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Crim2 Reviewer PDF
SUBJECT COMMITTEE:
JO ANN MARIE O. CASIO subject chair, VENICE BUAGIN assistant subject chair, STEVEN MICHAEL D. GALA edp,
MARIONNE ROSABELL LACUNA book one, MARIS DONNA KWOK book two, MA. KATRINA RIVERA special penal laws
MEMBERS:
Karell Marie G. Lascano, Katrina Jorelle P. Villena, Clare Marie F. Ortega, Hera Aiza Marie A. Barona, Nicole Alora G. Julian ,
Rozzalle Gonzales, Sheena Antlan, Diana Jean De Castro, Beatrice Valerie S. Guillermo, Raynan Larosa, Kamille Deanne
Lagasca, Jose Angelo David
CRIMINAL LAW
BOOK TWO
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specifically penalizes conspiracy and other data of a confidential nature
proposal to commit treason. relative to the defense of the
The two-witness rule does NOT apply Philippines.
because this is a separate and distinct
offense. Offender must have the intention to
These felonies are absorbed if treason is obtain information relative to the
actually committed. defense of the Philippines. However, it
is not necessary that the information is
ARTICLE 116 actually obtained.
MISPRISION OF TREASON
2. By disclosing to the representative of a
Elements: foreign nation the contents of the articles,
1. That the offender is a citizen of the data or information referred to in the
Philippines; preceding paragraph, which he had in his
2. That he has knowledge of any conspiracy possession by reason of the public office
against the Government; he holds.
3. That the conspiracy is one to commit
treason; Elements:
4. That he conceals or does not disclose and a. That the offender is a public officer;
make known the same as soon as b. That he has in his possession the
possible to the proper authority. articles, data or information referred to
in par. 1 of Art. 117, by reason of the
Art. 116 does NOT apply when treason is public office he holds;
already committed and the accused does c. That he discloses their contents to a
not report its commission. representative of a foreign nation.
Art 116 is an EXCEPTION to the rule that
mere silence does not make a person COMMONWEALTH ACT NO. 616
criminally liable. An Act to Punish Espionage and
The phrase shall be punished as an Other Offenses Against National
accessory to the crime of treason, Security Acts Penalized
mentioned in the provision, does not mean
that the offender is, legally speaking, an 1. Unlawfully obtaining or permitting to be
accessory to the crime of treason because obtained information affecting national
he is already a principal in the crime of defense
misprision of treason. It simply means that
the penalty imposed is that of an Ways of Violating Sec. 1:
accessory to the crime of treason. a. By going upon, entering, flying over or
otherwise obtaining information
ARTICLE 117 concerning any vessel, aircraft, work
ESPIONAGE of defense or other place connected
with the national defense or any other
Espionage the offense of gathering, place where any vessels, aircrafts,
transmitting, or losing information respecting arms, munitions or other materials for
the national defense with intent or reason to use in time of war are being made, or
believe that the information is to be used to the stored, for the purpose of obtaining
injury of the Republic of the Philippines or to information respecting national
the advantage of a foreign nation. defense, with intent to use it to the
injury of the Philippines or to the
Two ways of committing: advantage of any foreign nation.
1. By entering, without authority, a warship, b. By copying, taking, making or
fort, or military or naval establishment or patenting or inducing or aiding another
reservation to obtain any information, plan to copy, take, make or obtain any
or other data of confidential nature relative sketch, photograph, photographic
to the defense of the Philippines negative, blueprint, plan, map
instrument, appliance, document,
Elements: writing or note of anything connected
a. That the offender enters any of the with the national defense, for the same
places mentioned therein; purpose and with like intent as in par.
b. That he has no authority therefor; A.
c. That his purpose is to obtain c. By receiving or obtaining or agreeing
information, plans, photographs or or attempting or inducing or aiding
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3. Disloyal acts or words in time of peace 8. Using or permitting or procuring the use
Ways of violating Sec. 3: of an aircraft for the same purpose of
a. By advising, counseling, urging or in violating #7.
any other manner by causing 9. Reproducing, publishing, selling, or giving
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away of uncensored copies of those
mentioned under #7 without the ARTICLE 119
permission of the commanding officer (or VIOLATION OF NEUTRALITY
higher authority.
Elements:
10. Destroying or injuring or attempting to 1. That there is a war in which the Philippines
injure or destroy war material (when the is not involved;
country is at war) or national defense 2. That there is a regulation issued by a
material, premises or utilities (even if the competent authority for the purpose of
country is not at war). enforcing neutrality;
3. That the offender violates such regulation.
11. Making or causing to be made in a
defective manner, or attempting to make Neutrality the condition of a nation that in
or cause to be made in a defective time of war takes no part in the dispute but
manner, war material (when the country continues peaceful dealings with the
is at war) or national defense material belligerents
(even if the country is not at war). There must be a regulation issued by
competent authority (President or the
Espionage Treason Chief of Staff of the AFP) for the
enforcement of neutrality.
Both are crimes not conditioned by the citizenship of
the offender.
ARTICLE 120
May be committed both Is committed only in time CORRESPONDENCE WITH
in time of peace and in of war. HOSTILE COUNTRY
time of war.
Elements:
May be committed in Is limited to two ways of
1. That it is made in time of war in which the
many ways. committing the crime:
levying war, and
Philippines is involved;
adhering to the enemy 2. That the offender makes correspondence
giving them aid or with the:
comfort a. Enemy country or
b. Territory occupied by the enemy
troops;
SECTION TWO: PROVOKING WAR AND
3. That the correspondence is either:
DISLOYALTY IN CASE OF WAR
a. Prohibited by the Government; or
b. Carried on in ciphers or conventional
ARTICLE 118
signs; or
INCITING TO WAR OR GIVING
c. If notice or information be given
MOTIVES FOR REPRISALS
thereby which might be useful to the
enemy.
Elements:
1. That the offender performs unlawful or
Correspondence communication by means
unauthorized acts;
of letters; or it may refer to the letters which
2. That such acts provoke or give occasion
pass between those who have friendly or
for
business relations.
a. A war involving or liable to involve the
Philippines or Even if the correspondence contains
b. Expose Filipino citizens to reprisals on innocent matters, if the correspondence
their persons and property. has been prohibited by the government, it
is punishable because of the possibility
Intention of the accused is immaterial.
that some information useful to the enemy
This is committed in time of peace.
might be revealed unwittingly.
Penalty is higher when the offender is a
Prohibition by the Government is NOT
public officer or employee.
essential when the correspondence is
carried on in ciphers or useful to the
Reprisal- is an act of self-help on the part of
enemy.
the injured state, responding after an
unsatisfied demand to an act contrary to
Circumstances qualifying the offense
international law on the part of the offending
The following must concur:
state (Naulilaa Incident Arbitration,
1. That the notice or information might be
Portuguese-German Arbitral Tribunal, 1928)
useful to the enemy;
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2. That the offender intended to aid the zone, in the territorial seas, or in the internal
enemy. waters of a state, or in the archipelagic waters
of an archipelagic state (United Nations
ARTICLE 121 Convention on the Law of the Sea).
FLIGHT TO ENEMYS COUNTRY
Philippine waters shall refer to all bodies of
Elements: water, such as but not limited to seas, gulfs,
1. That there is a war in which the Philippines bays, around, between and connecting each of
is involved; the islands of the Philippine Archipelago,
2. That the offender owes allegiance to the irrespective of its depth, breadth, length or
Government; dimension, and all waters belonging to the
3. That the offender attempts to flee or go to Philippines by historic or legal title, including
the enemy country; territorial sea, the sea-bed, the insular shelves,
4. That going to the enemy country is and other submarine areas over which the
prohibited by the competent authority. Philippines has sovereignty and jurisdiction
(Sec. 2, P.D. 532).
An alien resident may be guilty of flight to
enemy country, because an alien owes Piracy is a crime not against any particular
allegiance to the Philippine government state but against all mankind. It may be
albeit temporary. punished in the competent tribunal of any
Mere attempt to flee or go to enemy country where the offender may be found
country consummates the crime. or into which he may be carried.
SECTION THREE: PIRACY AND MUTINY ON Mutiny the unlawful resistance to a superior,
THE HIGH SEAS or the raising of commotions and disturbances
on board a ship against the authority of its
ARTICLE 122 commander.
PIRACY IN GENERAL AND MUTINY
ON THE HIGH SEAS Piracy under RPC Mutiny
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Circumstances considered in determining ARTICLE 126
liability of officer detaining a person DELAYING RELEASE
beyond legal period:
1. The means of communication; Three acts punished:
2. The hour of arrest; and 1. By delaying the performance of a judicial
3. Other circumstances such as the time of or executive order for the release of a
surrender and the material possibility of prisoner;
the fiscal to make the investigation and file 2. By unduly delaying the service of the
in time the necessary information. notice of such order to said prisoner;
3. By unduly delaying the proceedings upon
Meaning of proper judicial authorities any petition for the liberation of such
It refers to the courts of justice or judges of person.
said courts vested with judicial power to order
the temporary detention or confinement of a Elements:
person charged with having committed a 1. That the offender is a public officer or
public offense. employee;
2. That there is a judicial or executive order
Reason for Article 125 for the release of a prisoner or detention
It is intended to prevent any abuse resulting prisoner, or that there is a proceeding
from confining a person without informing him upon a petition for the liberation of such
of his offense and without permitting him to go person;
on bail. 3. That the offender without good reason
A private individual who makes a lawful delays either:
arrest must also comply with requirements a. The service of the notice of such order
under Art. 125. If he fails to comply, he is to the prisoner;
liable for the crime of ILLEGAL b. The performance of such judicial or
DETENTION under Art. 267 or 268. executive order for the release of the
The illegality of the detention is not cured prisoner; or
by the filing of information in court. c. The proceedings upon a petition for
Art. 125 applies only when the arrest is the release of such person.
made without a warrant of arrest but
lawful. It does NOT apply when the arrest Note: Most likely to be violated by wardens or
is by virtue of a warrant of arrest, in which jailers.
case he can be detained indefinitely. He
must, however, be delivered without ARTICLE 127
unnecessary delay to the nearest police EXPULSION
station or jail.
Person arrested may request for a Two acts punished:
preliminary investigation but must sign a 1. By expelling a person from the Philippines;
waiver of Art. 125. 2. By compelling a person to change his
residence.
Delivery to proper authorities
It means filing of an information against the Elements:
person arrested with the corresponding court 1. That the offender is a public officer or
or judge. It does not mean physical delivery. employee;
2. That he expels any person from the
Philippines, or compels a person to
Art. 124 Art. 125
change his residence;
The detention is illegal The detention is legal in 3. That the offender is not authorized to do so
from the beginning. the beginning but the by law.
illegality of the detention
starts from the expiration Exception: (no expulsion) in cases of
of any of the periods of
ejectment, expropriation or when the penalty
time specified in Art. 125,
without the person
of destierro is imposed.
detained having been
delivered to the proper Only the President of the Philippines is
judicial authority authorized to deport aliens under the
Revised Administrative Code.
Only the court by a final judgment can
order a person to change residence
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Although the Code speaks of the owner of Test of lack of just cause
the premises, it would be sufficient if the Whether the affidavit filed in support of the
inhabitant is the lawful occupant using the application for search warrant has been drawn
premises as his dwelling, although he is in such a manner that perjury could be
not the owner thereof. charged thereon and affiant can be held liable
for damages caused.
If the search warrant is secured through a
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false affidavit, the crime punished by this SECTION THREE: PROHIBITION,
article CANNOT be complexed but will be INTERRUPTION, AND DISSOLUTION OF
a separate crime from perjury since the PEACEFUL MEETINGS
penalty herein provided shall be IN
ADDITION TO the penalty of perjury. ARTICLE 131
A search warrant shall be valid for ten (10) PROHIBITION, INTERRUPTION, &
days from its date. DISSOLUTION OF PEACEFUL MEETINGS
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Acts notoriously offensive to the feelings Note: ACTUAL CLASH with the armed forces
of the faithful of the Government is NOT necessary to
The acts must be directed against religious convict the accused who is in conspiracy with
practice or dogma or ritual for the purpose of others actually taking arms against the
ridicule, as mocking or scoffing at or government.
attempting to damage an object of religious
veneration. Rebellion Treason
May be committed by a public officer or a As to purpose
private individual 1. To remove from the Violation by a subject of
Offense of feeling is judged from allegiance to said his allegiance to his
complainants point of view. gov't or the laws the sovereign or to the
There must be deliberate intent to hurt the territory of the Phils. supreme authority of the
feelings of the faithful Or any body of State.
land, naval or other
armed forces;
TITLE THREE: 2. To deprive the
CRIMES AGAINST PUBLIC ORDER Chief Executive or
Congress of any of
ARTICLE 134 their powers.
REBELLION/ INSURRECTION Manner of commission
1. Public uprising, and 1. By levying war
Elements: 2. By taking arms against the gov't;
1. That there be: against the Gov't. 2. By adhering to the
a. Public uprising; and enemies of the
Phils., giving them
b. Taking up of arms against the
aid or comfort
government. Time of commission
May be committed both Committed during a time
2. For the purpose of: during times of peace of war.
a. Removing from the allegiance to said and war
Government or its laws:
i. The territory of the Philippines, or Proof needed for conviction
any part thereof; or
Proved by showing the 1. Testimony of 2
ii. Any body of land, naval or other purpose of the uprising; witnesses, at least
armed forces; or there must be proof to the same overt
b. Depriving the Chief Executive or beyond reasonable act; or
Congress, wholly or partially, of any of doubt 2. Confession of
their powers or prerogatives. accused in open
court
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Giving aid and comfort is not criminal in Offenders: No qualifica- Principal offender/s must
rebellion. tions. belong to the military or
Persons acting as couriers or spies for police, or hold any public
office or employment,
rebels are guilty of rebellion.
with or without civilian
Mere silence regarding the presence of support.
rebels despite knowledge of a rebellion is Purpose: To overthrow Purpose: To destabilize
not punishable. the government. the government or
Rebellion cannot be complexed with, but diminish state power.
absorbs other crimes committed in Essence: Public Essence: Swift attack
furtherance of rebellious movement. There uprising and taking up accompanied by
is no complex crime of rebellion with of arms against the violence, intimidation,
murder and other common crimes, government. threat, strategy or
stealth directed against
whether such crimes are punishable under the government or any
a special law or general law (RPC) military camp or
provided that such crimes are committed in installation or
furtherance or in pursuance of the communication
movement to overthrow the government. networks, public utilities
(Ponce Enrile v. Amin, G. R. No. 93335, or other facilities needed
September 13, 1990). for the exercise and
continued possession of
ARTICLE 134-A power.
COUP DETAT
ARTICLE 135
Elements of coup detat: PENALTY FOR REBELLION OR
1. That the offender is a person or persons INSURRECTION OR COUP DETAT
belonging to military or police or holding
any public office or employment; Persons liable for rebellion, insurrection
2. That it is committed by means of a swift and/or coup detat:
attack, accompanied by violence, The leaders
intimidation, threat, strategy, or stealth; Any person who
3. That the attack is directed against duly a. Promotes;
constituted authorities of the Republic of b. Maintains; or
the Philippines or any military camp, or c. Heads a rebellion or insurrection;
installation, or communication networks, or
public utilities or other facilities needed for Any person who
the exercise and continued possession of a. Leads;
power; b. Directs; or
4. That the purpose of the attack is to seize c. Commands others to undertake a
or diminish state power. coup detat;
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Who shall be deemed the leader of the 2. Continuing to discharge the duties of their
rebellion, insurrection or coup detat in office under the control of the rebels;
case he is unknown? 3. Accepting appointment to office under the
Any person who in fact: rebels.
1. Directed the others,
2. Spoke for them, The offender must be a public officer or
3. Signed receipts and other documents employee.
issued in their name, or The crime presupposes the existence of
4. Performed similar acts, on behalf of the rebellion by other persons; the offender
rebels. must not be in conspiracy with the rebels;
otherwise, he himself will also be guilty of
Being a mere assistant to a principal, guilty rebellion.
of rebellion and punishable under the
second paragraph of Art. 135 is a ARTICLE 138
participant in the commission of Rebellion. INCITING TO REBELLION/
(People v. Lava, 28 SCRA 72 [1969]) INSURRECTION
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a. To prevent the promulgation or ARTICLE 140
execution of any law or the holding of PENALTY FOR SEDITION
any popular election;
b. To prevent the government or any Persons liable:
public officer from freely exercising its 1. The leader of the sedition;
or his functions, or prevent the 2. Other persons participating in the sedition.
execution of any Administrative Order;
c. To inflict any act of hate or revenge ARTICLE 141
upon the person or property of any CONSPIRACY TO COMMIT SEDITION
public officer or employee;
d. To commit, for any political or social Only Conspiracy to commit sedition is
end, any act of hate or revenge punishable and not proposal to commit
against private persons or any social sedition.
class; There must be an agreement both to attain
e. To despoil, for any political or social an object of sedition and to rise publicly
end, any person or the government of and tumultuously.
all its property or any part thereof.
ARTICLE 142
Tumultuous if caused by more than three INCITING TO SEDITION
persons who are armed or provided with the
means of violence Acts Punished:
1. Inciting others to commit sedition by
Sedition Rebellion means of speeches, proclamations,
writings, emblems cartoons, banners, or
In both, there must be public uprising.
other representations tending to the same
It is sufficient that the There must be taking up end;
public uprising is of arms against the 2. Uttering seditious words or speeches
tumultuous. Government. which tend to disturb the public peace;
3. Writing, publishing, or circulating scurrilous
The purpose of the The purpose is always
offenders may be political.
libels against the Government or any of its
political or social. duly constituted authorities.
4. Knowingly concealing such evil practices.
Not necessarily against Always against the
the government government Scurrilous means vulgar, mean, foul
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2. Arresting or searching any member while persons;
Congress is in session, except in cases c. That the purpose of the meeting is to
where such member has committed a commit any of the crimes punishable
crime punishable under the Code by a under the Code.
penalty higher than prision mayor.
Not all the persons present at the
Elements: meeting of the first form of illegal
a. That the offender is a public officer or assembly must be armed. It is
employee; sufficient that at least 2 persons are
b. That he arrests or searches any armed.
member of Congress; If none of the persons present in the
c. That the Congress, at the time of meeting are armed, there is no crime
arrest or search, is in regular or of Illegal Assembly.
special session;
d. That the member arrested or searched 2. Any meeting in which the audience,
has not committed a crime punishable whether armed or not, is incited to the
under the Code by a penalty higher commission of the crime of treason,
than prision mayor. rebellion or insurrection, sedition, or
assault upon a person in authority
Session - refers to the entire period from its
initial convening until its final adjournment. Requisites:
Parliamentary immunity does not protect a. That there is a meeting, a gathering or
members of Congress from responsibility group of persons, whether in a fixed
before the legislative body itself. place or moving;
The 1987 Constitution exempts member of b. That the audiences, whether armed or
Congress from arrest, while the Congress not, is incited to the commission of the
is in session, for all offenses punishable by crime of treason, rebellion or
a penalty less than prision mayor. insurrection, sedition or direct assault.
It is not necessary that the member is
actually prevented from exercising any of It is necessary that the audience is
his functions. It is sufficient that Congress actually incited. If in the meeting the
is in session. audience is incited to the commission
of rebellion or sedition, the crimes
Note: Under Sec 11, Art VI of the 1987 committed are ILLEGAL ASSEMBLY
Constitution A senator or Member of the as regards the organizers or leaders or
House of Representatives shall in all offenses persons merely present and INCITING
punishable by not more than six years TO REBELLION OR SEDITION
imprisonment, be privileged from arrest while insofar as the one inciting them is
Congress is in session. While Art 145 of the concerned.
RPC states penalty higher than prison mayor.
To be consistent with the Constitution, the Persons liable in illegal assemblies:
Constitution should prevail over Article 145, 1. The organizers or leaders of the meeting;
and the Constitution says 6 years, not prision 2. Persons merely present at the meeting.
mayor.
Presumptions:
CHAPTER THREE: ILLEGAL ASSEMBLIES If any person carries an unlicensed firearm, it
AND ASSOCIATIONS (ARTS. 146-147) is presumed that:
1. The purpose of the meeting insofar as he
ARTICLE 146 is concerned is to commit acts punishable
ILLEGAL ASSEMBLIES under the RPC, and
2. He is considered a leader or organizer of
Forms of Illegal Assemblies: the meeting.
1. Any meeting attended by armed persons The law does NOT distinguish
for the purpose of committing any of the whether or not the firearms are
crimes punishable under the Code licensed or unlicensed. It only gives a
presumption if the firearm used is
Requisites: unlicensed.
a. That there is a meeting, gathering or
group of persons, whether in a fixed A person invited to give a speech in an illegal
place or moving; assembly or meeting and incites the members
b. That the meeting is attended by armed of such assembly is guilty of inciting to sedition
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only and not punishable under illegal CHAPTER FOUR: ASSAULT UPON, AND
assembly. RESISTANCE & DISOBEDIENCE TO,
PERSONS IN AUTHORITY AND THEIR
ARTICLE 147 AGENTS (ARTS. 148-152)
ILLEGAL ASSOCIATIONS
ARTICLE 152
Prohibited associations: PERSONS IN AUTHORITY & AGENTS
Association totally or partially organized for: OF PERSONS IN AUTHORITY
1. The purpose of committing any of the
crimes punishable under the Code, or
2. Some purpose contrary to public morals. Agent of a
Public Officer Person in
Person in
(PO) Authority (PA)
Public morals refer to matters which affect Authority (APA)
the interest of society and public convenience
and is not limited to good customs Any person Any person Any person who,
who takes part directly vested by direct
Persons liable: in the with jurisdiction, provision of law
1. Founders, directors, and president of the performance whether as an or by election or
of public individual or as a by appointment
association
functions in member of some by competent
2. Members of the association the court or authority, is
government. governmental charged with the
corporation, maintenance of
Illegal Assembly Illegal Association board or public order and
commission. the protection
It is necessary that there It is not necessary that and security of
is an actual meeting or there is an actual life and property.
assembly of armed meeting.
persons for the purpose
specified in Art. 146. Any person who comes to aid of a person
in authority may be considered as an
It is the meeting and It is the act of forming or agent of a person in authority.
attendance at such organizing and
meeting that is membership in the
ARTICLE 148
punished. association that is
punished.
DIRECT ASSAULT
The persons liable are: The persons liable are: Two ways to commit:
1. The organizers or 1. The founders, 1. Without public uprising, by employing
leaders of the directors and force or intimidation for the attainment of
meetings, and president, and
any of the purposes enumerated in
2. The persons 2. The members.
present at the defining the crimes of sedition & rebellion
meeting.
Elements:
Organized for temporary More or less of some a. That the offender employs force or
purposes duration intimidation;
Held in connection with Even acts contrary to b. That the aim of the offender is to attain
crimes punishable under public morals are any of the purposes of the crime of
the RPC included. rebellion or any of the objects of the
crime of sedition;
c. That there is no public uprising.
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Elements: Direct assault is qualified when:
a. That the offender: 1. Committed with a weapon;
i. Makes an attack (equivalent to 2. Offender is a public officer or employee;
aggression), 3. Offender lays hands upon a person in
ii. Employs force (The force must be authority.
serious and must be of such a
character as to show contempt for Knowledge of the accused that the victim
authority (Gregorio). However, it is is a PA or APA is essential.
important to determine whether An attack is any offensive or antagonistic
the victim is a PA or APA. If the movement or action of any kind.
victim is a PA, the degree of force Teachers, professors, and persons in
employed against him is charge with the supervision of public or
immaterial as the mere laying of duly recognized private schools, colleges
hands on him is sufficient ( U.S. vs and universities shall be deemed persons
Gumban, 39 Phil 76). If the victim in authority, in applying Arts. 148 and 151.
is an APA, the violence, Evidence of motive of the offender is
intimidation, or resistance important when the person in authority or
employed by the offender must be his agent who is attacked or seriously
serious ( U.S. vs Tabiana,37 Phil intimidated is not in the actual
515). performance of his official duty.
Even when PA or APA agrees to fight, an
iii. Makes a serious intimidation attack made by accused constitutes Direct
(unlawful coercion, duress, putting Assault, except when the attack is made
someone in fear, exertion of an in lawful defense; the character of a
influence in the mind which must person in authority or agent is not laid off
be both immediate and serious), at will but attaches to him until he ceases
or to be in office.
iv. Makes a serious resistance (if not If Direct Assault is committed and as a
serious, crime committed may be result the PA or APA is killed, the crime
that under Article 151 or shall be the complex crime of Direct
resistance and disobedience); Assault with Homicide or Murder as the
b. That the person assaulted is a person case may be.
in authority or his agent; If Direct Assault is committed and the PA
c. That at the time of the assault the or APA suffers Serious or Less Serious
person in authority or his agent: Physical Injuries, the crime shall be a
i. Is engaged in the actual complex crime or Direct Assault with
performance of official duties, or Serious or Less Serious Physical Injuries.
ii. That he is assaulted by reason of
The crime of slight physical injuries is
the past performance of his official
absorbed in direct assault if committed
duties;
against an APA. If committed against a
d. That the offender knows that the one
PA, it will be considered as a separate
he is assaulting is a person in
offense.
authority or his agent in the exercise
The crime of direct assault is not
of his duties;
committed when the PA or APA is
e. That there is no public uprising.
suspended or under suspension when he
is attacked.
Considered NOT in the actual performance
of official duties: If the accused was also acting in the
1. When the PA or APA exceeds his powers performance of his official duties, crime
or acts without authority; committed may be coercion or physical
2. Unnecessary use of force or violence; injuries.
3. Descended to matters which are private in
nature. ARTICLE 149
INDIRECT ASSAULT
Two kinds of direct assault of the second
form: Elements:
1. Simple assault 1. That a PA or an APA is the victim of any of
2. Qualified assault the forms of direct assault defined in Art.
148;
2. That a person comes to the aid of the
APA;
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3. That the offender makes use of force or performance of official duty or gives a
intimidation upon such person coming to lawful order to the offender;
the aid of the APA. 2. That the offender disobeys such APA;
3. That such disobedience is not of a serious
Indirect assault can be committed only nature.
when a direct assault is also committed.
The offended party in indirect assault may The accused must have knowledge that
be a private person. the person giving the order is a peace
officer.
ARTICLE 150
DISOBEDIENCE TO SUMMONS ISSUED BY Direct Assault Distinguished from
THE NATL ASSEMBLY, ITS COMMITTEES Resistance or Serious Disobedience
OR SUBCOMMITTEES, BY THE
CONSTITUTIONAL COMMISSION, ITS Direct Assault Resistance
COMMITTEES, SUBCOMMITTEE OR
DIVISIONS The PA or APA must be Only in actual
engaged in the performance of duties.
performance of official
Acts punished: duties or that he is
1. Refusing, without legal excuse, to obey assaulted by reason
summons of Congress, or any commission thereof.
or committee chairman or member
authorized to summon witnesses; Force employed is Use of force is not so
serious. serious.
2. Refusing to be sworn or placed under
affirmation while before such legislative or Attack or Employment of Attack or Employment of
constitutional body or official; Force is deliberate Force is not deliberate.
3. Refusing to answer any legal inquiry or to Committed in any of the Committed by resisting
produce any books, papers, documents, or following ways: or seriously disobeying a
records in his possession, when required 1. By attacking, person in authority or his
by them to do so in the exercise of their 2. By employing force, agent
functions; 3. By seriously
4. Restraining another from attending as a intimidating;
witness in such legislative or constitutional 4. By seriously resisting
body; a person in authority
or his agent
5. Inducing disobedience to summons or
refusal to be sworn by any such body or
official. The disobedience contemplated consists
in the failure or refusal to obey a direct
The testimony of a person summoned order from the authority or his agent.
must be upon matters into which the In the crime of resistance and
legislature has jurisdiction to inquire. disobedience the offender must have
Any of the acts punished herein may also knowledge that the person arresting is a
constitute contempt. person in authority or an agent of a person
authority.
ARTICLE 151
RESISTANCE & DISOBEDIENCE TO A CHAPTER FIVE: PUBLIC DISORDER
PERSON IN AUTHORITY OR THE (ARTS. 153-156)
AGENTS OF SUCH PERSON
ARTICLE 153
Elements of resistance & serious TUMULTS & OTHER DISTURBANCES
disobedience: OF PUBLIC ORDER
1. That a PA or his APA is engaged in the
performance of official duty or gives a Acts punished:
lawful order to the offender; 1. Causing any serious disturbance in a
2. That the offender resists or seriously public place, office or establishment;
disobeys such person in authority or his
agent; Note: If disturbance is not serious in
3. That the act of the offender is not included nature, alarms and scandals under Article
in the provisions of Arts. 148-150. 155 is committed.
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peaceful meetings, if the act is not in fact tumultuous, it does not matter if
included in Arts. 131-132; there are such armed persons present on
that occasion.
3. Making an outcry tending to incite rebellion If the person who disturbs or interrupts the
or sedition in any meeting, association or meeting or religious worship is a public
public place; officer, he shall be liable under Art. 131 or
132.
Note: If outcry was premeditated to incite, Tumults and other disturbances can be
the crime committed is inciting to rebellion complexed with direct assault if the
or sedition. tumults and disturbances of public order
are directed to a person in authority or an
4. Displaying placards or emblems which agent of a person in authority.
provoke a disturbance of public order in
such place; ARTICLE 154
UNLAWFUL USE OF MEANS OF
5. Burying with pomp the body of a person PUBLICATION AND UNLAWFUL
who has been legally executed. UTTERANCES
The penalty next higher in degree shall be Actual public disorder or actual damage to
imposed upon persons causing any the credit of the state is not necessary.
disturbance or interruption of a tumultuous The mere possibility of causing such
character. damage is sufficient.
It is tumultuous if caused by more than
three persons who are armed or provided R.A. No. 248 prohibits the reprinting,
with the means of violence. However, this reproduction or republication of
is only a presumption juris tantum, hence if government publications and official
the disturbance is in fact tumultuous it is documents without previous authority.
immaterial that there are no such armed If the printer/owner of the printing
persons. Conversely if the gathering is not establishment took part in the preparation
and publication of the libelous writings he
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forgery under Art. 161. ARTICLE 164
In using the forged signature or stamp MUTILATION OF COINS- IMPORTATION
of the President or forged seal, the AND UTTERANCE OF MUTILATED COINS
participation of the offender is in effect
that of an accessory. Although the Acts punished
general rule is that he should be 1. Mutilating coins of the legal currency,
punished by a penalty two (2) degrees with the intent to damage or to defraud
lower, under Article 162 he is another;
punished by a penalty only one 2. Importing or uttering such mutilated coins,
degree lower. with the further requirement that there
must be connivance with the mutilator or
SECTION TWO: COUNTERFEITING COINS importer in case of uttering.
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SECTION THREE: FORGING TREASURY Bank (PNB) checks is not forgery under
OR BANK NOTES, OBLIGATIONS AND Art. 166 of RPC but falsification of
SECURITIES; IMPORTING AND UTTERING commercial documents under Art 172 in
FALSE OR FORGED NOTES, connection with Art. 171 of the Code.
OBLIGATIONS AND SECURITIES
ARTICLE 167
ARTICLE 166 COUNTERFEITING, IMPORTING AND
FORGING TREASURY OR BANK NOTES UTTERING INSTRUMENT NOT
OR OTHER DOCUMENTS PAYABLE TO PAYABLE TO BEARER
BEARER AND UTTERING THE SAME
Elements:
Acts penalized: 1. That there be an instrument payable to
1. Forging or falsification of treasury or bank order or other document of credit NOT
notes or other documents payable to payable to bearer;
bearer; 2. That the offender either forged, imported
or uttered such instrument;
Forging is committed by giving to a 3. That in case of uttering he connived with
treasury or bank note or any instrument the importer or forger.
payable to bearer or to order the Counterfeiting under Art. 167 must
appearance of a true and genuine involve an instrument payable to order
document; and falsification is committed or other document of credit not
by erasing, substituting, counterfeiting, or payable to bearer.
altering by any means, the figures, letters,
words, or signs contained therein (Art. ARTICLE 168
169). ILLEGAL POSSESSION AND USE OF
FALSE TREASURY OR BANK NOTES AND
2. Importation of the same: it means to bring OTHER INSTRUMENTS OF CREDIT
them into the Philippines, which
presupposes that the obligations or notes Elements:
are forged or falsified in a foreign country. 1. That the treasury or bank note or
3. Uttering the same in connivance with certificate or other obligation and
forgers or importers: it means offering securities payable to bearer or any
obligations or notes knowing them to be instrument payable to order or other
false or forged, whether such offer is document of credit not payable to bearer is
accepted or not, with a representation, by forged or falsified by another;
words or actions, that they are genuine 2. The offender knows that any of these
and with an intent to defraud. instruments is forged or falsified;
3. That he performs any of these acts:
What may be forged or falsified under a. Using any of such forged or falsified
Article 166: instruments; or
1. Treasury or bank notes; b. Possession with intent to use, any of
2. Certificates; the forged or falsified documents.
3. Other obligations and securities, payable
to bearer. Possession of false treasury or bank notes
alone is not a criminal offense. For it to
The Code punishes forging or falsification constitute an offense, possession must be
of bank notes and of documents of credit with intent to use said false treasury or
payable to bearer and issued by the State bank notes. (People vs. Digoro, G.R. No.
more severely than counterfeiting of coins L-22032, March 4, 1966)
because the first tends to bring such
documents into discredit and produces a The accused must have knowledge of the
lack of confidence on the part of the forged character of the note.
holders of the said documents to the
prejudice of the interests of the society A person in possession of falsified
and the State. Moreover, it is easier to document and who makes use of the
forge or falsify such certificates, notes, etc. same is presumed to be the material
and the profit derived therefrom is greater author of falsification.
and the incentive for its commission is
more powerful. (U.S. vs. Gardner 3 Phil
403).
The falsification of Philippine National
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ARTICLE 169 documents without previous authority.
HOW FORGERY IS COMMMITTED
ARTICLE 171
How committed: FALSIFICATION BY PUBLIC OFFICER,
1. By giving to treasury or bank note or any EMPLOYEE OR NOTARY OR
instrument payable to bearer or to order ECCLESIASTICAL MINISTER
the appearance of a true and genuine
document; Elements:
2. By erasing, substituting, or altering by any 1. That the offender is a public officer,
means the figures, letters, words or employee or notary public or ecclesiastical
signatures contained therein. minister;
PD 247 penalizes defacement, The ecclesiastical minister is liable
mutilation, tearing, burning or under this article if he shall commit
destroying of Central Bank notes and any of the acts of falsification with
coins. respect to any record or document of
It includes falsification and such character that its falsification
counterfeiting. may affect the civil status of persons.
2. That he takes advantage of his official
Forgery Falsification position when:
As used in Art. 169 The commission of any a. He has the duty to make or prepare or
refers to the falsification of the eight (8) acts otherwise to intervene in the
and counterfeiting of mentioned in Art. 171 preparation of the document
treasury or bank notes on legislative (only the b. He has the official custody of the
or any instruments act of making
document which he falsifies
payable to the bearer or alteration), public or
to order. official, commercial, or If he did not take advantage of his
private documents, or official position, he would be guilty
wireless, or telegraph of falsification of public document
messages. by a private individual under Art.
172.
SECTION FOUR: FALSIFICATION OF 3. The offender falsifies a document.
LEGISLATIVE, PUBLIC, COMMERCIAL AND
PRIVATE DOCUMENTS AND WIRELESS, Document is any written statement by which
TELEGRAPH AND TELEPHONE a right is established or an obligation
MESSAGES extinguished or by which a fact may be proven
or affirmed.
ARTICLE 170 The document must be complete or at
FALSIFICATION OF LEGISLATIVE least it must have the appearance of a true
DOCUMENT and genuine document.
The document must be of apparent legal
Elements: efficacy.
1. That there be a bill, resolution or In the 1st, 2nd, 6th, 7th (second part) and
ordinance enacted by or approved or 8th mode of falsification, there must be a
pending approval by either House of the GENUINE DOCUMENT.
Legislative or any provincial board or In the other paragraphs of Art. 171,
municipal council; falsification may be committed by
2. The offender alters the same; simulating or fabricating a document.
3. That he has no proper authority therefor;
4. That alteration changed the meaning of Different Modes of Falsifying a Document:
the document.
The bill, resolution or ordinance must A. Counterfeiting or imitating any
be genuine. handwriting, signature or rubric.
Offender may be private individual or
a public officer. Requisites:
The act of falsification is limited to 1. That there be an intent to imitate or an
altering it which changes its meaning. attempt to imitate;
Hence, other acts of falsification, even 2. The two signatures or handwriting, the
in legislative documents, are punished genuine and the forged bear some
either in Art. 171 or under Art. 172. resemblance to each other.
R.A. 248 prohibits the reprinting, If there is no attempt whatsoever
reproduction or republication of by the accused to imitate the
government publications and official signatures of the other person so
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that they are entirely unlike the colorable truth in the statements of
genuine signature, the accused the accused.
may be found guilty under the If the narration of facts is
second mode of falsifying a contained in an affidavit or a
document. statement required by law to be
sworn to, the crime committed is
B. Causing it to appear that persons have perjury.
participated in an act or proceeding
when they did not in fact so participate. E. Altering true dates
Date must be essential.
Requisites: The alteration of the date or dates in a
1. That the offender caused it to appear document must affect either the
in a document that a person or veracity of the document or the effects
persons participated in an act or thereof.
proceeding; Alteration of dates in official receipts to
2. That such persons did not in fact so prevent discovery of malversation is
participate in the act or proceeding. falsification
The imitation of the signature of
the offended party is not F. Making alteration or intercalation in a
necessary in this mode of genuine document which changes its
falsification. meaning.
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acts in which they intervene. forth.
Mere falsification of private document
H. Intercalating any instrument or note is not enough. Two things are
relative to the issuance in a protocol, required:
registry or official book. i. He must have falsified the same;
ii. He must have performed an
ARTICLE 172 independent act which operates to
FALSIFICATION BY PRIVATE INDIVIDUALS the prejudice of third persons.
AND USE OF FALSIFIED DOCUMENTS Damage need not be material,
damage to ones honor is included.
Acts punished: There is no crime of estafa through
1. Falsification of public, official or falsification of a private document
commercial document by a private because the immediate effect of
individual falsification of private document is the
same as that of estafa.
Elements: Generally, falsification is
a. The offender is a private individual or consummated when the genuine
a public officer or employee who did document is altered or the moment the
not take advantage of his official false document is executed. It is
position; immaterial that the offender did not
b. That he committed any of the acts of achieve his objective.
falsification enumerated in Art.171
(Pars.1-6); 3. Use of falsified documents.
c. That the falsification was committed in
a public or official or commercial Elements:
document. a. Introducing in a judicial proceeding
i. That the offender knew that the
Public document a document created, document was falsified by another
executed or issued by a public official in person;
response to the exigencies of the public ii. That the false document was
service, or in the execution of which a embraced in Art. 171 or in any
public official intervened subdivision No.1 or 2 of Art. 172;
iii. That he introduced said document
Official document a document which is in evidence in any judicial
issued by a public official in the exercise of proceeding.
the functions of his office No damage is required.
Commercial document any document b. Use in any other transaction
defined and regulated by the Code of i. That the offender knew that the
Commerce or any other commercial laws document was falsified by another
person;
2. Falsification of private document by ii. That the false document was
any person; embraced in Art. 171 or in any of
subdivision No. 1 or 2 of Art. 172;
Elements: iii. That he used such document (not
a. That the offender committed any of in judicial proceeding);
the acts of falsification except those in iv. That the use of the false
par. 7, enumerated in Art.171; document caused damage to
b. That the falsification was committed in another or at least it was used
a private document; with intent to cause damage.
c. That the falsification caused damage
to a third party or at least the Notes:
falsification was committed with the If a person knowingly offers in evidence a
intent to cause damage. FALSE WITNESS OR TESTIMONY,
Article 184 should apply.
Private document or instrument If a person makes, presents or uses any
executed by a private person without record, document, paper or object with
the intervention of a notary public or knowledge of its falsity and with intent to
other person legally authorized, by affect the course or outcome of the
which document some disposition or investigation of, or official proceedings IN
agreement is proved, evidenced or set CRIMINAL CASES, such person is liable
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Elements:
a. That the accused knew that wireless,
cable, telegraph or telephone
message was falsified by any person
st
specified in 1 paragraph of Art.173;
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SECTION SIX: MANUFACTURING, It does not apply to occupant under color
IMPORTING AND POSSESSION OF of title.
INSTRUMENTS OR IMPLEMENTS Republic Act No. 75 provides penalty for
INTENDED FOR THE COMMISSION OF usurping authority of diplomatic, consular
FALSIFICATION or other official of a foreign government in
addition to the penalty imposed by the
ARTICLE 176 Revised Penal Code
MANUFACTURING AND POSSESSION OF There must be a positive, express, and
INSTRUMENTS AND IMPLEMENTS FOR explicit representation on the part of the
FALSIFICATION offender
Two offenses contemplated in Art. 177: Using Fictitious Name Concealing True Name
1. Usurpation of authority
2. Usurpation of official functions Element of publicity must be Element of publicity is
present. not necessary.
How committed: The purpose is either to The purpose is merely to
1. By knowingly misrepresenting oneself to conceal a crime, to evade the conceal identity.
be an officer, agent or representative of execution of a judgment, or to
the government, whether local, national or cause damage.
foreign;
2. By performing any act pertaining to a
person in authority or public officer of the
government under the pretense of official
position and without authority.
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Using Usurpa- Estafa Using proper local civil registry, and no person
Fictitious tion of (par. Fictitious shall use any name or names other than
Name (Art. Civil 2a, Art. Name Under his original or real name unless the same
178) Status 315) P.D. 1829 is or are duly recorded in the proper local
(Art. 348)
civil registry.
Purpose of Purpose Purpose Purpose of
the offender is to enjoy is to publicly using a No person having been baptized with a
is to (a) the rights defraud fictitious name name different from that with which he was
conceal a arising third is to conceal a registered at birth in a local civil registry, or
crime; (b) from the persons crime, evade in case of an alien, registered in the
evade the civil status prosecution or bureau of immigration upon entry, or any
execution of of the the execution person who obtained judicial authority to
a judgment; person of a judgment use an alias, or who uses a pseudonym,
or (c) to imperson or concealing shall represent himself in any public or
cause ated his true name
private transaction or shall sign or execute
damage to and other
public personal any public or private document without
interest. circumstances stating or affixing his real or original name
for the same and all names or aliases or pseudonym he
purpose or is or may have been authorized to use.
purposes
ARTICLE 179
The crimes under this Article may be ILLEGAL USE OF UNIFORM OR INSIGNIA
complexed with the crime of delivering
prisoners from jail, but may not be Elements:
complexed with evasion of service of 1. That the offender makes use of insignia,
sentence. uniform or dress;
2. That the insignia, uniform or dress pertains
COMMONWEALTH ACT NO. 142, to an office not held by the offender or to a
as amended by REPUBLIC ACT NO. 6085 class of person of which he is not a
An Act Regulating the Use of Aliases member; and
3. That said insignia, uniform or dress is
General rule: No person shall use any name used publicly and improperly.
different from the one with which he was
registered at birth in the office of the local civil Wearing the uniform of an imaginary office
registry, or with which he was registered in the is NOT punishable. The office must
Bureau of Immigration upon entry, or such actually exist.
substitute name as may have been authorized An EXACT IMITATION of a uniform or
by a competent court. dress is UNNECESSARY.
Republic Act No. 493 punishes the
Exception: As pseudonym solely for literary, wearing of insignia, badge or emblem of
cinema, television, radio or other rank of the members of the Armed Forces
entertainment purposes and in athletic events of the Philippines or Constabulary.
where the use of pseudonym is a normally Republic Act No. 75 punishes the use of
accepted practice. uniform, decoration or regalia of a foreign
Any person desiring to use an alias shall State
apply for authority therefor in proceedings Executive Order No.297 punishes the
like those legally provided to obtain judicial illegal manufacture, sale, distribution and
authority for a change of name. use of PNP uniforms, insignias and other
No person shall be allowed to secure such accoutrements.
judicial authority for more than one alias.
The petition for an alias shall set forth: SECTION TWO: FALSE TESTIMONY
1. The persons baptismal and family
name and the name recorded in the False testimony is committed by any
civil registry, if different, his person who, being under oath, and required to
immigrants name, if an alien, and his testify as to the truth of a certain matter at a
pseudonym, if he has such names hearing before a competent authority, shall
other than his original or real name, deny the truth or say something contrary to it.
2. The reason or reasons for the use of
the desired alias. Three forms of false testimony
The judicial authority for the use of alias, 1. False Testimony in Criminal Cases
the Christian name and the aliens (Art. 180-181)
immigrant name shall be recorded in the 2. False Testimony in Civil Cases (Art. 182)
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3. False Testimony in other cases (Art. 183) ARTICLE 182
FALSE TESTIMONY IN
ARTICLE 180 CIVIL CASES
FALSE TESTIMONY AGAINST A
DEFENDANT Elements:
1. That the testimony must be given in a civil
Elements: case;
1. That there be a criminal proceeding; 2. That the testimony must relate to the
2. That the offender testifies falsely under issues presented in said case;
oath against the defendant therein; 3. That the testimony must be false;
3. That the offender who gives false 4. That the false testimony must be given by
testimony knows that it is false; the defendant knowing it to be false;
Good faith is a defense 5. That the testimony must be malicious and
4. That the defendant against whom the false given with an intent to affect the issues
testimony is given is either acquitted or presented in said case.
convicted in a final judgment.
Penalty depends upon the sentence of the Art. 182 is NOT applicable when the false
defendant against whom false testimony testimony is given in special proceedings.
was given.
Defendant must be sentenced to at least a Civil case an ordinary suit in a court of
correctional penalty or a fine, or must be justice, by which one party prosecutes
acquitted. another for the enforcement or protection
The offender is liable even if his testimony of a right, or the prevention or redress or a
was not considered by court. The law wrong and that every other remedy is a
intends to punish the mere giving of false special proceeding (People vs. Hernandez
testimony. 67 O.G. 8330).
The testimony must be complete.
Art. 180 applies to Special Penal Laws The criminal action for false testimony
because Special Penal Laws follow the must be suspended when there is a
nomenclature of the Revised Penal Code pending determination of the falsity of the
subject testimonies of private respondents
ARTICLE 181 in the civil case (Ark Travel Express vs.
FALSE TESTIMONY FAVORABLE Judge Abrogar 410 SCRA 148 [2003]).
TO THE DEFENDANT
ARTICLE 183
The false testimony in favor of the PERJURY
defendant need not directly influence the
decision of the acquittal and it need not Two ways of committing perjury:
benefit the defendant. 1. By falsely testifying under oath;
Conviction or acquittal of defendant in 2. By making a false affidavit.
principal case is not necessary.
False testimony is punished not because Falsely testifying under oath must NOT be
of the effect it actually produces but in a judicial proceeding.
because of its tendency to favor or to Testimony must be complete.
prejudice the defendant.
A defendant who falsely testifies in his Elements:
own behalf in a criminal case can only be 1. That the accused made a statement under
guilty of Art. 181 when he voluntarily goes oath or executed an affidavit upon a
upon the witness stand and falsely material matter;
imputes to some other person the 2. That the statement or affidavit was made
commission of a grave offense. If he before a competent officer authorized to
merely denies the commission of the crime receive and administer oath;
or his participation therein, he should not 3. That in that statement or affidavit, the
be prosecuted for false testimony. (U.S. accused made a willful and deliberate
vs. Soliman 36 Phil.5 [1917]) assertion of a falsehood;
Testimony must be complete. 4. That the sworn statement or affidavit
containing the falsity is required by law.
Rectification made spontaneously after
realizing the mistake is not false
testimony.
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Note: However, in People v. Angangco (G.R. a perjury may be punished under Art. 183
No. L-47693, Oct.12, 1943), the SC held that in relation to Art. 17.
the statement need not be required but that it
was sufficient if it was AUTHORIZED by law to ARTICLE 184
be made. OFFERING FALSE TESTIMONY IN
EVIDENCE
Material matter is the main fact which is the
subject of the inquiry or any circumstance Elements:
which tends to prove that fact or circumstance 1. That the offender offered in evidence a
which tends to corroborate or strengthen the false witness or testimony;
testimony relative to the subject of inquiry, or 2. That he knew the witness or testimony
which legitimately affects the credit of any was false;
witness who testifies. 3. That the offer was made in a judicial or
official proceeding.
Material when it is directed to prove a fact in
issue. Art. 184 does not apply when the offender
induced a witness to testify falsely. Art.
Relevant when it tends in any reasonable 184 applies when the offender knowingly
degree to establish the probability or presented a false witness, and the latter
improbability of a fact in issue. testified falsely.
Testimony must be complete
Pertinent when it concerns collateral Penalty is that for false testimony if
matters which make more or less probable the committed in a judicial proceeding and the
proposition at issue. penalty is that for perjury if committed in
other official proceeding.
Oath any form of attestation by which a
person signifies that he is bound in conscience CHAPTER THREE:
to perform an act faithfully and truthfully. FRAUDS (Arts. 185-189)
Affidavit a sworn statement in writing; a
ARTICLE 185
declaration in writing, made upon oath before MACHINATIONS IN PUBLIC AUCTIONS
an authorized magistrate or officer.
Art 183 governs in false testimony given in Acts punishable:
cases other than those punished in Arts 1. Soliciting any gift or promise as a
180-182, and in actions for perjury. consideration for refraining from taking
Good faith or lack of malice is a defense in part in the public auction;
perjury.
There is no perjury if sworn statement is Elements:
not material to the principal matter under a. That there be a public auction;
investigation. b. That the accused solicited any gift or a
There is no perjury through negligence or promise from any of the bidders;
imprudence. c. That such gift or promise was the
Two contradictory sworn statements are consideration for his refraining from
not sufficient to convict of perjury. The taking part in that public auction.
prosecution must prove which of the two d. That the accused had the intent to
statements is false, and must show that cause the reduction of the price of the
the statement to be false by other thing auctioned.
evidence that the contradictory statement. Consummated by mere solicitation.
Competent person a person who has a 2. Attempting to cause bidders to stay away
right to inquire into the questions presented to from an auction by threats, gifts, promises
him upon matters under his jurisdiction or any artifice.
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d. That the accused had the intent to corporation or association, the president
cause the reduction of the price of the and directors or managers are liable when
thing auctioned. they (1) knowingly permitted or (2) failed to
Consummated by mere attempt. prevent the commission of such offenses.
The person liable is the: Note: Arts. 188 and 189 have been
a. Manufacturer, REPEALED by the Intellectual Property Code.
b. Producer,
c. Processor, or REPUBLIC ACT NO. 8293
d. Importer of any merchandise or object Intellectual Property Code
of commerce.
Intellectual Property Rights consists of:
The crime is committed by (1) combining, 1. Copyright and Related Rights;
(2) conspiring, or (3) agreeing with any 2. Trademarks and Service Marks;
person. 3. Geographic Indications;
4. Industrial Designs;
The purpose is (1) to make transactions 5. Patents;
prejudicial to lawful commerce, or (2) to 6. Layout-Designs (Topographies) of
increase the market price of any Integrated Circuits; and
merchandise or object of commerce 7. Protection of Undisclosed Information
manufactured, produced, processed,
assembled or imported into the Technology transfer arrangements -
Philippines. contracts or agreements involving the transfer
of systematic knowledge for the manufacture
Mere conspiracy or combination is of a product, the application of a process, or
punished. rendering of a service including management
If the offense affects any food substance contracts; and the transfer, assignment or
or other particles of prime necessity, it is licensing of all forms of intellectual property
sufficient that initial steps are taken. rights, including licensing of computer software
When offense is committed by a
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except computer software developed for mass even in the event of acquittal in a criminal
market. case.
In an infringement action, the court
Criminal action for repetition of shall also have the power to order the
infringement seizure and impounding of any article
If infringement is repeated by the infringer which may serve as evidence in the
or by anyone in connivance with him after court proceedings. (Sec. 28, P.D. No.
finality of the judgment of the court against 49a)
the infringer, the offenders shall, without In determining the number of years of
prejudice to the institution of a civil action imprisonment and the amount of fine,
for damages, be criminally liable therefor. the court shall consider the value of
The making, using, offering for sale, the infringing materials that the
selling, or importing a patented product or defendant has produced or
a product obtained directly or indirectly manufactured and the damage that
from a patented process, or the use of a the copyright owner has suffered by
patented process without the authorization reason of the infringement.
of the patentee constitutes patent Any person who at the time when
infringement. copyright subsists in a work has in his
possession an article which he knows,
Remedies for infringement or ought to know, to be an infringing
Any person infringing a right protected under copy of the work for the purpose of:
this law shall be liable: a. Selling, letting for hire, or by way
1. To an injunction restraining such of trade offering or exposing for
infringement. The court may also order the sale, or hire, the article;
defendant to desist from an infringement, b. Distributing the article for purpose
among others, to prevent the entry into the of trade, or for any other purpose
channels of commerce of imported goods to an extent that will prejudice the
that involve an infringement, immediately rights of the copyright owner in the
after customs clearance of such goods. work; or
2. Pay to the copyright proprietor or his c. Trade exhibit of the article in
assigns or heirs such actual damages, public, shall be guilty of an offense
including legal costs and other expenses, and shall be liable on conviction to
as he may have incurred due to the imprisonment and fine as above
infringement as well as the profits the mentioned. (Sec. 29, P.D. No.
infringer may have made due to such 49a)
infringement, and in proving profits the
plaintiff shall be required to prove sales Unfair competition:
only and the defendant shall be required to 1. Any person, who is selling his goods and
prove every element of cost which he gives them the general appearance of
claims, or, in lieu of actual damages and goods of another manufacturer or dealer,
profits, such damages which to the court either as to the goods themselves or in the
shall appear to be just and shall not be wrapping of the packages in which they
regarded as penalty. are contained, or the devices or words
3. Deliver under oath, for impounding during thereon, or in any other feature of their
the pendency of the action, upon such appearance, which would be likely to
terms and conditions as the court may influence purchasers to believe that the
prescribe, sales invoices and other goods offered are those of a manufacturer
documents evidencing sales, all articles or dealer, other than the actual
and their packaging alleged to infringe a manufacturer or dealer, or who otherwise
copyright and implements for making clothes the goods with such appearance
them. as shall deceive the public and defraud
4. Deliver under oath for destruction without another of his legitimate trade, or any
any compensation all infringing copies or subsequent vendor of such goods or any
devices, as well as all plates, molds, or agent of any vendor engaged in selling
other means for making such infringing such goods with a like purpose;
copies as the court may order. 2. Any person who by any artifice, or device,
5. Such other terms and conditions, including or who employs any other means
the payment of moral and exemplary calculated to induce the false belief that
damages, which the court may deem such person is offering the services of
proper, wise and equitable and the another who has identified such services
destruction of infringing copies of the work in the mind of the public; or
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3. Any person who shall make any false TITLE FIVE:
statement in the course of trade or who CRIMES RELATED TO OPIUM AND OTHER
shall commit any other act contrary to PROHIBITED DRUGS
good faith of a nature calculated to
discredit the goods, business or services REPUBLIC ACT NO. 9165
of another (Sec. 168.3, Intellectual Comprehensive Dangerous Drugs Act of
Property Code). 2002 (Repealing RA No. 6425, otherwise
known as the
False Designations of Origin; False Dangerous Drugs Act of 1972)
Description or Representation
Any person who, on or in connection with any Controlled precursors and essential
goods or services, or any container for goods, chemicals (CP/EC) include those listed in
uses in commerce any word, term, name, Tables I and II of the 1988 UN Convention
symbol, or device, or any combination thereof, Against Illicit Traffic in Narcotic Drugs and
or any false designation of origin, false or Psychotropic Substances
misleading description of fact, or false or
misleading representation of fact, which: Dangerous Drugs (DD) include those listed
1. Is likely to cause confusion, or to cause in the Schedules annexed to the 1961 Single
mistake, or to deceive as to the affiliation, Convention on Narcotic Drugs, as amended by
connection, or association of such person the 1972 Protocol, and in the Schedules
with another person, or as to the origin, annexed to the 1971 Single Convention on
sponsorship, or approval of his or her Psychotropic Substances
goods, services, or commercial activities Any person charged under any provision
by another person; or of this Act regardless of the imposable
2. In commercial advertising or promotion, penalty shall NOT be allowed to avail of
misrepresents the nature, characteristics, the provisions of plea-bargaining. (Sec.
qualities, or geographic origin of his or her 23)
or another person's goods, services, or Any person convicted for drug trafficking
commercial activities (Sec. 160, or pushing under this Act, regardless of
Intellectual Property Code). the penalty imposed by the Court,
CANNOT avail of the privilege granted by
Liable to a civil action for damages and the Probation Law (PD No. 968, as
injunction by any person who believes that amended). (Sec. 24)
he or she is or is likely to be damaged by Notwithstanding the provisions of the law
such act. to the contrary, a positive finding for the
Independent of the civil and administrative use of dangerous drugs shall be a
sanctions imposed by law the offender QUALIFYING AGGRAVATING
may also be criminally liable. CIRCUMSTANCE in the commission of a
crime by an offender, and the applicable
REPUBLIC ACT NO. 455 penalty provided for in the RPC shall be
Law on Smuggling applicable. (Sec. 25)
All proceeds and properties derived from
Acts punishable: the unlawful acts under this Act shall be
1. That the merchandise must have been confiscated and forfeited in favor of the
fraudulently or knowingly imported State (Sec. 20)
contrary to law;
PDEA shall take charge and have custody
2. That the defendant if he is not the importer
of all DD, CP/EC and equipment/
himself, must have received, concealed,
paraphernalia confiscated, seized or
bought, sold or in any manner facilitated surrendered for proper disposition. (Sec.
the transportation, concealment, or sale of 21)
the merchandise and that he must be
If the violators are government officials
shown to have knowledge that the
and employees, maximum penalties of the
merchandise had been illegally imported.
unlawful act plus absolute perpetual
disqualification from any public office shall
be imposed. (Sec 28).
In addition to the penalties prescribed in
the unlawful act committed, any alien who
violates such provisions of this Act shall,
after service of sentence, be deported
immediately without further proceedings,
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unless death is the penalty. (Sec. 31) Those found to be positive for
dangerous drugs shall be subjected to
Dangerous Drugs Test and Record the provisions of Sec. 15 (Use of
Requirement (Article III) Dangerous Drugs), which involves
The following shall be subjected to undergo rehabilitation for a minimum period of
drug testing: 6 months for the first offense, or
1. Applicants for drivers license. imprisonment of 6 to 12 years for the
2. Applicants for firearms license and for second offense.
permit to carry firearms outside of The privilege of suspended sentence shall
residence. be availed of only ONCE by an accused
All persons who by the nature of their drug dependent who is a first-time offender
profession carry firearms shall over fifteen (15) years of age at the time of
undergo drug testing. the commission of the violation of Section
3. Students of secondary and tertiary 15 (Use of Dangerous Drugs) but not more
schools. than eighteen (18) years of age at the time
4. Officers and employees of public and when judgment should be promulgated.
private offices (whether domestic or (Sec. 68)
overseas)
Shall be subjected to undergo a Acts Punished:
random drug test. Any officer or (For table of acts punished see Annex J)
employee found positive of use of 1. Importation of dangerous drugs and/or
dangerous drugs shall be dealt with controlled precursors and essential
administratively which shall be a chemicals. (Section 4)
ground for suspension or termination 2. Sale, trading, administration, dispensation,
subject to the provisions of Art. 282 of delivery, distribution and transportation of
the Labor Code and pertinent dangerous drugs and/or controlled
provisions of the Civil Service Law. precursors and essential chemicals.
5. Officers and members of the military, (Section 5)
police and other law enforcement 3. Maintenance of a den, dive or resort.
agencies shall undergo an annual (Section 6)
mandatory drug test. 4. Employment in and visiting a den, dive or
6. All candidates for public office whether resort. (Section 7)
appointed or elected both in the national or 5. Manufacture of dangerous drugs and/or
local government shall undergo a controlled precursors and essential
mandatory drug test. (SEE NOTE # 2) chemicals. (Section 8)
6. Illegal chemical diversion of controlled
Notes: precursors and essential chemicals.
1. The testing requirement is no longer (Section 9)
required for those charged before the 7. Manufacture or delivery of equipment,
prosecutors office. The Court held that instrument, apparatus and other
such testing is unconstitutional as it paraphernalia for dangerous drugs and/or
effectively singles out its subject and controlled precursors essential chemicals.
seeks to violate his rights against self- (Sec. 10)
incrimination and privacy. A person 8. Possession of dangerous drugs. (Sec. 11)
accused of an offense does not consent to 9. Possession of equipment, instrument,
such testing and neither does he waive his apparatus and other paraphernalia for
right to privacy simply by being a person dangerous drugs. (Sec. 12)
accused of a crime. (SJS v. DDB and 10. Possession of dangerous drugs during
PDEA, G.R. No. 157870, November 3, parties, social gatherings or meetings or in
2008) the proximate company of at least 2
2. The Court has also held that the testing persons. (Sec. 13)
requirement as to national officials whose 11. Possession of equipment, instrument,
qualifications have been expressly set in apparatus and other paraphernalia for
the Constitution, such as the President, dangerous drugs during parties, social
Vice President, Senators and gatherings or meetings or in the proximate
Congressmen, is unconstitutional. Where company of at least 2 persons. (Sec. 14)
the Constitution has expressly set out the 12. Use of dangerous drugs. (Sec. 15)
qualifications, these are exclusive and 13. Cultivation or culture of plants classified as
may not be broadened nor circumscribed dangerous drugs or are sources thereof.
by legislative fiat. (SJS v. DDB and PDEA, (Sec. 16)
G.R. No. 157870, November 3, 2008) 14. Failure to maintain and keep records of
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transactions on dangerous drugs and/or and quantitative examination.
controlled precursors and essential 3. Certification of the results of the laboratory
chemicals. (Sec. 17) examination within 24 hours from the
15. Unnecessary prescription of dangerous receipt of the subject items. When the
drugs. (Sec. 18) volume of the subject does not allow the
16. Unlawful prescription of dangerous drugs. completion of the examination within 24
(Sec. 19) hours, a partial laboratory report shall be
issued, with a final certification to follow
Other Acts Punished Under RA 9165 within the next 24 hours.
1. Misappropriation, misapplication or failure 4. Filing of the criminal case in court.
to account seized, confiscated or 5. Ocular inspection by the Court of the
surrendered DD, CP/EC and plants which subject seized, confiscated or
are sources of DD, instruments, surrendered.
paraphernalia or lab equipment, including 6. Within the next 24 hours, the burning or
proceeds/ properties obtained from the destroying of the items in the presence of
unlawful act (Sec. 27). the accused or his counsel, representative
2. Benefitting from the proceeds of trafficking from the media, DOJ, civil society, and any
of dangerous drugs. (Sec. 27) elected public official.
3. Receiving financial/material contributions 7. Sworn certification of the burning or
from persons found guilty of trafficking disposal is issued by the DDB.
dangerous drugs. (Sec. 27) 8. Submission of the sworn certificate of
4. Planting of dangerous drugs, controlled destruction or burning to the court.
precursors or essential chemicals as 9. After promulgation of judgment by the
evidence. (Sec. 29) court, the representative sample, with
5. Consenting or knowingly tolerating any leave of court, shall be turned over to the
violation of RA 9165. (Sec. 30) PDEA which shall destroy the same within
6. Knowingly consenting to, tolerating, or 24 hours from its receipt.
authorizing the use of a vehicle, vessel, 10. The DDB shall be informed of the
aircraft, equipment or other facility, as an termination of the case.
instrument in the importation, sale, trading,
administration, dispensation, delivery, Note: Non-compliance with the procedure
distribution, transportation or manufacture outlined in Section 21(a), of Republic Act No.
of dangerous drugs, or chemical diversion 9165, shall not render void and invalid such
if the same are owned by or under the seizures of and custody over said items, for as
control or supervision of the officers of long as the integrity and evidentiary value of
juridical entities. (Sec. 30) the seized items are properly preserved by the
7. Violating any rule or regulation issued by apprehending officers. (People v. Lopez GR
the DDB pursuant to RA 9165. (Sec. 32) No. 181747 September 29, 2008)
8. Issuance of a false or fraudulent
dangerous drug test result. (Sec. 37) Requisites for immunity from prosecution
9. Violation of the confidentiality rule on and punishment: (Sec. 33)
records of drug dependents under 1. The accused should be prosecuted for
voluntary submission. (Sec. 72) violation of Sec. 7, 11, 12, 14, 15, and 19
10. Failure or refusal to appear as a witness of the said Act;
for any violation of this act. (Sec. 91) 2. Voluntarily gives information of any of
11. Delay or bungling in the handling of the these acts: Sec. 4, 5, 6, 8, 12, 13, and 16;
prosecution of drug related cases. (Sec. violation of any other provisions of the Act
92) if committed by a syndicate including any
information leading to the whereabouts,
Custody and Disposition of Confiscated, identities, and arrests of any/ all of the
Seized, Surrendered Dangerous Drugs, syndicate members;
Paraphernalia etc. (Sec. 21) 3. He willingly testifies against any of the
1. Physical inventory and photograph the individuals;
articles seized in the presence of the 4. His testimony has complied with the
accused, his representative or counsel, a following:
representative from the media and the a. It is necessary for the conviction of the
DOJ, and any elected public official who above persons;
shall be required to sign the copies of the b. It is not yet in the possession of the
inventory and be given a copy thereof. State;
2. Submit the article within 24 hours to the c. It can be substantially corroborated in
PDEA Forensic Laboratory for a qualitative his material points;
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d. The witness has not been convicted of drug dependent and determine
the crime involving moral turpitude whether further confinement will be for
except when there is no evidence the welfare of the drug dependent and
available for his prosecution other his/ her family or community.
than the testimony of the witness;
e. The witness shall strictly and faithfully Exemption from the Criminal Liability
comply without delay any conditions/ under the Voluntary Submission Program
undertaking lawfully imposed by the (Sec. 5):
Sate;
f. The witness does not appear to be the Requisites:
most guilty; and 1. He/ she has complied with the rules and
g. There is no direct evidence of regulations of the center, the applicable
available mistake except for the rules and regulations of the Board,
testimony of the witness. including the after-care and follow-up
program for at least 18 months following
Grounds for termination of immunity: (Sec. temporary discharge from confinement in
34) the center
1. If the testimony is false, malicious, or may 2. He/ she has never been charged or
only harass or prejudice the accused. convicted under this Act
2. Failure or refusal to testify without just 3. He/ she has no record of escape from a
cause. center
3. Violating any condition for immunity. 4. He/ she possesses no serious danger to
himself/ herself, his/ her family or the
Effect of termination of immunity: (Sec. 34) community by his/ her exemption from
The immunity shall cease and the witness criminal liability.
shall be prosecuted or cited for contempt.
Compulsory confinement of a drug
Voluntary submission of a drug dependent dependent who refuses to apply under the
to confinement, treatment and voluntary submission program (Sec. 61):
rehabilitation (Sec. 54) Notwithstanding any law, rule and
The drug dependent may, by himself/ regulation to the contrary, any person
herself or through his/ her parent, spouse, determined and found to be dependent on
th
guardian or relative within the 4 degree of dangerous drugs shall, upon petition by
consanguinity or affinity, apply to the the Board or any of its authorized
Board or its duly recognized representative, be confined for treatment
representative, for treatment and and rehabilitation in any Center duly
rehabilitation of the drug dependency designated or accredited for the purpose
Upon such application, the Board shall Such petition may be filed by any person
bring forth the matter to the Court which authorized by the Board with the RTC of
shall order that the applicant be examined the province or city where such person is
for drug dependency. found.
If positive:
a. The court issues an order for Prescription of the offense charged against
rehabilitation and treatment to a a drug dependent under the Compulsory
center for not less than 6 months; Submission Program (Sec. 63)
or It will not run during the time that the drug
b. May be placed in the care of DOH dependent is under confinement in a
accredited physician if theres no Center or otherwise under the treatment
available center; or and rehabilitation program approved by
c. When the drug dependent is the Board
under 18 years old, and first time
offender, and non-confinement in Suspension of Sentence of a First-Time
a center, will not pose a serious Minor Offender (Sec. 66)
danger to his/ her family or Accused: over 15 years old at the time of
community violation of Sec. 11 of this Act but not
more than 18 years old at the time when
Confinement in a center shall not the judgment should have been
exceed 1 year, after which time the promulgated after having been found guilty
Court, as well as the board, shall be of said offense. Suspension may be given
apprised by the head of the treatment subject to the following conditions:
and rehab center of the status of said Has not been previously convicted of
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violating any provision of CDDA of Gambling is any game of chance or
2002, DDA of 1972 , RPC, or any scheme, whether upon chance or skill,
special penal laws wherein wagers consisting of money, articles
Has not been previously committed to or value or representative of value are at stake
a Center or to the care of a DOH- or made.
accredited physician; and
Board favorably recommends it Under PD 1602, the following may be held
liable:
Discharge After Compliance with 1. Any person taking part, directly or
Conditions of Suspended Sentence of a indirectly in any illegal or unauthorized
First-Time Minor Offender (Sec. 67) activities or games of cockfighting,
If the first time minor offender under jueteng, jai alai or horse racing to include
suspended sentence complies with the bookie operations and game fixing,
rules and regulations of the Board, the numbers, bingo and other forms of
court, upon recommendation of the Board, lotteries; cara y cruz, pompiang and the
shall discharge the accused and dismiss like; 7-11 and any game using dice; black
all proceedings. jack, lucky nine, poker and its derivatives,
monte, baccarat, cuajo, pangguigue and
Dangerous Drugs Board and Philippine other card games; pak que, high and low,
Drug Enforcement Agency (Article IX) mahjong, domino and other games using
plastic tiles and the like; slot machines,
Dangerous Drugs Board shall be the roulette, pinball and other mechanical
policy-making and strategy-formulating body in contraptions and devices; doc racing, boat
the planning and formulation of policies and racing, car racing and other forms of
programs on drug prevention and control. races; basketball, boxing, volleyball,
bowling, pingpong and other forms of
Philippine Drug Enforcement Agency individual or team contests to include
(PDEA)- shall serve as the implementing arm game fixing, point shaving and other
of the Board, and shall be responsible for the machinations; banking or percentage
efficient and effective law enforcement of all game, or any other game or scheme,
the provisions on any dangerous drug and/or whether upon chance or skill, wherein
controlled precursor and essential chemical as wagers consisting of money, articles of
provided in the Act. value or representative of value are at
Among the powers and duties of the stake or made; or any person knowingly
PDEA is to prepare for prosecution or permitting any form of gambling previously
cause the filing of appropriate criminal and enumerated to be carried on in an
civil cases for violation of all laws on inhabited or uninhabited place or in any
dangerous drugs, controlled precursors building, vessel or other means of
and essential chemicals, and other similar transportation owned or controlled by him.
controlled substances, and assist, support 2. Any person knowingly permitting any form
and coordinate with other government of gambling to be carried on in a place
agencies for the proper and effective which has a reputation of a gambling place
prosecution of the same. (Sec. 84 [h]) or that prohibited gambling is frequently
carried on therein, or in a public or
The PDEA shall be the lead agency in the government building or barangay hall; or
investigation of any violation of RA No. 9165. maintainer or conductor the above
(Sec. 86, last par.) gambling schemes.
3. A government official who is a maintainer,
TITLE SIX: conductor or banker of the gambling
CRIMES AGAINST PUBLIC MORALS schemes, or the player, promoter, referee,
umpire, judge or coach in case of game
fixing, point shaving and other
CHAPTER ONE: GAMBLING AND BETTING
machinations.
(ARTS. 195-199)
4. Any person who knowingly and without
lawful purpose in any hour of any day,
Arts. 195-199 and provisions of PD 483 possesses any lottery list, paper or other
and 449 are repealed insofar as they are matter containing letters, figures, signs or
inconsistent with PD 1602, which provides symbols pertaining to or in any manner
for stiffer penalties for violation of the used in the games of jueteng, jai alai or
Gambling Laws. horse racing bookies and similar games of
lotteries and numbers which have taken
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correccional in its medium period and a made at a place other than a licensed
fine of 1,000 pesos with subsidiary cockpit.
imprisonment in case of insolvency at the 5. Owner, manager or lessee of the cockpit
discretion of the court. who shall permit gambling of any kind on
When the offender is an official or the premises of the cockpit or place of
employee of any government office or cockfighting during cockfights.
agency concerned with the enforcement
or administration of laws and regulations Cockfighting is allowed during:
on sports the penalty provided for in the 1. Sundays
preceding paragraph shall be imposed. In 2. Legal Holidays EXCEPT:
addition, he shall be disqualified from a. Rizal Day
holding any public office or employment b. Independence Day
for life. If he is an alien, he may be c. National Heroes Day
deported. (Section 3) d. Holy Thursday
e. Good Friday
ARTICLE 198 f. Election or Referendum Day
ILLEGAL BETTING ON HORSE RACES g. During the Registration days for
election or referendum
Acts punishable in illegal betting on horse 3. During local fiestas for not more than 3
races: days
1. By betting on horse races during the 4. During provincial, city or municipal,
periods not allowed by law. agricultural, commercial or industrial fair,
2. By maintaining or employing a totalizer or carnival or exposition for a similar period of
other device or scheme for betting on three days
races or realizing profit therefrom, during
the periods not allowed by law. CHAPTER TWO: OFFENSES AGAINST
Totalizer: a machine for registering and DECENCY AND GOOD CUSTOMS
indicating the number and nature of bets made (ARTS. 200-202)
on horse races.
ARTICLE 200
Horse Races are allowed during: GRAVE SCANDAL
1. Sundays not reserved
2. 24 Saturdays Elements:
3. Legal Holidays EXCEPT: 1. That the offender performs an act or acts.
a. Independence Day 2. That such act or acts be highly scandalous
b. Rizal Day as offending against decency or good
c. Registration or Voting day customs.
d. Holy Thursday 3. That the highly scandalous conduct is not
e. Good Friday expressly falling within any article of this
Code.
ARTICLE 199 4. That the act or acts complained of be
ILLEGAL COCKFIGHTING committed in a public place or within the
public knowledge or view.
Modified by: PD 449
Decency means proprietary of conduct;
Under PD 449, the following may be held proper observance of the requirements of
liable: modesty, good taste, etc.
1. Any person who, directly or indirectly,
participates in cockfights, by betting Customs established usage, social
money or other valuable things in a day conventions carried on by tradition and
other than those permitted by law. enforced by social disapproval of any violation
2. Any person who, directly or indirectly, thereof
organizes cockfights at which bets are
made in a day other than those permitted Grave scandal consists of acts which are
by law. offensive to decency and good customs which,
3. Any person who, directly or indirectly, having committed publicly, have given rise to
participates in cockfights, by betting public scandal to persons who have
money or other valuable things at a place accidentally witnessed the same
other than a licensed cockpit.
4. Any person who, directly or indirectly, If the act or acts of the offender are
organizes cockfights at which bets are punished under another article of the
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houses of ill fame; ruffians or pimps and authority.
those who habitually associate with
prostitutes; (Vagrant) The term public officers embraces every
4. Any person who, not being included in the public servant from the highest to the
provisions of other articles of this Code, lowest. For the purposes of the RPC, it
shall be found loitering in any inhabited or obliterates the standard distinction in the
uninhabited place belonging to another law of public officers between officer and
without any lawful or justifiable purpose. employee.
5. Prostitutes Temporary performance of public
functions by a laborer makes him a public
Art. 202 is NOT applicable to minors officer
Persons below eighteen (18) years of age
shall be exempt from prosecution for the CHAPTER TWO: MALFEASANCE AND
crimes of vagrancy and prostitution under Art. MISFEASANCE IN OFFICE (ARTS. 204-212)
202 of the RPC, of mendicancy under PD
1563, and sniffing of rugby under PD 1619, SECTION ONE: DERELICTION OF
such prosecution being inconsistent with the DUTY
United Nations Convention on the Rights of
the Child: Provided, That said persons shall Misfeasance improper performance of some
undergo appropriate counseling and treatment act which might lawfully be done
program. (Sec. 58, RA 9344 otherwise known
as the Juvenile Justice and Welfare Act of Malfeasance the performance of some act
2006) which ought not to be done
Prostitutes women who, for money or profit Nonfeasance omission of some act which
habitually indulge in sexual intercourse or ought to be performed
lascivious conduct.
ARTICLE 204
Dissolutes- lax, unrestrained, immoral KNOWINGLY RENDERING
UNJUST JUDGMENT
Ruffians- violent or lawless individuals
Elements:
Persons Liable under PD 1563 or the 1. That the offender is a judge;
Mendicancy Law: 2. That he renders a judgment in a case
Mendicant himself submitted to him for decision;
Any person who abets mendicancy by 3. That the judgment is unjust;
giving alms directly to mendicants, 4. That the judge knows that his judgment is
exploited infants, and minors on public unjust.
roads, sidewalks, parks and bridges.
Judgment the final consideration and
TITLE SEVEN: determination of a court of competent
CRIMES COMMITED BY A PUBLIC jurisdiction upon the matters submitted to it, in
OFFICER an action or proceeding
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2. Revealing any of the secrets of his client himself or through another;
learned by him in his professional capacity 3. That such offer or promise be accepted, or
Damage is NOT necessary. gift or present received by the public
officer
3. Undertaking the defense of the opposing a. With a view to committing some crime;
party in the same case without the consent or
of his first client after having undertaken b. In consideration of the execution of an
the defense of said first client or after act which does not constitute a crime,
having received confidential information but the act must be unjust; or
from said client c. To refrain from doing something which
If the client consents to the attorneys it is his official duty to do;
taking the defense of the other party, 4. That the act which the offender agrees to
there is no crime. perform or which he executes be
connected with the performance of his
Procurador judicial a person who had official duties.
some practical knowledge of law and
procedure, but not a lawyer, and was The provisions of Art. 210 are made
permitted to represent a party in a case before applicable to assessors, arbitrators,
an inferior court appraisal and claim commissioners,
experts or any other persons performing
SECTION TWO: BRIBERY public duties. (Art. 210, last par.)
ARTICLE 210 For the purpose of punishing bribery, the
DIRECT BRIBERY temporary performance of public functions
is sufficient to constitute a person a public
Acts Punished officer.
1. By agreeing to perform, or by performing
in consideration of any offer, promise, gift ARTICLE 211
or present, an act constituting a crime, in INDIRECT BRIBERY
connection with the performance of official
duties. Elements:
The acceptance of the offer or 1. That the offender is a public officer;
promise is enough to consummate the 2. That he accepts gifts;
crime. Absent such acceptance, only 3. That the said gifts are offered to him by
the person making the offer or reason of his office.
promise is liable for Attempted
Corruption of a Public Officer. Direct Bribery Indirect Bribery
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even on the occasion of a family celebration or family accept employment in a private
national festivity like Christmas, if the value of enterprise which has pending official
the gift is under the circumstances manifestly business with him during the pendency
excessive. thereof or within 1 year after his
termination.
Section 3. Corrupt Practices of Public
Officials: 5. Causing any undue injury to any party,
The corrupt practices herein enumerated are including the government, or giving any
in addition to acts or omissions of public private party any unwarranted benefits,
officers already penalized by existing law. advantage or preference in the discharge
1. Persuading, inducing or influencing of his administrative or judicial functions
another public officer to perform an act through manifest partiality, evident bad
constituting a violation of rules and faith or gross inexcusable negligence. This
regulations duly promulgated by provision shall apply to officers and
competent authority or an offense in employees of offices or Government
connection with the official duties of the corporations charged with the grant of
latter, or allowing himself to be persuaded, licenses or permits or other concessions
induced, or influenced to commit such To be held liable under said section,
violation or offense the act of the accused which caused
undue injury must have been done
Persons Liable: with manifest partiality, evident bad
a. Public officer who persuades, induces, faith or gross inexcusable negligence.
or influences another public officer. If the act was committed with malice,
b. Public officer who is persuaded, the crime committed may be that
induced or influenced. under Article 207 (malicious delay in
the administration of justice) of the
2. Directly or indirectly requesting or RPC.
receiving any gift, present, share, Gross negligence - negligence
percentage, or benefit, for himself or for characterized by the want of even
any other person, in connection with any slight care, acting or omitting to act in
other contract or transaction between the a situation where there is a duty to act,
government and any other party, wherein not inadvertently but willfully and
the public officer in his official capacity has intentionally with a conscious
to intervene under the law indifference to consequences in so far
The lack of demand is immaterial. as other persons may be affected. It is
After all, Sec. 3(b) of RA 3019 uses the the omission of that care which even
word or between requesting and inattentive and thoughtless men never
receiving. fail to take on their property.
There must be a clear intention on the (Alejandro v. People, G.R. No. 81031,
part of the public officer to take the gift February 20, 1989) In case of public
so offered and consider it as his or her officials, there is gross negligence
own property from then on. Mere when a breach of duty is flagrant and
physical receipt unaccompanied by any palpable. (Quibal v. Sandiganbayan,
other sign, circumstance or act to show G. R. No. 109991, May 22, 1995).
acceptance is not sufficient to lead the
court to conclude that the crime has 6. Neglecting or refusing, after due demand
been committed. (Peligrino vs. People, or request, without sufficient justification,
G.R. No. 136266, August 31, 2001) to act within reasonable time on any
matter pending before him for the purpose
3. Directly or indirectly requesting or of obtaining, directly or indirectly, from any
receiving any gift, present or other person interested in the matter some
pecuniary or material benefit, for himself or pecuniary or material benefit or
for another, from any person for whom the advantage, or for the purpose of favoring
public officer, in any manner or capacity his own interest or giving undue
has secured or obtained, or will secure or advantage in favor of or discriminating
obtain, any government permit or license, against any other interested party.
in consideration for the help given or to be
given, without prejudice to Sec. 13 of this 7. Entering on behalf of the Government, into
Act. any contract or transaction manifestly and
grossly disadvantageous to the same,
4. Accepting or having any member of his whether or not the public officer profited or
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continues for thirty days after such decrees and orders intended to benefit
approval to retain his interest also violates particular persons or special interests;
this section. 6. By taking undue advantage of official
position, authority, relationship, connection
Section 8. Prima facie evidence of and or influence to unjustly enrich himself or
dismissal due to unexplained wealth themselves.
A public official who has been found to
have acquired during his incumbency, These should be committed by a
whether in his name or the name of other combination or through a series of acts.
persons, an amount of property and/or There should be at least two acts
money manifestly out of proportion to his otherwise the accused should be charged
salary and to his lawful income (RA 1319) with the particular crime committed and
Ground for forfeiture of unexplained wealth not with plunder. A COMBINATION means
at least two acts of a different category
Section 11. Prescription of offenses while a SERIES means at least two acts of
15 years prescriptive period of all the same category (Estrada vs.
offenses under the Act Sandiganbayan, G.R. No. 148560,
November 21, 2001).
Section 12. Termination of office
Section 2. Definition of the Crime of
No public officer is allowed to resign or Plunder; Penalties
retire:
1. Pending investigation, criminal or Plunder a crime committed by any public
administrative or officer, by himself , or in connivance with his
2. Pending a prosecution against him family, relatives by affinity or consanguinity,
3. For any offense under the Act or under the business associates, subordinates or other
provisions of the RPC on Bribery persons, by amassing, accumulating or
acquiring ill-gotten wealth in the aggregate
Section 14. Exception amount or total value of at least 50 million
Unsolicited gifts or presents of small or pesos.
insignificant value offered or given as a mere Penalty: Reclusion Perpetua to Death
ordinary token of gratitude of friendship Mitigating and extenuating circumstances
according to local custom or usage shall be considered by the courts in the
imposition of penalty.
REPUBLIC ACT NO. 7080
ANTI-PLUNDER ACT Section 4. Rule of Evidence
It is NOT necessary to prove each and
Means or schemes to acquire ill-gotten every criminal act done. A pattern of overt
wealth: or criminal acts indicative of the over-all
1. Through misappropriation, conversion, unlawful scheme or conspiracy shall be
misuse or malversation of public funds or sufficient.
raids on the public treasury;
2. By receiving directly or indirectly, any Section 6. Prescription of Crimes
commission, gift, share, percentage or any The crime punishable under this Act shall
other form of pecuniary benefit from any prescribe in 20 years. However, the right
person and/or entity in connection with any of the State to recover properties
government contract/project or by reason unlawfully acquired by public officers from
of his office/position; them or from their nominees or transferees
3. By the illegal or fraudulent conveyance or shall not be barred by prescription or
disposition of assets belonging to the laches or estoppel.
government; Plunder is a crime malum in se because
4. By obtaining, receiving or accepting, the constitutive crimes are mala in se. The
directly or indirectly, any shares of stock, elements of mens rea must be proven in a
equity or any other form of interest or prosecution for plunder. (Estrada vs.
participation including the promise of Sandiganbayan, G.R. No. 148560,
future employment in any business November 21, 2001)
enterprise or undertaking;
5. By establishing agricultural, industrial or
commercial monopolies or other
combinations and/or implementing
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ARTICLE 215 CHAPTER FOUR: MALVERSATION OF
PROHIBITED TRANSACTIONS PUBLICFUNDS OR PROPERTY
(ARTS. 217-222)
Elements:
1. That the offender is an appointive public ARTICLE 217
officer; MALVERSATION OF PUBLIC FUNDS OR
Examples: justices, judges or fiscals, PROPERTY PRESUMPTION OF
employees engaged in the collection and MALVERSATION
administration of public funds
2. That he becomes interested, directly or Acts punished:
indirectly, in any transaction of exchange 1. By appropriating public funds or property.
or speculation; 2. By taking or misappropriating the same.
3. That the transaction takes place within the 3. By consenting, or through abandonment or
territory subject to his jurisdiction; negligence, permitting any other person to
4. That he becomes interested in the take such public funds or property.
transaction during his incumbency. 4. By being otherwise guilty of the
The transaction must be one of misappropriation or malversation of such
exchange or speculation, such as funds or property.
buying stocks and selling stocks,
commodities, land, etc., hoping to take Common elements:
advantage of an expected rise and fall 1. That the offender be a public officer.
in price. 2. That he had custody or control of funds or
Purchasing of stocks or shares in a property by reason of the duties of his
company is simply an investment and office
is not a violation of the article. But 3. That those funds or property were public
buying regularly securities for resale is funds or property for which he was
speculation. accountable
4. That he appropriated, took,
ARTICLE 216 misappropriated or consented, or through
POSSESSION OF PROHIBITED abandonment or negligence, permitted
INTEREST BY A PUBLIC OFFICER another person to take them.
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ARTICLE 222 guard is penalized. It is only that positive
OFFICERS INCLUDED IN THE PRECEDING carelessness that is short of deliberate
PROVISIONS non-performance of his duties as guard
that is the gravamen of the crime of
Private individuals who may be liable under infidelity under Art. 224.
Art. 217-221: The fact that the public officer recaptured
1. Private individuals who, in any capacity the prisoner who had escaped from his
whatsoever, have charge of any national, custody does not afford complete
provincial or municipal funds, revenue or exculpation.
property
2. Administrator, depository of funds or Liability of escaping prisoner:
property attached, seized, or deposited by 1. If the fugitive is serving sentence by
public authority even if such property reason of final judgment, he is liable for
belongs to a private individual (example: evasion of the service of sentence under
sheriffs and receivers) Art. 157.
2. If the fugitive is only a detention prisoner,
CHAPTER FIVE: INFIDELITY OF PUBLIC he does not incur criminal liability.
OFFICERS (ARTS. 223-230)
ARTICLE 225
SECTION ONE: DISOBEDIENCE, ESCAPE OF PRISONER UNDER THE
REFUSAL OF ASSISTANCE, AND CUSTODY OF A PERSON NOT A
MALTREATMENT OF PRISONERS PUBLIC OFFICER
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ARTICLE 241 SECTION FOUR: ABUSES AGAINST
USURPATION OF JUDICIAL FUNCTIONS CHASTITY
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work, education or training-related from liability for resulting and more serious
environment. crime committed. (People vs. Tomotorgo,
136 SCRA 238, April 30, 1985)
TITLE EIGHT: Legitimacy need NOT be alleged when the
CRIMES AGAINST PERSONS accused killed his (1)father, (2) mother or
(3) child.
SECTION ONE: PARRICIDE, MURDER, However with respect to the other
HOMICIDE ascendant, descendant or spouse, the
relationship MUST be legitimate.
ARTICLE 246 An adopted child is considered as a
PARRICIDE legitimate child BUT since the relationship
is exclusive between the adopter and the
Elements: adopted child, killing the parents of the
1. That a person is killed; adopter is not considered parricide of
2. That the deceased is killed by the other (legitimate) ascendants.
accused; and
3. That the deceased is the father, mother, or ARTICLE 247
child, whether legitimate or illegitimate, or DEATH OR PHYSICAL INJURIES
a legitimate other ascendant or other INFLICTED UNDER EXCEPTIONAL
descendant, or the legitimate spouse, of CIRCUMSTANCES
the accused.
Elements:
Cases of parricide when the penalty shall 1. That a legally married person or a parent
NOT be reclusion perpetua to death: surprises his spouse or his daughter, the
1. Parricide through negligence (Art. 365). latter under 18 years of age and living with
2. Parricide by mistake (Art. 249). him, in the act of committing sexual
3. Parricide under exceptional circumstances intercourse with another person;
(Art. 247). 2. That he or she kills any or both of them, or
inflicts upon any or both of them any
The child should not be less than 3 days serious physical injury, in the act or
old; otherwise the crime is infanticide (Art. immediately thereafter; and
255) 3. That he has not promoted or facilitated the
Relationship of the offender with the victim prostitution of his wife or daughter, or that
is the essential element of the crime. he or she has not consented to the
Hence: infidelity of others.
If a person wanted to kill a stranger
but by mistake killed his own father, This article does NOT define and penalize
he will be held liable for parricide BUT a felony. It provides for the imposition of
Art. 49 will apply as regards the proper the penalty of destierro rather than the
penalty to be imposed, that is, the ordinary penalty for parricide.
penalty for the lesser offense in its The requisites of Art. 247 must be
maximum period. established by the evidence of the defense
A stranger who cooperates and takes and accused cannot enter into a
part in the commission of the crime of conditional plea of guilty and be sentenced
parricide is not guilty of parricide but with destierro since the prosecution will
only of homicide or murder, as the have to charge the defendant with
case may be. The key element in parricide and/or homicide, in case death
parricide is the relationship of the results, or of serious physical injuries in
offender with the victim. (People vs. other cases.
Dalag, G.R. No. 129895, April 30, For Art. 247 to apply, the offender must
2003) prove that he actually surprised his wife
The relationship between the offender and (her paramour) in flagrante delicto,
and the victim must be alleged. and that he killed the man during or
immediately thereafter. Evidence of the
The law does NOT require knowledge of victims promiscuity, is inconsequential to
relationship, thus, a person who killed the killing. (People vs. Puedan, G.R. No.
another not knowing that the latter was his 139576, September 2, 2002)
son will still be held guilty of parricide. Sexual intercourse does NOT include
The fact that the husband only intended to preparatory acts.
maltreat his wife does not exempt him Immediately thereafter - the discovery,
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the escape, the pursuit and the killing must Rules for the application of the
all form part of one continuous act (U.S. circumstances which qualify the killing to
vs. Vargas, et al., 2 Phil 194). murder:
The accused must be a legally married 1. That murder will exist with only one of the
person. circumstances described in Art. 248.
The parent need NOT be legitimate. 2. Where there are more than one qualifying
Applicable only when daughter is single. circumstance present, only one will qualify
The wife is entitled to the benefits of Art. the killing, with the rest to be considered
247 (People vs. Corazon, 59 Phil 568). as generic aggravating circumstances.
No liability for less serious or slight 3. That when the other circumstances are
physical injuries suffered by third persons absorbed or included in one qualifying
during the commission of the act under circumstance, they cannot be considered
this article as generic aggravating.
4. That any of the qualifying circumstances
Justification for Art. 247: The law considers enumerated in Art. 248 must be alleged in
the spouse or parent as acting in a justified the information.
burst of passion.
Dismemberment of a dead body is one
ARTICLE 248 manner of outraging or scoffing at the
MURDER corpse of the victim and qualifies the killing
to murder (People vs. Guillermo, G.R. No.
Murder unlawful killing of any person which 147786, January 20, 2004)
is not parricide or infanticide, provided that any Outraging (physical act) means to
of the following circumstances is present: commit an extremely vicious or deeply
1. With treachery, taking advantage of insulting act.
superior strength, with the aid of armed Scoffing (verbal act) means to jeer, and
men, or employs means to weaken the implies a showing of irreverence.
defense, or of means or persons to insure If homicide or murder is committed with
or afford impunity; the use of an unlicensed firearm, such use
2. In consideration of a price, reward or of an unlicensed firearm shall be
promise; considered as an aggravating
3. By means of inundation, fire, poison, circumstance. (R.A. No. 8294, Sec. 1)
shipwreck, stranding of a vessel, Treachery and Evident Premeditation are
derailment or assault upon a railroad, fall inherent in murder by means of Poison
of an airship, by means of motor vehicles, BUT the Use of Poison is not inherent in
or with the use of any other means murder. It only becomes inherent if there is
involving great waste and ruin; an intent to kill and the poison is used as a
4. On occasion of any calamities enumerated means to kill.
in the preceding paragraph, or of an
earthquake, eruption of a volcano, ARTICLE 249
destructive cyclone, epidemic, or any other HOMICIDE
public calamity;
5. With evident premeditation; or Homicide The unlawful killing of any person,
6. With cruelty, by deliberately and which is neither parricide, murder nor
inhumanly augmenting the suffering of the infanticide.
victim, or outraging or scoffing at his Intent to kill is conclusively presumed
person or corpse. (As amended by RA No. when death results; evidence of intent to
7659) kill is important only in attempted or
frustrated homicide.
Elements: Intent to kill is usually shown by the kind of
1. That a person was killed; weapon used and part of the body
2. That the accused killed him; wounded.
3. That the killing was attended by any of the
qualifying circumstances mentioned in Art. Elements:
248; and 1. That a person was killed;
4. That the killing is not parricide or 2. That the accused killed him without any
infanticide. justifying circumstance;
3. That the accused had the intention to kill,
which is presumed; and
4. That the killing was not attended by any of
the qualifying circumstances of murder, or
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the physical injuries is known, he will be the offended party.
liable for the physical injuries actually If the firearm was not aimed against or at
committed, and not under this article. another person, the crime committed is
alarms and scandals.
ARTICLE 253 No offense for Illegal discharge of firearms
GIVING ASSISTANCE TO SUICIDE through imprudence
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ARTICLE 259 of two or more seconds of lawful age on each
ABORTION PRACTICED BY A PHYSICIAN side, who make the selection of arms and fix
OR MIDWIFE IN DISPENSING OF all other conditions of the fight.
ABORTIVES
Seconds the persons who make the
Elements: selection of the arms and fix the other
1. That there is a pregnant woman who has conditions of the fight
suffered an abortion;
2. That the abortion is intended; Self defense cannot be invoked if there was a
3. That the offender, who must be a pre-concerted agreement to fight, but if the
physician or midwife, causes, or assists in attack was made by the accused against his
causing the abortion; and opponent before the appointed place and time,
4. That said physician or midwife takes there is an unlawful aggression, hence self-
advantage of his or her scientific defense can be claimed.
knowledge or skill.
Note: If death results, penalty is the same as
If abortion was not intended or was a that for homicide.
result of a mistake, no crime is committed.
If the woman is not really pregnant, an ARTICLE 261
impossible crime is committed. CHALLENGING TO A DUEL
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Note: Intentionally depriving the victim of was habitually engaged for more than
the reproductive organ does not 90 days, in consequence of the
necessarily involve the cutting off of the physical injuries inflicted.
organ or any part thereof. It suffices that it
is rendered useless. 4. When the injured person becomes ill or
incapacitated for labor for more than 30
2. By intentionally making other mutilation, days (but must not be more than 90 days),
that is, by lopping or clipping off any part as a result of the physical injuries inflicted.
of the body of the offended party, other 30 days < X 90 days
than the essential organ for reproduction,
to deprive him of that part of the body This crime is considered a formal crime
(mayhem). since it is punished based on the gravity of
the injuries inflicted. What is penalized in
The law looks NOT only to the result but the crime of physical injuries is the result.
also to the intention or purpose of the act. Thus, it is always consummated and
Mutilation is always intentional. cannot be committed in the attempted or
The intention of the offender to deprive the frustrated stage.
victim of the body part whether by If a robbery is committed and the injured
castration or mayhem is essential and person suffers that enumerated under
must thus exist in either case. numbers 3 and 4, the crime/s committed
Cruelty, as understood in Art 14 (21), is is/are:
inherent in mutilation and, in fact, that is Special complex crime of robbery with
the only felony where the said serious physical injuries if the injured
circumstance is an integral part and is person is not responsible for the
absorbed therein. If the victim dies, the robbery.
crime is murder qualified by cruelty, but Separate crimes of robbery and
the offender may still claim and prove that serious physical injuries if the injured
he had no intention to commit so grave a person is a robber.
wrong. There must be NO INTENT TO KILL;
otherwise, the crime would be attempted
ARTICLE 263 or frustrated homicide, parricide or murder,
SERIOUS PHYSICAL INJURIES as the case maybe.
Where the category of the offense of
How committed: serious physical injuries depends on the
1. By wounding; period of illness or incapacity for labor,
2. By beating; there must be evidence of that length of
3. By assaulting; or that period; otherwise, the offense shall
4. By administering injurious substance. only be slight physical injuries.
Serious physical injuries may be
Serious physical injuries committed by reckless imprudence or by
1. When the injured person becomes insane, simple imprudence or negligence under
imbecile, impotent or blind in consequence Art. 365 in relation to Art. 263.
of the physical injuries inflicted; Impotence means inability to copulate.
Insanity means loss of reason or will;
2. When the injured person failure to determine right from wrong;
a. Loses the use of speech or the power failure to perceive things as they are.
to hear or to smell, or loses an eye, a Lessening of efficiency due to injury is not
hand, a foot, an arm, or a leg; incapacity.
b. Loses the use of any such member; or
c. Becomes incapacitated for the work in In paragraphs 2 and 3, the offended party
which he was therefore habitually must have a vocation or work at the time of the
engaged, in consequence of the injury.
physical injuries inflicted.
Work includes studies or preparation for a
3. When the person injured - profession.
a. Becomes deformed, or
b. Loses any other member of his body, Requisites of deformity:
or 1. Physical ugliness;
c. Loses the use thereof, or 2. Permanent and definite abnormality; and
d. Becomes ill or incapacitated for the 3. Must be conspicuous and visible.
performance of the work in which he
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The injury to cause deformity is one that ARTICLE 265
cannot be replaced by nature. LESS SERIOUS PHYSICAL INJURIES
If the scar is usually covered by the dress
of clothes, it would not be conspicuous and Elements:
visible 1. The offended party is incapacitated for
Medical Attendance is not important in labor for 10 days or more but not more
serious physical injuries. than 30 days, or needs attendance for the
same period; and
Paragraph 4 speaks of incapacity for any kind 10 days X 30 days
of labor. 2. The physical injuries must not be those
described in the preceding articles.
Note: Hospitalization for more than 30 days
may mean either illness or incapacity for labor Qualified Less Serious Physical Injuries:
for more than 30 days. 1. A fine not exceeding P500, in addition to
arresto mayor, shall be imposed for less
Attempted or serious physical injuries when:
Physical Injuries Frustrated Homicide a. There is manifest intent to insult or
offend the injured person; or
The offender inflicts Attempted homicide may b. There are circumstances adding
physical injuries. be committed, even if no ignominy to the offense.
physical injuries are
inflicted.
2. A higher penalty is imposed when the
victim is either:
Offender has no intent to The offender has an a. The offenders parent, ascendant,
kill the offended party. intent to kill the offended guardian, curator or teacher; or
party. b. Persons of rank or persons in
authority, provided the crime is not
Qualifying Circumstances: direct assault.
1. Offense committed against persons
enumerated in the crime of parricide. Physical Injuries Mutilation
2. With the attendance of circumstance No SPECIAL There is a SPECIAL
which qualify the crime to murder. INTENTION to clip off INTENTION to clip off
some part of the body some part of the body so
HOWEVER, the qualified penalties are so as to deprive he as to deprive him of such
NOT applicable to parents who inflict offended party of part.
such part
serious physical injuries upon their
children by excessive chastisement.
The law includes 2 subdivisions, to wit:
ARTICLE 264 1. The inability for work; and
ADMINISTERING INJURIOUS 2. The necessity for medical attendance
SUBSTANCE OR BEVERAGES
Therefore, although the wound required
Elements: medical attendance for only 2 days, yet, if
1. That the offender inflicted upon another the injured party was prevented from
any serious physical injury; attending to his ordinary labor for a period
2. That it was done by knowingly of 29 days, the physical injuries sustained
administering to him any injurious are denominated as less serious.
substances or beverages or by taking In the absence of proof as to the period of
advantage of his weakness of mind or the offended partys incapacity for labor or
credulity; and of required medical attendance, offense
3. That he had no intent to kill. committed is only slight physical injuries.
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offender can either be a man or a woman object into the genital or anal
in the case of the insertion of any orifice of another person.
instrument or object. c. That the act of sexual assault is
accomplished under any of the
How rape is committed: circumstances enumerated under the
1. By a man who shall have carnal first act of committing rape.
knowledge of a woman under any of the
following circumstances: Under R.A. 8353, the crime of rape can
a. Through force, threat or intimidation; now be committed by a male or a female.
b. When the offended party is deprived To be CONSUMMATED, it is not essential
of reason or otherwise unconscious; that there be a complete penetration of the
c. By means of fraudulent machinations female organ, neither is it essential that
or grave abuse of authority; there be a rupture of the hymen.
d. When the offended party is under However, there must be sufficient and
twelve (12) years of age or is convincing proof that the penis indeed
demented, even though none of the touched the labias or slid into the
circumstances mentioned above be female organ, and not merely stroked
present. the external surface thereof, for the
accused to be convicted of
Elements: consummated rape. Absent of any
a. That the offender is a man; showing of the slightest penetration of
b. That the offender had carnal the female organ, it can only be
knowledge of a woman; attempted rape, if not acts of
c. That such act is accomplished under lasciviousness. (People vs. Campuhan,
any of the following circumstances: 329 SCRA 270 [2000])
i. By using force or intimidation, or For a charge for rape by sexual assault
ii. When the woman is deprived of with the use of ones fingers or any
reason or otherwise unconscious, other object to be consummated, there
or should be evidence of at least the
iii. By means of fraudulent slightest penetration of the sexual
machination or grave abuse of organ and not merely a brush or graze
authority, or of its surface. (People v. Dela Cruz,
iv. When the woman is under 12 GR No. 180501, December 24, 2008)
years of age or demented.
There is NO crime of FRUSTRATED
Notes: The offender must not have known RAPE. The slightest penetration or mere
that the victim is demented, otherwise touching of the genitals consummates the
qualified rape is committed. crime of rape.
There is ATTEMPTED RAPE when there
Circumstance (iv) does not only pertain to is no penetration of the female organ
chronological age but also to mental age because not all the acts of execution were
(People vs. Atento, 196 SCRA 357, 1991) performed. However, there must be an
intention to have carnal knowledge of the
2. By any person who, under any of the woman against her will.
circumstances mentioned in paragraph 1 Acknowledgment of the consummated act
hereof, shall commit an act of sexual is not considered giving of consent.
assault by inserting his penis into another In Statutory Rape, the offenders
persons mouth or anal orifice of another knowledge of the victims age is
person, or any instrument or object, into IMMATERIAL.
the genital or anal orifice of another Force employed against the victim of rape
person. need not be of such character as could not
be resisted. It is enough that the force
Elements: used is sufficient to consummate the
a. That the offender commits an act of culprits purpose of copulating with the
sexual assault; victim.
b. That the act of sexual assault is
If the woman contributed in some way to
committed by any of the following
the consummation of the act, this may
means:
constitute an offense other than rape.
i. By inserting his penis into another
Intimidation includes the moral kind.
persons mouth or anal orifice;
ii. By inserting any instrument or Having sex with a deaf-mute is not rape in
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there is no special complex crime of TITLE NINE: CRIMES AGAINST PERSONAL
rape with homicide. LIBERTY AND SECURITY
Moral ascendancy or influence, held to
substitute for the element of physical SECTION ONE: ILLEGAL DETENTION
force or intimidation.
ARTICLE 267
ARTICLE 266-C KIDNAPPING AND SERIOUS
EFFECT OF PARDON ILLEGAL DETENTION
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2. When the victim is killed or dies a where he died and ransom asked. The
consequence of the detention; demand for ransom did not convert
3. When the victim is raped; or the offense into kidnapping with
4. When the victim is subjected to torture or murder. The defendant was well
dehumanizing act. aware that the child would be
The essence of the crime of suffocated to death in a few moments
kidnapping is the actual deprivation of after she left. The demand for ransom
the victims liberty coupled with the is only a part of the diabolic scheme of
intent of the accused to effect the defendant to murder the child, to
it.(People v. Pavillare G.R. No. conceal his body and then demand
129970, April 5, 2000) money before the discovery of the
If the person killed, tortured or rape is cadaver. (People vs. Lora, G.R.
not the same victim of kidnapping or No.49430. March 30, 1982)
detention, the crimes may be
complexed or be considered as Illegal Detention Arbitrary Detention
separate offenses. Committed by a private Committed by a public
The essential element or act which makes individual who officer or employee who
the offense kidnapping is the deprivation unlawfully kidnaps, detains a person without
of an offended partys liberty under any of detains or otherwise legal ground
the four circumstances enumerated. deprives a person of
liberty.
But when the kidnapping or detention was
committed for the purpose of extorting Crime is against Crime against the
personal liberty and fundamental law of the
ransom, it is not necessary that one or any
security State
of such circumstances enumerated in the
first par. of Art. 267 be present. Actual
demand for ransom is NOT necessary. Kidnapping with Rape Forcible Abduction with
Rape
Where the person kidnapped is killed in
Lewd design came after At the outset, there is
the course of the detention, regardless of
the intent to kidnap the already lewd design.
whether the killing was purposely sought victim.
or was merely an afterthought, the
It is a special complex It is a complex crime
kidnapping and murder or homicide can no crime. under Article 48 since
longer be complexed under Art. 48 nor be forcible abduction is a
treated as separate crimes but shall be necessary means of
punished as a special complex crime committing the crime of
under the last paragraph of Art. 267, as rape.
amended by RA 7659. If there is an attempted If there is an attempted
Regardless of the number of the victims rape, it shall be rape, the crime
killed, there is one crime only of special considered a separate committed is only
complex crime of kidnapping with crime. forcible abduction, the
homicide or murder, as the case may be. former being an
expression of the lewd
However, if the person killed is not the
design.
kidnap victim, it shall be treated as a
If there are multiple If there are multiple
separate crime of homicide or murder, as
rapes, there is only one rapes, only one is
the case may be. special complex crime complexed with forcible
When the victim is a minor and accused is of Kidnapping with abduction and the rest
any of the parents, the penalty is that Rape. shall be considered as
provided for in Art. 271 par.2, RPC separate crimes.
Where there is no showing that the
accused intended to deprive their victims ARTICLE 268
of their liberty for some time and for some SLIGHT ILLEGAL DETENTION
purpose, and there being no appreciable
interval between their being taken and Elements: (PIKO)
their being shot from which kidnapping 1. That the offender is a private individual;
may be inferred, the crimes committed 2. That he kidnaps or detains another, or in
were murder and frustrated murder and any manner deprives him of his liberty;
not the complex crimes of kidnapping with 3. That the act of kidnapping or detention is
murder and kidnapping with frustrated illegal;
murder. 4. That the crime is committed without the
There is no kidnapping with murder, attendance of the circumstances
but only murder where a 3-year old enumerated in Art. 267.
child was gagged, hidden in a box
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Liability is mitigated when the following Committed by
circumstances concur: (VOB) Committed by failing to
making an arrest
deliver such person to the
1. Offender voluntarily releases the person not authorized by
proper judicial authority
so kidnapped or detained within three law
within a certain period
days from the commencement of the
detention
2. Without having attained the purpose SECTION TWO: KIDNAPPING OF MINORS
intended; and
3. Before the institution of criminal ARTICLE 270
proceedings against him. FAILURE TO RETURN A MINOR
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contemplation even if there are many one, without the consent of the proper
houses around but the possibility of authorities.
receiving assistance is remote. 2. By neglecting his (offenders) children by
The child under seven years of age must not giving them the education which their
be found in an unsafe place. station in life requires and financial
It is immaterial that the offender did not condition permits.
know that the child is under seven years.
Elements of Abandonment of Minor:
ARTICLE 276 1. That the offender has charge of the
ABANDONING A MINOR rearing or education of a minor;
2. That he delivers said minor to a public
Elements: (SCAN) institution or other persons;
1. That the offender has the custody of a 3. That the one who entrusted such child to
child; the offender has not consented to such
2. That the child is under seven years of age. act, or if the one who entrusted such child
3. That he abandons such child; to the offender is absent, the proper
4. That he has no intent to kill the child when authorities have not consented to it.
the latter is abandoned.
If there is intent to kill and the child dies, Elements of Indifference of Parents: (PNP)
the crime would be murder, parricide, or 1. That the offender is a parent;
infanticide, as the case may be. If the child 2. That he neglects his children by not giving
does not die, it is attempted or frustrated them education;
murder, parricide or infanticide, as the 3. That his station in life requires such
case may be. education and his financial condition
Intent to kill cannot be presumed from the permits it.
death of the child. The ruling that intent to Failure to give education must be due to
kill is conclusively presumed from the deliberate desire to evade such obligation.
death of the victim of the crime is The "neglect of child" punished under
applicable only to crimes against persons, Article 59(4) of PD 603 is also a crime
and not to crimes against security, (known as "indifference of parents")
particularly the crime of abandoning a penalized under the second paragraph of
minor under Art. 176. Article 277 of the Revised Penal Code.
If the intent in abandoning the child is to (De Guzman v. Perez, et al. G.R. No.
lose its civil status, the crime under Article 156013 July 25, 2006)
347 (concealment or abandonment of a
legitimate child) is committed. Abandonment of
The minor should not leave his home of Minor by Persons Abandonment of
his own free will. Entrusted with Minor
Custody (Art. 276)
Circumstances Qualifying the Offense: (Art. 277)
(DD)
The custody of the The custody of the
1. When the death of the minor resulted from offender is specific, that offender is stated in
such abandonment; or is, the custody for the general
2. If the life of the minor was in danger rearing or education of
because of the abandonment the minor
Minor is under 18 yrs. Minor is under 7 years
The act must be conscious and deliberate of age of age
such that the abandonment deprives the
child of the care and protection from Minor is delivered to a Minor is abandoned in
danger to his person. public institution or such a way as to
other person deprive him of the care
and protection that his
ARTICLE 277
tender years need
ABANDONMENT OF MINOR ENTRUSTED
WITH HIS CUSTODY; INDIFFERENCE OF
PARENTS ARTICLE 278
EXPLOITATION OF MINORS
Acts punished:
1. By delivering a minor to a public institution Prohibited Acts:
or other persons without the consent of the 1. Causing any boy or girl under 16 years of
one who entrusted such minor to the care age to perform any dangerous feat of
of the offender or, in the absence of that balancing, physical strength, or contortion,
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Prohibition must be inexistence prior to or Offender enters a Offender enters closed
at the time of entrance. dwelling house. premises or fenced
Prohibition is not necessary when violence estate.
or intimidation is employed by the offender Place entered is Place entered is
(qualified trespass). inhabited. uninhabited.
Violence/Intimidation may be the method
by which one may pass the threshold of Act constituting the It is the entering the
crime is entering the closed premises or the
the dwelling of another or the conduct
dwelling against the will fenced estate without
immediately after the entrance of the of the owner. securing the permission
offender. of the owner or
Normally, all trespassers have intention to caretaker thereof.
commit another crime HOWEVER, if there
is no overt act of crime intended to be Prohibition to enter is Prohibition to enter must
done, what is committed is trespass to express or implied. be manifest.
dwelling.
Trespass may be committed by the owner
Premises signifies distinct and definite
of a dwelling (i.e. lessor enters the house
locality. It may mean a room, shop, building or
leased to another against the latter's will)
definite area, but in either case, locality is
If the offender is a public officer or fixed.
employee, the crime committed is violation
of domicile. SECTION THREE: THREATS AND
COERCION
Cases to which the provision of this article
is NOT applicable: ARTICLE 282
1. If the entrance to anothers dwelling is GRAVE THREATS
made for the purpose of preventing some
serious harm to himself, the occupants of Acts punished:
the dwelling or a third person. 1. By threatening another with the infliction
2. If the purpose is to render some service to upon his person, honor, or property or that
humanity or justice. of his family of any wrong amounting to a
3. If the place where entrance is made is a crime and demanding money or imposing
caf, tavern, inn and other public house, any other condition even though not
while the same are open. unlawful, and the offender attained his
purpose. (with condition)
Note: A person who believes that a crime 2. By making such threat without the offender
has been committed against him has attaining his purpose. (with condition;
every right to go after the culprit and arrest elements for this act are the same with the
him without any warrant even if in the first except that the purpose is not
process he enters the house of another attained.)
against the latters will. (Sec. 6, Rule 113, 3. By threatening another with the infliction
Rules of Court) upon his person, honor or property or that
of his family of any wrong amounting to a
ARTICLE 281 crime, the threat not being subject to a
OTHER FORMS OF TRESPASS condition. (without condition)
Elements: (CUMN)
1. That the offender enters the closed Grave Threats Light Threats
premises or the fenced estate of another Act threatened Act threatened does
2. That the entrance is made while either of amounts to a crime not amount to a crime
them is uninhabited;
3. That the prohibition to enter be manifest;
4. That the trespasser has not secured the Threats Coercion
permission of the owner or the caretaker Intimidation is essential Intimidation or Violence
thereof. is the essence of the
crime
Qualified Trespass to Other Forms of Intimidation is future Force or Violence must
Dwelling Trespass and conditional. be imminent, actual
(Art. 280) (Art. 281) and immediate.
Offender is a private The offender is any
person. person.
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Note:
a. Threatening directly or indirectly another
with the infliction of any wrong upon his
person, honor or property or that of any
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ARTICLE 285 meetings, expressing his opinions or
OTHER LIGHT THREATS casting his vote through the use of force or
intimidation.
Prohibited Acts: (TOO)
1. Threatening another with a weapon, or When COMPELLING is not considered
drawing such weapon in a quarrel, unless Coercion:
it be in lawful self-defense. Under Art. 127: When a public officer
2. Orally threatening another, in the heat of compels a person to change his
anger, with some harm constituting a residence.
crime, without persisting in the idea Under Art. 267: When a person kidnaps
involved in his threat. his debtor to compel him to pay.
3. Orally threatening to do another any harm
not constituting a felony. Elements: (PCVN)
Where the threats are directed to a person 1. That a person prevented another from
who is absent and uttered in a temporary doing something not prohibited by law, or
fit of anger, the offense is only other light by compelling him to do something against
threats. his will, be it right or wrong;
2. That the prevention or compulsion be
Art. 285 Art. 282 and Art. 283 effected by violence, threats or
intimidation.
No demand for money. In certain cases, 3. That the person that restrained the will and
demand for money is liberty of another has no right to do so, or
material. in other words, that the restraint is not
No condition imposed. In certain cases, made under authority of law or in the
imposed condition is exercise of any lawful right.
material.
Threat is not Threat is deliberate.
When PRISION MAYOR shall be imposed:
deliberate. (VCP)
1. If the coercion is committed in violation of
the exercise of the right of suffrage.
ARTICLE 286
2. If the coercion is committed to compel
GRAVE COERCION
another to perform any religious act.
3. If the coercion is committed to prevent
Two Ways of Committing Grave Coercion:
another from performing any religious act.
(PC)
1. By preventing another by means of
violence, threats or intimidation, from Grave Coercion Unjust Vexation
doing something not prohibited by law. The act of preventing The act was already
(Preventive) by force must be made done when the
2. By compelling another, by means of at the time the violence was exerted.
violence, threats or intimidation, to do offended party was
something against his will, whether it be doing or about to do
right or wrong. (Compulsive) the act prevented.
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mutilation or arson. 5. Robbery with serious physical injuries
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Note: There is no crime of Robbery with Violence or intimidation may enter at any
Multiple Homicide or Robbery with Multiple time before the owner is finally deprived of
Counts of Rape. Although there be more than his property. This is so because
one instance of homicide/murder or rape, they asportation is a complex fact, a whole
shall be considered as embraced under one divisible into parts, a series of acts, in the
special complex crime of either Robbery with course of which personal violence or
Homicide or Robbery with Rape. intimidation may be injected.
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taking the passengers by surprise in their firearm in murder and homicide is now
respective conveyances; or considered not as a separate crime but
5. On a street, road, highway, or alley, and merely a special aggravating
the intimidation is made with use of circumstance.
firearms, the offender shall be punished by
the maximum period or the proper Use of unlicensed firearm by a band in the
penalties prescribed in Art. 294. commission of robbery with physical
injuries cannot be offset by a generic
This article provides five special mitigating circumstance.
aggravating circumstances which,
because they impose the penalty in the Requisites for liability for the acts of other
maximum period and cannot be offset by a members of the band:
generic mitigating circumstance, are also 1. He was a member of the band;
considered as qualifying circumstances. 2. He was present at the commission of a
robbery by that band;
Art. 294 Art. 300 3. The other members of that band
committed an assault;
Despoblado and en Both must concur 4. He did not attempt to prevent the assault.
cuadrilla need not
concur
Proof of conspiracy is not necessary when
four or more armed persons committed
If the crime committed is robbery with robbery.
homicide, rape, mutilation or arson (Par. 1) The circumstance that the robbery was
or with physical injuries under subdivision committed by a band would only be
1 of Art. 263 (Par. 2), despoblado and appreciated as an ordinary aggravating
cuadrilla will each be considered only as a circumstance in Robbery with Homicide.
generic aggravating circumstance. No such crime as robbery with homicide in
band. (People vs. Apduhan, Jr., G.R. No.
ARTICLE 296 L-19491, August 30, 1968)
DEFINITION OF A BAND AND PENALTY
INCURRED BY THE MEMBERS THEREOF ARTICLE 297
ATTEMPTED AND FRUSTRATED
Outline: ROBBERY COMMITTED UNDER CERTAIN
1. When at least four armed malefactors take CIRCUMSTANCES
part in the commission of a robbery, it is
deemed committed by a band. Special Complex Crime: When by reason or
2. When any of the arms used in the on occasion of an attempted or frustrated
commission of robbery is not licensed, the robbery, a homicide is committed.
penalty upon all malefactors shall be the
maximum of the corresponding penalty Homicide under this article is also used in its
provided by law without prejudice to the generic sense - to include any other unlawful
criminal liability for illegal possession of killing. However, if the killing legally constituted
firearms. murder or parricide, the offense will continue
3. Any member by a band who was present to be covered by Art. 297 with the technical
at the commission of a robbery by the name stated therein, but the penalty shall be
band, shall be punished as principal of any for murder or parricide because Art. 297
assaults committed by the band, unless it states, unless the homicide (killing) committed
be shown that he attempted to prevent the shall deserve a higher penalty under this
same. Code.
Art. 296, just like Art. 295, also applies The penalty is the same whether the robbery
only to robbery under pars. 3, 4 and 5 of is attempted or frustrated.
Art. 294, and not to robbery with homicide,
rape, intentional mutilation, arson or the If homicide is not consummated, the crimes of
physical injuries in par. 1 of Art. 263. robbery and attempted or frustrated homicide:
1. May be complexed (Article 48), or
PD 1866 penalizes illegal possession of 2. Considered as separate crimes, or
firearm in addition to criminal liability for 3. Considered as one crime, one absorbing
robbery by a band. the other.
Under R.A. No. 8294, the use of unlawful
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If physical injuries were inflicted on the a. Through an opening not intended for
victim, but no intent to kill was proved and entrance or egress;
the victim did not die, the liability of the b. By breaking any wall, roof, floor, door,
offender may be as follows: or window;
1. If the physical injuries were by reason of c. By using false keys, picklocks or
the attempted or frustrated robbery as the similar tools; or
means for the commission of the latter, the d. By using any fictitious name or
injuries are absorbed by the latter and the pretending the exercise of public
crime shall only be attempted or frustrated authority.
robbery. 3. That once inside the building, the offender
2. If the physical injuries were inflicted only took personal property belonging to
on the occasion of the aborted robbery but another with intent to gain
not employed as a means of committing
the latter, these will be separate crimes of Any of the four means described in
attempted or frustrated robbery and subdivision (a) of Art. 299 must be
physical injuries. resorted to by the offender TO ENTER a
3. If both killing and physical injuries were house, not to get out.
committed on that occasion, the crime will The wall broken must be an outside wall,
be penalized in accordance with Art. 297 not a wall between rooms in a house or
but the physical injuries will be absorbed. building, because the breaking of a wall
must be for the purpose of entering.
When the offense committed is attempted But if a room is occupied by a person as
or frustrated robbery with serious physical his separate dwelling, the breaking of the
injuries, Art. 48 is applicable, since the rooms wall may give rise to robbery.
felony would fall neither under Art 294 False keys are genuine keys stolen from
which covers consummated robbery with the owner or any keys other than those
homicide nor under Art 297 which covers intended by the owner for use in the lock
attempted or frustrated robbery with forcibly opened by the offender.
homicide. However, for Art. 48 to apply, The false key or picklock must be used for
serious physical injuries must be entering the building.
employed as a necessary means of The whole body of the culprit must be
committing robbery. inside the building to constitute entering.
Not every physical force exerted by the
ARTICLE 298 offender is covered by Art. 299, hence
EXECUTION OF DEEDS BY MEANS OF breaking store windows to steal something
VIOLENCE OR INTIMIDATION but without entry, is only theft.
Elements: Elements: (Subdivision B)
1. That the offender has intent to defraud 1. Offender is inside a dwelling house, public
another; building or edifice devoted to religious
2. That the offender compels him to sign, worship, regardless of the circumstances
execute, or deliver any public instrument under which he entered it.
or document;
3. That the compulsion is by means of 2. The offender takes personal property
violence or intimidation. belonging to another with intent to gain
under any of the following circumstances:
SECTION TWO: ROBBERY WITH THE USE a. by the breaking of internal doors,
OF FORCE UPON THINGS wardrobes, chests, or any other kind of
sealed furniture or receptacle
ARTICLE 299 b. by taking such furniture or objects away
ROBBERY IN AN INHABITED to be broken open outside the place of the
HOUSE/PUBLIC BUILDING OR EDIFICE robbery
DEVOTED TO WORSHIP
Entrance into the building by any means
Elements: (Subdivision A) mentioned in subdivision (a) of Article 299
1. The offender entered is not required in robbery under
a. an inhabited house, subdivision (b) of the same article.
b. a public building or
c. an edifice devoted to religious worship
The term door under this subdivision
2. The entrance was effected by any of the
refers only to doors lids or opening sheets
following means:
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of furniture or other portable receptacles- not an edifice devoted to religious worship;
NOT to outside doors of house or building. 2. That any of the following circumstances
was present:
It is estafa or theft, if the locked or sealed a. The entrance was effected through an
receptacle is not forced open in the opening not intended for entrance or
building where it is kept or taken therefrom egress;
to be broken outside. b. A wall, roof, floor, or outside door or
window was broken;
ARTICLE 300 c. The entrance was effected through the
ROBBERY IN AN UNINHABITED use of false keys, picklocks or other
PLACE AND BY A BAND similar tools;
d. A door, wardrobe, chest, or any
Under this Article, Robbery with Force Upon sealed or closed furniture or
Things is qualified when committed in an receptacle was broken; or
uninhabited place AND by a band, as e. A closed or sealed receptacle was
distinguished from Qualified Robbery with removed, even if the same be broken
Violence or Intimidation of Persons (Art. 295) open elsewhere;
which is committed in an uninhabited place 3. That with intent to gain, the offender took
OR by a band. therefrom personal property belonging to
another.
ARTICLE 301
WHAT IS AN INHABITED HOUSE, PUBLIC The only difference between Arts. 299 and 302
BUILDING OR BUILDING DEDICATED TO is that the use of fictitious name or simulation
RELIGIOUS WORSHIP AND THEIR of public authority can be used only in Art. 299
DEPENDENCIES which refers to inhabited buildings and not in
Art. 302 which involves uninhabited or other
Inhabited House means any shelter, ship, places.
or vessel constituting the dwelling of one or While Art. 302 provides for robbery in an
more persons, even though the inhabitants uninhabited place, it actually means an
thereof shall temporarily be absent therefrom uninhabited house.
when the robbery is committed.
When the property taken is a mail matter
Dependencies of an inhabited house, during any of the robbery defined in Arts. 294,
public building or building dedicated to 295, 297, 299, 300 & 302, the penalties next
religious worship all interior courts, corrals, higher than those provided in said articles
warehouses, granaries or enclosed places shall be imposed.
1. Contiguous to the building or edifice,
2. Having an interior entrance connected The taking of large cattle is now punished
therewith, and under P.D. No. 533.
3. Which form part of the whole.
ARTICLE 303
Orchards and other lands used for cultivation ROBBERY OF CEREALS, FRUITS, OR
or production are not included in the terms of FIREWOOD IN AN UNINHABITED
the next preceding paragraph, even if closed, PLACE OR PRIVATE BUILDING
contiguous to the building and having direct
connection therewith. Penalty is 1 degree lower when cereals, fruits,
or firewood are taken in robbery with force
Public Building includes every building upon things.
owned by the Government or belonging to a
private person not included, used or rented by Cereals are seedlings which are the
the Government, although temporarily immediate product of the soil.
unoccupied by the same.
The palay must be kept by the owner as
ARTICLE 302 seedling or taken for that purpose by the
ROBBERY IN AN UNINHABITED PLACE robbers.
OR IN A PRIVATE BUILDING
Elements:
1. That the offender entered an uninhabited
place or a building which was not a
dwelling house, not a public building, or
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liable for theft under this paragraph. property who does not return or deposit it with
the local authorities but includes a policeman
2. Any person who, after having maliciously to whom he entrusted it and who
damaged the property of another, shall misappropriated the same, as the latter is also
remove or make use of the fruits or object a finder in law.
of the damage caused by him;
3. Any person who shall enter an enclosed Theft of electricity is also punishable under RA
estate or a field where trespass is 7832, the Anti-Electricity and Electric
forbidden or which belongs to another and Transmission Lines/Materials Pilferage Act of
without the consent of its owner; shall hunt 1994.
or fish upon the same or shall gather fruits,
cereals, or other forest or farm products. ARTICLE 309
PENALTIES
Elements:
1. That there is an enclosed estate or a The basis of penalty in Theft is:
field where trespass is forbidden or 1. The value of the thing stolen, and in some
which belongs to another; cases,
2. That the offender enters the same; 2. The value and the nature of the property
3. That the offender hunts or fishes upon taken, or
the same or gathers fruits, cereals, or 3. The circumstances or causes that impelled
other forest or farm products in the the culprit to commit the crime.
estate or field; and
4. That the hunting or fishing or ARTICLE 310
gathering of products is without the QUALIFIED THEFT
consent of the owner.
There is qualified theft in the following
The fishing referred to in this article is not instances:
fishing in the fishpond or fishery; otherwise 1. If theft is committed by a domestic servant
it is qualified theft under Art 310. 2. If committed with grave abuse of
Theft is not a continuing offense. confidence
What distinguishes THEFT from 3. If the property stolen is (a) motor vehicle,
ROBBERY is that in theft the offender (b) mail matter or (c) large cattle
does not use violence or intimidation or 4. If the property stolen consists of coconuts
does not enter a house or building through taken from the premises of plantation.
any of the means specified in Art. 299 or 5. If the property stolen is taken from a
Art. 302 in taking personal property of fishpond or fishery
another with intent to gain. 6. If property is taken on the occasion of fire,
In theft, the phrase used is shall take earthquake, typhoon, volcanic eruption, or
personal property of another, not shall any other calamity, vehicular accident or
take away such property. civil disturbance
In theft, it suffices that consent on the part
of the owner is lacking. In robbery, it is Elements:
necessary that the taking is against the will 1. Taking of personal property;
of the owner. 2. That the said property belongs to another;
3. That the said taking be done with intent to
From the moment the offender gained gain;
possession of the thing, even if the culprit had 4. That it be done without the owners
no opportunity to dispose of the same, the consent;
unlawful taking is complete (People vs. 5. That it be accomplished without the use of
Salvilla, GR. No. 86163, April 26, 1990). violence or intimidation against persons,
nor of force upon things;
The ability of the offender to freely dispose of 6. That it be done with grave abuse of
the property stolen is not a constitutive confidence. (People v. Puig, G.R. Nos.
element of the crime of theft. It finds no 173654-765, August 28, 2008)
support or extension in Article 308, whether as Penalty for qualified theft is two degrees
a descriptive or operative element of theft or higher than that provided in Art. 309.
as the mens rea or actus reus of the felony
(Valenzuela vs. People of the Philippines, G.
R. No. 160188, June 21, 2007).
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ANTI CARNAPPING ACT of 1972 authorities shall be prima facie evidence that
(R.A. 6539) the large cattle in his possession, control and
custody are the fruits of the crime of cattle
Carnapping - taking, with intent to gain, of rustling.
motor vehicle belonging to another without the
latters consent, or by means of violence LAW ON ILLEGAL FISHING
against or intimidation of persons, or by using (P.D. 534)
force upon things.
Illegal Fishing the act of any person to
Motor Vehicle any vehicle which is catch, take or gather or cause to be caught,
motorized using the streets which are public, taken or gathered fish or fishery/aquatic
not exclusively for private use, comes within products in Philippine waters with the use of
the concept of motor vehicle. It includes all explosives, obnoxious or poisonous
vehicles propelled by power, other than substances or by the use of electricity.
muscular power.
Dealing in illegally caught fish or
If the OWNER, DRIVER OR OCCUPANT fishery/aquatic products any person who
of a carnapped vehicle is killed or raped in possesses or deals in, sells or in any manner
the course of the commission of the disposes of, for profit , any fish, fishery/aquatic
carnapping or on the occasion thereof, the products which have been illegally caught,
penalty of reclusion perpetua to death taken or gathered.
shall be imposed.
HIGHGRADING OR THEFT OF GOLD
Since Sec. 14 of RA 6539 uses the words (P.D. 581)
IS KILLED, no distinction must be made
between homicide and murder. Highgrading or Theft of Gold the act of
any person who shall take gold-bearing ores
If the motor vehicle was not taken by the or rocks from a mining claim or mining camp
offender but was delivered by the owner or or shall remove, collect or gather gold-bearing
the possessor to the offender, who ores or rocks in place or shall extract or
thereafter misappropriated the same, the remove the gold; from such ores or rocks, or
crime is either qualified theft or estafa shall prepare and treat such ores or rocks to
recover or extract the gold content thereof,
Qualified Theft only: If material or physical without the consent of the operator of the
possession was given to the offender mining claim.
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value has been derived from the proceeds or pilfered electric and/or telephone wires.
of theft or robbery;
4. Accused has intent to gain for himself or Theft of electricity can also be committed
another. by any of the following means:
1. Turning back the dials of the electric
Section 2. Definition of Terms. meter;
2. Fixing the electric meter in such a manner
Fencing the act of any person who, with that it will not register the actual electric
intent to gain for himself or for another, shall consumption;
buy, receive, possess, keep, acquire, conceal, 3. Under-reading of electric consumption;
sell, or dispose of, or shall buy and sell, or in and
any other manner deal any article, item, object 4. Tightening screw or rotary blades to slow
or anything of value which he knows, or should down the rotation of the same (People v.
be known to him, to have been derived from Relova, No. L- 45129, March 6, 1987).
the proceeds of the crime of robbery or theft.
PENALIZING TIMBER SMUGGLING OR
Section 5. Presumption of Fencing. ILLEGAL CUTTING OF LOGS FROM
Mere possession of any good, article, PUBLIC FORESTS AND FOREST
item, object, or anything of value which RESERVES AS QUALIFIED THEFT
has been the subject of robbery or thievery (P.D. NO. 330)
shall be prima facie evidence of fencing.
Any person, whether natural or juridical who
Section 6. Clearance/Permit to Sell Used/ directly or indirectly cuts, gathers, removes, or
Second Hand Articles. smuggles timber, or other forest products,
All stores, establishments or entities either from any of the public forest, forest
dealing in the buy and sell of any good, reserves and other kinds of public forest,
article, item, object or anything of value whether under license or lease, or from any
shall, before offering the same for sale to privately owned forest land in violation of
the public, secure the necessary clearance existing laws, rules and regulations shall be
or permit from the station commander of guilty of the crime of qualified theft.
the Integrated National Police in the town
or city where such store, establishment or P.D. NO. 705
entity is located. REVISING PRESIDENTIAL DECREE NO.
Any person who fails to secure the 389, OTHERWISE KNOWN AS THE
required clearance/permit shall also be FORESTRY REFORM CODE OF THE
punished as a fence. PHILIPPINES
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natural resources found therein or When there is no intent to gain, crime
mutilating, defacing, or destroying objects committed is coercion.
of natural beauty or of scenic value within When there is no violence or intimidation
areas of the natural park system; used and there is no intent to gain, the
5. Selling or offering for sale any log, lumber, crime is only malicious mischief.
plywood or other manufactured wood Art 312 only provides a penalty of fine.
products in the international or domestic However, the offender shall also suffer the
market, unless he complies with the penalty for acts of violence executed by
grading rules established or to be him. Art. 48 on complex crimes does not
established by the Government. apply.
Criminal action for usurpation of real
ARTICLE 311 property does not bar a civil action for
THEFT OF THE PROPERTY OF THE forcible entry
NATIONAL LIBRARY AND NATIONAL Republic Act No. 947 punishes entering or
MUSEUM occupying of public agricultural land
including public lands granted to private
Theft of property on National Library and individuals.
Museum has a fixed penalty regardless of Squatters: As defined under Urban
its value. But if the crime is committed with Development and Housing Act, they are:
grave abuse of confidence, the penalty for 1. Those who have the capacity or
qualified theft shall be imposed, because means to pay rent or for legitimate
Art 311 says unless a higher penalty housing but are squatting anyway.
should be provided under the provisions of 2. Those who were awarded lots but sold
this Code. or lease them out.
3. Those who are intruders of lands
CHAPTER FOUR: USURPATION reserved for socialized housing, pre-
(ARTS. 312-313) empting possession by occupying the
same.
ARTICLE 312
OCCUPATION OF REAL PROPERTY OR Theft /Robbery Art. 312
USURPATION OF REAL RIGHTS IN
PROPERTY Personal property is Real property or real
taken. right involved
Elements:
1. That the offender takes possession of any ARTICLE 313
real property or usurps any real rights in ALTERING BOUNDARIES OR LANDMARK
property;
2. That the real property or real rights belong Elements:
to another; 1. That there be boundary marks or
3. That violence against or intimidation of monuments of towns, provinces, or
persons is used by the offender in estates, or any other marks intended to
occupying real property or usurping real designate the boundaries of the same;
property or usurping real right in property; 2. That the offender alters said boundary
4. That there is intent to gain. marks.
Acts punishable under Article 312: Altering is understood in its general and
1. By taking possession of any real property indefinite meaning. Any alteration is
belonging to another by means of violence enough to constitute the material element
against or intimidation of persons. of the crime.
2. By usurping any real rights in property
belonging to another by means of violence CHAPTER FIVE: CULPABLE INSOLVENCY
against or intimidation of persons. (ART. 314)
There is only civil liability, if there is no
violence or intimidation in taking ARTICLE 314
possession. FRAUDULENT INSOLVENCY
Art 312 does not apply when the violence
or intimidation took place subsequent to Elements:
the entry. Violence or intimidation must be 1. That the offender is a debtor, that is, he
the means used in occupying real property has obligations due and demandable;
or in usurping real rights and not in 2. That he absconds with his property;
retaining possession.
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between them. Is Novation a Ground to Extinguish
5. Ownership (O) There is Criminal Liability under Estafa?
ownership of the personal NO. The Novation of the contract or
property when there is no obligation AFTER criminal liability for
obligation to return exactly the Estafa has been INCURRED is NOT a
same property given or lent to the ground to extinguish the offenders
possessor. criminal liability. Novation is not one of the
grounds for the extinguishment of criminal
Take Note: liability under Art. 89 of the RPC.
1. If the offender has been given
Material Possession of the HOWEVER, where such novation, occurs
personal property and he BEFORE the criminal liability for Estafa
Misappropriates the same, he is has been incurred, that is when not all the
liable for the crime of THEFT. elements therefore are present, then no
criminal liability attaches.
MP + M = Theft
Theft Estafa
2. If the offender has been given The offender takes The offender receives
Juridical Possession and Material the thing without the the thing from the
Possession of the personal owners consent offended party.
property and he Misappropriates The offender acquires The offender acquires
the same, he is liable for the crime only the material or also the juridical
of ESTAFA. physical possession possession of the
of the thing thing and the offender
JP + MP + M = Estafa misappropriates it
3. If the person has been given the Note: If an object was received to be sold,
Ownership, Juridical Possession, but instead it was pledged, estafa is
and Material Possession of the committed.
personal property and he
Misappropriates the same, he is If an object was to be pledged, but instead
NOT criminally liable and incurs it was sold, theft is committed.
only a CIVIL LIABILITY.
Estafa Malversation
O + JP + MP + M = NO CRIME Offenders are entrusted with funds or property
Considered as continuing offenses
The contracts of deposit, The funds or property Usually public funds
commodatum, and lease, quasi- are private or property
contract of solutio indebiti and trust Offender is a private Offender who is
receipt transactions are examples of individual or even a usually a public officer
obligations involving the duty to return public officer who is is accountable for
or make delivery. not accountable for public funds or
The thing to be delivered or returned by public funds or property
the offender must be the very object property.
which he received. There is no estafa Malversation can be
The person prejudiced need not through negligence committed through
abandonment or
necessarily be the owner of the
negligence
property.
Crime is committed Crime is committed
General Rule: There must be a formal by misappropriating, by appropriating
converting or denying taking or
demand on the offender to comply with his
having received misappropriating or
obligation before he can be charged with money, goods, or consenting, or
estafa. other personal through abandonment
property or negligence,
Exceptions: permitting any other
1. When the offenders obligation to person to take the
comply is subject to a period, and public funds or
2. When the accused cannot be located property
despite due diligence.
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Note: If the paper with the signature in Any such non-licensee or non-holder of
blank is stolen the crime is falsification authority who, for a fee, offers and promises
of documents by making it appear that employment abroad to two or more persons
he participated in a transaction when shall be deemed so engaged in illegal
in fact he did not. recruitment.
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corruption of public officer if the same reason had not the drawer,
money was indeed given without any valid reason, ordered the
bank to stop payment.
D. Art. 315 No. 2 (D)
Requisites for Criminal Liability under
Elements: BP 22
1. That the offender postdated a 1. A person makes, draws or issues a
check, OR issued a check in check as payment for account or for
payment of an obligation value.
2. That such postdating or issuing a 2. That the check was dishonored by the
check was done when the bank due to a lack of funds,
offender had no funds in the bank, insufficiency of funds or account
or his funds deposited therein already closed.
were not sufficient to cover the 3. The payee or holder of such check
amount of the check gives a written notice of dishonor and
demand for payment.
The issuance by the offender of the 4. That the maker, drawer or issuer, after
check (whether postdated or not), receiving such notice and demand,
prior to or simultaneous with the refuses or fails to pay the value of the
transaction, must be for the purpose of check within FIVE BANKING DAYS.
contracting the obligation, otherwise if
the check is issued in payment of a It is not the making, drawing, or
preexisting obligation, no estafa is issuance, nor the dishonor of the
committed only a civil liability. check which gives rise to a violation of
If the check was issued by the debtor BP 22, but rather the failure to make
only for security of the creditor, as in good the check within FIVE BANKING
the nature of promissory notes but not DAYS from receipt of the Notice of
to be encashed, no estafa will be Dishonor and Demand for Payment.
involved.
Good faith is a defense in a charge of Take Note: While the written notice of
estafa by postdating or issuing a dishonor and demand is not an element in
check. (People v. Villapando, 56 Phil the violation of BP 22, the failure to give
31) such notice to the maker, drawer or issuer
Estafa by issuing a bad check is a of the bouncing check is FATAL to an
continuing offense action to hold the latter criminally liable.
There is prima facie evidence of deceit
when the drawer fails to pay or make The full payment of the amount appearing
arrangement for payment three (3) in the check within five banking days from
days after receiving notice of dishonor. notice of dishonor is a "complete defense"
against BP 22 The absence of a notice of
BOUNCING CHECKS LAW dishonor necessarily deprives an accused
(B.P. Blg. 22) an opportunity to preclude criminal
prosecution. Accordingly, procedural due
Offenses Punished under BP 22: process clearly enjoins that a notice of
A. Making or Drawing and issuing a check dishonor be actually served on the maker,
knowing at the time of issue that he does drawer or issuer of the check. He has a
not have sufficient funds. right to demand that the notice of dishonor
be actually sent to and received by him to
Elements: afford him the opportunity to avert
1. That a person makes or draws and prosecution under B.P. 22. (Lina Lim Lao
issues any check to apply on account v. People, G.R. No. 119178, June 20,
or for value. 1997)
2. That the person knows that at the time
of issue he does not have sufficient B. Failing to keep sufficient funds to cover
funds or credit with the drawee bank the full amount of the check.
for the payment of such check upon its
presentment Elements:
3. That the check is subsequently 1. That a person has sufficient funds with
dishonored by the drawee bank for the drawee bank when he makes or
insufficiency of funds or credit, or draws and issues a check
would have been dishonored for the 2. That he fails to keep sufficient funds or
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to maintain a credit to cover the full does not delete the penalty of
amount if presented within a period of imprisonment, for should the judge
90 days from the date of appearing decide that imprisonment is the more
thereon. appropriate penalty; the circular ought
3. That the check is dishonored by the not to be a hindrance.
drawee bank
Prosecution under BP 22 shall be
Take Note: The 90 day period stated without prejudice to any liability for any
above is NOT an element of the violation violation in the RPC.
of BP 22 by failing to keep sufficient funds.
As such, the maker, drawer or issuer of The fine under BP 22 is based on the
the check is not discharged from his duty amount of the check and is without
to maintain a sufficient balance in his regard to the amount of damage
account for a reasonable time even caused.
beyond the 90 day period. A reasonable
time according to current banking practice The accused will be liable for the
is 6 months or 180 days, after which the dishonor of the check even if it was
check becomes stale. issued in payment of a preexisting
legal obligation as he issued that
Thus, where a check is presented beyond check to apply on account.
the 90 day period, but within 180 days
from the date indicated therein, and it is BP 22 Estafa (RPC)
dishonored due to a failure to maintain a Endorser is not Endorser who acted
sufficient balance, the maker, drawer or liable with deceit knowing
issuer shall still be liable for violation of BP that the check is
22. (Wong v. CA, GR No. 117857, worthless will be
February 2, 2001). criminally liable
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BP 22 Estafa (RPC) B. Estafa by resorting to some
The maker or Not necessary that fraudulent practice to insure
drawer and issuer the drawer should success in gambling (Article 315
knows at the time of know at the time No. 3B)
issue that he does that he issued the
not have sufficient check that the funds C. Estafa by removing, concealing or
fund in or credit with deposited in the
the drawee bank for bank were not
destroying documents (Article 315
the payment of the sufficient to cover No. 3C)
check in full the amount of the
check Elements:
Mere issuance of a No presumption of 1. That there be court record, office
check that is knowledge arises files, documents or any other
dishonored gives papers;
rise to the 2. That the offender removed,
presumption of concealed or destroyed any of
knowledge of them;
insufficiency of
funds
3. That the offender had intent to
defraud another.
E. Art. 315, No. 2(E)
1. By obtaining food, refreshment or Infidelity in
accommodation at hotel, inn, Custody of Estafa
restaurant, boarding house, Document (Art. 315 C)
lodging house or apartment house (Art. 226)
without paying thereof, with intent Same manner of committing the crime
to defraud the proprietor or Offender is a public The offender is a
manager thereof officer who is private individual or
2. By obtaining credit at any of the officially entrusted public officer who is
said establishments by the use of with the document. not officially
any false pretense entrusted with the
documents
3. By abandoning or surreptitiously
Intent to defraud is There is intent to
removing any part of his baggage not necessary. defraud.
from any of the said establishment
after obtaining credit, food,
If there is no intent to defraud, the
refreshment or accommodation
crime committed is malicious
therein, without paying therefor.
mischief.
III. Estafa Through the Following Means
ARTICLE 316
OTHER FORMS OF SWINDLING
A. Estafa by inducing another to sign
any document (Article 315 No. 3A)
Persons liable:
1. Any person who, pretending to be the
Elements:
owner of any real property, shall convey,
1. That the offender induced the
sell, encumber or mortgage the same.
offended party to sign a document;
2. That deceit be employed to make
Elements:
him sign the document;
a. That the thing be immovable, such as
3. That the offended party personally
a parcel of land or a building; (property
signed the document;
must actually exist)
4. That prejudice be caused.
b. That the offender who is not the owner
of said property should represent that
Note: If offended party willingly signed
he is the owner thereof;
the document and there was deceit as
c. That the offender should have
to the character or contents of the
executed an act of ownership (selling,
document, the crime committed is
leasing, encumbering or mortgaging
falsification. BUT where the accused
the real property);
made representation as to mislead the
d. That the act be made to the prejudice
complainant as to the character of the
of the owner or a third person.
documents, it is considered estafa.
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BOOK TWO
Note: If the thing is not existing, the crime becomes solutio indebiti, with the civil
is estafa by means of false pretenses obligation to return the wrong
under Article 315 (2a). payment.
2. Any person who, knowing that real 6. Any person who shall sell, mortgage or
property is encumbered, shall dispose of encumber real property with which the
the same, although such encumbrance be offender guaranteed the fulfillment of his
not recorded. obligation as surety.
Elements: Elements:
a. That the thing disposed of be real a. That the offender is a surety in a bond
property. given in a criminal or civil action;
b. That the offender knew that the real b. That he guaranteed the fulfillment of
property was encumbered, whether such obligation with his real property
the encumbrance is recorded or not. or properties;
(principle of constructive notice does c. That he sells, mortgages, or, in any
not apply) manner encumbers said real property;
c. That there must be express d. That such sale, mortgage or
representation by the offender that the encumbrance is (1) without express
real property is free from authority from the court, or (2) made
encumbrance. before the cancellation of his bond, or
d. That the act of disposing of the real (3) before being relieved from the
property be made to the damage of obligation contracted by him.
another.
ARTICLE 317
Note: If the thing is a personalty, Article SWINDLING A MINOR
319 applies.
Elements:
3. The owner of any personal property who 1. That the offender takes advantage of the
shall wrongfully take it from its lawful inexperience or emotions or feelings of a
possessor, to the prejudice of the latter or minor;
any third person. 2. That he induces such minor to assume an
obligation, or to give release, or to execute
Elements: a transfer of any property right;
a. That the offender is the owner of 3. That the consideration is some loan of
personal property; money, credit, or other personal property;
b. That said personal property is in the (if real property, Article 318 applies; minor
lawful possession of another; cannot convey real property without
c. That the offender wrongfully takes it judicial authority)
from its lawful possessor; (if from 4. That the transaction is to the detriment of
unlawful possessor, Article 429 of the such minor.
Civil Code applies)
d. That prejudice is thereby caused to ARTICLE 318
the possessor or third person. OTHER DECEITS
Note: The crime will still be estafa even if 1. By defrauding or damaging another by any
the owner takes the personalty from the other deceit not mentioned in the
lawful possessor under the modes of preceding articles.
taking in theft or robbery which latter 2. By interpreting dreams, by making
crimes cannot be committed by the owner forecasts telling fortunes, by taking
on his property (Regalado). advantage of the credulity of the public in
any other manner, for profit or gain.
4. Any person who, to the prejudice of
another, shall execute any fictitious REPUBLIC ACT NO. 8484
contract. ACCESS DEVICES REGULATION ACT OF
1998
5. Any person who shall accept any
compensation for services not rendered or Definition of terms. For purposes of this Act,
for labor not performed. the terms:
This act requires fraud as an essential 1. Access Device - any card, plate, code,
element. If there is no fraud, it only account number, electronic serial number,
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personal identification number, or other 10. Penalty Charges - such amount, in
telecommunications service, equipment, or addition to interest, imposed on the credit
instrumental identifier, or other means of card holder for non-payment of an account
account access that can be used to obtain within a prescribed period;
money, good, services, or any other thing
of value or to initiate a transfer of funds 11. Produce - includes design, alter,
(other than a transfer originated solely by authenticate, duplicate or assemble; and
paper instrument);
12. Trafficking - transferring, or otherwise
2. Counterfeit Access Device - any access disposing of, to another, or obtaining
device that is counterfeit, fictitious, altered, control of, with intent to transfer or dispose
or forged, or an identifiable component of of.
an access device or counterfeit access
device; Prohibited Acts (Section 9)
The following acts shall constitute access
3. Unauthorized Access Device - any device fraud and are hereby declared to be
access device that is stolen, lost, expired, unlawful:
revoked, canceled, suspended, or 1. Producing, using, trafficking in one or
obtained with intent to defraud; more counterfeit access devices;
2. Trafficking in one or more unauthorized
4. Access Device Fraudulently Applied for access devices or access devices
- any access device that was applied for or fraudulently applied for;
issued on account of the use of falsified 3. Using, with intent to defraud, an
document, false information, fictitious unauthorized access device;
identities and addresses, or any form of 4. Using an access device fraudulently
false pretense or misrepresentation; applied for;
5. Possessing one or more counterfeit
5. Consumer - a natural person; access devices or access devices
fraudulently applied for;
6. Credit Card - any card, plate, coupon 6. Producing, trafficking in, having control or
book, or other credit device existing for the custody of, or possessing device-making
purpose of obtaining money, goods, or altering equipment without being in the
property, labor or services or any thing of business or employment, which lawfully
value on credit; deals with the manufacture, issuance, or
distribution of such equipment;
7. Device Making or Altering Equipment - 7. Inducing, enticing, permitting or in any
any equipment, mechanism or impression manner allowing another, for consideration
designed or primarily used for making or or otherwise to produce, use, traffic in
altering or reencoding an access device or counterfeit access devices, unauthorized
a counterfeit access device; access devices or access devices
fraudulently applied for;
8. Finance Charges - represent the amount 8. Multiple imprinting on more than one
to be paid by the debtor incident to the transaction record, sales slip or similar
extension of credit such as interest or document, thereby making it appear that
discounts, collection fees, credit the device holder has entered into a
investigation fees, and other service transaction other than those which said
charges; device holder had lawfully contracted for,
or submitting, without being an affiliated
9. Open-end-credit plan - a consumer credit merchant, an order to collect from the
extended on an account pursuant to a plan issuer of the access device, such extra
under which: sales slip through an affiliated merchant
a. The creditor may permit the person to who connives therewith, or, under false
make purchase or obtain loans, from pretenses of being an affiliated merchant,
time to time, directly from the creditor present for collection such sales slips, and
or indirectly by use of credit card, or similar documents;
other service; 9. Disclosing any information imprinted on
b. The person has the privilege of paying the access device, such as, but not limited
the balance; or to, the account number or name or
c. A finance charge may be computed by address of the device holder, without the
the creditor from time to time on an latter's authority or permission;
unpaid balance. 10. Obtaining money or anything of value
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CRIMINAL LAW
BOOK TWO
through the use of an access device, with longer prison term as penalty for the
intent to defraud or with intent to gain and consummated offense.
fleeing thereafter;
11. Having in one's possession, without Presumption and prima facie evidence of
authority from the owner of the access intent to defraud (Section 14)
device or the access device company, an The mere possession, control or custody
access device, or any material, such as of:
slips, carbon paper, or any other medium, a. An access device, without permission
on which the access device is written, of the owner or without any lawful
printed, embossed, or otherwise indicated; authority;
12. Writing or causing to be written on sales b. A counterfeit access device;
slips, approval numbers from the issuer of c. Access device fraudulently applied for;
the access device of the fact of approval, d. Any device-making or altering
where in fact no such approval was given, equipment by any person whose
or where, if given, what is written is business or employment does not
deliberately different from the approval lawfully deal with the manufacture,
actually given; issuance, or distribution of access
13. Making any alteration, without the access device;
device holder's authority, of any amount or e. An access device or medium on which
other information written on the sales slip; an access device is written, not in the
14. Effecting transaction, with one or more ordinary course of the possessor's
access devices issued to another person trade or business; or
or persons, to receive payment or any f. A genuine access device, not in the
other thing of value; name of the possessor, or not in the
15. Without the authorization of the issuer of ordinary course of the possessor's
the access device, soliciting a person for trade or business, shall be prima facie
the purpose of: evidence that such device or
a. Offering an access device; or equipment is intended to be used to
b. Selling information regarding or an defraud.
application to obtain an access device;
or A cardholder who abandons or
16. Without the authorization of the credit card surreptitiously leaves the place of
system member or its agent, causing or employment, business or residence
arranging for another person to present to stated in his application or credit card,
the member or its agent, for payment, one without informing the credit card
or more evidence or records of company of the place where he could
transactions made by credit card. actually be found, if at the time of such
Conspiracy to commit access device abandonment or surreptitious leaving,
fraud. (Section 11) is punishable the outstanding and unpaid balance is
under this code. past due for at least ninety (90) days
Frustrated and attempted access and is more than Ten thousand pesos
device fraud (Section 12) is also (P10,000.00), shall be prima facie
punishable. presumed to have used his credit card
with intent to defraud.
Accessory to access device fraud (Section
13) Any person who, with intent to gain for CHAPTER SEVEN: CHATTEL MORTGAGE
himself or for another, buy, receives, (ARTS. 319)
possesses, keeps, acquires, conceals, sells,
or disposes of, shall buy and sell, or in any ARTICLE 319
manner deal in any article, item, object or REMOVAL, SALE OR PLEDGE OF
anything of value which he knows or should be MORTGAGED PROPERTY
known to him, to have been acquired through
the use of counterfeit access device or an Acts punishable:
unauthorized access device or an access A. By knowingly removing any personal
device known to him to have been fraudulently property mortgaged under the Chattel
applied for, shall be considered as an Mortgage Law to any province or city other
accessory to an access device Said person than the one in which it is located at the
shall be prosecuted under this Act or under time of execution of the mortgage, without
the Anti-Fencing Law of 1979 (Presidential the written consent of the mortgagee or his
Decree No. 1612) whichever imposes the executors, administrators or assigns.
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Removal of Mortgaged Property Art. 319 Distinguished from Estafa (Art.
Elements: 316) by Disposing of Encumbered Property
1. That personal property is mortgaged Art. 319
Art. 316
under Chattel Mortgage Law; (Par. 2)
2. That the offender knows that such The property involved is The property involved is
property is so mortgaged; personal property. real property.
3. That he removes such mortgaged Selling or pledging of To constitute estafa, it is
personal property to any province or personal propertysufficient that the real
already pledged ormortgaged be sold as
city other than the one in which it was
mortgaged is committed free, even though the
located at the time of the execution of by the mere failure to vendor may have
the mortgage; obtain the consent of theobtained the consent of
4. That the removal is permanent; mortgagee in writing, the mortgagee in writing.
5. That there is no written consent of even if the offender
mortgagee, executors, administrators, should inform the
or assigns to such removal. purchaser that the thing
sold is mortgaged.
The removal of the mortgaged The purpose of the law The purpose is to
personal property must be coupled is to protect the protect the purchaser,
with intent to defraud. mortgagee. whether the first or the
second.
A third person, other than the
mortgagor, may be held liable CHAPTER EIGHT: ARSON AND OTHER
CRIMES INVOLVING DESTRUCTIONS
If the mortgagee elected to file a suit (ARTS. 320-326B)
for collection, not foreclosure, thereby
abandoning the mortgage as basis for ARTICLE 320-326-B
relief, the removal of the property is REPEALED BY PD 1613
not a violation of par 1 of Art 319. PD 1613-AMENDING THE LAW ON
ARSON
Chattel mortgage must be valid and
subsisting. Kinds of Arson:
1. Arson (Sec. 1, PD No. 1613)
B. By selling or pledging personal property 2. Destructive arson (Art. 320, as amended
already pledged, or any part thereof, under by RA No. 7659)
the terms of the Chattel Mortgage Law, 3. Other cases of arson (Sec. 3, PD No.
without the consent of the mortgagee 1613)
written on the back of the mortgage and
noted on the record thereof in the office of Arson when any person burns or sets fire to
the register of deeds of the province where the property of another, or his own property
such property is located. under circumstance which expose to danger
the life or property of another. (Sec. 1, PD
Sale or Pledge of Mortgaged Property 1613)
Elements:
1. Personal property is pledged under Destructive Arson (Art. 320, RPC)
Chattel Mortgage Law; Burning of:
2. Offender, who is the mortgagor, sells 1. One (1) or more buildings or edifices,
or pledges the same property or any consequent to one single act of burning, or
part thereof; as a result of simultaneous burnings,
3. No consent of mortgagee written on committed on several or different
the back of the mortgage and noted occasions.
on the record thereof in the Office of 2. Any building of public or private
the Register of Deeds. ownership, devoted to the public in
general or where people usually gather or
Damage to the mortgagee is not congregate for a definite purpose such as,
essential. but not limited to, official governmental
function or business, private transaction,
commerce, trade workshop, meetings and
conferences, or merely incidental to a
definite purpose such as but not limited to
hotels, motels, transient dwellings, public
conveyances or stops or terminals,
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regardless of whether the offender had Prima facie evidence of Arson (Sec. 6, PD
knowledge that there are persons in said 1613):
building or edifice at the time it is set on 1. If the fire started simultaneously in more
fire and regardless also of whether the than one part of the building or
building is actually inhabited or not. establishment.
3. Any train or locomotive, ship or vessel, 2. If substantial amount of flammable
airship or airplane, devoted to substances or materials are stored within
transportation or conveyance, or for public the building not of the offender nor for the
use, entertainment or leisure. household.
4. Any building, factory, warehouse 3. If gasoline, kerosene, petroleum or other
installation and any appurtenances flammable or combustible substances or
thereto, which are devoted to the service materials soaked therewith or containers
of public utilities. thereof, or any mechanical, electrical,
5. Any building the burning of which is for the chemical, or electronic contrivance
purpose of concealing or destroying designed to start a fire, or ashes or traces
evidence of another violation of law, or for of any of the foregoing are found in the
the purpose of concealing bankruptcy or ruins or premises of the burned building or
defrauding creditors or to collect from property.
insurance. 4. If the building or property is insured for
substantially more than its actual value at
There is also Destructive Arson: (Art. 320, the time of the issuance of the policy.
RPC) 5. If during the lifetime of the corresponding
1. When the arson is committed by 2 or more fire insurance more than two fires have
persons, regardless of whether their occurred in the same or other premises
purpose is merely to burn or destroy the owned or under the control of the offender
building or the burning merely constitutes and /or insured.
an overt act in the commission of another 6. If shortly before the fire, a substantial
violation of the law portion of the effects insured and stored in
2. When any person shall burn: a building or property had been withdrawn
Any arsenal, shipyard, storehouse or from the premises except in the ordinary
military powder or fireworks factory, course of business.
ordnance, storehouse, archives or general 7. If a demand for money or other valuable
museum of the Government. consideration was made before the fire in
In an inhabited place, any storehouse or exchange for the desistance of the
factory of inflammable or explosive offender or for the safety of the person or
materials. property of the victim.
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setting of fire to the rags) due to the This third element presupposes that the
timely intervention of another who offender acted due to hate, revenge or
chases away the offender. other evil motive. This crime cannot be
If that person is able to light or set fire committed thru reckless imprudence or
to the rags but the fire was put out thru violence in the course of a fight.
before any part of the building was If there is no malice in causing the
burned, it is frustrated. damage, the obligation is only civil.
But if before the fire was put out, it had Damage means not only loss but also a
burned a part of the building, it is diminution of what is a mans own. Thus,
consummated. damage to anothers house includes
defacing it.
2. Any charring of the wood of a building, Malicious mischief does not necessarily
whereby the fiber of the wood is include moral turpitude.
destroyed, is sufficient. It is necessary that It is theft when there is intent to gain
the wood should be ablazed. as when the offender removes or makes
And the mere fact that a building is use of the fruits or objects of the damage.
scorched or discolored by heat is not (Art 308, par 2)
sufficient to constitute consummated
arson. ARTICLE 328
SPECIAL CASES OF MALICIOUS
3. Setting fire to the contents of a building MISCHIEF
constitutes the consummated crime of
setting fire of a building, even if no part of 1. Causing damage to obstruct the
the building was burned. performance of public functions;
The offense is committed by a 2. Using poisonous or corrosive substances;
syndicate if it is planned or carried out 3. Spreading any infection or contagion
by a group of three or more persons. among cattle;
If a part of the building commences to 4. Causing damage to the property of the
burn, the crime is consummated National Museum or National Library, or to
arson, however small is the portion any archive or registry, waterworks, road,
burned. promenade, or any other thing used in
When there is fire, the crime common by the public.
committed is either frustrated (e.g. set These are called qualified malicious
fire to the blankets but fire was put out mischief.
before any part of the building was The mischief mentioned in the first clause
burned) or consummated arson, never (no. 1) is to be distinguished from sedition
attempted. (Art. 139), in that the element of public
There is no complex crime of arson uprising and tumultuous uprising is not
with homicide. The crime of homicide present in this crime.
is absorbed.
ARTICLE 329
CHAPTER NINE: MALICIOUS MISCHIEF OTHER MISCHIEFS
(ARTS. 327-331)
Mischiefs not included in the next preceding
Malicious Mischief is the willful damaging article and are punished according to the value
of anothers property for the sake of causing of damage caused.
damage due to hate, revenge or other evil
motive. ARTICLE 330
DAMAGE AND OBSTRUCTION TO
ARTICLE 327 MEANS OF COMMUNICATION
MALICIOUS MISCHIEF
Person liable: Any person who shall damage
Elements: any railway, telegraph or telephone lines.
1. That the offender deliberately caused
damage to the property of another; Qualifying circumstance: Damage shall
2. That such act does not constitute arson or result in the derailment of cars, collision or
other crimes involving destruction; other accident.
3. That the act of damaging anothers
property be committed merely for the sake Art. 330 does not apply when the telegraph or
of damaging it. telephone do not pertain to railways.
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A married man who does not know of Scandal consists in any reprehensible
the married status of the woman may word or deed that offends public
be liable for concubinage, if he conscience, redounds to the detriment of
appears to be guilty of any of the acts the feelings of honest persons, and gives
defined in Art. 334. occasion to the neighbors spiritual
damage or ruin.
Requirements of pardon:
1. Must come before the institution of the Cohabit means to dwell together, in the
criminal prosecution; manner of husband and wife, for some
2. Both offenders must be pardoned. period of time, as distinguished from
occasional transient interviews for unlawful
There is an implied pardon: intercourse.
Act of intercourse with offending spouse
subsequent to the adulterous conduct Adultery is more severely punished than
concubinage.
When there is consent, whether implied or
expressed, of the husband, he cannot Reason: Because adultery makes
institute a criminal complaint for adultery. possible the introduction of another mans
Under the law there can be no accomplice blood into the family so that the offended
in the crime of adultery, although in fact husband may have another mans son
there can be such an accomplice. bearing his (husbands) name and
receiving support from him.
Recrimination husbands illicit relationship
does not absolve but may mitigate wifes Art. 335 has been repealed by RA No.
liability for adultery. 8353 (Anti-Rape Law of 1997) effective
Oct. 22, 1997. Provisions on Rape are
ARTICLE 334 found in Arts. 266-A to 266-D under
CONCUBINAGE Crimes Against Persons.
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unfulfilled promise of marriage. in a work, education or training-related
It is not required in simple seduction that environment.
the victim be a virgin.
The gist of qualified seduction is the abuse Prohibited acts:
of authority, confidence, or relationship as Demanding, requesting, or otherwise requiring
the means of committing the crime. In any sexual favor from the other, regardless of
simple seduction, it is the use of deceit. whether the demand, request, or requirement
But in both kinds of seduction, there must is accepted by the object of the act.
be sexual intercourse.
ARTICLE 340
ARTICLE 339 CORRUPTION OF MINORS
ACTS OF LASCIVIOUSNESS WITH THE (AS AMENDED BY BP 92)
CONSENT OF THE OFFENDED PARTY
Prohibited acts to promote or facilitate the
Elements: prostitution or corruption of persons under age
1. That the offender commits acts of to satisfy the lust of another.
lasciviousness or lewdness; Under age means under 18 years of age.
2. That the acts are committed upon a The victim must be of good reputation and
woman who is a virgin or single or a widow not a prostitute or corrupted person.
of good reputation, under 18 years of age It is not necessary that the unchaste acts
but over 12 years, or a sister or shall have been done since what is being
descendant regardless of her reputation or punished is mere act of promotion or
age; facilitation.
3. That the offender accomplishes the acts
by abuse of authority, confidence, Special Protection of Children Against
relationship or deceit. Child Abuse Act (R.A. 7610) Child
prostitution and attempt to commit child
Art. 336 Art. 339 prostitution are punished under this Act.
The acts are committed The acts of
under circumstances lasciviousness are Sec. 5. Child Prostitution and other Sexual
which, had there been committed under the Abuse Children whether male or female,
carnal knowledge, circumstances which, who for money, profit or other consideration or
would amount to rape had there been carnal due to the coercion or influence of any adult
knowledge, would syndicate or group, indulge in sexual
amount to either intercourse or lascivious conduct are deemed
qualified seduction or to be children exploited in prostitution and
simple seduction other sexual abuse.
The offended party is a The offended party
female or a male should only be female Persons liable:
Both treat of acts of lasciviousness 1. Those who engage in or promote, facilitate
or induce child prostitution which include,
but are not limited to the following:
There is an oversight in the law where the a. Acting as a procurer of a child
victim is exactly 12 years of age. If the prostitute;
victim is below 12, the crime will be rape, b. Inducing a person to be a client of a
or unconsented acts of lasciviousness or child prostitute by means of written or
forcible abduction. Hence Art. 339 stating oral advertisements or other similar
over 12 years of age should be means;
construed as twelve years of age and c. Taking advantage of influence or
over, thus construing the doubt in favor of relationship to procure a child as a
the accused. prostitute;
d. Threatening or using violence towards
ANTI-SEXUAL HARRASMENT ACT a child to engage him/her as a
(R.A. No. 7877) prostitute;
e. Giving monetary consideration, goods
Persons penalized: or other pecuniary benefit to a child
Employer, employee, manager, supervisor, with the intent to engage such child in
teacher, professor, instructor, coach, trainor, prostitution.
or any other person having authority,
influence, or moral ascendancy over another 2. Those who commit the act of sexual
intercourse or lascivious conduct with a
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must be with lewd designs. must come before the institution of the
criminal action and both offenders
Crimes against Chastity where age and must be pardoned by the offended
reputation of the victim are immaterial: party if said pardon is to be effective.
1. Acts of lasciviousness against the will of Pardon in seduction must also come
the offended party or against a sister or before the institution of the criminal
descendant. action.
2. Qualified Seduction of sister or Condonation is not pardon in
descendant. concubinage or adultery any
3. Forcible Abduction. subsequent act of the offender
showing that there was no repentance
CHAPTER FIVE: PROVISIONS RELATING will not bar the prosecution of the
TO THE PRECEDING CHAPTERS offense.
OF TITLE ELEVEN (ARTS. 344-346)
Pardon by the offended party who is a
ARTICLE 344 minor must have the concurrence of
PROSECUTION OF THE CRIMES OF parents except when the offended party
ADULTERY, CONCUBINAGE, SEDUCTION, has no parents.
ABDUCTION, RAPE AND ACTS OF Marriage of the offender with the offended
LASCIVIOUSNESS party in seduction, abduction and acts of
lasciviousness extinguishes criminal action
1. Adultery and concubinage must be or remits the penalty already imposed, and
prosecuted upon the complaint signed by it benefits the co-principals, accomplices
the offended spouse (and in the absence and accessories. In rape, it extends only
of an express or implied pardon). as to the principal.
2. Seduction, abduction and acts of
lasciviousness must be prosecuted upon ARTICLE 345
the complaint signed by (and in the CIVIL LIABILITY OF PERSONS GUILTY OF
absence of an express pardon) offended CRIMES AGAINST CHASTITY
party
i. Even if a minor Persons who are guilty of rape, seduction
ii. If of legal age and not or abduction shall also be sentenced:
incapacitated, only she can file 1. To indemnify the offended woman;
complaint 2. To acknowledge the offspring, EXCEPT:
a. In adultery and concubinage since
If a minor or incapacitated and refuses to only a natural child may be
file either of the next succeeding persons acknowledged
may file: b. Where either the offended party or the
a. Either of the parents accused is married
b. Either of the grandparents whether c. When paternity cannot be determined
paternal or maternal side as in multiple rape
c. Legal or judicial guardians d. Other instances where the law should
d. The State, as parens patriae when the prevent the offender from doing so;
offended party dies or becomes In every case to support the offspring.
incapacitated before she could file the
complaint and she has no known Note: Under the Family Code, children are
parents, grandparents or guardians. classified as only either legitimate or
illegitimate, with no further positive act
Pursuant to R.A. No. 8353, rape is now a required from the parent, as the law itself
crime against persons, which may be provides the childs status. Natural children
prosecuted de officio. under the Civil Code fall within the
In adultery and concubinage, the offended classification of illegitimate children under the
party must institute the criminal Family Code.
prosecution against both the guilty parties,
if they are alive. Art. 176 of the Family Code confers
The right to file the action granted to the parental authority over illegitimate children
parent, grandparent or guardian shall be on the mother and provides their
exclusive of all other persons and shall be entitlement to support in conformity with
exercised successively in the order the Family Code.
provided by law.
Pardon in adultery and concubinage
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only be a violation of Art. 178 for using a constructive notice cannot apply.
fictitious name, or as estafa under Art 315. (Regalado, Criminal Law Conspectus).
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The solemnizing officer of any of the foregoing Dishonor means disgrace, shame, ignominy
illegal marriages who performs or authorizes
the same, despite his knowledge of the Discredit means loss of credit or reputation;
illegality, shall be punishable under Sec. 39 of disesteem.
Act No. 3613.
Contempt means state of being despised.
TITLE THIRTEEN: Publication: is the communication of the
CRIMES AGAINST HONOR defamatory matter to some third person or
persons. Thus, sending a letter containing
CHAPTER ONE: LIBEL (ARTS. 353-362) defamatory words against another to a third
person is sufficient publication.
SECTION ONE
2 types of malice:
DEFINITIONS, FORMS, AND
1. Malice in fact shown by proof of ill-will,
PUNISHMENT OF THIS CRIME
hatred, or purpose to injure; also known as
EXPRESS MALICE.
ARTICLE 353
2. Malice in law presumed to be malicious
LIBEL
from the defamatory imputation even if it is
true; proof is not required because it is
Elements: presumed to exist from the defamatory
1. That, there must be an imputation of a imputation.
crime, or a vice or defect, real or
imaginary, or any act, omission, condition, When the communication is PRIVILEGED,
status or circumstance; malice is not presumed from the defamatory
2. That the imputation must be made words. Malice (in fact) must be proved.
publicly;
3. That it must be malicious; Guidelines when several persons are
4. That the imputation must be directed at a defamed:
natural person or a juridical person, or one 1. If the defamation is made on different
who is dead; occasions or by independent acts, there
5. That the imputation must tend to cause the are as many crimes of libel as there are
dishonor, discredit, or contempt of the persons directly addressed with such
person defamed. statements or directly referred to.
2. If the defamation is made on a single
Test of defamatory imputation: occasion:
A charge is sufficient if the words are a. Where the same was directed at a
calculated to induce the hearers to suppose class or group of numerous persons in
and understand that the person against whom general terms only without any
they were uttered was guilty of certain particular person being directly
offenses, or are sufficient to impeach the addressed, there is no victim identified
honesty, virtue or reputation, or to hold him up or identifiable, hence no actionable
to public ridicule. libel.
b. If the statement is so sweeping or all
embracing as to apply to every
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individual in that group or class so that which are not of a confidential nature, or of
each individual therein can prove that a statement, report or speech delivered in
the defamatory statement specifically said proceedings, or of any other act
pointed to him, he can bring his action performed by a public officer in the
separately. exercise of his functions;
c. If several identifiable victims are 2. That it is made in good faith;
libeled in a single article, there are as 3. That it is without any comments or
many crimes of libel as there are remarks.
persons defamed.
Therefore, qualified privileged
ARTICLE 354 communications must be made with
REQUIREMENT FOR PUBLICITY malice and bad faith in order to be
actionable.
Every Defamatory Imputation is Presumed An absolutely privileged communication is
to be Malicious, Even if it be True. not actionable even if made in bad faith.
Specifically recognized in the Constitution
The PRESUMPTION is rebutted if it is as absolutely privileged are statements
shown by the accused that made in official proceedings of Congress
1. The defamatory imputation is true, in case by members thereof, as an implementation
the law allows proof of the truth of the of their parliamentary immunity.
imputation (see Art. 361); Statements made in judicial proceedings
2. It is published with good intention; are privileged but only if pertinent or
3. There is justifiable motive for making it. relevant to the case involved.
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The slander need not be heard by the An independent civil action may be filed
offended party simultaneously or separately in the same RTC
where the criminal action was filed and vice
Notes: Gossiping is considered as oral versa.
defamation if a defamatory fact is imputed or
intriguing against honor if there is no ARTICLE 361
imputation. PROOF OF TRUTH
Self-defense in slander may only be invoked if When proof of the truth is admissible in a
his reply is made in good faith, without malice, charge for Libel:
is not necessarily defamatory to his assailant 1. When the act or omission imputed
and is necessary for his explanation or constitutes a crime regardless of whether
defense. the offended party is a private individual or
a public officer.
ARTICLE 359 2. When the offended party is a Government
SLANDER BY DEED employee, even if the imputation does not
constitute a crime, provided it is related to
Slander by Deed is a crime committed by the discharge of his official duties.
performing any act which casts dishonor,
discredit or contempt upon another person. The proof of truth of the accusation cannot
be based upon mere hearsay, rumors or
Elements: suspicion. It must be positive, direct
1. That the offender performs any act not evidence upon which a definite finding may
included in any other crime against honor; be made by the court.
2. That such act is performed in the presence
of other persons; Defense in Defamation:
3. That such act cast dishonor, discredit, or 1. It appears that the matters charged as
contempt upon the offended party. libelous is true;
If there is no intent to dishonor the 2. It was published with good motives; AND
offended party, the crime is maltreatment 3. For a justifiable end.
by deed under Article 266.
Incriminating
Slander by deed is of two kinds: Innocent Defamation
1. Simple slander by deed, Persons
2. Grave slander by deed, that is, which is of Imputation is public
a serious nature. Offender does not avail
and malicious
himself of written or
calculated to cause
spoken word in
Common Element of Slander by deed and besmirching the
dishonor, discredit, or
Unjust Vexation: Irritation or Annoyance; contempt upon the
victims reputation.
without any other concurring factor, it is only offended party.
Unjust Vexation; if the purpose is to shame or
humiliate, Slander by deed. ARTICLE 362
LIBELOUS REMARKS
SECTION TWO: GENERAL PROVISIONS
Libelous remarks or comments connected with
ARTICLE 360 the matter privileged under the provisions of
PERSONS RESPONSIBLE FOR LIBEL Art. 354, if made with malice, shall not exempt
the author thereof nor the editor or managing
1. The person who publishes, exhibits or editor of a newspaper from criminal liability.
causes the publication or exhibition of any
defamation in writing or similar means. CHAPTER TWO: INCRIMINATORY
2. The author or editor of a book or MACHINATIONS (ART. 363-364)
pamphlet.
3. The editor or business manager of a daily ARTICLE 363
newspaper magazine or serial publication. INCRIMINATING INNOCENT PERSONS
4. The owner of the printing plant which
publishes a libelous article with his Elements:
consent and all other persons who in any 1. That the offender performs an act;
way participate in or have connection with 2. That by such act he directly incriminates or
its publication. imputes to an innocent person the
commission of a crime;
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3. That such act does not constitute perjury less grave felony or light felony;
2. By committing through simple imprudence
Incriminating or negligence an act which would
Perjury by Making otherwise constitute a grave or less
Innocent
False Accusation
Persons serious felony;
3. By causing damage to the property of
Limited to the act of Giving of false
planting evidence and statement under oath another through reckless imprudence or
the like in order to or making a false simple imprudence or negligence;
incriminate an innocent affidavit, imputing to 4. By causing through simple imprudence or
person. the person the negligence some wrong which, if done
commission of a crime. maliciously, would have constituted a light
It is committed by It is committed when felony
performing an act by the imputation was
which the offender falsely made before an Imprudence Negligence
directly incriminates or officer.
imputes to an innocent They are not crimes. They merely determine a
person the commission lower degree of criminal liability. They are means of
of a crime. committing a crime.
Deficiency of action Deficiency of perception
ARTICLE 364 Failure in precaution Failure in advertence
INTRIGUING AGAINST HONOR
To avoid wrongful acts: To avoid wrongful acts:
one must take the paying proper attention
Committed by any person who shall make any necessary precaution and using due diligence
intrigue which has for its principal purpose to once they are foreseen in foreseeing them
blemish the honor or reputation of another.
Reckless Imprudence consists in
This refers to such intrigues against a persons
voluntarily but without malice, doing or failing
honor or reputation which are not otherwise
to do an act from which material damage
punished under other articles of the code. It
results by reason of inexcusable lack of
differs from defamation in that it consists of
precaution on the part of the person
tricky or secret plots and may be committed
performing or failing to perform such act,
without using written or spoken words which
taking into consideration his employment or
are defamatory
occupation, degree of intelligence, physical
condition and other circumstances regarding
Intriguing Against persons, time and place.
Defamation
Honor
Source of derogatory Source is known Elements:
statements cannot be 1. That the offender does or fails to do an
determined act.
Consists of some tricky Committed in a public 2. That the doing of or the failure to do that
and secret plot and malicious manner act is voluntary.
Passes such The remarks made are 3. That it be without malice.
utterances without claimed to be true 4. That material damage results.
subscribing to the truth 5. That there is inexcusable lack of
of the remarks precaution on the part of the person
performing or failing to perform such act
TITLE FOURTEEN: taking into consideration
QUASI-OFFENSES a. Employment or occupation.
b. Degree of intelligence, physical
condition. and
SOLE CHAPTER: CRIMINAL NEGLIGENCE
c. Other circumstances regarding
(ART. 365)
persons, time and place.
ARTICLE 365 Test of negligence: Would a prudent man, in
IMPRUDENCE AND NEGLIGENCE the position of the person to whom negligence
is attributed, foresee harm to the person
Four ways of committing quasi- offenses injured as a reasonable consequence of the
under Art 365: course about to be pursued? If so, the law
1. By committing through reckless imposes a duty on the actor to refrain from that
imprudence any act which, had it been course or to take precaution against its
intentional, would constitute a grave or
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mischievous results, and the failure to do so suddenly placed in an emergency and
constitutes negligence. compelled to act instantly to avoid a collision
or injury is not guilty of negligence if he makes
Simple Imprudence consists in the lack of such a choice which a person of ordinary
precaution displayed in those cases in which prudence placed in such a position might
the damage impending to be caused is not make even though he did not make the wisest
immediate nor the danger clearly manifest. choice.
Elements:
1. That there is lack of precaution on the part
of the offender.
2. That the damage impending to be caused
is not immediate nor the danger clearly
manifest.
Emergency Rule:
An automobile driver who, by the negligence
of another and not by his own negligence, is
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