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LECTURE AND RECITATION NOTES ON CRIMINAL LAW II

WITH UPDATED SPECIAL PENAL LAWS


(ATTY. MAXIMO P. AMURAO)
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ARTICLE 114 - TREASON

• Who may commit treason? FILIPINO CITIZEN

• Where may he commit treason? ANYWHERE

• Are those who commit treason abroad criminally liable? YES

• Why is it that a Filipino citizen may commit treason even if abroad?


- Definition of treason; concept of allegiance

• What allegiance is owed by a non-resident alien?


• Why are penal laws territorial?
• What is the territoriality principle?

• Does this violate the principle of territoriality? NO. See Par. 5, Art. 2 of the RPC (crimes
committed against national security and the law of the nations; treason is a crime against a
national security, therefore it falls within the exceptions)

• Where may an alien commit treason? Only in the Philippines; he owes temporary allegiance to
the govt. of the Phil. in return for protection he receives

• What if he was once a Japanese and then he becomes a naturalized citizen, may he still be
liable for treason? YES. There is no distinction made in Art. 114

 Supposing during time of war, a Chinese businessman, who has been residing in the
Philippines for ten years, decides to visit China. While there, he commits treasonous acts
against the Philippines. Is he liable for treason? Supposing during time of war, a Chinese
tourist visits the Philippines for three days. On his third day of stay, he commits treasonous
acts against the Philippines. Is he liable for treason?

• How is treason committed?


(1) By levying war against the government

• Should there be an actual military encounter with the govt. forces? Not necessarily

• Can this be committed by just one person? NO; use of the word MEN in element #1

• Is it necessary that this assembly of men be armed? NO. There is no qualification in the law

 Supposing the Phil. Govt. was at war with Japan. We were all unarmed and we were
discussing ways and means of effectively delivering the govt. into the hands of foreign power.
Liable for treason? YES. Complied with elements of levying war

PREPARED BY: Dyann Kristi Catapang & Katheri Ann Charcos


UPDATED BY: Katrina Ayn Ayza Cue, Louresse Patricia Jane Soriaso & Ezekiel Joshua Villena

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(2) By adhering to the enemies and giving them aid

• During the Japanese occupation, certain Filipinos were moving around, convincing the people
that the principles of the govt. of Japan are better than that followed by the Phil. Treasonous?
NO. there is only adherence in this case (adhering to the enemies and giving aid or comfort
must concur)

 Suppose that during the Japanese occupation, you were a merchant engaged in the selling of
weapons and you were having transactions with the Japanese. Treasonous? YES. Adherence
to the enemy may be implied by the nature of the act committed.

 Suppose you were engaged in a transportation business; Japanese hired your buses to transport
their troops to another province. Liable? YES. It will directly strengthen the enemy’s troops

 Suppose you were a rice merchant supplying Japanese with rice. Liable? NO. Does not
strengthen enemy; no adherence on your part

 Supposing, during time of war, a young Filipina falls in love with a Japanese soldier. Is she
liable for treason? What if she supplies names of guerrilla leaders to him?

 Supposing a professor, during time of war, lectures about the advantages of having a
government similar to the Japanese. Is he liable for treason?

 Supposing a class, discuss and volunteer to do different means to help the Japanese (i.e.
distribution of weapons, etc.) Are the members liable for treason?

• Conviction of Treason

(1) Confession of Guilt – plea of guilty


Prosecution need not present evidence but may present it only to show the presence of
AGGRAVATING CIRCUMSTANCE/S

(2) Testimony of Two Witnessses with the same overt act

• WHY? Because it carries with it penalty of death and it is committed in abnormal circumstance

• Testimony of two witnesses to two different acts is not enough for conviction; testimony of
two witnesses must be credible and believed by the court

• Is it enough that there be two witnesses? –Depends: if testimony points to the same acts, it is
enough that there are only two witnesses

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UPDATED BY: Katrina Ayn Ayza Cue, Louresse Patricia Jane Soriaso & Ezekiel Joshua Villena

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• Is proof beyond reasonable doubt (PBRD) sufficient to convict the accused? NO. There is
further requirement of two witnesses who should testify on the same overt act (treason is the
only felony in the entire RPC where PBRD is not sufficient)

• Extrajudicial confession is not sufficient to convict a person of treason; confession must be


made in open court

• Prosecution of Treason

 Witness #1: saw personally the accused in the company of a Japanese major who went to the
house of a guerrilla officer; saw the accused point at the guerrilla, and the latter was tied and
dragged.
Witness #2: was walking in the farm locate across the brgy. hall; saw the jeep where the
guerrilla officer was; saw him being dragged by the Japanese, after which they shot him.
Is the 2-witness rule complied with? NO.

 Suppose the prosecution presented three witnesses but the court gave credence only to one
witness. Acquit or convict? Acquit for non-compliance with the 2-witness rule.

• If the common crimes were committed and was in any way connected with the objectives of
treason – liability is separate

• Accused was charged with treason and 10 acts of kidnapping with ransom: purpose of ransom
was to finance their (treasonous) activities. Liability? Treason.

ARTICLE 115 - CONSPIRACY TO COMMIT TREASON

ARTICLE 116 - MISPRISION OF TREASON

• How soon should the disclosure be made? Within a reasonable period which will depend on the
judgement of the judge

• By any person? NO. refer to element #1

• Does this violate the principle of generality? Yes, it violates BUT this is an express exception
by provision of the law

 Supposing, accused is prosecuted for MT; alleged in the info that being a Filipino citizen, he
owes permanent allegiance and having knowledge of persons who performed acts w/ the view
of overthrowing the govt., he should have disclosed the same. Liable? NO. Knowledge was
already about treason (in the first manner) and not mere conspiracy

 Supposing, accused is resident of a city; has knowledge of conspiracy; refused to disclose the
matter to the mayor/fiscal because they are among the most corrupt; disclose the matter
directly to the AFP Chief of Staff. Liable for MT? NO. Even if the matter was not disclosed to
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the person/s specified in the law, there was no intent on the part of the accused not to disclose
the info.

 Supposing a witness sees a group of men, all unarmed, discussing means to commit
treasonous acts against the government. He does not disclose what he sees to anyone. Liable?

ARTICLE 117 - ESPIONAGE

• Where may espionage in the first manner be committed (RPC)?

 Suppose that the US donated armaments, etc. to the Phil. Govt. to be used for its war against
Malaysia; arms were stored in a warehouse in Nueva Ecija; newspaper reporter without
authority went inside the warehouse to take photos of the arms; was still 50 meters away from
the warehouse when he was accosted. Liable? YES. Elements of first manner of committing
the crime were present

 Supposing, a newspaper man who was accosted told the military officers that he wanted to
take the photos of the modern warfare that he read in Remate (tabloid). Liable? NO because
what he intends to obtain is not anymore confidential; the matter has ceased to be confidential
because of its previous publication

 Supposing, you climbed a tree to photograph confidential information. May you be held liable
for espionage under the RPC? No. But you may be liable for violation of CA 616.

 May espionage be committed in the National Library? In the Benedictine Abbey?

 Supposing you paid the janitor to obtain confidential information for you. Are you liable for
espionage under the RPC? How about the janitor?

• May espionage in the second manner be committed by a private person (RPC)? No.

 Supposing a high ranking military officer discloses confidential matters to a beauty contestant
from another nation. Is he liable for espionage? Yes. The law does not distinguish foreign
representative.

ARTICLE 118 - INCITING TO WAR OR GIVING MOTIVE FOR REPRISALS

 Supposing protesters burn the US flag in front of the US embassy, are they liable? Does the
act have a tendency to provoke war against US?

• Does the raising of troops constitute inciting to war?

ARTICLE 119 - VIOLATION OF NEUTRALITY

ARTICLE 120 - CORRESPONDENCE WITH HOSTILE COUNTRY


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 Supposing Malaysia is at war with the Philippines. If a Filipina writes a love letter to a
Malaysian sweetheart, is she liable for violation of Article 120? Without prohibition by the
government? With prohibition by the government? What if the letter contains the drawing of a
heart only?

ARTICLE 121 - FLIGHT TO ENEMY’S COUNTRY

• May this be committed by mere attempt to flee? YES

ARTICLE 122 - PIRACY IN GENERAL AND MUTINY ON THE HIGH SEAS OR IN PHILIPPINE WATERS

• In what way is piracy under the RPC different from piracy under P.D. 532? Piracy under the
RPC if committed by a stranger; Piracy under PD 532 if committed by passenger or member of
the crew

• Which piracy falls under the law of the nations?

• What constitutes high seas? Philippine waters?

 May piracy be committed in the Pasig River? Waters under the Mendiola Bridge? Lake in
Burnham Park? Floating restaurant?

 Supposing you boarded a motor boat and a passenger ordered other passengers to give him
their belongings. Is he liable for piracy?

• What if persons from another boat commit the act of piracy. Which law will apply, RPC or P.
D. 532?

 Ship from Manila to Cebu; while waiting for the departure of the ship, a person suddenly
boarded the ship, pointed a knife at you, demanded that you give your belongings after which,
he got off. Crime committed? Piracy under RPC
 What if it was also a passenger of the ship who took your belongings? Piracy under PD 532

 Floating casino in Manila Bay; while you were there, a person pointed a revolver at you and
demanded that you give your winnings. Crime committed? –Common robbery –floating
casino is not within the definition of a vessel

RA 6235 ANTI-HIJACKING LAW

• Acts Punishable:
(a) Aircraft of Phil. registry:
(1) change in the course OR destination;
(2) seize or usurp control thereof

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UPDATED BY: Katrina Ayn Ayza Cue, Louresse Patricia Jane Soriaso & Ezekiel Joshua Villena

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 PAL from Manila to Davao: accused compelled the pilot to veer the plane a little to right for a
couple of minutes. Violation? Yes –refers to a change in the course

 Accused bribed the pilot to veer the plane in exchange for money. Violation? No - there is no
compulsion (what is punished is the element of compulsion)

• Definition of “in flight”: from the moment external doors are closed following embarkation
to the moment they are opened for disembarkation

• May a plane be considered in flight when the external doors have been closed but it is still on
the ground because of engine problems? YES.

• Doors are already closed, passengers were already on board; but the pilot was still waiting for
instructions from control tower; accused seized control of the plane. Violation? YES

 Suppose the doors have already been opened but the passengers have not come out; accused
seized control of the plane. Violation? NO. Plane has seized to be in flight

 A group of skydivers on board a Phil. plane about to stage a skydiving exhibition in Luneta; at
a latitude of about 15,000 ft., the door of the plane opened and the skydivers jumped out; last
person, instead of jumping, seized control of the plane. Violation? NO - legally speaking, the
plane is no longer in flight, notwithstanding that it is actually flying

(b) aircraft of foreign registry:


(1) landing;
(2) seize or usurp control thereof

• Is it necessary that acts be done while the aircraft is in flight? NO, the law is silent

 Japan airlines, after it has landed, external doors were already opened, accused barged into the
pilot’s cockpit and seized control of the plane. Liable? YES
 Under the same facts, if plane if of Phi. Registry, liable? NO – no longer in flight

(c) other acts:

• Shipping, loading, carrying in any passenger aircraft operating as a public utility w/in the
Philippine any explosive, flammable, corrosive, or poisonous substance or material (Sec.3)

 A group of students chartered a PAL passenger plane for their exclusive use from Manila to
Zamboanga; on board, they carried with them bottles of cyanide and several sacks of
dynamite. Liable? YES
 Same facts but the plane was owned by one of the students. Liable? NO – plane is not w/in the
contemplation of “public utility”

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UPDATED BY: Katrina Ayn Ayza Cue, Louresse Patricia Jane Soriaso & Ezekiel Joshua Villena

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ARTICLE 123 - QUALIFIED PIRACY

ARTICLE 124 - ARBITRARY DETENTION

• May this be committed by ANY public officer? NO – only by those vested with authority

• May this be committed by an officer who arrested and detained a person by virtue of a warrant
of arrest issued by the court? NO The moment there is a WOA, no arbitrary detention can be
committed

• Public officer liable for arbitrary detention may be one who: has duty to make an arrest or
detain; may recommend an arrest or detain; or may order an arrest or detain

• A private individual may be also be liable for arbitrary detention if he acts either as an
accessory, accomplice, principal by inducement, or principal by indispensable cooperation

• Legal grounds for detention (1) committed the crime, (2)compulsory confined, (3) violent
insanity

• Instances when warrantless arrests are lawful:


(1) has committed, is actually committing or is attempting to commit an offense in his
presence

• May a crime be committed in the presence of a public officer who is blind? Yes. Deaf? Yes.
Both?

(2) personal knowledge of the facts that the person to be arrested actually committed the
offense

• May a person be arrested based on suspicion? Is suspicion equivalent to actual knowledge?

 Suppose the accused stabbed X; there was a commotion after which the accused fled. He was
holding a knife and he was already stained with blood. He was being chased by the people. A
police officer came. Seeing what was happening, he arrested the accused. Liable? NO –there
is personal knowledge of the facts that a crime has been committed and the person being
arrested was the one who committed it

 Suppose a crime of robbery was committed. All the lights were on when it happened. The
members of the household were able to give description of the robbers to the police. Three
days later, the officer saw one of the persons who fitted the description given so he arrested
him. Valid? No. There is no probable cause to believe that the person committed the crime; he
only has hearsay knowledge

 Supposing a woman was a victim of rape; together with her parents, she proceeded to the
NBI to report the crime. Since there were media present, a task force was organized. The TF
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learned rapist was in Bacolod. They search and found him. There is no warrant of arrest. May
NBI task force arrest and detain him? NO. They only have hearsay knowledge

(3) arrest of a prisoner who escaped

ARTICLE 125 - DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER JUDICIAL AUTHORITIES

• Distinguish from arbitrary detention

• When does detention in delay become illegal? Upon expiration of the periods specified

• Reason behind the law: to prevent any abuse that may be committed against the accused so that
he can avail of any legal rights available to him.

• To whom should the delivery be made? Courts of Justice

• Is delivery to fiscal sufficient? No. He doesn’t form part of judicial authority

• May this be committed if there is warrant of arrest? NO. Even if you fail to deliver him as
required there is already a case in court.

 X killed his neighbor in the course of their town fiesta. There was a police officer. Police
officer made the arrest because he saw the killing. Within what hours should you be
delivered? 36 hours

 Supposing you were only delivered on the 7th day. What crime is committed by the police
officer? Violation of Art. 125

• What does PO do if he cannot deliver him so he may not be liable? He should release him.

• Assuming detention is already illegal does this affect the validity of your arrest? Yes.
Detention became illegal.

• Does illegal detention affect your crime? No.

ARTICLE 126 - DELAYING RELEASe

• Is there a period prescribed? Yes. Same as that prescribed in Art 124: 3 – 15 days; 15 days – 6
months; 6 months or more

ARTICLE 127 - EXPULSION

• May a Filipino be expelled from the Philippines? NO

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• Who can be expelled? ALIENS only

• Who can order expulsion? Bureau of Immigration and Deportation to be approved by the
Office of the President

• Convict has already served the minimum term of his sentenceand ready to be released for
parole; condition in his parole fixes his residence even against his will. Is condition valid? YES

 Supposing the Mayor of City of Manila, in order to stop prostitution he arrested and sent all
prostitutes to Basilan. Is he liable? Yes.

• May an alien be deported by the Bureau of Immigration without violating Art 127? Yes
because the Bureau of Immigration has the authority to do so.

• May court order convict to change the residence by virtue of Probation Law? Yes. There is
authority of law; court by final judgment. How about by virtue of ISLAW? Dangerous Drugs
Act? Yes to both. Laws; granting authority

ARTICLE 128 - VIOLATION OF DOMICILE

• Judicial order = search warrant

• Search Warrant: an order in writing issued in the name of the People of the Phils, signed by a
judge and directed to a peace officer, commanding him to search for personal property
described therein and bring it before the court

• Requisites: (1) probable cause; (2) for one offense (3) to be determined personally by the judge
(4) particular description of place, persons and things

• Effect of SW that was not legally obtained: things seized would be inadmissible in evidence

 Suppose NBI agents conducted a surveillance operations for 2 weeks, after which they were
convinced that there is a shabu lab in a certain compound. The agents applied for the issuance
of SW for violation of DDA and for illegal possession of firearms. Armed with the SW, the
agents raided the lab. Is the SW issued by the court valid? NO-warrant was issued for two
offenses

 Warrant was issued for violation of DDA, when agents entered the compound, they saw the
warehouse door was open, through which they can see high powered firearms. They seized
such firearms. May these be admissible in evidence? NO-not included in SW

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 Suppose court issued a SW for the seizure of equipment used in the production of shabu;
location of shabu lab is in a compound: white house, blue gate. Valid? NO – place was not
particularly described

 Suppose the SW was issued for illegal possession of firearms, ordering the officers to seize
high-powered firearms in the condo unit of the accused located in the 5th floor; agents saw that
there were several units in said floor so they inquired; raided the condo unit after the inquiry.
Valid? NO – place not particularly described

 Suppose the court issued a SW against the accused for violation of the internal revenue law,
ordering the seizure of ALL documents contained inside the 2 cabinets in the office of the
accused; agents implemented the warrant; got all the documents. Prosecutor only presented
those material and relevant to the offense. Valid? NO – things seized were not particularly
described therein

 NBI agents applied for SW against the house said to be a shabu lab. It was almost 5pm when
thy arrived at the office of the judge; judge was in a hurry so he instructed the clerk to receive
the evidence the agents may present in support of their application, draft the order and bring it
tot the judge. Everything was done by the clerk. Order was brought to the judge who signed it.
Agents implemented the warrant. Valid? NO – probable cause was not determined personally
by the judge

• May judge delegate such duty? NO. It is personal.

• How is violation of domicile committed?

(1) by entering…
-dwelling: a place that satisfies the requisites of domestic life
Is it enough that there is no consent? NO-entry must be against the will of the owner

 Police major who is your neighbour saw the door of your house slightly opened; he entered
your house. Violation? NO

 There was a sign that said “Do not enter at all times” but the door is slightly opened.
Violation? YES-there is express prohibition

 Suppose the door was locked, which the police major opened and he entered the house.
Liable? YES - locked door is implied prohibition

 Sign says “no trespassing”, police entered. Liable? YES – express prohibition

 Door was open, sign says “Beware of dogs!” Police entered. Liable? NO.

 Sign says enter at your own risk. Police entered. Liable? NO.

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UPDATED BY: Katrina Ayn Ayza Cue, Louresse Patricia Jane Soriaso & Ezekiel Joshua Villena

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(2) by searching…
is it necessary that the entry be done against the will of the owner? NO – it is sufficient that the
entry is without the consent of the owner.

(3) by refusing to leave…


- surreptitious entry: secretly entering the house

 Police entered the house through the closed back door which he opened. Once inside, owner
saw him and asked him to leave. Officer left. Liable? YES, under the first manner – closed
door constitutes prohibition

• What consummates the crime? Refusal to leave the premises

 Supposing a police officer, with the intention of searching the premises of your house, entered
through the slightly opened front door without your consent. However, before he began his
search, his attention was caught by the picture of a beautiful woman posted on your wall.
While he was intently staring at the picture, you catch him inside your house and order him to
leave, which he immediately does. Is he liable for violation of domicile? No. He is not liable
because he did not commit any of the three acts under Article 128. There is no implied
prohibition because the door was slightly opened; he did conduct any search; he did not refuse
to leave the house after having been required to do so.

ARTICLE 129 - SEARCH WARRANTS MALICIOUSLY OBTAINED, AND ABUSE IN THE SERVICE OF THOSE
LEGALLY OBTAINED

• Is perjury necessary in maliciously obtaining a search warrant?

• What if an illegal firearm was actually found based on a maliciously obtained search warrant
for illegal possession of firearm?

• Manner of Commission
(1) maliciously obtaining

 Suppose you have a persistent suitor whom you don’t like so you rejected him. He turned out
to be an NBI officer and he ensued an application for SW against your father for keeping
firearms in you house, which is not true. The warrant was issued. What crime/s may he be
liable for? Perjury and procurement of SW w/o just cause

 Suppose he came to you and told you that unless you answer him, he will implement the
warrant. In order to save your father, you answered him. Is he liable for procuring SW w/o
just cause? YES. The crime is consummated by the mere act of obtaining the SW; it need not
be implemented.

(2) abuse in the service

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• Does the law require that for abuse to be committed, the SW must be lawfully obtained? The
warrant enjoys the presumption of validity since it was issued by the court. If the warrant turns
out to be unlawfully issued, the agents would only be liable for maliciously obtaining SW.

ARTICLE 130 - SEARCHING DOMICILE WITHOUT WITNESSES

 Supposing a raiding team conducted the search of a dwelling in the presence of two maids
only. Are the members of the raiding team liable for violation of Article 130?

 Supposing the raid was conducted in the presence of two members of the raiding team who
were also residents of the same locality. Are the members of the raiding team liable for
violation of Article 130?

 Supposing the raid was witnessed by the twon children residing in the house who were both 8
years old; may the members of the raiding team be liable? Yes. The children are not valid
witnesses.

ARTICLE 131 - PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETING

• How committed?

(1) by prohibiting or by interrupting, w/o legal ground, the holding of a peaceful meeting,
or by dissolving the same

• What constitutional right is safeguarded? Right to peaceful assembly


• During a rally and while certain people were speaking, somebody threw an explosive in the
middle of the crowd. May the police lawfully disperse the assembly? YES it has ceased to be
peaceful.

(2) By hindering any person from joining any lawful association or from attending any of
its meetings

 Suppose an officer prevented you, through force or threat from joining the NPA. Liable? No –
what is contemplated is the joining of a lawful org; NPA is not a lawful org

(3) By prohibiting or hindering any person from addressing, either alone or together with
others, any petition to the authorities for the correction of abuses or redress of
grievances

• What right is safeguarded? Right of the people to redress grievances

ARTICLE 132 - INTERRUPTION OF RELIGIOUS WORSHIP

• Committed only by public officers or employees

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• Is it necessary that the act be committed inside a place of religious worship? NO.

• Is it necessary that it be done in a church? No. What is important is that what is interrupted is a
ceremony.

ARTICLE 133 - OFFENDING THE RELIGIOUS FEELINGS

• Whose point of view should be considered to determine the act as notoriously offensive? The
worshippers.

 Supposing accused placed the statute of the Virgin Mary in the altar and chopped it in pieces.
He claimed that the Virgin Mary was only made of wood. May he be liable for violation of
Article 133? Yes.

ARTICLE 134 - REBELLION OR INSURRECTION

• Can it be committed by only one person? NO. It is a crime of the masses

• Manner of conviction: proof beyond reasonable doubt (2-witness rule is not necessary)

• Is it necessary that they engage the government forces in actual combat? NO.

 Supposing common crimes are committed. What crime is committed? If the common crime
was committed in furtherance of the objectives of rebellion, the common crime is absorbed in
the crime of rebellion

 Supposing an NPA commander had an encounter in Mindoro. They ambushed the military.
What crimes are committed? Rebellion only. May they be prosecuted for murder? No. It is
absorbed in rebellion.

 Supposing they raped the daughter of the Barangay Captain? Liable also for rape as it is not
connected with any political purpose.

 Supposing the NPA commander ambushed the governor for being corrupt. What crime is
committed? Rebellion

 Suppose an NPA asked you to encash some of their checks and to deliver them. Liable? NO -
mere adherence to the enemy by giving them aid or comfort is not punishable under rebellion

 Members of the NPA kidnapped a Chinese merchant and demanded a ransom. Upon payment,
the Chinese was released and the ransom was given to the officers of the NPA for its finances.
Crime committed? Rebellion only.

 Suppose the kidnappers distributed the ransom among themselves. Crime? Kidnapping

PREPARED BY: Dyann Kristi Catapang & Katheri Ann Charcos


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ARTICLE 134 - A COUP D’ETAT

• Offender: military, police, or public officer or employee

• Difference between rebellion and coup:


1. as to persons criminally liable:
Rebellion – public persons and private persons
Coup de etat – public persons, military or police officers

2. as to manner of commission:
Rebellion – rising publicly and taking arms against the government
Coup de etat – swift attack accompanied by violenece, intimidation, threat, strategy, or stealth

3. as to purpose:
Rebellion – Section 134
Coup de etat – Section 134-A

4. target of the attack:


Rebellion – government
Coup de etat – authorities of the Philippines, military camp, installation, communication
networks, public utilities or other facilities

• May coup d’ etat be committed by one person? YES.

ARTICLE 135 PENALTY FOR REBELLION, INSURRECTION, OR COUP D’ ETAT

ARTICLE 136 CONSPIRACY AND PROPOSAL TO COMMIT COUP D’ ETAT, INSURRECTION, OR REBELLION

• Conspiracy to commit Coup de etat

 Supposing, military officers met outside the Philippines and they agreed and decided to seize
the power from the present administration; upon arrival, they were arrested and prosecuted for
committing conspiracy to commit coup de etat, are they liable? NO, because it was committed
outside Philippine territory; it cannot be prosecuted here because it was not among the
exceptions provided for in Article of the RPC (Conspiracy to commit coup de etat is a crime
against public order)

ARTICLE 137 DISLOYALTY OF PUBLIC OFFICER OR EMPLOYEES

ARTICLE 138 INCITING TO REBELLION OR INSURRECTION

 Supposing, a member of the NPA was going around recruiting members by inciting them.
Crime committed? Rebellion, because one element is missing; that the offender does not take

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arms against, or is not in open hostility with the government; offender in this case was already
a member of the NPA

 Supposing, an ordinary barangay leader who was fed up with the Arroyo administration,
thorugh speeches, persuaded and convinced people to join him in the fight against the
government, what crime was committed? Inciting to rebellion

 Suppose the audience before whom he spoke were finally induced and persuaded by him to
join the movement and overthrow the government, what crime was committed? Rebellion,
because the persons induced would be principals by direct participation; person who induced
would be a principal by inducement

 Using the same facts, if they were not convinced, what crime was committed? Inciting to
rebellion

ARTICLE 139 - SEDITION – HOW COMMITTED

• When is public uprising deemed to be tumultuous? Article 163 – if it is caused by more than
three (3) persons who are armed or are provided with means of violence

 Supposing, ten (10) persons who are armed purpose is to prevent the holding of a referendum
through force, etc., are they liable? NO, referendum is different from an election

 Supposing, several members in the barangay, during the elctions, armed themselves and
proceeded to the precincts and prevented the elections officers; inspectors, etc. from
performing their duties, what crime was committed? Sedition, under the 1st purpose

 Using the same facts, but the officers were prevented from performing their duties during a
referendum, are they liable for sedition? YES, under the 2nd purpose

ARTICLE 140 - PENALTY FOR SEDITION

ARTICLE 141 - CONSPIRACY TO COMMIT SEDITION

ARTICLE 142 - INCITING TO SEDITION

• How committed?

(1) inciting others to the accomplishment of any of the acts which constitute sedition by means
of speeches, proclamations, writings, emblems, etc.

(2) uttering seditious words or speeches which tend to disturb the public peace

- clear and present danger rule


- dangerous tendency rule
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(3) writing, publishing, or circulating scurrilous libels against the government or any of the duly
constituted authorities thereof which tend to disturb the public peace

 Supposing X incited others to commit sedition and they commit sedition. What crime may X
be liable for? Sedition for principal by inducement because Sedition was committed.

• May the crime of inciting to sedition be committed by mere silence? YES, by knowingly
concealing such evil practices (one of the ways of committing inciting to sedition)

ARTICLE 143 - ACTS TENDING TO PREVENT THE MEETING OF THE ASSEMBLY AND SIMILAR BODIES

ARTICLE 144 - DISTURBANCE OF PROCEEDINGS

• May an accused put double jeopardy as a defense? No. Separate power of Congress.

ARTICLE 145 - VIOLATION OF PARLIAMENTARY IMMUNITY

(1) By using force or intimidation


- preventing a member from attending a meeting

 Supposing, there is an investigation in Basilan to find out how some members of the Abu
Sayyaf were able to escape; a military officer abducted a member of the Congress who was
always taking an antagonistic position against them, what crime was committed? May the
military officer be held for kidnapping? Did the single act of the military officer give rise to
two (2) felonies (kidnapping and violation of parliamentary immunity)? Crimes are
COMPLEXED under Article 48, 1st part, of the RPC (when a single act constitutes two or
more grave or less grave felonies)

(2) By arresting or searching

 Supposing, a congressman committed the crime of homicide (penalty is reclusion temporal)


and he was arrested while he was on his way to the session hall of Congress, was the arrest
lawful? YES

 Supposing, Congress was in session for 3 months, starting July 1; the Congressman was
arrested on August 28 while he was at home; penalty for the crime he committed was 5 years,
was the arrest lawful? NO, refer to the definition of “session”

ARTICLE 146 - ILLEGAL ASSEMBLIES

• First form of illegal assembly

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 Supposing, there was a meeting attended by several persons, the purpose of which is to devise
ways and means of kidnapping; not one of those who attended the meeting was armed, is this
illegal assembly? NO, a meeting, to be illegal, must be attended by armed persons

 Supposing, there were 10 persons, all armed, had a meeting, the purpose of which was to
commit illegal logging, liable? NO, it is not an offense punishable under the RPC

• Second form of illegal assembly

• Is it necessary that they be armed? NO


• Is it necessary that the members of the audience be incited? YES

ARTICLE 147 - ILLEGAL ASSOCIATIONS

 Supposing, a group formed an association, Cheats Unlimited, the purpose of which is to


devise ways and means to cheat without being discovered, are they liable? YES, contrary to
public morals

 Supposing, by force, a friend prevented you from attending the meeting of cheats; is your
friend liable under Article 131? NO, association is unlawful; what is prohibited in Article 131
is preventing someone from attending a meeting of a lawful organization

ARTICLE 148 - DIRECT ASSAULTS

• How committed?

(1) By employing force, intimidation...

- public uprising + tumultuous + political purpose = SEDITION

- force or intimidation + objectives of rebellion or sedition + public uprising – (minus) public


uprising = DIRECT ASSAULT in the first form

(2) By attacking, by employing force...

 Supposing, a governor who recommended his niece to be a member of the staff of the mayor
but the positions were already filled hence she was not accommodated; the governor went to
the office of the mayor where he inflicted where he inflicted fist blows upon the mayor, what
crime was committed by the governor?

 Using the same facts, supposing, they met at a wedding and there, the governor assaulted the
mayor, what crime was committed? By reason of past performance of duties

 Supposing, in a criminal case, the lawyer cross-examined the witness of the other side and
practically destroyed his testimony; the other party waited for the lawyer outside where they
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inflicted harm on him, what crime was committed? Direct Assault, lawyers are considered
persons in authority, and he was attacked by reason of the performance of his official duties as
a lawyer

 Supposing a professor was in the middle of discussing lessons in class when his neighbor,
who had a long time personal grudge against him, through a stone at the professor, which hit
him on the head and killed him. May the offender be liable for direct assault? YES. The
Reason for attack immaterial if done in the actual performance if duty

 What if the killing was done while the professor was walking on his way home? No – there is
no direct assault.

 What if the neighbor was actually a former student and he killed the professor while on his
way home because the latter failed him in class. May the offender be liable for direct assault?
Yes – the attack was done connected with performance of official duty

 May a person in authority be liable fro direct assault committed against subordinate? YES.
Qualified assault – It is an aggravating circumstance when an offender s a public
officer/employee

 Supposing a provincial governor violated the traffic rules and regulations. A traffic enforcer
stopped him and gave him a ticket. The governor got mad and shot the traffic enforcer. May
the governor be liable for direct assault? YES. Position is immaterial.

ARTICLE 149 - INDIRECT ASSAULTS

• Can only be committed in the occasion of direct assault

• Does acquittal in DA also mean an acquittal in IA? It depends on the ground of acquittal. If
acquitted because the act does not constitute direct assault it also means the person shall be
acquitted for indirect assault; if acquitted for reasons which are personal only to the accused, it
shall not mean acquittal in IA. This includes being acquitted because of insanity or minority. If
acquitted because there is no guilt beyond reasonable doubt, not acquitted in IA. This would
mean that there is a crime of DA however guilt of accused was not sufficiently proven

• It is necessary that the offender has knowledge that the person assaulted is a person in authority
or his agent? Yes. Absence of knowledge may constitute a defense of good faith

ARTICLE 150 - DISOBEDIENCE TO SUMMONS ISSUED BY THE NATIONAL ASSEMBLY, ITS COMMITTEES AND
SUBCOMMITTEES, BY THE CONSTITUTIONAL COMMISSIONS, ITS COMMITTEES, SUBCOMMITTEES OR DIVISIONS

ARTICLE 151 - RESISTANCE AND DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENTS OF SUCH
PERSON

PREPARED BY: Dyann Kristi Catapang & Katheri Ann Charcos


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ARTICLE 152 - PERSONS IN AUTHORITY AND AGENTS OF PERSONS IN AUTHORITY – WHO SHALL BE
DEEMED AS SUCH

• Persons in Authority
- directly vested with jurisdiction
- Examples: mayor, judge, congressman, members of the board of directors,
teachers, administrators (dean, rector, Chaplain), lawyers if in actual performance
of professional duty or attacked because of such reason

• Agent of person in authority


- not vested with jurisdiction
- duty is the protection of persons and property
- maintenance of public order
- Examples: policeman, barangay tanod, members of the military

ARTICLE 153 - TUMULTS AND OTHER DISTURBANCES OF PUBLIC ORDER

ARTICLE 154 - UNLAWFUL MEANS OF PUBLICATION AND UNLAWFUL UTTERANCES

• How Committed

1st Manner:
Essence is publication of false news which causes damage to the interest of the state

 Supposing X published that half of Mindanao under control of MILF. But it is false. Will X be
liable? Yes. Prejudicial to the interest of the state

2nd Manner:

 Supposing X made a film about the life of Abu Sabaya. In the film, he made him a hero. May
X be liable? Yes. Praising, justifying, extolling an act punished by law

3rd Manner:

 Supposing X prematurely published a PIATCO Contract investigated by Blue Ribbon


Committee? May X be liable? Yes – he has no official authority to publish the contract

ARTICLE 155 - ALARMS AND SCANDALS

• Will the firing of a gun be punishable? Yes, provided the gun is not pointed at any one in
particular. If pointed at another, the crime is discharge of firearm or grave threat, provided
there is no intent to kill. If there is intent to kill, the crime is either attempted homicide/murder
if the wound is not mortal; frustrated homicide/murder if the wound is mortal

ARTICLE 156 - DELIVERY PRISONERS FROM JAIL


PREPARED BY: Dyann Kristi Catapang & Katheri Ann Charcos
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 Supposing, the one who escaped is a detention prisoner, if another person assists in the escape
of such detention prisoner, is he liable? YES

 Supposing, a youthful offender was committed inside a reformatory institution, and an officer
assisted in the escape of such youthful offender, what crime was committed? Infidelity

 Supposing, a jail officer whose duty is from 7am-7pm, then he assisted in the escape of a
prisoner at around 3pm, what crime was committed? Infidelity

 Supposing, using the previous case, he assisted in the escape at around 10pm, what crime was
committed? Delivering Prisoners from Jail, because he is already off-duty, and the prisoner
is not anymore under his custody

ARTICLE 157 - EVASION OF SERVICE OF SENTENCE

 Supposing, there is a prisoner against whom a judgment of conviction has been rendered; he
appealed such judgment to the CA, and while pending, he escaped, is he liable under this
article? NO, the judgment of conviction is not yet final

 Supposed a youthful offender who is committed in a reformatory institution escapes. What


crime may he be prosecuted for? No crime, he is not yet convicted by final judgment
 Youthful offender who is incorrigible in a reformatory institution. The court pronounced
judgment. He escaped in Bilibid. May he be liable? Yes.

 Supposing the accused is prohibited to enter manila. His mother gets sick in manila. The
accused went to Manila. Will he be liable? Yes. What is the remedy is available to him to be
able to visit his sick mother during the service of his sentence? Executive clemency

ARTICLE 158 - EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF DISORDERS, CONFLAGRATIONS,


EARTHQUAKES, OR OTHER CALAMITIES

• Failure to return 48 hours within the proclamation = addition of 1/5 of the unexpired term to
the sentence; if he returned a deduction of 1/5 of the entire sentence shall take place

• Accused must be a convict not a detention prisoner

ARTICLE 159 - OTHER CASES OF EVASION OF SERVICE OF SENTENCE (VIOLATION OF CONDITIONAL


PARDON)

 Supposing, the accused was convicted of homicide and was sentenced to a penalty of 10
years, after 6 years, he was granted a conditional pardon; 2 years after, he was found guilty of
frustrated homicide. May the President order his re-arrest even without waiting for conviction
of the second crime? May he still be prosecuted separately for violation of conditional
pardon?
PREPARED BY: Dyann Kristi Catapang & Katheri Ann Charcos
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 Supposing, accused was convicted, sentenced to 10 years; he already served for 8 years, was
granted a conditional pardon thereafter and it was expressly provided that the convict should
observe the terms and conditions of the conditional pardon for 7 years; is the condition valid?
YES, the conditional pardon is in the nature of a private contract between the President and
the convict; the convict is free to accept or reject the offered conditions of the contract in the
pardon

ARTICLE 160 – QUASI-RECIDIVISM

 Supposing the accused was convicted of attempted rape; while serving his sentence, he
committed and was found guilty of illegal possession of shabu, is he a quasi-recidivist? NO,
the second offense committed by him was a violation of a special law; to be liable, the second
crime must be a felony

 Supposing, accused was already serving sentence for violation of a special law, while serving
the same, he attempted to take the life of his co-prisoner, is he liable? YES, the first offense
need not be a felony

ARTICLE 161 - COUNTERFEITING THE GREAT SEAL OF THE GOVERNMENT OF THE PHILIPPINE ISLANDS,
FORGING THE SIGNATURE OR STAMP OF THE CHIEF EXECUTIVE

ARTICLE 162 - USING FORGED SIGNATURE OR COUNTERFEIT SEAL OR STAMP

 Supposing, the accused has a pending shipment, which is kept by the customs and cannot be
released because of failure to complete the payment of customs duties; asked his friend from
Malacanang to get an endorsement from the President; his friend forged the President’s
signature and gave the endorsement to the accused; shipment was then released. Can the
accused be held liable under this Article? NO, there was no knowledge on his part that the
signature of the President on the endorsement was forged

• Is this an act of accessory? Yes but if accused is punished as principal of Article 162 he is not
an accessory of Article 161.

ARTICLE 163 - MAKING AND IMPORTING AND UTTERING FALSE COINS

ARTICLE 164 - MUTILATION OF COINS

• Is mere possession of counterfeited coins with knowledge make one liable? No, there must be
actual uttering and intent

ARTICLE 165 - SELLING OF FALSE OR MUTILATED COIN, WITHOUT CONNIVANCE

ARTICLE 166 - FORGING TREASURY OR BANK NOTES OR OTHER DOCUMENTS PAYABLE TO BEARER;
IMPORTING, AND UTTERING SUCH FALSE OR FORGED NOTES AND DOCUMENTS
PREPARED BY: Dyann Kristi Catapang & Katheri Ann Charcos
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• What may be the subject of forgery? Does this include treasury or circular notes issued by a
foreign bank be subject? How about those issued by the Philippines?

ARTICLE 167 COUNTERFEITING, IMPORTING, AND UTTERING INSTRUMENTS NOT PAYABLE TO BEARER

ARTICLE 168 ILLEGAL POSSESSION AND THE USE OF FALSE TREASURY OR BANK NOTES AND OTHER
INSTRUMENTS OF CREDIT

 Supposing X used false bank note to pay for his the groceries; he did not know that it is fake,
may he be liable for possession?

• What is the presumption? Accused is the author of the forgery when he is found in possession
of false treasury notes, etc. It is presumed there is intention to utter.

ARTICLE 169 - HOW FORGERY IS COMMITTED

 Supposing X was in the possession of a sweepstakes ticket. Only the last number is different
from the winning combination so he changed it and presented it as the winning ticket. May X
be held liable?

• How would you classify the lottery ticket, is it payable to bearer or order? It is payable to
bearer

ARTICLE 170 - FALSIFICATION OF LEGISLATIVE DOCUMENTS

ARTICLE 171 - FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE OR NOTARY OR ECCLESIASTICAL


MINISTER

• Differentiate Article 170 from Article 171: Determine the nature of the document falsified, if it
is legislative regardless of offender it is under Art 170. If it is not legislative and falsified by a
public officer who takes advantage of his position/office it falls under Art 171.

• An ecclesiastical minister is liable only when the falsification affects civil status of persons and
not ones religion

• Under fourth manner commission, the entry falsified must be a fact not an opinion

 Supposing a prisoner was arrested on January 2, 2001 but the arresting officer failed to deliver
within 36 hours to proper authorities, thus making him liable under Article 125. To avoid
being reprimanded, the officer changed the date of arrest to January 3, 2002 – date of
turnover. Is he liable under the fifth manner of commission? YES. Date is essential.

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 What if the date of arrest was on January 2, 2001 and the prisoner was delivered on January 3,
2001. The officer placed the date as January 5, 2001 as date of arrest. Is he liable under the
fifth manner of commission? NO. Date was not essential.

 Supposing the Secretary of PRC is in charge with keeping the grades of board examinees. She
changed the grade of one examinee from 71 to 77. May she be liable under the sixth manner
of commission? Yes.

 Supposing the Local Civil Registrar issued a birth certificate to show you were born earlier so
X can run for mayor. Is the LCR liable? Yes.

ARTICLE 172 - FALSIFICATION BY PRIVATE INDIVIDUALS AND THE USE OF FALSIFIED DOCUMENTS

• May there be a crime of estafa through falsification of public, official or commercial


documents? Yes. There is no complex crime of estafa through falsification of a private
document since both have the same element – damage. Determine which crime was first
committed by the accused. The first crime committed is his first liability.

 Supposing X used a falsified document in an administrative proceeding? What crime may he


be liable for? Use of falsified documents for other transaction

 What if he was applying for a loan in a bank, and he used a false document, what crime may
he be liable for? Use of falsified documents for other transaction

ARTICLE 173 - FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH, AND TELEPHONE MESSAGES, AND USE
OF SAID FALSIFIED MESSAGE

ARTICLE 174 - FALSE MEDICAL CERTIFICATES, CERTIFICATE OF MERIT OR SERVICE, AND THE LIKE

 Supposing A asked his father, a doctor, to a medical certificate to excuse him from classes.
The father issued the certificate stating that X was recovering from fever and had to rest for
three days when in fact, X was never ill. Who may be liable under Article 174? The father.

 What if it was X’s mother who issued mother the certificate, who is liable? The mother.

 Supposing X presented it to his professor. May he be liable for the commission of a crime?
Yes he is liable under Article 175 using false certificates.

 Supposing X wanted to apply for a position in a company, which requires at least seven years
of work experience. X only had two years of work experience so he asked a former superior to
issue a certificate stating that he has had 10 years of work experience. May his superior be
liable? Yes for issuing a false certificate of service

ARTICLE 175 - USING FALSE CERTIFICATES


PREPARED BY: Dyann Kristi Catapang & Katheri Ann Charcos
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ARTICLE 176 - MANUFACTURING AND POSSESSION OF INSTRUMENTS OR IMPLEMENTS FOR FALSIFICATION

 Supposing a raid in the house of E. The raiding team confiscated an equipment used in the
making of falsified Philippine money. May E be liable for possession? No, there must be
intent to use.

ARTICLE 177 - USURPATION OF AUTHORITY

• In usurpation of authority, is it necessary to actually perform the duty? NO

 Supposing the accused was in a party and he wanted to impress a girl. He introduce yourself
as a PNP officer. May he be liable? YES.

 Supposing A went to a Chinese Store. He introduced himself as an agent from BIR when in
fact he was not. He claimed that he wanted to inspect the store’s book of accounts. What
crime is committed? Usurpation of Authority.

 What if the owner acceded and A was able to inspect the book of accounts. What is A’s
criminal liability? Usurpation of official function

 Supposing an MMDA traffic enforcer was suspended for 6 months. During his suspension, he
continued to wear his uniform and directed traffic in a major intersection. What crime may he
be liable for? Usurpation of official function

ARTICLE 178 - USING FICTITIOUS NAME AND CONCEALING TRUE NAME

 Supposing X told Y he is single so that he can court the latter. Y later discovered that X is
married. Liability? Is one’s status an essential part of his identity?

ARTICLE 179 - ILLEGAL USE OF UNIFORMS OR INSIGNIA

 Supposing a PNP officer who was dismissed from service wore his uniform and went to a
public function. May he be liable? Yes. He is no longer authorized to wear the uniform.

 Supposing P went to a whore house. He went to a room with many girls wearing different
uniforms including those of a nun, a nurse, a student, and a fire fighter. May the girls be
liable? Yes.

ARTICLE 180 - FALSE TESTIMONY AGAINST A DEFENDANT

 Supposing C falsely testified in a criminal case against his neighbor. Testimony was not given
credence. May he still be liable for Article 180? Yes. What the law punishes is the mere act of
giving false testimony in a case. Whether it is believed by the court or not is immaterial as it
has the tendency to degrade the administration of justice and mislead justice.
PREPARED BY: Dyann Kristi Catapang & Katheri Ann Charcos
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ARTICLE 181 - FALSE TESTIMONY FAVORABLE TO THE DEFENDANT

 Supposing M was a defendant in a criminal case. He falsely testified in court in his favor. May
he be prosecuted for false testimony in favorable to the defendant? Yes - while he has the
right to testify in his behalf, this right do not carry with it the right to testify falsely.

ARTICLE 182 - FALSE TESTIMONY IN CIVIL CASES

ARTICLE 183 - FALSE TESTIMONY IN OTHER CASES AND PERJURY IN SOLEMN AFFIRMATION

 Suppose a person died. The heirs cannot agree extrajudicially. In the course of the judicial
settlement, one of the heirs testified falsely. Is he liable? Yes. The judicial settlement is
neither a criminal nor civil case

 Supposing a guardianship proceeding is pending in court. In order that this be approved, X


testified falsely in his favor. Is a guardianship proceeding a civil case? No. It is a special
proceeding. What crime is he liable for? Perjury

 Supposing an employee files an illegal dismissal proceeding. He executed a false affidavit.


What crime may he be liable for? Perjury

• May perjury be committed thru negligence, imprudence? No. There must be a wilful and
deliberate assertion of falsehood

• Is good faith a defense? Yes. Assertion must be deliberate or intentional

 Supposing X needed to present driver’s license for his application. He executed an affidavit of
loss which stated that his license got lost when wallet was snatched. Truth is license was
confiscated for a traffic violation. What crime is he liable for? Perjury

• What is a material matter? It is the main fact which is the subject of the inquiry or any
circumstance which tends to prove that fact, or any fact or circumstance which tends to
corroborate or strengthen the testimony relative to the subject of inquiry, or which legitimately
affects the credit of any witness who testifies

 Supposing G and B applied for a marriage license. B stated in his application that he was
single when truth was married but legally separated from his ex-wife. Assuming the
application was sworn before an authorized officer. Is B liable for perjury? Yes. His status is
material matter

 What if B indicated that he is 30 years old when in truth he is 45 years old. Is he liable for
perjury? No, age is not a material matter since in either case B is still capacitated to contract
marriage.

PREPARED BY: Dyann Kristi Catapang & Katheri Ann Charcos


UPDATED BY: Katrina Ayn Ayza Cue, Louresse Patricia Jane Soriaso & Ezekiel Joshua Villena

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 What if B indicated that he is 21 years old when in truth he is only 17 years old. Is he liable
for perjury? Yes, age is a material matter because he doe not possess legal capacity to contract
marriage

 Supposing after finishing law, X applied to take the bar before the SC. He said he was never
convicted truth is he was previously convicted of theft. Is perjury committed? Yes, material
matter.

• Will a false statement of an opinion under oath make accused liable for perjury. No

 Supposing a woman was involved in case of immorality. In the course of investigation she
falsely testified under oath that she is single when in fact she was already married. Is she
liable for perjury? No. Not material matter. Status does not have a legal effect in immorality
charge

 Supposing H was courting his officemate, W. She suspects he is married and has a wife in the
province. H executes an affidavit under oath stating he is single but the truth is was already
married for five years. H gives it to W although she never asked him to submit such. May H
be liable for perjury? Yes. It is not necessary that the executed affidavit is required by law. It
is enough that it is authorized by law.

ARTICLE 184 - OFFERING FALSE TESTIMONY IN EVIDENCE

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RA 9165 DANGEROUS DRUGS ACT OF 2002

• Difference between Dangerous Drugs (DD) and Controlled Precursors and Essential
Chemicals (CP/EC)

• Punishable Acts:
1. Importation (DD and CP/EC)
 mere conspiracy or attempt is punishable
 persons liable: manager, organizer, financier, protector/coddler

2. Sale, Trading, Administration, Dispensation, Delivery, Distribution and


Transportation (DD and CP/EC)
 mere conspiracy or attempt is punishable
 persons liable: manager, organizer, financier, protector/coddler, broker
 Max Penalty:
-minors/mentally incapacitated persons used as couriers or
messengers;
-victim is minor/mentally incapacitated;
PREPARED BY: Dyann Kristi Catapang & Katheri Ann Charcos
UPDATED BY: Katrina Ayn Ayza Cue, Louresse Patricia Jane Soriaso & Ezekiel Joshua Villena

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-proximate cause of death is DD/CP/EC;
-committed w/in 100m from school

3. Maintenance of Den, Dive or Resort (DD and CP/EC)


 mere conspiracy or attempt is punishable
 persons liable: (same as 1)
Max Penalty:
-DD is sold/administered to minor
-proximate cause of death is DD
 Escheat (legal proceeding for forfeiture of private property in favour of the State)

4. Employment in and Visiting Den, Dive or Resort (DD and CP/EC)

5. Illegal Manufacture (DD and CP/EC)


 mere conspiracy or attempt is punishable
 persons liable: (same as 1)
 Presumption: presence of CP/EC or Lab Equipment is prima facie proof of
manufacture
 Max Penalty:
- committed w/ help of minors
- committed w/in 100m residential, business, school or church premises
- employment of alien, public officer, chemical engineer or practitioner
- lab is protected by booby traps
- lab is concealed w/ legitimate business operations

6. Illegal Chemical Diversion (CP/EC)

7. Manufacture/Delivery of Equipment, Instrument, Apparatus or other Paraphernalia


(DD and CP/EC)
 Max Penalty: minor/mentally incapacitated is used to deliver

8. Possession of Dangerous Drugs (DD)

9. Possession of Equipment, Instrument, etc. (DD)


 intended for consuming, ingesting, or introduction to the human body of
substance
 presumption: possession shall be prima facie evidence that possessor has
introduced into his body the DD and shall be presumed to have violated Section
15

10. Possession during Parties, Social Gatherings, Meetings or in the proximate company
of at least 2 Persons (DD)

11. Possession of Equipment, Instrument, etc. during Parties, Social Gatherings, etc. (DD)

PREPARED BY: Dyann Kristi Catapang & Katheri Ann Charcos


UPDATED BY: Katrina Ayn Ayza Cue, Louresse Patricia Jane Soriaso & Ezekiel Joshua Villena

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12. Use of Dangerous Drugs (Section 15)
 1st apprehension: 6 months rehabilitation
 2nd apprehension: 6 years and 1 day to 12 years
 Not applicable if offender is also found to have in his possession such quantity of
any drug; in such a case, provision of Section 11 shall apply
 Disqualified from Probation Law

13. Cultivation and Culture of Plants classified as Dangerous Drugs or Sources thereof
 mere conspiracy or attempt is punishable
 persons liable: same

14. Failure to Maintain or Keep Records of Transactions


(DD and CP/EC)
 Records of sales, dispositions, etc. of DD/CP/EC

15. Unnecessary Prescription (DD)

16. Unlawful Prescription (DD)

17. Misappropriation, Misapplication or Failure to Account


(DD and CP/EC)
 seized, confiscated, or surrendered DD, plants, equipment, proceeds and property
 become property of the State

18. Benefiting from Proceeds (DD)

19. Receiving Financial or Material Contributions from Persons found Guilty of


Trafficking Dangerous Drugs (DD)

20. Planting Evidence

21. Consenting or Knowingly Tolerating any Violation of DDA


 applies to public officers

22. Consenting or Tolerating Use of Vehicle or Equipment


 as an instrument for commission of violation of DDA

23. Violating Rules or Regulations Issued by DDB

24. Issuance of False or Fraudulent Dangerous Drugs Test Result

25. Violation of Confidentiality Rule


 voluntary submission program

26. Failure or Refusal to Appear as Witness for any Violation of DDA


PREPARED BY: Dyann Kristi Catapang & Katheri Ann Charcos
UPDATED BY: Katrina Ayn Ayza Cue, Louresse Patricia Jane Soriaso & Ezekiel Joshua Villena

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27. Delay or Bungling in the Prosecution of Drug Related Cases

Fundamental Concepts

 No Plea-bargaining Rule
- for any person charged with the violation of DDA under
any provision

 Non applicability of the Probation Law


- for drug pushers and drug traffickers

 Influence of Dangerous Drugs during commission of another crime


- qualifying aggravating circumstance (changes the nature
of the crime)

 Public Officials found guilty of violation of DDA


-Maximum Penalty is always imposed
-no amount of ordinary mitigating circumstance will offset
(lower) penalty

Immunity from Criminal Prosecution and Punishment


 does not refer to all provisions of the DDA

• Requirements:

1) Person violated Sections 7 (employment in den); 11 (Possession of DD);


12 (Possession of Paraphernalia); 14 (Possession of Paraphernalia during
parties); 15 (use of DD); and 19 (unlawful prescription)

2) He voluntarily gives information about any of the following violations:


Section 4 (Importation); 5 (Sale, etc.); 6 (Maintenance of Den); 8
(Manufacture); 10 (Manufacture of Equipment); 13 (Possession of DD
during Party); 16 (Cultivation or Culture); or any act if committed by a
syndicate

3) He willingly testifies against persons who violated above provisions

4) Information/testimony must comply with the ff conditions:


a) it is necessary for conviction
b) it is not yet in the possession of the State
c) it can be substantially corroborated on its material points
d) informant has not yet been convicted of a crime involving moral
turpitude except when no other evidence is available

PREPARED BY: Dyann Kristi Catapang & Katheri Ann Charcos


UPDATED BY: Katrina Ayn Ayza Cue, Louresse Patricia Jane Soriaso & Ezekiel Joshua Villena

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e) informant shall strictly comply with condition imposed by the
State
f) Informant does not appear to be the most guilty
g) No direct evidence available to state except testimony of informant

• Termination of Immunity

1) If information/testimony is false, malicious, or made only to harass or prejudice the accused


2) failure or refusal to testify w/o just cause
3) violation of condition of immunity

• Effects of Termination of Immunity


-immunity shall cease and informant shall be prosecuted for the
crime committed and cited for contempt

Submission of Drug Dependent to Confinement/Treatment or Rehabilitation


 refers only to use of DD under Section 15
 Drug dependent may either submit voluntarily or compulsorily

• Voluntary Submission

a) application with the DDB by drug dependent, parents, spouse or


any relative w/in 4th civil degree of consanguinity or affinity
b) DDB files petition in court
c) Court issues examination of drug dependent
d) If positive, court issues order for rehabilitation in a center: not less
than 6 months but not more than 1 year
e) Final discharge of drug dependent from the center
 discharge shall exempt him from criminal prosecution or liability under Section
15
 Provided: 1) he complied with regulations of the center, Board, and after-care and
follow-up treatment (at least 18 months); (2) he has never been charged or
convicted for any offense under the DDA, RPC, or any special law; 3) he has no
record of escape or if he has escaped, he surrenders within one week from date of
escape; and 4) he poses no danger to himself, to his family, or to the community.

* Drug dependent who is not rehabilitated after 2nd confinement and


upon recommendation of the Board shall be charged under Section 15; if convicted, he shall be
given full credit for his stay in confinement

* Judicial and medical records of drug dependents under VSP shall


be confidential and shall not be used against him for any purpose
except to determine how many times he has voluntarily submitted
himself for the program

PREPARED BY: Dyann Kristi Catapang & Katheri Ann Charcos


UPDATED BY: Katrina Ayn Ayza Cue, Louresse Patricia Jane Soriaso & Ezekiel Joshua Villena

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• Compulsory Submission

1) drug dependent who refuses to submit himself to VSP

a) petition is filed by DDB in RTC


b) RTC conducts a hearing
c) Order by the court for examination of drug dependent by at least 2 physicians
- if physicians conclude that he is not a drug dependent, DDB shall order his release
- if either physician finds him dependent on drugs, court will consider all other evidence
- if court finds him a drug dependent, court shall order his commitment

2) in the course of hearing a case, one of the parties is found to be a


drug dependent

a) person is charged w/ offense punishable by imprisonment of less than 6 years and 1 day and is
found by court to be a drug dependent
b) Board files petition in RTC for confinement in Center
c) Hearing is conducted by the court
d) If RTC finds him a drug dependent, it shall issue an order for commitment
e) If rehabilitated as certified, he shall be returned to the court for discharge from the center
f) Continuation of his prosecution; if found guilty, his commitment in Center shall be credited in
full
g) If he is prosecuted under Section 15, and is not a recidivist, penalty is deemed served in center
upon his release and upon certification by the Board and the center

* Period of prescription of offense charged shall be suspended while


he is confined in rehab

* Judicial and medical records of drug dependents under CSP or those


charged for violation of Section 15 shall be confidential and shall not be used against him for any
purpose; records of drug dependents who are not rehabilitated or who escaped and did not
surrender shall be forwarded to the court who shall determine their use

• Suspension of Sentence

 for first-time minor offenders above 15 years of age but not over 18 years

Conditions:
a) has not been previously convicted of violation of DDA, RPC, or
other special laws
b) has not been previously committed to a center or care of a DOH
accredited physician
c) Board favorably recommends suspension of sentence

 Republic Act 9344 supersedes the provisions of the DDA


PREPARED BY: Dyann Kristi Catapang & Katheri Ann Charcos
UPDATED BY: Katrina Ayn Ayza Cue, Louresse Patricia Jane Soriaso & Ezekiel Joshua Villena

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• 15 years and below: exempted from criminal liability; while not criminally liable, minor shall
be subjected to intervention programs

• above 15 and under 18: find out if minor acted w/ or w/o discernment

• reformed minor can deny that he was charged with a crime or convicted thereof (justified
misrepresentation; not liable for perjury or falsification)

* The DOJ shall keep a confidential record of proceedings on


suspension of sentence and shall not be used for any purpose other
than to determine whether or not person accused is a first-time
minor offender

• Disposition of Confiscated, Seized, or Surrendered DD, etc.

1) Physical inventory and photograph


-in presence of counsel of accused, representative from the
media, DOJ, and elected public official who shall sign a copy of
the inventory

2) Items submitted w/in 24 hours to PDEA Forensic Laboratory for qualitative and
quantitative examination

3) Certification of results w/in 24 hours


-if time is not sufficient, partial certification may be issued; full
certification w/in next 24 hours

4) Filing of criminal case in court

5) Ocular inspection by court w/in 72 hours from filing

6) Within next 24 hours, burning or destroying of items


-in presence of accused or his counsel, representative from the
media, DOJ, civil society, and any elected public official

7) Sworn certification of burning is issued by the Board

8) Submission to the court of certificate

9) After promulgation of judgment, the representative sample with leave of court (approval)
shall be turned over to the PDEA w/c shall destroy the same w/in 24 hours from receipt;
court is informed of termination of the case

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PREPARED BY: Dyann Kristi Catapang & Katheri Ann Charcos
UPDATED BY: Katrina Ayn Ayza Cue, Louresse Patricia Jane Soriaso & Ezekiel Joshua Villena

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PD 1602 – ANTI-GAMBLING LAW

• May the inspector be criminally liable? NO

• In any of the games specified, is it necessary that there be bets involving money or other
object?

• Sports; mere act of playing them, punishable? NO

• Conductor – person who manages or carries on the gambling game or scheme

• Maintainer – person who sets up and furnishes the means with which to carry on the gambling
game or scheme

 Supposing, you are the owner of a boat, and there is gambling going on, are you liable? It
depends, if you can prove that you have NO knowledge of such gambling taking place, NOT
liable, otherwise, you are liable.

 Supposing, in a certain mall, for every purchase worth P100, you will be entitled to a ticket
for a raffle, prize of which is MB, is it lottery?

• Do you get the full value of the money? YES


• Is the prize merely incidental? YES

ARTICLE 200 - GRAVE SCANDAL

• How committed?

 Supposing, the act was committed in the privacy of one’s room, is it grave scandal? NO,
because the 4th element is missing (that the act complained of be committed in a public place
or within the public knowledge or view)

ARTICLE 201 - IMMORAL DOCTRINES, OBSCENE PUBLICATIONS AND EXHIBITIONS AND INDECENT SHOWS

• Who are liable?

• TEST OF OBSCENITY – whether the tendency of the matter charged as obscene is to deprave
or corrupt those whose minds are open to such immoral influence and into whose hands such a
publication may fall, and whether or not such publication or act shocks the ordinary and
common sense of men as an indecency

PREPARED BY: Dyann Kristi Catapang & Katheri Ann Charcos


UPDATED BY: Katrina Ayn Ayza Cue, Louresse Patricia Jane Soriaso & Ezekiel Joshua Villena

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• TEST OF OBSCENITY OF NUDE PICTURES – whether the motive of the picture, as
indicated by it is pure or impure, or whether it is naturally calculated to excite impure
imaginations.

• MERE nudity in pictures or paintings is NOT obscenity

ARTICLE 202 - VAGRANTS AND PROSTITUTES

• Who are vagrants?

(1) Any person having no apparent means of subsistence, who has the physical ability to
work and who neglects to apply himself/herself to some lawful calling
- “batugan”

(2) Any person found loitering about public or semi-public buildings or places, or trampling
or wandering about the country or the streets without visible means of support

 Supposing, X is an able-bodied man, almost always seen in public places; means of


support is through his mother who is a laundrywoman, is he a vagrant? YES

 Supposing, the mother is employed, and can provide for the support of her son, is X still a
vagrant? YES

(3) Any idle or dissolute person who lodges in houses of ill-fame; ruffians or pimps, and
those who habitually associate with prostitutes

(4) Any person who, not being included in the provisions of other articles of this Code, shall
be found loitering in any inhabited or uninhabited place belonging to another without any
lawful or justifiable purpose

(5) Prostitutes

 May a woman who has been in the prostitution business for the last 20 years still remain
a virgin? YES, the definition of prostitutes – women who, for money or profit, habitually
indulge to sexual intercourse OR lascivious conduct

• A man cannot be a prostitute from the legal point of view, instead he is liable as a
principal by indispensible cooperation

 Supposing, a woman engages in sexual intercourse at least two times a week, and does
not ask her customers for money, is she a prostitute? NO

 Supposing, a woman engages in sexual intercourse once a year, and asks for money, is
she a prostitute? NO, there is no element of habituality

PREPARED BY: Dyann Kristi Catapang & Katheri Ann Charcos


UPDATED BY: Katrina Ayn Ayza Cue, Louresse Patricia Jane Soriaso & Ezekiel Joshua Villena

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 Supposing, it was done with only one man but regularly, is she a prostitute? YES

 Supposing, it was done with a man for 6 months, during those acts, the man did not pay
although he kept on promising to give her money. May the woman be considered a prostitute?
Yes.

• Is it necessary that money is actually received? No.

 Supposing for every sexual act, the woman was given jewellery, may she be considered as a
prostitute? Yes - the act was still done for profit

 Supposing a squad conducted a raid in a house in Binondo known to be a prostitution house;


raiders opened a cubicle and found a woman having sexual intercourse with a man. The squad
apprehended the woman. Is she liable? No – element of habituality was not established.

 Under the same facts, what if there was proof that the woman has been engaged in sexual
intercourse with different men for money or profit. Will she be liable? Yes. Will the man be
criminally liable? Yes – as principal by indispensable cooperation.

ARTICLE 203 WHO ARE PUBLIC OFFICERS

• Any person who, by direct provision of the law, popular election, or appointment by competent
authority, shall take part in the performance of public functions in the government of the
Philippines, or shall perform in said government or any of its branches, public duties as an
employee, agent, or subordinate official, of any rank or class.

 Supposing the City Government of Manila entered into a contract with XYX Corp. to
maintain the cleanliness of the city hall of Manila. The contract provided that the corp. would
deploy its men to clean the premises of the building. Are these people deployed by XYX
Corp. considered public officers? NO.

• Is their work a public function? Yes.

• Are they appointed by the city government itself? NO – which means they do not fall under
any of the 3 ways by which a person can be considered a public officer

ARTICLE 204 KNOWINGLY RENDERING UNJUST JUDGMENT

ARTICLE 205 JUDGMENT RENDERED THROUGH NEGLIGENCE

• Will any degree of negligence make the judge liable? No – the negligence must be inexcusable.

ARTICLE 206 UNJUST INTERLOCUTORY ORDER

ARTICLE 207 MALICIOUS DELAY IN THE ADMINISTRATION OF JUSTICE


PREPARED BY: Dyann Kristi Catapang & Katheri Ann Charcos
UPDATED BY: Katrina Ayn Ayza Cue, Louresse Patricia Jane Soriaso & Ezekiel Joshua Villena

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ARTICLE 208 PROSECUTION OF OFFENSES, NEGLIGENCE AND TOLERANCE

• Manner of Commission:
(1) maliciously refraining from instituting prosecution against violators of the law

• Who may commit? Public officer who has the duty to prosecute offender

• May this be committed negligently? No.

(2) maliciously tolerating the commission of offenses

 Supposing a smuggler, knowing that an illegal shipment will be unloaded, talked to a police
officer and told him not to assign any men in the area where the shipment would be unloaded
and where it would pass while being transported, to which the police agreed. May the police
officer be liable? Yes.

ARTICLE 209 - BETRAYAL OF TRUST BY AN ATTORNEY OR SOLICITOR

ARTICLE 210 - DIRECT BRIBERY

• Manner of Commission
(1) By agreeing to perform, or by performing, in consideration of any offer, promise, gift or
present an act constituting a crime, in connection with the performance of official duties.

• What consummates the crime? MERE AGREEMENT to give a gift, etc. and to do the act
(between the bribe-giver and the officer)

• Is it necessary that the officer actually receives the gift? NO

• Is it necessary that the act constituting the crime to be committed be actually done by the
officer? NO

 Supposing, the bribe-giver promised the officer a gift, but after he got what he wanted, he did
not give the give anymore, liable for direct bribery? YES

 Suppose in one case, there was an extensive cross-exam done by the opposing counsel; the
testimony of the witness for the prosecution came to a point that it was damaging the theory of
his own case and unless corrected, the prosecution would lose the case; the lawyer for the
prosecution asked the stenographer to change certain portions of the transcript, and he would
give him P50,000; he agreed that the changed transcript must be ready within a week; the
transcript was already available but before it could be given to the lawyer, he was arrested by
NBI agents. Liable? YES, because mere agreement is enough to constitute the crime of direct
bribery

PREPARED BY: Dyann Kristi Catapang & Katheri Ann Charcos


UPDATED BY: Katrina Ayn Ayza Cue, Louresse Patricia Jane Soriaso & Ezekiel Joshua Villena

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 What if the stenographer actually changed the transcript and handed it to the lawyer but the
latter had no enough cash and just said he’d be coming back. May the stenographer be
criminally liable? What crime/s? Yes. The stenographer is liable for direct bribery and
falsification.

 What if the lawyer never came back? Is the stenographer still liable? YES

 What if the lawyer came back and gave a check which was later dishonored for lack of funds.
Still liable? Yes.

 Supposing X approached a judge and told him that if he could render a decision favorable to
him (X), he will give him two nights with a sexy dancer of his choice; the decision was
rendered in favor of X but he was not able to produce the promised dancers. May the judge be
liable? IT DEPENDS – if during trial, there is insufficient evidence from X but the decision
was still rendered in his favor, the judge may be liable for unjust judgment under Article 204.

(2) By accepting a gift in consideration of the execution of an act, which does not constitute a
crime, in connection with the performance of his official duty.

• What consummates the crime? Acceptance – mere agreement to accept the bribe does not
constitute a crime

 Supposing X, who was frustrated by the long line in getting his driver’s license, gave one of
the employees of LTO P500 pesos to allow him to get ahead of the line. The LTO employee
accepted the amount but just the same, he did not allow X to get ahead of the others. May the
LTO employee still be liable for direct bribery? YES – the bribe was already accepted

 What if X merely promised to give the LTO employee P500. The employee agreed. X was
able to get ahead in the line and his license was released. It turns out that X does not have the
money. He told the LTO employee that he would just return to pay him but he never did. Is
the LTO employee liable? No.

(3) By agreeing to refrain, or by refraining from doing something which it its his official duty
to do, in consideration of a gift or promise.

• What consummates the crime? Mere Agreement.

 Supposing A was applying for a driver’s license and he was supposed to take a written exam.
He placed money in the drawer of the examiner so the latter agreed to take the exam for A. Is
the examiner liable? YES.

 What if A passed the written exams but he had to wait for the results before taking the
practical exam. He did not want to wait so he dropped P1000 in the examiner’s drawer. The
latter immediately told A to proceed to the practical exam. Liable? YES.

PREPARED BY: Dyann Kristi Catapang & Katheri Ann Charcos


UPDATED BY: Katrina Ayn Ayza Cue, Louresse Patricia Jane Soriaso & Ezekiel Joshua Villena

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 Supposing a smuggler talked to the chief of police at the time the ship will be unloading his
illegal goods. He told the chief that he will give him a large amount of money if he will
refrain from deploying his men at the pier. The chief agreed and did not deploy his men. Is
the chief of police liable for direct bribery? YES – under the first manner of commission;
refraining from deploying his men is already a crime in itself (Article 208 dereliction of duty)

• Who else may be liable for direct bribery?


(a) private persons who conspire with the officers
(b) accessories and accomplices
(c) principal by indispensable cooperation
* No principal by inducement – they fall under Article 212 corruption of public officials

ARTICLE 211 - INDIRECT BRIBERY

 Supposing X is the owner of a taxi company and he gave a car to the newly appointed LTFRB
chairman. The chairman accepted. Is he liable? YES.

• When a public officer is prosecuted for either direct bribery or indirect bribery, may he
likewise be prosecuted for violation of RA 3019? YES.

ARTICLE 211 - A QUALIFIED BRIBERY

ARTICLE 212 - CORRUPTION OF PUBLIC OFFICIALS

PD 749 - GRANTING IMMUNITY TO GIVER OF BRIBE

• Conditions for grant of immunity to a witness:


(1) his testimony must refer to consummated violations
(2) his testimony must be necessary for the conviction of the accused
(3) his testimony must not yet be in the possession of the state
(4) his testimony may be corroborated on its material points
(5) witness has not been convicted of a crime involving moral turpitude

 Supposing a witness testified against a public officer and availed of this immunity. After
doing so, he refused to continue testifying. What is the legal effect? Immunity will no longer
attach. May the witness be included in the information and be prosecuted? YES.

 Supposing he testified but the testimony was false. Legal effect? Immunity will not attach;
witness may be prosecuted

 What if he testified but the court disregarded his testimony and acquitted the officer, is the
witness still immune? No – the testimony must be necessary for conviction.

ARTICLE 213 - FRAUDS AGAINST THE PUBLIC TREASURY AND SIMILAR OFFENSES

PREPARED BY: Dyann Kristi Catapang & Katheri Ann Charcos


UPDATED BY: Katrina Ayn Ayza Cue, Louresse Patricia Jane Soriaso & Ezekiel Joshua Villena

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• Manner of Commission:

(1) by entering into an agreement with any interested party or speculator or making use of
any other scheme to defraud the government, in dealing with any person with regard to
furnishing supplies, the making of contracts, or the adjustment or settlement of
accounts relating to public property or funds

 Supposing the DOH appropriated P100M for medicine to be distributed; instead of the
medicine specified, in connivance with the officer, the manufacturer distributed only medicine
of inferior quality. Liable? YES.

 Supposing a contract was executed between DPWH and a private contractor; DPWH
purchased 100 trucks of gravel, 200 trucks of sand, and 5000 bags of cement. DPWH paid the
contractor the corresponding amount for the materials but in connivance with the officer, the
contractor delivered only 10 trucks of gravel, 10 trucks of sand, and 1000 bags of cement.
Liable? YES. Liable for violation of RA 3019? YES.

(2) by demanding, directly or indirectly, the payment of sums different from or larger than
those authorized by law in the collection of taxes, licenses, fees, and other imposts

 Supposing an official asked a Chinese merchant to pay for P700 thousand delinquency taxes
when in fact only P500 thousand is to be paid. Liable? YES – demanded a larger sum than that
authorized by law

 What if he asked for the payment of only P200 thousand. Still liable? YES – demanded
payment different from that authorized by law

(3) by failing voluntarily to issue a receipt, as provided by law, for any sum of money
collected by him officially, in the collection of taxes, licenses, fees, and other imposts

(4) by collecting or receiving, directly or indirectly, by way of payment or otherwise, things


or objects of a nature different from that provided by law, in the collection of taxes,
licenses. Fees, and other imposts

ARTICLE 214 - OTHER FRAUDS

ARTICLE 215 - PROHIBITED TRANSACTIONS

 Supposing an RTC judge, whose jurisdiction is the national capital judicial region, purchased
stocks in Ortigas. Liable? YES.

 What if the RTC judge purchased stocks in Cebu. Liable? No.

ARTICLE 216 - PROHIBITED INTEREST

PREPARED BY: Dyann Kristi Catapang & Katheri Ann Charcos


UPDATED BY: Katrina Ayn Ayza Cue, Louresse Patricia Jane Soriaso & Ezekiel Joshua Villena

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 Supposing a minor was hospitalized and his guardian had to sell some of the properties. With
the approval of the court, the guardian sold a property to a company where he is a majority
stockholder. Liable? YES.

 Supposing the regional director of the DENR had to approve logging concessions. An
application by a company where his wife is a majority stockholder was approved. Liable?
YES – there is indirect benefit

 What if there was a pre-nuptial agreement between them, still liable? Not anymore.

ARTICLE 217 - MALVERSATION

• Who may commit? Public officers


• Any public officer? No.
• Is it enough that he has the physical charge of the fund or property to be held liable? No – he
must be an accountable public officer

 Supposing the Director of Manila Zoo has a zoo caretaker who works for him. The latter sold
the animals in the zoo. Is the caretaker liable for malversation? No – he only has qualified
charge over the animals. In this case, the Director of the Manila Zoo is the accountable
officer.

 Supposing a van was ordered confiscated for having been used in the commission of a certain
crime. However, the custodian sold the car. Is he liable for malversation? YES – the car has
become public property already.

 Supposing the car was used in the transporting of shabu. Upon conviction of the accused, the
car was forfeited. The PDEA chair sold the car. What crime may he be liable for? Violation of
the Dangerous Drugs Act

 Supposing heroin was confiscated; PDEA agents sold the prohibited drug to other. Crime?
Violation of Dangerous Drugs Act.

 Supposing a SWAT member was given a modern assault rifle to be used in the performance
of his job. He committed irregularities, for which he was dismissed. He was ordered to return
the rifle but he refused and instead sold it. What crime may he be liable for? Malversation –
even though he has been dismissed, he is still considered an accountable officer.

 The property custodian of DPWH for the construction of roads let the equipment and
materials idle. As a consequence of which, the residents got hold of the same. What crime
may the property custodian be liable for? Malversation through negligence/abandonment

PREPARED BY: Dyann Kristi Catapang & Katheri Ann Charcos


UPDATED BY: Katrina Ayn Ayza Cue, Louresse Patricia Jane Soriaso & Ezekiel Joshua Villena

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 Supposing there was a demand made to an accountable public officer to pay within 10 days;
10 days had lapsed but he still failed to account for the shortage. Liable? YES – the
presumption applies

 What if there has been a criminal case filed against the officer; thereafter, he returned the
amount he misappropriated. Still liable? YES, but the return mitigates the liability (criminal
liability attaches the moment all the elements are present and cannot be extinguished by the
return of the malversed money, which is not one of the grounds for extinguishment of
criminal liability provided for under Article 89)

ARTICLE 218 - FAILURE OF ACCOUNTABLE OFFICER TO RENDER ACCOUNTS

• Is demand necessary? No – as long as there is a law requiring the officer to render accounts

ARTICLE 219 - FAILURE OF A RESPONSIBLE PUBLIC OFFICER TO RENDER ACCOUNTS BEFORE LEAVING
THE COUNTRY

ARTICLE 220 - ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY

 What constitutes the crime of technical malversation? The fact that the officer applies the
public funds or property to a public use other than that for which such fund or property has
been appropriated by law or ordinance

ARTICLE 221 - FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS OR PROPERTY

 Supposing the AFP issued a check to a supplier but the disbursing officer refused to deliver
the check. Liable? YES – under the first manner (failing to make payment by a public officer
who is under obligation to make such payment from the government funds in his possession)

ARTICLE 222 - OFFICERS INCLUDED IN THE PRECEDING PROVISIONS

ARTICLE 223 - CONNIVING WITH OR CONSENTING TO EVASION

 Supposing there is a prisoner who requested if he could go home sine his house is just near the
jail. The officer consented. Is the officer liable? YES.

ARTICLE 224 - EVASION THROUGH NEGLIGENCE

ARTICLE 225 - ESCAPE OF PRISONER UNDER THE CUSTODY OF A PERSON NOT A PUBLIC OFFICER

ARTICLE 226 - REMOVAL, CONCEALMENT, OR DESTRUCTION OF DOCUMENTS

• The removal should be for an illicit purpose

PREPARED BY: Dyann Kristi Catapang & Katheri Ann Charcos


UPDATED BY: Katrina Ayn Ayza Cue, Louresse Patricia Jane Soriaso & Ezekiel Joshua Villena

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 Supposing the building where the RTC is, is leaking. The stenographer removes the
papers/documents to save them. Is he liable? No.

• In concealment and destruction, the mere act of it is punishable; lack of illicit purpose or illegal
motive is not a valid defense

 Supposing there are several blank application forms in the DPWH office. One day, a
personnel set it on fire. Is he liable for infidelity? No – forms are not documents

 Supposing during trial, prosecution presented P100 thousand which were used in an
entrapment operation. It was kept as evidence. One day, the clerk ran out of cash so he got
P20 thousand from the exhibit. What crime may he be liable for? Infidelity of documents. The
money bills partake the nature of a document which was used to prove the fact of the
entrapment and bribery (not to be used for disbursing).

ARTICLE 227 - OFFICER BREAKING SEAL

ARTICLE 228 - OPENING OF CLOSED DOCUMENTS

ARTICLE 229 - REVELATION OF SECRETS BY AN OFFICER

ARTICLE 230 - PUBLIC OFFICER REVEALING SECRETS OF PRIVATE INDIVIDUALS

 Supposing an employee of the BIR disclosed your income to another employee. Is he liable?
YES – a person’s income is his secret

ARTICLE 231 - OPEN DISOBEDIENCE

ARTICLE 232 - DISOBEDIENCE TO ORDER OF SUPERIOR OFFICER, WHEN SAID ORDER WAS SUSPENDED
BY INFERIOR OFFICER

ARTICLE 233 - REFUSAL OF ASSISTANCE

 Suppose there was no demand, may the officer to whom the assistance was expected be liable
for refusal? NO – Demand must be made; it is necessary because without demand, there can
be no refusal

ARTICLE 234 - REFUSAL TO DISCHARGE ELECTIVE OFFICE

ARTICLE 235 - MALTREATMENT OF PRISONERS

• Who are the prisoners contemplated? Prisoners (by final judgment) and detention prisoners

• May it be committed by any public officer? NO – only those who have direct charge of the
prisoners or detention prisoners
PREPARED BY: Dyann Kristi Catapang & Katheri Ann Charcos
UPDATED BY: Katrina Ayn Ayza Cue, Louresse Patricia Jane Soriaso & Ezekiel Joshua Villena

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• Manner of Commission:

(1) by overdoing himself in the correction and handling of a prisoner or detention prisoner
under his charge either (a) by imposition of punishments no authorized by the regulations, or
(b) by inflicting such punishments in a cruel humiliating manner

 Supposing a detention prisoner was being suspected of having been involved in kidnapping;
one of the policemen inflicted injuries and the detention prisoner suffered mortal wounds,
which might have caused his death were it not for the timely medical assistance. What crime/s
may the police officer be liable for? Maltreatment of prisoners and frustrated homicide. The
offenses are to be treated as separate crimes by virtue of the provision which states “in
addition to any other liability for physical injuries or damage caused…”

(2) by maltreating such prisoner t extort a confession or to obtain some information from the
prisoner

ARTICLE 236 - ANTICIPATION OF DUTIES OF A PUBLIC OFFICE

ARTICLE 237 - PROLONGING PERFORMANCE OF DUTIES AND POWERS

ARTICLE 238 - ABANDONMENT OF OFFICE OR POSITION

ARTICLE 239 - USURPATION OF LEGISLATIVE POWERS

ARTICLE 240 - USURPATION OF EXECUTIVE FUNCTIONS

ARTICLE 241 - USURPATION OF JUDICIAL FUNCTIONS

ARTICLE 242 - DISOBEYING REQUEST FOR DISQUALIFICATION

ARTICLE 243 - ORDERS OR REQUESTS BY EXECUTIVE OFFICERS TO ANY JUDICIAL AUTHORITY

• What is the purpose of this provision? To prevent executive officers from influencing judicial
authorities

 Supposing the Deputy Executive Secretary has a connection with a strong political leader who
has a pending case before a judge. The Deputy Sec. prepares a letter addressed to the judge,
which states that any legal assistance given to the political leader will be appreciated. Is the
Deputy Sec. liable? NO. There was no order, no suggestion, to the judge on what to do.

ARTICLE 244 - UNLAWFUL APPOINTMENTS

ARTICLE 245 - ABUSES AGAINST CHASTITY

PREPARED BY: Dyann Kristi Catapang & Katheri Ann Charcos


UPDATED BY: Katrina Ayn Ayza Cue, Louresse Patricia Jane Soriaso & Ezekiel Joshua Villena

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• Against who may it committed? Women only.

 Supposing a female public officer made advances to a male prisoner. May she be liable?
Under the RPC, she may not be liable but she may be held liable for violation of the Anti-graft
and Corrupt Practices Act.

 Supposing a judge said that he will render a decision in favor of a woman with a pending case
before her provided that she would be his sweetheart. Liable? NO – the proposal is neither
indecent nor immoral (even if the judge is married)

• The term “wife” in the third manner is misplaced. The third manner is in reference to the
second manner of commission. A woman in custody cannot have a “wife.”

 Supposing a judge invites a woman interested with a pending case before him, talk to him in a
motel. Is he liable? No. The invitation is neither indecent nor immoral. The invitation is
merely for them to talk.

 Supposing, under the same facts, he invites her to be his “lover.” The public officer is already
married. Is he liable? No. loving is neither immoral nor indecent.

 Supposing a warden and a woman detainee, both single, fall in love and have a relationship,
which resulted in the latter’s pregnancy. Is warden liable? YES. Sexual intercourse outside of
marriage is immoral.

ARTICLE 246 - PARRICIDE

• Who may be the offended party? Legitimate or illegitimate father, mother or child; legitimate
other ascendant or other descendant; legitimate spouse

 Supposing an illegitimate grandson killed his grandfather. Crime committed? Murder or


homicide, as the case may be

• Spouses include those with defective or flawed marriages. Presumption of validity of marriage
applies until it is terminated by final judicial declaration.

 Supposing H and W were married; at the time of their marriage. W was a minor whose
consent was obtained through force. After three years, W killed H. What crime did W
commit? Parricide. There is a presumption of validity of marriage.

 H and W, both Filipinos, were married in Hong Kong without a valid marriage license. When
they went home to the Philippines, W killed H. What crime may W be liable for? Parricide.

 W filed a case for the declaration of nullity of her marriage to H. Judgment was rendered but
H appealed the case. While appeal was pending, W killed H. Crime committed? Parricide.

PREPARED BY: Dyann Kristi Catapang & Katheri Ann Charcos


UPDATED BY: Katrina Ayn Ayza Cue, Louresse Patricia Jane Soriaso & Ezekiel Joshua Villena

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 Supposing the judgment has already become final when W killed H. Crime? Homicide or
murder, as the case may be.

ARTICLE 247 - DEATH OR PHYSICAL INJURIES INFLICTED UNDER EXCEPTIONAL CIRCUMSTANCES

 Supposing H surprised W in the act of intercourse with another man. H fired his gun at the
two of them; W was hit but according to the doctor, the injuries W sustained were only less
serious ones. Liable? No.

• When should the killing or the infliction of injuries take place? In the act or immediately
thereafter.

 When H came home one night, he saw a man, wearing only underwear, jump out of the
window of H’s room. Convinced that the man has had sexual intercourse his wife, H ran after
him and kills him. Can he avail of the benefits of Article 243? NO – killing should be
committed after having one’s spouse in the act of sexual intercourse with another.

 H saw W and her paramour both naked; H shot them. Can he avail of the benefits of Article
243? No. He did not see them in the act of sexual intercourse.

 H saw W naked with P; both were doing lascivious acts preparatory to the intercourse; H shot
them both. May H avail of the benefits under Article 234? No.

• What does “immediately thereafter mean”? The discovery, the escape, the pursuit, and the
killing should all form part of a single act; there should be no interruption

 Supposing H already has a suspicion of W’s infidelity so he told her that he was going to the
province for a week when in fact, he was not. H left home, waited for an hour and returned. H
then saw W and P in the act of intercourse. H went to the kitchen to look for a knife but he
couldn’t find any; he remembered that he has a revolver in the neighbor’s house so he went
there. When he got his gun, P was already playing billiards at a nearby place. H shot P dead.
Is H entitled to benefits? YES. The death of P is still the proximate result of the outrage of H,
who caught him having sexual intercourse with his wife.

 H surprised W in the act with P; H shot P and the bullet also hit the houseboy who was
peeping through a slightly opened window. May H be held liable for the injuries sustained by
or even the death of the houseboy? YES. Article 247 is still a felony because it provides a
penalty. As such, H is liable for the direct, natural, and logical consequences of his act
pursuant to Article 4 of the RPC.

ARTICLE 248 - MURDER

• In the absence of qualified aggravating circumstance (QAC), how would you classify the
killing of a person? Homicide.
PREPARED BY: Dyann Kristi Catapang & Katheri Ann Charcos
UPDATED BY: Katrina Ayn Ayza Cue, Louresse Patricia Jane Soriaso & Ezekiel Joshua Villena

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 Supposing only a generic aggravating circumstance (GAC) is present, how would you classify
the killing of a person? Homicide.

• Qualified Aggravating Circumstance v. Generic Aggravating Circumstance


(1) QAC – cannot be offset by any mitigating circumstance
GAC – may be offset by an ordinary mitigating circumstance
(2) QAC – changes the nature of the crime
GAC – does not change the nature of the crime; only increases the penalty by period
(3) QAC - must be alleged in the information
GAC – need not be alleged as long as it is proven during the trial

• If a QAC is not alleged but the prosecution introduced a witness or presented evidence proving
the existence of such QAC to which the defense counsel did not object, and such QAC was
actually proven, it still does not change the nature of the crime but only increases the penalty.

• If a person was killed and the accused was under the influence of liquor, what crime may he be
liable for? Homicide. Intoxication is an alternative circumstance.

• What if the accused was under the influence of a prohibited drug, what crime may he be liable
for? Murder – influence of drugs in the commission of a crime is considered a QAC under
Section 25 of the Dangerous Drugs Act.

ARTICLE 249 - HOMICIDE

ARTICLE 250 - PENALTY FOR FRUSTRATED PARRICIDE, MURDER OR HOMICIDE

ARTICLE 251 - DEATH CAUSED IN A TUMULTUOUS AFFRAY

 Supposing the person who gave the fatal blow was identified, what crime is committed?
Homicide or murder, as the case may be; the situation is no longer contemplated under Article
251.

ARTICLE 252 - PHYSICAL INJURIES INFLICTED IN A TUMULTUOUS AFFRAY

 Supposing the person who inflicted the physical injuries can be identified, what crime may he
be liable for? Physical injuries, depending on the nature of the injuries inflicted.

ARTICLE 253 - GIVING ASSISTANCE TO SUICIDE

ARTICLE 254 - DISCHARGE OF FIREARMS

 Supposing the accused aimed his gun at the house of his neighbor, is he liable for discharge of
firearms? No, he is only liable for alarms and scandals.

PREPARED BY: Dyann Kristi Catapang & Katheri Ann Charcos


UPDATED BY: Katrina Ayn Ayza Cue, Louresse Patricia Jane Soriaso & Ezekiel Joshua Villena

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 Supposing C aimed his gun at A, but at the time it was discharged , it was no longer aimed t
A. Crime committed? Illegal discharge.

ARTICLE 255 - INFANTICIDE

 Supposing a stranger killed a two-day old child with the use of poison. Crime? Infanticide.

 Supposing a mother killed her two-day old child. Crime? Infanticide

ARTICLE 256 - INTENTIONAL ABORTION

ARTICLE 257 - UNINTENTIONAL ABORTION

• May there be a crime of unintentional abortion through reckless imprudence? No. The violence
exerted against the pregnant woman must be intentional.

 Supposing a jeepney driver who was driving recklessly, hit a pregnant woman. The impact
threw the woman several meters away, as a result of which, she suffered an abortion. Crime?
At most, physical injuries. The violence exerted was not intended.

ARTICLE 258 - ABORTION PRACTICED BY THE WOMAN HERSELF OR BY HER PARENTS

• Any mitigating circumstance? YES, if the purpose was to conceal dishonor; only the pregnant
woman is entitled to avail of such mitigating circumstance.

ARTICLE 259 - ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE AND DISPENSING OF ABORTIVES

ARTICLE 260 - RESPONSIBILITY OF PARTICIPANTS IN A DUEL

 Supposing in the course of the duel, no one was injured or harmed, may the combatants still
be liable? YES, under the third manner .of commission of duel: by making a combat although
no physical injuries have been inflicted.

 What if one of the combatants was seriously injured but survived, may he still be liable for
duel? YES.

ARTICLE 261 - CHALLENGING TO A DUEL

ARTICLE 262 - MUTILATION

• As distinguished from physical injuries, in mutilation, there is an intention to deprive the


offended party of the use of any part his body

PREPARED BY: Dyann Kristi Catapang & Katheri Ann Charcos


UPDATED BY: Katrina Ayn Ayza Cue, Louresse Patricia Jane Soriaso & Ezekiel Joshua Villena

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• Differentiate mutilation from attempted/frustrated parricide, infanticide, homicide or murder.
In the mutilation, there is merely an intent to deprive the offended party of the use of any part
of his body; in PMHI, there is an intent to kill

ARTICLE 263 - SERIOUS PHYSICAL INJURIES

• Manner of commission:
(1) by wounding
(2) by beating
(3) by assaulting
(4) by administering injurious substance (Art. 264)

• Differentiate SPI from frustrated parricide, infanticide, homicide or murder. In SPI, while the
injury inflicted may be mortal or sufficient to cause the death of a person, if there is no
intention to kill, the crime will remain SPL; in frustrated PMHI, there is an intent to kill

ARTICLE 264 - ADMINISTERING INJURIOUS SUBSTANCES OR BEVERAGES

ARTICLE 265 - LESS SERIOUS PHYSICAL INJURIES

ARTICLE 266 - SLIGHT PHYSICAL INJURIES AND MALTREATMENT

RA 9262 - ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT

• Define sexual, psychological, physical, and economic abuse.

• Define stalking.

• Define Battered Woman Syndrome. Does it have the same effect as a justifying circumstance?

• Who are the women protected by the law?

 Supposing the offender and the woman were only phone pals and had never met each other in
person. May the man be liable under this law? No. They victim and offender did not have a
“dating relationship.”

 Supposing that the victim was a prostitute who had sexual intercourse with the offender for
the first time. May the offender be liable under the law? YES. There is sexual relationship
between them.

RA Anti-Hazing Law

• What is hazing? How is it committed?

• Who are the persons liable and what are their liabilities?
PREPARED BY: Dyann Kristi Catapang & Katheri Ann Charcos
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• Which physical, mental, and psychological tests or training of the AFP, PNP, PMA, and CAT
are not considered as hazing? Those approved by the NAPOLCOM and Secretary of National
Defense.

• What physical injuries are contemplated under this statute? Those enumerated under the RPC
(serious, less serious and slight physical injuries). Abortion is not included.

ARTICLE 266-A TO 266-D RAPE

• How is rape classified? As a public crime. (rape can be prosecuted de officio, w/c means
authorities can initiate the filing of the complaint)

• Manner of commission:
(1) sexual act (carnal knowledge of a woman by a man)

• Is it sufficient that a man has carnal knowledge of a woman? NO – it must be accompanied or


attended by any of the circumstances enumerated

• May a woman be criminally liable for rape under the first manner?
- As principal by inducement? YES.
- As principal by indispensable cooperation? YES.
- As principal by direct participation? YES. ONLY if there is conspiracy
- As an accomplice or accessory? YES.

• Attendant circumstances:
(a) through force, threat or intimidation

• Is it necessary for the crime to be consummated that there be full penetration? No – partial is
sufficient

• In the event that force was used, what degree of resistance must be put up by the offended
party? Same as if she was defending her life

 Supposing the woman did not offer any resistance; she was simply reluctant. Is the man
liable? No.

(b) when the offended party is deprived of reason or is otherwise unconscious

 Supposing the offended party was asleep. When she woke up, she saw a man on top of her
and she just let him be. Is the man still liable? It depends. If there was already penetration
before she woke up, the man would be liable since the woman’s resistance is unnecessary
considering the crime had already been consummated; if there was no penetration yet and the
woman did not resist, there is no rape.

PREPARED BY: Dyann Kristi Catapang & Katheri Ann Charcos


UPDATED BY: Katrina Ayn Ayza Cue, Louresse Patricia Jane Soriaso & Ezekiel Joshua Villena

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 Supposing a tablet, which has the effect of arousing a woman sexually, was secretly dropped
by a man into his date’s drink. After the effect kicks in, he invites her to his place and has
sexual intercourse with her. Is he liable? No. There were no attendant circumstances present.
The woman was simply made to loosen her inhibitions

(c) by means of fraudulent machination or grave abuse of authority

• Is it necessary that there be force, threat, or intimidation? No.

• May the offender still be liable even if there is consent of the woman? YES.

• Fraudulent machinations include promise to marriage in order to secure a woman’s consent to


sexual intercourse

 Supposing through a promise of marriage, A agreed to have sexual intercourse with her
boyfriend; but when she became pregnant, he disappeared. Crime committed? Rape.

 Supposing a man had sexual intercourse with the daughter of his common-law wife. The girl
is 19 years old. Is he liable? YES. There is grave abuse of authority. Also applies to professor
having sexual intercourse with student, guardian with ward, adopting father with his adopted
daughter.

(d) when the offended party is under 12 years old or is demented

• If victim is a minor, the charge of rape is always accompanied by violation of R. A. 7610

 Supposing a girl worked as a prostitute who agreed to have sexual intercourse with the
accused in exchange for a certain amount of money. She was 11 years, 11months, and 29 days
old at the time of the commission of the offense. May the accused be held liable for rape?
YES – regardless of the consent of the offended party, sexual intercourse with a child under
12 years old is always rape.

(2) sexual assault

• How committed? By inserting one’s penis into another’s mouth or anal orifice or by inserting
any instrument or object into the genital or anal orifice of another person; both must be
attended by any of the circumstances enumerated in the first manner

• May the offended party be male? YES.

 Supposing in a rape case, there is one principal by direct participation and 2 principals by
indispensable cooperation. The principal by direct participation marries the victim. Who
benefits from the pardon provided by the law? The principal by direct participation. Does the
pardon extend to his co-accused? R. A. 8353 is silent. There is no official interpretation by the
Supreme Court.
PREPARED BY: Dyann Kristi Catapang & Katheri Ann Charcos
UPDATED BY: Katrina Ayn Ayza Cue, Louresse Patricia Jane Soriaso & Ezekiel Joshua Villena

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ARTICLE 267 - KIDNAPPING AND SERIOUS ILLEGAL DETENTION

• Is it necessary that there be physical deprivation of liberty for a person to be considered


detained? No.

 Supposing a person was detained in a building; he was free to roam around but offenders did
not allow him to go out of the building’s premises. Detention? YES.

 Supposing he was allowed to go out but he chose to stay inside the building for security
purposes. Detention? No.

• Attendant circumstances:
(a) if the detention lasts for more than three days

 Supposing the offended party is detained for only one day but is a minor. Kidnapping? YES –
this would fall under the 4th circumstance

 Supposing the offended party is 45 years old and is a barangay tanod. He was detained for two
days. Kidnapping? YES – this would fall under the 4th circumstance

(b) when the detention is committed by simulating public authority

(c)when serious physical injuries are inflicted or threats to kill offended party are made

 Supposing the infliction of physical injuries was only incidental, may offenders still be liable?
YES – the law does not make distinction as to whether the injuries were inflicted intentionally
or accidentally.

(d) when the victim is a minor, a female, or a public officer

• Kidnapping for ransom


- What does ransom mean? Ransom is money, price or consideration paid or demanded for
redemption of a captured person or persons; a payment that releases one from captivity

 Supposing A was courting B, female friend, but she neglected his proposals. A kidnapped B’s
sister; the condition for her release was for B to agree to become A’s girlfriend. B agreed and
A released her sister. What crime did A commit? Kidnapping for ransom
 Is the crime of grave threats absorbed in kidnapping? YES.

 Supposing A owes X P50,000; A cannot pay so X kidnapped his mother and would only
release her if A pays his debt. What crime may X be liable for? Kidnapping for ransom.
Notwithstanding the fact that the amount asked of is legally due to X? YES.

PREPARED BY: Dyann Kristi Catapang & Katheri Ann Charcos


UPDATED BY: Katrina Ayn Ayza Cue, Louresse Patricia Jane Soriaso & Ezekiel Joshua Villena

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 A borrowed a car from X but refused to return it so X kidnapped A’s brother; the car was
returned and the brother was released. What crime did X commit? Kidnapping for ransom -
the car was considered ransom.

 Supposing A kidnapped X and brought him to Cavite. On the same night, A was killed. Crime
committed? Murder – there was no indication of A’s intention to detain X. kidnapping was
only incidental.

 Supposing X was kidnapped and was brought to Laguna. Ransom was demanded but not
forthcoming so X was killed. Crime committed? Special complex crime of kidnapping with
homicide

ARTICLE 269 - UNLAWFUL ARREST

 Supposing A saw B in the act of committing theft so he arrested B. A kept him for 2-3 hours
after which, he brought B to the proper authorities. Is a liable? No - the arrest falls under valid
warrantless arrests

 Supposing a police officer has been suspecting that his houseboy has been stealing the
jewellery of his wife so he took the houseboy into custody and brought him to the municipal
hall for proper action. Liable? YES but for the crime of arbitrary detention since the offender
is a public officer.

 What if there was already an order for the suspension of the police officer at the time he
arrested his houseboy. Still liable? YES, this time for unlawful arrest.

 Supposing X suspected that his maid has been taking the jewellery of his mother so X took his
maid to the police. Liable? YES. There is only mere suspicion. Arrest is not a valid
warrantless arrest.

ARTICLE 270 - KIDNAPPING AND FAILURE TO RETURN A MINOR

• May the parents be criminally liable for this crime? YES, if they are separated and one of them
fails to return the child to the other’s custody

 Supposing H and W were legally separated; custody of the child from Monday-Friday is with
W while it was with H during the weekends. One weekend, H brought the child to the
province, and after five days, they still had not returned. Is H liable? YES.

 Supposing in a judicial proceeding, the mother was deprived of the custody of her children
which was granted to the DSWD. The mother took her children and did not allow DSWD to
take them. Liable?

ARTICLE 271 - INDUCING A MINOR TO ABANDON HIS HOME

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 Supposing the accused assembled some minors in the province and told them about Manila.
The minors were mesmerized by his stories of the life in the city. That evening, when the
accused was about to leave for Manila, he saw three minors who wanted to go with him. He
took them with him to Manila. Liable? No.

 Supposing the accused persuaded the minors to go with him to Manila with the promise of
giving them lucrative jobs. The minors went with the accused. Liable? YES.

ARTICLE 272 - SLAVERY

ARTICLE 273 - EXPLOITATION OF CHILD LABOR

ARTICLE 274 - SERVICES RENDERED UNDER COMPULSION IN PAYMENT OF DEBT

ARTICLE 275 - ABANDONMENT OF PERSONS IN DANGER AND ABANDONMENT OF ONE’S OWN VICTIM

• Manner of commission:

(1) by failing to render assistance to any person whom the offender finds in an uninhabited
place wounded or in danger of dying

 Supposing the person X found did not have a wound but just fainted and lost consciousness; X
did not give him any assistance. Liable? No.

 What if he was unconscious because of starvation, is X liable if he did not render assistance?
YES.

(2) by failing to help or render assistance to another whom the offender has accidentally
wounded or injured

 Supposing X intentionally injured somebody in an isolated place and left him there. Is X
liable? No.

(3) by failing to deliver a child, under 7 years of age, whom the offender has found
abandoned to the authorities or to his family, or by failing to take him to a safe place

• Is it necessary that the minor be wounded? No, but the minor must be found in an unsafe place.

ARTICLE 276 - ABANDONING A MINOR

• The purpose of abandonment is to avoid the obligation of taking care of such minor

ARTICLE 277 - ABANDONMENT OF MINOR BY PERSON ENTRUSTED WITH HIS CUSTODY; INDIFFERENCE OF
PARENTS

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• In indifference of parents, may the parents also be liable for violation of RA 7610(Anti-Child
Abuse Law)? YES.

ARTICLE 278 - EXPLOITATION OF MINORS

ARTICLE 279 - ADDITIONAL PENALTIES FOR OTHER OFFENSES

ARTICLE 280 - QUALIFIED TRESPASS TO DWELLING

 Supposing the offender was a public officer. What crime may he be liable for? Violation of
domicile.

 Supposing the back door was open, accused entered through the said door. The owner saw
him and told him to leave but he did not. Liable? No. Entry was not against the will of the
owner.

• Possible defenses in trespass to dwelling:

(1) purpose was to prevent harm on the accused, the owner of the dwelling, or third person
(2) purpose is to render some service to humanity or justice
(3) place is a café, tavern, inn, and other public house, while the same is open

ARTICLE 281 - OTHER FORMS OF TRESPASS

ARTICLE 282 - GRAVE THREATS

 Supposing the threat was made and it was relayed to the person after three hours. Is offender
still liable? YES.

• If the threat was used as a means to commit another crime, the threat is absorbed in such crime.

ARTICLE 283 - LIGHT THREATS

 Supposing X made the following threat to Y:

- “If you don’t lend me your book, I will be forced to cheat.” What crime may X be liable for?
Light threats

- “If you don’t allow me to cheat, I will take your book and sell it.” What crime may X be liable
for? Grave threats

- “If you don’t lend me your book, I not pay my debt.” What crime may X be liable for? Light
threats

ARTICLE 284 - BOND FOR GOOD BEHAVIOR


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ARTICLE 285 - OTHER LIGHT THREATS

ARTICLE 286 - GRAVE COERCIONS

 Supposing a police officer, through violence, prevented X from joining the NPA. May the
police officer be liable? No – the police officer is justified.

 Several armed men surrounded the farm in a certain area. Because of their fear, the farmers
did not go out of their house to harvest palay. What crime may the armed men be liable for?
Grave threats.

 Supposing A boarded a taxi and the taxi brought you somewhere despite your efforts to stop
the driver. Liable? No.

ARTICLE 287 - LIGHT COERCIONS

 Supposing the purpose of the seizure by offender was to sell the properties seized and not to
apply to the debt. Crime committed? Robbery – there was intent to gain (assuming there was
violence in the seizure)

• Distinguish from services rendered under compulsion of debt under Article 274. Under Article
274, suppose X is indebted to A but he cannot pay. A asked X to work as a janitor in his office
as payment for his debt. Liable? No – he must have been made to work as a household servant
or far laborer.

ARTICLE 288 & ARTICLE 289


• Articles 288 and 289 are now covered by the provisions of the Labor Code.

• ROBBERY

 Supposing a person was divested of his cell phone. As the robbers were fleeing, they were in
turn, divested of the cell phone they took from you. Are the robbers liable? YES.

 When the thing taken is a motor vehicle, crime committed is always carnapping, whether it
was taken with or without force, violence, etc. What is essential is the subject matter of the
crime. Same is true with violation of Anti-cattle rustling law. The subject taken is large cattle.

 Supposing A stole a car with jewellery and money inside. What crime is he liable for?
Carnapping.

 Supposing an offender has taken possession of the object but offended party fought back and
was able to retrieve his stolen property. Is offender still liable? YES. The crime is
consummated by the mere act of taking. It is not necessary that offender has had sufficient
time to dispose of the object or property. Its return does not preclude the existence of robbery.
PREPARED BY: Dyann Kristi Catapang & Katheri Ann Charcos
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 Supposing you threaten another person to retrieve your personal property. Are you liable for
robbery? No. There is no intent to gain.

• ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS:

 Supposing A, B, and C wanted to rob the wealthiest family in the barangay. On their way to
the house, they saw one of its residents and killed him in order there will be no opposition
during the robbery. They then proceeded to the house and robbed it. What crime are they
liable for? Robbery with homicide.

 Supposing during a robbery a shoot-out ensues between the robbers and the son of the owner
of the house. One of the robbers is killed. What crime are they liable for? Robbery with
homicide. So long as a person is killed by reason or on occasion of the robbery.

 Supposing that while fleeing, robbers saw a person who witnessed the crime and killed him.
Crime? Robbery with homicide.

 If during the robbery, a policemen responded and was killed during the shoot-out. What crime
are the robbers liable for? Robbery with homicide.

 Supposing robbers escaped and policemen were able to catch up with them in another
province. During the shoot-out, one robber was killed while two policemen were injured.
What crime are they liable for? Robbery with homicide and physical injuries.

• Homicide is given a generic meaning; it contemplates parricide, murder, and infanticide.

 Supposing a robber accidentally pulled the trigger of his gun and killed another robber who
was his son. Crime committed? Robbery with homicide; not parricide.

 Supposing a maid was hogtied and killed by robbers. Crime? Robbery with homicide even if
there is treachery.

 Supposing a robber stepped on a two-day old child instantly killing the latter. Crime? Robbery
with homicide; not infanticide.

• Distinguish robbery from direct bribery: In both, there is intimidation. If threat of prosecution
was used to make a person part from his money and person actually committed a crime and
was intimidated to part with his money – there is bribery. However, if charges were merely
concocted, the crime committed is robbery.

 Supposing there is a restaurant which was inspected by sanitary officers and thereafter a
violation of cleanliness ordinance was discovered. The sanitation officers intimidated the
Chinese owner with threats of legal cases and asked for P50,000 in exchange for their silence.

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Chinese owner gives them the said amount. What crime are the sanitation officers liable for?
Direct Bribery.

 Under the same facts, if there is actually no violation of cleanliness ordinance and threats of
prosecution are based on concocted facts, the crime committed by the sanitary officers is
robbery.

 Supposing five robbers agreed to commit crime of robbery of Bank X only. The bank
manager was shot dead by one of the robbers. Who is/are liable for the killing of the bank
manager? All members of the band shall be equally liable as principals. Unless, being present
in the scene of the crime, they attempted to prevent the killing or assault of another person by
their co-robber (except if there is an agreement to kill all those who get in their way.)

 Supposing A, B, and C conspired to rob the house of X; C took a woman out of the house and
raped her. Liability? A and B – robbery only; C – robbery with rape. A and B were not present
when C raped the woman so they were not in the position to prevent C from committing the
rape.

• ROBBERY WITH FORCE UPON THINGS:

 Supposing a man slashes the bag of a passer-by and takes her cell phone and wallet. What
crime is committed? Theft. The use of force upon things must be used as a means to gain
entry to a building or house.

 Supposing a part of the house was set on fire by the accused in order to divert the attention of
the household members while his co-accused robbed the house. Crime committed? Robbery
with arson.

 Supposing after a robbery was committed in a public bus, the vehicle was set on fire. Is the
crime committed a special complex crime of robbery with arson? No. the robbery was already
consummated when the bus was set on fire.

• The concept of dependencies –


 Supposing there is a house; adjacent to it is a grocery and there is a door connecting the two.
The offender destroys the door of the grocery and enters thru the connecting door and robbed
the house. Liable? YES. Robbery with force upon things.

• Manner of commission:

1) in an inhabited house, public building, or edifice devoted to worship

a) unlawful entry (effected through opening not made for entrance)

 Supposing offender entered through the window of a house and stole valuables. Crime
committed? Robbery.
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 Supposing owners use the window for entering the house. Offender entered through the
window and stole valuables. Crime committed? Theft. If offender entered through the door
the crime committed is robbery.

 Supposing the offender, after breaking the window, “reaches” for valuables inside the house.
Crime committed? Theft. Force upon things was not used as a means to enter the house.

 Supposing accused broke the window of a car and took valuables within his arm’s reach.
Crime committed? Theft.

 Supposing there is a warehouse. Accused entered through the slide opening and took 50
cavans of rice. Crime committed? Robbery. There is unlawful entry

b) breaking door (external), wall, window, roof, floor

 Supposing accused entered through the door of a house. After taking valuables, offender
breaks the window in order to escape. Crime committed? Theft. The window was not broken
to effect entrance

 Supposing a carport is enclosed with a gate. Accused broke the gate and took the vehicle
inside the carport. Crime committed? Carnapping. If offenders took valuables inside, the
crime is robbery.

 Supposing offender took the stolen car to a nearby street, removed its stereo and fled leaving
the car behind. Crime committed? Carnapping. There is material possession of the car

c) through the use of picklocks or false keys

• Picklock: used solely for the commission of the crime; mere possession is punishable.

• False key: includes a genuine key stolen from owner

 Supposing A used a false key to open the door of their neighbor’s house; when he opened the
door, he saw a motorcycle in the sala and took it. What crime may A be liable for?
Carnapping

d) by simulating or pretending to be a public authority

 Supposing a Meralco lineman asked permission to conduct electrical inspection inside your
house. Upon entry, he takes your property. It turns out, he was merely purporting himself to
be Meralce lineman. Is he liable for robbery? No. A Meralco lineman is not a person in
authority.

e) use of fictitious name


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 Supposing X pretended to be a long lost relative to gain your permission to sleep in your
house for the night. Once inside, he takes your valuable items. Crime committed? Theft.
There is no use of fictitious name.

f) by breaking door (internal), wardrobe, chest, locked or sealed furniture or receptacle

 Supposing a husband and wife locked the door of the master’s bedroom when they left for
work. The offender broke the door and took the couple’s jewellery. Crime commited?
Robbery.

 Supposing the door of the master’s bedroom was not closed. Offender entered and took a
locked jewellery box. He then destroyed the lock and took the valuables. Crime committed?
Robbery.

 Supposing the said jewellery box is not locked or sealed but merely closed. The offender,
thinking it was locked, destroyed the box and took the jewellery. Crime committed? Theft.

g) by removing or taking away such locked or sealed furniture, chest, receptacle to be broken or
forced open outside the place of robbery

 Supposing the offender took a sealed jewellery box from an inhabited house and brought it
outside and broke it open. What crime did he commit? Robbery. If what he broke outside the
inhabited house was a closed jewellery box, what crime did he commit? Theft.

 Supposing offender took a sealed jewellery box from an inhabited house with the intention to
break it outside. However, the son of the owner catches him with the box while he was on his
way out. Crime committed? Consummated robbery. The box need not be broken. The crime is
consummated by the mere act of taking.

2) in an uninhabited house or public building

a) unlawful entry (effected through opening not made for entrance)

b) breaking door (external), wall, window, roof, floor

c) through the use of picklocks or false keys

d) by breaking door (internal), wardrobe, chest, sealed or closed furniture or receptacle

 Supposing the offender breaks open a locked receptacle from an uninhabited house. Crime
committed? Theft. If the receptacle was sealed or closed, the crime committed is robbery with
force upon things.

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 Supposing a passer-by saw a locked jewellery box inside a parked car. He breaks the window
of the car and takes the jewellery box home where he planned to force it open. Crime
committed? Theft.

e) by removing or taking away such sealed or closed furniture, chest, receptacle to be broken or
forced open outside the place of robbery

ARTICLE 310 - QUALIFIED THEFT

• When theft is committed by a domestic servant; or act is committed with grave abuse of
confidence; or taking of coconut from a coconut farm or plantation; or taking of fish from a
fishpond or fishery.

PD 1612 - ANTI-FENCING LAW

• Can be prosecuted concurrently with theft or robbery under the RPC

• Fence: any person who buys, sells, acquires, possesses, keeps, conceals, or disposes of stolen
items (subject of robbery and theft) and knows that such items were stolen.

• Purchasing unlicensed car parts may make the buyer liable for violation of the Anti-Fencing
Law. The seller is required to acquire license before selling such second-hand items.

PD 532 - ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY LAW

• If a crime of robbery is committed on the streets, or on any highway, road, or bridge


indiscriminately – it is highway robbery under P. D. 532. If it is committed through a solitary
act, the crime is simple robbery only.

 Supposing offenders rode a bus and, while it was travelling along EDSA, divested the other
passengers of their valuables. Crime committed? Simple robbery only. Act is solitary.

• Offender benefiting from the proceeds of crime committed punishable under P.D. 532 is
punished as a co-principal.

ARTICLE 315 - SWINDLING

• Theft v. Estafa
- THEFT = Material Possession + Misappropriation

- ESTAFA = Juridical Possession + Material Possession + Misappropriation

- NO CRIME (only civil liability) = Ownership + Juridical Possession + Material Possession +


Misappropriation

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• Material Possession (MP): there is only actual, physical possession of the property; owner has
better right than possessor; also called physical possession

• Juridical Possession (JP): is present when possession arises from lawful transactions either by a
contract of agreement, expressed or implied, written or verbal; or by virtue of a provision of
the law

• Ownership of property: There is ownership when there is no more obligation to return exactly
the same property given or lent to the accused; ownership is transferred to him

 Supposing a professor owns a criminal law book. A Student approaches him and borrows the
book knowing it contains personal notations by the professor. The professor lends the book
until March 17.
 Is there MP? YES.

 Is there JP? YES, based on the verbal agreement (there is a contract)

 Does the student have a better right over the book than the professor? YES. There is lawful
transfer of possession based on the contract.

 Supposing the following day, the professor asks for the book. May the student refuse to return
it? YES. Student has better right over it.

 Supposing on March 17, the professor asks for the book but student tells him that he could no
longer return it because he sold it to another student. What crime is committed? Estafa. (MP +
JP + Mis)

 Supposing a professor asks his student to bring the book to his office in Makati. Student takes
the book to Recto instead and sells it to a bookstore. What crime is committed? THEFT. (MP
+ Mis) There is no JP since there is no agreement nor contract between them to give student
better right over the book.

 Supposing after an hour, the professor changes his mind asks the student for the return of the
book. May he do so? YES. The professor still has better right over the book and may ask for
its return at any time. Only MP was given to the student.

• In ordinary cases of theft, property is taken. In estafa, with abuse of confidence, property is
voluntarily lent or given to the offender.

 Supposing the professor lends his book to his student and asks about what will happen if the
latter cannot return the book. The student suggests that if he loses the book he will give the
professor the latest edition of the book to take its place. The professor agrees.
 Is student bound to return the exact same book? No.

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 MP? YES. JP? YES. Ownership? YES – student is no longer obliged to return the borrowed
item.

 Supposing the student sold the book. What crime did he commit? No crime. He is civilly
liable only.

 Supposing A borrows his neighbor’s bike for five days. On the sixth day, A is unable to return
the bike because he sold it to another person. What crime may A be liable for? Estafa. (MP +
JP + Mis)

 If A was merely asked by his neighbor to bring the bike to a shop for repair, but A sells it
instead, what crime may A be liable for? Theft (MP + Mis)

 If A was told to return the bike on the sixth day from the day it was borrowed but both he and
the neighbor agreed that if it cannot be returned, A will give his neighbor a new bike instead,
what crime may A be liable for if he misappropriates the bike? No crime. But A is civilly
liable.

 Supposing S has been keeping a 1,000 peso bill in his wallet for 25 years. G borrows the bill.
Just to be sure that G returns the exact bill, S issues a receipt which states the serial number of
the bill. G fails to return the bill and spends it for himself. What crime? Estafa. (MP + JP +
Mis)

 Supposing G borrows P500 from S. S give the student 1,000 pesos instructing the student to
have it denominated to two P500 bills, take one of the bills and return the other to him. G
never returns the P500. What crime may he be liable for? Theft. (MP + Mis)

 G borrows a P1,000 bill from S, subject to the condition that if in case it cannot be returned, G
will give S twice the amount plus interest instead. S agrees. If G misappropriates the amount
borrowed, what crime may he be liable for? No crime. There is ownership already.

 Supposing F approaches Y to borrow the latter’s car and to use it as a bridal vehicle for his
cousin’s wedding. Y lends it to be returned on Monday. If F does not return the car and sells it
to another person, what crime is he liable for? Estafa. (MP + JP + Mis)

 Supposing Y lends his car to F with the agreement to return it on the day after the wedding.
Both agreed that if the car was not returned, F will give a better and newer model instead. If F
misappropriates the car, what crime is he liable for? No crime. Ownership was already given
since F was not obliged to return the same car to Y.

 Supposing P gives his car keys to his driver and instructs him to fill up his car with gas.
Driver never returns and sells the car to his friend. What crime may the driver be liable for?
Carnapping. Subject of theft is a motor vehicle (MP + Mis)

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 What kind of possession does a bank teller have over the money deposited by the bank’s
clients? Material possession only.

 Supposing bank teller takes the money deposited by a client. What crime may the teller be
liable for? Qualified Theft. The crime of theft is committed with abuse of confidence.

 Supposing the accused, a public officer in charge of purchasing supplies, was given the
money to purchase high quality rice; he made an agreement with the supplier of to provide for
50 sacks of rice at half the price. Crime committed? Frauds against the public treasury under
Article 213.

 Supposing a school asks for deposit in case of breakages. At the end of the school year, the
student asks for the deposit arguing that no breakages occurred. The school refuses to return
the amount deposited. May the school be liable for estafa? No. The school is not bound to
return the exact money bills paid by the student. Ownership is transferred to the school.

 Supposing a sales representative of an appliance company approached X as a prospective


customer, explained the benefits of the appliance he was selling. Not convinced, he gave X a
trial period of one week, after which, if the product is not returned, it would be considered
sold. X no longer returned the product because he had sold it to another. Was there
misappropriation? YES. But could X be liable for estafa? No.

• If a particular property is given to another through a contract of deposit and depository


misappropriates it and cannot return the same, the depository is liable for estafa.

 Supposing a company was bound to deliver a package to X but the package was delivered to
M instead. It turns out, M and X had the same name. M takes possession of the property in
trust for the true owner (based on the provision of the law). If M misappropriates the contents
of the package, is he liable for estafa? YES.

• Conversion: disposing of property and acting as if one is the owner of a property; acting in
violation of a condition agreed or imposed upon. Determine if there is a violation of the terms
and conditions by the agent against the principal. If there is, conversion exists because the
agent acted beyond authority given to him.

 Supposing when the pieces of jewellery were given to X. he was merely instructed by Y to
sell it within 30 days, and if not sold, to return the same. X sold the items on credit. Was the
sale on credit within the scope of the authority of X? YES. May he be liable for estafa? No.

 What if instead of selling it, X gave the jewellery to a sub-agent who sold it to Z, who could
not pay. Is X liable for estafa? No - there was no express prohibition for X to give the items to
a sub-agent; if there is an express prohibition, X is liable for estafa because there would be
conversion in that case.

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 Supposing A owns a jewellery worth P100,000. A gives it to B for the latter to sell it at a price
less than 100K. They agree that if B succeeds, he shall receive 10% commission. B goes to C
and asks him to sell the property on the same condition with a commission of 5%. C does not
sell the jewellery and keeps it for himself. May B be liable for estafa? No. Owner gave the
jewellery to the agent for the latter to sell it. The agent in turn gives it to a sub-agent also for
the jewellery to be sold. Therefore, the agent, B, acted within authority given to him by the
owner. There is no conversion.

 Under the same facts but A tells B that he is prohibited from giving it to a sub-agent. B gives
it to a sub-agent who misappropriates the jewellery. May B be liable for estafa? YES. B acted
beyond the authority given to him. There is conversion committed by B

 A tells B to sell the jewellery based on cash basis but B sells the jewellery on instalment basis
to his officemate. After few days, the officemate loses her job and could no longer pay the
instalments agreed upon. Is B liable for estafa? YES. There is conversion. B acted in violation
of prior agreement.

 Supposing an importer receives goods in trust. The ownership of the goods remains with the
bank who fully paid such goods. The importer is bound to pay the bank the proceeds of the
sale of the goods or to return the same to the bank. If importer fails to pay the bank and to
return the goods, is he liable for estafa? YES. The importer is guilty of estafa by
misappropriation.

• Estafa cannot be committed by a partner in a partnership; by a co-owner or by a joint owner of


a property. However, if partner, joint owner, or co-owner misappropriates property which is
already separated or given to a third person or entirely to the other partner, the misappropriator
may be held liable for estafa.

 Supposing D, a partner to a business, was tasked to pay taxes for the business. Istead of
paying the taxes, D used the money to play in the casino and lost all of it. May D be liable for
estafa? YES. The money was misappropriated. It was given for a specific purpose.

 Supposing the administrator of the estate of deceased L, misappropriated certain properties of


L. May L be liable for estafa? YES. The property was given to him in trust.

 Supposing A pawned his cell phone but the pawnshop did not return the item even after A’s
redemption of the same. May the pawnshop be liable for estafa? YES. The cell phone was
given to them in trust.

• Novation of the contract or obligation: Is novation a ground to extinguish criminal liability?


No. The grounds for the extinguishment of criminal liability are enumerated in Article 89 of
the RPC. Novation is not one of the grounds stated therein. Moreover, novation is a change or
amendment of terms or conditions agreed upon by the parties who are private individuals. It is
not within the power of private individuals to extinguish criminal liability.

PREPARED BY: Dyann Kristi Catapang & Katheri Ann Charcos


UPDATED BY: Katrina Ayn Ayza Cue, Louresse Patricia Jane Soriaso & Ezekiel Joshua Villena

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 Supposing ABC Corp. employs collection agents around the country who are obliged to
collect amounts within their jurisdiction for the company. ABC Corp has a policy that
collections are to be remitted within 30 days from collection. J, a Cebu collecting agent,
collected P500,000 on December 1, 2008 giving him until December 31 to remit the amount
collected.

 Supposing one night, J played in the casino with his girlfriend and her family. In the course of
their stay, J lost the entire amount. Assuming it was December 10, 2008, is J liable for estafa?
No. There is no obligation until December 31.

 Supposing that on December 31, J failed to remit the amount, is he liable for estafa? YES. J
was holding the amount in trust and he already has the obligation to return it to its rightful
owner.

 Supposing after December 31, the company gives J a demand letter for the money giving him
five days to turn it over. On January 5, J made no payment. Two days later, J executes a
promissory note to assuring payment of the amount through monthly instalments. The
president accepts the condition. After three months, J defaults in payment. May J be charged
of estafa? YES. The criminal liability of J has already attached since his obligation to pay
arose on December 31. There is a presumption of misappropriation when he failed to remit the
amount collected. Even if the promissory note was a valid novation of his initial obligation,
this does not bear any effect to his criminal liability.

 Supposing on December 23, J went to Manila and confessed to the president of ABC Corp
that he had misappropriated the money. J asked for forgiveness and suggested that he will
repay the amount through salary deduction every month. On the same day, J signs a
promissory note prepared by the company’s lawyer, upon the approval of the president. After
two months, J was fired and could no longer pay the balance. May the company charge J with
estafa? No. There was no crime since the obligation does not arise until December 31. The
promissory note executed on December 23 is a valid novation of the initial obligation. Since
there is no obligation, there is no estafa committed. It does not extinguish criminal liability
because there is no criminal liability to speak of.

• Postdating of the check should be prior to or simultaneous with the contracting of the
obligation. If it is issued in payment of a pre-existing debt, there is only civil liability.

 Supposing one afternoon, E purchases grocery items worth P10,000 from V. Since E does not
have enough cash at that time, he issues a check in payment of the items bought. V agrees and
allows E to take the grocery items home. If the check bounce, may E be liable for estafa?
YES. The check was issued simultaneously with the contracting of the debt.

 Supposing before the check was encashed, E takes it back and issues a different check. When
the later check was encashed, it turned out that the account did not have sufficient funds. May
E be liable for estafa? No. The later check was issued for payment of a pre-existing debt. May
E be liable for violation of B.P. 22? YES.
PREPARED BY: Dyann Kristi Catapang & Katheri Ann Charcos
UPDATED BY: Katrina Ayn Ayza Cue, Louresse Patricia Jane Soriaso & Ezekiel Joshua Villena

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• Infidelity in the custody of papers v. estafa


- In infidelity, the offender must be a public officer in charge with the custody of documents
removed, concealed or destroyed; in estafa, the crime may be committed by any person. In
infidelity, the intent to defraud is not needed while in estafa, the act must be done with intent to
defraud.

 Supposing a client destroys the documents of a bank to conceal fact of the existence of a loan.
What crime is he liable for? Estafa. There is intent to defraud.

BATAS PAMBANSA BLG. 22 - ANTI-BOUNCING CHECKS LAW

• Good faith and honest intention are not defenses in a prosecution for violation of B.P. 22. since
it follows general principles of malum prohibitum; it does not punish a person for non-payment
of contractual debt but for issuing a bum check; it was enacted to protect the interest of people
in checks as a substitute for money; a worthless check is detrimental if placed in circulation

• Manner of Commission

(1) Making or drawing and issuing any check to apply on account or for value (Maker, issuer,
drawer are punished but endorser is not; the co-conspirators are also liable)

• 1st Requisite – person issues, makes or draws check in payment of account or for value

- Even if check is issued as a guarantee for the obligation of another or only as collateral or
security for the monetary obligation of another, the issuer is still liable under B.P. 22

 Supposing A issues a check to B, anticipating that in the following week, funds were coming
in from payments to be made by his other clients. The check is postdated for the following
week. When B encashed the check, it was dishonored for lack of funds. A sets up good faith
as a defense and honest belief that his other clients would be paying him in the amount that
would suffice payment of his obligation on time. Is A liable for violating B.P. 22? YES.

 Supposing A issued a check as evidence of a long time agreement with B. On the back of the
check, A indicated that the check is not intended for payment but merely to evidence an
existing obligation. If the check bounces, may A be liable for violation of B.P. 22? No. The
check is not issued as payment of obligation or for value.

• 2nd Requisite – check is dishonoured by the bank for lack of funds, insufficiency of funds, or
that account is closed

• If the check is dishonored for any other reason, there is no violation of B.P. 22, provided that
the account of the issuer had sufficient funds

PREPARED BY: Dyann Kristi Catapang & Katheri Ann Charcos


UPDATED BY: Katrina Ayn Ayza Cue, Louresse Patricia Jane Soriaso & Ezekiel Joshua Villena

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 Supposing at the time A issued a check for P100,000, he had P200,000 in the bank. Before the
presentation of the check, A gave notice to the bank to stop payment because the payee did
not comply with his obligation. May A be liable for violation of B.P. 22 if the check is
dishonored by the bank? No. A had sufficient funds and reason for the dishonor was the stop
payment notice.

 Supposing A did not have enough money to pay the debt and he knew of the insufficiency of
the fund. May he be liable for violation of B.P. 22? YES. The check would have been
dishonored just the same for insufficiency of funds.

• 3rd Requisite – Payee or holder gives notice of dishonor and demands the value of the check

• A verbal demand is not acceptable; there should be a formal, written demand of payment

• 4th Requisite – the maker, drawer, or issuer, having seen the notice of dishonor or demand of
payment, fails to pay the amount of the check within five banking days

• All of the requisites must concur

• Will the mere issuance of a bum check make a person liable for violation of B.P. 22? No.
Issuance of a worthless check is not a crime.

• Will the dishonor by the bank of the check make the issuer liable? No.

• Is the mere evidence of notice sufficient? No. There must be evidence of receipt of the notice
of dishonour or demand of payment.

• Upon receipt of the notice of dishonor, is issuer already liable? No. He is still given five
banking days to pay. Failure to pay after such period will make the person liable. After such
period, presumption of knowledge of the insufficiency of funds on the part of the accused sets
in.

(2) Failure to maintain sufficient funds to cover the value of the check in the event the check
is presented for payment

• B.P. 22 gives the issuer the obligation to maintain in his account sufficient value to cover the
amount of the check issued for a period of 90 days counted from the date appearing on the
check (date of issuance.)

 Supposing A issues a check and at that time, A had more than enough funds to cover the value
of the check. Before the 90-day period elapsed, A withdrew the amount sufficient to cover the
value of the check. May he be liable for violation of B.P. 22? YES.

PREPARED BY: Dyann Kristi Catapang & Katheri Ann Charcos


UPDATED BY: Katrina Ayn Ayza Cue, Louresse Patricia Jane Soriaso & Ezekiel Joshua Villena

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 Supposing B presented to the bank a check issued to him by A beyond 90 days from the date
of issuance. The check was dishonored for lack of funds. May he be liable for violation of
B.P. 22? According to a decision of the Supreme Court – YES the issuer is still liable.

• The law requires banks and financial institutions to indicate on the face of the check or on its
back, the reason for dishonoring the same.

• Is it necessary to have a testimony from a bank employee to back up the claim of presumption
of knowledge? No. If the requisites concur, there is already a prima facie evidence of violation
of B.P. 22.

• Penalty is a fine twice the amount of the value of the check but not exceeding P200,000 or
imprisonment of one year or both. SC issued a circular instructing lower courts to impose only
the penalty of a fine. This is o because unless the accused is a blatant violator of B.P. 22, the
court adopts a liberal view against the accused.

ARTICLE 316 - OTHER FORMS OF SWINDLING

 Supposing A runs out of cash so he pledges his cell phone to B for P5,000. Their agreement
was for A to pay back the amount within 30 days and for B to return the cell phone. After a
week, B leaves the cell phone on his table. A sees it lying around so he takes it. Is A liable?
YES. A is liable for other forms of swindling under Article 316. At the time of the taking, B,
by virtue of the agreement, has the lawful possession of the cell phone even if A is the owner.
The taking is wrongful.

ARTICLE 320 - ARSON

 Supposing X, with intent to kill, intentionally burned T to death what crime did X commit?
Murder.

 Supposing N burned the body of O. O was already dead. What crime? Arson.

ARTICLE 327 - WHO ARE LIABLE FOR MALICIOUS MISCHIEF

• It cannot be committed negligently; it must be deliberate.

ARTICLE 332 - PERSONS EXEMPT FROM CRIMINAL LIABILITY

• Applies only when the crime of either theft, estafa, or malicious mischief is committed or
mutually caused by:

1) spouses, ascendants or descendants, or relatives by affinity within the same line

2) widowed spouse with respect to the property of deceased spousebefore the same has been
distributed
PREPARED BY: Dyann Kristi Catapang & Katheri Ann Charcos
UPDATED BY: Katrina Ayn Ayza Cue, Louresse Patricia Jane Soriaso & Ezekiel Joshua Villena

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3) brothers, sisters, brothers-in-law and sisters-in-law who are living together

 Supposing A’s brother-in-law loses his cell phone to a snatcher. One week after, he finds it in
A’s possession. The brother-in-law charges A with violation of the Anti-Fencing Law.
Assuming that A lives with his brother-in-law, will the case prosper? YES. A is not exempt
from criminal liability under Article 332. It applies only when crime committed is theft,
estafa, or malicious mischief.

• CRIMES AGAINST CHASTITY

• Private crimes - can be initiated by the offended party only or by his parents, grandparents, or
guardians if offended party is incapacitated.

 Supposing a 19 year old woman refuses to file a case of acts of lasciviousness. Her father
signs the complaint. May the court take jurisdiction of the case? No. The victim is already
legally capacitated. Supposing the woman is only 10 years old? YES, the court may take
cognizance of the case.

ARTICLE 333 - WHO ARE GUILTY OF ADULTERY

• Is committed by a married woman having sexual intercourse with a man not her husband AND
by the man knowing her to be married

• Marriage contemplated may have defects but there must not be a judicial declaration of nullity
or decree of annulment issued by the court

• Is the presentation of an eyewitness necessary to prove the sexual intercourse? No.


Presentation of evidence of opportunity to have sexual intercourse between the accused is
sufficient

 Supposing the prosecution presented evidence that W, a married woman, and K, her neighbor,
checked-in to a motel room at 1:00 p.m. and checked-out at 10:00p.m. Is the evidence enough
to warrant conviction for adultery? YES.

ARTICLE 334 - CONCUBINAGE

• A single act of sexual intercourse between a married man and a woman not his wife is not
punishable. Sexual intercourse is punishable under any of the following circumstances:

1) maintaining a concubine or mistress in the conjugal home or dwelling


2) cohabitation in any other place (living together as husband and wife)
3) sexual intercourse with another woman under scandalous circumstances (open to public)

ARTICLE 336 - ACTS OF LASCIVIOUSNESS


PREPARED BY: Dyann Kristi Catapang & Katheri Ann Charcos
UPDATED BY: Katrina Ayn Ayza Cue, Louresse Patricia Jane Soriaso & Ezekiel Joshua Villena

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• Had there been sexual intercourse, the offender would be liable for rape

ARTICLE 337 - QUALIFIED SEDUCTION

• Seduction: act of sexual intercourse

• If both elements of R. A. 8353 and qualified seduction are present, accused may be charged of
the higher crime (rape); if victim is below 18, accused may be charged of violation of R. A.
7610.

 Supposing, a high school teacher fell in love with a 17-year old female student and the student
fell in love with him also. The student becomes pregnant with her and the teacher’s child.
What crime may the teacher be charged with? Rape through grave abuse of authority and
violation of R.A. 7610.

ARTICLE 338 - SIMPLE SEDUCTION


• The offended party may not be prostitute; woman has to be of good reputation
• Committed by means of deceit - this includes a false promise of marriage.

ARTICLE 339 - CONSENTED ACTS OF LASCIVIOUSNESS


• Had there been sexual intercourse, the man would be liable for qualified seduction or simple
seduction

ARTICLE 342 - FORCIBLE ABDUCTION


• Taking of a woman against her will with the presence of lewd designs or lascivious intent; age
of offended party is immaterial

• If there is no lewd design, the crime committed is kidnapping; lewd design can only be proven
by the actual physical acts of the offender

ARTICLE 343 - CONSENTED ABDUCTION


• Victim is a woman over 12 years old and under 18 and is a virgin; she is taken with her consent

• Also known in ordinary parlance as tanan

ARTICLE 349 - BIGAMY


• Contracting a subsequent marriage before the 1st marriage is dissolved

• The offender will not incur criminal liability if there is a judicial decree of dissolution of first
marriage or judicial declaration of presumption of death

PREPARED BY: Dyann Kristi Catapang & Katheri Ann Charcos


UPDATED BY: Katrina Ayn Ayza Cue, Louresse Patricia Jane Soriaso & Ezekiel Joshua Villena

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ARTICLE 351 - PREMATURE MARRIAGE
• Can be committed only by woman who contracts marriage within 301 days after the death of
her husband or separation from the same; or before giving birth if she is pregnant, at the time
of her husband’s death

• The reason for the provision is to prevent doubtful paternity

ARTICLE 359 - SLANDER BY DEED


• The difference of slander by deed from acts of lasciviousness is that in the latter, there is
presence of lewd design. This depends upon the circumstance of time, place, or manner of
commission

 Supposing C wanted to take revenge against his officemate Z for a prank she committed
against him. In the presence of their other co-workers, C confronted Z and grabbed her
breasts. What crime may C be liable for? Slander by deed. There is no lewd design. C only
wanted to embarrass Z.

PREPARED BY: Dyann Kristi Catapang & Katheri Ann Charcos


UPDATED BY: Katrina Ayn Ayza Cue, Louresse Patricia Jane Soriaso & Ezekiel Joshua Villena

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