a commercial document?
o Used by merchants or business to promote or facilitate trade or
credit transactions
Is a cash disbursement receipt a commercial document?
o No. Batulanon it is a private document. Merely a receipt
Is a sales invoice a commercial document?
o Yes. Monteverde.
A document notarized by a notary public without a commission
is it a public document still?

Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

o No. It is a private document.

How about a private document that is falsified before being

national high school. He said in his record that he went to

submitted to the government, as required?

o The falsification of a private document before submission

time, he spent in the library. He was charged for falsification,

class and taught from 8:30-11:30, 1:30-4:30. But some of the

because he said in his time record that he taught in certain

may nevertheless be falsification of public or official document

times, but he was just in the library. No question, the time

because it is destined to be such.

o Read Monteverde v. P for the bar.
When one takes a civil service examination, are the exams official

record is a public document. He was charged for falsification

of a public document ELEVEN times. But he did not get his
salary for the time he was not teaching. QUESTION: Is he

o The booklets or papers submitted to the CSC are official

guilty for falsification of public document even if there is no

damage to the government?

HELD: Layug was acquitted. In the prosecution of

documents. P v. Leonidas
How about pleadings of parties and papers submitted to the court

cases involving falsification of time records, there

in the course of official judicial proceedings?

o Vermejo v. Bayus the pleadings of parties and papers filed by

must be proof of damage to the government (e.g.

salary paid for services not rendered). BUT this is

them which are involved in actions and submitted to the

weird, because usually, damage is not an element of

custody of the court are public documents

How about a personal data sheet submitted to the CSC for

appointment to public position?

o It is a public document. Because such document is required by

results in financial losses to the government because it enables

the employee to be paid salary and earn leave credits for

law. CVC v. Acevedo

The mere fact of preparation occurred before submission does

services never rendered.

Contrast: In Flores, damage is not an element,

not affect its status because the document is destined to be

part of public record.

You apply for a drivers license and prepare an application. You

falsify your age in the application, prior to submission. Is that

because potentially, the government can be damaged.

Beragio v. CA: J Callejo agrees with this
o A COMELEC registrar, who was also a lawyer, was allowed by
COMELEC to appear for poor litigants. He submitted a DTR

falsification of public document?

o Yes. Daba v. P: the blank form becomes a public document the

saying that he was in the office, but he was actually in court

moment it is accomplished and submitted to LTO.

The roll of attorneys is also a public document.
Very interesting case: Layug v. Sandiganbayan vis--vis Flores v.

attending to poor litigants. He was charged with falsification.

HELD: Even if he was not in the office at that time, the
COMELEC allowed him to appear for poor litigants. He was

o Layug: an ordinary government employee has a time record
measured through Bundy clock. Layug is a teacher in Davao

falsification of public document.

Flores: The falsification of a daily time record automatically

performing a duty authorized by the COMELEC. There was no



Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo


Spouse is a janitor, but before the janitor died, he received his

check. Before the check became due, the janitor died. The

the asst. book keeper did not include in the ledger things or

widow already received it. She cashed it, thinking it was leave

properties purchased by him as such. He committed estafa

credits value. The check was worth X amount, though the

through falsification by omission by not indicating in the ledger

janitor had leave credits exceeding the amount of the check.


She was charged with falsification.

HELD: Acquitted. She was acting in good faith. There was no

his purchase of goods.

May someone be convicted based solely on presumptions?
o Yes. One found in possession of falsified document is

damage to government; in fact, the government owed the

janitor pa.
P v. Coral
o Got a warrant of arrest, falsified signature of the judge, and had
his wife arrested. He claimed he was not guilty of falsification

because it was a spurious document in the first place.

HELD: Convicted. There can be falsification even if it is a

defense against prosecution.

Heck v. Santos and Buzon v. Baltazar
o The notarization of a lawyer by a private document without

Counterfeiting or imitating handwriting, signature, rubric (171 1)

P v. Dizon

falsification of public or official document

UNLESS the falsification is imperfect.

Feigning means the forgery of a signature that does not in fact exist.
P v. Rampas for one to be guilty for falsification under this provision, it
is not necessary that the imitation of writing, handwriting, or signature be
perfect. It is only necessary that the two writings bear some

resemblance to each other

US v. Femur (?) there can be no falsification of public document

unless there is an attempt to imitate the genuine signature of another

P v Isla one is guilty of falsification even if he did not imitate the
signature of the person in the document, as long as there is a
DIFFERENCE between the genuine signature of another and the

document is altered, or the moment the false document is


Even if the document is not put to illegal use

THUS there can be no attempted or frustrated

In the provision, the word imitating is an inaccurate translation of the

Spanish penal code. It does not mean imitating but feigning.

requisite commission [meaning, it does not become a public

document] is still liable for falsification of public document.
o So to simplify:

1. The document remains private

2. But the crime is F of public document

Can there be an attempt or frustration of falsification?
o Consummated the moment the genuine public or official

presumed to be the author. Caubang v. P

In the absence of a saifactory explanation, one in possession
of such is presumed to be the author thereof. Alarcon v. CA

spurious document. Cannot use own acts of falsification as a

The crime of falsification can be committed by omission. Here

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

P v. Bernardino elements:
o 1. Offender is public officer or employee or NP
o 2. Takes advantage of official position


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo


3. Falsifies a document by causing it to appear that a person or

persons participated in any act or proceeding when in fact, they

did not.
Lastrilla v P
o He had an uncle and auntie. By 2000, his auntie and uncle

exam, when he did not.

Mallari v. P favorite case
o Delito continuado he falsified two documents over two
parcels of land as security for loans from two people. He made

died. He executed three documents (deed of sale, deed of

it appear that the owners of the land mortgaged the property to

conveyance) all in the same occasion. In each document,

the two people from whence he got the loan.

There is only ONE crime delito continuado. [He explained it

the dead spouses sold to the vendee parcels of land. Then,

better in the Art. 48 discussion]

Lastrilla signed the signature of his dead uncle and auntie, and

antedated the deed.

Is this falsification?

Yes, under this paragraph.

The uncle and auntie are both dead. So this provision

applies even if those who were made to appear to

Persons in fact participated in proceedings, but accused make it seem that

they said/did some things they did not do (171 3)

Abubakar v. P accused was a COMELEC registrar. He made it
were not, and that they voted, when they did not.
o Guilty under this same provision
o + Liable under Omnibus Election Code
Can this crime be committed to conceal another crime?
o Yes. P v. Villanueva. Villanueva was an accountable officer; he

P v. Stella Romualdez she changed the answers of a Bar examinee,

when in fact he did not. Then she corrected the answers.
o The examinee was guilty as an accomplice, by knowing that

participate are already dead.

But there is only one crime, even if there were several

appear in the list of voters that certain voters were listed, when they

Romualdez committed the crime.

Making untruthful statements in narration of facts (171 4)

Siquin v People what are the requirements:

o 1. Offender is a public officer or employee
o 2. Untruthful statements in narration of facts
o 3. The facts must be absolutely false

If there is color of truth in it, he is not liable under this

misappropriated funds of government. To conceal

malversation, he falsified receipts to show that people received
some amounts, when they did not.
Guilty of two crimes:


Falsification under this paragraph

P v. Leonidas
o He was paid by examinee in CSC to take the exam on his


Go Kiok to
o Petitioner was Chinese, but he declared himself as Filipino.

The clerk wrote down Filipino in the residence certificate.

Clerk is NOT guilty he had no criminal intent and relied on the

Petitioner is guilty under this paragraph as Principal by Direct

Yes. He made it appear that another person participated in the

behalf and pose as him. Is he guilty of falsification?



Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

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

there is a color of truth to it, there can be no criminal intent.
Jamora v. Sandiganbayan there is no F of public document if acts of
accused are consistent with GF, even if it may be false. Color of truth

indicates GF.
A government altered for it to speak the truth there is no falsification
(e.g. there is error in cedula, then altered to speak the truth. There is

alteration, but no falsification)

What is legal obligation?
o The legal obligation may spring not only from a law or a

when obligation is due, date when persons were married.

Making alteration or intercalation to genuine document which changes its
meaning (171 6)

regulation/rule promulgated by authorities (e.g. CSC,


E.g. Guilty of F under this provision, if she falsified a personal
data sheet, which is a document required to be submitted to

the CSC under rules. (Lamancas v. Inta)

Mere fact that she was not hired is inconsequential.

The duty to make truthful statements, what is it based on?
o Law
o Or an ordinance, as long as it requires such making of truthful

Or one issued by a government agency (see Siquian)
P v. Manalo may also be based on R&R of constitutional

Altering true dates (171 5)

May this crime be committed by culpa?

statement therein
B) The alteration or intercalation was made in a genuine

C) Alteration or intercalation made in document to speak of

something that is false

Crime may be committed by a private individual
o If committed on a private document falls under Art. 172

There must be independent proof of damage cause or

intent to cause the same to another person
If committed on a commercial, public, or official under Art.

Alterations or intercalations on the face of a document are, in the
prior to the execution of a document. One making the alteration must

that he can pay less taxes: the government employee is guilty of

falsification of official document.
There must be deliberate intent to make a false narration of facts

absence of evidence relating to them, are presumed to have been made

falsely stated in ITR that he has 2 dependents, when just has one, so

Garcia v CA Elements:
o A) a person changes a document or intercalates an entry or

body like a CSC, which requires prospective employees to

submit employees data sheet
o Basis in Go Kiok To case: CA 465
Concerned Employee v. Generoso A government employee who

o No. Intent is essential to the crime.

Dates referred to here are those that have legal efficacy; ex. Date

explain the same.

What alterations consist of:
o Erasure
o Interlineations
o Additions
o Substitution of any material matter in a document or instrument
If the alteration or intercalation was made to make the document speak
the truth, it is not a crime. And the intercalation or intercalation must

change the substance of the document.

There must be criminal intent. It cannot be committed by culpa. Good
faith is a proper defense.

Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

Garcia v. CA facts:
o Garcia had agreement with Quejada, to purchase from the
latter a parcel of land. Garcia made down payment of P5K.

Lastrilla v. CA there are as many crimes of falsification as the number

of documents falsified
If there is only one document falsified, but under multiple modes, there

is only one crime of falsification

P v. Pomferada someone falsified the roll of attorneys, by inserting

Quejada made two copies: gave one to Garcia, and kept one
with her. When the sale was aborted and Garcia wanted the

payment returned, it was made to appear that the amount

three persons there; he committed three counts of falsification, even if

actually paid was P55K instead of P5K. Garcia charged with

made on the same roll of attorneys

falsification for changing the amount from 5 to 55K.

SC HELD: Garcia guilty of falsification for intercalating in a
genuine document a bigger amount.

Issuing copies (171 7)

Art. 172 Falsification by private individuals and use of falsified documents

by private individuals

Two modes of committing this crime

o 1) there is no genuine original of the copy of the document

issued in an authenticated form

2) there is a genuine document

Done with dolo or with deliberate intent

Alteration of the copy of the genuine document

changes character of genuine document

Public officer or notaries-public. Sec. 19, Rule 132 of
Rules of Evidence enumerates these documents.

Intercalating instrument or note (171 8)

Two modes under paragraph 1:

o Private individual falsifying a public, commercial, or official
document no need for damage or intent to damage
Private individual falsifying a private document there is need

for damage caused or intent to cause damage

If a public officer falsifies a document, without abuse of official position,
he can be liable under Art. 172
Dizon v. P
o Damage includes material damage and damage to the credit or
honor of a private person
o So it is not confined to mere material damage
The offender did not gain any profit from the falsification of private
document. But intent is an internal act. How does one establish this

Intercalated document must be false and change the sense of the

document or official book.

There must evidence independent of the falsification to

establish intent.
P v. Paraiso may consist in an attempt to encash or use the
document, or verbal or physical acts indicating intention behind

Number of crimes of falsification committed:

Flores v. Layosa one may be liable for estafa through falsification of a

public or official document

Batulanon v. P
o Read the facts
o As to the three private individuals, he committed falsification of
a private document. The same essential element of damage or

Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

intent to cause damage cannot be used to establish estafa,

Art. 174, 175 just rely on commentaries of Reyes

since this has been used in falsification

But the mother saying she received the money for an on


behalf of my son, when she actually did herself, she did not


commit falsification but the crime of estafa, since there was

nothing falsified
Under paragraph 2, how is the crime committed?
o 1. Person who shall knowingly introduce in evidence in any

In a situation where the instruments imported could not be used for the
intended purpose, is it an impossible crime or a crime under Art. 176?
o Still 176. As long as there was intent to use and there was

judicial proceeding
2. or using a falsified document, to cause damage or with intent

import a complete set. It is necessary that the implements

to cause damage
A private individual who falsified a document, and also used the

brought into the country cannot be used by themselves, but

can be used alongside other instruments, there is violation of

document under a judicial proceeding, is he liable under paragraph 1 or

paragraph 2?
o Under the 2nd paragraph, the person using the document is

the law
Spanish SC if impossible to use these for the crimes of
counterfeiting mentioned, it is not a crime if it is impossible to

other than the author of falsification. If the falsifier himself uses


the document in a judicial proceeding, he is liable for

P v. Santiago For one to be liable under 176, no need to

falsification (par. 1) and not for use

If a government employee falsifies his personal data sheet by making it

Art. 177 Usurpation of authority or official functions

appear that he passed the CSC exam, when in fact he did not, and he

used the personal data sheet to apply for a position with the government
(therefore, not in a judicial proceeding); how many crimes of falsification
did he commit?
o Two crimes:
o Falsification of the personal data sheet
o Use of such document in a proceeding other than a judicial

Is a falsified document was used in a judicial proceeding, is there need

to establish damage caused or intent to cause damage?

o No.
If it was used in some other purpose or proceeding, is there need to
establish damage caused or intent to cause damage?
o Yes.

2 modes of committing the crimes:

o 1. Usurpation of authority
o 2. Usurpation of official functions
When a public officer or employees has already retired or resigned but
continues to do his duties, is he liable for usurpation of functions?
o Yes.
Usurpation of authority prosecution must prove:
o 1. Accused is aware he is not a public officer
o 2. He falsely represents himself to be such
o 3. Such person has performed pertaining to an act of person in
authority or agent of PIA
Felony here is committed by dolo. GF is a defense.
Can be committed by a private individual


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

P v. Baltazar a notary public who notarizes a document when his

commission has expired violated this provision
A private person may be guilty of usurpation of public authority
complexed with seduction
o (seduced a minor)
Usurpation of authority complexed with falsification
o when one pretended to be a BIR agent, and showed falsified
Take note of Art. 299-A(4)
o Robbery may be committed through pretense of exercise of

here is not to a particular person but to public interest. Public

interest is something in which the public, community at large,
has some pecuniary interest by which some legal rights are

If one uses a fictitious name to defraud another, what crime is

o Estafa. Art. 315-2(A)
Under Art. 299(A)-4, robbery may be committed through use of fictitious

public authority
It is NOT a complex crime. Usurpation is an essential element

under this mode.

Art. 267. If a person kidnaps another to deprive another of her liberty,

name to gain entry into the house of another.

o Again, the use of fictitious name here is mode to commit

by pretending to be a public officer. Is he liable for complex crime of Art.

177 and 267?
o No. Usurpation of authority is a mode of committing crime of

Person pretending to be authorized to issue passports:
o Liable under RA 8239. (Phil. Passport Law)


I. Fictitious name purposes:
o 1. To conceal a crime
o 2. To escape judgment
o 3. To cause damage
II. Person who conceals his true name or other personal circumstances
Elements under first par.:
o 1. Publicly uses fictitious name
o 2. With any of the mentioned purposes

Here, motive is essential element

If a person uses a fictitious name publicly, but without these purposes,

o Same crime, but under Par. II.

What is meant by publicly?
o Includes use in an official or public document
What is meant by damage?
o Not equivalent in falsification of private document. Damage

If one uses a fictitious name in a narration of facts in a public or official
document, what crime is committed?
o Falsification of public, commercial, or official document,
because penalty for use of fictitious name is already integrated

in the former.
What is meant by evasion of judgment?
o Includes criminal or civil. Law does not distinguish.
One is a convict serving sentence, and another person in jail substitutes
for the former, to allow him to escape. The other prisoner took his place
and claimed to be the escapee by stating his name. What crime did the
first person commit?
o Evasion of sentence, complexed with use of fictitious name (?

confirm with Abu

If the security guard noticed that the first person was gone, but did not
ask the name of the replacement. What crime?
o Different opinions

what crime is committed?


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo


Justice Albert: replacement is guilty of use of fictitious name

under this provision

Justice Reyes: replacement guilty with delivery of prisoners

from jail AND of use of fictitious name to conceal the escape of

the prisoner

Person who escaped: evasion plus use of fictitious


name to evade service

Justice Regalado: replacement is guilty of delivery of prisoners

service of sentence, but not use of fictitious name.

J. CALLEJO if the replacement did not use a fictitious name
prisoners (since he did not say a fake name). There was NO

proof of motive to lie, and objective falsity itself (if the statement

use of fictitious name; Escapee: evasion of service of

sentence complexed with use of fictitious name

There are as many crimes as the number of fictitious names used
If a person uses a fictitious name to obstruct justice
o Violated PD 1829 (knowingly uses a fictitious name to delay
apprehension of suspects)

Art. 179 see authors comment

testimony directly affects the decision. It just needs to affect a material

There must be judgment of conviction or acquittal, because penalty

depends on the penalty imposed on the convict.

Does this provision include testimony on qualifying and aggravating

o Yes.
It does not matter whether the accused is convicted or acquitted. It the

intention of the accused that suffices.

Will not apply if accused in main case is convicted and is convicted for a
penalty less than correctional, or a fine.
o The liar may not be prosecuted under 180, but can be

Art. 180, 181, 182 FALSE TESTIMONIES

False testimony against a defendant (Art. 180)

o Justice Albert: this only applies if the charge against defendant
is under the RPC, because the penalty for false testimony is
dependent on the RPC graduation of penalties

is egregiously false), or proof from other facts.

False statement must be related to the subject of inquiry, which
legitimately affects the defendant. Not necessary that the witnesss

overt act of using publicly a fictitious name.

If the person uses a fictitious name, art. 48 will apply

Replacement: delivery of prisoners complexed with

The testimony must be complete
o Must have been subjected to direct and cross examination
o Unless other party waved right to cross-examination
Villanueva v. SOJ witness must be aware that his testimony is false.
false is internal act. How can you establish this?
o State of mind may be determine by things he states or does,

absorbed by crime of delivery. Escapee is guilty of evasion of

to help the convict escape, he is ONLY guilty for delivery of

nomenclature of RPC
There must be criminal intent only committed through dolo. GF is a

Unless he is aware, he may invoke GF. Knowledge that his testimony is

from jail. Use of fictitious name by the replacement is

J. CALLEJO the basis must be whether the SPL uses

prosecuted under perjury.

o Includes injured party or any witness
o And even one of the accused, as long as he testified for the


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

If the accused gave false testimony in favor of himself, is he liable under

181 (favorable false testimony)?

o No.
o Unless, P v. Soliman Hindi ko pinatay yan. Siya po ang
pumatay! This was a lie. He is liable under Art. 181.

Measuring stick: not just disclaiming guilt, but pinning it upon

It is a formal crime. The crime is committed as soon as the false
testimony is given.
o Thus, retraction does not extinguish the crime already

UNLESS it was spontaneously done in the same testimony

there is GF
Relate to RA 6981 witness protection program:
o Person in WPP who testifies falsely loses immunity and can be
liable for perjury
o But NOT art. 180-182 of the RPC
RA 9372, sec. 47
o Any person knowingly furnishing false testimony in any

o Ark Travel Express v. Judge might be given in the bar
Elements of 182:
o 1) False testimony given in civil case
o 2) relating to issues raised
o 3) Must be false
o 4) witness knows it is false
o 5) Must be malicious and given with intent to affect the issues
in the case
The retraction of a witness under 182 does not extinguish criminal

How about false testimony in special proceedings?
o Does not apply to special proceedings. Neither does it apply to
naturalization proceedings.
Covers testimony in a petition to annul judgment
Unlike Art. 180, penalty does not depend upon outcome of the case.

Art. 183 PERJURY

proceeding involving terrorism is liable not under 180-182 but

for the crime committed
Art. 182 false testimony in a civil case
o Here, the offender may be a party litigant, or a witness for a

civil case
o Includes ordinary action
o Includes supplementary proceedings (Execution of judgment,

Definition, see Art. 183

Villanueva v. SOJ
o Applies for:
o 1. Light penalties
o 2. Other proceedings (ex. Special proceedings)
o 3. Etc. etc.
o Perjury is a felony by dolo. It cannot be done by culpa.
o There must be malice. Mere assertion of false, objective fact
not enough.
o There must be criminal intent.
Must be on a material matter
How about petitions?
o Petition for habeas corpus is a public document. If the

allegations are false, crime is F of a public document.

Padua v. Paz a complaint for damages filed with MTC which

contains false allegations perjury

Asturias v. Serrano petitioner filed petition to annul judgment

and made false assertions crime is perjury too

J. CALLEJO In light of these, a petition filed in court where
false statements are made, the crime is perjury.


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

It is not necessary that the proceeding where the false statements were

How about actual exhibition of sexual intercourse in public? It is a crime

made must terminate first.

Subornation _-> PDP, PDI
The party who is liable is the party who OFFERS the document n

under this provision. There is no art here.

P v. Tinpongco it must be distributed widespread or to many people,

because if it is isolated, then it does not disturb the law

RA 9995 law punishing video and photo voyeurism (amended Art.

o Must know that the document is false
Malicious procurement of search warrant and use perjured document


what crimes are committed?

o Malicious procurement of search warrant
o Perjury
o NOT complexed.


Must be in a public place. Must be in public view

US v. Samaniego unless there is an element of publicity, there can be

of privacy? Yes. That is why they went to the motel.

3. To sell, copy, or cause distribution of the video or photos

even when there is consent by the persons involved

4. To broadcast in print, radio, or video these sexual acts (even
in VCD or DVD)

What covers the female breast? Any portion.

no grave scandal. Here, the accused and her paramour were doing
adultery in a private place (kitchen of womans house)

privacy without being concerned that she would be

US v. Cutingger What is the test of obscenity? Whether it shocks the


ordinary and common sense of men. Whether the tendency of the

matter is the deprave or corrupt those whose minds are open to those

obscene since this can be a work of art.

If the nude representations are sold for commercial purposes and not

Private area? covered or naked

What is Reasonable expectation of privacy? The
person concerned believes that she can disrobe in


immoral influences.
o P v. Apparachi f Mere nudity in art or sculpture is not

expectation of privacy
If a couple goes to a motel, is there an expectation


2. Capture image of body parts (breast, buttocks, private parts,
etc.) without consent of the person

NOTE: For above, there must be reasonable

Art. 185, 186 MONOPOLIES, ETC

1. Taking a video or photo of sexual act without consent of

captured in photo or video

This photo or video is inadmissible for evidence.
Exception: police can apply to court for an order to take a photo
or video of a couple for investigation and apprehension of

those committing this crime.

Relate to RA 7610 - Child abuse law
o Those who coerce or induce a child (person under 18, or over
18 but suffering from mental or physical defect) hired to

the sake of art, it may fall under this provision.


perform in indecent shows or obscene publications

Here, the child is EXEMPT because the child is a victim.


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo


Who are liable?

Ascendant, guardian, any person entrusted with care

of child
Person who induces or coerces the child



Embraces all public servants, from highest to lowest. Removes


distinction between officers and employees. Definition includes those

Amended by RA 9344, Sec. 58

o Persons below 18 are exempt from criminal liability from
prosecution for vagrancy or prostitution
o Or mendicancy under PD 1563
RA 7610
Pimps are liable, and those other persons that procure child
prostitutes or encourage them, and those who engage in

occupying positions in government, highest to lowest, permanent or

temporary. Includes those with positions in GOCCs, including GSIS,

Postal Service.
Agbayani v. Sayo Includes subsidiaries of GOCCs, whether created

under Corporation Code or original charters.

P v. Sandiganbayan Whether stock or non-stock, vested with functions
relating to public needs (governmental or proprietary), owned by

sexual intercourse with children, and those deriving profit or

advantage (e.g. owners of establishment)

Further amended by RA 9208 anti-trafficking of persons act of 2003
o Covers sex-tourism, qualified trafficking of persons, etc.
o If the trafficked person is a child (under 18 or over 18 but has

mental or physical defect), the crime is qualified

Also qualified if offender is in military or law enforcement

If the offended person dies, becomes insane, gets AIDS/HIV, is

mutilated, it is also qualified

What are the civil liabilities?

Offender liable to trafficked person from personal


government either wholly or partially

Crimes committed by judgment

Applies to the judges of the first and second levels (MTC, RTC)
But not justices of appellate courts, SC, or Sandiganbayan (those who

render collective judgment after due deliberation)

Judge must commit breach of positive statutory duty or performance of

discretionary act with improper or corrupt motive Valdez v. Judge

A judgment is unjust contrary to law, not supported by evidence, made

with conscious and deliberate intent to do injustice

o Must be intent + overt act
It is not enough that the judgment is contrary to law or that the judgment

If insolvent, take value from those proceeds and
instruments derived from trafficking, that are

is not supported by evidence there MUST be intent on the part of the

under this law
Also, exempt from filing fees

P v. Maniego definition in 203 is extensive and comprehensive.

judge to do the injustice.

A judge renders a decision that is not based on evidence on record, and
he is aware of it. He still renders the decision. Is he ipso facto
criminally liable?

Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo


No. The judgment of the court must become final and

executory before he can be charged of a violation of Art. 204.

What proceedings are contemplated? De Vela v. Pelayo
o There must be a decision of an appellate court, in
prohibition/certiorari/appeal impugning the validity of the

OR there is an administrative charge against the judge for

promulgating the unjust order

This crime is malum in se. It cannot be committed by culpa.



There is inexcusable negligence if the mistake of the judge and cannot

be explained; there is a manifest injustice that cannot be explained by a

reasonable explanation.
When is a judgment unjust?
o When it is contrary to evidence on record or the law.
Unlike Art. 204, a judge may be liable by culpa.
Attachment of liability?
o Not only erroneous, but motivated by dishonestly, hatred, or
some other evil motive
What can the judge invoke as a defense against ignorance of the law?
o 1. Good faith
o 2. Absence of malice
o 3. Improper consideration


Elements of this crime?

o 1. Judge performs any of these acts:

Renders manifestly unjust IO or decree through


inexcusable negligence or ignorance

2. Either by dolo or culpa

Felony by dolo. Must be committed with corrupt motives or malice, by a

judge in delaying the administration of justice.

Mere delay is not enough. There must be intent to deliberately delay.

Magdango v. Judge


Very important
Public officer who in dereliction of his duties, maliciously refrains from
instituting prosecution for violation of laws, or tolerates commission of

these acts
Who are the officers liable here?
o Those charged in institution or filing of criminal complaints
against violators of the law

Ex. Agents of the NBI, PDEA, prosecutors, OMB,


special prosecutor, etc.

Those charged with enforcement of internal revenue laws are

NOT included
This is malum in se.
Although the crime may be committed by tolerance, however, the law
expressly requires that the public officer/employee MALICIOUSLY

refrains from instituting or prosecuting violations of the law.

US v. Mendoza Before a public officer or employee may be charged
and convicted of prevaricacion, the offender whom the public officer


An IO does not finally dispose of the case

refused to charge/prosecute must FIRST be prosecuted and convicted

for that crime whose prosecution was omitted by the public officer
o This is a condition sine qua non to prevaricacion
Refers to both RPC and SPL crimes
What about public officers and employees not tasked with instituting
criminal actions or prosecuting them?


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

o They are liable under PD 1829 obstruction of justice

o May also be held as accessories under Art. 19 of RPC
Liable for other crime?
o Violation of Anti-Graft and Corrupt Practices law, in addition to
liability under Art. 208.
Prevaricacion is a constituent element of qualified bribery (Art. 211-A).


Can only be committed by attorney-at-law (no more procurador judicial

First form of violation:
o Client must suffer prejudice due to malicious breach of lawyer

of professional duty, or inexcusable negligence, or ignorance

What is prejudice?

Material or moral damage

Where else is the lawyer liable under?

Sec. 4B of RA 3019 Anti Graft and Corrupt

Practices Law if the lawyer knowingly induces or

o in connection with official duties,

o in consideration of any offer, promise, gift, or present
o received by him or mediation of another
o whether the crime is committed by him or another
2. Acceptance of gift, etc. for a non-criminal act, whether the act is done

or not
3. Acceptance of gift, etc. in consideration for refraining from doing

something which is his duty to do

Crime of bribery is committed by the public officer. Giver of the gift

provision, if he connives with a public officer.

Third form: no liability for lawyer if the client accedes to the lawyer
representing another

Bribery (very important)

Three forms:

1. Public Officer:
o agrees to perform a criminal act,

3. Gift, etc. was given in consideration of commission of
commission by the P.O. of some crime in connection with

causes public official to commit any of the offenses

under Sec. 3 of the RA 3019
Practicing lawyer may also be liable for bribery under this

commits corruption of public officer.

What are the elements of the first mode? Garcia v. SB
o 1. Accused is a P.O.
o 2. Receives directly or through mediation of another some gift,

performance of his duties

Second mode?
o 1. Act in consideration for which the gift, etc. was given does
not constitute a crime
o 2. The act or crime relates to P.O.s exercise of functions
Maamba v. Judge For the public officer to be liable for direct bribery
under the 2nd form, although the act of the P.O. does not constitute a

crime, the act must be unjust

If the act is ENTIRELY outside his official functions, not liable for direct

If a public officer represents to an individual that he can issue a permit,
but he cannot issue it in actuality, he is not liable for direct bribery. He is

liable for estafa.

When is bribery consummated under form 1?
o If the gravamen of the crime is the offer or promise and the
acceptance, the crime is consummated upon acceptance of the


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

NOTE: If the act was done prior to acceptance, the act

him and charging him for violation of ordinance. Policemen

consummates the crime already [I spaced out and

refused to accept the money. What crime?

Attempted bribery.
But NOTE: the one guilty of bribery is the public officer, but why

thought I heard this. CONFIRM first]

It does not matter whether the offered thing is actually given to

is it that in these three cases, there was attempted bribery? It

the officer as long as there is offer and acceptance, there is

must have been attempted CORRUPTION OF PUBLIC

Pelegrino v. P The offered money was left on the table. The public
officer gets the envelope and says ano to? HELD: Mere physical

promise to give the gift or present. But the act to be committed must be

receipt without any other act or sign showing acceptance cannot lead
the court to conclude that bribery has been committed. There must be

physical act indicating acceptance.

What constitutes gift or present? Can it be services?
o Yes. The gift or present may be in the form of services to be

a crime.
The present or gift may be solicited by the public officer or employee. If
does not distinguish whether offered by the bribe giver or solicited by the

rendered by the bribe giver. A promise to do an act that would


Under Mode 1, the officer must receive the gift or present OR accept the

have pecuniary gain to the PO is a present.

It is enough if a reward or personal advantage would accrue to

guilty of two crimes: direct bribery + that crime. Article 48 does

the PO from the performance of an act by the bribe giver, and

he values it highly
Can there be attempted or frustrated bribery?
o De Los Angeles v. P lawyer promised and actually delivered

smuggling of aliens. NBI agent accepted the money, but the

smuggler. What crime was committed?

Attempted bribery.
US v. Te Tong Appellant offered money to Chief of Police for
the latter to release certain merchandise seized from appellant
in gambling. The police accepted it, but to use it as evidence

against appellant. What crime?

Attempted bribery as well.

P v. Ng Pek Appellant convicted of attempted bribery when

not apply.
May he be charged simultaneously for these two crimes?

Yes. Merencillo case

Supposing he received the bribe to commit a criminal act, but the
officer did not commit the criminal act?
o He is liable for bribery under the first mode. It does not matter

to NBI money to spare his client from investigation for

agent gave it to his superior to use as evidence against the

Whether the act was done, it does not matter.

In fact, if the criminal act was actually done by the PO, he is

if he actually commits the crime or not.

There are as many crimes of direct bribery as the number of times a
bribe is offered and received/accepted.
o Ex. LTO inspector every time he checked and he was offered

money and he accepts/receives it to do a criminal act

Mode 2: Mariposque case a robbery was committed, and Mariposque
told the victim: I will recover your property, but you have to give me PHP
5,800. Private complainant agreed. Mariposque recovered it. He did
not deliver it. There was an entrapment.

he offered money to the police to dissuade them from arresting


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo


SC HELD: The recovery of the property was not a crime.

PO is not required to do anything in particular. Enough that he

complainant was unjust.

J CALLEJO: There was an obligation to return the property. It

received the gift/present by reason of his office

is unjust.
May a private individual be liable for bribery?
o Asejas III v. P Asejas was a practicing lawyer. His Japanese


complaint against you. Immigration agents told client: Give

P25K so we wont investigate you. Lawyer connived with the

public officers and encouraged his client to give money. He


HELD: Private person (lawyer) was liable for bribery for acting

in conspiracy with the public officers.

J CALLEJO: The Japanese client gave money because he was
afraid to be charged for any irregularity in the VISA/ violation of
DDA. Shouldnt they have been charged for

Bribery must be given voluntarily.

That is the difference between bribery (voluntary

giving) and robbery/extortion (involuntarily, through

The act of offering or giving to the public officer gifts, presents, etc.
[Note: the public officer is liable for bribery]
It must be by reason of his public office
Can there be attempted corruption of public officers under Art.

In some cases, the CA said there can be an attempt of this

crime. P v. Elago CA said there can be frustrated corruption
of public officers. This has not been affirmed by the SC, and J

for illegal possession

Judge was PDP when he acted as the broker in bribery

Given gifts by reason of his office

Distinguish from direct bribery:

o Include SPLs that use the nomenclature of the RPC penalties.
US v. Mendoza The officer must first be convicted for prevaricacion,


Judge was an accomplice when he allowed his chambers to be used for


and in consideration of offer, promise, gift, etc.

Must it be RPC or can it be SPL?
o In general, must be RPC because the term used is reclusion

prior to conviction for qualified bribery.

the bribery transaction between the police and the suspected criminal

Relate with Art. 208

For PO entrusted with law enforcement and he refrains from arresting or
prosecuting an offender who has committed crime punishable by RP

client came to the Philippines. He told his client there is a

Indirect no such agreement to perform or not perform an act.

Nevertheless, failure to deliver the goods to the private

was his duty to do so! His refusal to do so is not a crime, but it

CALLEJO doubts it would ever be affirmed.


Par. 1 crime by dolo


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo


Consummated by mere entering into agreement by public

private individuals resulting to loss of public funds and property

officer/employee with interested party or speculator no need

for damage to be proven

Par. 2 mere demand of sums different or mere failure to issue receipts
o Par. 2 is mala prohibita
o Not required for State to suffer damage
o If accountable officer demands amount in excess of what is

due to the government, the amount due to the government is

still public property but the excess is private property

May private individuals be liable under Art 213?
o Yes. US v. Ponte if there is conspiracy with public officer

due to corruption or neglect of duty

How committed?
o Misappropriation of public funds
o OR the taking of such property
o OR by consenting another to take such property, whether

duty, to take such public funds or property

o 1. Offender is a public officer
o 2. He has custody or control of funds by reason of duties of

Art. 217 MALVERSATION (very impt)

By dolo or culpa
What are the described public properties or funds here?
o 1. Public funds owned by national government or any of its

seized, or deposited with private individuals or public

authorities under the law or by orders of the courts or executive

officers even if such funds belong to public individuals

3. Funds and properties of public corporations or special
instrumentalities such as the PCSO as well as the PNRC are

government and penalize erring public officers conspiring with

4. He appropriates, takes, misappropriates, consents, or

What is to appropriate?
o To use public funds or property for himself or convert the same
for his personal advantage
Includes any attempt to dispose of public funds or property

without any legal right

What is taking?
o Concept of taking in malversation is the same concept as

individuals by GOCCs are private loans and are

therefore not public property or funds
What is the purpose of Art. 217?
o The SC ruled that the law is designed to protect the

3. Those funds/property are public funds for which he is

public funds/properties

Mariano Ocampo v. P amounts loaned to private

through abandonment/negligence, permits another to take the

agencies, including LGUs, GOCCs, under the custody of the

accountable officers
2. Funds or property under custodia legis which are attached,

wholly or partially
OR permitting another due to negligence or abandonment of

taking in theft or robbery

Once a public officer has possession of public property,
however brief as may be, and disposes of the same, he is

liable for Malversation

Who is an accountable officer?
o By reason of office, is accountable for public funds or property
o Every officer of government agency whose duties permit or
require the possession or custody of government funds or


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

property and who shall be accountable therefore and for

Yes, because those taken under official duties are in custodia

safekeeping thereof in conformity with law

What about donations made by private individuals to

Ex. Received money from execution sale and misappropriates

government, are they public funds/property?

Yes, whether domestic or foreign source, when duly

accepted by government (because these are remitted

to the national treasury and for which a general fund

destined for a private person, since it is momentarily

is provided for). Even the proceeds are public funds


or property.
1987 revised administrative code except as provided
otherwise, all money or property officially received by a public
officer in any capacity or in any occasion must be accounted

for as government funds or property

LGC any officer of the local government whose duty permits
or requires possession/custody of public funds are accountable

To determine who is accountable the nature of the duties

CONTROLS and not the nomenclature of the office

Frias v. P Frias is a municipal mayos; he went to Manila on
official business. He got a cash advance. Under the LGC, if
you are given a cash advance, you have to account for this

is an accountable officer, because under the Government

official judicial processes

RA 9165, DDL any public officer or employee who is accountable for
imprisonment to death
Is the decision of the SC is Diego v. SB still true today?
o The crime should be 9165, since it is SPL.
o Art. 217 cannot anymore apply for drugs under custodia legis

Auditing Code, he was obliged to account for the cash

advance. Fact of lack of benefit does not exempt him from

entrusted to the one conducting public auction

Money and property is under custodia legis if taking through

seized/surrendered dangerous drugs is liable under the law: life

when you return from your destination. If he fails to account for

it, although he was not benefited. HELD: The municipal mayor

What are the fiduciary funds of the courts?

Ex. Bail bonds

Ex. Funds from extrajudicial foreclosure, even if

that is misappropriated.
J CALLEJOs opinion: charge under 9165 alone, not 217, and

not concurrent
If a private individual profits from the fruits of malversation, since
he cooperates as an accessory?
o He can be liable for malversation as an accessory.
There must be concrete evidence that:
o 1. He received public funds/property
o 2. There is a shortage of such
Government Auditing Code you cannot give vale to a co-government

There are two officers: one accountable, one not. They use public funds

employee. To tolerate such a practice is to sanction every public officer

to drink beer. HELD: Accountable officer liable for malversation. Non-

ALLOWED. [Situation here: public officer using public funds to give

accountable cannot; he is liable for theft.

Can a sheriff be liable for malversation?

to turn public funds into a lending business. So giving vale is NOT

advances to fellow employees.]

Demand is NOT an element of the crime.


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

If one misappropriates different types of property: guns, money,


If he did everything in one occasion, just one crime

If multiples times, as many crimes of malversation as the

number of times he misappropriated

San Jose v. Karunungan Clerk of court has custody of 100K
consigned with court. The sheriff stole it when the clerk went out for
lunch. Is the sheriff guilty of malversation?
o No. He is not the accountable officer. If the clerk is negligent,
he is liable for malversation through negligence. The sheriff is


If person is charged with dolo, can he be found to have committed

it by culpa?
o Yes. Tabuena v. SB
Abuse of confidence and taking advantage of public position are

Campomanes v. P elements
o 1. Public officer
o 2. Accountable officer
o 3. Required by law or regulation to render accounts to

government or provincial auditor

4. Fails to make account within 2 months

o 1. Public officer
o 2. Has public fund or property under administration

If appropriated by the provincial board, but he uses it for a purpose


What is openly refusing?

o Promptly and unreservedly refusing to execute judgment
clear and manifest refusal
o There must be criminal intent to defy superior authority
Disobedience to void or invalid decision is not a crime



purpose than that provided for by law or ordinance

Is this included in malversation in 217?
o No, this is separate and independent from malversation in Art.

include appropriations even by boards

INHERENT in crime of malversation.


that for which it has been appropriated for

So he did not get it for himself
Gravamen of crime: use or application of funds/property for some other

other than that provided for by the board?

o J CALLEJO: thinks this is included, because ordinance can

liable for theft.

Restitution does not exempt him from criminal liability,
o At best it is a mitigating circumstance analogous to voluntary

3. Has been appropriated by law or ordinance

4. Applies such fund or property for public use OTHER THAN

See RA 9745 law on torture

Who are the public officers?
o Those with custody of or in charge of the prisoner
o Custody must be actual and not just by fiction of law
Who is the victim?
o The prisoner, the detention prisoner, or convict who was
subjected to maltreatment
If he inflicts physical injuries without intent to kill or he kills the prisoner,
he may be guilty for maltreatment of prisoners and either PI or


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo


Judge who continues to exercise functions of an abolished position, in

GF, is a de facto officer

Abandonment must be total and under such circumstances indicating
absolute relinquishment


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo



Usurpation of one department of the powers of another

does not cover usurpation within the same department. Different
provision covers such usurpation

If there is Rape and torture is committed is there a special complex crime?

Justice says no decision yet in SC.

Check Section 14 of the law

R.A. 7080
Only have to show a series or pattern of acts that proves plunder
Anti-Graft and Corruption
Court must first determine the validity of the information before there can be
suspension of the public officer.



Must be aware that the person nominated or appointee does not have the


legal qualifications.

good faith is a defense

Nominating v Recommending

Merely recommending is not a crime under this provision.

To be liable must nominate someone not qualified

Father, mother, child or spouse of the accused

legitimacy is not an issue

but if between ascendant and descendant other than the parent or

child should be legitimate

If child is less than 3 days old the crime is parricide


May it be committed by Culpa?

If crime against chastity or person is committed then art. 245 is absorbed.

Public Authority is an aggravating Circumstance

Amnesty Law is not applicable

Can it be complexed with unintentional abortion?

Yes. Appellant stabbed his wife to death the wife was pregnant at
the time (P v Paykana April 16, 2008)
Robbery with homicide

homicide used in its generic terms

it includes parricide and infanticide

Muslim Code of the Philippines

can marry more than once as long as can provide equal

Can be committed by Culpa (P v Paykana)

They were quarreling the husband drove with recklessness

Applies to officers who can arrest and investigate violators of the law

If did not die - frustrated or attempted

Art. 248 MURDER

relate to R.A. 9745
Penalty provided for in the Crime against torture and
RPC may be applied suppletorily


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

Must the court take into consideration mitigating and aggravating
No intent to kill - physical injuries, serious or less serious
Defines a Felony but there is an absolutory cause

Example of an exempting circumstance

A crime is committed but not criminal liability

No Civil liability because of the absolutory cause

P v Kurikur

P v Uyanid 406 p 651 - no civil liability imposed on the offender. Sir

does not completely agree
H Stabbed the paramour. The paramour tried to strike back.
W tried to save P. H stabbed W to death.
SC said art 247 to both attacks.
Callejo: Art. 247 must not be applied because the reason H
killed W is because W was protecting P.
P v Rabandaban 85 P 636

Told his W to leave. W went inside the bedroom to take her

jewelries. H said W should just leave and not take the jewelry. W
tried to stab H, H stabbed W. NOT Art. 247 because he was
protecting himself.
Killing must be the direct by-product of the outraged suffered by the
offending party

In order to apply Art. 247 when the killing was done after the sexual
Sexual Intercourse must be consensual

Even if not consensual can still apply Art. 247 if husband acted due


The reason behind destierro is twisted logic possible only from a twisted
mind. He thinks no logic with the provisions - says one justice
Does not apply Sexual Assault
Can only be invoked by the Offended Spouse

Relative may invoke Art. 11, but the act must be reasonable.
R.A. 8353

punishes sexual assault

Assume husband saw wife completely naked, paramour clothed but

the finger was inserted. -- not sexual intercourse

Special Law did not amend Art 247

Can the husband use Art. 11?

Callejo: can be applied

Art. 248 MURDER
Torture and Cruelty are different

Cruelty refers only to Physical


to subject to gross insult

to scuff - to show contempt by _____ acts and language

Killed the Victim and threw the body in the river = scuffing
P v Pugay - Guilty of homicide by culpa and one by dolo but one victim
R.A. 9745

Physical and mental torture

P v Commadre -


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

P v Lazaro

No frustrated homicide through reckless imprudence

Homicide means there is intent


Sec. 10 RA 7610

victim of violence is a child the penalty is reclusion perpetua of

under 12

If there is intent to kill but the victim does not die apply RPC

Section 6 of the Code

Person trying to commit suicide does not commit a crime, even if fails to kill
If S jumps to kill himself, lands on another and kills that other person

S can be liable for the death of the other person

Others belive not liable

1. Offender discharges a firearm against or towards another
2. no intention to kill or injure but only to scare


If with intent to kill then Murder or homicide at any of its stages

Does not define a crime only provides penalty

1 Several persons - more than 2 in each group
2. Do not compose groups organized for the purpose of attacking another
3.Persons attack one another is a tumultous manner
4.cannot determine who killed the disease
5.person who inflicted physical injuries to the disease can be identified

If fires in the air can be

Art 153 or Alarm

Neither Art 251 or 252 apply if the Person who committed can be
They will also not apply if there is only one victim
Not apply if the one group so organized attacked another group and the
other group only defended themselves

all of the members of the attacking group are liable for all injuries on
the basis of Art. 8 RPC conspiracy

No distinction between an unlicensed or licensed firearm

if another crime is committed not guilty under RA 8294

This article can be complexed with serious and less serious Physical Injuries
1. Child born alive and
2. be viable - capable of independent existence
Fetus with intra uterine line of 6 months not viable
Child expelled prematurely the crime is abortion not Infanticide
Treachery is inherent in infanticide
P v Corales 121 S 426

Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

Raped pregnant daughter

daughter delivered her child. The father took the child after delivery
and burried the child alive
SC: rape and infanticide and abuse of superior strength in
Callejo: abuse of strength inherent in infanticide

Arts. 256/7 ABORTION

so long as the fetus dies due to violence or drug administered even

if fetus is in full term.
Can be intentional or unintentional;


May be committed by Culpa
P v lopez

accused stabbed wife 9 mos pregnant - parricide with unintentional

There can be a complex crime of Unintentional Abortion and Parricide
May there be Frustrated abortion

YES. According to Justice Regalado.

Home Work
Art 262- 282
anti graft
Art. 262.Mutilation
There must be intent to mutilate

Serious physical injuries if there is no direct intent to mutilate

if intention is to kill then frustrated homicide or parricide

Relate to Sec. 6 RA 9262

The offender shall be punished under the RPC and not under this
special law

Art. 263
Impotence - loss of the power to procreate and not only copulation

If castration was done solely to deprive the victim the power of

generation then the law violated is Art. 262

means disfigurement

must be complete
P v. Guttierez

Med Cert issued by the doctor states that the healing period is one
month the crime is less serious physical injuries. When we speak of
month it is understood to mean 30 days
Relate RA 7610

prision mayor in its minimum period

Art. 264 Important

Injurious substances must be introduced or injected into the body of the
There must be NO intent to k

if there is intent to kill it can be murder, homicide, parricide etc.

If the substance is poisonous

CanNOT be committed by CULPA

Intentionally introduced the substance

If offender not aware that the substance is injurious = serious physical
injuries through reckless imprudence


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

There was intent to kill but the qty was not enough to kill

NOT an impossible crime

Serious or less serious physical injuries

Art. 265 - Art. 266
Slapped the victim. Victim did not sustain any physical injury or medical


sexual assault


criminal act

can be committed against a man or a woman


crime is slight physical injuries

If purpose is to humiliate the crime is slander by deed

May a woman be guilty of rape or sexual assault

may be guilty as accomplice or principal by indispensable


If there is intent to kill

Parricide, murder homicide

Sexual assault

may be committed by a man or a woman

Inserts finger and organ

one count of sexual assault and one count of rape

Rivera v People and Lazaro v P

Injury may not be serious at the onset but later on becomes serious
the crime committed can change depending on the ultimate injury

Frustrated -> Consummated

Physical Injuries => Homicide or murder

Art 266-A and Art 266-B
Crime against person

the charge may be filed now by the public prosecutor

consent of the offended party is no longer needed

Husbands may now be liable of sexual assault of their lawful wives

has the right to use the power of persuasion but he cannot use
force, violence, or intimidation.

Sexual relations must always be consensual

Ex. H and W have been legally separated - more reason for the wife
to refuse

Ex. H has AIDS

Lewd design is inherent in both crimes. Inherent is the desire of the offender
to get sexual gratification by the insertion of his organ or any instrument
Sex is now classified


only attempted or consummated stage

Enough that a part of the object or organ pass through the genital,
anal orifice, mouth

can be a part of the human body. Ex. finger, tongue

other things
Under 12

Statutory rape

no need for violence or intimidation

Par. 1 Force, threat, intimidation

can be actual or constructive

what is pivotal is the offender was able to achieve his purpose.


includes fear of death, bodily harm


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

viewed in the eyes of the victim

must be of such as to cause fear on the part of the victim

Father raped his daughter, he claims the daughter did not resist

moral ascendancy and parental authority over the daughter

substitutes for violence

same rule if uncle, common law husband of mother

Girl Over 12 but mental age of 12

not statutory rape because beyond 12 years old

but the crime is still rape

Deprived of Reason

intellectually weak to the extent that she is not capable of giving

consent to sexual intercourse

Act is done w/o her consent

Mental retardate

Mental abnormality

Deprive of reason need not be complete

borderline mental deficiency is enough
The woman was sleeping. The accused went on top of her they had sex.
Woman says rape because she was half asleep

SC convicted the man.

Callejo does not agree. Cannot imagine the situation.

when a woman is asleep (natural and regular suspension of

Drug was injected into her body then raped

ability to resist was taken away by the administration of drugs even

if the woman was awake at the time of intercourse.
Rape may now be committed by machinations and grave abuse of authority.

Ex. if the offender succeeds by pretending to be the twin brother

that is fraudulent machinations

Gave abuse of authority

employer or superior - employee

teacher - student

Doctor patient

Qualifying circumstances

only one circumstance is needed to qualify. Do not use the others

as a generic aggravating
1. Use of a weapon - weapon means any instrument made or
designed for the infliction of injury or is likely to produce death of
physical harm. Meer possession is not enough. It must be used to
intimidate the woman. Whether licenced firearm. SUPPOSING NO
was committed (p v almanzor)
2. RA 83 53 are in addition to the aggravating circumstances to art 14
of rpc
3. Permanent Physical mutilation
4. Know that the victim is pregnant at the time of the commission there can be rape with unintentional abortion
Special Complex Crime

Homicide committed on occasion of rape or sexual assault

Homicide is used in its generic term
No such thing as Murder with rape or sexual assault

"On the occasion"

logical connection between homicide and rape
no appreciable amount of time
intimate relation between the two crimes

Abduction with rape

if original intention is rape then the crime is rape
To prove age

can still be stipulated in the pre trial

guardian refers to legal or judicial

Victim is below 7


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo


Offender with AIDS/HIV/STD

to be qualifying offender must be aware

Pardon relate with 345 RPC

affects not only the crime but also the penalty

RA 7610 Sec 5

the child victim is under 12 accused prosecuted under RPC

statutory rape


[Thanks to JD dela Cuesta for the following notes in red]

PP v. Bisda 406 S 454 Elements:

Essence of kidnapping is the actual deprivation of victims liberty
Offender (a private individual) intends to deprive the victim of their
liberty and there is actual deprivatio
Lack of consent of victim is fundamental; presumed if a minor
Pp v. Picarrel 414 S 19 if at the onset, the victim agreed to go with
the offender, but is thereafter prevented with use of force from
leaving the place, and there was deprivation of liberty, there is
Pp v. Baldogo, Pp v. Pabillara 5 April 2000, Pp v. Castillo 425 S 136
Pp v. Astorga 283 S 420
Deprivation not only includes lock-up or imprisonment, but
deprivation of liberty in whatever form for whatever length of time
Duration or length of time is irrelevant if any of the circumstance in
par. 2 to last par. of Art. 267
If the private individual pretended to be a police officer, not a
complex crime with usurpation as the usurpation is a mode of
committing the kidnapping

No crime of serious PI and kidnapping as infliction of serious PI is a

mode of kidnapping
RA 9745 if victim in crimes persons and crimes against liberty is
tortured, penalty to be imposed in the maximum
If kidnapped and killed, special complex crime of kidnapping with
If kidnapped and raped, then killed, special complex crime of
kidnapping with rape, dont use the killing
Pp v. Larranaga 421 S 530 special complex crime of kidnapping
with rape or homicide is committed if there is a logical connection or
intimate relation between the kidnapping and the rape, homicide, or
torture (but torture now under RA 9745); even if rape or killing is
merely an afterthought, the special complex crime of kidnapping
with rape of homicide is committed
Pp v. Job 384 P 241
If two or more persons were killed by reason or on the occasion of
kidnapping, there are as many crimes as there are the number of
persons kidnapped, so two special complex crimes of kidnapping
with homicide
Pp v. Muit 8 Oct 2008 kidnappers kidnapped victim, took his car,
demanded ransom, failed to get ransom, killed the victim, offender
charged with two separate crimes of special complex crime of
kidnapping for ransom with homicide and carnapping, CA said
kidnapping for ransom and homicide, SC Second Division said
guilty of kidnapping for ransom and carnapping, homicide is an
aggravating circumstance, ransom as a qualifying circumstance
was already proved so no need to use homicide as qualifying
aggravating; applied Pp v. Reynes
o Justice Callejos view cant use the homicide as an
aggravating circumstance as there is no law allowing it;
crime is kidnapping with homicide for ransom (Pp v.
Deang, En Banc decision)
But for there to be a special complex crime, all the component
crimes must be consummated
Dehumanization removing qualities of human passion


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

Ex. handcuffing them, gagging and blindfolding them,
forcing them to dance,
Mere demand for ransom is enough, no need that it be paid
Ransom includes not only money but also things of value, price or
condition, may include benefits not necessarily pecuniary which
may accrue to the kidnapper
May one be liable for murder and kidnapping and serious illegal
detention with murder? Yes
Pp v. Delim primary purpose of the offender is material in
determining the crime; if primary purpose is killing, murder; if
deprivation of liberty then killed victim, kidnapping with homicide
Pp v. Nuguit 420 P 530 accused accosted victim, abused and
kept her in the room for an hour, then raped her, crime is rape and
not kidnapping as the original purpose is to rape the victim
Distinguish this from Grave Coercion Pp v. Astorga 22 Dec 1997
accused and victim where strolling in school grounds where
accused led victim to another town, child wanted to leave but
accused did not let her, parents saw them, not kidnapping but grave
PD 532 if kidnapping is committed here, penalty is death
*Pp v. Mendoza 254 S 61 for the kidnapping of a person on the
highway to be a crime under PD 532, the seizure must be directed
not only against specific or preconceived victims, but against
anyone; of specific, kidnapping
Prosecution must prove that offenders are organized for committing
kidnapping indiscriminately

21 September 2010

Art. 267

Minor means minor as defined by special laws

Kidnapping and serious illegal detention are two separate concepts

Kidnapping denotes a taking of the victim

Serious illegal detention consists in mere deprivation of
There is a specific intent, which is deprivation of liberty
No need for actual deprivation of liberty, even if free to roam
around, but cannot go home or go anywhere, there is still
deprivation of liberty (Pp v. Castillo 425 S 136)
If there is a logical connection between the killing/raping of victim of
kidnapping and the kidnapping, there is a special complex crime of
kidnapping with homicide/rape
o Not even required that another person do the killing
o Pp v. Job victim was killed by police officers who tried to
rescue him in the course of a crossfire, accused guilty of
kidnapping with homicide
o Pp v. Larranaga death if there is torture, which is
analogous too dehumanizing acts

This has been amended by RA 9745, which

considers torture as distinct from dehumanizing
Illegal detention v. coercion
o *Pp v. Astorga 22 December 1997
Special Complex Crime of Kidnapping with Rape/Homicide
o If both raped and killed, kidnapping with rape, homicide
not an aggravating circumstance but may be used as basis
of civil liability
o If there was ransom, it is kidnapping with homicide for
If victim subjected to attempted or frustrated homicide/murder, this
is separate from the crime of kidnapping, do not use Art. 48
For rape/homicide/murder to be a constituent element of the special
complex crime, it must be consummated
FINALS QUESTION: What if kidnapped and raped a pregnant
woman, and she had an abortion? What crime/s were committed?
Pp v. Nuguit 420 S 433 if the intention of the offender was to rape
the victim but the victim was detained before she was raped, the
crime is rape, and not kidnapping with rape, as the original intention


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

was to rape the victim and the detention was only incidental, the
purpose was not deprivation of liberty
Murder and kidnapping with murder as two separate crimes? Yes,
Pp v. Baldugo killed son of employer then kidnapped and killed
the other child, 2 crimes: murder and kidnapping with murder, as
the killing of the first child was already consummated at the time the
second was kidnapped and killed
If the purpose is to kill the victim and the deprivation of liberty is
only an incident, the crime is homicide/murder
Ransom anything required or demanded by the offender as a
consideration for the release of a person kidnapped; may include
benefits, not necessarily pecuniary, that may accrue to the offender
as a condition for the release of the victim

Art. 268

Slight illegal detention

o Offender is a private individual
o Kidnaps or detains another or otherwise deprives him of
o Detention is illegal
o None of the circumstances in Art. 267
Day = 24 hours from deprivation
Escape or rescue of victim is not an exempting circumstance
Voluntary release of victim is not an exempting circumstance, only
serves to reduce the penalty
Person who furnishes place of detention is an accomplice

Art. 269

Arrest another for delivery to authorities but without lawful cause

Proper authorities are those authorized to arrest another and file
the appropriate charges

Art. 270

Pp v. Ty 263 S 635
o Offender entrusted with custody of minor
o Deliberately fails to restore said minor to his parents or
Does not amend Art. 267 as the intent is different
Essential element here is the deliberate failure or refusal to restore
minor to parent or guardian, this is the intent here
o Must be premeditated, intentional, malicious
Pp v. Pastrana 436 P 127
Parents may be liable for this

Art. 280

Trespass to dwelling
Accused enters the dwelling of another without the latters consent
But if enters dwelling to commit a crime, and commits such crime,
no trespass to dwelling, dwelling is aggravating
If enters house not for the purpose of committing a crime, but once
entered commits a crime, 2 crimes
Refusal of consent need not be express
Even if occupant only an tenant or lessee, still trespass
Pp v. Medina 55 P 134

Art. 281
Unlawful arrest
May be committed by private individuals and public officers other
than law enforcement agents


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

Art. 282

Grave threats
Those made with deliberate purpose of creating in the mind of the
victim a belief that the threat will be carried out
Intimidation here is conditional, and not necessarily personal, may
be caused by an intermediary
If no condition, threat must be serious and deliberate
If the threats form part of the element of violence or intimidation in
the commission of the crime intended to be committed, said threats
are absorbed (ex. threatening to kill unless she gave in to sexual
advances of accused, the crime is rape)
o EXC. Art. 312 if grave threats constitute force or
intimidation in vacating property, not grave threats but
usurpation of real rights over property
Distinguished from robbery/extortion
o Grave threats depends upon moral pressure
o If crime consists of securing on the spot the property of the
victim, robbery
*READ: Pp v. Osorio 21 P 237
Fortono v. Pp
As many counts of grave threats as the number of people


Barbasa v. Tuquero 28 Dec 2008

Elements of grave coercion
o A person is prevented from doing something not prohibited
by law


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo


Distinguish between grave coercion and SID/K?

o Grave coercion there is no intent to deprive another of his

SID while there is also intimidation, there is deprivation of

If used to prevent people from seeking grievance or peacefully
assembling, violation is under Art. 131 (disturbance or prevention of

peaceful meeting.)
Threatened the owner of a property, intending to take his property from


Art. 293 ROBBERY

him. (Ended up killing him.)

o Art. 312 Usurpation of real rights over real property
o May be liable for grave threats or homicide, as the case may

But may be absorbed by the violence provision in

Art. 312
Forcible abduction will result, not grave coercion, if there is lewd design.
Distinguish between grave coercion and robbery.
o See above. (Jajas notes)

o 1. Personal property of another
o 2. Unlawful taking
o 3. Intent to gain
o 4. Violation or intimidation against persons OR force upon
Relied on US SC decisions
P v. Tan:
o Taking in theft and robbery taking of anothers property,
depriving the latter of possession of property, through force,
violation, or intimidation, or force upon things, with intent to


Valenzuela v. P no more frustrated robbery, just attempted or



Includes trade secrets (Air Phil. v. Pennswell)

Not patented but known only to a few individuals

ESSENCE: taking of personal property out of possession of
another without privity or consent and without animus

Maderazo v. P Crime of other light coercion and unjust vexation

includes human conduct while not leading to physical harm or without

use of force or intimidation.

o TEST: Annoyance, irritation, disturbance to victim
Crime of dolo
Unjust vexation or acts of lasciviousness may be deemed preparatory

revertendi (intent to return)

Must concur:
o 1. Taking (physical act)
o 2. AND intent to gain (mental act)
Taking need not be permanent. (Salvilla even brief possession

consummates the crime)

What do you mean by personal property? Does it include

acts for the crime of rape

o Ex. Vexed the woman first, then kissed her all over first. This


all depends on the accused persons intent


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo


Yes. Laurel v. Judge. Placed overseas call to Japan,

from theft or robbery, even if it turned out not to be his. If the

connected through Philippines (ex. PLDT). The accused set up

a corporation and put implements on the underground cables
to divert the call, so they wouldnt pass through the PLDT, and

instead pass through the corporation.

What is taken here are services provided by PLDT. The

deprivation is for services to collect cost of calls.

Any act to transfer possession, which can be done through the


hands of the offender, or through any mechanical device such

as access devise cards, which controls destination of the
property stolen, or meter tampering, fraudulent obtaining of

gas, or diversion of overseas calls

Wire-tapping of electricity: must tap between area of entrance of wire up

the meter of the consumer.

Intent to gain can be established through overt acts of offender before or

claim is made in BF, then it is theft or robbery.

At best, it is just coercion.

o Includes any property NOT included in the enumeration of real


Yes. US v. Albao
When is it robbery or theft?
o The crime is robbery, not theft, if there are acts of violence, or
intimidation before asportation, to enable the person to take the

after the taking of personal property. Intent to gain presumed from

injuries as the case may be.

Exception: Robbery with homicide, and robbery with

be presumed only if there is evidence to the contrary.

o Not necessary that the offender ACTUALLY gains, because


Not limited to just pecuniary benefit, but also utility, satisfaction,

enjoyment, and pleasure
Ex. Gasoline boy took a parked car and went on a joy ride. He
claimed that he did not intend to take it. But here, there was

gain because there was enjoyment, utility, satisfaction, and


Even mere use of property taken is already gain under the

Gain rebutted by evidence that he took property because he
claims to be the owner of the property. The person is exempt

If violence or intimidation was done after possession was
taken, he is only liable for theft, grave coercion, or physical

taking another persons property without consent. Intent to gain cannot

intent to gain is enough.

And capable of appropriation
N.B. Includes electricity, phone services, and the like
Can contraband property (ex. Drugs) be subject to

o Unlawful coercion, duress, putting owner/possessor in fear
o Attempt to take property of another with threats of bodily harm
o No requirement of material violence it is NOT indispensable
for there to be intimidation
Is it possible that one is guilty BRD of theft/robbery even if thing
stolen is not offered in evidence?
o Yes. P v. De Jesus. Because the person may have destroyed

the property, thrown it away, etc.

As long as the corpus delicti is proved, the unlawful taking of

personal property, there can be proof BRD.

Is snatching theft or robbery?


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo


Depends. If the victim is not subject to violation or intimidation,

it is just theft. If the owner is wounded through violence or

there is intimidation, it is robbery.

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

infanticide, parricide, murder, etc. There is no robbery with multiple

author of the crime of theft/robbery. (Mabunga v. P) How recent is recent

o Possession may be actual or constructive. The property may

Homicide is used in its generic term. There is no robbery with

DO NOT use the 2nd or 3rd killing as aggravating. Its just robbery or
What do you mean by reason of the crime of robbery?
o The homicide/other constituent crime was not committed in the
course of robbery, or shortly thereafter, but there is a LEGAL

be in the actual physical control of the offender or in the

connection, intimate relation in the commission of robbery

Ex. Killing the victim to prevent the person from

possession of another, but under the control of the offender.

Ex. I stole something but pinatago ko sa kaibigan ko

o Accused must not be able to explain his possess satisfactorily.
When is the presumption conclusive?
o If the accused fails to explain any innocent origin of his

possession, and the possession is fairly recent, and it is



without intent to kill, he accidentally killed a hiding person.


HELD: Robbery with homicide. (Not robbery with homicide

through reckless imprudence even if it is by mere accident, it

RA 7659 There is now a special complex crime of robbery with

intentional mutilation
There is also robbery with arson
Art. 48 will not apply for crimes here in Art. 294
Can there be robbery with homicide through reckless imprudence?
o No.
The other crime must be consummated.
May Art. 48 apply if the constituent elements are not

o Yes. If one crime is done to commit another, or a single act


is robbery with homicide)

What if the person killed is one of the robbers himself?

Doesnt matter. Its still robbery with homicide.

Even if the guy who shot a robber is also a fellow

Is there robbery with homicide AND rape?
o No. As long as there is homicide, it is ALWAYS just robbery

resulting into two or more grave or less grave offenses, and

one constituent crime is not consummated.
Otherwise, if both consummated, then its a special complex

It doesnt matter if it happens before, during, or after
P v. Mangulabnan Person was robbing a house. Heard
rumbling noises in the attic. Shot a gun at the ceiling, and even


reporting to the authorities

Ex. Killed noisy neighbor who shouted

with homicide.
But the rape still has corresponding civil liabilities.
If a house is burnt to kill another, it is robbery is homicide, not

robbery with arson or robbery with homicide and arson

Irrespective of number of people killed or rape, it is just robbery with
homicide or robbery with rape.


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

If the original intent is to kill or to rape, but as an afterthought, he stole

from the person he killed or raped, then there are TWO CRIMES.
o Separate crimes of homicide and robbery
o Separate crimes of rape and robbery
Can there be robbery with homicide, if aside from intent to gain,

there is another motive (ex. He wanted to kill the guy)?

o Yes. As long as there is intent to rob, even if there are other

o Yes.
May there be a crime of robbery with force upon things with
robbery with rape or robbery with homicide?
o No. Robbery with force upon things cannot be complexed with

motives, it is robbery with homicide. (P v. Tidula)

BUT: P v. Tidong (J. CALLEJO does not agree) X is

robbery with rape (or homicide)

Robbery with rape: must be accompanied by rape.
o AS LONG AS THE ORIGINAL intent is to rob
o Even if the rape was committed even before asportation
o The intention to rob must precede the rape, even if the actual

employee of Juan, who fired him. X seeks to recover unpaid


wages; Juan refused. X said kung di mo ako bayaran,

jewelry as a memento, there are two crimes of robbery and

sasaksakin ko anak niyo. X got the money, then killed the

child. HELD: Robbery with homicide, because there was
intent to rob.

J CALLEJO does not agree because the wages are

his in the first place.

P v. De Jesus A group of robbers were robbing in Makati. One of the

Even if there are multiple rapes, it is just robbery with rape.
o P v. Bercelles Even if each of the accused raped the victim,

woman. HELD: Robbery with rape. The second rape and

shoot out happened. Another robber got shot by the police. HELD:

insertion of the finger are absorbed. Even the insertion of a

Robbery with homicide. EVEN IF the shoot out happened in some other
place, it was intimately connected to the robbery. Also, it does not

matter that it was a robber that got killed.

If a homicide is committed by one robber, ALL of them are liable for

finger was absorbed!

P v. Angeles Three robbers took victim of robbery in a taxi,
went to Quiapo. One robber made the other two go down, then
he took the woman to a motel. HELD: All of them were guilty

robbery with homicide. (One merges his will into the common intent.)
o Pagalasan any crime committed by the conspirator incidental
to execution of common design in included in the crime.
EXCEPT: when one of the robbers overtly attempts to prevent

there is only one crime of robbery with rape.

P v. Suyo (a very special case) accused robbed the victim,
raped her twice, then he inserted his finger in the vagina of the

robbers was shot. There was a chase all the way to Laguna, where a

robbery comes after.

Thus, if the accused raped the victim and just he took the

of robbery. The other one is also liable for rape, separately. If

the place of the rape is far from the situs of the robbery, there
are TWO crimes, but not robbery with rape. [separate crimes.]
Robbery with arson arson must be contemporaneous to robbery

the homicide. He is just liable for robbery, even if he is

Even a look-out is a PDP, because the conspirators are given


specific tasks to further the crime. P v. Escober

There is no special complex crime of theft with homicide.
Robbery with homicide does it absorb physical injuries?



Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

Band here is in the nature of a SPECIAL aggravating circumstance

and cannot be offset by a generic MC.

o BUT for robbery with homicide/rape/intentional mutilation/arson

ONLY just a generic aggravating circumstance

Art. 296 provides that if any of the firearms used is unlicensed, the
penalty is the maximum period. Was this amended by RA 8294?
o Yes. Art. 296 has been amended by RA 8294. Here, the

find any property there. It is NOT frustrated robbery but

attempted robbery.

Here, an offender uses force or violence to execute a document.

What kind of document is referred to in 298?

o Public documents only. It does not include private documents.
If it is a void document, will that be robbery under 298? Robbery

unlicensed firearm will NOT increase the penalty to its

maximum period anymore.

Art. 296 Firearm here can be licensed or unlicensed.
o Arms can includes bolos and clubs.
If one is a member of a band, may he be not liable for crime of
robbery, if he tries to prevent it?
o Yes. Even if he is a member of a band, if he prevents the

robbery or tries to, he is not liable.

PD 532 highway robbery or brigandage
o P v. Puno there must be evidence of indiscriminate

presuppose damage caused to the victim, but since the document

is void, this means he does not lose anything. Can it still be

Has this provision been nullified by P v. Valenzuela?

o Yes. It is rendered nugatory as far as FRUSTRATED robbery
is concerned.

o No, it is grave coercion.
The offender compels by violence or intimidation the victim to
execute a document but he died due to heart attack. What is the
crime, 298 or 294?
o 298, but even so, the penalty is still governed by 294 par. 1, as

commission of the crime of robbery for PD 532 to apply


P v. Dagundung Offender entered the property but he did not

provided in the last sentence.



There is a provision here about use of fictitious name to rob. How

Homicide in 297 is used in its generic term. The homicide must be

does this differ from Art. 178, where there is also use of fictitious

If the crime of homicide was committed with treachery. Can

o Here, to enter the house, with intent to rob. In 178, to conceal

treachery be used as a generic aggravating circumstance?

o Yes. In other situations, if there is treachery, it becomes
murder. But there is no such thing as robbery with murder. So
it is robbery with homicide, with the generic aggravating
circumstance of treachery. (P v. Escote)

crime, etc.
Do you apply Art. 48?
o No, because use of fake name is an element of the crime.
Same as with simulation of public authority.



Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

What is an uninhabited place?

o Synonymous to an uninhabited house
If committed by a band, what is the effect to the robbery to an

still taking without consent even if the original owner is

uninhabited palce?
o Maximum penalty. (?)

dead). There are two crimes here: homicide and theft

How many modes to commit theft?
o 1. Take another persons property without his consent
o 2. Offender finds lost property and he does not return it to the
owner or the authorities

Local authorities

Can this be committed by culpa?

No. There must be DELIBERATE refusal to

Were article 306 and 307 of the RPC amended by PD 532 (Anti piracy
and anti highway robbery law)?

No, it did not. The crime in PD 532 is a separate crime from Arts. 306
and 307.
Art. 306
o there must be three or more armed robbers here
o mere conspiracy to form a band of brigands is already a crime
o particular robbery against particular victim
PD 532
o even just one person can commit the crime
o the act must be committed by the person
o There must be indiscriminate highway robbery, and must be
organized to do so;

of taking the theft.

Ex. When a person was killed first, then as an

hunt or fish, or gather crops

May stolen property be the subject of theft? (Nanakaw na nga,

community and the violation of personal rights

How do you establish intent to gain?
o Acts preceding, contemporaneous, or subsequent to taking.
Can there be intent to gain if the purpose is to conceal a crime?
o Yes. Benefit is not always material, it can be any kind of
benefit to amount to gain.
Is there presumption of theft?
o Yes, when a personal is found in possession of recently stolen
property and he cannot explain how he came into possession

force upon things.


When the violence committed was not for the purpose

by him
4. Enter enclosed property where trespass is prohibited, then

ninakaw pa ulit)
o Yes. The law does not distinguish.
o P v. De Leon what is punished is the alarm caused to the

May a crime be theft even if there is violence used to take away

personal property of a victim?
o Generally, no. There must be no violence or intimidation or

return or deliver to authorities.

3. A person who malicious damaged property of another, shall
remove or make use of fruits or object of the damage caused


of such. Then it will become conclusive.

How recent is recent?

Case by case.
If a person is given property for a particular purpose, and that

afterthought, the criminal took the property. (P v. Dela

person took or misappropriate the property, would it be estafa or

Cruz the property goes to the heirs, so there was


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo


Theft; when only physical possession is given but juridical

property, under Sec Trans, where he can sell it if he is not

possession is kept by the transferor.

o What is given here is just DE FACTO possession, not juridical.
A bank teller, after receiving deposit, instead of giving it to the


bank, she takes it. What is committed?

o Theft, not estafa.
o The bank teller is a mere employee of the bank. As an
employee of the bank, she only get de facto possession of the

deposit. So it is theft. (Galang v. People)

Laurel v. Judge there can be theft of services. Under Code of
Commerce, services are personal property.
Can gas or electricity be stolen?
o Yes, using jumpers. So even intangible property can be

subject to taking.
RA 7832 also punishes theft of electrical property. So which is
applicable, 308 or RA 7832?
o Either under Art. 308 or RA 7832.
Can commercial documents, PNs, etc. be subject to theft?
o Yes, these have value.
In a case, the sheriff stole evidence stored in the vault of the court

the vault open. What crime was committed?

o Sheriff: theft
o Clerk or court: Malversation by culpa, since he has custody of
I own a car. I delivered it to the repair shop. I left it, and the owner
of the shop sold my car. What crime was committed, theft, estafa,
or carnapping?
o Theft. To determine between theft and estafa, ask: was the
possession de facto or juridical? Here, it was merely de
facto/material possession.

It does not apply here, because he hasnt even tried

repairing the car.

The SC had a decision saying this is estafa (Laura Santos

case). But J. Callejo does not agree with this.

When this case was decided, there was no carnapping law

yet. Should it apply now?

[No ?] I think yes.

What do you mean by lost in Par. 1 of Art. 308?
o The property must have an owner and is not yet res nullius.
If property is stolen and the thiefs identity cannot be deciphered,
can you consider the property lost?
o Yes.
Can loss stem from ones own faults?
o Yes.
I saw property and did not know who owns it. I gave it to the police
and he stole the property. What is the crime of the cop?
o P v. Avila said this is theft.
o But isnt he an accountable officer under Art. 217?

It can be argued that it is in custodia legis and he is

(ex. Gun, money, whatever), when the clerk of court mistakenly left

But doesnt the repair shop acquire a lien over the

an accountable officer, and it can be

MALVERSATION. I like this (J. Callejo)

What are the grounds to qualify?

o 1. Grave abuse of confidence
o 2. By a domestic servant
o 3. Stealing large cattle
o 4. Theft of mail matter
o 5. Coconuts
o 6. Fish from fishpond/fishery


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

Was this amended by PD 533, the anti cattle rustling law and RA
6539, the anti-carnapping law?
o No; these are SPL, according to the SC
Grave abuse of confidence?
o It must be a special relation of intimacy.
o Ex. Branch manager stole the jewelry under his custody.
If there is conspiracy, but one is trusted and the other is not, what
is the crime?
o Two crimes: qualified theft for the former, simple theft for the


months if committed without violence, intimidation, or force


latter (P v Saranilla)
How about a commission salesman of a corporation?
o P v. Maglaya: Just simple theft, because there is no evidence

the owner, driver, or occupant of the car is killed or raped.

If committed on the occasion of the carnapping,

matters, parcels, money orders, printed materials, etc.

Regardless if it is a postal corporation or a private corporation.

the case may be.

There are two kinds penalties provided, following RPC nomenclature
and not

crime. (Ex. Bystander)

For this to committed, the homicide, murder, or rape

If the homicide or murder is merely


even if the principal crime here is an SPL crime

If the person killed is anyone other than the owner,
driver, or occupant of the car, then it is a separate

What matters is that it is MAIL MATTER

Taking with intent to gain a motor vehicle

o Without latters consent
o Or force upon things
o Or violence/intimidation upon persons
How does it differ from theft/robbery?
o It addresses theft of motor vehicles belonging to another
o It deals EXCLUSIVELY with motor vehicles
o Without this law, the taking of motor vehicle is theft/robbery as

QUALIFIED carnapping
There is special complex crime of carnapping with homicide
or rape or murder. It is a single and indivisible offense. Here,

which are delivered through postal service. Includes mail

May there be qualified carnapping?
o If there is no person killed or raped, and there is only PI or
attempted/frustrated homicide or murder or rape the crime is

reposed confidence on him

What does mail matter include?
o Any matter that is deposited with the Phil. Postal Corporation

upon things
17 years and 4 months to not more than 30 years if with
violence, intimidation, or force upon things [penalty for qualified

except that he was a commission salesman that the employer

RP to death if there is homicide, rape, etc.

14 years and 8 months to not more than 17 years and 4

attempted or frustrated, then the crime is

qualified carnapping.
o DO NOT apply Art. 48 of the RPC.
Someone committed qualified carnapping (14 y 7 17 y 4 penalty)
and then sold the car to another person. Is he an accessory under

Art 19 of the RPC?

o NO. The nomenclature does not follow the RPC.
o But he can be a principal for FENCING.
What is a motor vehicle?
o Propelled by any power apart from muscular power


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

So a motorcycle is included. A bicycle is not. A

tricycle is included. A pedicab is not.

Using public highways, but exempted bulldozers, etc. which are

not considered motor vehicles

The latter are just subject to theft/robbery

P v. Calabroso
o If initial intent is to kill the driver, but stole the car as an
afterthought, there are two crimes committed. Homicide and

If the initial possession is lawful (since they rented the car), by killing the


driver of the car and then taking it for their own, it still became

time. He did not return it. The taxi was found abandoned in a place.
HELD: Although there was initially lawful possession, it transformed to

Theft of coconuts:
o If the coconuts are taken when they are still on the tree, or

carnapping with homicide. Even if the car was taken from the driver and
not the owner, it is still taking because there is no consent by the owner.
P v. Bustinera hired as a taxi driver to drive the car for a fixed period of

How can the Forestry Code by violated?

o Merida v. People
o Mustang Lumber v. CA
o Tigoy v. CA
Violation of Forestry Code is malum prohibitum.

deposited on the ground the crime is qualified theft.

If any other place, simple theft.


It is a single and indivisible offense.

It is possible that a single and indivisible offense is committed, but there
are as many penalties as how many acts of violence are committed.

illegal possession when he abandoned it in a secluded place:

o Crime is consummated even if the carnappers abandoned the

car after.
The offenders stole a truck and the personal effects contained


therein. What is the crime?

o Two crimes:

Carnapping as to the truck

Theft as to the personal effects

o The SC was wrong here, because it said qualified theft.


based on an obligation
o The law applies even if the property the offender is bound to
deliver is opium or something illegal/obscene

But he is also liable under Dangerous Drugs Act, or


May there be cattle rustling even if cattle is not taken?

o Even if large cattle is not taken, there can be cattle rustling if it
is killed and its meat is taken.
There may be a special complex crime of cattle rustling with homicide if

1. Altering substance of anything with value that offender should deliver

immorality provision in RPC, etc.

2. Misappropriating or converting, to the prejudice of another, money,
goods, etc.
o 1. Goods were assigned

a person is killed on the occasion of cattle rustling.


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo


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


receipt is also a violation

3. To the prejudice of another
4. Demand by offended party to return the money or property
What is any other obligation to make delivery or to

borrower is required to produced show money to establish

that she can repay the loan. But in a case, she borrowed the
show money from someone else. She used it for her own
benefit. HELD: Guilty of estafa. It was received in trust for a


It refers to contracts of bailment, lease of personal

property, deposit, commodatum because under any
of these provisions, there is JURIDICAL

POSSESSION by the depositary

In estafa, both MATERIAL and JURIDICAL

particular purpose, and there is obligation to return. By


possession is transferred to the offender

What is the difference between material and juridical

Possession which gives to the transferee a right over

offender and offended party

The transaction involved must not transfer ownership

to the offender
There must be a FIDUCIARY relationship between offender
and offended party.

There must be an agreement to return the same thing

or money
It doesnt matter if the obligation is guaranteed by a

bond or not
Without this relationship, there is no estafa
The duty to return the same thing or money is based

on MUTUAL AGREEMENT by the parties or BY LAW

When does fraud come into play?

When there is conversion or misappropriation.

misappropriating it, she is guilty of estafa.

Salazar v. P: Even a temporary disturbance constitutes
misappropriation. No need to be permanent.
What does prejudicial to another mean?

It need not be the owner of the property himself. It

can be another person, as long as there is damage

Manahan: An owner of a truck pledged it to another as security
for a loan contract. But then, he leased it to another and it was

the thing/property which he may set-up against the

Theft or robbery; there is NO transaction between

(Very nice case) In bank loan transactions, usually, the

stolen from the lessees possession. HELD: There was no

estafa, because there was no intent to misappropriate or

J. CALLEJO: Disagreed. The petitioner could not have

acted in GF, because he had already pledged it to

another as security for a loan. When the

Can there be estafa when there is no gain on the part of
the offender?

Case: a person was assigned jewelry to sell, with

commission. He was not prohibited from appointing a
sub-agent, so he got one. The sub-agent stole the
jewelry. HELD: The agent was acquitted because he

did not convert or misappropriate the jewelry.

Lim v. CA petitioner was assigned jewelry to sell by
commission again. He asked a friend to sell jewelries
to act like a sub-agent. The sub-agent stole the


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

jewelry. HELD: The agent was acquitted because he

did not profit or gain.

But is it possible that the agent is liable?

He is liable if he CONSPIRED with the sub

The agent cannot be liable for mere


No estafa. Because this is in the nature of a loan, and


it. HELD: there is obligation to return after repair. There was

another because there is no such thing as

but NOT the monthly amortizations from the lot buyers.

be liable.
May there be estafa in a loan transaction?

No. Because owner of the money loaned is

However, he received these and worse, he failed to remit

these. HELD: Accused is guilty of two sets of estafa:

As regards the lot buyers, he committed estafa

transferred to the borrower, even if the borrower can


through fraud or misrepresentation because he

pay back.
What about money market placement?

Sesbreno v. CA No estafa because it partakes the

nature of a loan.
What about bank deposits? Can there be estafa if the

money deposited is used by the bank?

None. Deposits are treated as loans to the bank, and


is covered by the nature of loans.

A teller of a bank receives deposits and misappropriates
these. What is the crime?

Theft, not estafa, because the bank teller is merely an

juridical possession, and thus, estafa.

Ilagan v. CA Ilagan was a sales agent selling residential lots
on behalf of a corporation. He was authorized to sell the lots,

sub-agent, but the agent still does, then the agent can

the employee obtains juridical possession of such.

Libuit v. CA the private respondent delivered his car to a
motor shop for repairs. The owner of the shop misappropriated

negligence in entrusting the jewelry to

estafa through negligence
BUT: if there is prohibition to entrust the jewelry to a

An employee who fails to account for cash advances for

confidence, because he did not remit.

How many counts of estafa?

Depends on how many offended parties/victims.

But if committed on different dates or occasions

there are as many counts of estafa as the number of

PD 155 Trust receipt transaction

A trust receipt transaction imposes upon trustee to

give the price sold if sold, or if the goods are not sold,

employee of the bank and only gets material


possession of the money.

In a sale of property and earnest money is given and the
money is used by the seller. Is there estafa?

No. Down-payment or earnest money forms part of

the purchase price. The seller can use this money,
even if the sale eventually does not push through.

claimed that he could receive monthly amortizations.

As regards the employer, estafa with abuse of

return them to the entrustor. Is a violation of PD 155

estafa under Art. 315 par. 1(b)

Violation of this constitutes estafa.
It is malum prohibitum. The only thing to be
established: prejudice caused to another. Mere failure
to deliver already constitutes the criminal offense.


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

When a person participates in the commission of a

crime, he CANNOT escape liability due solely to the

fact that he was acting as an agent of another party.

The NCC provisions on agency do not apply to

criminal cases.
3. Taking undue advantage of signature of offended party in blank

Distinguish between estafa through fraud from estafa through

abuse of confidence?
o Abuse of confidence conversation or misappropriation
o Fraud or false pretenses fraudulent acts simultaneous or

In illegal recruitment, can one be liable under both the Labor Code

establishment without paying

o Anything calculated to deceive
o Ex. Falsely representing that property used as security had


induced to part with his money or property

o 4. Thus causing damage
1. Using fictitious name, falsely pretending to possess power, influence,

qualifications, etc.
2. Altering quality, fineness, weight of anything pertaining to his art or

3. Pretending to have bribed any government employee
4. Post-dating a check, or issuing a check knowing that he does not

have enough to fund the check, and without informing the payee
5. Obtaining food or accommodation at a hotel, restaurant, etc. without
paying therefor, with intent to defraud
o Or obtaining credit through false pretense or fraud

mangoes, when it was really barren (Vasquez v. P)

Ex. I will sell you my property. But it really wasnt his.

(Arecheta v. P)
Caveat emptor doctrine does not apply. You cannot invoke the fact that
the victim was himself negligent. It doesnt apply to criminal cases.
Post dating a check:
o Can a person other than a drawer be liable?

Yes. Indorser or a co-conspirator.

o Elements:

1. Post-dating or issuance of check contracted at the

or Estafa under this provision?

o Both the Labor Code AND estafa. There is no double jeopardy
because the Labor Code is an SPL.
Essential elements:
o 1. False pretense, fraudulent act or means
o 2. Such must be made or exhibited prior to or simultaneously
o 3. Offended party must have relied on such and was thus

Or surreptitiously abandoning or removing luggage from

time the check was issued

2. Lack or insufficiency of funds to cover it
3. Knowledge of the drawer of this lack
4. Damage capable of pecuniary estimation to the

The fraud must be committed PRIOR or UPON the issuance of

the check.
The check MUST NOT BE for paying a pre-existing obligation,
because there is no more deceit in this case.

The drawer obtains no gain here, because the


consideration has already been delivered to him.

The date of the obligation, being the very date of the check, is
Must the check be negotiable?

Negotiability of a check is NOT the gravamen of the

crime, but the fraud or deceit in knowingly issuing a

worthless check.
Post-dating of a check, as long as when it is due, there are
funds, even when there are no funds at the time it was issued.

Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo


If the check is issued as a guaranty to secure a loan, there is

no estafa.
Issuing a check in exchange for cash:

Estafa, because you received something in exchange

How do you prove knowledge that there were no funds?

Direct evidence

Notice of dishonor from drawee bank duly received by

the drawer of the check and failure to deposit money

to cover the amount

Depositing required amount within 3 days of

notice of dishonor you escape liability

What is the effect of failure to deposit
within 3 days? Failure to deposit the

amount will give rise to presumption of

P v Oheda:
o The accused drew and delivered several post-dated checks in
payment of the goods, at that time that the check was issued,
the account was closed but didnt disclose this. There was a
notice of dishonor, the accused paid the amount by installment
(Ninoy died, so the economy was crazy), charged w/ estafa
o Defense: acted in good faith, because paid on installment, said
not receive any notice of dishonor as required by law and which
deprived of opportunity to pay w/in 3 days
o SolGen: even if this is a closed account, there is no more need
for the bank to issue a notice of dishonor
o SC: the accused acted in good faith, from date of check, tried
to pay by installment, though not able to complete the same,
because of the havoc on the economy. Also said there was no
notice of dishonor and this failure of the bank deprived the
petitioner of the chance to pay the amount of the check. Since
deprived because of absence of notice, there can be deceit
under the circumstances.

SC: even if the account is closed, still need to issue notice of

dishonor to allow person to pay, if not give notice, fatal!
Accused was acquitted.
Lopez v P:
o Check bounced, closed account, is the bank required to issue
a notice of dishonor considering the account was closed at the
time the check was issued?
o SC: if the account is already closed there is no more need to
issue a notice of dishonor, based on the NIL

The drawer of the check had no right to be given a

copy of notice of dishonor because there was no use
of giving it since there was no deposit in the first place
Callejo: which do we follow? Division SC binding on other divisions SC.
Callejo said should have referred case to SC en banc. This problem was
given in the last bar!
May a person other than drawer be liable for estafa? YES if there was
conspiracy 484 SCRA 611

BP 22

Even the issuance of the worthless check as a deposit, guaranty or preexisting obligation, not estafa but BP 22
Charged w/ both if issued b/c of current obligation
Navarro v CA 234 SCRA 639: under BP 22 the drawer of the check has
a period of 5 days from notice of dishonor (unlike RPC 3 days)
Under NIL check is stale after more than 6 months (180 days) is there a
need to issue a notice of dishonor at the time it was presented for
o Bautista v P 351 SCRA 111: only consequence is no prima
facie presumption of knowledge of no funds, still be held liable
if able to prove had knowledge
Velasco v P January 18 2008: Velasco went to Shangri-la, ordered food
for 4, didnt pay for food estafa
Other forms of swindling
Mallari v P Dec 13 1988 (delito continuado)


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

398 SCRA 364 gravamen of the crime is disposition of legally

encumbered property w/ express representation that property was not
o remember there must be express representation
o if no representation, no estafa


Ginhawa v P 468 SCRA 278 other deceit: owner of an establishment

that sells cars (read this case!)
What do the words deceit include?
o Includes concealment of the fact that the car was not brand


dont take finals w/o studying arsons!!

P v Soriano 407 SCRA 667

o Only one crime of arson no matter how many houses were
P v Malnan 503 SCRA 294
No arson w/ homicide
If purpose to kill, and burned in order to kill murder
If purpose is to burn, but when burn someone inside died arson!
Homicide is absorbed, but there is civil liability for death
If kill person, brought to house, burned house to conceal murder AND
Supposing he burns his own property is he liable?
o He may be liable if other peoples property is damaged
P vs Bueno (103 Phil 183) there can be reckless imprudence resulting
to arson (in relation to Art 365 RPC)
P vs. Valdez: is there frustrated arson? Burned sacks, soaked in
kerosene, fire extinguished before burned. BUT ACCDG TO CUELLO,
Only consummated or attempted! Arson is consummated no matter how
small burned portion could be.

Beltran v. PP 389 Phil 447

Married woman may be liable for adultery even if marriage is declared
null and void after commission of adultery bec nullity of marriage afer
adultery does not affect crim liab of accused. By time judgment final,
already done.
Adultery not continuing crime.
Each sexual intercourse consummates crime. Single impulse test NOT
applicable. Sex 5 times, adultery 5 times. Every sex, 1 adultery.
Can there be frustrated adultery? Accdg to Pacheco, there can be NO
attempted adultery. BUT prevailing opinion in Spain says there can be
attempted adultery. Caught in hotel in act of undressing, about to have
sex. There can be attempted, but there can be NO frustrated adultery.


Arcaba v. Bataocael 421 Phil 1096: cohabitation means living

together as husband and wife, not merely living together under 1
roof, but also sexual intercourse.
Merely visit, NOT concubinage


distinguish from attempted rape

Lizada v P 396 scra 62: depends on specific intent, intent to lie with
woman? Woman sleeping, he disrobed, then went on top of
woman, brother of woman arrived, so he ran. NOT acts of L, but
attempted rape! He was already naked. Intent to lie.
In lizada, what are overt acts? (element of felony)


Criminal law review | Glenn Tuazon edited by Y. Sanchez | Justice Callejo

Not resistance, not voluntary, because he stopped bec brother

came. Attempted already.
Must be lewd design
457 Scra 282 Aployo vs. P: lewd is something indecent or obscene,
designed to incite crude sexual design
lewd design may be inferred from nature of act committed and
occasion acts were committed.
P v Olivares 465 scra 465: relate to RA 7610: lascivious conduct
may be committed under RA 7610, victim of child abuse.

years, said already dead, must there be a declaration of presumption

o There must be a declaration of the death!
Abunado v P 426 SCRA 562: had a spouse, married again, to avoid
being prosecution for bigamy, filed petition for annulment of first
marriage, granted
o Still liable for bigamy! There must be judgment of nullity first
Genebro v CA 423 SCRA 272:

Abuse of confidence is inherent, not aggravating circumstance
Study forcible abduction. Distinguish arbitrary detention Art 124;
kidnapping Art 267 diff lies in specific intent
Abduction: lewd design
Abduction may be absorbed by rape if intention was to rape. If bring
woman a bit far, then abduction.
30M away, Rape because abduction absorbed.
Forcible abduction w/ rape: 2nd rape is a second separate crime
from forcible abduction

DRUGS 9362 9354 ETC

Study adultery and concubinage very well!

Did RA 8353 completely repeal Art 344 RPC? NO. only AMENDED,
not repealed.
Art 345: what are the civil liabilities of the offender/offenders?
o Several principals by direct participation of rape, if woman
liable for rape, who is liable?
393 Phil 878
P v Magtibay August 6 2002

349 Bigamy

Manuel v People 476 SCRA 461 (Callejo decision): manuel invoked the
presumption of absence of the absent spouse, because absent for 12