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CRIM II – MIDTERM TRANSCRIPT –

from Fiscal Carillo
ART 185 Machination in public auctions

Par 3
1. Manufacturer;
2. Producer; or
3. Processor

Acts punished:
1. The offender solicits as a consideration
from refraining from taking part;
2. The offender attempts to cause
bidders to stay away from the auction
Mere solicitation/attempt consummates the
crime
Intentionauctioned.

reduction

of

the

price

-of any merchandise or object of
commerce; or
4. Importer of any merchandise or object
of commerce from any foreign country
Either as:
a. Principal or agent;
b. Wholesaler;
c. Retailer
Who:
 combine
 conspire, or
 agree in any manner

and

This protects the integrity of the public
auction that it is open to everybody.
ART 186 Monopolies and combinations
in restraint of trade. (walay pulos mani,
so himuon nto memoriza nlng ni para
sayon)
Acts punished:
Par 1
1.
2.
3.
4.

Enter into a contract
Enter into an agreement
Take part in any conspiracy
Take part in any combination

Offense affects:

In restraint of trade or commerce, or
Prevent by artificial means free
competition in market

Par 2
1. Monopolize any merchandise,
object of trade or commerce;
2. Combine
with
any
person
monopolize said merchandise
object;

1. Making transactions prejudicial to
lawful commerce, or
2. Increasing the market price of the
merchandise
or
any
at…
the
manufacturer of which the said
merchandise is used.
Qualifying circumstance for all 3 acts:

-all acts must be:

… with any person for the purpose of:

or
to
or

In order to alter the price thereof by;
a. Spreading false rumors
b. Making use of any artifice to
restrain free competition in the
market



food substance;
motor fuel or lubricants;
other article of prime necessity.

If
committed
association:


by

corporation

or

president;
directors;
managers

-who knowingly permitted or failed to
prevent the commission of the offense is/are
liable.

PART 2
ART 187 Importation and Disposition of
Falsely Marked Articles or Merchandise
Made of Gold, Silver and other precious
metals or alloys
Elements:
1. The offender imports, sells or dispose
of articles or merchandise made of
Gold, Silver or other precious metals
or alloys.
2. The merchandise or articles fails to
indicate actual fineness or quality.
3. The offender knows that the article or
merchandise fails to indicate such
fineness or quality.
What is punished here is that you do not
indicate the true quality. So those who deals
or sells these merchandise must indicate the
actual quality of the precious metal.
RA 8293 Intellectual Property Code

The three more common/relevant
criminal offenses under the IPC are:
o Infringement (Sec 155)
o Unfair competition (Sec 168);
and
o False designation/description or
Representation (Sec. 169).

Infringement.
Mark may refer to trademark (goods) or
Service mark (services).
Marks PURPOSE – IS TO distinguish the goods
or services of one person from that of
another and to indicate the origin or
ownership.
Elements of infringement

1. Validity of plaintiffs mark;
2. Plaintiffs ownership of the mark;
3. Use of the mark or its colourable
imitation by the offender likely to
cause confusion.
a. FOR COLOURABLE IMITATION
TO BE PRESENT IT MUST
LIKELY
TO
CAUSE
CONFUSION.
IF YOU CAN ESTABLISH THAT A MARK
HAS BEEN REGISTERED IN THE IPO,
THEN IT ESTABLISHES THE FOLLWING
DISPUTABLE PRESUMPTIONS:
Registration with the IPO
Certificate of
evidence of:

Registration

prima

facie

1. Validity of registration;
2. Ownership of mark;
3. Exclusive right to use mark.
Cannot be registered.
1. Generic,
2. Common descriptive names,
3. Genus of which a product is a species,
EX. FLOWERS, BREAD, LECHON
4. Commonly used description of a kind
of goods.
3rd element: Colorable Imitation
MOST IMPORTANT FACTOR.
This term has been defined as “such a close
or ingenious imitation
as to be
calculated
to
deceive
ordinary
purchasers, or such resemblance of the
infringing mark to the original as to deceive
an
ordinary
purchaser
giving
such
attention as a purchaser usually gives,
and to cause him to purchase the one
supposing it to be the other.” (EMERALD vs
CA)
IN THE SAME CASE A QUESTION WAS ASKED
IF CAN AN ORDINARY PURCHASER BE
DECIEVED INTO BUYING A PAIR OF

goodwill doesn’t need to be. or device. So you need to prove to court that goodwill has been established by the plantiff of the particular product. has property right in the goodwill of the said goods. business or services for that of another who established goodwill of said goods. . Unlike infringement that it needs to be registered. in connection with any goods or services or any container for goods.FANTASTIC MR. FILIPINOS ARE DISCRIMINATING PURCHASERS. FILIPINOS BUY THEIR JEANS BY THE BRAND. Any person who shall permit illegal gambling to be carried on.1. qualities. …likely to cause confusion. Taking part (directly or indirectly) in any illegal or unauthorized activities or games. WHEN YOU SPEAK OF AN ORDINARY PURCHASER ESPECIALLY IN THE CASE OF JEANS YOU DON’T TALK OF A TOTALLY UNAWARE BUYER. (SEC 168. Confusing similarity in the general appearance of the goods 2. YOU TALK OF A PERSON WHO IS WELL INFORMED OF WHAT HE IS ABOUT TO BUY. business or service so identified. uses in commerce. PART 3 PD 1602 Gambling. 4. or promotion. sponsorship or approval of his or her goods. or geographic origin of his goods. services or commercial activities or: …in commercial advertising. Here you pass of your goods so it is not necessary you use the marks but anything to pass off your goods as that of somebody who has greated goodwill of the same goods. JEANS ARE NOT INEXPENSIVE. You do not need to imitate or give it the appearance the goods but what you need is to decieve the public that your goods are the same as the one who created the goodwill. connection or association of such person with another person as to the origin. The essence of unfair competition is the passing off of ones goods. IPC) Elements of unfair competition 1. or false or misleading representation of fact. Unfair competition has a broader coverage because infirngement only refers to marks. business or services. a. Unfair competition Any person who has identified in the mind of the public the goods he manufactures or deals in. name symbol. HOW MUCH IT COSTS AND ITS DISTINGUISHING FEATURES. False designation Any person who. 2.What is important here is that somebody has generated something through his goodwill. characteristics. acts punished: 1. Maintainer or conductor. or deceive as to the affiliation. LEE JEANS SUPPOSING IT TO BE LEE JEANS? SC SAID NO. 3. services or commercial activities. term. . Maintainer is the person who sets up and furnishes the means with which to carry on gambling game or scheme. false or misleading description of fact. misrepresents the nature. any word. BECAUSE OF THIS YOU GIVE IT A LOT OF ATTENTION WHEN BUYING. b. Conductor is the person who manages or carries on the gambling game or scheme. THE WORDS FANTASTIC MR. Intent to deceive. or any false designation of origin. his business or service from those of others. whether or not a registered mark is employed. Illegal gambling includes activities that depend upon skill where betting is conducted. LEE ARE TOO IMMINENT TO CONFUSE A PURCHASER OF SUCH JEANS.

5. What do we mean by obscene? PP vs KOTTINGER. without any lawful purpose. *RA 9287 increased the penalties for numbers games. enclosures which have the reputation of a gambling place or where gambling activities are being held. Immoral Doctrines. A barangay official who. and Talking at the sidewalk *only the cochero and one daughter saw the accused Samniego at the lower level of the house wearing only his drawers. To entertain foreign dignitaries or tourists. city. and b. possess lottery lists. 3. GR NO 20569. these are pictures of naked women as they would appear in their villages. Ordinary performs an act. Public/public knowledge SAMANIEGO (16 Phil 663). Security guard/officer. Obscene publications and exhibitions. 29. exhibited. So are these enough to convict them of grave scandal? SC said no. They did not make any unsual poses or exgerated sexually message in the postcards. published or gave away such materials. 2. Here only two seen the accused. municipal. PD 449. numbers or symbols pertaining to jueteng. Was it obscene? SC said no. Publicity FACTS: a married woman was seen… Evidence: ART 201. It is obscene because what is obscene is… . and indecent shows. watchman.    Seen walking together at the botanical gardens. of hotels. Any person who knowingly. The element of publicity is missing. agricultural. papers containing letters. b. of the 4 incidents there was nothing scandalous. jai-alai. Publicity requires the public to scandalized. publication. The offender sold.a. 4. villages. commercial or industrial fairs. with knowledge of the existence of a gambling house or place in his jurisdiction fails to abate the same or take action in connection therewith. ART 200. etc. Cock Fighting Law of 1974 Cockfighting allowed only in a licensed cockpit during:     Sundays and legal holidays Local fiestas (not more than 3 days) Provincial. etc.. it is not enough. jai-alai. eg jueteng. Oct. Looking for a house to rent they spent a few hours in the house and came out. 1923 FACTS: accused was selling postcards with naked women on the post cards. Act is not any other felony. Elements: a. Grave Scandal Elements: 1. carnival or exposition upon resolution of local leg upon approval of Chief of Constabulary or rep. The materials. buildings. “balikbayans”. Act is highly scandalous. picture or literature are obscene. fund-raising campaigns for charitable purposes.

d. One who neglects to apply himself to some lawful calling. For money or profit. Engage in sexual intercourse or lascivious conduct.not prostitution must be done habitually. Or places tramping or wandering around (w/o visible means of support). One who loiters in inhabited or uninhabited places w/o any lawful or justifiable purpose. 1998 Swimming instructor liable for malesting a student who said no. Whether to the average person. sexual conduct specifically defined by the applicable state law. Lacks serious literary. applying contemporary standards would find the work. Oct 7. Dec 6. GR 159751. Whether the work depicts or describes. 2006 (READ TO UNDERSTAND MORE WHAT IS DECENT or NOT) Test of Obscenity Latest guidelines: a. or scientific value. *RA 9208 ART 203 Public Officers “…every public servant from the highest to the lowest. Habitual – kung panalagsa ra. Women 2. “indecency” is an act against good behaviour and a just delicacy. Vagrants and prostitutes. appeals to the prurient interest. -fiscal analyst for the city of Zamboanga – PP vs KULAIS.The word “obscene” and the term “obscenity” may be defined as meaning something offensive to chastity. all serving sentence released. pimps who habitually associate with prostitutes. Vagrancy decriminalized. One who loiters around public or semipublic bldgs. taken as a whole.” (MANIEGO vs PP. political. and e. and c. taken as a whole. 1998 . im just a private life guard at UP not public officer. and 4. Prostitutes. 2012) All pending cases dismissed. decency. Prostitutes Elements: FERNANDO vs CA. if physically able to (w/o visible means of support). July 16. pang load. you are receiving something from UP it means you are a public officeras well as a pervert. pang tuition . ART 202. … deprave of corrupt those whose minds are open to such immoral influences and into whose hands a publication or other article charged as being obscene may fall. 88 Phil 494) Examples: -swimming instructor at UP Los Banos – PP vs LARIN. c. Another test of obscenity is that which shocks the ordinary and common sense of men as an indecency. 3. or delicacy. RA NO 10158 (April decriminalized vagrancy. b. (has been decriminialized) Offenders: a. Idle or dissolute persons who lodges in houses of ill-repute and ruffians or 1. artistic. b. in patently offensive way. Whether the work. SC said no.

wa sya kabalo sa balaod. Judge. 4. Delays the administration of justice. a writ attachment and other else. There is a proceeding in his court. He: a) knowingly renders unjust interlocutory order or decree or b) renders manifestly unjust interlocutory order or decree through inexcusable negligence or ignorance. inflict damage on either party to the case. Elements: 1. however. Judgement rendered through negligence. in the Elements: ART 205. Elements: 1. Renders a judgement. . Judge. Judgement is manifestly unjust. Tolerance. Unjust interlocutory order. Knowingly rendering unjust judgement. Judgement is unjust. Malice. Malicious delay administration of justice. Negligence and tolerance in the prosecution of offenses. 204 – intentional. Elements: 1. but which.improper performance of some act which might lawfully be done. 3. Pero kung sayop lang jud sya. 3.not lack of foresight or skill. he may be liable for some administrative penalty but not this article. 2. ART 208. JUDGEMENT – disposes an issue of a cases INTERLOCUTORY ORDER – an order that does not dispose of the main issue of the case. 2. a judge may make a mistake as long as he does not know that he is making a mistake and despite knowing it is a wrong judgement he will insist in promulgating that judgement.Malfeasance and Misfeasance Misfeasance. Are we saying that a judge cannot make a mistake? - - no. Interlocutory order Issued by the court between commencement and the end of a suit or action and which decides some point or matter. I don’t know why he became a judge.performance of some act which ought not to be done. . a preliminary injuction. Negligence. Because again.can be done in between the beginning and end of case. 4. 4. “does it leave something to be done in the trial court with respect to the merits of the case main issue?” Yes – interlocutory order.usually prosecutor is charged in here. ART 204. is not a final decision of the matter in issue. 1. Renders a judgement. negligence ART 206. or Acts punished: 1. 2. 3. neglects to file a case that should be filed. Judge knows. unjust 205 – manifestly unjust.allowing an offense to be committed without prosecuting the same. 2. 2. Malfeasance. there must be criminal intent. Judge. Due to inexcusable negligence ignorance. ART 207. . Judge.

b.a policeman accepting a consideration for making an arrest. Public officer (Art 203) 2. Elements 1. gift or present received by such officer…” It is not necessary that the offender recieves a gift or present..” The act does not constitute a crime . c. In consideration of some act not a crime. if said act shall not have been accomplished. 2nd paragraph “. 1. Accepting a gift. Gift must be accepted. 3. gift. Commit some crime.a government employee processing documents in consideration of a gift. Either the offender accomplishes the act or at least commences the same by overt acts.) 3. gift in . Causing damage to a client by malicious breach of professional duty or inexcusable negligence or ignorance. present is received/accepted: a. So both falsification and direct bribery. 3. in connection with the performance of his official duties.ART 209. Mere agreement to execute the act is not sufficient. If not all you end up with is a public officer doing his duty. Act is connected with his official duties 1st paragraph “.. promise. Revealing secrets learned by him in his professional capacity (damage is not necessary. gift or present. It is sufficient that the offender accepts an offer of a gift or present.” The public officer must accept the gift. So mere saying na “o ako bahala ana” without accepting the gift or commencing . 2. Refrain from doing his official duty 4. 2. Direct Bribery. only the person making the offer is criminally liable (Art 212 Corruption of Public Officer) What if the public officer actually commits the act that constitutes a crime? Lets say a court stenographer agrees to commit falsification okay ra atty alisodon nko ang yes og no.in consideration of any offer promise. If the public officer does not accept the offer. Betrayal of trust by attorney or solicitor. Offer. an of Acts punished: 1. The mere act of agreeing to commit the crime constitute direct bribery.. promise. when the offender has undertaken the defense of the first party or has received confidential information from the said first party. Agree to perform an act constituting a crime. “if the gift was accepted. in consideration of the execution of an act which does not constitute a crime.in consideration of the execution of an act which does not constitute a crime. in consideration of any offer. The implication is that an acceptance of an offer or promise is not sufficient. Undertaking the defense of an opposing party in the same case w/o consent of the first client. PART 3 ART 210. Accepts an offer or a promise or receives a gift or present (himself/another). revelation secrets. Agreeing to refrain or refraining from doing something which was his official duty to do in consideration of a gift or promise of a gift.

Must ACCEPT.. They were acquiitted because apparently because the document to be issued was not supposedly to be issued by another office and not their office. In consideration of any promise. rd 3 paragraph “. Public officer. . Must relate to the official functions of the public officer. 2005) In this case. GR NO 148862. ART 212 Corruption of public official Elements: 1. the offender shall be liable under paragraph 1. Naka lusot. What if you just accept the gift and not do any overt act yet? Yah gi dawat ang kwarta but does not do anything.” (TAD-Y vs PP. why was he acquitted? You have the building official and city engineer. Example: A prosecutor who shall not prosecute a case in consideration of a gift or promise of a gift. Public officer entrusted with law enforcement. “there must be a clear intention on the part of the public officer to take the gift so offered and consider the same as his own property from then on. “however. gift or reward. Estafa. 2.. Refrains from arresting/prosecuting an offender who has committed a crime punishable by reclusion perpetua and/or death.the act by overt acts then there is no bribery. Unsa man? Elements: 1.if really no intention to do the act “. where the act is entirely outside of the official functions of the officer to whom the money is offered. Bribery on the public officer and corruption on the part of the private party. If accepted. 2.” (FORMILLEZA vs SANDIGANBAYAN. August 11. ART 211 Indirect Bribery . 3. Accepts gifts.” If the failure to perform the official duty shall also constitute a crime. 3. Nearest would be The offender must accept a gift. (Art 208) So why was in TAD-Y vs PP.refrain from doing something which it was his official duty to do.accepts gifts…” Indirect Bribery – no intent to decieve but wala lang jud gi buhat. Gifts were offered by reason of his office.if public officer does not accept the gift. 159 SCRA 1) ART 211-A Qualified Bribery Elements: 1. Offer/promise is made or gift/present is given under circumstances that would make the public officer liable for direct/indirect bribery. Offer/ promise/ gives gifts to present to a public officer. they were planning to entrap anf officer however the officer was not taking tha bait. 2. such as putting away the gift for safekeeping or pocketing the same. the offense is not bribery.

316 (Other forms of swindling). Additional penalties in case a public officer who takes advantage of his official position violates any of the felonies under ART 315 (Estafa). 4. Public official ka then you intervene because of your official duties and yet you are interested. The article does not distinguish between elective. the making of contracts. ART 215 Prohibited Transactions The officer must be an appointive public officer. The transaction involving exchange or speculation must take place within the territory subject to the offender’s jurisdiction. public A public officer who in his official capacity with regard to furnishing supplies. -demand payment of sums different from or larger than those authorized by law. and 318 (Other Delicts). things or objects of a nature different from that provided by law. – even though they are not public officers. That the offender is a public officer. -voluntarily fail to issue a receipt. and tend to give the interpretation most favorable to you. . 3. -collecting or receiving by payment or otherwise. Appropriating. Taking or misappropriating.. 2. prohibited There must be intent to defraud the government. 1. for any sum collected by him officially. The felony consists in becoming interested in any contract or business in which it was his official duty to intervene. 2. Consenting. guardians and executors as long as it was their duty to intervene in the contract or business that he takes interest in. permitting other persons totake public funds or property. arbitrators. o/w guilty of misappropriation or Malversation. The article also punishes private individuals like experts. or adjustment or settlement of accounts relating to public property or funds shall enter into an agreement with any interested party or speculator or make use of any other scheme to defraud the government.” to The offender must take advantage of his public office and must act in his official capacity. 317 (Swindling a minor). ART 214 Other Frauds ART 217 Malversation. The acts punished are: Elements: 1.ART 213 Frauds against the treasury and similar offenses. The offender becomes interested therein during his incumbency. private accountants. agreement to defraud the 3. shall: ART 216 Possession of interest by a public officer. “in his official capacity. fees and other imposts. Par 1. What is punished here possible conflict of interest. -entering an government. That he takes advantage of his official position. as provided by law. licenses. defraud the government. That he commits any of the frauds or deceits enumerated in Articles 315 to 318. A public officer entrusted with the collection of taxes. appointive or whether the public officer is such by provision of law. or thru abandonment or negligence.

Private individuals are also liable ART 222 The provision of this chapter shall apply to private individuals who in any capacity whatsoever. When you do not have full control of the money and you took it then it may be theft. 32 Phil 157) Qualified Charge He had no authority of his own volition to withdraw funds from the safe upon any pretext whatsoever. or in some way connected with the govt and that. offender is accountable for the funds/property. Accountable officer The vital fact is not so much the manner in which appellant could lawfully perform his duties in relation to said funds as the fact that he received money belonging to the Govt for which he was bound to account (VELASQUEZ) As long as money was handed to you and you had to account for it. public officer. shall be prima facie evidence that he has put such missing funds or property to personal uses. “if he is an employee of. WICKER SHAM. 2005. Malversation is committed either intentionally or by negligence. under the circumstances of this case his conviction under the first mode of misappropriation would still be in order. in the course of his employment. 1911) Since he was not fully in control of the funds that were taken from the safe he could not be liable for malversation but may be liable for either theft or estafa but not malversation. or property… “…even if such property belongs to a private individual. have charge of public funds. Even if the mode . he receives money or prop belonging to the govt for which he is bound to account. GR No 157399 Even on the putative assumption that evidence against petitioner yielded a case of Malversation by negligence but the information was for intentional Malversation. custody or control of funds/property by reason of his public office – by reason of public office. And control comes hand in hand with account. Nov 17. The dolo or the culpa present in the offense is only a modality in the perpetration of the felony. revenues. The funds were placed in the safe and could only be taken from it by his superior officer or by his order.” (US vs VELASQUEZ. Custody or control of funds It is the nature of the duties and not the title thereof that is controlling. 3. GR No 6781. ART 217) PP vs JOSE TING LAN UY. (last paragraph. The failure of a public officer to have duly forthcoming any public funds or property with which he is chargeable.Penalty for Malversation: Penalty for Malversation is the same whether committed with malice or through negligence. 1911 Nov 6.” Examples: -property in custodia legis -property seized by law enforcement agents Presumption of personal use. offender commits any of the four acts previously enumerated. Elements: 1. 4. upon demand by any duly authorized officer. JR. 2. Defendants possession of the key and the combination of the safe gave him control over the contents (US vs F.

But in another case where he had to go out of the room. -separated from service by resignation. INFIDELITY IN DEALING CUSTODY OF PRISONERS. Connivance must have custody or charge like warden or jail guard for a specific prisoner when goes to court. Charged with conveyance or custody of a prisoner. the offender who is required to render an account to the COA or auditor fails to do so. Prisoner escapes. Ingun SC that is not malversation because he was able to account for it. Custody/charge of a prisoner. its still for public purpose but for a different purpose for which it was supposed to be used for. public officer.charged differs from mode proved. is considered to have failed to account because he had to get out of the office and borrow money from other people. ART 221 Failure to make delivery of public funds or property 1. the same offense of Malversation is involved and conviction thereof is proper. 4. Funds for a road were used instead to build a road. Refusing to make delivery. 2. with THE ART 223 Conniving with or consenting to evasion Elements: 1. public funds/property under his administration. Ex dka musweldo sa employees kay laban ka sa suspended governor. Bahalag for a good cause. Here its not. - - Public officer. Failure to make payment. Intention does not matter. This felony may be committed by a public officer: -still in service. Escapes through negligence. ART 220 Illegal use of public funds or property. Public officer. . Naay caso na gi pangita-an sya ug sinsiyo. Must be intentional ART 224 Evasion thru negligence Elements: 1. funds/property has been appropriated by law or ordinance. WERE A JAILGUARD ALLOWED A PRISONER TO GO TO THE RESTROOM BUT INSPECTED . 3. (TECHNICAL MALVERSATION) Elements: 1. he was able to produce the change from his pocket. borrow some money form some friends turn It over to the person demanding to account. 2. 2. In malversation the officer uses the funds for personal purposes.version of 223 but with negligence. offender applies the same to a public use other than for which it was appropriated. or -separated from service for any other cause ART 219 Failure of a responsible officer to render account before leaving the country The felony is the act of unlawfully leaving the country or an attempt thereof without securing a certificate from COA. 2. 3. 4. PART 4 Acts punished: ART 218 Failure to render accounts In this felony. Ex. 3.

concealment or destruction. which. Elements: The envelope or parcel need not be opened. Public officer. Damage to a 3rd party or public interest. 2. Breaking seal. YES. If the act is by concealing or destroying. 3. – pag ka way hinumdan Elements: 1. 4. or ART 228 Opening of closed documents. Conveyance of a prisoner is confided to him. KANA KLARO NAJUD NA NEGLIGENCE. ART 225 Escape of prisoner under the custody of a person not a public officer. Escape. Abstracts. 2. Sealed with proper authority. COMPARED TO GUARD GUARDING AT THE FRONT YARD TALKING TO SOMEBODY ELSE WHILE SMOKING. 1. Consent/negligence ART 226 Removal. Concealment Destruction of Documents. No damage is required. documents or papers. . Negligence “it is only that positive carelessness that is short of deliberate non-performance of his duties as guard that is the gravamen of the crime of infidelity. 2. 1.THE RESTROOM FIRST BEFORE THE PRISONER WENT IN. Charged with custody of papers/property. Removal. If the act is removing. ART 227 Officer breaking seal. 3. – here presumption is that you have intention and you need to rebut this presumption. 4. what is required is that the seal is broken by the offender or he permits another to break the said seal. SC SAID THAT IS NOT NEGLIGENCE.” Liability of escaping prisoner Convict . THEN HE STAYED OUTSIDE WHILE THE PRISONER DID HIS BUSINESS BUT EVENTUALLY ESCAPED. Public officer. 4. Elements: or conceals. Elements: 1. need not be accomplished. The offender is charged with the sealed paper or property. there must be an illicit purpose. the same does not require proof of an illicit purpose. however.evasion of service of sentence ART 157. Detention prisoner –no liability WILL THE GUARD STILL BE LIABLE IF THE PRISONER IS A DETENTION PRISONER UNDER 224? 3. Documents/papers entrusted by reason of office. Public officer. Breaks the seals or permits them to be broken. destroys. Private person.

Nganu apil2x man nto ato kaugalingon na kita man ga himo. Secrets of a private individual by reason of his office 3. Masuod sya ani na article? YES ART 229 Revelation of secrets by an officer. Offender is a public officer. without legal justification. 2. 3. Serious damage to a third party or public interest is qualifying. without legal motive. The offender suspends its execution and the superior suspension.2. Be sworn in. The felony consists superior despite the suspension. Yang gi kawat nyah iyang gi abri. Revealing any secrets known by public officer by reason of official capacity. ART 230 Public officer revealing secrets of private individual. 4. decision or order issued by a superior authority. Acts punishable: 1. officer disapproves the Nagbalik2x ni sya pero of course kinsa mu daog ang superior jud. Offender maliciously fails to do so. Opens/permits them to be opened. The felony is committed when the offender. ART 234 Refusal to discharge elective office. The offender is a public officer. What if the document was not intrusted to him. Authorized punishments in a humiliating manner 2. Offender is elected by popular election. ART 231 Open disobedience The offender is a judicial or executive officer. Competent authority demands that he lends his cooperation in the administration of justice or other public service. ART 232 Disobedience to a superior officer. or b. Maltreatment consists in: 1. The offender receives an order from his superior for execution. Closed papers. refuses to: a. . when said order was suspended by inferior officer. 2. Overdoing the correction or handling of prisoners: a. Public officer. Reveals secrets without authority or justifiable reason. documents or objects are entrusted to his custody. openly refuses to execute a judgement. ART 235 Maltreatment of prisoners Offender is a public officer who has under his charge a prisoner. Extort a confession or obtain information. Elements: 1. in disobeying disapproval of the the ART 233 Refusal of assistance. Delivering wrongful papers or copies of papers of which he may have charge and which should not be published. Punishments not authorized b. The offender. I don’t know why. Probably because they made the law. You will notice walay legislative. Discharge the duties of his office. No authority.

. Obstructs the execution of any order or decision rendered by an judge w/in his jurisdiction. or c. ART 240 functions Usurpation of executive The offender is a judge who: a. Quoaranto proceedings – questioning qualification of a particular person. He issues an order or suggestion addressed to any judicial authority which order or suggestion relates to any case or business w/in the exclusive jurisdiction of the courts of justice. ART 242 Disobeying disqualification request for The offense is the disobedience of a public officer who has been lawfully refrained. Usurpation of judicial The offender is a member of the executive branch who: a. . Suspends the execution thereof. No. ART 243 executive authority Usurpation of legislative The offender is an executive or judicial officer. Makes general rules or regulations beyond scope of his authority. due to questions of jurisdiction. are they liable under this article? Orders officers or to requests by any judicial The offender is a member of the executive branch. Assumes judicial powers. from continuing with proceedings in his office. Obstructs the executive in the lawful exercise of their powers. Attempts to repeal a law. or b. regulation or special provision. Offender is entitled to hold public office/employment by election or appointment. the public officer abandon his office to the detriment of public service. Abandonment of office or The public officer formally resigns from his position. performance of The public officer’s period to hold public office has expired as provided by law.judicial independence ART 244 Unlawful appointments. The offender: a. ART 239 powers. Without his resignation being accepted. ART 241 functions. ART 238 position. Ex.ART 236 Anticipation of duties of a public office. So how about this issue about our suspended governor. or b. Assumes powers pertaining to the executive. How about the SC in their rules of court. ART 237 Prolonging duties and powers. because the consitution allows it. The offender assumes the performance of duties without taking his oath of office or give the bond required by law. or b. is she liable under this article? No because her term has not expired. The felony consists in the public officer continuing to exercise his duties and powers of such office despite the expiration of the period.

Mother ] > whether legitimate or illegitimate c... who must be legitimate of the offender Di pwede nang live-in Relationship by blood. not the father/mother or child of the offender who must be legitimate. A warden or public officer charged with care and custody of prisoners or persons under arrest. daughter. Abuses against chastity Reyes book is not updated may not have considered the FMC. the person killed must be: a.. killing an adopted child should be considered as parricide. Aw. OR b. Appointment of non-eligibles must not exceed three months (Rev Adm Code) a. Child ]/ d. Or: IN A CASE WHERE A WIFE AND A LOVER CONSPIRING TO KILL THE HUSBAND BY PLACING A BOMB IN HIS CAR THE WIFE WAS CONVICTED OF PARRICIDE while the LOVER MURDER. In keeping with the times. Father ]\ b. the killing of an adopted child is not parricide as the relationship is not by blood.” ART 247 Death or physical injuries under exceptional circumstances. Art 62. Spouse. Why? Because. Preliminary requisites: . Even in the case of legal adoption. “circumstances that arise from the private relations with the offended party serve to aggravate or mitigate the liability of those as to whom such circumstances are attendant. Knowledge of such relationship offender is not required. Di diay legitimate diay. LAST ART 246 Parricide In this felony. 2.The offender appoints or nominates another to a public office knowing that the appointee or person nominated lacks the qualifications at the time of the appointment or nomination. What distinguishes parricide from other felonies involving destruction of life is the element of relationship by blood. ART 245 Abuses against chastity – na sa-ag na article Offenders: 1. Any public officer before whom matters for decision are pending or with respect to which he is required to submit a report to. by the How about an adopted child? FMC says that adopted child for all intesive purposes what? Adopted child angay daugdaugon. Other ascendants or descendants. or consult with a superior officer. (Mother is not included) nganu man wala sila kadungog ug MILF?!!  man diay?? That’s the law. sister or relative within the same degree of affinity of the person in custody. The felony consists in soliciting or making immoral or indecent advances to a woman. It can also be done to the wife. par 3 RPC Book I.

a place which is naturally frequented by some persons. necessary intercourse is established. and twenty-fiveyear old Isabelo EVangelio. PP vs abarca The husband just came home from taking the bar exam.? Bec… The act is a justified burst of passion. SC did not believe him. Highly unlikely Farmer in the morning when he went back to his house catches the wife and the lover and the lover ran away. . It is enough that the circumstances reasonably show thet the carnal act is being committed or has just been committed. want to go to . b.must be caught in the act or inflicts the injury or kills in the act or immediately there after. SC said no aggression was lawful. no penalty. said: Neither ii it likely that a woman thirty years of age. Why Not a felony. Art 247 is not applicable. b. Only during the act or immediately after. had dared to have carnal intercourse near the toilet of the offended party’s house. (PP vs GONZALES. GONZALES (Wife was rising up while a man was buttoning his drawers) in these cases it cannot be. In the afternoon husband found them again in the toilet. It is therefore. Under 18 years of age. So it must be strictly construed. In book 1. the lover was able to kill the husband and then interposed self defense. The spouse/daughter and their paramour or seducer are killed or serious physical injuries are inflicted upon them by the married person or parent. So the husband warned the wife not to do it again. Farmer found his wife rise from the ground and the lover buttoning his drawers. where a husband caught his wife and the lover in their house and then he attacked the lover and the lover defended himself. Legitimate or illegitimate.” act or immediately The killing/serious physical injuries must be committed while the wife/daughter is in the act of sexual intercourse or immediately thereafter (right after the sexual intercourse) Where there is no clear showing that sexual intercourse has occurred. that sexual Where sexual intercourse is not clearly established or if only preparatory acts are committed. Destierro is a measure to protect the spouse/parent from possible retaliation from the relatives of the deceased or injured. Legally married person with respect to his/her spouse. Uli sya sa ila. In fact if he would have killed you or the wife. The married person or parent surprises the spouse/daughter in the act of sexual intercourse. BITUANAN (man and wife were seen sleeping on the same bed).a. 69 Phil 66) - it may be that it was only an afterthought of gonzales of not killing them in the morning. like Sixta Quilason. It is not necessary that he see the carnal act. and c. the article is not applicable. It is then he attacked both of them. “…in the thereafter. it would have been a justified burst of passion. Parents with respect to daughters a. both of sound judgment as is to be supposed. Living with them Common requisites. As long as it can be established that they had sexual intercourse right then and there before they were caught. Also in premeditated plans to avail of the circumstance it cannot be justified.

But if you burned the house knowing the victim is inside. Fire and gasoline were not intentionally adopted here in the crime. 5 and 6 Par 3.” here he punched the person because he thought he was being cheated in cards.” By means of fire The rule in these decisions is that: there is a need to establish intent to kill. 1933. The intent was not to kill but to sexually arouse the girlfriend. Another accused put fire on the soaked victim so victim burned. SC said. Depends upon the intent when we talk about par. All the evidence will show that it was just a prank taken to extreme but still a prank. fire. “. True enough his wife and the lover was having sexual intercourse but he made a noise wherein nakakit nuon ang lover sa iya. But to the other people reckless imprudence. Yes you are liable for treachery because you hit him from behind in a sudden and treatcherous manner. must always . Victim fell down and died as a reuslt of the injuries. 4. October 6. Playing a simple prank on a retarded child. 3 of Art 9 of the Penal Code. poison…” – must be consciously adopted Par’s 1. PP vs CAGOCO. Ang usa gi bubuan ug gasolina. 1988.2. GR No 74324. Why? The act was lawful it was a justified burst of passion. ART 248 Murder The unlawful killing of another which is not parricide or infanticide. where you burn a house not knowing that there are persons inside that is still arson not murder because there was no intention. 3. 6. 5 and 6. – not murder but homicide because it was not conciously adopted. By means of fire. with the presence of any of the six circumstances enumerated: 1. SC said as far as shooting the lover no liabilty. Nov 17. So balik sya ilang bahay.. So pag lili nya sa vents around the room. In arson. 2. GR No. So naa man ni puli sa iyang place sa bed. because the former depends upon the manner of execution of the crime and the latter upon the tendency of the will towards a definite purpose. Then that is murder. Treachery… Price… Inundation… Calamities… Evident premeditation… Cruelty… Par 3 vs Par 1. Only to find out that all the buses were full. defenceless and unprotected. 2. -PP vs GALURA. “considering that there is no moral or legal incompatibility between treachery and the mitigating circumstance No. by means of fire.the killing of a child in tender age. dagan sya ngita sya sa iyang amigo na sundalo huwam syag pusil when he went to the place of the lover iyang gi rakrakan naa na-apil lain. Ma pa nasuko gi tiunan sya ug pusil.. “with…” Par 2 “in consideration…” Par 4 “on the occasion. Killing a child of tender years. “by means of inundation.another town so went to the bus terminal early. 16 CA Rep 70 -PP vs PUGNAY. 5. SC said its not murder because there was no evidence that it was intentionally done. 38511. 4. girl was given a chocolate. on the part of the offender to qualify the killing to murder. Nyah ang girlfriend inhan kaayo ug chocolate gi kaon ang whole box namatay.

Several qualifying circumstances. (PP vs LACADEN. To take advantage of superior strength is to use force out of proportion to the means available to the person attacked to defend himself. (PP vs AMODIA. In order to be appreciated. unsa man mahitabo sa imo? Only one as a qualifying and the rest as an aggravatign circumastance. 2009) To appreciate the attendant circumstance of abuse of superior strength. Treachery The essence of treachery is a deliberate and sudden attack that renders the victim unable and unprepared to defend himself by reason of the suddenness and severity of the attack.be classified as murder. GR No 130144. 2009) What if all qualifying circumstance gi gamit nimu? I want an express ticket to hell. 187682. August 3. Nov 25. May 24. 177302.” (US vs ANTOBIO. April 16. (PP vs LOPEZ. There may still be treachery even if. it must be clearly shown that there was deliberate intent on the part of the malefactors to take advantage thereof. the rest constitute generic aggravating circumstances. But if the person dies. homicide or reckless imprudence resulting to homicide. 2001) Taking advantage of superior strength. GR No. the assailant attacks the unsuspecting victim without affording the latter any real chance to defend himself. That person does not die. no intent to kill on his part but he died so no need to argue if there was intent to kill because death of the victime is a conclusive presumption of intent to kill. after the lapse of some time from the said altercation. 2009) Must be consciously adopted so there would not be any risk from the victim to defend himself. GR No 10562. evident premeditation. 177356 Nov 20. 2008)- . the assailant and the victim had an altercation and a fisticuffs and. 174483. Mere superiority in number is not enough to constitute superior strength. dwelling and price or reward. what should be considered is whether the aggressors took advantage of their combined strength in order to consummate the offense. before the assault. (PP vs REGALRIO. Intent to kill is important to distinguish or dertermine the exact felony. Mar 31. intent to kill is conclusively presumed di nata mag hisgot kung naa bay intent or wa. Only one aggravating circumstance is enough to qualify the killing to murder. So like in cagoco. Kung namantay intent to kill is conclusively presumed wana malalis ana. When intent to kill is present so it may be attempted or frustrated murder/homicide. GR No. So if the victim dies pili-on ra ana kay murder.” (PANA vs JUDGE BUYSER. The most we can do is give the mitigating circumstance of no intent to commit a grave so wrong. GR No. “the trial court ruled that the crime committed was murder after finding that the killings were attended by treachery. If no intent it may be a case of physical injuries. 1915) Intent to kill: so if you hit somebody with an iron bar. Even though the deceased children had been awake they could not have defended themselves or have fled or escaped from the attack of their assailants. Killing was preceded by a fight. Mao ra na ang la-lison sa court dili na mahimo physical injuries kung namatay na. There must be clear proof that the assailants purposely used excessive force out of proportion to the defense available to the person attacked. GR No.

GR No. SC said so if u took turns then its homicide because they did not use of their numerical superiority. die how . the circumstances under which the crime was committed and the motives of the accused. 9 Cause of the accusation – “. Only reckless imprudence resulting in physical injuries. SC said then that is not enough to prove treachery in crime with just circumstancial evidence. circumstances must be It is an ancient but revered doctrine that qualifying and aggravating circumstances before being taken into consideration.the means used by the malefactors.. 182156. or homicide. which is presumed. 2009) Intent to kill Intent to kill – specific intent which the prosecution must prove by direct or circumstantial evidence. or by that of parricide or If there is intent (dolo) it follows that there can be no culpa.. murder. Sec. Jan 25. there was evidence that her hands were tied behind her back.. The accused killed him without any justifying circumstance. must be proved with equal certainty as those which establish the commission of the criminal offense. mentioned in the ART 249 Homicide. Death caused in a tumultuous affray. GR No. and 4. Intent to kill is conclusively presumed when the victim dies. . ART 250 Penalty for frustrated parricide. What if victim does not Establishing intent to kill. 50:37 ART 251. 8 Designation of the offense – “.victim was found near garbage dumpster. Courts may impose a penalty two degrees lower in cases of frustrated parricide. murder or homicide and a penalty three degrees lower on cases of an attempted felony. GR No. 2. Murder ang gi kiha. A person was killed.” (RIVERA vs PP.specify its qualifying and aggravating circumstances. (PP vs ABDULAH. The accused had the intention to kill. the nature. There was evidence though that she was killed in such a position. the conduct of the malefactors before. location and number of wounds sustained by the victim. 166326. for the purpose of increasing the penalty to be imposed. The elements of homicide are as follows: 1. 2006) Sec 8 and 9. Rule 110. “. Jan 20. 182518.here the offenders took turns in punching the victim. the time. The killing was not attended by any of the qualifying circumstances of murder. General criminal intent – presumed from the commission of a felony by dolo. RROC Inconsistent with negligence. No such felony as Reckless imprudence resulting in attempted homicide.the qualifying and aggravating circumstances must be stated in ordinary and concise language…” Must be specifically information. or immediately after the killing of the victim. Nov 25. 3. 2009) infanticide. Sec. (VILLAMOR vs PP. Qualifying proved.

Several individuals involved that do not constitute organized groups. The offender killed the child. A child is killed. Intent is to intimidate. or 2. ART 255. The person commititng suicide is not liable. That the offender has no intention to kill that person.. Elements: 1. The offender discharges a firearm against or at another person.injuries must not have caused the death because if it is then you are liable instead for murder or homicide.) ART 254 Discharge of firearms. Someone is killed in the fight and the one responsible cannot be ascertained. The offender is the one who used violence upon the person of the victim. A person assist another to commit suicide by doing the killing himself and the suicide is consummated (reclusion temporal). 2. 4. The victim must be a participant in the fight. . One who inflicted serious physical injuries on the victim. Offender 1. They fight or quarrel in a confused and tumultuous manner. You must discharge. One who used violence on the victim. A person assists another to commit suicide and the suicide is not consummated (arresto mayor medmax). days Infanticide When the mother or grandparents of the victim commits the crime to conceal the mother’s dishonour – Mitigating. 3. A person assist another to commit suicide by doing the killing himself and the suicide is not consummated (one or two degrees lower than reclusion temporal. 2. A person assists another to commit suicide and the suicide is consummated (prision mayor). ART 252 Physical injuries inflicted in a tumultuous affray. . Recent jurisprudence states that before the discharge it may not be pointed at a person it is sufficient that the discharge was for the purpose of intimidating or frightening the victim. 3. infanticide is not committed. The child is less than 3 (72hours) of age. If the child is born dead or could not sustain independent life outside the womb. Infanticide Elements: 1. There must be no intent to kill. Slight physical injuries are not included. It is sufficient that the firearm was pointed at the victim prior to the actual discharge.” It is not necessary that the firearm was pointed at the victim at the actual time of discharge. The purpose is to intimidate or frighten the victim. ART 253 Giving assistance to suicide. must aim at the victim but… 2. “…who shall shoot at another with any firearm. The scenarios are: 1. The victim need not be a participant in the fight. No felony of suicide.

The parents of the pregnant woman with her consent for the purpose of concealing her dishonour are also liable. ART 259 Abortion practiced by a physician or midwife and dispensing abortives. Elements of intentional abortion 1. 3. The penalty is mitigated if the purpose is to conceal her dishonour. Combatants where no physical injuries are inflicted (Arresto Mayor) ART 261 Challenging to a duel – human jud oh. 2. Acts punished: 1. 1. or offender acts upon such pregnant woman. CARNASO – accused must have known of the pregnancy. the The woman who consents to the abortion is liable under this article. Maayo jud ko na maestro oi. With consent of the pregnant woman. With plenty of time to spare. 4. The fetus dies as a result. Intentional. Person who killed his adversary (Reclusion temporal) 2.ART 256 Intentional Abortion Abortion is the killing of a fetus in the womb or its expulsion from the womb causing its death. 2. Person who inflicted physical injuries on his adversary (According to the nature of the injury) 3. Applicable only in intentional abortion. Without consent of the pregnant woman. b. Pregnant woman. 1. 2 ways of committing intentional abortion. Knowledge of pregnancy (BASAHA NING DUHA KA CASO) JEFFREY . ART 257 Unintentional Abortion Elements: 1. . 2.the offender need not know that the woman was pregnant. who make selection of arms and fix all the other conditions of the fight. Chocking the pregnant wife – attempted parricide with unintentional abortion (without intention to abort the child) ART 258 Abortion practiced by woman herself or by her parents. Using violence upon the pregnant woman. ART 260 Duel It must refer to a formal or regular combat previously concerted between two parties in the presence of 2 or more seconds of lawful age on each side. Without using violence (drugs/beverages) a. Challenging to a duel. Pregnant woman. The violence is intentional. Violence is intentional but the abortion is unintentional. 4. Violence is used without intending an abortion. 2. 3. Violence exerted or drugs or beverages are administered. Physician or midwife who causes the abortion and takes advantage of scientific knowledge or skill is imposed the maximum penalty. Persons liable. Fetus dies as a result of the violence. Inciting another to give or accept a challenge to a duel.

Scoffing or decrying another publicly for having to refused to accept a challenge to fight a duel.3. .