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CRIMINAL LAW II

its citizens because the State was incapable of providing


CRIMES AND PENALTIES protection to its citizens during the war.
Book II (RPC)
Held: SC denied petition for habeas corpus and
convicted Laurel for treason. SC said citizen owes
TITLE I CRIMES AGAINST NATIONAL SECURITY AND THE permanent and absolute allegiance, not temporary or
LAW OF NATIONS conditional allegiance to country. No such thing as
suspended conjugal fidelity in marriage, just like
allegiance to country. Further, only exercise of
ARTICLE 114 -- Treason sovereignty suspended, but not sovereignty itself,
otherwise it would lead to political suicide and provide
Elements: a perfect excuse for powerful nations to invade and
1) That offender owes allegiance to the oppress weaker states with impunity.
government of the Philippines.
2) That there is a war in which the Philippines is People vs. Perez, 83 PR 314.
involved.
Susano Perez "Kid Perez" was convicted and
3) That the offender EITHER: sentenced to death by electrocution for committing 7
Le a)Levies war against the government, or counts of treason by furnishing women for immoral
purposes to the enemies.
Ad b)Adheres to the enemies, giving them aid or
comfort. Perez contented that he's act of commandeering of
women do not constitute treason.
(Recall LeAd)
OSG submitted an opposite view and argued that "to
a) Levying war -- means an actual assembling of maintain and preserve the morals of the soldiers has
men for the purpose of executing a treasonable design by always been, and will always be, a fundamental concern
force. of army authorities, for the efficiency of an army rests
b) Adhering to the enemy -- means mentally not only on its physical attributes but also mainly on the
favoring the enemy, emotionally. morale of its soldiers.

c) Giving aid or comfort -- means an act which Held: Commandeering of women to satisfy the
strengthens the enemy in the conduct of war, or weaken lust of Japanese officers during World War II is not
the defense of our country in resisting the enemy. treason because it does not directly strengthen the
enemy and weaken our defense. Whatever favorable
The extent of the aid to and comfort given to the effect to Japanese is merely trivial, imperceptible and
enemies must be to render assistance to them as unintentional.
enemies and not merely as individuals and, in addition,
be directly in furtherance of the enemies hostile designs.
Two ways of proving treason People vs. Prieto, 80 PR 183.

a) Two-witness rule The appellant was prosecuted for treason.


b) Confession of guilt in open court
Rules on treason -Two witnesses gave evidence but their statements do
not coincide in any single detail. The first witness testified
a) Espionage during peace becomes treason during that the accused with other Filipino undercovers and
war. Japanese soldiers caught an American aviator and had
b) Treachery and evident premeditation are the witness carry the American to town on a sled pulled
inherent and necessarily absorbed in the crime of by a carabao. That on the way, the accused walked
treason but not ignominy or cruelty in commission of behind the sled and asked the prisoner if the sled was
treason. faster than the airplane; that the American was taken to
the Kempetai headquarters, after which he did not know
Laurel vs. Misa, 77 PR 856 what happened to the flier.

Anastacio Laurel filed petition for habeas corpus -The next witness, testified that he saw the accused
because detained for treason during Word War II. He following an American and the accused were Japanese
argued that his allegiance to the country is suspended and other Filipinos.
during war, as well as sovereignty of the country vis-a-vis
-The lower court believes that the accused is guilty

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beyond reasonable doubt of the crime of treason and in the infliction of physical injuries on the others,
complexed by murder and physical injuries, with the the SC held that murder and physical injuries were
aggravating circumstances mentioned above. inherent in the crime of treason characterized by the
Apparently, the court has regarded the murders and giving of aid and comfort to the enemy.
physical injuries charged in the information, not only as
crimes distinct from treason but also as modifying
circumstances. The Solicitor General agrees with the US v. Bautista, 6 PR 681
decision except as to the technical designation of the
In 1903 a junta was organized and a conspiracy
crime. In his opinion, the offense committed by the
entered into by a number of Filipinos in Hongkong, for
appellant is a complex crime of treason with homicide.
the purpose of overthrowing the government of the
United States in the Philippine Islands by force of arms
-Accused being a member of the Japanese Military Police
and establishing a new government.
and acting as undercover man for the Japanese forces
with the purpose of giving and with the intent to give aid
Francisco Bautista (1), a close friend of the chief of
and comfort feloniously and treasonably lad, guide and
military forces (of the conspirators) took part of several
accompany a patrol of Japanese soldiers and Filipino
meetings. Tomas Puzon (2) held several conferences
undercovers for the purpose of apprehending guerillas
whereat plans are made for the coming insurrection; he
and locating their hideouts.
was appointed Brigadier-General of the Signal Corps of
the revolutionary forces. Aniceto de Guzman (3) accepted
Issues: some bonds from one of the conspirators.
1. Whether the two-witness rule was sufficiently
complied. The lower court convicted the three men of conspiracy.
2. Whether the TC erred in ruling that the murders Appellants contend that mere appointment of a position
and physical injuries were crimes distinct from treason. connected with some high office in the conspiracy
constitute as conspiracy to commit treason.
Held:
1. NO, it was not sufficiently complied. The witnesses Counsel for appellants also contend that the
evidently referred to two different occasions. The two constitutional provision requiring the testimony of at
witnesses failed to corroborate each other not only on least two witnesses to the same overt act, or confession
the whole overt act but on any part of it. in open court, to support a conviction for the crime of
treason should be applied in this case.
2. The execution of some of the guerilla suspects
mentioned and the infliction of physical injuries on others Issues:
are not offenses separate from treason. There must
Whether they are liable for conspiracy to commit
concur both adherence to the enemy and giving him aid
treason.
and comfort. One without the other does not make
treason.
Judgment for Bautista and Puzon CONFIRMED.
In the nature of things, the giving aid and comfort can
Judgment for de Guzman REVERSED.
only be accomplished by some kind of action. Its very
nature partakes of a deed or physical activity as opposed Yes, Bautista and Puzon are guilty of conspiracy. Bautista
to a mental operation. This deed or physical activity may was fully aware of the purposes of the meetings he
be, and often is, in itself a criminal offense under another participated in, and even gave an assurance to the chief
penal statute or provision. Even so, when the deed is of military forces that he is making the necessary
charged as an element of treason it becomes identified preparations. Puzon voluntarily accepted his
with the latter crime and cannot be the subject of a appointment and in doing so assumed all the obligations
separate punishment. implied by such acceptance. This may be considered as
an evidence of the criminal connection of the accused
However, the brutality with the killing or physical injuries with the conspiracy.
were carried out may be taken as an aggravating
circumstances. Thus, the use of torture and other However, de Guzman is not guilty of conspiracy. He might
atrocities on the victims instead of the usual and less have been helping the conspirators by accepting bonds in
painful method of execution will be taken into account to the bundles, but he has not been aware of the contents
increase the penalty. nor does he was, in any occasion, assumed any obligation
with respect to those bonds.
Where the accused, besides being a Japanese spy, took
part in the execution of some of the guerilla suspects
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Where a genuine conspiracy is shown to have existed as 2) That he has knowledge of any conspiracy to
in this case, and it is proven that the accused voluntarily commit treason against the Government;
accepted an appointment as an officer in that conspiracy,
3) That he (a) Conceals or (b) Does
we think that this fact may properly be taken into
not disclose and make known the same, as soon as
consideration as evidence of his relations with the
possible to the proper authority.
conspirators.
Note:
Whether the two witness rule is applicable in conspiracy
a) Article 116 does not apply when treason is
to commit treason.
already committed by someone and the accused does
not report its commission to the proper authorities.
No. This court has always held, in conformance with the
b) The offender here is punished as principal in
decisions of the Federal courts of the United States, that
Misprision of treason, and not as a mere accessory to
the crime of conspiring to commit treason is a separate
treason.
and distinct offense from the crime of treason, and that
this constitutional provision is not applicable in such
cases.

ARTICLE 117 -- Espionage


ARTICLE 115 -- Conspiracy and Proposal to Commit
Two ways of committing espionage
Treason
a) By entering without authority a warship, for,
The conspiracy or proposal to commit the crime
naval or military establishment or reservation to obtain
of treason shall be punished
any information, plans, photographs, or other data of a
x x x. confidential nature relative to the defense of the
Philippine archipelago.
b) By disclosing to the representative of a foreign
A) CONSPIRACY
nation the contents of the articles, data or information
1) That it is committed in times of war. referred to in par. no. 1 which he had in his possession
by reason of the public office he holds.
2) That two or more persons come to an
agreement to levy war against the Government, or to
adhere to the enemies and to give them aid and comfort.
Commonweath Act No. 616 (An Act to Punish Espionage
(In short, that there was an agreement to commit treason
and other Offenses Against National Security)
in any of the two (2) modes).
Acts penalized:
B) PROPOSAL
1) Unlawful obtaining or permitting to be obtained
1) That it is committed in times of war.
information affecting national defense.
2) That a person decides to commit
2) Unlawful disclosing of information affecting
treason in any of the two modes.
national defense.
3) That he proposes its execution to some
3) Disloyal acts or words in times of peace.
other persons.
4) Disloyal acts or words in times of war.
a) As a general rule, mere conspiracy and proposal
to commit a felony is not punishable because there are 5) Conspiracy to commit the preceding acts.
mere preparatory acts in the subjective phase. This is an
Note:
exception to the general rule.
a) Harboring or concealing violators of this law is
b) In conspiracy and proposal to commit treason,
also an offense.
the two-witness rule does not apply here because this is
a separate and distinct offense from treason. b) Espionage may also be committed both in times
of peace and war, but usually during peace. Because the
act of relaying confidential information which constitutes
ARTICLE 116 -- Misprision of Treason Elements: espionage during peace becomes treason during war
1) That the offender owes allegiance to the (for strengthening the enemy and weakening the defense
Philippines, and without being a foreigner; of our country against the foreign enemy).

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ARTICLE 118 -- Inciting to war and giving motives for 1) That there is a war in the Philippines is
reprisal involved.
2) That the offender owes allegiance to
Elements:
the Philippines.
1) That the offender performs unlawful or 3) That the offender attempts to flee, or
unauthorized acts. go to the enemy country.
4) That going to the enemy country is
2) That such acts provoke or give occasion
prohibited by competent authority.
for a war involving, or liable to involve, the
Note:
Philippines, or exposes Filipino citizens to
reprisals on their persons or their property. a) This felony may also be committed by a
foreigner, as he owes allegiance to the government,
a) By the nature of the crime, it can only be
although in a temporary capacity.
committed during times of peace.

ARTICLE 122 -- Piracy in general and mutiny on high


ARTICLE 119 -- Violation of neutrality
seas or in Philippine waters. (As amended by Sec.
Elements: 3, R.A. 7659).
1) That there is a war in which the Two ways/modes of piracy:
Philippines is not involved;
1) By attacking or seizing a vessel on the
2) That there is a regulation issued by high seas.
competent authority for the purpose of
2) By seizing the whole or part of the
enforcing neutrality;
cargo or equipment of the vessel, while on the
3) That the offender violates such high seas, OR their personal belongings of its
regulation. complement or passengers, the offenders not
being members of the complement, or
Note:
passengers.
a) This crime can only be committed in times of
Elements:
war, although the Philippines is not yet involved in such
war precisely, there is a regulation to ensure neutrality 1) That a vessel is on the high seas.
which offender violated.
2) That the offenders are strangers to the
vessel, meaning they are not members of the
complement, or passengers of the vessel.
ARTICLE 120 -- Correspondence with enemy country
2) That the offenders: a) Attack that
Elements:
vessel or b) Seize the whole or part of the cargo
a) That there is a war involving the Philippines; of said vessel, its equipment, or the personal
belongings of its complement or passengers.
b) That offender shall have correspondence with
the enemy country, or with a territory occupied by Note:
the enemy troops;
a) Hence, if the offenders who seized the vessel by
c) That such correspondence falls under the violence or intimidation or force upon things are
following: members of the crew or passengers thereof, crime is not
piracy but ROBBERY IN THE HIGH SEAS.
1) Prohibited by the government.
b) Mutiny on the high seas -- this involves the (1)
2) Carried on in ciphers or conventional
Unlawful resistance to a superior officer; and (2) Raising
signs;
of commotion and disturbances on board a ship against
3) Contains notice or information which might be the authority of its commander, while ship is on the high
useful to the enemy, or intended by the offender to seas.
aid the enemy.
Distinguished from piracy -- in piracy, the
offenders are strangers to the vessels and there is intent
to gain.
ARTICLE 121 Flight to enemy country
c) High seas refers to any waters on the seacoast,
Elements:
which are without the boundaries of the low-water mark,

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although such waters may be in the jurisdictional limits of jurisdiction of Zamboanga CFI because crime committed
a foreign government. outside of Philippine jurisdiction.
Held: SC affirmed their conviction and
sustained Zamboanga CFI jurisdiction because piracy
PD 532 (An Act Punishing the Act of Aiding or Abetting
(qualified piracy at that!) can be prosecuted anywhere.
Piracy)
Pirates being hostes humani generis and piracy being a
Requisites: crime against humanity, it can be prosecuted anywhere
where any of the elements of the crime was committed.
1) Offender knowingly
Piracy has no territorial limits. Application also of
a) Aids of protects pirates; EXTRATERRITORIALITY principle. (Article 2, par. 5)
b) Acquires or receives property taken by
such pirates;
c) Directly or indirectly abets the People vs. Rodriguez, 135 SRA 485
commission of piracy.
MV Noria 767 vessel left Cagayan de Tawi- tawi
2) Directly or indirectly abets the commission of
going to Labuan w/ several traders and crew members on
piracy.
board. 2 or hours after its departure, a commotion
accrued in one of the cabins of the vessel.
ARTICLE 123 -- Qualified piracy Armed w/ bladed weapons and high caliber
firearms, the accused killed 36 persons and injured 4
The penalty of reclusion perpetua to
persons to accomplish their criminal purpose. About 10
death shall be imposed upon those
am in same day, the vessel reached an island where the
who commit any of the crimes
four accused were able to secure pump boats.
referred to in the preceding article,
under any of the following An information against the 4 appellants for
circumstances: piracy w/ AC of treachery, evident premeditation and the
use of superior strength was filed before CFI of Sulu and
S 1) When they have seized a vessel by
Tawi- tawi. They were arrested and detained by
boarding or firing upon the same;
Malaysian authorities. The NBI authorities fetched and
A 2) Whenever the pirates have abandoned brought them to Manila on Jan 8 1982, where they
their victims without means of saving themselves; executed their respective statements. They pleaded not
guilty, but were convicted of the crime charged and
M 3) Whenever the crime is accompanied by
sentenced with the penalty of DEATH.
murder, homicide, physical injuries or rape. (As
amended by Sec. 3, R.A. No. 7659) The 4 accused claimed that the trial court erred
in imposing the Death Penalty to them despite their plea
(Recall SAM)
of guilty.
Note:
a) Any of said crimes accompanying the
Held: PD 532 expressly provides that
commission of piracy becomes an element of qualified
qualified piracy is punishable by mandatory death.
piracy. As such, they cannot make the crime complex.
Hence, the mitigating circumstance of plea of guilt
b) There is qualified mutiny under Article 123, but cannot be appreciated in accuseds favor.
limited under par. 2 and 3 of Article 123.
People vs. Siyoh, Kiram, 141 SCRA 356
Julaide Siyoh and Omarkyam Kiram, together
People vs. Lol-lo and Saraw, 43 PR 19 with Namli Indanan and Andaw Jamahali were accused of
qualified piracy with triple murder and frustrated murder
On June 30, 1920, six vintas, manned by 24
Moros all armed, intercepted two Dutch boats (Matuta & On July 10, 1979, Antonio de Guzman together
Peta) in the Island of Buang and Bukid in the Dutch East with his friends who were also travelling merchants like
Indies. The moro first asked for food, but once on the him (Danilo Hiolen. Rodolfo de Castro and Anastacio de
Dutch boat, took all the cargo, attacked and killed the Guzman) were on their way to Pilas Island, Province of
men and raped two women by methods too horrible to Basilan, to sell goods they received from Alberto Aurea.
be described. The Muslim pirates Lol-Lo and Saraw, with
They left for Pilas Island at 2:00 p.m. of July 10,
their companions, put holes and abandoned victims
1979 on a pumpboat. They took their dinner and slept
without means of saving themselves and fled to Tawi-
that night in the house of Omar-kayam Kiram at Pilas
Tawi where they were arrested. The two challenged the

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Island. Who also helped them from selling their goods to Issue: Whether the imposition of Death penalty is
different Islands near Pilas. proper.
Before the incident happened, Antonio, the lone
survivor saw that Kiram was talking with another two
Held: Since the crime committed was a special
persons that he can only recognize in their faces
complex crime of qualified piracy with murder, the
somewhere near the house where they were selling the
penalty shall be death, regardless of number of persons
goods
killed during the piracy.
On July 14, 1979, When they were heading back
to Pilas Island from Baluk-Baluk Island through riding a
pumpboat where Siyoh positioned himself at the front R.A. 6235 (Ant--Aircraft Piracy or Hijacking Law of 1971)
while Kiram operated the engine.
Acts punished:
On the way to Pilas Island, Antonio de Guzman
1) Usurping or seizing control of an aircraft of
saw another pumpboat painted red and green about 200
Philippine registry, while it is in flight, and compelling the
meters away from their pumpboat Shortly after" Kiram
pilots thereof to change the course or destination.
turned off the engine of their pumpboat. Thereafter two
shots were fired from the other pumpboat as it moved 2) Usurping or seizing control of an aircraft of
towards them foreign registry, while within Philippine territory,
compelling the pilots thereof to land in any part of
There were two persons on the other pumpboat
Philippine territory.
who were armed with armantes. De Guzman recognized
them to be the same persons he saw Kiram conversing 3) Carrying or loading on board an aircraft
with in a house at Baluk-Baluk Island. operating as a public utility passenger aircraft in the
Philippines such flammable, corrosive, explosive or
When the boat came close to them, Kiram threw
poisonous substances.
a rope to the other pumpboat which towed de Guzman's
pump boat towards Mataja Island. 4) Loading, shipping or transporting on board a
cargo aircraft operating as a public utility in the
On the way to Mataja Island, Antonio de
Philippines flammable, corrosive or poisonous
Guzman and his companions were divested of their
substances, if not done in accordance with Air
money and their goods by Kiram. Thereafter Kiram and
Transportation Office rules and regulations.
his companions ordered the group of de Guzman to
undress. Aircraft is in flight -- from the moment all exterior
doors are closed following
Taking fancy on the pants of Antonio de Guzman, Kiram
embarkation, until such time when
put it on.
the same doors are again opened for
With everybody undressed, Kiram said 'It was disembarkation.
good to kill all of you'. After that remark, Siyoh hacked
Danilo Hiolen while Kiram hacked Rodolfo de Castro.
Antonio de Guzman jumped into the water. As he was
swimming away from the pump boat, the two
companions of Kiram fired at him, injuring his back. But
he was able to reach a mangrove where he stayed till
nightfall. When he left the mangrove, he saw the dead
bodies of Anastacio de Guzman, Danilo Hiolen and
Rodolfo de Castro. He was picked up by a fishing boat and
brought to the Philippine Army station at Maluso where
he received first aid treatment. Later he was brought to
the J.S. Alano Memorial Hospital at Isabela, Basilan
province.
On July 15, 1979, while waiting for the dead
bodies of his companions at the wharf, de Guzman saw
Siyoh and Kiram. He pointed them out to the PC and the
two were arrested before they could run.
They were convicted by the trial court for the
crimes of qualified piracy w/ triple murder and frustrated
murder and was sentenced to death.

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TITLE II CRIMES AGAINST FUNDAMENTAL LAWS OF THE ARTICLE 125 -- Delay in the delivery of detained
STATE persons.
Penalty imposed upon a public officer who
detains any person for some legal ground and fails to
ARTICLE 124 -- Arbitrary detention deliver such person to proper judicial authorities:

Any public officer or employee who 1) Within 12 hours for crimes punishable
detains, without legal grounds, a by light penalties;
person shall suffer: 2) Within 18 hours for crimes punishable
1) If detention has not exceeded three days; by correctional penalties;

x x x The commission of a crime, violent 3) Within 36 hours from crimes


insanity or any other ailment requiring the punishable by afflictive or capital penalties.
compulsory confinement of patient in a hospital
considered legal grounds for detention of persons.
Umil vs. Ramos, 187 SCRA 311
(Recall CIA)
Based on a confidential information, CAPCOM
Valid grounds for warrantless arrest: found that a member of an NPA was being treated for a
1) When a person to be arrested has actually gunshot wound in a hospital. On verification, they found
committed, is already committing, or attempting to Rolando Dural, a member of the NPA, and responsible for
commit an offense in his presence; the killing of 2CAPCOM soldiers the day before. He was
positively identified by eyewitnesses as the gunman who
2) When an offense has just been committed, and went on top of the hood of the CAPCOM mobile patrol
arresting officer has personal knowledge of facts car, and fired at the 2 CAPCOM soldiers in the car.
indicating that the person to be arrested has committed
it; and He was charged of Double Murder with Assault
upon Agents of Persons in Authority, docketed with no
3) When person to be arrested is an escaped bail.
prisoner.
A petition for habeas corpus was filed by
Probable cause reasonable ground of petitioners alleging that were being unlawfully detained
suspicion supported by circumstances sufficiently strong without probable cause.
in themselves to warrant a reasonable man in believing
that the accused to be arrested is probably guilty The respondents, in their respective Returns,
thereof. Act done in good faith. assert that the privilege of the writ is not available to the
petitioners as they have been legally arrested and are
- Facts and circumstances which could lead a detained by virtue of valid information filed in court
reasonable discreet and prudent man to against them.
believe that an offense has been committed
Held: The Court found, in its careful review, that
and that the object sought in connection
the detainees have not been illegally arrested nor
with the offense are in place sought to be
arbitrarily deprived of their constitutional right to liberty,
searched.
and that the circumstances attending these cases do not
warrant their release on habeas corpus. It invoked
Section 5, paragraphs (a) and (b) of Rule 113 of the Rules
Distinguish: Arbitrary detention vs. Illegal detention:
of Court, which justifies arrests without warrant.
1) In Arbitrary detention, principal offender is a
(a) When, in his presence, the person to be arrested has
public officer; in Illegal detention, principal offender is a
committed, is actually committing, or is attempting to
private person, or a public officer acting in a private
commit an offense;
capacity beyond the scope of his authority.
(b) When an offense has in fact just be committed, and
2) In Arbitrary detention, offender who is a public
he has personal knowledge of facts indicating that the
officer has a duty which carries with it the authority to
person to be arrested has committed it; x x x
make an arrest; in Illegal detention, the offender is a
private person, or a public officer who does not have the And based on the records of the case, it shows that the
authority or power to detain. detainees had freshly committed or were actually
committing an offense, when apprehended, so that their
arrests without warrant were clearly justified.

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d) In illegal detention, the offender is a private


individual; and the detention is legal from the beginning,
People vs. Burgos, 144 SCRA 1
but becomes illegal after a certain period of time when
One Cesar Masamlok surrendered to the offended party is not delivered to the proper judicial
authorities at the Davao del Sur Constabulary HQ. authorities within the specified period.
He testified that Ruben Burgos forcibly recruited
him as member of NPA. Burgos threatened him with the
ARTICLE 126 -- Delaying release
use of a firearm. Masamlok attended the seminar where
Burgos spoke about his membership with the NPA and Elements:
the organizations desire to overthrow the government.
1) That the offender is a public officer or
Pursuant to this information, PC-INP members employee.
went to house of accused. Accused was plowing the field
2) That there is a juridical or executive
when they arrived.
order for the release of a prisoner or detention
Pat. Bioco called accused and asked him about prisoner or there is a proceeding upon a
the firearm. Accused denied possession of said firearm petition for the liberation of such person.
but later, his wife pointed to a place below their house
3) That the offender without good
where a gun (homemade revolver, caliber .38 with Serial
reason:
No. 8.69221) was buried in the ground.
a) Delays the service of the
After the recovery of said firearm, accused
notice of such order to the prisoner;
pointed to a stock pile of cogon where the officers
recovered: b) Delays the performance of
such judicial or executive order for the release of
14 marron notebook
the prisoner, or the proceedings upon a petition
15 pamphlets: Ang Byan, Pahayagan ng Paritdo for the release of such person.
Komunista ng Pilipinas ets
Accused admitted that firearm was issued to
ARTICLE 127 -- Expulsion. The penalty of prision
him by Nestor Jimines, team leader of sparrow unit.
correccional shall be imposed upon any public officer or
Burgos was convicted by the trial court for Illegal employee who, not being thereunto authorized by law,
Possession of Firearms in Furtherance of Subversion. shall (1) expel any person from the Philippine Islands or
(2) shall compel such person to change his residence.
Held: SC reversed conviction and held that
warrantless arrest of petitioner Burgos void because
Burgos was not committing a crime when arrested.
Villavicencio v. Lukban, 39 PHIL 778
Policemen also had no personal knowledge Burgos was
probably guilty of illegal possession of firearms, except Justo Lukban, mayor of Manila, ordered the
for the polluted information of Cesar Masamlok who has district of ill-repute women closed. 170 women were
motive to testify against Burgos. It was tantamount to a deported to Davao without their knowledge and consent.
fishing expedition hence, the gun was inadmissible in The women were received as laborers in a banana
evidence. plantation. Some of the women were able to escape and
return to Manila. The attorney for the relatives and
friends of a considerable number of the deportees
Note: presented an application for habeas corpus to the
Supreme Court. The respondent moved to dismiss the
a) Shall fail to deliver to proper judicial authorities
case saying that those women were already out of their
does not mean physical delivery but the making of an
jurisdiction and that, it should be filed in the city of
accusation or charge, or filing of an Information against
Davao instead.
the person arrested, with the corresponding court or
judge. Held: The respondents had no authority to
deport the women. No official, no matter how high, is
b) Request for preliminary investigation the person
above the law. The respondents may not be permitted to
so arrested may request for a preliminary investigation,
restrain a fellow citizen of her liberty by forcing her to
but he must sign a waiver of Article 125.
change her domicile and to avow the act with impunity in
c) Article 125 does not apply when arrest is by virtue of the courts. The great writ of liberty may not be easily
a warrant of arrest. In such case, the accused can be evaded. No one of the defense offered constituted a
detained indefinitely.

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legitimate bar to the granting of the writ of habeas Elements (or punishable acts)
corpus
1) By procuring a search warrant without
These women despite their being in a sense just cause, or
lepers of society are nevertheless not chattels but
2) Though having procured the same with
Philippine citizens protected by the same constitutional
just cause:
guaranties as are other citizens to change their domicile
from Manila to another locality. On the contrary, a) By exceeding his authority, or
Philippine penal law specifically punishes any public
b) By using unnecessary severity in
officer who, not being expressly authorized by law or
executing this search warrant legally obtained.
regulation, compels any person to change his residence.
Search warrant- an order in writing issued in the name of
Mayor Lukban was primarily responsible for the
the People of the Philippines, signed by a judge and
unlawful deportation, who ordered the police to
directed to a peace officer, commanding him to search
accomplish the same, who made arrangements for the
for personal property described therein and bring it
steamers and the constabulary, who conducted the
before the court.
negotiations with the Bureau of Labor, and who later, as
the head of the city government, had it within his power 1) Subject of the offense;
to facilitate the return of the unfortunate women to
2) Stolen or embezzled and other proceeds or
Manila.
fruits of the offense; or
His intention to suppress the social evil was
3) Used or intended to be used as the means of
commendable. His methods were unlawful. His regard for
committing an offense.
the writ of habeas corpus issued by the court was only
tardily and reluctantly acknowledged. Validity: 10 days from its date. Thereafter it shall be void.
Stonehill v. Diokno, 20 SCRA 383
ARTICLE 128 -- Violation of domicile Respondent (prosecution) made possible the
issuance of 42 search warrants against the petitioner and
Penalty upon any public officer or employee
the corporation to search persons and premises of
who, not being authorized by judicial order, shall perform
several personal properties due to an alleged violation of
the following acts:
Central Bank Laws, Tariff and Custom Laws, Internal
En 1) Enter the dwelling against the will of Revenue Code and the Revised Penal Code of the
the owner thereof; Philippines. As a results, search and seizures were
conducted in the both the residence of the petitioner and
Se 2) Search papers or other effects found
in the corporation's premises.
therein without the previous consent of the owner, or
The petitioner contended that the search
Ref 3) Having surreptitiously entered said
warrants are null and void as their issuance violated the
dwelling and being required to leave, refuses to do so.
Constitution and the Rules of Court for being general
(Recall EnSeRef) warrants. He alleged that the search warrants (1) they do
not describe with particularity the documents, books and
Elements:
things to be seized; (2) cash money, not mentioned in the
1) That the offender is a public officer or warrants, were actually seized; (3) the warrants were
employee. issued to fish evidence against the aforementioned
petitioners in deportation cases filed against them; (4)
2) That he is not authorized by judicial
the searches and seizures were made in an illegal
order to enter the dwelling and/or to make a search for
manner; and (5) the documents, papers and cash money
papers and other effects.
seized were not delivered to the courts that issued the
a) Special aggravating circumstances are: warrants, to be disposed of in accordance with law
1) If committed at nighttime; 2) If any Thus, he filed a petition with the Supreme Court
papers or effects not constituting evidence of a crime are for certiorari, prohibition, mandamus and injunction to
not immediately returned, after a search is made by the prevent the seized effects from being introduced as
offender. evidence in the deportation cases against the petitioner.
The court issued the writ only for those effects found in
the petitioner's residence.
ARTICLE 129 -- Search warrants maliciously obtained
Held: Search warrants issued were violation of
and abuse in serve of those legally obtained
the Constitution and the Rules, thus, illegal or being

9
CRIMINAL LAW II

general warrants. There is no probable cause and warrant as in the case at bar, the application and/or its supporting
did not particularly specify the things to be seized. The affidavits must contain a specification, stating with
purpose of the requirement is to avoid placing the particularity the alleged subversive material he has
sanctity of the domicile and the privacy of published or is intending to publish. Mere generalization
communication and correspondence at the mercy of the will not suffice. Thus, the broad statement in Col.
whims, caprice or passion of peace officers. Abadilla's application that petitioner "is in possession or
has in his control printing equipment and other
Document seized from an illegal search warrant
paraphernalia, news publications and other documents
is not admissible in court as a fruit of a poisonous tee.
which were used and are all continuously being used as a
However, they could not be returned, except if warranted
means of committing the offense of subversion
by the circumstances.
punishable under Presidential Decree 885, as
Petitioners were not the proper party to amended ..." 12 is a mere conclusion of law and does
question the validity and return of those taken from the not satisfy the requirements of probable cause. Bereft of
corporations for which they acted as officers as they are such particulars as would justify a finding of the existence
treated as personality different from that of the of probable cause, said allegation cannot serve as basis
corporation. It is well settled that the legality of a seizure for the issuance of a search warrant and it was a grave
can be contested only by the party whose rights have error for respondent judge to have done so.
been impaired thereby, and that the objection to an
The search warrants are in the nature of general
unlawful search and seizure is purely personal and
warrants.
cannot be availed of by third parties.
Search warrants issued by respondent judge
Two points must be stressed in connection with
were declared null and void.
this constitutional mandate, namely: (1) that no warrant
shall issue but upon probable cause, to be determined by ARTICLE 130 Searching domicile without witnesses.
the judge in the manner set forth in said provision; and
Elements:
(2) that the warrant shall particularly describe the things
to be seized. 1) That the offender is a public officer or
employee.
Burgos v. Chief of Staff, 133 SCRA 800
2) That he searches the domicile, papers
Petitioners assail the validity of 2 search
or other belongings of any person.
warrants issued on December 7, 1982 by respondent
Judge Cruz-Pano of the then CFI of Rizal, under which the 3) That the owner, or any member in his
premises of the "Metropolitan Mail" and "We Forum" family, or two witnesses residing in the same
newspapers, respectively, were searched, and office and locality, are not present.
printing machines, equipment, paraphernalia, motor
vehicles and other articles used in the printing,
publication and distribution of the said newspapers, as ARTICLE 131 Prohibition, interruption and dissolution
well as numerous papers, documents, books and other of peaceful meeting
written literature alleged to be in the possession and
Elements:
control of petitioner Jose Burgos, Jr. publisher-editor of
the "We Forum" newspaper, were seized. 1) That the offender is a public officer or
employee.
As a consequence of the search and seizure,
these premises were padlocked and sealed, with the 2) That he performs any of the following
further result that the printing and publication of said prohibited acts:
newspapers were discontinued.
a) Prohibiting or interrupting the
Petitioners contended that there was no holding of a peaceful meeting or dissolving the
sufficient basis for the finding of a probable cause upon same, without legal ground.
which a warrant may validly issue.
b) Hindering any person from
Held: Probable cause for a search is defined as joining any lawful association or from attending
such facts and circumstances which would lead a any of its meetings.
reasonably discreet and prudent man to believe that an
c) Prohibiting or hindering any
offense has been committed and that the objects sought
person from addressing, either alone or
in connection with the offense are in the place sought to
together with others, any petition to the
be searched. And when the search warrant applied for is
authorities for the correction of abuses, or
directed against a newspaper publisher or editor in
redress of grievances.
connection with the publication of subversive materials,

10
CRIMINAL LAW II

Note: Baes, the parish priest of the Roman Catholic


Church of Lumban, Laguna, charged the accused with an
a) There is no legal ground to prohibit the meeting
offense against religion for causing the funeral of a
when the danger is not imminent, and the evil to be
member of the Church of Christ to pass through the
prevented is not a serious one.
churchyard fronting the Roman Catholic Church,
b) The offender must be a stranger, and not a belonging to said church and devoted to the religious
participant thereto. worship thereof. The parish priest opposed this, but
through force and threats of physical violence by the
c) The venue is not a religious place.
accused, was compelled to allow the funeral to pass
d) Even if its a religious ceremony attended by through the said churchyard.
members of religious sect but its done in a public place,
Issue: Whether or not the act complained of is
and its interrupted, the crime is Interruption of peaceful
notoriously offensive to the religious feelings of the
meeting under Article 131.
Catholics, thereby violating Article 133 of the RPC.
Held: The facts alleged in the complaint
ARTICLE 132 -- Interruption of religious worship constitute the offense defined and penalized in article
133 of the Revised Penal Code, and should the fiscal file
Note:
an information alleging the said facts and a trial be
a) Must be committed in a religious place and thereafter held at which the said facts should be
during a religious ceremeony or gathering otherwise, conclusively established, the court may find the accused
crime would be more of violation of Article 131 guilty of the offense complained of, or that of coercion,
(Prohibition, interruption and dissolution of peaceful or that of trespass under article 281 of the Revised Penal
meeting). Code.
b) This article refers to the exercise of religious Whether or not the act complained of is
manifestations, and not to quasi-religious ceremonies offensive to the religious feelings of the Catholics, is a
such as a mere house blessing. question of fact which must be judged only according to
the feelings of the Catholic and not those of other faithful
c) The crime may be committed by a public officer
ones.
or private person.
Laurel dissent: Offense to religious feelings
should not be made to depend upon the more or less
ARTICLE 133 -- Offending religious feelings broad or narrow conception of any given particular
religion, but should be gauged having in view the nature
Penalty is imposed upon anyone who, in a place
of the acts committed and after scrutiny of all the facts
devoted to religious worship or during the celebration of
and circumstance which should be viewed through the
any religious ceremony, shall perform acts notoriously
mirror of an unbiased judicial criterion. Otherwise, the
offensive to the feelings of the faithful
gravity or leniency of the offense would hinge on the
Note: subjective characterization of the act from the point of
view of a given religious denomination or sect, and in
a) The act must be directly to the religious belief
such a case, the application of the law would be partial
itself, and must be notoriously offensive to the feelings of
and arbitrary, withal, dangerous, especially in a country
the faithful. Otherwise, it is only unjust vexation.
said to be "once the scene of religious intolerance and
b) In People vs. Baes, (68 PR 203) the SC laid down persecution.
three tests of what acts constitute notoriously offensive
to the feelings of the faithful:
1) If act ridicules religious dogma.
2) If act mocks or scoffs at a religious ceremony.
3) If act destroys an object of veneration.
Further, SC held that what is notoriously
offensive depends on the feelings of the Catholic
faithful, or members of the religious congregation.

People v. Baes, 68 PHIL 203

11
CRIMINAL LAW II

TITLE III CRIMES AGAINST PUBLIC ORDER crime but only simple rebellion which absorbs common
crimes like murder, etc.
Held: SC sustained Enrile and held its only
ARTICLE 134 Rebellion and coup simple rebellion which absorbs common crimes like
murder, kidnapping committed on occasion or in
The crime of rebellion is committed 1) by rising furtherance thereof. Further, to allow complexing which
publicly and 2) by taking arms against the Government would result in death penalty would defeat purpose of
for the purpose of removing from the allegiance to said complex crimes which is to favor the accused, especially
Government or its law, the territory of the Republic of since this is a political offense treated with leniency
the Philippines, or any part thereof, of any body of land, which, according to Atty. Angel based on this case, is
naval or other armed forces, or depriving the Chief based on social contract theory which implicitly
Executive or the Legislature of any of their powers or recognizes peoples sovereign right to overthrow
prerogatives. existing government which no longer represents their
People vs. Hernandez, 99 Phil 515 interests.

About March 15, 1945, Amado Hernandez and


other appellants were accused of conspiring, Enrile vs. Hon. Judge Amin,189 SCRA 573
confederating and cooperating with each other, as well as
with the 31 defendants charged in the criminal cases of Along with complex crime of rebellion in QC
the CFI Manila. They were accused of being members of RTC, Enrile also charged for violation of P.D. 1829 which
PKP Community Party of the Philippines which was punishes act of Concealing or Harboring Fugitives. Enrile
actively engaged in an armed rebellion against the again filed MTQ Information alleging that simple rebellion
government. With the party of HUKBALAHAP (Hukbo ng necessarily absorbs also the act of concealing or
Bayan Laban sa mga Hapon), they committed the crime harboring fugitives under P.D. 1829.
of rebellion causing murder, pillage, looting plunder, etc., Held: SC sustained Enriile and held that
enumerated in 13 attacks. absorption theory in rebellion applies not only to
An appeal prosecuted by the defendants common crimes like murder, kidnapping committed in
regarding the judgment rendered by theCFI in Manila furtherance or on occasion thereof, but likewise applies
that rebellion cannot be a complex crime with murder, and extends to crimes punishable under special laws
arson or robbery. like P.D. 1829.

Held: The court ruled that murder, arson, and


robbery are mere ingredient of the crime of rebellion as Ocampo vs. Abando, 250 SCRA 389
means necessary for the perpetration of the offense.
Such common offense isabsorbed or inherent of the From 1985 to 1992, at least 100 people had been
crime of rebellion. Inasmuch as the acts specified in abducted, hog-tied, tortured and executed by members
Article 135 constitutes, one single crime it follows that of the Communist Party of the Philippines/New Peoples
said acts offer no occasion for the application of Article Army/National Democratic Front of the Philippines
48 which requires therefore the commission of at least (CPP/NPA/NDFP) pursuant to Operation Veneral Disease.
two crimes.*** Prosecutor Vivero recommended the filing of an
HERNANDEZ DOCTRINE Information for 15 counts of multiple murder against 54
named members of the CPP/NPA/NDFP, including
: Rebellion cannot be complexed with common crimes petitioners herein. The Information was filed before RTC
such as killings, destruction of property, etc., committed Hilongos, Leyte presided by Judge Abando.
on the occasion and in furtherance thereof. The thinking
is not anymore correct more so that there is no legal Judge Abando ordered the issuance of warrants of arrest
basis for such rule now. Rebellion constitutes ONLY ONE against them with no recommended bail for their
CRIME. *** temporary liberty. Petitioner Ocampo, however, sought
to annul the order through a special civil action for
Enrile vs. Salazar, 186 SCRA 217 certiorari and prohibition.
Senator Juan Ponce Enrile, et al arrested by
military for Complex crime of rebellion with murder and Petitioner Ocampo argued that a case for rebellion
multiple frustrated murder for failed coup attempt from against him and 44 others (including petitioners Echanis
November 29 to December 10, 1989 where President and Baylosisand Ladlad) was then pending before the RTC
Aquino was almost overthrown. He filed a Motion to Makati. Putting forward the political offense doctrine,
Quash Information because no such crime as complex petitioner Ocampo argues that common crimes, such as
murder in this case, are already absorbed by the crime of

12
CRIMINAL LAW II

rebellion when committed as a necessary means, in and fired. The man who shot Lucilo had three other
connection with and in furtherance of rebellion. companions with him, one of whom shot the fallen
policeman four times as he lay on the ground. Lucilo died
Whether or not the political offense may be used as the
on the same day of massive blood loss from multiple
grounds to dismiss the charge prior todetermination by
gunshot wounds on the face, the chest, and other parts
the trial court that the murders were committed in the
of the body.
furtherance of rebellion(NO)
Accused-appellant was found by the trial court
Under this doctrine, common crimes committed
guilty beyond reasonable doubt for the crime of murder.
in the furtherance of a political offense, are divested of
its common character and assume the political Issue: Whether accused-appellant is guilty of
complexion of the main crime. Thus, when the killing was murder or of rebellion.
is done in furtherance of a rebellion, it assumes the
Held: The crime committed by the appellant is
political complexion of a rebellion and it must be
murder and not rebellion. SC held that gravamen of
prosecuted as rebellion alone. b) Petitioners say that
offense in rebellion is public armed uprising. Certainly
records show the murders were done in furtherance of
the act of Lovedioro with two others in shooting a
rebellion and that the political motivation can be seen
policeman cannot constitute rebellion. Lovedioro has
from the charge against the groups top leaders as co-
burden of proof to establish that killing was done with
conspirators. The burden of proof is on the defense and
a political motive and he failed to discharge that
this must be adduced during the trial. c) If they were able
burden. Rather, it was a mere belated afterthought to
to prove it, then the remedy is provided by Sec. 14, Rule
mitigate his liability.
110 of the Rules of Court on the amendment or
substitution of a complaint or information.
When this is done before plea and it ARTICLE 134-A Coup detat
downgrades the nature of the offense, it can only be
Coup detat is a swift attack, accompanied by
done upon motion of the prosecutor with notice to the
violence, intimidation, threat, strategy or stealth,
offended party and leave of court. d) If at any time before
directed against duly-constituted authorities of the
judgement, it is shown that a mistake has been made in
Republic of the Philippines, or any military camp or
charging the proper offense, the court shall dismiss the
installation, communication networks, public utilities or
original complaint upon filing of the new one, as long as
other facilities needed for the exercise and continued
the accused is not placed in double jeopardy. e) In this
possession of power, singly or simultaneously, carried
case, however, though they were charged with an
out anywhere in the Philippines by any person or persons
Information for rebellion before RTC Makati, petitioners
belonging to the military or police or holding any public
already filed a petition before this Court to seek the
office or employment, with or without civilian support
nullification of the Orders of the DOJ denying their
or participation, for the purpose of seizing or
motion for the inhibition of the members of the
diminishing state power.
prosecution panel due to lack of impartiality and
independence. Also, they filed supplemental petitions to
enjoin the prosecution of the criminal case so that they
ARTICLE 135 -- Penalty for rebellion and coup d'etat.
were never arraigned. The Court finally dismissed the
Any person who promotes, maintains, or heads rebellion
rebellion case. f) The requisites for double jeopardy were
or insurrection shall suffer the penalty of reclusion
that a first jeopardy attached; it has been validly
perpetua.
terminated; and a second jeopardy is for the same
offense as in the first Any person merely participating or executing the
commands of others in a rebellion shall suffer the
The first jeopardy attaches only after the
penalty of reclusion temporal.
accused has been acquitted or convicted, or the case has
been dismissed or otherwise terminated without his Any person who leads or in any manner directs or
express consent, by a competent court in a valid commands others to undertake a coup d'etat shall suffer
indictment for which the accused has entered a valid plea the penalty of reclusion perpetua.
during arraignment. g) With the petitioners having never
Any person in the government service who participates,
been arraigned, the first jeopardy does not attach in this
or executes directions or commands of others in
case
undertaking a coup d'etat shall suffer the penalty of
People vs. Lovedioro, 250 SCRA 389 prision mayor in its maximum period.
Off-duty policeman SPO3 Jesus Lucilo was Any person not in the government service who
walking along a street when a man suddenly walked participates, or in any manner supports, finances, abets
beside him aimed the gun at the policeman's right ear
13
CRIMINAL LAW II

or aids in undertaking a coup d'etat shall suffer the 3) To inflict any act of hate or revenge
penalty of reclusion temporal in its maximum period. against the person or property of a public officer or
employee.
When the rebellion, insurrection, or coup d'etat shall be
under the command of unknown leaders, any person 4) To inflict any act of hate or revenge,
who in fact directed the others, spoke for them, signed for any political or social end, against private
receipts and other documents issued in their name, as persons or any social class; and
performed similar acts, on behalf or the rebels shall be
5) To despoil, for any political or social
deemed a leader of such a rebellion, insurrection, or
end, any person, municipality or province, or the National
coup d'etat.
Government, of all its property or any part thereof.
Article 136. -- Conspiracy and proposal to commit coup
d'etat, rebellion or insurrection. The conspiracy and
proposal to commit coup d'etat shall be punished by a) While rebellion intends to overthrow the
prision mayor in minimum period and a fine which shall existing duly-constituted government, sedition is much
not exceed eight thousand pesos (P8,000.00). more limited in scope as enumerated in Article 139.. Also
it is done tumultuously.
The conspiracy and proposal to commit rebellion or
insurrection shall be punished respectively, by prision
correccional in its maximum period and a fine which shall
ARTICLE 140 -- Penalty for sedition -- The leader of a
not exceed five thousand pesos (P5,000.00) and by
sedition shall suffer the penalty of prision mayor in its
prision correccional in its medium period and a fine not
minimum period and a fine not exceeding 10,000 pesos.
exceeding two thousand pesos (P2,000.00).
Other persons participating therein shall suffer the
Article 137 --Disloyalty of public officers or employees.
penalty of prision correccional in its maximum period
The penalty of prision correccional in its minimum
and a fine not exceeding 5,000 pesos.
period shall be imposed upon public officers or
employees who have failed to resist a rebellion by all the
means in their power, or shall continue to discharge the
ARTICLE 141 Conspiracy to commit sedition-- Persons
duties of their offices under the control of the rebels or
conspiring to commit the crime of sedition shall be
shall accept appointment to office under them.
punished by prision correccional in its medium period
(Reinstated by E.O. No. 187).
and a fine not exceeding 2,000 pesos. (Reinstated by
E.O. No. 187)
People vs Umali, 96 Phil 682
ARTICLE 138 -- Inciting to rebellion On the eve of the election, at the house
of Pasumbals father, Congressman Umali
Penalty shall be imposed upon any person who,
instructed Pasumbal to contact the Huks through
without taking arms or being in open hostility against the
Commander Abeng so that Punzalan would be killed. It
Government, shall incite others to the execution of any
would seem that Umali and Pasumbal had a feeling
of the acts specified in Article 134 of this code, by means
that Punzalan was going to win in the election and
of speeches, proclamations, writing, emblems, banners
that his death was the surest way to eliminate him from
or other representations tending to the same end.
the electoral fight.
In the evening of the same day, Pasumbal
ARTICLE 139 -- Sedition reported to Umali about his conference with
Commander Abeng, saying that the latter was agreeable
The crime of sedition is committed by persons
to the proposition and even outlines the manner of
who rise publicly and tumultuously in order to attain by
attack.
force, intimidation, or by other means outside of legal
methods, any of the following objects: After waiting for sometime, Abeng and his
troops numbering about fifty, armed with garlands and
1) To prevent the promulgation of a law,
carbines, arrived. Congressman Umali, holding a revolver,
or the holding of any popular election.
was seen in the company of Huk Commander Torio and
2) To prevent the National Government, about30 armed men. The shots were heard. Afterwards
or any provincial or municipal governrnent, or any public they saw Umali and his companions leave in the direction
officer thereof from freely exercising its or his functions, of Taguan, by way of railroad tracks.
or prevent the execution of any administrative order.
Held: The crime committed were not
rebellion but rather that of sedition. Where the purpose

14
CRIMINAL LAW II

of the raid and acts of the raiders in rising publicly and To make his propaganda more believable,
taking up arms, were not exactly against the accused wrote a fictitious letter which he annexed to the
Government and for the purpose of doing the things photograph. In the letter, the accused expressed his
defined in Article 134 of the Revised Penal Code under disgust over the administration of Roxas calling it a
rebellion, but rather, by means of force and government infested with Hitlers and Mussolins. He
intimidation, to inflict an act of hate or revenge upon then caused the publication of the said photograph
the person or property of a public official, the crime through both local and international media firms. After
committed is sedition. The raiders did not even attack trial, the Court of First Instance of Bohol found the
the seat of the local government rather, the object was accused guilty of the crime of inciting to sedition. The
to attain by means of force, intimidation, etc. one ruling of the CFI was later affirmed by the CA.
object, to inflict an act of hate or revenge upon the
Issue: WON accused-appellant is liable for the crime of
person or property of a public official.
inciting to sedition pursuant to Article 142 of the RPC.
Held: SC affirmed Espuelas conviction in
People vs Cabrera, 53 Phil 64 Bohol CFI and CA for violation of Article 142 for
circulating scurrilous libel against government. Asking
Seventy-seven members of the Philippine
people to put under juez de cuchillo all the Roxas people
Constabulary who rose publicly and tumultuously in
in power who are all crooks is Inciting to sedition
order to attain by force and outside of legal methods the
through scurrilous libel.
object of inflicting an act of hate or revenge upon the
police of the City of Manila were found guilty of the The violent and provocative statements made
crime of sedition as defined and punished by Act No. 292 by the accused against the state was neither
of the Philippine Commission. constructive nor with reason. Instead, it went beyond
the ambit of criticism legally permitted. In other words,
Held: The Philippine Law on sedition (Act
it was more than mere criticisms; it had the dangerous
No. 292), makes all persons who rise publicly and
tendency of appealing to the common mind suggesting
tumultuously in order to obtain by force or outside of
or inciting rebellious conspiracies and riots against the
legal methods any one of five objects, including that of
duly constituted government.
inflicting any act of hate or revenge upon the person or
property of any official or agent of the Insular
Government or of a provincial or municipal government,
Article 143 -- Act tending to prevent the meeting of the
guilty of sedition. In order to be a violation of paragraph
Assembly and similar bodies. The penalty of prision
3 of section 5 of Act No. 292, it is not necessary that the
correccional or a fine ranging from 200 to 2,000 pesos, or
offender be a private citizen and the offended party a
both, shall be imposed upon any person who, by force or
public functionary since the law makes no distinction
fraud, prevents the meeting of the National Assembly
between the persons to which it applies.
(Congress of the Philippines) or of any of its committees
or subcommittees, constitutional commissions or
committees or divisions thereof, or of any provincial
ARTICLE 142 Inciting to sedition
board or city or municipal council or board. (Reinstated
Penalty shall be imposed upon any person who, by E.O. No. 187).
without taking any direct part in sedition, 1) should
incite others to the accomplishment of any of the acts
which constitute sedition, by means of speeches, Article 144 -- Disturbance of proceedings. The penalty
proclamations, writing, emblems, cartoons, banners, or of arresto mayor or a fine from 200 to 1,000 pesos shall
other representations tending to the same end, or upon be imposed upon any person who disturbs the meetings
any person or persons who shall utter seditious words or of the National Assembly (Congress of the Philippines) or
speeches, write, publish or circulate scurrilous libels of any of its committees or subcommittees, constitutional
against the government , or any of the duly constituted commissions or committees or divisions thereof, or of
authorities thereof x x x. any provincial board or city or municipal council or board,
or in the presence of any such bodies should behave in
such manner as to interrupt its proceedings or to impair
Espuelas vs. People, 90 SCRA 524) the respect due it. (Reinstated by E.O. No. 187).
In 1974, Accused-appellant made it appear in a
photograph that he had hanged himself from a tree. The
ARTICLE 145 Violation of parliamentary immunity
photograph he named himself as Alberto Reveniera
who supposedly hanged himself due to his Martinez vs. Morfe, 44 SCRA 22;
disappointment with the national government.

15
CRIMINAL LAW II

Manuel Martinez and Fernando Bautista, Sr. 1) Founders, directors and president of the
were delegates to the 1972 Constitutional Convention. association.
Both were facing criminal prosecutions. Martinez was 2) Members of the association.
charged for falsification of a public document before the
sala of Judge Jesus Morfe. While Bautista was charged for
ARTICLE 148 -- Direct assault
violation of the Revised Election Code. The two were
later arrested, this is while the Constitutional Convention Penalty shall be imposed upon 1) Any person
was still in session. They now assail the validity of their who, without a public uprising, shall employ force or
arrest. They contend that under the 1935 Constitution, intimidation for the attainment of any of the purposes
they are immune from arrest because the charges upon enumerating in crimes of rebellion and sedition, OR 2)
which they were arrested are within the immunity. Shall attack, employ force, or seriously intimidate or
resist any person in authority or any of his agents, while
Issue: Whether or not Martinez and Bautista are
engaged in the performance of official duties, or on
immune from arrest.
occasion of such performance.
Held: No. There is, to be sure, a full recognition
Qualified when:
of the necessity to have members of Congress, and
likewise delegates to the Constitutional Convention. 1) Committed with a weapon.
They are accorded the constitutional immunity of
2) Offender is a public officer or employee.
senators and representatives from arrest during their
attendance at the sessions of Congress and in going to 3) Offender lays hands upon a person in authority.
and returning from the same except in cases of treason,
Note:
felony and breach of the peace. In the case at bar, the
crimes for which Martinez and Bautista were arrested a) Additional penalty for attacking ambassador or
fall under the category 0f breach of peace. Breach of minister. (R.A. 75)
the peace covers any offense whether defined by the
b) Offender must have prior knowledge that the
Revised Penal Code or any special statute. Therefore,
victim is a person in authority or an agent of the PIA and
Martinez and Bautista cannot invoke the privilege from
has intent to defy authorities.
arrest provision of the Constitution.
In relation to Article 6, Sec. 11 of 1987
Constitution which grants parliamentary immunity to a People vs. Delfino Beltran, 138 SCRA 521;
Senator or member of House of Representatives for all
In 1972, Mayor Quirolgico, angered by Delfino
offenses punishable by not more than six years
Beltran when he earlier shouted Oki ni inayo (Vulva of
imprisonment while Congress is in session.)
your mother), decided to go to the house of Beltran
together with the police. Without being provoked,
Beltran and 5 others shot at the Mayor and his
ARTICLE 146 -- Illegal assembly
companions while the latter were still inside the jeep.
Persons liable: Vicente Quirolgico, son of the Mayor, died, while the
Mayor and a patrolman suffered physical injuries.
1) The organizers or leaders of the meeting.
Beltrans group were convicted of murder and
2) Persons merely present at the meeting. (but must
double attempted murder with direct assault.
have common intent to commit the felony of illegal
assembly.) Held: SC affirmed conviction of Beltran for
double attempted murder with DIRECT ASSAULT
Note:
because they attacked and shot at mayors group while
a) Audience must be actually incited. If in the mayor (person in authority) and police (also in uniform)
meeting the audience is incited to the commission of were directly in the discharge of their official functions
rebellion or sedition, crime committed is ILLEGAL to maintain peace and order. Beltran et al could not
ASSEMBLY insofar as organizers or leaders and persons claim self-defense because they were the unlawful
present. The one inciting them is liable for the crime of aggressors when they fired without warning on mayors
INCITING TO REBELLION or SEDITION. group, and ran after mayors group after hitting them.

ARTICLE 147 -- Illegal association People vs. Dollantes, 151 SCRA 592;
Persons liable:

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A dance was being held in a fiesta; Pedro authorized to summon witnesses, refuses, without legal
Dollantes went to the dance floor while the Barangay excuse, to obey such summons, or being present before
Captain was still delivering his speech; there, Pedro any such legislative or constitutional body or official,
danced while brandishing his knife, and challenging refuses to be sworn or placed under affirmation or to
everyone. Barangay captain admonished him, and Pedro answer any legal inquiry or to produce any books,
and eight others attacked and stabbed him to death. papers, documents, or records in his possession, when
After the Brgy Capt. fell to the grounds, the perpetrators required by them to do so in the exercise of their
danced around and kicked his body. functions. The same penalty shall be imposed upon any
person who shall restrain another from attending as a
Held: SC affirmed conviction for Direct
witness, or who shall induce disobedience to a summon
Assault resulting in Murder because barangay captain,
or refusal to be sworn by any such body or official.
a person in authority, was killed and attacked while
directly performing his official functions.
Article 151. Resistance and disobedience to a person in
authority or the agents of such person. The penalty of
Justo vs CA, 99 Phil 453;
arresto mayor and a fine not exceeding 500 pesos shall
A dance was being held in a fiesta; Pedro be imposed upon any person who not being included in
Dollantes went to the dance floor while the Barangay the provisions of the preceding articles shall resist or
Captain was still delivering his speech; there, Pedro seriously disobey any person in authority, or the agents
danced while brandishing his knife, and challenging of such person, while engaged in the performance of
everyone. Barangay captain admonished him, and Pedro official duties.
and eight others attacked and stabbed him to death.
When the disobedience to an agent of a person in
After the Brgy Capt. fell to the grounds, the perpetrators
authority is not of a serious nature, the penalty of arresto
danced around and kicked his body.
menor or a fine ranging from 10 to P100 pesos shall be
Held: SC affirmed conviction for Direct imposed upon the offender.
Assault resulting in Murder because barangay captain,
ARTICLE 152 -- Persons in authority
a person in authority, was killed and attacked while
directly performing his official functions. Any person who is directly vested with
jurisdiction, whether as an individual or as a member of
some court or government corporation, board or
ARTICLE 149 -- Indirect assault commission. A barangay captain and a barangay
chairman shall also be deemed as a person in authority.
Elements:
Any person who, by direct provision of law, or
1) That a person in authority or his agent
by election or by appointment by competent authority, is
is the victim of any of the forms of direct assault
charged with the maintenance of public order and the
defined in Article 148.
protection and security of life and property, such as a
2) That a person comes to the aid of such barrio councilman, barrio policeman and a barangay
PIA or his agent. leader, and any person who comes to the aid of a person
in authority, shall be deemed an agent of a person in
3) That the offender makes use of force,
authority.
or intimidation, upon such person coming to the
aid of the PIA or his agent. Also, teachers, professors and persons charged
with the supervision of public or duly recognized private
a) Indirect assault can only be committed when a
schools, colleges and universities, and lawyers in the
direct assault is also committed.
actual performance of their professional duties, or on the
occasion of such performance, are deemed as persons in
authority.
Article 150. Disobedience to summons issued by the
National Assembly, its committees or subcommittees,
by the Constitutional Commissions, its committees,
subcommittees or divisions. Penalty X X X shall be
imposed upon any person who, having been duly
summoned to attend as a witness before the National
Assembly, (Congress), its special or standing committees
and subcommittees, the Constitutional Commissions and ARTICLE 153 - Tumults and other disturbances of public
its committees, subcommittees, or divisions, or before order.
any commission or committee chairman or member

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Punishable acts: Penalty shall be imposed upon any person who:


1) Causing any serious disturbance in 1) Shall discharge any firearm, rocket,
public peace, office or establishment. firecracker or their explosive calculated to case alarm or
danger.
2) Interrupting or disturbing public
performances, functions or gatherings, not 2) Shall instigate any charivari or other
included in Articles 131-132. disorderly meeting offensive to another or prejudicial to
public tranquility.
3) Making an outcry tending to incite
rebellion or sedition in any meeting, association 3) Shall, while wandering about at night or
or public place. while engaged in any other nocturnal amusement, shall
disturb the public peace.
4) Displaying placards or emblems which
provoke a disturbance of public order in such 4) Shall, while intoxicated, cause any public
place. disturbance or scandal not falling under Article 153.
5) Burying with pomp the body of a Note:
person who has been legally executed.
a) The act being punished here is producing alarm
Note: or danger as a consequence.
a) Serious disturbance must be planned or b) Charivari includes a medley of discordant
intended. voices, a mock serenade made of kettles, tin, horns
designed to annoy or insult.
b) Outcry to shout subversive or provocative
words tending to stir up the people to obtain by means
of force or violence any of the objects of rebellion or
ARTICLE 156 -- Delivering prisoners from jail
sedition.
Elements:
1) That there is a person confined in jail,
Article 154. Unlawful use of means of publication and
or penal establishment (detention included).
unlawful utterances. The penalty of arresto mayor and
a fine ranging from P200 to P1,000 pesos shall be 2) That the offender removes such
imposed upon: person, or helps the escape of such person.
1. Any person who by means of printing, a) Offender is usually an outsider.
lithography, or any other means of publication
b) Employment of violence, intimidation or bribery
shall publish or cause to be published as news
is not necessary.
any false news which may endanger the public
order, or cause damage to the interest or credit
of the State;
Alberto vs. dela Cruz, 98 SCRA 406;
2. Any person who by the same means, or by
Eligio Orbita, a Provincial guard, is prosecuted
words, utterances or speeches shall encourage
for the crime of Infedelity in the Custody of Prisoner,
disobedience to the law or to the constituted
defined and punished under Article 224 of the RPC.
authorities or praise, justify, or extol any act
During the cross-examination of prosecution witness Jose
punished by law;
Esmeralda, assistant provincial warden, a note was
3. Any person who shall maliciously publish or presented to such witness allegedly written by Gov.
cause to be published any official resolution or Armando Cledera asking Jose Esmeralda to send five men
document without proper authority, or before to work in the construction of a fence at his house
they have been published officially; or however the witness merely denied remembering who
handed to him the note as well as the genuineness of the
4. Any person who shall print, publish, or
signature. The defense filed a motion to include Cledera
distribute or cause to be printed, published, or
and Esmeralda as defendants.
distributed books, pamphlets, periodicals, or
leaflets which do not bear the real printer's Held: SC held that Governor Cledera could
name, or which are classified as anonymous. not be held liable under Article 156 because Delivering
prisoners from jail necessarily involves an OUTSIDER or
a person with no custody at all of the escaped prisoner.
ARTICLE 155 -- Alarms and scandal Neither can Gov. Cledera be held liable under Infidelity
in the Custody of Prisoners because this provision

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requires offender must have DIRECT and ACTUAL He appealed on the ground that Art.157 does
CUSTODY of escaped prisoner, which Gov. Cledera does not cover evasion of service of destierro because said
not have. Evasion through negligence is defined as Article refers only to persons who are imprisoned in a
definite laxity amounting to deliberate non- penal institution and completely deprived of their liberty.
performance of duty. He based his contention on the word imprisonment.
ARTICLE 157 -- Evasion of service of sentence Held: SC held that violation of the terms of
destierro also constitutes violation of service of
Elements:
sentence. This is because imprisonment which is
1) That the offender is a convict by final judgment. literal English translation is wrong, the correct
interpretation being Spanish which refers to
2) That he is serving his sentence consisting of
deprivation of liberty as penalty for conviction. And
deprivation of liberty.
certainly destierro is a form of deprivation of liberty as
3) That he evades the service of his sentence by punishment for an offense hence, entering Manila
escaping during the term of his sentence (by reason during the 2-year prohibited period constitutes
of final judgment). Violation of service of sentence also.

Qualified by: ARTICLE 158 -- Evasion of service of sentence on


occasion of disorder, conflagration, calamity
1) Means of unlawful entry.
Penalty shall be imposed upon any person who
2) By breaking doors, windows, gates, walls, roofs
shall evade service of his sentence, by leaving the penal
or floors.
institution where he shall have been confined, on the
3) By using picklocks, false keys, disguise, deceit, occasion of a disorder resulting from a conflagration,
violence or intimidation. earthquake, explosion or similar catastrophe by suffering
an increase of one-fifth of time still remaining to be
4) Through connivance with other convicts or
served, but not to exceed six months, if he fails to give
employees of the penal institution.
himself up within 48 hours following issuance of a
proclamation by the Chief Executive announcing passing
away of such calamity.
Tanega vs. Masakayan, 19 SCRA 564;
If convict gives himself up within 48 hours, he
Accused was convicted with slander but she
shall be entitled to a reduction under Article 98.
didnt serve her sentence.
Note:
Held: SC held that petitioner Adelaida
Tanega could not invoke prescription of penalty because 1) If the offender fails to give himself up, he gets an
prescription of penalty only commences upon her increased penalty.
evasion of service of sentence. In this case,
2) If the offender gives himself up, he is entitled to
prescription never even commenced to run in her favor
a reduction in his sentence.
because evasion of service of sentence presupposed
she was convicted, and put to jail, and evaded sentence
by escaping while in jail. Here she was never put to jail
ARTICLE 159 -- Other cases of evasion of service of
at all because she hid from the authorities upon her
sentence
conviction hence, in effect, there was no evasion of
sentence to speak of at all. Penalty shall be imposed upon any convict who,
having been granted conditional pardon by the Chief
Executive, shall violate any of the conditions of such
People vs. Abilong, 82 SCRA 172; pardon.
Florentino Abilong was charged in the Court of Note:
First Instance of Mnila with evasion of service of sentence
a) Violation of conditional pardon is a distinct
imposed upon him of destierro in which he should not
crime. Conditions extend to special laws.
enter any place within the radius of 100 meters from the
City of manila for the crime of robbery. Upon b) Offender must be found guilty of subsequent
arraignment, he pleaded guilty and was sentenced to 2 offense before he can be prosecuted under Article 159.
yrs 4 mos and 1 day of prision coreccional.
Torres vs Gonzales, 152 SCRA 272

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Petitioner was convicted of Estafa but was People vs. Dioso, 132 SCRA 616
granted with conditional pardon that he would not again
Dioso, along with Abarca, was serving sentence
violate any of the penal laws of the Philippines.
in Muntinglupa for robbery. While serving sentence, he
The Board later recommended to the President committed another felony, that of murder for the killing
the cancellation of this pardon on the basis that the of a certain Angelito Reyno, a rival gang member which
petitioner had been charged with 20 counts of estafa he stabled to death.
pending before RTC Quezon.
Held: SC affirmed his conviction and being a
Record also shows that petitioner had been quasi-recidivist for committing a new felony (murder)
convicted of sedition in 1985 but has been pending on while serving sentence for robbery, the maximum
appeal. Other NBI records show that a long list of penalty for the new felony (murder) shall be applied,
charges had been filed against petitioner during the last which is DEATH penalty, regardless of any mitigating or
20 yrs, of which some had been dismissed. aggravating circumstances attending the commission of
the crime.
Petitioner claims he did not violate the
conditional pardon because he has not been convicted by TITLE IV CRIMES AGAINST PUBLIC INTEREST
final judgment of any of the crimes.
Held: No. He did not breach the conditional
pardon. A convict granted conditional pardon who is Article 161. Counterfeiting the great seal of the
recommitted must of course be convicted by final Government of the Philippine Islands, forging the
judgment of a court of the subsequent crime or crimes signature or stamp of the Chief Executive. The penalty
with which he was of reclusion temporal shall be imposed upon any person
chargedbefore the criminal penalty for suchsubsequent who shall forge the Great Seal of the Government of the
offense can be imposed upon. The parolee or convict Philippine Islands or the signature or stamp of the Chief
who is regarded as having violated the provisions Executive.
thereof must be charged, prosecuted and convicted by
final judgment before he can be made to suffer the Article 162. Using forged signature or counterfeit seal or
penalty under 159. stamp. The penalty of prision mayor shall be imposed
upon any person who shall knowingly make use of the
counterfeit seal or forged signature or stamp mentioned
ARTICLE 160 Commission of another crime during in the preceding article.
service of penalty for another previous offense a) The offender should not be the forger here also.
Elements:
1) That the offender was already ARTICLE 163 -- Making and importing and uttering false
convicted by final judgment. coins
2) That offender committed a new felony Elements:
before beginning to serve such sentence, or
while serving the same. 1) That there be false or counterfeit coins.

a) Quasi-recidivism -- is a special aggravating 2) That the offender either made,


circumstance where a person, after having been imported or uttered such coins.
convicted by final judgment of a previous offense, shall 3) That in case of uttering such false or
commit a new felony before beginning to serve such counterfeit coins, he connived with the
sentence, or while serving the same. counterfeiters or importers.
b) First crime which the offender is serving a) Coin is also or counterfeited if it is forged, or if it
sentence need not be felony (could be mala in se or mala is not authorized by the government as legal tender,
prohibita. But the new offense must be a felony (mala in regardless of its intrinsic value.
se).
b) To utter is to pass counterfeited coins, including
c) Not required that the two offenses are delivery or the act of giving them away.
embraced in the same title of this Code.
c) Former coins withdrawn from circulation may
d) Being special aggravating circumstance, it also be counterfeited but coins of foreign country are not
cannot be offset by ordinary mitigating circumstances. included.

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CRIMINAL LAW II

People vs. Kong Leon, 48 OG 661 a) Actually uttering


Accused Kong Leon was arrested for possession b) Knowledge
of U.S. gold coins already out of circulation and charged
Note:
with counterfeiting of gold coins. He set up the defense
that counterfeiting only includes coins still in circulation. a) Does not require legal tender.
Held: SC affirmed his conviction for b) Accused must have knowledge of the fact that
counterfeiting. This is because counterfeiting of coins the coin is false.
are not limited to coins still in circulation, but also
extends to coins OUT of circulation or already
withdrawn by the state, the legislative intent being to ARTICLE 166 -- Forging treasury or bank notes or other
curb counterfeiting and preclude the possibility that the documents payable to bearer; importing and uttering
counterfeiter may only be honing his skills and later the same
apply his trade to counterfeiting coins still in actual
Punishable acts:
circulation.
1) Forging or falsification of treasury or
bank notes or other documents payable to bearer.
ARTICLE 164 -- Mutilation of coins
2) Importation of such false or forged
Punishable acts: obligations or notes.
1) Mutilating coins of the legal currency, 3) Uttering of such false or forged
with the further requirement that there be obligations or notes in connivance with the forgers or
intent to damage or defraud another. importers.
2) Importing or uttering such mutilated Note:
coins with the further requirement that there
a) Notes and other obligations and securities that
must be connivance with the mutilator or
may be forged or falsified under Article 166: Treasury
importer in case of uttering.
or bank notes; certificates; and other obligations and
Note: securities, payable to bearer
a) Mutilation of foreign currency not included.
b) Mutilation is the offense of taking off part of the ARTICLE 167 -- Counterfeiting, importing and uttering
metal either by filing it or substituting it for another instruments payable to bearer
metal of interior quality.
Elements:
c) Coins must be in legal tender and still in
1) That there be an instrument payable to
circulation, unlike in counterfeiting of coins which can
order or other such document of credit not payable to
apply to coins already withdrawn or out of circulation.
bearer.
2) That the offender either forged,
ARTICLE 165 -- Selling of false or mutilated coins imported or uttered such instrument.
without connivance
3) That in case of uttering, he connived
Punishable acts: with the forger or importer.
1) Possession of coin, counterfeited or
mutilated by another person, with intent to
ARTICLE 168 -- Illegal possession and use of false
utter the same, knowing that it is false or
treasury or bank notes and notes payable to bearer.
mutilated.
Elements:
Elements:
1) That any treasury or bank notes or
a) Possession; b) With intent to utter;
certificate or other obligations and security payable to
2) Knowledge bearer or any instrument payable to order or other
document of credit not payable to bearer is forged or
3) Actually uttering such false or mutilated
falsified by another person.
coin, knowing the same to be false or mutilated.
2) That the offender knows that any of
Elements:
those instruments is forged or falsified.

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3) That he performs any of these acts: instruments payable to bearer or to order. On the other
hand, Falsification is the commission of any of the eight
a) Using any of such forged or falsified
(8) acts mentioned in Article 171 of legislative, public,
instruments.
official, commercial or private documents, or wireless, or
b) Possession with intent to use any of telegraphic messages.
such forged or falsified instruments.
b) The crime of Falsification must involve a writing
which is a document in the legal sense.
ARTICLE 169 -- Forgery. How committed. c) Classification of documents:
Forgery is committed by any of the following 1) Public document -- a) a document
means: created, executed or issued by a public official in
response to exigencies of the public service, or in
1) By giving to a treasury or bank note or
execution 9of which a public official intervened; b) an
any instrument payable to bearer or order the
instrument authorized by a notary public, or a
appearance of a true genuine document.
competent public official with the solemnities required
2) By erasing, substituting, counterfeiting by law.
or altering by any means the figures, letters, words or
2) Official document -- document issued
signs contained therein.
by a public official in the exercise of the functions of his
office; also considered a public document.
People vs. Galano, 54 OG 897 3) Commercial document defined and
regulated by the Code of Commerce or other commercial
The accused Galano wrote Victory at the back
law.
of P1-bill which is a pre-war treasury note and used it to
buy 4 balut eggs, and make it appear to be a genuine pre- 4) Private document a deed or
war treasury note. This is because by affixing the word instrument executed by a private person without the
Victory in this pre-war treasury notes, they can now be intervention of a notary public, or other person legally
used as legal tender after the war, per government policy. authorized, by which document, some disposition or
agreement is provided, evidenced or set forth.
Held: SC affirmed conviction under Article
st
169, 1 par. which was by giving to a treasury or bank
note the appearance of a true genuine document
d) Importance of classification:
although it was, in fact, already withdrawn from
circulation. 1) In private documents, criminal liability will not
arise, unless there is damage caused to a third person.
Mere falsity will not bring about criminal liability.
2) In public or commercial documents, criminal
liability can arise although no third person suffered
damage. Intent to cause damage is immaterial since what
is being punished is the violation of the sanctity of the
ARTICLE 170 -- Falsification of legislative documents. public document.
Elements:
1) That there be a bill, resolution or
ordinance enacted or approved or pending
approval by the National Assembly or any
provincial board or municipal council.
2) That the offender alters the same. ARTICLE 171 Falsification by public officer of public
documents.
3) That he has no proper authority.
Penalty shall be imposed upon any public officer
4) That the alteration has changed the
or employee or notary who, taking advantage of his
meaning of the document.
official position, shall falsify a document by committing
Note: any of the following acts:
a) Forgery as used in Article 169 refers to the C 1) Counterfeiting or imitating any
falsification and counterfeiting of treasury notes or any handwriting, signature or rubric.

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CRIMINAL LAW II

C 2) Causing to appear that persons have position of Clerk in the Office of Municipal Secretary for a
participated in any act or proceeding when they in fact certain complainant, Jesusa Carreon. Truth, however, is
did not participate. that no such position existed and no money in the
plantilla allocated for such purpose. Hence, the complaint
A 3) Attributing to persons who have
for Falsification against Mayor Siquian who argued that
participated in an act or proceeding statements other
he acted in good faith, and had no criminal intent to
than those in fact made by them.
cause harm or damage.
S 4) Making untruthful Statements in a
Held: The SC affirmed his conviction and
narration of facts.
held all requisites for Falsification are present, thus:
T 5) Altering True dates.
P 1) A Public officer taking advantage of his
A 6) Making any Alteration or intercalation public position
in a genuine document which changes its meaning.
U 2) Making Untruthful statement in a
I 7) Issuing in an authenticated form a narration of facts.
document purporting to be a copy of an original when no
L 3) Has Legal obligation to disclose the
such original exists, or including in such copy a statement
truth.
contrary to, or different from, that of the genuine
document. A 4) Such narration of facts is Absolutely
false. (Recall PULA)
R 8 Intercalating any instrument or note
Relative to the issuance thereof in a protocol, Registry or SC pointed out that Mayor Siquian was
official book. certainly a public officer who took advantage of his
public position when he issued that untruthful
(Recall CCASTAIR)
statement which is absolutely false, and who has the
Elements: legal obligation to disclose the truth in issuing such
Certification. The Certification being a public document,
1) That the offender is a public officer,
criminal intent or intent to cause damage is immaterial
employee or notary public.
because what is being punished is the destruction of
2) That he takes advantage of his official truth being solemnly proclaimed in said public
position. document.
Requisites: Absolutely false means there is no iota of
colorable truth in such narration of facts.
a) That offender has a duty to make or
prepare or otherwise intervene in the preparation of the
document.
ARTICLE 172 -- Falsification by private individual and
b) That offender has official custody of the use of falsified documents.
document which he falsified.
Punishable acts:
c) That offender performs any of the
1) Falsification of public, official or
following eight (8) criminal acts.
commercial document by a private individual.
Note:
2) Falsification of private document by any
a) In par. f, g and h, document must be a genuine person.
document.
Note:
b) Falsification may be committed by simulating or
a) Possessor of a falsified document is
fabricating a document.
presumed to be the author of the falsification.
c) In case offender is an ecclesiastical minister, the
b) Damage, or intent to cause damage, is
act of Falsification is committed with respect to any
not necessary in Article 172, par. 1.
record or document of such character that its falsification
may affect civil status of persons. c) In Falsification of a private document,
the offender must have counterfeited the false
document, and he must have performed an independent
Siquian vs. People, 171 SCRA 223) act which operates to the prejudice of a third person,
unlike in Falsification of public document where damage
Mayor Siquian issued a Certification that
is immaterial.
position exists and funds are available therefor for the

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CRIMINAL LAW II

d) Falsification as a means to commit Penalty shall be imposed:


Estafa/Malversation when a document is falsified
1) Any physician or surgeon who, in
through any of the acts of Falsification enumerated under
connection with the practice of his profession, shall issue
Article 171 and such Falsification is a necessary means to
a false certificate; and
commit Estafa or Malversation crime is a complex
crime of Estafa/Malversation through Falsification of 2) Any public officer who shall issue a false
Public Document. Document falsified, however, must be certificate of merit or service, good conduct or similar
a public, official or commercial document. circumstances.
e) If document falsified is a private a) Also covers a private individual who falsified a
document which requires another independent act of the certificate falling in the classes mentioned in nos. 1 and 2.
falsification in order to defraud another -- crime is only
one crime of Falsification of a Private Document, and not
a complex crime anymore because the deceit involved in
Estafa here is absorbed in the deceit in Falsification of a
ARTICLE 175 -- Using false certificates
Private Document.
Elements:
1) That a physician or surgeon has issued
Dava vs. People, 202 SCRA 62
a false medical certificate, or a public officer has
Petitioner Dava bumped two pedestrians, where issued a false certificate of merit of service, good
one died and the other suffered serious physical injuries. conduct or similar circumstances.
His license was confiscated pending trial for two felonies,
2) That the offender knew that the
Homicide and Serious Physical Injuries through Reckless
certificate was false.
Imprudence. More than one year later, he was arrested in
possession and use of a fake license. 3) That he used the same.
Held: SC affirmed his conviction for
violation of Article 172 for Falsification by private
ARTICLE 176 Manufacturing and possession of
individual and use of falsified documents. Being in
instruments or implements for falsification
possession and use of a fake and falsified license which
is a public document, he is also presumed to be the Punishable acts:
author thereof. Further, the license being a public
1) Making or introducing into the
document, intent to cause damage is immaterial. The
Philippines any stamps, dies, marks or other
suspicious circumstances in obtaining license after over
instruments or implements for counterfeiting.
one hour from application through intervention of fixers
also gave rise to presumption that license was fake or 2) Possession with intent to use the
falsified. instruments or implements for counterfeiting or
falsification made in or introduced into the
Philippines by another person.
ARTICLE 173 -- Falsification of wireless, cable, telegraph
and telephone messages, and use of falsified messages
ARTICLE 177 -- Usurpation of authority or official
Punishable acts:
functions
1) Uttering fictitious wireless telegraph or
Penalty shall be imposed upon any person who
telephone messages.
1) shall knowingly and falsely represent himself to be an
2) Falsifying wireless, telegraph or officer, agent or representative of any department or
telephone messages. agency of the Philippine government, or of any foreign
government, or who, under pretense of official position,
3) Using such falsified messages.
2) shall perform any act pertaining to an person in
a) Private individual cannot be a principal by direct authority or public officer of the Philippine government x
participation under Article 173, unless he is an employee x x without being lawfully entitled to do so.
of a corporation engaged in the business of sending or
Note:
receiving wireless, telegraph or telephone messages.
1) There must be a positive, express and explicit
representation.
ARTICLE 174 -- False medical certificates, false
certificates of merit or service, etc.

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CRIMINAL LAW II

2) To be liable, the offender should have b) Witness who gave false testimony is liable even
misrepresented himself to be an officer, agent or if the testimony was not considered by the court.
representative of any department or agency of the
government; or should have performed an act pertaining
to a person in authority, or public officer. Article 180 -- False testimony against a defendant.
Any person who shall give false testimony against the
defendant in any criminal case shall suffer:
ARTICLE 178 Using fictitious name and concealing true
1. The penalty of reclusion temporal, if the
name
defendant in said case shall have been
Elements: (Using fictitious name) sentenced to death;
1) That the offender uses a name other 2. The penalty of prision mayor, if the defendant
than his real name. shall have been sentenced to reclusion temporal
or reclusion perpetua;
2) That he uses that fictitious name
publicly. 3. The penalty of prision correccional, if the
defendant shall have been sentenced to any
3) That the purpose of the offender is
other afflictive penalty; and
a) To conceal a crime.
4. The penalty of arresto mayor, if the defendant
b) To evade the execution of a judgment. shall have been sentenced to a correctional
penalty or a fine, or shall have been acquitted.
c) To cause damage to public interest.
In cases provided in subdivisions 3 and 4 of this article
the offender shall further suffer a fine not to exceed
Elements: (Concealing true name) 1,000 pesos.
1) That the offender conceals Article 181 -- False testimony favorable to the
defendants. Any person who shall give false testimony
a) His true name.
in favor of the defendant in a criminal case, shall suffer
b) All other personal circumstances. the penalties of arresto mayor in its maximum period to
prision correccional in its minimum period a fine not to
2) That the purpose is only to conceal his
exceed 1,000 pesos, if the prosecution is for a felony
identity.
punishable by an afflictive penalty, and the penalty of
arresto mayor in any other case.
Article 179. Illegal use of uniforms or insignia. Penalty
shall be imposed upon any person who shall publicly
Article 182 -- False testimony in civil cases. Any
and improperly make use of insignia, uniforms or dress
person found guilty of false testimony in a civil case shall
pertaining to an office not held by such person or to a
suffer the penalty of prision correccional in its minimum
class of persons of which he is not a member.
period and a fine not to exceed 6,000 pesos, if the
amount in controversy shall exceed 5,000 pesos, and the
ARTICLE 180 -- False testimony against a defendant penalty of arresto mayor in its maximum period to
prision correccional in its minimum period and a fine not
Elements:
to exceed 1,000 pesos, if the amount in controversy shall
1) That there be a criminal proceeding. not exceed said amount or cannot be estimated.
2) That offender testifies falsely under
oath against the defendant.
ARTICLE 183 -- Perjury
3) That offender who gives testimony that
Elements:
it is false.
A/S 1) That the accused made a Statement
4) That defendant against whom false
under oath, or executed an Affidavit upon a material
testimony is given is either acquitted or convicted in a
matter.
final judgment.
C 2) That the statement or affidavit was
Note:
made before a Competent officer, authorized to receive
a) Defendant must be sentenced to at least a and administer oath.
correctional penalty or a fine, or must be acquitted.

25
CRIMINAL LAW II

A 3) That in that statement or affidavit, the showed he was never enrolled at Cosmopolitan and
accused made a willful and deliberate Assertion of Harvardian Colleges.
falsehood.
L 4) That the sworn statement or affidavit
ARTICLE 184 -- Offering false testimony in evidence.
containing the falsity is required by Law.
(Subornation in perjury)
(Recall A/SCAL)
Elements:
Note:
1) That the offender offered in evidence a
a) Material matter is the main fact which is the false witness or false testimony.
subject of the inquiry or any circumstance which tends to
2) That he knew the witness the witness,
prove that fact, or any fact or circumstance which tends
or the testimony was false.
to corroborate or strengthen the testimony relative to
the subject or inquiry or which legitimately affects the 3) That the offer was made in a judicial or
credit of any witness who testifies. official proceeding.
b) Oath is any form of attestation by which a Note:
person signifies that he is bound in conscience to form an
a) Applies when the offender induces a witness to
act faithfully and truthfully.
testify falsely.
c) Affidavit is a sworn statement in writing.

ARTICLE 185 -- Machinations in public auction


Diaz vs. People, 191 SCRA 86
Penalty shall be imposed upon any person who
Petitioner Reolandi Diaz stated in his Personal 1) shall solicit any gift or promise as a consideration for
Data Sheet (PDS) or CSC Forum 212 that he was a four refraining from taking part in any public auction, and any
year BA student in 1950-1954 at Cosmopolitan and person who 2) shall attempt to cause bidders to stay
Harvardian Colleges for purposes of his away from an auction by threats, gifts, promise or any
promotion/reappointment as School Administrative other artifice, with intent to cause the reduction of the
Assistance at Jose Abad Santos High School. These thing auctioned.
statements later turned out to be false so he was
prosecuted for Falsification. Pampanga CTFI held him
liable for Falsification, which IAC affirmed. Held: SC Ouano vs. CA, 188 SCRA 799)
modified the IAC and CFI decision, and instead
Ouano and Echavez agreed that Ouano will
convicted him for Perjury. All elements of perjury are
desist, as well as another buyer, in the bidding of 3,710
present, thus:
square meters of land in Mandawe, Cebu owned by DBP
A/S 1) It was an Affidavit/Statement under while they had an internal agreement that they would
oath upon a material matter. later divide the property between them. The owner of
the land, DBP, however, refused to approve their internal
C 2) By a Competent officer authorized to
arrangement, and sold property to Echavez alone. CFI
administer oath.
and CA affirmed sale to Echavez exclusively so Ouano
A 3) Containing deliberate Assertion of filed petition for certiorari to SC.
falsehood.
Held: SC modified CFI and CA decision and
L 4) Such sworn statement or Affidavit is FORFEITED land in favor of state. SC declared the entire
required by Law, or for legal purposes. (Recall A/SCAL) sale to Echavez void because it was sold in a manner
contrary to law, and constituted a violation of Article
The CSC Form 212 was a Statement under oath
185, or Machinations in public auction where the
where affiant swears to the truth of all the contents
bidders caused other bidders to stay away from auction
therein, and duly sworn to before a competent officer.
to reduce the price of thing auctioned. Article 1411 of
Because it was a sworn statement under oath, crime is
the Civil Code was also applied.
Perjury, and not Falsification. It was a material matter
because such statement was for a legal purpose, which
is for his reappointment/promotion as School
Article 186. Monopolies and combinations in restraint of
Administrative Assistant of Jose Abad Santos National
trade. The penalty of prision correccional in its
High School. It contained a deliberate assertion of
minimum period or a fine ranging from 200 to 6,000
falsehood because records and investigation later
pesos, or both, shall be imposed upon:

26
CRIMINAL LAW II

1. Any person who shall enter into any contract Article 187-- Importation and disposition of falsely
or agreement or shall take part in any conspiracy marked articles or merchandise made of gold, silver, or
or combination in the form of a trust or other precious metals or their alloys. The penalty of
otherwise, in restraint of trade or commerce or prision correccional or a fine ranging from 200 to 1,000
to prevent by artificial means free competition pesos, or both, shall be imposed on any person who shall
in the market; knowingly import or sell or dispose of any article or
merchandise made of gold, silver, or other precious
metals, or their alloys, with stamps, brands, or marks
2. Any person who shall monopolize any which fail to indicate the actual fineness or quality of said
merchandise or object of trade or commerce, or metals or alloys.
shall combine with any other person or persons
Any stamp, brand, label, or mark shall be deemed to fail
to monopolize and merchandise or object in
to indicate the actual fineness of the article on which it is
order to alter the price thereof by spreading
engraved, printed, stamped, labeled or attached, when
false rumors or making use of any other article
the rest of the article shows that the quality or fineness
to restrain free competition in the market;
thereof is less by more than one-half karat, if made of
3. Any person who, being a manufacturer, gold, and less by more than four one-thousandth, if made
producer, or processor of any merchandise or of silver, than what is shown by said stamp, brand, label
object of commerce or an importer of any or mark. But in case of watch cases and flatware made of
merchandise or object of commerce from any gold, the actual fineness of such gold shall not be less by
foreign country, either as principal or agent, more than three one-thousandth than the fineness
wholesaler or retailer, shall combine, conspire or indicated by said stamp, brand, label, or mark.
agree in any manner with any person likewise
Article 188. Subsisting and altering trade-mark, trade-
engaged in the manufacture, production,
names, or service marks. The penalty of prision
processing, assembling or importation of such
correccional in its minimum period or a fine ranging from
merchandise or object of commerce or with any
50 to 2,000 pesos, or both, shall be imposed upon:
other persons not so similarly engaged for the
purpose of making transactions prejudicial to 1. Any person who shall substitute the trade
lawful commerce, or of increasing the market name or trade-mark of some other
price in any part of the Philippines, of any such manufacturer or dealer or a colorable imitation
merchandise or object of commerce thereof, for the trademark of the real
manufactured, produced, processed, assembled manufacturer or dealer upon any article of
in or imported into the Philippines, or of any commerce and shall sell the same;
article in the manufacture of which such
2. Any person who shall sell such articles of
manufactured, produced, or imported
commerce or offer the same for sale, knowing
merchandise or object of commerce is used.
that the trade-name or trade- mark has been
If the offense mentioned in this article affects any food fraudulently used in such goods as described in
substance, motor fuel or lubricants, or other articles of the preceding subdivision;
prime necessity, the penalty shall be that of prision
3. Any person who, in the sale or advertising of
mayor in its maximum and medium periods it being
his services, shall use or substitute the service
sufficient for the imposition thereof that the initial steps
mark of some other person, or a colorable
have been taken toward carrying out the purposes of the
imitation of such mark; or
combination.
4. Any person who, knowing the purpose for
Any property possessed under any contract or by any
which the trade-name, trade-mark, or service
combination mentioned in the preceding paragraphs, and
mark of a person is to be used, prints,
being the subject thereof, shall be forfeited to the
lithographs, or in any way reproduces such
Government of the Philippines.
trade-name, trade-mark, or service mark, or a
Whenever any of the offenses described above is colorable imitation thereof, for another person,
committed by a corporation or association, the president to enable that other person to fraudulently use
and each one of its agents or representatives in the such trade-name, trade-mark, or service mark
Philippines in case of a foreign corporation or association, on his own goods or in connection with the sale
who shall have knowingly permitted or failed to prevent or advertising of his services.
the commission of such offense, shall be held liable as
A trade-name or trade-mark as herein used is a word or
principals thereof.
words, name, title, symbol, emblem, sign or device, or
any combination thereof used as an advertisement,

27
CRIMINAL LAW II

sign, label, poster, or otherwise, for the purpose of


enabling the public to distinguish the business of the
person who owns and uses said trade-name or trade-
mark.
A service mark as herein used is a mark used in the sale
or advertising of services to identify the services of one
person and distinguish them from the services of others
and includes without limitation the marks, names,
symbols, titles, designations, slogans, character names,
and distinctive features of radio or other advertising.

ARTICLE 189 -- Unfair competition, fraudulent


registration of trademark, tradename or service mark
Punishable acts:
a) Selling his goods, giving them the
general appearance of the goods of another
manufacturer or dealer (unfair competition)
b) Affixing to his goods or using in
connection with his services a false designation
of origin, or any false description or
representation; selling such goods or services
(fraudulent designation of original; false TITLE V -- COMPREHENSIVE DANGEROUS DRUGS ACT
description).
c) Procuring fraudulently from the patent
office the registration of trade name, trademark Read R.A. 9165 (amending R.A. 6425); also Read
or service mark. Comprehensive Dangerous Drugs Act: by Dascil and
Aquino
Note:
a) Mere offer to sell completes the crime.
Section 1. Short Title. This Act shall be known and cited
b) Evidence of actual fraudulent intent is not as the "Comprehensive Dangerous Drugs Act of 2002"
necessary.

SALIENT FEATURES:
The new law provides for several new salient
features among which are as follows:
1. It increases the range of penalties;
2. It lowers the number of grams from 200 to 10 in
order to make the offense of possession non-
bailable;
3. It denies the applicability of the rules on plea
bargaining;
4. It makes the probation law inapplicable. A
convicted drug pusher or trafficker, regardless of
the penalty imposed, cannot be allowed to avail
of the probation law.
5. It imposes the maximum penalties on members
of law enforcement agencies found guilty of
planting evidence.

28
CRIMINAL LAW II

Article 1 Definition of terms US vs. Chan Guy Juan (23 Phil. 105)

(j) Dangerous Drugs. Include those listed in the Facts: Sometime in May 1910, the steamer Ton-Yek
Schedules annexed to the 1961 Single Convention on anchored in the Bay of Calbayog, Samar. A Chines
Narcotic Drugs, as amended by the 1972 Protocol, and in named Lee See, one of the passengers,
the Schedules annexed to the 1971 Single Convention on disembarked and went to the house of the
Psychotropic Substances as enumerated in the attached appellant, Chan Guy Juan in the town of Calbayog
annex which is an integral part of this Act. and engaged in a lengthy conversation. Lee See
then returned to the boat and the appellant
employed one Isidro Cabinico to go alongside of
Note: Under the old law, the steamer with his baroto and receive from the
dangerous drugs refer either to said ee See a certain sack containing, as the
prohibited drug or regulated appellant said, sugar.
drug. The new law conforms with
the internationally accepted
definition of dangerous drugs. On arriving at the steamer, Lee See, who was on
There is no distinction between deck, tied a rope around the sack, and lowered it
the two (2) categories under the into Cabinicos baroto. The latter, while on his way
new law. to the house of the appellant with the sack and its
contents, was arrested and the contents of the
sack examined and found to consist of a small
Article II Unlawful Acts and Penalties amount of sugar and twenty-eight (28) cans of
opium. This opium was confiscated by the local
authorities. The case against Cabanico was
Section 4: Importation of Dangerous Drugs and/or dismissed while those against the two Chinesemen
Controlled PRecursors and Essential Chemicals; were proceeded with , resulting in the conviction
of both.

Section 5. Sale, Trading, Administration, Dispensation,


Delivery, Distribution and Transportation of Dangerous Held: The High Court held that the law never
Drugs and/or Controlled Precursors and Essential intended to hold a person guilty of the possession
Chemicals. of the prescribed drug when in fact he merely had
the custody of the same without knowledge of its
nature, and this court so held in disposing of the
Section 6. Maintenance of a Den, Dive or Resort where case against Cabinico. But it is equally clear that
any dangerous drug is used or sold in any form the law never intended the possession of the drug
should be limited to mere manual touch or
personal custody. Upon such a holding, a guilty
Section 8. Manufacture of Dangerous Drugs and/or principal could often escape by taking the
Controlled Precursors and Essential Chemicals. precaution to never have the drug in his actual
possession, and thus defeat the intent of the law.
The words "having possession of" must therefore
Section 11. Possession of Dangerous Drugs be extended to include constructive possession;
that is, the relation between the owner of the drug
and the drug itself when the owner is not in actual
In order for possession to be perfected, three (3) things physical possession, but when it is still under his
are required: 1) occupancy; 2) apprehension or taking; control and mangement and subject to his
and 3) that the taking be with an intent to possess disposition. It is immaterial whether Lee See or
(animus possidendi) Chan Guy Juan was the real owner of the opium
found in the sack of sugar. The evidence shows
both were guilty principals in the effort to land the
Note that not only actual possession is being opium from the steamer.
punished by the law, but likewise constructive
possession.
Cabinico was the innocent agent of the defendant
in this case, and the responsibility for carrying the

29
CRIMINAL LAW II

opium ashore therefore reverts to this defendant.


One who employs an innocent agent to commit a
Section 21. Custody and Disposition of Confiscated,
crime is liable as a principal, although he does
Seized, and/or Surrendered Dangerous Drugs, Plant
nothing to further himself in the actual
Sources of Dangerous Drugs, Controlled Precursors and
commission of the crime.
Essential Chemicals, Instruments/Paraphernalia and/or
Laboratory Equipment. The PDEA shall take charge and
have custody of all dangerous drugs, plant sources of
R.A. NO. 6245 R.A. NO. 9165
dangerous drugs, controlled precursors and essential
40 grams or more of 10 grams or more of opium chemicals, as well as instruments/paraphernalia and/or
opium laboratory equipment so confiscated, seized and/or
surrendered, for proper disposition in the following
40 grams or more of 10 grams or more of morphine manner:
morphine
40 grams or more of 10 grams o more of heroin
heroin (1) The apprehending team having initial custody and
control of the drugs shall, immediately after seizure and
40 grams or more of 10 grams or more of cocaine or confiscation, physically inventory and photograph the
cocaine or cocaine cocaine hydrochloride same in the presence of the accused or the person/s
hydrochloride from whom such items were confiscated and/or seized. x
200 grams or more 50 grams or more of shabu or xx
of shabu or methylamphetamine hydrochloride
methylamphetamine
hydrochloride (2) Within twenty-four (24) hours upon
confiscation/seizure of dangerous drugs, plant sources of
50 grams or more of 10 grams or more of marijuana dangerous drugs, controlled precursors and essential
marijuana resin or resin or marijuana oil chemicals, as well as instruments/paraphernalia and/or
marijuana oil laboratory equipment, the same shall be submitted to
750 grams or more 500 grams or more of marijuana the PDEA Forensic Laboratory for a qualitative and
of Indian hemp or quantitative examination;
marijuana
NO COUNTERPART 10 grams or more of other (3) A certification of the forensic laboratory examination
dangerous drugs, such as but not results, which shall be done under oath by the forensic
limited to laboratory examiner, shall be issued within twenty-four
methylenedioxymethamphetamine (24) hours after the receipt of the subject item/s x x x
(MDMA) or ecstasy,
paramethoxyamphetamine (PMA),
trimethoxyamphetamine (TMA), (4) After the filing of the criminal case, the Court shall,
lysergic acid diethylalmine (LSD), within seventy-two (72) hours, conduct an ocular
gamma hydroxybutyrate (GHB) , inspection of the confiscated, seized and/or surrendered
and those similarly designed or dangerous drugs, plant sources of dangerous drugs, and
newly introduced drugs and their controlled precursors and essential chemicals, including
derivatives. the instruments/paraphernalia and/or laboratory
equipment, and through the PDEA shall within twenty-
four (24) hours thereafter proceed with the destruction
or burning of the same, in the presence of the accused
or the person/s from whom such items were confiscated
and/or seized, or his/her representative or counsel, a
Section 15. Use of Dangerous Drugs representative from the media and the DOJ, civil society
groups and any elected public official. The Board shall
draw up the guidelines on the manner of proper
Section 16. Cultivation or Culture of Plants Classified as disposition and destruction of such item/s which shall be
Dangerous Drugs or are Sources Thereof. borne by the offender: Provided, That those item/s of
lawful commerce, as determined by the Board, shall be
donated, used or recycled for legitimate purposes:
Section 19. Unlawful Prescription of Dangerous Drugs

30
CRIMINAL LAW II

Provided, further, That a representative sample, duly Section 33. Immunity from Prosecution and
weighed and recorded is retained; Punishment. Notwithstanding the provisions of Section
17, Rule 119 of the Revised Rules of Criminal Procedure
and the provisions of Republic Act No. 6981 or the
(5) The Board shall then issue a sworn certification as to Witness Protection, Security and Benefit Act of 1991, any
the fact of destruction or burning of the subject item/s person who has violated Sections 7, 11, 12, 14, 15, and
which, together with the representative sample/s in the 19, Article II of this Act, who voluntarily gives information
custody of the PDEA, shall be submitted to the court about any violation of Sections 4, 5, 6, 8, 10, 13, and 16,
having jurisdiction over the case. In all instances, the Article II of this Act as well as any violation of the
representative sample/s shall be kept to a minimum offenses mentioned if committed by a drug syndicate, or
quantity as determined by the Board; any information leading to the whereabouts, identities
and arrest of all or any of the members thereof; and who
willingly testifies against such persons as described
(6) The alleged offender or his/her representative or above, shall be exempted from prosecution or
counsel shall be allowed to personally observe all of the punishment for the offense with reference to which
above proceedings and his/her presence shall not his/her information of testimony were given, and may
constitute an admission of guilt. In case the said offender plead or prove the giving of such information and
or accused refuses or fails to appoint a representative testimony in bar of such prosecution: Provided, That the
after due notice in writing to the accused or his/her following conditions concur:
counsel within seventy-two (72) hours before the actual
(1) The information and testimony are necessary
burning or destruction of the evidence in question, the
for the conviction of the persons described
Secretary of Justice shall appoint a member of the public
above;
attorney's office to represent the former;
(2) Such information and testimony are not yet
in the possession of the State;
(7) After the promulgation and judgment in the criminal
(3) Such information and testimony can be
case wherein the representative sample/s was presented
corroborated on its material points;
as evidence in court, the trial prosecutor shall inform the
Board of the final termination of the case and, in turn, (4) the informant or witness has not been
shall request the court for leave to turn over the said previously convicted of a crime involving moral
representative sample/s to the PDEA for proper turpitude, except when there is no other direct
disposition and destruction within twenty-four (24) hours evidence available for the State other than the
from receipt of the same; and information and testimony of said informant or
witness; and
(5) The informant or witness shall strictly and
Section 23. Plea-Bargaining Provision. Any person
faithfully comply without delay, any condition or
charged under any provision of this Act regardless of the
undertaking, reduced into writing, lawfully
imposable penalty shall not be allowed to avail of the
imposed by the State as further consideration
provision on plea-bargaining.
for the grant of immunity from prosecution and
punishment.
Section 24. Non-Applicability of the Probation Law for Provided, further, That this immunity may be enjoyed by
Drug Traffickers and Pushers. Any person convicted for such informant or witness who does not appear to be
drug trafficking or pushing under this Act, regardless of most guilty for the offense with reference to which
the penalty imposed by the Court, cannot avail of the his/her information or testimony were given: Provided,
privilege granted by the Probation Law or Presidential finally, That there is no direct evidence available for the
Decree No. 968, as amended. State except for the information and testimony of the
said informant or witness.
Section 25. Qualifying Aggravating Circumstances in the
Commission of a Crime by an Offender Under the
Influence of Dangerous Drugs. Notwithstanding the
Section 68. Privilege of Suspended Sentence to be
provisions of any law to the contrary, a positive finding
Availed of Only Once by a First-Time Minor Offender.
for the use of dangerous drugs shall be a qualifying
The privilege of suspended sentence shall be availed of
aggravating circumstance in the commission of a crime by
only once by an accused drug dependent who is a first-
an offender, and the application of the penalty provided
time offender over fifteen (15) years of age at the time of
for in the Revised Penal Code shall be applicable.
the commission of the violation of Section 15 of this Act

31
CRIMINAL LAW II

but not more than eighteen (18) years of age at the time controlled precursors and essential chemicals,
when judgment should have been promulgated. and other similar controlled substances, and
assist, support and coordinate with other
government agencies for the proper and
Section 77. The Dangerous Drugs Board. The Board effective prosecution of the same; x x x
shall be the policy-making and strategy-formulating body
in the planning and formulation of policies and programs
on drug prevention and control. It shall develop and
adopt a comprehensive, integrated, unified and balanced
national drug abuse prevention and control strategy. It
shall be under the Office of the President. People vs. Barros (231 SCRA 557)

Section 82. Creation of the Philippine Drug Enforcement Facts: Francis Yag-as and James Ayan, embers of
Agency (PDEA). To carry out the provisions of this Act, the Philippine Constabulary (PC), Mountain
the PDEA, which serves as the implementing arm of the Province Command, rode in a bus bound for
Board, and shall be responsible for the efficient and Sabangan, Mountain Province. Upon reaching
effective law enforcement of all the provisions on any Chackchakan, Bontoc, Mountain Province, they
dangerous drug and/or controlled precursor and essential saw the accused carrying a carton and put the
chemical as provided in this Act. same under his seat. Upon reaching Sabangan,
the police officers searched the carton and
found marijuana. They invited the accused to
Section 84. Powers and Duties of the PDEA. The PDEA the detachment for questioning. The latter
shall: denied the ownership of said carton. The trial
court decided against the Accused.
(a) Implement or cause the efficient and
effective implementation of the national drug
control strategy formulated by the Board x x x
Held: The general rule is that a search and
(b) Undertake the enforcement of the seizure must be carried out through or with a
provisions of Article II of this Act relative to the judicial warrant; otherwise such search and
unlawful acts and penalties x x x seizure becomes "unreasonable" within the
meaning of the above quoted constitutional
(c) Administer oath, issue subpoena and
provision. The evidence secured thereby-i.e., the
subpoena duces tecum relative to the conduct
"fruits" of the search and seizure-will be
of investigation involving the violations of this
inadmissible in evidence "for any purpose in any
Act;
proceeding.'
(d) Arrest and apprehend as well as search
all violators and seize or confiscate, the effects
or proceeds of the crimes x x x; The requirement that a judicial warrant must be
obtained prior to the carrying out of a search
(e) Take charge and have custody of all
and seizure is, however, not absolute. There are
dangerous drugs and/or controlled precursors
certain exceptions recognized in our law, one of
and essential chemicals seized, confiscated or
which relates to the search of moving vehicles.
surrendered to any national, provincial or local
Peace officers may lawfully conduct searches of
law enforcement agency, if no longer needed for
moving vehicles-automobiles, trucks,
purposes of evidence in court;
etc.without need of a warrant, it not being
(f) x x x ; practicable to secure a judicial warrant before
searching a vehicle, since such vehicle can be
(g) Recommend to the DOJ the forfeiture of
quickly moved out of the locality or jurisdiction
properties and other assets of persons and/or
in which the warrant may be sought. In carrying
corporations found to be violating the provisions
out warrantless searches of moving vehicles,
of this Act and in accordance with the pertinent
however, peace officers are limited to routine
provisions of the Anti-Money-Laundering Act of
checks, that is, the vehicles are neither really
2001;
searched nor their occupants subjected to
(h) Prepare for prosecution or cause the physical or body searches, the examination of
filing of appropriate criminal and civil cases for the vehicles being limited to visual inspection.
violation of all laws on dangerous drugs,

32
CRIMINAL LAW II

It might be supposed that the non-admissibility


of evidence secured through an invalid
When, however, a vehicle is stopped and
warrantles arrest or a warrantless search and
subjected to an extensive search, such a
seizure may be waived by an accused person.
warrantless search would be constitutionally
The a priori argument is that the invalidity of an
permissible only if the officers conducting the
unjustified warrantless arrest, or an arrest
search have reasonable or probable cause to
effected with a defective warrant of arrest may
believe, before the search, that either the
be waived by applying for and posting of bail for
motorist is a law-offender or the contents or
provisional liberty, so as to estop an accused
cargo of the vehicle are or have been
from questioning the legality or constitutionality
instruments or the subject matter or the
of his detention or the failure to accord him a
proceeds of some criminal offense.
preliminary investigation. We do not believe,
however, that waiver of the latter (by, e.g.,
applying for and posting of bail) necessarily,
In the case at bar, however, we have been
constitutes, or carries with it, waiver of the
unable to rind in the record of this case any
former--an argument that the Solicitor General
circumstance which constituted or could have
appears to be making impliedly. Waiver of the
reasonably constituted probable cause for the
non-admissibility of the "fruits" of an invalid
peace officers to search the carton box allegedly
warrantless arrest and of a warrantless search
owned by appellant Barros. The carrying of such
and seizure is not casually to be presumed, if the
a box by appellant onto a passenger bus could
constitutional right against unlawful searches
not, by itself, have convinced M/Sgt. Francis Yag-
and seizures is to retain it's vitality for the
as and S/ Sgt. James Ayan either that the
protection of our people. In the case at bar,
appellant was a law violator or the contents of
defense counsel had expressly objected on
the box were instruments or the subject matter
constitutional grounds to the admission of the
or proceeds of some criminal offense. The
carton box and the four (4) kilos of marijuana
carrying of carton boxes is common practice
when these were formally offered in evidence by
among our people, especially those coming from
the prosecution. We consider that appellant's
the rural areas since such boxes constitute the
objection to the admission of such evidence was
most economical kind at luggage possible. The
made clearly and seasonably and that, under the
peace officers here invalved had not received
circumstances, no intent to waive his rights
any information or "tip-off" from an informer;
under the premises can be reasonably inferred
nor such a "tip-off" was alleged by the police
from his conduct before or during the trial.
officers before or during the trial. The police
officers also did not contend that they had
detected the odor of dried marijuana, or
The accused silence during the warrantless
appellant Barros; had acted suspiciously in the
search should not be lightly taken as consent to
course of boarding the bus and taking a seat
that search, but rather a "demonstration of
during the trip to Sabangan, nor in the course of
regard for the supremacy of law" As a result
being asked whether he owned the carton box
thereof, appellant is convicted of the crime
later ascertairred to contain four (4) kilos of
charged.
marijuana.

Section 90. Jurisdiction. The Supreme Court shall


So far as the record itself is concerned,
designate special courts from among the existing
therefore, it would appear that there existed no
Regional Trial Courts in each judicial region to exclusively
circumstance which might reasonably have
try and hear cases involving violations of this Act. The
excited the suspicion of the two (2) police
number of courts designated in each judicial region shall
officers riding in the same bus as appellant.
be based on the population and the number of cases
There was, in brief, no basis for a valid
pending in their respective jurisdiction.
warrantless arrest. Accordingly, the search and
seizure of the carton box was equally non- The DOJ shall designate special prosecutors to exclusively
permissible and invalid. The "fruits" of the handle cases involving violations of this Act.
invalid search and seizure-i.e., the four (4) kilos
The preliminary investigation of cases filed under this
Of marijuana-should therefore not have been
Act shall be terminated within a period of thirty (30) days
admitted in evidence against appellant.
from the date of their filing.

33
CRIMINAL LAW II

When the preliminary investigation is conducted by a


public prosecutor and a probable cause is established,
the corresponding information shall be filed in court
within twenty-four (24) hours from the termination of
the investigation. If the preliminary investigation is
conducted by a judge and a probable cause is found to
exist, the corresponding information shall be filed by the
proper prosecutor within forty-eight (48) hours from the
date of receipt of the records of the case.
Trial of the case under this Section shall be finished by TITLE VI -- CRIMES AGAINST PUBLIC MORALS
the court not later than sixty (60) days from the date of
the filing of the information. Decision on said cases shall (Offenses against Decency and Good Customs)
be rendered within a period of fifteen (15) days from the
date of submission of the case for resolution.
Article 200 -- Grave scandal
Elements:
1) Offender performs an act or acts.
2) Such act or acts are highly scandalous
as offending against decency or good customs.
3) The highly scandalous conduct is not
expressly falling within any other article of this
Code.
4) The act or acts complained of be
committed in a public place or within the public
knowledge or view.
Note:
a) Distinction should be made as to the place
where the offensive act was committed:
1) If in public place, there is criminal liability
irrespective of whether the immoral act was in open
public view.
2) If in private place, public view is required.

Article 201 -- Immoral doctrines, obscene publications


and indecent shows
Penalty shall be imposed upon:
1) Those who shall publicly expound or
proclaim doctrines openly contrary to public morals;
2) (a) The authors of obscene
literature, published with their knowledge if any form;
the editors publishing such literature; and the
owners/operators of the establishment selling the same.
(b) Those who, in theaters, fairs,
cinematographs or any other place, exhibit indecent or
immoral plans, scenes, acts or shows, whether live or in
film, x x x which (1)glorify criminals or condone crimes;
(2) serve no other purpose but to satisfy the market for
violence, lust or pornography; (3) offend any race or
religion; (4) tend to abet traffic in and use of prohibited

34
CRIMINAL LAW II

drugs; and (5) are contrary to law, public order, morals, 4) Any person who, not being included in
good customs, established policies, lawful orders, the provisions of other articles of this Code, shall be
decrees and edicts; found loitering in any inhabited or uninhabited place
belonging to another without any lawful or justifiable
(3) Those who shall sell, give away or
purpose;
exhibit films, prints, engraving, sculptures or literature
which are offensive to morals. 5) Prostitutes or women who, for money
or profit, habitually indulge in sexual intercourse or
lascivious conduct.
People vs. Aparici, 52 OG 249
Held: The test of obscenity is its tendency to
deprave or corrupt those whose minds are susceptible to
such immoral influences, and whether or not such act,
publication or performance shocks the ordinary and
common sense of men as indecency. The perceptible and
discernible reaction of the public or audience
witnessing the act will determine whether it is indecent
or not. When the dancer had nothing on except a too
abbreviated pair of nylon panties to interrupt her stark
nakedness, and the spectators were howling and
shouting, Sige muna, sige, nakakalibog, it was clear
that her dancing was indecent.

People vs. Padan, 101 PR 749


On September 14, 1953, police raided a toro
show in Tondo, Manila where Marina Padan was caught
in the act of sexual intercourse with Mr. Cosme, her toro
partner.
Held: Test of obscenity is whether or not it is TITLE VII CRIMES AGAINST PUBLIC OFFICERS
devoid of any socially redeeming value. An actual
exhibition of the sexual act, preceded by acts of
lasciviousness, can have no redeeming features. One
can see nothing but clear and unmitigated obscenity, Article 203 -- Requisites to be a public officer.
indecency and an offense to public morals, inspiring Requisites to be a public officer:
nothing but lust and lewdness, and exerting a
corrupting influence on the youth of the land. 1) Taking part in the performance of
public functions in the Government or
performance in said Government or in any of its
Article 202 -- Vagrants and prostitutes branches public duties as an employee, agent or
subordinate official of any rank or class.
The following are vagrants:
2) That his authority to take part in the
1) Any person having no apparent means performance of public functions or to perform
of subsistence yet who has the physical ability to work public duties must be:
and neglects to apply himself or herself to some lawful
calling; L a) By direct provisions of Law.

2) Any person found loitering about E b) By popular Election.


public or semi-public buildings or places or tramping or A c) By appointment by competent
wandering about the country, or the streets without Authority.
visible means of support;
3) Any idle or dissolute person who lodges
in houses of ill-fame; ruffians or pimps and those who
habitually associate with prostitutes;

35
CRIMINAL LAW II

CRIMES OF MALFEASANCE AND MISFEASANCE IN 3) That he delays the administration of


OFFICE justice.
1) MISFEASANCE -- improper performance of 4) That the delay is malicious, or caused
some act which might lawfully be done. by the judge with deliberate intent to inflict
damage on either party in the case.
2) MALFEASANCE -- performance of some act
which ought not to be done.
3) NONFEASANCE -- omission of Article 208 -- Prosecution of offenses: negligence and
some act which ought to be tolerance.
performed.
Elements:
1) Maliciously refraining from instituting
Article 204 -- Knowingly rendering unjust judgment. prosecution against violators of the law.
Elements: 2) Maliciously tolerating the commission
of offenses.
1) That the offender is a judge.
PREVARICACION -- this is dereliction of duty
2) That he renders a judgment in a case
when knowing the commission of a crime, offender does
submitted to him for decision.
not cause the prosecution of the criminal, or knowing
3) That judgment is unjust. that a crime is about to be committed, offender merely
tolerates its commission. Offender must also act with
4) That judge knows that his judgment is
malice and deliberate intent to favor the violator of the
unjust.
law.

Article 205 -- Judgment rendered through


Article 209 -- Betrayal of trust by an attorney or
negligence. .
solicitor. Revelation of secrets.
Elements:
Punishable acts:
1) That offender is a judge.
1) Causing damage to his client, either:
2) That he renders a judgment in a case
a) by any malicious breach of professional
submitted to him for decision.
duty; or
3) That judgment is manifestly unjust.
b) Inexcusable negligence or ignorance.
4) That it is due to his inexcusable (Must establish damage to client)
negligence or ignorance.
2) Revealing any of the secrets of his
client learned by him in his professional capacity.
(Damage is not necessary)
3) Undertaking the defense of the
opposing party in the same case, without the
Article 206 -- Unjust interlocutory order. Any judge consent of his first client, after having
who shall knowingly render an unjust interlocutory undertaken the defense of the first client, or
order or decree shall suffer the penalty of arresto mayor after having received confidential information
in its minimum period and suspension; but if he shall from said client. (But if there is consent, there
have acted by reason of inexcusable negligence or is no crime.)
ignorance and the interlocutory order or decree be
manifestly unjust, the penalty shall be suspension.
Article 210 -- Direct bribery.
Punishable acts:
Article 207 -- Malicious delay in the administration of
justice. 1) Agreeing to perform, or by performing,
in consideration of any offer, promise, gift or
Elements:
promise, an act constituting a crime, in
1) That the offender is a judge. connection with the performance of his official
duties.
2) That there is a proceeding in his court.

36
CRIMINAL LAW II

2) Accepting a gift in consideration of the necessary that the officer would do any particular act or
execution of an act which does not constitute a even promise to do an act, as it is enough that he accepts
crime, in connection with the performance of gifts by reason of his office.
his official duty.
3) Agreeing to refrain, or by refraining,
Article 211-A -- Qualified bribery.
from doing something which is his official duty
to do, in consideration of gift, promise, or Any public officer who, entrusted with law
reward. enforcement, refrains from arresting or prosecuting an
offender who has committed a crime punishable by
Note:
reclusion perpetua and/or death, in consideration of any
a) Must be in the discharge or performance of his offer, promise, gift or present, shall suffer the penalty for
official duties. the offense which was not prosecuted.

Dacumos vs. Sandiganbayan, 195 SCRA 833 Article 212 -- Corruption of public official.
The petitioner, a revenue examiner of BIR, Penalty shall be imposed upon any person who
offered to settle the tax liability of R. Revilla Interiors in shall have made the offer or promise or given the gifts or
the amount of 35,000.00 instead of P73,307.31. The presents.
manager of the firm reported the matter to the NBI and
entrapment was arranged. Petitioner accepted the
tendered white enveloped containing money previously Article 213 -- Frauds against national treasury and
dusted, and then he was arrested. Petitioner Dacumos similar offenses.
set up defense of instigation and that charges against him
Penalty shall be imposed upon any public officer
were fabricated.
who:
Held: SC affirmed conviction. It was not
1) x x x
instigation but a legitimate entrapment. Court is not
inclined to believe that the complainant would be so 2) Being entrusted with the collection of
vindictive as to falsely incriminate the petitioner with taxes, licenses, fees and other imposts, shall be guilty of
the serious charge of bribery just because the petitioner any of the following acts or omissions:
refused to reduce the tax assessment. The technical
a) Demanding the payment of sums
report on the test conducted by the NBI for flourescent
different or larger than those authorized by law.
powder on the petitioners hands invited easy
acceptance. b) Failing voluntarily to issue a receipt, as
provided by law, for any sum of money collected by him
officially.
Article 211 Indirect bribery.
c) Collecting or receiving, directly or
Elements: indirectly, by way of payment or otherwise, things or
objects of a nature different from that provided by law.
1) Offender is a public officer.
Note:
2) He accepts gifts.
1) Illegal exaction under par. 1 --
3) The gifts are offered to him by reason
offender is a public officer who must take advantage of
of his office.
his office, that is he intervened in the transaction in his
Note: official capacity; the public officer entered into an
agreement with any interested party or speculator, or
a) Distinctions between Direct bribery vs. Indirect
made use of any other scheme with regard to furnishing
bribery:
supplies, making of contracts, or the adjustment or
1) In Direct bribery, there is an agreement settlement of accounts relating to public funds or
between the public officer and the giver of the gift or property; the public officer had intent to defraud the
present; while in Indirect bribery, there is usually no such government.
agreement.
2) Illegal exaction under par. 2 --
2) In Direct bribery, the offender agrees to offender is a public officer entrusted with the collection
perform an act or refrains from doing something because of taxes, licenses, fees and other imposts; that he
of the gift or promise; while in Indirect bribery, it is not commits any of the following three (3) acts or omissions.

37
CRIMINAL LAW II

Common elements:
Article 214 -- Other frauds. In addition to the penalties 1) That the offender is a public officer
prescribed in the provisions of Chapter Six, Title Ten, who has:
Book Two, of this Code, the penalty of temporary special
a) Official custody of public funds or
disqualification in its maximum period to perpetual
property or the duty to collect or receive funds
special disqualification shall be imposed upon any public
due to the government.
officer who, taking advantage of his official position, shall
commit any of the frauds or deceits enumerated in said b) The obligation to account for them to
provisions. the government.
Article 215 -- Prohibited transactions. The penalty of 2) That he has the custody or control of
prision correccional in its maximum period or a fine funds or property by reason of the duties of his
ranging from 200 to 1,000 pesos, or both, shall be office.
imposed upon any appointive public officer who, during
3) That those funds or property were
his incumbency, shall directly or indirectly become
public funds or property for which he was
interested in any transaction of exchange or speculation
accountable.
within the territory subject to his jurisdiction.
4) That he appropriated, took,
misappropriated or consented or through
Article 216 -- Possession of prohibited interest by a abandonment or negligence, permitted another
public officer. person to take them.
Note: Note:
a) Actual fraud is not necessary. a) Malversation may be committed by private
individuals ion the following cases:
b) Intervention must be by virtue of the public
office held. 1) Those in conspiracy with public officers
guilty of Malversation.
2) Those who are accessory or accomplice
Article 217 -- Malversation.
to a public officer.
Any public officer who, by reason of the duties
3) Custodian of public funds or property in
of his office, is accountable for public funds of property,
whatever capacity.
shall appropriate the same, or shall take or
misappropriate or shall consent, or through 4) Depositary or administrator of public
abandonment or negligence, shall permit any other funds or property.
person to take such public funds or property, wholly or
b) In such case, damage not necessary to the
partially, shall be guilty of Malversation of public funds or
government.
property.
The failure of a public officer to have duly
forthcoming any public funds or property with which he Labatagos vs. Sandiganbayan, 183 SCRA 415
is chargeable, upon demand by any duly authorized
Labatagos was cashier of MSU, General Santos
officer, shall be prima facie evidence that he has put
City. Upon audit she was found to have a shortage of
such missing funds or property to personal use.
P105,711.94 which, she argued, were amounts she gave
to her superiors but the receipts were lost.
Punishable acts: Held: The SC affirmed her conviction for
Malversation. Considering that the receipts were lost,
1) Appropriating public funds or property.
and accused could not produce the amount, the
2) Taking or misappropriating the same. presumption that she misappropriated the missing
amounts remained unrebutted. Malversation, after all,
3) Consenting or through abandonment
can be committed not only through personal
or negligence by permitting any other person to
misappropriation of public funds, but by knowingly or
take such public funds or property/
negligently allowing others to misappropriate public
4) Being otherwise guilty of the funds for private use.
misappropriation or Malversation of such funds
or property.

38
CRIMINAL LAW II

Ilogon vs. Sandiganbayan, 218 SCRA 766 3) That such public fund or property has
been appropriated by law or ordinance.
Petitioner Ilogon was both postmaster and
cashier of Bureau of Posts om Cagayan de Oro City. As 4) That he applies the same to a public use
cashier, she accepted payments, made collections and other than that for which such fund or property
extended vales or advances to postal employees. Later has been appropriated by law or ordinance.
she had a shortage of P118,871.29 and sued for
Note:
Malversation. He argued he did not personally benefit
from the amount. a) Unlike in Malversation where offender in certain
cases profits from the proceeds of the crime, in Technical
Held: SC affirmed Sandiganbayan conviction
malversation the offender does not derive personal gain
for Malversation.. Humanitarian grounds like giving
or profit from the effects of the crime.
vales or cash advances is not a valid defense. He is still
liable for knowingly or negligently allowing others to b) In Malversation, the public fund is applied to
misappropriate public funds. That extending cash the personal use of the offender or of another person,
advances was a long-standing practice at the Bureau of while in Technical malversation, the public fund is
Post is not a defense. Further, giving of vales is also applied to another public use, but not for the personal
prohibited under PD 1445, Section 69, otherwise known use of the offender or another person.
as the Government Auditing Code of the Philippines.

Article 221 -- Failure to make delivery of public


Article 218 Failure to render accounts. funds or property.
Elements: Elements:
1) That the offender is a public officer, 1) Failing to make payment by a public
whether in the service or separated therefrom. officer who is under obligation to make such payment
from the government funds in his possession.
2) That he must be an accountable officer
for public funds or property. 2) Refusing to make delivery by public
officer who has been ordered by competent authority to
3) That he is required by law or regulation
deliver any property in his custody or under his
to render accounts to the Commission on Audit,
administration
or to the provincial auditor.
a) The failure to make payment must be made
4) That he fails to do so for a period of two
maliciously.
months, after such accounts should be
rendered.
Article 222 Officers included in the preceding
provisions. The provisions of this chapter shall apply
Article 219 -- Failure to render accounts before
to private individuals who in any capacity whatever, have
leaving the country.
charge of any insular, provincial or municipal funds,
Elements: revenues, or property and to any administrator or
depository of funds or property attached, seized or
1) That offender is a public officer.
deposited by public authority, even if such property
2) That he must be an accountable officer belongs to a private individual.
for public funds or property.
3) That he unlawfully left (or about to
Article 223 -- Conniving with or consenting to
leave) the Philippines without securing from
evasion.
the COA a certificate showing that his accounts
have been finally settled. Elements:
1) That the offender is a public officer.
Article 220 -- Illegal use of public funds or property. 2) That he had custody or charge of a
prisoner, either detention prisoner or prisoner by final
Elements:
judgment.
1) That the offender is a public officer.
3) That such prisoner escaped from his
2) That there is public fund or property custody.
under his administration.

39
CRIMINAL LAW II

4) That he was in connivance with the 1. The penalty of prision mayor and a fine not
prisoner in the latters escape. exceeding 1,000 pesos, whenever serious
damage shall have been caused thereby to a
third party or to the public interest.
Article 224 -- Evasion through negligence.
2. The penalty of prision correccional in its
Elements: minimum and medium period and a fine not
exceeding 1,000 pesos, whenever the damage to
1) That the offender is a public officer.
a third party or to the public interest shall not
2) That he has charge with the have been serious.
conveyance or custody of a prisoner either
In either case, the additional penalty of temporary
detention prisoner or prisoner by final
special disqualification in its maximum period to
judgment.
perpetual disqualification shall be imposed.
3) That such prisoner escapes through
Article 227 -- Officer breaking seal. Any public officer
negligence.
charged with the custody of papers or property sealed by
Note: proper authority, who shall break the seals or permit
them to be broken, shall suffer the penalties of prision
a) That is being punished here is definite laxity
correccional in its minimum and medium periods,
amounting to deliberate non-performance of duty on
temporary special disqualification and a fine not
the part of the guard.
exceeding 2,000 pesos.
Article 228 -- Opening of closed documents. Any
Rodillas vs. Sandiganbayan, 161 SCRA 347 public officer not included in the provisions of the next
preceding article who, without proper authority, shall
Accused Patrolman Rodillas was directed by his
open or shall permit to be opened any closed papers,
superior to escort a certain Zenaida de Andres in a
documents or objects entrusted to his custody, shall
hearing before Judge Pardo in Caloocan City. After the
suffer the penalties or arresto mayor, temporary special
hearing, they ate lunch, and allowed her to go to the
disqualification and a fine of not exceeding 2,000 pesos.
comfort room where she escaped through the window.
Held: SC affirmed his conviction for Evasion Article 229 -- Revelation of secrets by an officer. Any
through negligence under Article 224. By allowing public officer who shall reveal any secret known to him
Zenaida to go to the comfort room without first by reason of his official capacity, or shall wrongfully
checking the CR for possible escape, and for not deliver papers or copies of papers of which he may have
reporting the escape immediately to the authorities, he charge and which should not be published, shall suffer
is liable under Article 224. It is his duty to take the the penalties of prision correccional in its medium and
necessary precaution to assure the absence of any maximum periods, perpetual special disqualification and
means of escape but through definite laxity amounting a fine not exceeding 2,000 pesos if the revelation of such
to deliberate non-performance of duty, he allowed the secrets or the delivery of such papers shall have caused
detention prisoner to escape. serious damage to the public interest; otherwise, the
penalties of prision correccional in its minimum period,
temporary special disqualification and a fine not
Article 225 -- Escape of prisoner under custody of a exceeding 50 pesos shall be imposed.
person not a public officer.
Article 230 -- Public officer revealing secrets of private
Note: individual. Any public officer to whom the secrets of
any private individual shall become known by reason of
a) This article does not apply the principle in
his office who shall reveal such secrets, shall suffer the
conspiracy that the crime of one is the crime of all. If
penalties of arresto mayor and a fine not exceeding 1,000
the offender is not the custodian of the prisoner, offender
pesos. chan robles virtual law library
is guilty of Delivery prisoners from jail under Article 156.

OTHER OFFENSES OR IRREGULARITIES BY PUBLIC


Article 226 -- Removal, concealment or destruction OFFICERS
of documents. Any public officer who shall remove,
destroy or conceal documents or papers officially
Article 231 -- Open disobedience. Any judicial or
entrusted to him, shall suffer:
executive officer who shall openly refuse to execute the
judgment, decision or order of any superior authority

40
CRIMINAL LAW II

made within the scope of the jurisdiction of the latter 1) By the imposition of punishments not
and issued with all the legal formalities, shall suffer the authorized by the regulations.
penalties of arresto mayor in its medium period to prision
2) By inflicting such punishments
correccional in its minimum period, temporary special
authorized by law but in a cruel and humiliating
disqualification in its maximum period and a fine not
manner.
exceeding 1,000 pesos.
b) By maltreating such prisoner to extort
Article 232 -- Disobedience to order of superior officers,
a confession or to obtain some information from
when said order was suspended by inferior officer.
the prisoner.
Any public officer who, having for any reason suspended
the execution of the orders of his superiors, shall disobey
such superiors after the latter have disapproved the
Article 236 -- Anticipation of duties of a public
suspension, shall suffer the penalties of prision
office. Any person who shall assume the performance
correccional in its minimum and medium periods and
of the duties and powers of any public officer or
perpetual special disqualification.
employment without first being sworn in or having given
Article 233 -- Refusal of assistance. The penalties of the bond required by law, shall be suspended from such
arresto mayor in its medium period to prision office or employment until he shall have complied with
correccional in its minimum period, perpetual special the respective formalities and shall be fined from 200 to
disqualification and a fine not exceeding 1,000 pesos, 500 pesos.
shall be imposed upon a public officer who, upon
Article 237 -- Prolonging performance of duties and
demand from competent authority, shall fail to lend his
powers. Any public officer shall continue to exercise
cooperation towards the administration of justice or
the duties and powers of his office, employment or
other public service, if such failure shall result in serious
commission, beyond the period provided by law,
damage to the public interest, or to a third party;
regulation or special provisions applicable to the case,
otherwise, arresto mayor in its medium and maximum
shall suffer the penalties of prision correccional in its
periods and a fine not exceeding 500 pesos shall be
minimum period, special temporary disqualification in its
imposed.
minimum period and a fine not exceeding 500 pesos.
Article 234 -- Refusal to discharge elective office. The
penalty of arresto mayor or a fine not exceeding 1,000
pesos, or both, shall be imposed upon any person who, Article 238 -- Abandonment of office or position.
having been elected by popular election to a public
Elements:
office, shall refuse without legal motive to be sworn in or
to discharge the duties of said office. 1) That the offender is a public officer.
2) That he formally resigns from his
position.
Article 235 -- Maltreatment.
3) That his resignation has not yet been
Penalty shall be imposed upon any public officer
accepted.
or employee who shall overdo himself in the correction
or handling of a prisoner or detention prisoner under his 4) That he abandons his office to the
charge. detriment of the public service.
Qualified if the purpose of the maltreatment is
to extort a confession, or to obtain some information
Article 239 -- Usurpation of legislative powers.
from the prisoner.
The penalties of prision correccional in its minimum
Elements: period, temporary special disqualification and a fine not
exceeding 1,000 pesos, shall be imposed upon any public
1) That the offender is a public officer or
officer who shall encroach upon the powers of the
employee.
legislative branch of the Government, either by making
2) That he has under his charge a prisoner general rules or regulations beyond the scope of his
or detention prisoner. authority, or by attempting to repeal a law or suspending
the execution thereof.
3) That he maltreats such prisoner in
either of the following manner: Article 240 -- Usurpation of executive functions. Any
judge who shall assume any power pertaining to the
a) By overdoing himself in the correction
executive authorities, or shall obstruct the latter in the
and handling of a prisoner or detention prisoner
lawful exercise of their powers, shall suffer the penalty of
under his charge either --

41
CRIMINAL LAW II

arresto mayor in its medium period to prision b) Under the custody of such offender who is
correccional in its minimum period. a warden or other public officer.
Article 241 -- Usurpation of judicial functions. The c) The wife, daughter, sister or relative
penalty of arresto mayor in its medium period to prision within the same degree by affinity of the person
correccional in its minimum period and shall be imposed under the custody of the offender.
upon any officer of the executive branch of the
Government who shall assume judicial powers or shall
obstruct the execution of any order or decision rendered
by any judge within its jurisdiction.
Article 242 -- . Disobeying request for disqualification.
Any public officer who, before the question of jurisdiction
is decided, shall continue any proceeding after having
been lawfully required to refrain from so doing, shall be
punished by arresto mayor and a fine not exceeding 500
pesos.
Article 243 -- Orders or requests by executive officers to
any judicial authority. Any executive officer who shall
address any order or suggestion to any judicial authority
with respect to any case or business coming within the
exclusive jurisdiction of the courts of justice shall suffer
the penalty of arresto mayor and a fine not exceeding
500 pesos.

Article 244 -- Unlawful appointments. TITLE VIII - CRIMES AGAINST PERSONS


Elements:
1) That the offender is a public officer.
Article 246 -- Parricide.
2) That he nominates or appoints a
person to a public office. Any person who shall kill his father, mother or
child, whether legitimate or illegitimate, or any of
3) That such person lacks the legal his ascendants or descendants, or his spouse,
qualification. shall be guilty of parricide, and shall be punished
4) That the offender knows that his xxx
nominee or appointee lacks the qualifications at Elements:
the time he made the nomination or
appointment. 1) That a person is killed.
2) That the deceased is killed by the
accused.
Article 245 -- Abuses against chastity.
3) That the deceased is the father, mother
Elements: or child (but not less than three days old),
1) That the offender is a public officer. whether legitimate or illegitimate, or a
legitimate other ascendant or descendant, or
2) That offender solicits or makes the legitimate spouse, of the accused.
immoral or indecent advances to a woman.
2) Such woman must be
a) Cases of parricide when penalty shall not be
a) Interested in matters pending before reclusion perpetua to death:
the offender for decision, or with respect to
which he is required to submit a report to or 1) Parricide through negligence.
consult with a superior officer; or directly 2) Parricide by mistake (Article 249)
charged with the care and custody of prisoners
or persons under arrest; or 3) Parricide under exceptional
circumstances (Article 247)

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CRIMINAL LAW II

physical injury in the act or immediately


thereafter.
4) Crime is PARRICIDE -- If killing of
legitimate or illegitimate father, mother or child or 3) That he has not promoted or facilitated
legitimate spouse or legitimate other ascendant or the prostitution of his wife or daughter, or that
descendant. If illegitimate spouse, crime is murder. If he and she has not consented to the infidelity of
killing of legitimate brother or sister, crime is not the other spouse.
parricide but homicide or murder.
Note:
5) If killing of child less than 3 days old
a) The discovery, the escape, the pursuit and the
and capable of intra-uterine life outside the uterus --
killing must all form part f one continuous act.
crime is Infanticide. If incapable of surviving outside the
uterus, crime is Abortion. b) This is applicable only when the daughter is
single.
6) If stranger helps husband killl the wife
-- husband liable for Parricide, but stranger is liable for
Murder (or homicide) because no relationship with the
People vs. Abarca, 153 SCRA 735
wife.
Abarca, after having surprised his wife in sex
with Kingsley Paul Koh, shot him dead after more than
People vs. Jumawan, 166 SCRA 739 one hour had lapsed. Also seriously injured were the
Amparado couple and in the lower court he was
Presentacion Jumawan conspired with her
convicted for the Complex crime of Murder with Double
father, and two brothers, in killing her husband, Rodolfo
Fustrated Murder.
with whom he is no longer in love. Together they killed
her husband by stabbing him around 9:30 p.m. on June Held: SC reversed the conviction, and
19, 1976 inside a store owned by their relative. sentenced him only to Destierro under Article 247.
Neither was he held liable for the serious physical
Held: SC affirmed conviction for Murder
injuries sustained by the Amparado couple because
qualified by treachery and the generic aggravating
killing, or injuries, suffered under Article 247 is not an
circumstances of superior strength and evident
unlawful act. Also, despite the lapse of more than one
premeditation. SC held, however, it could not be
hour since discovery up to the killing, SC held it was still
Parricide because the relationship of husband and wife
committed immediately thereafter since the killing
was not alleged in the Information which is an
was the proximate result of the outrage overwhelming
indispensable requirement for the conviction of
the accused in finding the other spouse in the basest act
parricide.
of sexual infidelity.

Article 247 -- Death under exceptional


Article 248 -- Murder.
circumstances.
Any person who shall kill another, not falling
Any legally married person who, having surprised
within the provisions of Article 246, shall be guilty of
his spouse in the act of committing sexual
murder and punished by reclusion perpetua to death if
intercourse with another person, shall kill any of
committed with any of the following attendant
them or both of them in the act or immediately
circumstances.
thereafter, or shall inflict upon any of them any
serious physical injury, shall suffer the penalty of P 1) In consideration of a Price, reward or
destierro. promise.
If he shall inflict upon them physical injuries of any I 2) By means of Inundation, fire, poison,
other kind, he shall be exempt from punishment. explosion, explosion, shipwreck, stranding of a vessel,
derailment or assault upon a railroad, fall of an airship, or
Elements:
by means of motor vehicles, or with the use of any other
1) That a legally married person or parent means involving great waste and ruin.
surprises his spouse or his daughter, the latter
E 3) On occasion of an Earthquake, eruption
under 18 years of age and living with him, in the
of a volcano, destructive cyclone, epidemic or other
act of committing sexual intercourse with
public calamity.
another person.
T 4) With Treachery, taking advantage of
2) That he/she kills any or both of them or
superior strength, with the aid of armed men, or
inflicts upon any or both of them any serious

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CRIMINAL LAW II

employing means to weaken the defense of means or 1) A person was killed.


persons to insure or afford impunity.
2) Offender killed him without any
E 5) With Evident premeditation. justifying circumstances.
A 6) With cruelty, by deliberately and 3) Offender has the intention to kill, which
inhumanly Augmenting the suffering of the victim, or is presumed.
outraging or scoffing at his person or corpse. (Recall
4) The killing was not attended by any of
PIETEA)
the qualifying circumstances of murder, or that of
Elements: parricide or infanticide.
1) A person was killed. Note:
2) Accused killed him. a) Intent to kill is conclusively presumed when
death resulted. Evidence of intent to kill is important only
3) The killing was attended by any of the
in attempted or frustrated homicide.
attendant circumstances enumerated under
Article 248. b) Accidental homicide is the death of a person
brought by a lawful act performed with proper care and
4) The killing is not parricide or
kill, and without homicidal intent.
infanticide.
Note:
People vs. Pugay, 167 SCRA 439
a) Murder is committed when only one of the
circumstances described is present. When more than one Deceased Miranda was a 25-yeard-old mental
are present, the others are treated as generic retardate. His friend Pugay played games with him by
aggravating circumstances. putting gasoline on the victim, while Samson lighted a
match, setting Miranda inadvertently on fire and killing
b) When the other circumstances are absorbed,
him. Cavite CFI convicted them for murder, qualified by
they cannot be considered generic.
treachery with the mitigating circumstance of praeter
c) Any of the qualifying circumstances must be intententionem.
alleged in the Information.
Held: SC modified crime to Homicide through
Reckless Imprudence. It could not be Murder because
there was no intent to kill nor treachery, the two
People vs. Buensuceso, 132 SCRA 143
accused merely playing games on the deceased. They
Pat. Buensuceso with Pat. Aguilar shot the also had no motive to kill deceased, who is their friend.
victim Tayag for refusing to surrender his fan knife while Rather, through their recklessness and negligence in
the victim was already retreating backwards, and later putting gasoline and setting fire on the victim, they
fell on his knees. The victim was hit several times and caused his death hence, crime is Homicide through
died on the spot. Reckless Imprudence.
Held: The SC affirmed their conviction for
Murder, qualified by treachery indicated by the wounds
Article 250 -- Penalty for frustrated parricide,
at his back, that he was retreating backwards, and that
murder or homicide.
he was completely defenseless. Further, SC held that
where victim died from several wounds inflicted by The courts may impose upon the person guilty
different persons and it is not known which person of the frustrated crime of parricide, murder or homicide a
inflicted the mortal wound, all of them are liable for penalty lower by one degree than that which should be
victims death under theory of conspiracy. imposed under the provisions of Article 50.

Article 249 -- Homicide. Article 251 -- Death caused in a tumultuous affray.


Any person who, not falling within the provision When, while several persons not composing
of Article 246, shall kill another without the attendance groups organized for the common purpose of assaulting
of any of the circumstances enumerated in the next and attacking each other reciprocally, quarrel and assault
preceding article, shall be deemed guilty of homicide and each other in a confused and tumultuous manner, and in
punished by reclusion temporal. the course of the affray someone is killed, and it cannot
be ascertained who actually killed the deceased, but the
Elements:
person or persons who inflicted serious physical injuries

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CRIMINAL LAW II

can be identified, such person or persons shall be 3) That the person responsible thereof
punished by prision mayor. cannot be identified.
If it cannot be determined who 4) That all those who appear to have used
inflicted the serious physical injuries violence upon the person of the offended party
on the deceased, the penalty of are known.
prision correccional in its medium
Note:
and maximum periods shall be
imposed upon all those who shall a) The injured party must be a participant in the
have use violence upon the person of affray.
the victim.
b) Only the ones who used violence are liable.
c) Slight physical injuries excluded.
Elements:
1) That there be several persons.
Article 253 -- Giving assistance to suicide.
2) That they did not compose groups
Any person who shall assist another to commit
organized for the common purpose of assaulting and
suicide shall suffer the penalty of prision mayor; if such
attacking each other reciprocally.
person lends his assistance to another to the extent of
3) That several persons quarreled and doing the killing himself, he shall suffer the penalty of
assaulted one another in a confused and tumultuous reclusion temporal. However, if the suicide is not
affray. consummated, the penalty of arresto mayor in its
medium and maximum period shall be imposed.
4) That someone was killed in the course
of the affray.
5) That it cannot be ascertained who Punishable acts:
actually killed the deceased.
1) Assisting another to commit suicide,
6) That the person or persons who whether the suicide is consummated or not.
inflicted serious physical injuries who use violence can be
2) Lending his assistance to another to
identified.
commit suicide to the extent f doing the killing
Note: himself.
a) At least four (4) persons must take part. Note:
b) Persons killed need not be participants therein. a) Mercy killing is the practice of painlessly putting
to death a person suffering from some incurable disease.
c) If person who inflicted fatal wound is known,
Not considered as included in Article 253 because the
crime is homicide.
person killed does not want to die. A doctor who resorts
to euthanasia may be liable for murder.
Article 252 -- Physical injuries inflicted in a
tumultuous affray.
Article 254 -- Illegal discharge of firearms.
When in a tumultuous affray only serious
Any person who shall shoot another with any
physical injuries are inflicted upon the participants
firearm shall suffer the penalty of prision correccional in
thereof and the person responsible therefor cannot be
its minimum and medium periods, unless the facts of the
identified, all those who appear to have used violence
case are such that the act can be held to constitute
upon the person of the offended party shall suffer the
frustrated or attempted parricide, murder, homicide or
penalty next lower in degree than that provided for the
any other crime for which a higher penalty is prescibed
physical injuries so inflicted.
by this Code.

Elements:
Elements:
1) That there is a tumultuous affray.
1) That the offender discharges a firearm
2) That a participant or some participants against or at another person.
thereof suffered serious physical injuries or
physical injuries of a less serious nature only.

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CRIMINAL LAW II

2) That the offender has no intention to 3) By acting, with the consent of the
kill that person. pregnant woman (by administering drugs/beverages).
Elements:
Article 255 -- Infanticide. 1) That there is a pregnant woman.
The penalty provided for parricide in Article 246 2) That violence is exerted, or drugs or
and for murder in Article 248 shall be imposed upon any beverages administered, or that the accused otherwise
person who shall kill any child less than three days of age. acts upon such pregnant woman.
If the crime is committed for the purpose of 3) That as a result of the use of violence
concealing her dishonor, she shall suffer a lower penalty x or drugs or beverages upon her, or any other act of the
x x. accused, the fetus dies, either in the womb, or after
having been expelled therefrom.
Elements:
1) That a child was killed by the accused.
2) That the deceased child was less than
72 hours old. Note:
Note: a) Intentional abortion is the intentional killing of a
child below three days of age incapable of surviving
a) Other person who kills a child less than three
outside the uterus. If fetus could sustain an independent
days old to suffer penalty for murder.
life and is killed, the crime is infanticide. Otherwise, it is
b) Only the mother and maternal grandparents of abortion.
the child are entitled to the mitigating circumstances of
b) The person who caused the abortion is liable
concealing the dishonor.
under Article 256. The woman is liable under Article 258,
c) Concealing dishonor is not an element of the if she consented to the abortion caused on her. If she did
crime. not consent t the abortion, she is not liable.

Article 257 -- Unintentional abortion.


Article 256 -- Intentional abortion. The penalty of prision correccional in its
minimum and medium periods shall be imposed upon
Any person who shall intentionally cause an
any person who shall cause an abortion by violence, but
abortion shall suffer:
unintentionally.
1) The penalty of reclusion temporal if he
Elements:
shall use any violence upon the person of the pregnant
woman. 1) That there is a pregnant woman.
2) The penalty of prision mayor, if 2) That violence is used upon such
without using violence he shall act without the consent pregnant woman without intending an abortion.
of the woman.
3) That the violence is intentionally
3) The penalty of prision correccional in exerted.
its medium and maximum periods if the woman shall
4) That as a result of the violence, the
have consented.
fetus dies, either in the womb or after having
been expelled therefrom.
Acts punished: Note:
1) By using any violence upon the person a) Violence is used upon such pregnant woman,
of the pregnant woman. without intending an abortion.
2) By acting, but without using violence, b) Violence is intentionally exerted.
without the consent of the woman (by administering
drugs/beverages upon a pregnant woman without her
consent). People vs. Salufranja, 159 SCRA 401

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CRIMINAL LAW II

Filomeno Salufrania, out of jealousy, attacked 2) That the abortion is intended.


and boxed his wife who was eight months pregnant,
3) That the offender, who must be a
killing her and the fetus inside her womb. He was sued
physician or midwife, caused or assisted in causing the
and convicted in the lower court for Complex crime of
abortion.
parricide with intentional abortion.
4) Said physician or midwife took
Held: SC modified crime to Complex crime of
advantage of his scientific knowledge or skill.
parride with Unintentional abortion. Mere boxing on
the stomach, taken together with the immediate
strangling of the victim in a fight, is not sufficient proof
Article 260 -- Responsibility of participants in a duel.
to show intent to cause abortion. Appellant may have
The penalty of reclusion temporal shall be imposed
merely intended to kill the victim, but not necessarily
upon any person who shall kill his adversary in a duel.
to cause an abortion.
If he shall inflict upon the latter physical injuries only, he
shall suffer the penalty provided therefor, according to
Article 258 -- Abortion practiced by the woman herself, their nature.
or by her parents.
In any other case, the combatants shall suffer the penalty
The penalty of x x x shall be imposed upon a of arresto mayor, although no physical injuries have been
woman who shall practice an abortion upon herself or inflicted.
shall consent that any other person should do so.
The seconds shall in all events be punished as
Elements: accomplices.
1) That there is a pregnant woman who Article 261 -- Challenging to a duel. The penalty of
has suffered an abortion. prision correccional in its minimum period shall be
imposed upon any person who shall challenge another,
2) That the abortion is intended.
or incite another to give or accept a challenge to a duel,
3) That abortion is caused by: or shall scoff at or decry another publicly for having
refused to accept a challenge to fight a duel.
Note:
a) The offender, who must be a physician, or
Article 262 Mutilation
midwife, causes or assists in causing the abortion.
b) The physician or midwife takes advantage of his
scientific knowledge or skill. The penalty of x x x shall be imposed upon any
person who shall intentionally mutilate another by
c) As to pharmacists, there is no proper
depriving him, either totally or partially, of some essential
prescription from a physician and the offender dispenses
organ for reproduction.
any abortive substance.
d) RA 4729 -- Law which regulates the sale,
dispensation, and/or distribution of contraceptive drugs Elements:
or devices.
a) Intentionally mutilating another by
depriving him, either totally or partially, of some
essential organ for reproduction.
Article 259 -- Abortion practiced by a physician,
midwife and dispensing of abortives. b) The mutilation is caused purposely and
deliberately to deprive the offended party of
Penalty shall be imposed upon any physician or
some essential organ for reproduction.
midwife who, taking advantage of their scientific
knowledge or skill, shall cause an abortion or assist in c) Intentionally making other mutilation
causing the same. by lopping or clipping off any part of the body of
the offended party, other than the essential
Any pharmacist who, without the proper
organ for reproduction, to deprive of that part of
prescription from a physician, shall dispense any abortive
his body.
shall suffer penalty x x x and a fine x x x
Elements:
1) That there is a pregnant woman who
has suffered an abortion.

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CRIMINAL LAW II

3) When the injured person becomes ill or


incapacitated from labor for more than 30 days
(but not more than 90 days) as a result of the
Article 263 -- Serious physical injuries. physical injuries inflicted.
Any person who shall wound, beat or assault
another, shall be guilty of x x x and shall suffer:
Article 264 -- Administering injurious substances.
1) The penalty of prision mayor, if in
Penalty shall be imposed upon any person who,
consequence of the physical injuries inflicted, the injured
without intent to kill, shall inflict upon another any
person shall become insane, imbecile, impotent or blind.
serious physical injury, by knowingly administering to him
2) The penalty of prision correccional in any injurious substances or beverages, or by taking
its medium and maximum periods if in consequence of advantage of his weakness of mind or credulity.
the physical injuries inflicted, the person injured shall
Elements:
have lost the use of speech or power to hear, smell, or
shall have lost n eye, a hand, a foot and an arm, or a leg, 1) Offender inflicted upon another any
or shall have lost the use of any such member, or shall serious physical injury.
have become incapacitated for work in which he was
2) It was done by knowingly administering
habitually engaged.
to him any injurious substances or beverages or
3) The penalty of prision correccional in by taking advantage of his weakness of mind or
its minimum and medium periods if in consequence of credulity.
the physical injuries inflicted, the person injured shall
3) He had no intent to kill.
have become deformed, or shall have lost any other part
of his body, or shall have lost the use thereof, or shall
have been ill or incapacitated for the performance of the
Article 265 -- Less serious physical injuries.
work in which he was habitually engaged for a period of
more than 90 days. Any person who shall inflict upon another
physical injuries x x x which shall incapacitate the
4) The penalty of arresto mayor in its
offended party for labor for ten days or more, or shall
maximum period to prision correccional in its minimum
require medical attendance for the same period, shall be
period, if the physical injuries shall have caused the
guilty of less serious physical injuries x x x
illness or incapacity for labor of the injured person for
more than 30 days. Note:
How committed: 1) Offended party is incapacitated for
labor for 10 days or more (but not more than 30 days), or
1) By wounding.
needs medical attendance for the same period of time.
2) By beating.
2) The physical injuries must not be those
3) By assaulting or described in the preceding articles.
4) By administering injurious substances.
Elements: Article 266 -- Slight physical injuries and
maltreatment.
1) When the person becomes insane,
imbecile, impotent, or blind in consequence of the The crime of slight physical injuries shall be
physical injuries inflicted. punished:
2) When the injured person -- 1) By arresto menor when the offender
has inflicted physical injuries which shall incapacitate the
a) Loses the use of speech or the power
offended party for labor from one to nine days, or shall
to hear or smell, or loses an eye, a hand, a
require medical attendance during the same period.
foot, an arm or a leg.
2) By arresto menor or a fine x x x and
b) Loses the use of any such member; or
censure when the offender has caused physical injuries
c) Becomes incapacitated for the work which does not prevent the offended party from
in which he was habitually engaged, in engaging in his habitual work nor reuqire medical
consequence of the physical injuries attendance.
inflicted.

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CRIMINAL LAW II

3) By arresto menor in its minimum a) By using force or intimidation; or


period or a fine x x x when the offender shall ill treat
b) When the woman is deprived of reason
another by deed without causing injury.
or otherwise unconscious; or
c) By means of fraudulent machination or
Acts punished: grave abuse of authority; or
1) Physical injuries incapacitated the offended d) When the woman is under 12 years of
party for labor from 1 to 9 days, or required medical age, or demented.
attendance during the same period.
2) Physical injuries which did not prevent the
Republic Act 8353 -- An Act Expanding the Definition of
offended party from engaging in his habitual work or
Rape, Reclassifying Rape as a Crime Against Persons
which did not require medical attendance.
3) Ill treatment of another by deed, without
causing any injury. Classification of rape:
1) Traditional concept under Article 335 --
carnal knowledge with a woman against her
will. The offended party is always a woman and
the offender is always a man.
2) Sexual assault -- committed with an
instrument or an object, or the use of the penis
Article 266-A Rape -- When and how committed
with penetration of mouth, or anal orifice. The
offended party, or the offender, can either be a
man or woman, that is if a woman or a man
Elements under par. 1:
uses an instrument on anal orifice of male, he or
1) Offender is a man. she can be liable for rape.
2) Offender had carnal knowledge of a Note:
woman.
a) Sexual assault is committed under the following
3) Such act is accomplished under any of circumstances:
the following circumstances:
1) Where the penis is inserted into the
a) By using force or intimidation. anal or oral orifice; or
b) When the woman is deprived of reason 2) Where an instrument or object is
or otherwise unconscious. inserted into the genital or oral orifice.
c) By means of fraudulent machination or b) Aggravating/qualifying circumstances where
grave abuse of authority. rape is punishable by MANDATORY DEATH.
d) Or when the woman is under 12 years 1) When the victim is under 18 years of
of age or demented, although no force or age, and the offender is a parent, ascendant, step-parent,
intimidation is employed. guardian, relative by consanguinity or affinity within the
third civil degree, or the common law spouse of the
Elements under par. 2:
parent of the victim.
1) Offender commits an act of sexual
2) When the victim is under the custody
assault.
of the police or military authorities, of any law
2) The act of sexual assault is committed enforcement or penal institution.
by any of the following means:
3) When the rape is committed in full
a) By inserting his penis into another view of the spouse, parent or any of the children or other
persons mouth or anal orifice; or relatives within the third civil degree of consanguinity.
b) By inserting any instrument or object 4) When the victim is a religious engaged
into the genital or anal orifice of another person. in legitimate religious vocation or calling and is personally
known to be such by the offender, before or at the time
3) The act of sexual assault is
of the commission of the crime.
accomplished under any of the following circumstances:

49
CRIMINAL LAW II

5) When the victim is a child below 7 clear penetration because the victim at first resisted,
years old. and the accused could not sustain an erection.
6) When the offender knows that he is
afflicted with HIV/AIDS or any other sexually
People vs. Campuhan, (2000 case)
transmissible disease.
Mother saw accused and houseboy Campuhan
7) When committed by any member of
in the act of almost raping her 4-year-old daughter in a
the AFP or para-military units thereof of the PNP or any
kneeling position. Medical findings indicated hymen was
law enforcement agency or penal institution, when the
still intact but since in previous Orita ruling entry into
offender took advantage of his position to facilitate the
labia without rupture of hymen already consummated
commission of the crime.
rape, issue is whether or not crime is consummated, or
8) When by reason or on occasion of the attempted, rape only.
rape, the victim has suffered permanent physical
Held: SC held crime is attempted rape only.
mutilation or disability.
Touching here means the penis indeed touched the labia
9) When the offender knew of the and slid into the female organ, and not merely stroke
pregnancy of the offended party at the time of the the external surface. Some degree of penetration
commission of the crime. beneath the surface must be achieved, and the labia
majora must be entered. Victim herself testified that
10) When the offender knew of the mental
penis grazed but did not penetrate her organ. As the SC
disability, emotional disorder and/or physical disability of
pointed out so eloquently, there was only a shelling of
the offended party at the time of the commission of the
the castle, but no bombardment of the drawbridge yet.
crime.

People vs. Atento, 166 SCRA 739


People vs. Orita, 184 SCRA 105 (1990)
The victim Glenda Aringo is only 16 years of age
Accused PC soldier Orita followed 19-year-old
but has a mental age of 9 to 12 years old. She was raped
Cristina Abayan from party, used knife to force her to
by their neighbor, Cesar Atento, a 39-year-old
have sexual intercourse, but while on top, she managed
storekeeper, five times until she got pregnant. When
to escape. Samar RTC convicted him of frustrated rape
prosecuted for rape, she testified against accused but
and case on appeal.
when asked to describe the rape act, she said it was
Held: SC held its consummated rape, and Masarap.
not mere frustrated rape only. Citing People vs. Erinia,
Held: The SC affirmed the accuseds
no frustrated stage anymore and Erinia ruling was a
conviction for statutory rape because although she has a
stray decision. It is settled that slight penetration
physical age of 16 years, she has a mental age of a 9 to
consummates rape, and perfect penetration not
12 year old. She was, in effect, deprived of reason under
essential. Mere touching of lips of vagina, without
2nd par. or accused can also be liable under the last par.
laceration of vagina or emission, already consummates
of Article 266-A the mental age of the victim being less
rape.
than 12 years.

People vs. dela Pena, 233 SCRA 573 (1994)


Accused dela Pena waylaid 9-year-old Rose
Marasigan on her way to school. Due to her resistance,
and then playing dead, the accused dela Pena panicked,
could not get an erection, and fled. Valenzuela RTC held it
is consummated rape and penalty was reclusion
perpetua. TITLE IX CRIMES AGAINST LIBERTY and SECURITY
Held: SC, however, modified Valenzuela RTC
decision and held its only attempted rape. Although
mere touching consummates rape, rape presupposes an ARTICLE 267 -- Kidnapping and serious illegal
erect penis because without erection, there can be no detention.
penetration, no matter how slight, and without
penetration, there can be no consummation. Also, both Any private individual who shall kidnap or detain
the rape victim and accused testified that there was no another for in any other manner deprives him of his

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CRIMINAL LAW II

liberty, shall suffer the penalty of reclusion perpetua to g) Two tests for kidnapping: 1st, actual detention
death: for an appreciable period of time; and 2 nd, intent to
detain.
1) If the kidnapping or detention shall
have lasted more than three days.
2) If it shall have been committed People vs. Tomio, 202 SCRA 77
simulating public authority.
Victim Nagao, a Japanese tourist in the country,
3) If any serious physical injuries shall was approached by Tomio, with two other Japanese who
have been inflicted upon the person kidnapped or planted marijuana in Nagaos pocket and in collusion with
detained; or if threats to kill him shall have been made. WPD policemen, had Nagao arrested. The three Japanese
made it appear that they advanced his bail and
4) If the person kidnapped or detained
demanded $100,000.00 from him and refused to let him
shall be a minor, except when the accused is any of the
go until they paid him the amount which the victim had
parents, female or a public officer.
to ask from his father in Japan. Meantime, Nagao was
The penalty shall be death where the able to contact a friend and the three Japanese were
kidnapping or detention was committed for the purpose entrapped and arrested.
of extorting ransom from the victim or any other person,
Held: SC affirmed conviction of the three
even if none of the circumstances abovementioned were
Japanese for kidnapping for ransom. While victim
present in the commission of the offense.
Nagao had freedom of locomotion, he had no freedom
Note: to leave at will because of detention by threats and
intimidation, although not by actual force or violence.
a) Detention for more than three days not
He could not escape from his captors because he could
necessary when any of the other circumstances is
not speak Japanese, his passport and money were
present.
confiscated.
b) Victim need not be placed in an enclosure;
restraint need not be permanent.
People vs. Lim, 190 SCRA 706
c) Qualifying circumstances: if
Aida Villanueva, ten years old, and Avelyn
1) Purpose is to extort ransom.
Villanueva, 7 years old, went to the pier to fetch their
2) Victim is killed, raped or tortured as a mother. Since their mother did not arrive, and taking pity
consequence. on the two children, Ms. Lim sheltered them for which
Ms. Lim was prosecuted and convicted for kidnapping in
d) Ransom -- is the money, price or consideration
the Masbate RTC.
paid or demanded for redemption of a captured person
that would release the hostage from captivity. Held: SC reversed conviction, and acquitted
Ms. Lim. Using the two tests, 1st, there was no actual
e) Complex crime of kidnapping with murder
detention because they could leave anytime, and
when victim is killed because of his refusal to pay the
secondly, Ms. Lim had no intent to detain the two
ransom and where kidnapping is a necessary means to
children. Also, no motive to kidnap because Ms. Lim
commit the murder.
could very well afford helpers.
But where the purpose is to kill him and not for
detaining him, crime committed is murder.
People vs. Padica, 221 SCRA 362.
f) Distinctions between Illegal detention from
Arbitrary detention: Victim Francis Banaga was brought by Padica et
al to a certain place, and then immediately killed. After a
1) In Illegal detention, offender is a private
few hours after killing victim, they called the victims
individual who unlawfully kidnaps, detains or deprives a
father to ask for ransom.
person of his liberty; while in Arbitrary detention,
offender is a public officer who detains a person without Held: SC modified lower courts decision,
legal grounds. and held crime committed is only MURDER, and not
Complex crime of Kidnapping for ransom with murder.
2) In Illegal detention, crime is against Personal
Its only MURDER because the primordial criminal intent
Liberty and Security; while Arbitrary detention is a crime
or principal purpose was really to kill, and kidnapping or
against Fundamental Law of the State.
detention was merely incidental neither was there
intent to detain for an appreciable period of time. No
ransom here because ransom is money asked in

51
CRIMINAL LAW II

exchange for liberty and here the money was asked only owner of Sir John Medical and Maternity Clinic in
when the victim was already dead. Caloocan. After more than five years, mother returned
and sued Ty couple who referred the child to a relative
who could better take care of Arabella. The Ty couple was
ARTICLE 268 -- Slight illegal detention. convicted in the lower court for Kidnapping and failure
to return a minor.
If the offender shall voluntarily release the
person so kidnapped or detained within three (3) days Held: The SC reversed conviction, and
from the commencement of the detention, without acquitted Ty couple. In the first place, they did not have
having attained the purpose intended, and before the direct and actual custody of child since the child was
institution of criminal proceedings against him, the left, and abandoned to them, without their prior
penalty x x x and a fine x x x. knowledge or consent. Second, there was no deliberate
nor persistent failure or refusal to return the child to the
Note:
mother since they immediately contacted the childs
a) If offender voluntarily releases victim within foster parents when the mother reappeared to claim
three days from commencement of detention, and her back. Gravamen of offense is DELIBERATE AND
without having achieved the purpose intended, and PERSISTENT FAILURE to return a minor.
before institution of criminal proceedings against him, his
liability is mitigated.
ARTICLE 271 -- Inducing a minor to abandon his
home.
ARTICLE 269 -- Unlawful arrest.
The penalty of x x x and a fine of x x x shall be
The penalty of x x x shall be imposed upon any imposed upon anyone who shall induce a minor to
person who shall arrest or detain another for the abandon the home.
purpose of delivering him to the proper authorities.
Elements:
Note:
1) A minor (whether over or under 7 years
a) Offender is any person, whether public officer or of age) is living in the home of his parents, or guardians,
private individual. or the person entrusted with his custody.
b) No period of detention fixed. Motive is 2) Offender induces said minor to
controlling and must be coupled with the intention to abandon such home.
deliver detainee to proper authorities.
Note:
a) Inducement must be actual, and committed with
ARTICLE 270 -- Kidnapping and failure to return a criminal intent and determined by a will to cause
minor. damage.
The penalty of reclusion perpetua shall be b) Father or mother may commit crimes under
imposed upon any person who, being entrusted with the Articles 270 and 271, where they are living separately,
custody of a minor person, shall deliberately fail to and the custody of their minor child having been given to
restore the latter to his parents or guardians. one of them, the other parent induces said minor to
leave his home.
Elements:
1) That the offender is entrusted with the
custody of a minor person (over or under 7 years ARTICLE 272 -- Slavery.
old but less than 21).
Elements:
2) That he deliberately fails to return
1) That the offender purchases, sells,
minor to his parents or guardian.
kidnaps or detains a human being.
Note:
2) That the purpose of the offender is to
a) When committed by either parent, penalty is enslave such human being.
only arresto mayor.
People vs. Ty, 263 SCRA 754.
ARTICLE 273 -- Exploitation of child labor.
The mother Johanna Sombong brought
Elements:
daughter Arabella, 7-month-old baby to Ty couple,

52
CRIMINAL LAW II

1) The offender retains a minor in his Note:


service.
a) Where there is intent to kill, this article does not
2) That it is against the will of the minor. apply.
3) That it is under the pretext of b) A permanent, conscious and deliberate
reimbursing himself of a debt incurred by an ascendant, abandonment is required in this Article.
guardian or person entrusted with the custody of such
minor.
ARTICLE 277 -- Abandonment of minor by person
entrusted with his custody/Indifference of parents
ARTICLE 274 -- Services rendered under compulsion
Elements:
for payment of debt.
1) That the offender has charge of the
Elements:
rearing or education of a minor.
1) That the offender compels a debtor to
2) That he delivers said minor to a public
work for him, either as a house servant or farm laborer.
institution or other persons.
2) That it is against the debtors will.
3) That the one who entrusted such child
3) That the purpose is to require or to the offender has not consented to such act, or if the
enforce the payment of a debt. one who entrusted such child to the offender is absent,
the proper authorities have not consented to it.
Note:
ARTICLE 275 -- Abandonment of ones own victim and
persons in danger. a) The second paragraph actually refers to the
indifference of parents, or deliberate failure of parents
Prohibited acts:
to give education to their children which their status in
1) Failing to render assistance to any life requires.
person whom the offender finds in an
uninhabited place, wounded or in danger of
dying, when he can render such assistance ARTICLE 278 -- Exploitation of minor.
without detriment to himself, unless such
Prohibited acts:
omission shall constitute a more serious offense.
1) Causing any boy or girl under 16 to
2) Failing to help or render assistance to
perform any dangerous feat of balancing, physical
another whom the offender has accidentally
strength, or contortion, the offender being any person.
wounded or injured.
2) Employing children under 16 who are
3) Failing to deliver a child, under seven
not his children or descendants in exhibitions of acrobat,
years, whom the offender has found
gymnast, ropewalker, diver, or wild animal tamer, the
abandoned, to the authorities or to his family,
offender being an acrobat, etc. or circus manager or
or by failing to take him to a safe place.
engaged in a similar calling.
Note:
3) Employing any descendant under 12
a) Par. 2 of Article 275 applies only when someone years of age in dangerous exhibitions enumerated in the
is accidentally injured by the accused. next preceding par., the offender being engaged in any of
the said callings.
4) Delivering a child under 16 gratuitously
ARTICLE 276 -- Abandoning a minor.
to any person following any callings enumerated, or to
Elements: any habitual vagrant or beggar, the offender being
ascendant, guardian, teacher or person entrusted in any
1) That the offender has the custody of a
capacity with the car of such child.
child.
5) Inducing any child under 16 to abandon
2) That the child is under seven (7) years.
the home of its ascendants, guardians, curators or
3) That he abandons such child. teachers to follow any person engaged in any callings
mentioned, or to accompany any habitual vagrant or
4) That he has no intent to kill the child
beggar, the offender being any person.
when the child is abandoned.

53
CRIMINAL LAW II

4) In Article 280, act constituting the


crime is entering the dwelling against the owners
ARTICLE 279 -- Additional penalties for other offenses.
will; while under Article 281 the crime is entering
The imposition of the penalties prescribed in the
the closed premises or the fenced estate, without
preceding articles, shall not prevent the imposition upon
securing the permission of the owner or caretaker
the same person of the penalty provided for any other
thereof.
felonies defined and punished by this Code.
5)In Article 280, prohibition to enter is express or
implied; while under Article 281 prohibition to
ARTICLE 280 -- Qualified trespass to dwelling. enter must be manifest.
Any private person who shall enter the dwelling b) P.D. 772 -- penalizes squatting and other similar
of another against the latters will, shall be punished by acts.
x x x and a fine x x x.
Elements:
ARTICLE 282 -- Grave threats.
1) That the offender is a private person.
Prohibited acts:
2) That he enters the dwelling of another.
1) Threatening another with the infliction
3) That such entrance is against the upon his person, honor or property or that of his family
latters will. any wrong amounting to a crime and demanding money
or imposing any other condition, even though not
Note:
unlawful, and the offender attained his purpose.
a) Qualified if committed by means of violence or
2) Making such threat without the
intimidation.
offender attaining his purpose.
b) Lack of permission does not amount to
3) Threatening another with the inflicting
prohibition; there must be opposition on the part of the
upon his person, honor or property or that of his family
owner of the house to the entry of the accused.
any wrong amounting to a crime, the treat not being
c) Prohibition must be in existence prior to or at subject to a condition.
the time of entrance.
Note:
a) The essence of the crime is intimidation.
ARTICLE 281 -- Other forms of trespass.
b) Qualifying circumstances: if threat was made in
Elements: writing or through a middleman.
1) Offender enters the closed premises or c) The act threatened must be wrong.
the fenced estate of another.
d) The crime is consummated as soon as the
2) The entrance is made, while either of threats come to the knowledge of the person threatened.
them is uninhabited. Not necessary that the offended party was present at the
time the threats were made.
3) The prohibition to enter is manifest.
e) Threats made in connection with the
4) The trespasser has not secured the
commission of other crimes are absorbed by the latter,
permission of the owner or caretaker thereof.
but if the threat was made with the deliberate purpose of
Note: creating in the mind of the person threatened the belief
that the threat would be carried into effect, the crime is
a) Distinguish Article 280 (Qualified trespass) from
grave threats, and the minor crime which accompanied it
Article 281 (Other forms of trespass)
should be disregarded.
1)In Article 280, offender is a private person; while
under Article 281 offender is any person.
Reyes vs. People, 27 SCRA 686.
2)In Article 280, offender enters a dwelling house;
while under Article 281 offender enters closed Petitioner Rosauro Reyes was terminated by
premises or fenced estate. Agustin Hallare as civilian employee of Sangley Point,
Cavite. So Reyes led a rally where he shouted,Putang ina
3)In Article 280, offender enters an inhabited
mo, Agustin. Lumabas ka. Papatayin kita. Reyes was
place; while under Article 281 offender enters an
thus prosecuted for grave threats and grave oral
uninhabited place.

54
CRIMINAL LAW II

defamation where lower court convicted him for both 1) Any person who x x x shall threaten
crimes. another with a weapon, or draw such weapon
in a quarrel, unless it be in lawful self-defense.
Held: SC affirmed his conviction for GRAVE
THREATS. This is because the words uttered were 2) Any person who, in the heat of anger,
intended to threaten victim with a physical harm shall orally threaten another with some harm
amounting to a crime, with the deliberate purpose of not constituting a crime, and who by
creating the belief it will be carried out. However, SC subsequent acts shows that he did not persist in
held there was no GRAVE ORAL DEFAMATION because the idea involved in his threat x x x.
the words Putang ina mo is a common expression
3) Any person who shall orally threaten to
employed to show anger, but not really intended to
do another any harm not constituting a felony.
slander or defame the victims mother. This should not
be taken literally by hearer as reflective of the mother
being a prostitute but accompanying the threats for
ARTICLE 286 -- Grave coercion.
emphasis, and out of anger.
Elements:
1) That a person prevented another from
ARTICLE 283 -- Light threats.
doing something not prohibited by law, or
Elements:
2) That he compelled him to do
1) That the offender makes a threat to something against his will, whether it be right or wrong.
commit a wrong.
3) That the prevention or compulsion be
2) That the wrong does not constitute a effected by violence, either by material force or such
crime. display of force as would produce intimidation and
control the will of the offended party.
3) That there is a demand for money or
that other condition is imposed, even though 4) That the person that restrained the will
not unlawful. and liberty of another did not have the authority of law
or the right to do so, neither in the exercise of any
4) That the offender has or has not
lawful right.
attained his purpose.
Note:
Note:
a) The act of preventing by force must be made at
a) Blackmailing may be punished under Article
the time the offended party was doing or about to do the
283.
act to be prevented; if the act was already done when
violence was exerted, the crime is unjust vexation.
ARTICLE 284 -- Bond for good behavior. b) Coercion is consummated even if the offended
party did not accede to the purpose of the coercion.
x x x The person making the threats may also
be required to give bail not to molest the person Timoner vs. People, 125 SCRA 830.
threatened, or if he shall fail to give such bail x x x.
Petitioner Daet Mayor Timoner ordered two
Note: policemen and six men to demolish stalls along Maharlika
Highway. The group fenced off the stalls which protruded
a) Cases when a person is obliged to file the bond:
into the sidewalk which were used as barbershops,
1) When he threatens another under sauna, etc. Petitioner was sued, and convicted, for grave
circumstances mentioned in Article 282. coercion in the lower court and CA.
2) When he threatens another under Held: SC reversed the conviction and held
circumstances mentioned under Article 283. there was no grave coercion. The reason: the 3 rd
element of grave coercion which is that the one
preventing another from doing something not
ARTICLE 285 -- Other light threats. prohibited by law, or the one compelling another from
doing something against his will was NOT AUTHORIZED
The penalty of x x x and a fine of x x x shall be
BY LAW was conspicuously absent. Petitioner Timoner,
imposed upon
after all, was authorized to dismantle the stalls pursuant
to the recommendation of the Municipal Health Officer

55
CRIMINAL LAW II

that the stalls were nuisance per se, for failing to comply laborers or employee in the free and legal
with the health and sanitation standards of the office. exercise of their industry or work.
2) That the purpose is to organize,
maintain or prevent coalitions of capital or
ARTICLE 287 -- Light coercion.
labor , strike of laborers or lockout of
Elements: employees.
1) That the offender must be a creditor.
2) That the offender seizes anything ARTICLE 290 -- Discovering secrets through seizure of
belonging to the debtor. correspondence.
3) That the seizure of the thing be Elements:
accomplished by means of violence, or a display of
1) That the offender is a private individual
material force producing intimidation.
or even a public officer not in the exercise of his
4) That the purpose of the offender is to official functions.
apply the same to the payment of debt.
2) That he seizes the papers or letters of
Note: another.
a) If no violence is employed, crime is unjust 3) That the purpose is to discover the
vexation. secrets of the other person.
b) Unjust vexation -- includes any human conduct 4) That the informed is informed of the
which, although not productive of some physical or contents of the papers or letters seized.
material harm, would unjustly annoy or vex an innocent
person. The paramount question to determine whether
or not there is unjust vexation is whether the offenders
act caused annoyance, irritation, vexation, torment,
distress or disturbance to the mind of the person to
whom it is directed.
ARTICLE 291 -- Revealing secrets through abuse of
office.
ARTICLE 288 -- Other similar coercions. (Compulsory
purchase of merchandise and payment of wages by Elements:
means of tokens.)
1) That the offender is a manager,
Prohibited acts: employee or servant.
1) Forcing or compelling or knowingly 2) That he learns the secrets of his
permitting the forcing or compelling of the principal or master in such capacity.
laborer or employee of the offender to purchase
3) That he reveals such secrets.
merchandise or commodities of any kind from
him. Note:
2) Paying the wages due his laborer or a) Damage is not necessary.
employee by means of token or objects other
than the legal tender currency of the Philippines,
unless expressly requested by such laborer or ARTICLE 292 -- Revealing industrial secrets.
employee.
Elements:
1) That the offender is a person in charge,
ARTICLE 289 -- Formation, maintenance and employee, or workman of a manufacturing or
prohibition of combination of capital or labor through industrial establishment.
violence or threats.
2) That the manufacturing/industrial
Elements: establishment has a secret of the industry which
offender has learned.
1) That the offender employs violence or
threats in such degree s to compel or force the 3) That the offender reveals such secrets.
4) That prejudice is caused to the owner.

56
CRIMINAL LAW II

TITLE X - CRIMES AGAINST PROPERTY

ARTICLE 293 -- Who are guilty of robbery.


Elements:
1) That there be personal property
belonging to another.
2) That there is unlawful taking of that
property.
3) That taking must be with intent to gain.
4) That there is violence against or
intimidation of person or use of force upon
things.
Note:

57
CRIMINAL LAW II

a) Robbery is the taking of personal property certain Mosende in Mati, took his shotgun, and then
belonging to another with intent to gain, by means of proceeded to the house of a certain 70-year-old Kalitas, a
violence against or intimidation of any person, use of neighbor of Mosende. Since Kalitas offered resistance
force upon things. with his shotgun, they shot him dead, and absconded
with a large amount, but not before setting Kalitas
b) Classification of robbery:
house on fire. Issue here is whether or not it is a
1)Robbery with violence against or intimidation of composite crime of Robbery with homicide or three
persons. (Articles 294, 297 and 298) separate crimes.
2)Robbery by use of force upon things. (Article Held: SC affirmed conviction for three separate
299 and Article 302) crimes of 1) Robbery in band (for robbery in Mosendes
house), and 2) Robbery with homicide (for robbery and
killing of Kalitas) and 3) Arson (for setting Kalitas house
ARTICLE 294 -- Robbery with violence against or on fire). This could not be a composite crime, unlike in
intimidation of persons. People vs. de Leon where theft of three fighting cocks in
same place constitutes one composite crime of theft
Any person guilty of robbery with the use of
because in De Leon the theft was committed at the
violence against or intimidation of person shall suffer.
same time, in same occasion, and promoted by a single
1) The penalty of reclusion perpetua to criminal resolution. In the instant case, certainly the
death when by reason or on occasion of the criminal intent in robbing Mosende was separate and
robbery, the crime of homicide shall have been distinct from the criminal intent in robbing and killing
committed, or when the robbery shall have been Kalintas, and in putting the latters house on fire.
accompanied by rape, or intentional mutilation
or arson.
People vs. Moreno, 220 SCRA 292.
Note:
Indian couple in Ermita was robbed by Moreno
a) Crime defined in this article is a special complex
who basically acted as a lookout, while Maniquez raped
crime -- the rule is that an intent to take personal
the first maid, while Deloria raped the second maid,
property belonging to another must precede the killing.
Together they absconded with a large amount but were
The original design must be Robbery.
later arrested and prosecuted.
b) Robbery and homicide are separate offenses
Held: SC affirmed lower courts conviction.
when the homicide was not committed on occasion of
Maniqez and Deloria were both convicted for Robbery
or by reason of the robbery. If the original design is not
with rape since they both raped the two maids,
to commit robbery, but the robbery is only after the
respectively. Moreno, on the other hand, was only held
homicide as an afterthought and a minor incident in the
liable for Robbery since he was outside, and did not
homicide, crimes are separate crimes of Robbery and
participate in the rape of the two maids, but only in the
Homicide because there are two separate criminal
Robbery..
intents.
c) When homicide is not proved, the crime is only
robbery and vice-versa. People vs. Dinola, 183 SCRA 747
d) Rape committed on occasion of robbery is still Petitioner Dinola pointed a bladed weapon to
Robbery with rape even if the rape was committed in the victim, and succeeded in raping her around 3 a.m. in
another place. her aunts house. After raping her, he lit a candle and saw
her Citizen watch, which he grabbed, and then fled.
e) Distinctions between Robbery with violence vs.
Lower court held crime was Special complex crime of
Grave coercion:
Robbery with rape.
1) In both crimes, there is violence used
Held: SC modified lower courts decision and
by the offender but in Robbery with violence,
held crime committed was RAPE AND ROBBERY.
there is intent to gain but with Grave coercion,
Considering that the primordial criminal intent was
there is no intent to gain.
really to RAPE, and the taking of the watch was a mere
AFTERTHOUGHT, even accidental which came from a
separate criminal INTENT, two separate crimes were
People vs.Biruar, 130 SCRA 513
committed, RAPE AND ROBBERY. However, if the intent
Petitioner Biruar and ten others performed was to rob but rape was also committed even before the
several criminal acts. First, they went to the house of a robbery, the Complex crime of Robbery with rape is

58
CRIMINAL LAW II

committed. But if the original design was really to rape, children of the owner of lumber yard suffered serious
and the accused after committing rape also committed physical injuries. Lower court held crime was Complex
robbery because the opportunity presented itself, two crime of Robbery with serious physical injuries and
distinct offenses of RAPE AND ROBBERY are committed. serious illegal detention.
Held: SC affirmed lower courts decision. It was
a Complex crIme of ROBBERY with SPI and SERIOUS
GENERAL RULE:
ILLEGAL DETENTION because the detention was used as
1) If the first act was to RAPE, then ROB as a NECESSARY MEANS TO commit robbery, or for the
an afterthought -- two separate crimes of RAPE AND additional amount. The detention was not merely
ROBBERY because two separate criminal ACTS, and two incidental but deliberately employed as a NECESSARY
separate criminal INTENTS. (People vs. Dinola, 183 SCRA MEANS as part of the robbery. SC further stated that
747). taking (or asportation) is already complete when
offender unlawfully deprives owner of the personal
2) If intent was really to ROB but RAPED
without animus revertendi. Once personal property
first or rape preceded the ROBBING -- crime is a
under dominion and controf of robber (even for a short
COMPLEX CRIME of ROBBERY WITH RAPE. (People vs.
time and without opportunity to dispose), robbery is
Moreno, 220 SCRA 292).
already consummated.
Cite also Article 62, Par. 4 (catch-all provision in
determining extent of participation of accused,
respectively). People vs. Astor, 149 SCRA 325
Held: Where, however, the offenders were left
without any choice but to detain the victims as security,
Article 62, par. 4 -- The
until arrangements for their safe passage was made and
circumstances which consist in the
in order to forestall their arrest, the detention here is
MATERIAL EXECUTION of the act, or
ABSORBED in the crime of ROBBERY constituting
in the MEANS EMPLOYED to
violence against or intimidation of persons. The crime
accomplish it, shall serve to aggravate
committed is only ROBBERY and the detention here is
or mitigate the liability of those
ABSORBED because the detention becomes an
persons only who had KNOWLEDGE
INDISPENSABLE MEANS in committing robbery, and
of them at the time of the execution
therefore forming an integral part thereof. Cannot make
of the act, or their COOPERATION
it a separate crime of Serious illegal detention because
therein.
there was NO DETENTION for an appreciable period of
time since victims were immediately set free when the
coast was clear, and offenders were already free to
ARTICLE 295 -- Robbery with physical injuries
escape. (Distinguish this from People vs. Salvilla)
committed in an uninhabited place and by a band, or
with the use of firearm in a street, road or alley.
Note: ARTICLE 296 -- Definition of a band and penalty
incurred by the members thereof.
a) Requisites for liability for acts of other members
of the band: When more than three armed malefactors take
part in the commission of a robbery, it shall be deemed
1) He was a member of the band.
to have been committed by a band. When any of the
2) He was present at the commission of a arms used in the commission of the offense be an
robbery by that band. unlicensed firearm, penalty to be imposed upon al the
malefactors shall be the maximum of the corresponding
3) The other members of the band committed
penalty provided by law, without prejudice to the
an assault.
criminal liability for illegal possession of unlicensed
4) He did not attempt to prevent the assault. firearm.

People vs. Salvilla, 184 SCRA 671 Note:


Salvilla and three others, armed with guns, took a) When at least four armed malefactors take part
P20,000.00 from owner of lumber yard in Iloilo, but in the commission of the robbery, it is deemed
refused to leave because they wanted additional amount. committed by a band.
They were soon overpowered, but in the gunfight the

59
CRIMINAL LAW II

wrongful act, he is presumed to e the taker


and the doer of the whole act.
People vs. Jaranilla, 55 SCRA 563.
Jaranilla and two others stole six fighting cocks
from the tangkal or chicken coop which was fastened by "Motor vehicle" is any vehicle propelled by any
nails as lock. Upon fleeing, they were intercepted by a power other than muscular power using the public
certain Pat. Jabatin whom Jaranilla shot dead. Iloilo CFI highways, but excepting road rollers, trolley cars,
convicted hem for complex crime of Robbery with street-sweepers, sprinklers, lawn mowers,
homicide and penalty is reclusion perpetua. bulldozers, graders, fork-lifts, amphibian trucks, and
cranes if not used on public highways, vehicles,
Held: SC modified decision to two separate
which run only on rails or tracks, and tractors, trailers
crimes of Theft and Homicide. It is not Robbery because
and traction engines of all kinds used exclusively for
there was no force upon things in taking of the fighting
agricultural purposes. Trailers having any number of
cocks because locks of the chicken coop were simply
wheels, when propelled or intended to be propelled
fastened by nail. Its merely Theft because there was
by attachment to a motor vehicle, shall be classified
unlawful taking, without force upon things, or violence
as separate motor vehicle with no power rating.
upon persons. The killing of Pat. Jabatin was a separate
crime of Homicide because killing merely supervened
and was not part of the original plan. Hence, only
"Defacing or tampering with" a serial number is the
Jaranilla who shot policemen was liable for Homicide,
erasing, scratching, altering or changing of the
while his two companions who had no prior knowledge
original factory-inscribed serial number on the motor
or cooperation in the killing was only liable for the
vehicle engine, engine block or chassis of any motor
Theft. (See Article 62, par. 4)
vehicle. Whenever any motor vehicle is found to
S P E C I A L L A W S: have a serial number on its motor engine, engine
block or chassis which is different from that which is
listed in the records of the Bureau of Customs for
R.A. 6539 (Carnapping) motor vehicles imported into the Philippines, that
motor vehicle shall be considered to have a defaced
or tampered with serial number.
Section 1. This Act shall be known and may be cited
as the "Anti-Carnapping Act of 1972."
Section 12 Defacing or tampering with serial
numbers of motor vehicle engines, engine blocks
Section 2. Definition of terms. and chassis. It shall be unlawful for any person to
deface or otherwise tamper with the original or
registered serial number of motor vehicle engines,
"Carnapping" is the taking, with intent to gain, of a engine blocks and chassis.
motor vehicle belonging to another without the
latter's consent, or by means of violence against or
intimidation of persons, or by using force upon Section 13 Penal Provisions. Any person who
things. violates any provisions of this Act shall be punished
with imprisonment for not less than two years nor
more than six years and a fine equal in amount to
It should be emphasized that the Supreme the acquisition cost of the motor vehicle, motor
Court had the occasion to declare that vehicle engine or any other part involved in the
intent to gain, or animus lucrandi, as an violation. x x x
element of the crime of carnapping, is an
internal act and hence presumed from the
unlawful taking of the vehicle. Unlawful Section 14. Penalty for Carnapping. Any person who
taking is deemed complete from the is found guilty of carnapping, as this term is defined
moment the offender gains possession of in Section two of this Act, shall, irrespective of the
the thing even if he has no opportunity to value of motor vehicle taken, be punished by
dispose of the same. imprisonment for not less than fourteen years and
eight months and not more than seventeen years
and four months, when the carnapping is committed
Also, when a person is found in possession without violence or intimidation of persons, or force
of a thing taken in the doing of a recent upon things; and by imprisonment for not less than

60
CRIMINAL LAW II

seventeen years and four months and not more than c. Philippine Highway. It shall refer to any road,
thirty years, when the carnapping is committed by street, passage, highway and bridges or other
means of violence against or intimidation of any parts thereof, or railway or railroad within the
person, or force upon things; and the penalty of life Philippines used by persons, or vehicles, or
imprisonment to death shall be imposed when the locomotives or trains for the movement or
owner, driver or occupant of the carnapped motor circulation of persons or transportation of
vehicle is killed in the commission of the carnapping. goods, articles, or property or both.

People vs. Dela Cruz. 183 SCRA 763. d. Piracy. Any attack upon or seizure of any
vessel, or the taking away of the whole or part
Danilo dela Cruz was the mastermind of the
thereof or its cargo, equipment, or the personal
carnapping who shot the victim and car owner, Anthony
belongings of its complement or passengers,
Banzon, while Beloso acted as the one who advertised
irrespective of the value thereof, by means of
the ad for cars, while Salvador met the interested buyers.
violence against or intimidation of persons or
They were all arrested and prosecuted under R.A. 6539.
force upon things, committed by any person,
Held: SC affirmed their conviction for including a passenger or member of the
Carnapping with homicide. SC held that where homicide complement of said vessel, in Philippine waters,
is committed in the occasion of robbery or carnapping, shall be considered as piracy. The offenders shall
penalty is for Carnapping with homicide, and it is be considered as pirates and punished as
immaterial that death supervened by mere accident hereinafter provided.
without fault or intention of causing it.

-Penalized by reclusion temporal in its medium


and maximum periods if no physical injuries or
other crimes are committed as a result of or on
P.D. 532 (Highway Robbery)
the occasion thereof.

Section 1. Title. This Decree shall be known as


e. Highway Robbery/Brigandage. The seizure of
the Anti-Piracy and Anti-Highway Robbery Law
any person for ransom, extortion or other
of 1974.
unlawful purposes, or the taking away of the
property of another by means of violence
against or intimidation of person or force upon
Section 2. Definition of Terms. The following
things of other unlawful means, committed by
terms shall mean and be understood, as follows:
any person on any Philippine Highway.

a. Philippine Waters. It shall refer to all bodies


-Penalized by reclusion temporal in its minimum
of water, such as but not limited to, seas, gulfs,
period if no physical injuries or other crimes are
bays around, between and connecting each of
committed during or on the occasion of
the Islands of the Philippine Archipelago,
commission of robbery or brigandage.
irrespective of its depth, breadth, length or
dimension, and all other waters belonging to the
Philippines by historic or legal title, including
People vs. Puno, 219 SCRA 85..
territorial sea, the sea-bed, the insular shelves,
and other submarine areas over which the On January 31, 1989, the accused Puno and
Philippines has sovereignty or jurisdiction. companion kidnapped Mrs. Sarmiento, the wife of
Punos boss. While on board the car, Puno and his
companion were able to get P7,000.00 cash for her and
b. Vessel. Any vessel or watercraft used for three checks worth P100,000.00. The victim was able to
transport of passengers and cargo from one jump and Puno and companion were arrested, and
place to another through Philippine Waters. It prosecuted for Kidnapping for ransom. Quezon City RTC,
shall include all kinds and types of vessels or however, held them liable for P.D. 532 or Highway
boats used in fishing. robbery.
Held: SC modified decision, and held Puno
and companion liable for Robbery under Article 294,

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CRIMINAL LAW II

par. 5. Not Kidnapping because no intent to detail her Section 2. Illegal Use of Electricity. - It is
for an appreciable period of time, and detention was hereby declared unlawful for any person,
merely incidental to the primordial criminal intent whether natural or juridical, public or
which was ROBBERY. Not Ransom because ransom is private, to:
money, price or consideration paid for redemption of a
captured person, or release from captivity, which is not
immediately obtained, unlike here where the P7,000.00 (a) Tap, make or cause to be made any
and three checks were immediately given to them. connection with overhead lines, service
Neither is it a violation of PD 532 because the robbery drops, or other electric service wires,
was not done indiscriminately in the public highway, but without previous authority or consent of
the target was already earlier particularly targeted. the private electric utility or rural electric
cooperative concerned;1awphil@alf

P.D. 401, R.A. 7832, and R.A. 8041


(b) Tap, make or cause to be made any
(Theft of electricity, illegal water, electric or telephone
connection to the existing electric service
connections)
facilities of any duly registered consumer
without the latter's or the electric utility's
consent or authority;
P.D. 401, as amended by P.D. 401-A

(c) Tamper, install or use a tampered


Section 1 -- Any person who installs any
electrical meter, jumper, current reversing
water, electrical, telephone or piped gas
transformer, shorting or shunting wire,
connection without previous authority
loop connection or any other device
from the Metropolitan Waterworks and
which interferes with the proper or
Sewerage System, the Manila Electric
accurate registry or metering of electric
Company, the Philippine Long Distance
current or otherwise results in its
Telephone Company, or the Manila Gas
diversion in a manner whereby electricity
Corporation, as the case may be, tampers
is stolen or wasted;
and/or uses tampered water, eletrical or
gas meters, jumpers or other devices
whereby water, electricity or piped gas is
(d) Damage or destroy an electric meter,
stolen; steals or pilfers water, electric or
equipment, wire or conduit or allow any
piped gas meters, or water, electric
of them to be so damaged or destroyed
and/or telephone wires, or piped gas
as to interfere with the proper or accurate
pipes or conduits; knowingly possesses
metering of electric current; and
stolen or pilfered water, electrical or gas
meters as well as stolen or pilfered water,
electrical and/or telephone wires, or
(e) Knowingly use or receive the direct
piped gas pipes and conduits, shall, upon
benefit of electric service obtained
conviction, be punished with prision
through any of the acts mentioned in
correcccorreccional in its minimum period
subsections (a), (b), (c), and (d) above.
or a fine ranging from two thousand to six
thousand pesos, or both.
Section 4. Prima Facie Evidence. - (a) The
presence of any of the following
RA no. 7832
circumstances shall constitute prima facie
evidence of illegal use of electricity, as
defined in this Act, by the person
Section 1. Short Title. - This Act shall be
benefitted thereby, and shall be the basis
referred to as the "Anti-electricity and
for: (1) the immediate disconnection by
Electric Transmission Lines/Materials
the electric utility to such person after
Pilferage Act of 1994."
due notice, (2) the holding of a
preliminary investigation by the
prosecutor and the subsequent filing in
court of the pertinent information, and

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CRIMINAL LAW II

(3) the lifting of any temporary restraining concerned or the making of such an offer
order or injunction which may have been to any such officer or employee for not
issued against a private electric utility or reporting the presence of any of the
rural electric cooperative: circumstances enumerated in
subparagraphs (i), (ii), (iii), (iv), (v), (vi), or
(vii) hereof: Provided, however, That the
(i) The presence of a bored hole on the discovery of any of the foregoing
glass cover of the electric meter, or at the circumstances, in order to constitute
back or any other part of said meter; prima facie evidence, must be personally
witnessed and attested to by an officer of
the law or a duly authorized
(ii) The presence inside the electric meter representative of the Energy Regulatory
of salt, sugar and other elements that Board (ERB).
could result in the inaccurate registration
of the meter's internal parts to prevent its
accurate registration of consumption of Section 9. Restriction on the Issuance of
electricity; Restraining Orders or Writs of Injunction.
- No writ of injunction or restraining order
shall be used by any court against any
(iii) The existence of any wiring private electric utility or rural electric
connection which affects the normal cooperative exercising the right and
operation or registration of the electric authority to disconnect electric service as
meter; provided in this Act, unless there is prima
facie evidence that the disconnection was
made with evident bad faith or grave
(iv) The presence of a tampered, broken, abuse of authority.
or fake seal on the meter, or mutilated,
altered or tampered meter recording
chart or graph, or computerized chart, R.A. 8041
graph, or log;

SECTION 1. Short Title. This Act shall


(v) The presence in any part of the be known as the "National Water Crisis
building or its premises which is subject Act of 1995."
to the control of the consumer or on the
electric meter, of a current reversing
transformer, jumper, shorting and/or SECTION 8. Anti-Pilferage. It is hereby
shunting wire, and/or loop connection or declared unlawful for any person to:
any other similar device;

(a) Destroy, damage or interfere with any


(vi) The mutilation, alteration, canal, raceway, ditch, lock, pier, inlet, crib,
reconnection, disconnection, bypassing or bulkhead, dam, gate, service, reservoir,
tampering of instruments, transformers, aqueduct, water mains, water distribution
and accessories; pipes, conduit, pipes, wire benchmark,
monument, or other works, appliance,
machinery buildings, or property of any
(vii) The destruction of, or attempt to water utility entity, whether public or
destroy, any integral accessory of the private;
metering device box which encases an
electric meter, or its metering accessories;
and (b) Do any malicious act which shall
injuriously affect the quantity or quality of
the water or sewage flow of any
(viii) The acceptance of money and/or waterworks and/or sewerage system, or
other valuable consideration by any the supply, conveyance, measurement, or
officer of employee of the electric utility regulation thereof, including the

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CRIMINAL LAW II

prevention of, or interference with any (a) The existence of illegal or unauthorized
authorized person engaged in the tapping to the water main or distribution
discharge of duties connected therewith; pipe;

(c) Prevent, obstruct, and interfere with the (b) The existence of any illegal connection
survey, works, and construction of access such as a reversed meter, shortened vane
road and water mains and distribution wheel, bypass or other connections which
network and any related works of the adversely affect the registration of the
utility entity. water meter;

(d) Tap, make, or cause to be made any (c) The presence of a bored hole in the glass
connection with water lines without prior cover of the water meter, or at the back
authority or consent from the water of or any part of the meter including the
utility concerned; vertical vane;

(e) Tamper, install or use tampered water (d) The presence of tampered, or fake seals
meters, sticks, magnets, reversing water on the meters. Inspection of tampered
meters, shortening of vane wheels and water meters shall be done in the
other devices to steal water or interfere presence of the registered water
with accurate registry or metering of consumer;
water usage, or otherwise result in its
diversion in a manner whereby water is
stolen or wasted; (e) The presence of a reversed meter in the
premises, insertion of rod wire, or stick in
the meter, filed or shortened vane wheel,
(f) Use or receive the direct benefit of water removal or altering of any part of the
service with knowledge that diversion, meter mechanism, use of magnet and any
tampering, or illegal connection existed at similar illegal devices which interfere with
the time of that use, or that the use or the meter registration;
receipt was otherwise without the
authorization of the water utility;
(f) Destruction of the meter protection and
other metering accessories; or
(g) Steal or pilfer water meters, main lines,
pipes and related or ancillary facilities;
(g) Abnormal imprints, traces or marks found
(h) Steal water for profit or resale;
in the meter assembly.

(i) Knowingly possess stolen or tampered


The prima facie shall not apply to
water meters; and
tenants who have occupied the house or
dwelling for ninety (90) days or less.
(j) Knowingly or willfully allow the
occurrence of any of the above.
SECTION 10. Special Aggravating
Circumstances. The following shall be
considered as aggravating:
SECTION 9. Prima Facie Evidence. The
presence of any of the following
circumstances shall constitute prima facie
(a) When the violation is committed in
evidence of theft, pilferage, or of any
conspiracy with at least another person,
unlawful acts enumerated in Section 8
both of whom shall be considered as
hereof:
principals;

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CRIMINAL LAW II

and punished by the penalties respectively prescribed in


this Chapter.
(b) When the offense is committed by, or in
connivance with, private plumber, officer
or employee of the water utility
ARTICLE 299 -- Robbery in an inhabited place or
concerned, who shall be considered as
public building or edifice devoted to worship.
principals; or
Any armed person who shall commit robbery in
an inhabited house, or public building or edifice devoted
(c) When the violation is coupled with the to religious worship, shall be punished by reclusion
sale from a source which is illegal, or temporal, if the value of the property taken shall exceed
unregistered, or unauthorized, or a source P250.00, and if --
with a tampered meter.

a) The malefactors shall enter the house or


P.D. 533 (Cattle Rustling Law) building in which the robbery was committed, by any of
the following means:
Ordonio vs. CA, 199 SCRA 873.
1) Through an opening not intended for entrance
Held: SC affirmed lower courts conviction of
or egress.
Ordonio for cattle rustling and the mere act of tying the
calf without returning it despite owners demand 2) By breaking any wall, roof, or floor or breaking
already consummates the act of cattle rustling. This is any door or window.
because cattle rustling is the taking away by any
3) By using false keys, picklocks or similar tools.
means, methods or schemes, without the consent of the
owner, of an animal, whether or not for profit, whether 4) By using any fictitious name or pretending the
committed with or without violence against or exercise of public authority.
intimidation of persons, or force upon things.
b) x x x
Note:
R.A. 8550 (Illegal Fishing)
a) Inhabited house includes any shelter, ship or
Hizon vs. CA, 265 SCRA 517. vessel constituting the dwelling of one or more persons,
even though the inhabitants are temporarily absent.
b) Public building is every building owned by the
P.D. 330 and P.D. 705 (Illegal Logging)
government, or temporarily used by the same even
Mustang vs. CA, June 19, 1996. though owned by a private person or temporarily
occupied.
c) The whole body of the culprit must be inside the
P.D. 1612 (Fencing)
building to constitute entering.
d) False keys can be genuine keys stolen from the
ARTICLE 297 -- Attempted and frustrated robbery owner, or any key other than those intended by the
committed under certain circumstances. owner for use in the lock forcibly opened. The key must
be stolen. If, however, the inmates inside the house were
When by reason or on occasion of an attempted
forced to produce the key, crime is Robbery with
or frustrated robbery a homicide is committed, the
intimidation.
person guilty of such offense shall be punished by
reclusion temporal in its maximum to reclusion e) If they key was used to open a locked wardrobe,
perpetua, unless the homicide committed shall deserve a receptacle, drawer or inside door, the crime is Theft.
higher penalty under the provisions of this Code.
f) It is Estafa or Theft if the locked or sealed
receptacle is not forced open in the building where it is
kept, or taken therefrom to be broken outside (eg. The
ARTICLE 298 -- Execution of deeds by means of
locked receptacle is considered into the custody of the
violence or intimidation. Any person who, with intent to
offender, or if the receptacle is found outside the building
defraud another, by means of violence or intimidation,
and is forcibly opened.).
shall compel him to sign, execute or deliver any public
instrument or documents, shall be held guilty of robbery

65
CRIMINAL LAW II

Elements:
1) That the offender has in his possession
picklocks of similar tools.
2) That such picklocks or similar tools are
ARTICLE 300 -- Robbery in an uninhabited place and
specially adopted to the commission of robbery.
by a band.
3) That the offender does not have lawful
The robbery mentioned in the next preceding
cause for such possession.
Article, if committed in an uninhabited place and by a
band, shall be punished by the maximum period of the
penalty provided therefor.
ARTICLE 305 -- False keys.
Note:
Note:
a) Qualified robbery with force upon things
a) Tools not mentioned in the next preceding
when the robbery is committed in an uninhabited place,
article.
and by a bond.
b) Genuine keys stolen from the owner.
c) Any keys other than those intended by the
ARTICLE 301 -- What is an inhabited house, public
owner for use in the lock forcibly opened by the offender.
building or building dedicated to religious worship and
their dependencies.
Inhabited house means any shelter, ship or ARTICLE 306 -- Who are brigands. Penalty.
vessel constituting he dwelling or one or more persons,
When more than three armed persons form a
even though the inhabited thereof shall temporarily be
band of robbers for the purpose of committing robbery
absent therefrom when the robbery is committed.
in the highway, or kidnapping performs for the purpose
of extortion or to obtain ransom, for any other purpose
to be attained by means of force and violence, they shall
ARTICLE 302 -- Robbery in an uninhabited place or in
be deemed to be highway robbers or brigands.
a private building.
Any robbery committed in an uninhabited place
or in a building other than those mentioned in the 1 st par. Note:
Of Article 299, if the value of the property taken exceeds
P.D. 532 (Highway Robbery)
P250, shall be punished by prision correccional in its
medium and maximum periods, provided that any of the -- repealing Articles 306 and 307
following circumstances is present.
Highway robbery or brigandage:
Note:
-- the seizure of any person for ransom,
a) Same manner of commission as Article 299. extortion or other unlawful purposes or the taking away
of the property of another by means of violence against
or intimidation of persons or force upon things, or other
ARTICLE 303 -- Robbery of cereals, fruits or firewood unlawful means, committed by any person on any
in an uninhabited place or private building. Philippine highway.
When the robbery consists in the taking of b) Any person who aids or abets the commission of
cereals, fruits or firewood, the culprit shall suffer the highway robbery or brigandage shall be considered
penalty next lower in degree than that prescribed in said accomplices:
articles.
1)By giving information about the movement of
police or other peace officers of the government.
ARTICLE 304 -- Possession of picklocks or similar 2)Acquires or receives property taken from such
tools. brigands.
Any person who shall without lawful cause have 3)In any manner derives any benefit therefrom.
in his possession picklocks or similar tools specially
4)Directly or indirectly abets the commission of
adopted to the commission of the crime of robbery, shall
highway robbery.
be punished by x x x

66
CRIMINAL LAW II

c) Distinctions between Brigandage vs. Robbery in c) Actual or real gain is not necessary, as long as
band: taking was with intent to gain.
1)In Brigandage, the purpose is to commit robbery d) P.D. 581 -- punished highgrading or theft of
in the highway; or to kidnap a person for ransom, gold.
or any other purpose attained by force and
e) P.D. 401 -- punishes the use of tampered
violence; in Robbery in band, purpose is to
water, or electrical meters, to steal water or electricity.
commit robbery, but not necessarily in highway.
2)In Brigandage, agreement is to commit several
robberies is one of the purposes; in Robbery in ARTICLE 309 -- Penalties for Theft..
band, agreement is to commit a particular
robbery.
ARTICLE 310 -- Qualified theft.
3)In brigandage, mere formation is punished; in
Robbery in band, actual commission of robbery is The crime of theft shall be punished by the
necessary. penalties next higher by two degrees than those specified
in the next preceding article, if committed by a domestic
servant, or with grave abuse of confidence, or if the
property stolen is a motor vehicle, mail matter, or large
cattle, or consists of coconuts taken from the premises of
a plantation, fish taken from a fishpond, or fishery, or if
property is taken on the occasion of a fire, earthquake,
typhoon, volcanic eruption, or any other calamity, vehicle
ARTICLE 307 -- Aiding and abetting a band of
accident or civil disturbance.
brigands.
Any person knowingly and in any manner aiding,
abetting or protecting a band of brigands, or giving them
information of the movements of the police, or other
peace officers of the Government, or acquiring or
receiving the property taken by such brigands, shall be
punished x x x.
Note:
a) P.D. 533 (Anti-Cattle Rustling Law of 1974)
ARTICLE 308 -- Who are liable for Theft.
-- The taking away by any means, method or
Elements: scheme, without the consent of the owner/raiser, of any
of the animals (classified as large cattle), whether or not
1) That there be taking of personal
for profit or gain, or whether committed with or without
property.
violence against or intimidation of any person or force
2) That said property belongs to another. upon things. It includes the killing of large cattle, or
taking its meat, or hide, without the consent of the
3) That the taking be done with intent to
owner/raiser.
gain.
4) That the taking be done without the
consent of the owner. b) P.D. 1612 (Anti-Fencing Law)
5) That the taking be accomplished 1) Fencing -- is the act of any person who, with
without the use of violence against, or intent to gain for himself or for another, shall buy,
intimidation of person, or force upon things. receive, possess, keep, acquire, conceal, sell, or
dispose of, or shall buy and sell, or in nay other
Note:
manner deal any article, item, object or anything
a) What distinguishes Theft from robbery is that in of value which he knows, or should be known to
Theft, the offender does not use violence or intimidation him, to have been derived from the proceeds of
or does enter a house or building through any of the the crime of robbery or theft.
means specified in Article 299 or Article 302 in taking
2) Section 5. Presumption of Fencing.
personal property of another with intent to gain.
-- Mere possession of any goods, article,
b) Asportation is complete from the moment the
items, object or anything of value which has been
offender had full possession of the thing.

67
CRIMINAL LAW II

the subject of robbery or thievery shall be prima Note:


facie evidence of fencing.
a) Distinctions between Theft/robbery vs. Article
3) Section 6. Clearance/Permit to Sell/Used 312
Second-Hand Vehicles
1) In Theft/robbery, the gravamen of
-- All stores, establishments or entities dealing offense is taking or asportation; while in Article
in the buy and sell of any good, article, item, 312, the gravamen of the offense is occupation or
object or anything of value shall before offering usurpation.
the same for sale to the public, secure the
2) In Theft/robbery, personal property is
necessary clearance or permit from the station
taken; while in Article 312, real property or real
commander of the INP in the two or city where
right is involved.
such store, establishment or entity is located.
3) In Theft/robbery, there is intent to
-- Any person who fails to secure the required
gain; while in Article 312, there is also intent to
clearance/permit shall also be punished as a
gain.
fence.

ARTICLE 313 -- Altering boundaries or landmarks.


Empelis vs. IAC, 132 SCRA 398.
Elements:
Held: In the case at bar, petitioners
were seen carrying away 50 coconuts while they were 1) That there be boundaries, marks or
still in the premises of the plantation. SC held they monuments of towns, provinces, or estates or any other
would come within the definition of QUALIFIED THEFT marks intended to designate the boundaries of the same.
because the property stolen was coconuts within
2) That the offender alters said boundary
premises of the plantation. Considering, however, that
marks.
petitioners were not able to perform all acts of
execution since they were arrested in the act of stealing
while still within the plantation, the crime is
ARTICLE 314 -- Fraudulent insolvency.
FRUSTRATED qualified theft.
Elements:
1) That the offender is a debtor and that
ARTICLE 311 -- Theft of property of the National Library
he has an obligation due and payable.
and National Museum.
2) That he absconds with his property.
If the property stolen be any property of the
National Library or of the National Museum, the penalty 3) That there be prejudice to his creditors.
shall be x x x.

ARTICLE 315 -- Swindling (Estafa)


Any person who shall defraud another by any of
the means mentioned hereinbelow shall be punished by:
x x x
ARTICLE 312 -- Occupation of real property or 1) With unfaithfulness of abuse of
usurpation of real rights in property. confidence, namely:
Elements: b) By misappropriating or converting, to
the prejudice of another, money, goods or any other
1) That the offender takes possession of
personal property received by the offender in trust or on
any real property or usurps any real rights in property.
commission, or for administration, or under any other
2) That the real property or real rights obligation involving the duty to make deliveries of or to
belong to another. return the same, even though such obligation be totally
or partially guaranteed b7 a band, or by denying having
3) That violence against or intimidation of
received such money, goods, or other property.
persons is used by the offender in occupying or usurping
real property or usurping real rights in property. 2) By means of any of the following false
pretenses:
4) That there is intent to gain.

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CRIMINAL LAW II

d) By postdating a check or issuing a check 1) In theft, a person who received from


in payment of an obligation when the offender has no the offender party anything of value only has
funds in the bank, or his funds deposited herein were not material/physical possession of the same; while in
sufficient to cover the amount of the check. The failure of estafa, the offender receives the thing and has
the drawer of the check to deposit the amount necessary juridical possession of the thing which he can assert
to cover his check within three (3) days from receipt of even against the lawful owner, and misappropriates
notice from the bank and/or the payee or holder that the same.
said check has been dishonored for lack or insufficiency
of funds shall be deemed prima facie evidence of deceit
constituting false pretense or fraudulent act. b) Distinctions between Estafa and
Malversation:
1) In Estafa, the offender is entrusted
Elements of Article 315, no. 1 (a):
with private funds or property; while in
1) That the offender has an onerous Malversation, the offender is entrusted with public
obligation to deliver something of value. funds or property.
2) That offender alters its substance, 2) In Estafa, the offender is a private
quantity of quality. individual or even a public officer who is not
accountable for public funds or property; while in
3) That damage or prejudice is caused to
Malversation, the offender is usually a public officer
another.
accountable for public funds or property.
Elements of Article 315, par. 1 (b):
3) In Estafa, the crime is committed by
1) That money, goods, or other personal misappropriating, converting or denying having
property be received by the offender in trust, or on received money, goods, or other personal property;
commission, or for administration, or under any other while in Malversation, crime is committed by
obligation involving the duty to make delivery, or to appropriating, taking or misappropriating or
return the same. consenting, or through abandonment or negligence,
permitting any other person to take public funds or
2) That there be misappropriation, or
property.
conversion of such money or property by the offender, or
denial of his part of such receipt. 4) Both Estafa and Malversation are
continuing offense.
3) That such misappropriation or
conversion or denial is to the prejudice of another.
4) That there is a demand made by the c) Prosecution under B.P. 22 shall be without
offended party to the offender. prejudice to any liability for violation of Article 315,
par. 2 (d) while while B.P. 22 is a crime mala
3 ways to commit Article 315, par. No. 2 (a)
prohibita, Article 315, par. 2 (d) is a crime mala in se.
1) By using fictitious name.
2) By falsely pretending to possess power,
d) The fine under B.P. 22 is based on the amount of
influence, qualifications, property, credit, agency,
the check and is without regard to the amount of damage
business or imaginary transactions.
caused.
3) By means of other similar deceits.

e) B.P. 22 -- Bouncing Checks Law


Elements of Article 315, par. No. 2 (d)
1) That the offender postdated a check, or
Two (2) offenses punished in B.P. 22:
issued a check in payment of an obligation.
1) Making or drawing and issuing a check
2) That such postdating or issuing a check
knowing at the time of issue that he does not
was done when the offender had no funds in the
have sufficient funds.
bank, or his funds deposited therein were
insufficient to cover the amount of the check.
Note: Elements:
a) Distinctions between Theft and Estafa: a) That a person draws a check.

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b) That the check is made or drawn and system; while under Article 315, par. 2 (d) the crime is
issued to apply on account for for value. mala in se and therefore requires criminal intent.
c) That the person knows that at the time 4) Under B.P. 22, deceit and damage are
of issue he does not have sufficient funds in or not elements of the crime and the mere issuance of bum
credit with the drawee bank for the payment of check creates criminal liability; under Article 315, par. 2
such check upon presentment. (d) deceit and damage must be established.
d) That the check is subsequently 5) Under B.P. 22, the drawer or issuer is
dishonored by the drawee bank. given 5 banking days after receipt of notice of dishonor
to pay the value of the check or make arrangement for
payment thereof, otherwise presumption of knowledge
2) Failing to keep sufficient funds to cover arises; while under Article 315, par. 2 (d) the drawer is
check if presented within a period of 90 days given 3 calendar days to fund the check from receipt of
from the date appearing thereon. notice of dishonor otherwise, presumption of deceit
arises. (Nierras vs. Dacuycuy, 181 SCRA 1)
Elements:
a) That a person has sufficient funds with
the drawee bank when he makes or issues a Saddul vs. vs. CA, 192 SCRA 277.
check.
Saddul was general manager and vice-president
b) That e fails to keep sufficient funds or of AMPI, the local agent of Land Rover of United States.
maintain a credit to cover the full amount if Mr. Cuevas, on the other hand, was AMPI President.
presented within a period of 90 days from the Because Mr. Lyndsay of Land Rover USA dealt directly
date appearing thereon. with Saddul, Cuevas felt bad and eased out Saddul, who
formed his own company as distributor of spare parts
c) That the check is dishonored.
from Land Rover USA. Pursuant to instructions from Ms.
Lyndsay, Saddul sold spare parts worth almost
P150,000.00 and opened a special account in trust for
Exceptions:
Land Rover USA and did not remit the proceeds to AMPI
a) When the check is presented after 90 days from President Cuevas. Saddul was prosecuted and convicted
the date of the check. for Estafa under Article 315, par. 1 (b) by lower court and
CA hence, the instant petition for certiorari before the SC.
b) When the drawer pays the holder the full
amount thereon within five (5)banking days after Held: SC reversed the conviction, and acquitted
receiving notice of dishonor, or non-payment, by the Saddul from Estafa. 1st, Saddul did not receive the
drawee. personal property in trust or in commission with the
duty to return or deliver the proceeds from AMP, which
c) When the drawer makes arrangements for
was also a mere agent, but from Land Rover USA, the
payment in full by the drawee within five (5) working
principal. 2nd, there was no conversion or
days after receipt of notice of dishonor, or non-payment.
misappropriation by Saddul because he merely followed
Land Rovers instruction to hold the money in trust for
the principal pending reconciliation of accounts with
g) Distinctions between B.P. 22 and Article 315, par.
AMPI. 3rd, there was no injury to AMPI because AMPI
2 (d)
was not the owner of the goods, but a mere agent; and
1) Under B.P. 22, only the drawer or persons 4h, there was no demand from Cuevas or AMPI for the
who signed the check for a judicial or artificial person are return of the proceeds of the spare parts knowing
liable but endorsers are not liable; while under Article perhaps that AMPI was not the owner of the goods.
315, par. 2 (d) not only the drawer but also the
endorsers who acted with deceit knowing that the check
is worthless will be criminally liable. Trust receipts (P.D. 115)
2) Under B.P. 22, violation is a malum
prohibitum thus, good faith is not a defense; while
Allied Banking Corp. vs. Ordonez, 192 SCRA 246;
under Article 315, par. 2 (d), the offender should be able
to obtain money or property from the offended party
because of the issuance of the check.
Lee vs. Rodil, 175 SCRA 100.
3) Under B.P. 22, violation is a crime
against public interest which affects the entire banking

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Any person who, for profit or gain, shall interpret dreams,


make forecasts, tell fortunes, or take advantage of the
B.P. 22 (Bouncing checks)
credulity of the public in any other similar manner, shall
suffer the penalty of arresto mayor or a fine not
exceeding 200 pesos.
ARTICLE 316 -- Other forms of Swindling -- The
penalty of arresto mayor in its minimum and medium
period and a fine of not less than the value of the CHATTEL MORTGAGE
damage caused and not more than three times such
value, shall be imposed upon:
Article 319 -- Removal, sale or pledge of mortgaged
property. The penalty or arresto mayor or a fine
amounting to twice the value of the property shall be
1. Any person who, pretending to be owner of
imposed upon:
any real property, shall convey, sell, encumber or
mortgage the same. 1. Any person who shall knowingly remove any
personal property mortgaged under the Chattel
2. Any person, who, knowing that real property
Mortgage Law to any province or city other than
is encumbered, shall dispose of the same,
the one in which it was located at the time of
although such encumbrance be not recorded.
the execution of the mortgage, without the
3. The owner of any personal property who shall written consent of the mortgagee, or his
wrongfully take it from its lawful possessor, to executors, administrators or assigns.
the prejudice of the latter or any third person.
2. Any mortgagor who shall sell or pledge
4. Any person who, to the prejudice of another, personal property already pledged, or any part
shall execute any fictitious contract. thereof, under the terms of the Chattel
Mortgage Law, without the consent of the
5. Any person who shall accept any
mortgagee written on the back of the mortgage
compensation given him under the belief that it
and noted on the record hereof in the office of
was in payment of services rendered or labor
the Register of Deeds of the province where
performed by him, when in fact he did not
such property is located.
actually perform such services or labor.
Articles 320 to 325 on arson are repealed by
6. Any person who, while being a surety in a
P.D. 1613.(See Annex)
bond given in a criminal or civil action, without
express authority from the court or before the
cancellation of his bond or before being relieved
from the obligation contracted by him, shall sell,
mortgage, or, in any other manner, encumber ARTICLE 327 -- Malicious mischief.
the real property or properties with which he
Any person who shall deliberately cause
guaranteed the fulfillment of such obligation.
damage to the property of another not falling within the
Article 317 -- Swindling a minor Any person who terms of the next preceding chapter shall be guilty of
taking advantage of the inexperience or emotions or malicious mischief.
feelings of a minor, to his detriment, shall induce him to
assume any obligation or to give any release or execute a
transfer of any property right in consideration of some Caballes vs. DAR, 168 SCRA 247.
loan of money, credit or other personal property,
whether the loan clearly appears in the document or is
shown in any other form, shall suffer the penalty of
arresto mayor and a fine of a sum ranging from 10 to 50
ARTICLE 328 -- Special cases of malicious mischief.
per cent of the value of the obligation contracted by the
minor. Any person who shall cause damage to obstruct
the performance of public functions, or using any
Article. 318 -- Other deceits The penalty of arresto
poisonous or corrosive substance; or spreading any
mayor and a fine of not less than the amount of the
infection or contagion among cattle; or who causes
damage caused and not more than twice such amount
damage to the property of the National Museum or
shall be imposed upon any person who shall defraud or
National Library, or to any archive or registry,
damage another by any other deceit not mentioned in
waterworks, road, promenade, or any other thing used in
the preceding articles of this chapter.
common by the public, shall be punished x x x

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2) The widowed spouse with respect to


the property which belonged to the deceased spouse,
ARTICLE 329 Other mischiefs-- The mischiefs not
before the same shall have passed into the possession of
included in the next preceding article shall be punished:
another.
3) Brothers and sisters and brothers-in-
1. By arresto mayor in its medium and maximum law and sisters-in-law, if living together.
periods, if the value of the damage caused
The exemption established by this article shall
exceeds 1,000 pesos;
not be applicable to strangers participating in the
2. By arresto mayor in its minimum and medium commission of the crime.
periods, if such value is over 200 pesos but does
not exceed 1,000 pesos; and
3. By arresto menor or fine of not less than the
value of the damage caused and not more than
200 pesos, if the amount involved does not
exceed 200 pesos or cannot be estimated.

Article 330 -- Damage and obstruction to means of


communication The penalty of prision correccional in
its medium and maximum periods shall be imposed upon
any person who shall damage any railway, telegraph or
telephone lines.
If the damage shall result in any derailment of cars,
collision or other accident, the penalty of prision mayor
shall be imposed, without prejudice to the criminal
liability of the offender for the other consequences of his
criminal act.
For the purpose of the provisions of the article, the
electric wires, traction cables, signal system and other
things pertaining to railways, shall be deemed to
constitute an integral part of a railway system.
Article 331 -- Destroying or damaging statues, public
monuments or paintings Any person who shall
destroy or damage statues or any other useful or
ornamental public monument shall suffer the penalty of
arresto mayor in its medium period to prision
correccional in its minimum period.
Any person who shall destroy or damage any useful or
ornamental painting of a public nature shall suffer the
penalty of arresto menor or a fine not exceeding 200
pesos, or both such fine and imprisonment, in the
discretion of the court.

ARTICLE 332 -- Persons exempt from criminal liability.


No criminal, but only civil liability, shall result
from the commission of the crime of theft, swindling or
malicious mischief committed or caused mutually by the
following persons: TITLE XI CRIMES AGAINST CHASTITY

1) Spouses, ascendants and descendants,


or relatives by affinity in the same line.
ARTICLE 333 Who are guilty of ADULTERY

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Adultery is committed by 1) Any MARRIED


woman who shall have sexual intercourse with a man
ARTICLE 337 -- Qualified seduction
not her husband and 2) By the man who has carnal
knowledge of the married woman, KNOWING her to be The seduction of a virgin over 12 years and
married, even if the marriage be subsequently declared under 18 years of age, committed by any person in
void. public authority, priest, house servant, domestic,
guardian, teacher, or any person who, in any capacity,
Elements:
shall be entrusted with the education or custody of the
1) That the woman is married. woman seduced, shall be punished by x x x.
2) That she has sexual intercourse with a The penalty next higher in degree imposed
man not her husband. upon any person who shall seduce his sister or
descendant, whether or not she be a virgin or over 18
. 3) That the man KNEW her to be married.
years of age.
Notes:
Seduction is committed when offender has
1) Abandonment of the wife by the carnal knowledge of any of the persons and under the
husband without justification is only a mitigating circumstances described herein.
circumstance.
Two classes:
1) Seduction of a virgin over 12 years and
ARTICLE 334 -- CONCUBINAGE under 18 years of age by certain persons, such as a PIA,
priest, teacher, etc.
Concubinage is committed as follows:
2) Seduction of a sister by her brother, or
1) Any husband who shall keep a mistress
descendant by her ascendant, regardless of her age and
in the conjugal dwelling,
reputation.
2) Or shall have sexual intercourse, under
Note:
scandalous circumstances, with a
woman who is not his wife, 1) Virginity here does no mean physical
virginity. The RPC does not exclude the idea of abduction
3) Or shall cohabit with her in any other
of a virtuous woman of good reputation.
place, shall be punished by x x x
2) Committed through Abuse of
The concubine shall suffer the
AUTHORITY, Abuse of CONFIDENCE, and Abuse of
penalty of destierro.
ReLATIONSHIP. (Recall ACRe)
Note:
1) As regards the concubine, she must
Babanto vs. Zosa, 120 SCRA 834
also know that the man is married.
The accused here, a policeman, brought the
victim, only 13 years of age, to the ABC Hall and raped
ARTICLE 335 -- RAPE (Repealed by R.A. 8353) her. He was charged in the lower court with rape but
convicted only for qualified seduction because according
to the lower court, there was no use of force or violence.
ARTICLE 336 -- Acts of lasciviousness
Held: SC modified and convicted accused
Any person who shall commit any act of instead for RAPE because there was, in fact, resistance
lasciviousness upon any other persons of either sex, when she kicked the accused while the accused was
under any of the circumstances mentioned in the lifting her dress and removing her panty, and when she
preceding article, shall be punished by x x x. cried afterwards. Accused could not be held liable for
Qualified seduction because of failure to allege virginity
Note:
in the Information which is indispensable to secure
1) Distinguish from ABUSES AGAINST conviction for Qualified seduction.
CHASTITY (Article 246) -- Article 246 is committed by a
PUBLIC officer and a mere indecent proposal made
earnestly and persistently is sufficient; while in ACTS OF Perez vs. CA, 168 SCRA 236
LASCIVIOUSNESS, the offender is usually a PRIVATE
Yolanda Mendoza first filed a case for
individual and it is necessary that some actual act of
Consented Abduction against Eleuterio Perez which was
lasciviousness is executed by the offender.

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dismissed. She subsequently filed a case for Qualified


seduction. Accused Perez filed a Motion to Quash
ARTICLE 340 -- Corruption of minors.
invoking double jeopardy.
Any person who shall promote or facilitate the
Held: SC held there was no double jeopardy
prostitution or corruption of persons under age to
and denied the Motion to Quash. In Consented
satisfy the lust of another, shall be punished by x x x and
abduction, the gravamen of the offense is the, scandal,
if the culprit is a public officer or employee, he shall also
shame and embarrassment caused to family for the
suffer he penalty of temporary absolute disqualification.
abduction of the woman over 12 and under 18 years of
age. In Qualified seduction, on the other hand, the Note:
gravamen of the offense is the wrong done on the
1) If the culprit is a public officer or
woman herself who was seduced (there was sexual
employee, including those in GOCC, he shall also suffer
intercourse) through Abuse of authority, confidence or
penalty of Absolute disqualification.
relationship. In Consented abduction, there must be
taking while in Qualified seduction, there is no taking 2) It is not necessary that the unchaste
although in both crimes there is consent. acts shall have been done. Mere PROPOSAL
consummates the offense.

ARTICLE 338 -- Simple seduction


ARTICLE 341 -- White slave trade.
Elements:
Penalty shall be imposed upon any person who
1) That the offended party is over 12 but
shall engage in the business or shall profit by
less than 18 years of age.
prostitution or shall enlist the services of any other
2) That she must be a woman of good person for the purpose of prostitution.
reputation, single or widow.
Prohibited acts:
. 3) That the offender has sexual
1) Engaging in the business of
intercourse with woman.
prostitution.
4) That it is committed by means of
2) Enlisting the services of woman for the
DECEIT.
purpose of prostitution.
Note:
Note:
1) Virginity of the offended party is not required.
1) Habituality is not necessary.
2) Deceit here means false promise to marry the
2) Under the pretext means one who is
offended party.
engaged in the services of a woman ostensibly as a maid
but in reality for the purposes of prostitution, still guilty
of the offense.
ARTICLE 339 -- Acts of lasciviousness with the consent
of the offended party.
Punishable here is any other acts of ARTICLE 342 -- Forcible abduction.
lasciviousness committed by he same persons and the
The abduction of any woman against her will
same circumstances as those provided in Articles 337
and with lewd designs shall be punished by x x x.
and 338.
Elements:
Elements:
1) That the person abducted is any
1) That the offender commits acts of
woman, regardless of her age, civil status or reputation.
lasciviousness or lewdness.
2) That the abduction is against her will.
2) That the acts are committed upon a
woman who is a virgin, or a single widow of good 3) That the abduction is with lewd
reputation, over 12 but under 18 years of age, or a sister designs.
or descendant, regardless of her reputation or age.
Note:
. 3) That the offender accomplishes the acts
1) The taking of the woman may be
by Abuse of AUTHORITY, Abuse of CONFIDENCE, or
accomplished by means of DECEIT first, and then by
Abuse of RELATIONSHIP or DECEIT.
means of violence and intimidation.

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2) If the female abducted is under 12 with LEWD DESIGNS, shall be punished by the penalty of
years of age, crime is forcible abduction, even if she x x x.
voluntarily goes with her abductor.
Elements:
3) Sexual intercourse is not necessary.
1) That the offender must be a VIRGIN.
Intent to seduce is enough.
4) Husband cannot be guilty of forcible
abduction since lewd design is wanting. 2) That she must be over 12 and under 18
years of age.
5) Distinguished from GRAVE COERCION:
3) That the taking away must be with her
a) In Forcible Abduction, there is lewd CONSENT, after solicitation or cajolery from the offended
designs; while in Grave Coercion, there is no party.
lewd design, provided there is no deprivation of
liberty for an appreciable length of time. 4) That the taking away of the offended
party must be with LEWD DESIGNS.
6) Attempted rape is absorbed by forcible
abduction as attempted rape constitutes the element of Note:
lewd design. 1) If the girl is under 12 years of age, it is
always FORCIBLE ABDUCTION.

People vs. Alburo, 184 SCRA 655 2) The taking of the virgin need not have
the character of permanency. A temporary taking is
Alburo, a jeeney driver, abducted Evelyn from sufficient, as long as there is lewd design.
school and brought her to Beverly Hills in Cebu where he
raped her inside the jeepney. As defense , he said they
were sweethearts. ARTICLE 344 -- Prosecution of crimes of adultery,
Held: SC affirmed Alburos conviction for concubinage, seduction, abduction, rape and acts of
complex crime of FORCIBLE ABDUCTION WITH RAPE. It lasciviousness.
is a complex crime because the taking or abduction of The crimes of adultery and concubinage shall
Evelyn was a necessary means to commit the crime of not be prosecuted except upon the complaint filed by
rape. If, however, there was no taking anymore but the offended spouse. The offended party cannot
mere sexual intercourse through violence or institute criminal prosecution without including both
intimidation, crime is RAPE. the guilty parties, if they are both alive, nor in ay case,
if he shall have consented or pardoned the offenders.

People vs. Godines, 196 SCRA 765. The offense of SEDUCTION, ABDUCTION, RAPE
OR ACTS OF LASCIVIOUSNESS shall not be prosecuted
Godinez and Moreno robbed the Vilaksi couple. except upon a complaint filed by the offended party or
After that, they dragged the victim, Esther Ancajas a few her parents, grandparents or guardian, nor in any case,
meters from the house, and raped her among tall cogon if the offender has been expressly pardoned by the
grass. Masbate RTC convicted them for Robbery, and abovenamed persons, as the case may be.
Forcible abduction with rape.
In cases of SEDUCTION, ABDUCTION, ACTS OF
Held: SC lower courts decision and LASCIVIOUSNESS AND RAPE, the marriage of the
convicted them for robbery, and two rapes. The crime offender with the offended party shall extinguish the
of forcible abduction was absorbed in the crime of rape criminal action, or remit the penalty already imposed
because the main purpose was to rape, and the taking upon him. The provisions of this paragraph shall also be
or forcible abduction was not a necessary means since applicable to the co-principals, accomplices and
they could have raped the victim inside the house, accessories AFTER THE FACT of the abovementioned
anyway. Taking was only incidental and not necessary to crimes.
the commission of rape. If, taking, however, was a
necessary means, crime is Forcible abduction with rape. Note:
1) Adultery and concubinage must be
prosecuted upon the complaint signed by the offended
ARTICLE 343 -- Consented abduction. spouse.
The abduction of a virgin over twelve and 2) Both the guilty parties, if both alive,
under 18 years of age, carried out with her consent and must be included in the complaint for adultery, or
concubinage.
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. 3) When the offended party is of age and The adulterer and the concubine in the case
is in complete possession of her mental and physical provided for in Articles 333 and 334 may also be
faculties, she alone can file the Complaint. sentenced in the same proceeding, or in a separate civil
proceeding, to indemnify for damages caused to the
4) Express pardon of the offender is a bar
offended spouse.
to prosecution for seduction, abduction, rape or acts of
lasciviousness.
5) Condonation is not pardon in ARTICLE 346 -- Liability of ascendants, guardians,
concubinage or adultery -- any subsequent acts of the teachers or other persons entrusted with the custody of
offender showing that there was no repentance will not the offended party.
bar the prosecution of the offense.
The ascendants, guardians, curators, teachers,
6) Pardon by the offended party who is a and any person who, by abuse of authority or
minor must have the concurrence of parents -- except confidential relationship, shall cooperate as accomplices
when the offended party has no parents. in the perpetration of the crimes embraced in chapters
second, third and fourth of this Title, shall be punished
7) Seduction, abduction and acts of
as PRINCIPALS.
lasciviousness must be prosecuted upon the complaint
filed by:1) Offended party;2) Her parents;
3) Grandparents; 4) Guardians. And strictly in the
ORDER named above.

People vs. Ibay-Somera, 174 SCRA 653.


Held: SC held that since the German husband
was no longer lawfully married to petitioner Imelda
Pilapil at the time he filed the case for adultery, the
complaint must be dismissed. Article 344 provides that
adultery can only be prosecuted upon the sworn written
complaint by the offended spouse. Since the German
husband was no longer an offended spouse by virtue of
the divorce decree in 1986 he obtained in Germany
which is recognized here in Philippines also because of
nationality principle, the petitioners Motion to Quash
the Information is hereby granted. There is no more
marriage vow to protect nor any danger of introducing
spurious heirs into the family since there is no spousal
relationship to speak of anymore.

ARTICLE 345 -- Civil liability of persons guilty of crimes


against chastity.
Persons guilty of rape, seduction or abduction,
shall also be sentenced:
1) To indemnify the offended woman.
2) To acknowledge the offspring, unless
the law should prevent him from so doing.
3) In every case to support the offspring.

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TITLE XII CRIMES AGAINST CIVIL STATUS OF PERSONS

ARTICLE 347 -- Simulation of births, substitution of one


child for another and concealment or abandonment of a
legitimate child.
The simulation of births and the substitution of
one child for another shall be punished by x x x. The
same penalty shall be imposed upon any person who
shall conceal or abandon any legitimate child with
intent to cause such child to lose its civil status.
Prohibited acts:
1) Simulation of births.
2) Substitution of one child for another.
3) Concealment or abandonment of a
legitimate child with intent to cause such child o lose its
civil status.
Note:
1) Simulation of birth -- takes place
when the woman pretends to be pregnant when, in fact,
she is not and on the day of the supposed delivery takes
the child of another as her down. Simulation is a crime
which alters the civil status of a person.
2) A physician or surgeon or public officer
who cooperates in the execution of the crime is also
criminally liable.

ARTICLE 348 -- Usurpation of civil status.


Penalty shall be imposed upon any person who
shall usurp the civil status of another, should he do so
for the purpose of DEFRAUDING the offended party of
his heirs.
Note:
1) Civil status -- includes ones public
station or the rights, duties, capacities and incapacities
which determine a person to a given class. There must be
intent to enjoy the rights arising from the civil status of
another.
2) The crime is qualified if the purpose is
to defraud offended parties and heirs.
3) Usurping the civil stats of another is
committed by assuming the filiation, or the parental or
conjugal rights of another.

ARTICLE 349 -- Bigamy


Penalty shall be imposed upon any person who
shall contract a second, or subsequent, marriage before

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the former marriage has been legally dissolved, or Note:


before the absent spouse has been declared
1) This period may be disregarded if the
presumptively dead by means of a judgment rendered
first husband was impotent or sterile.
in the proper proceedings.
2) Period of 301 days is important only for
Note:
cases where the woman is not pregnant or without
1) Nullity of marriage is not a defense in knowledge of such pregnancy. If pregnant, prohibition is
charge of bigamy. good only up to time of delivery.
2) The second marriage must have all the
essential requisites for validity.
ARTICLE 352 -- Performance of illegal marriage
3) Validity of marriage is a prejudicial ceremony.
question to liability for bigamy.
Priests or ministers of any religious
4) A person convicted of bigamy may still denomination or sect, or civil authorities who shall
be prosecuted for concubinage because they are perform or authorize any illegal marriage ceremony
separate and distinct, the first crime or Bigamy being a shall be punished in accordance with the provisions of
crime against Civil status while Concubinage is a crime the Marriage Law.
against Chastity.
Note:
1) Priests, or ministers of any religious
ARTICLE 350 -- Marriage contracted against the denomination or sect, or civil authorities who shall
provisions of laws. perform or authorize any legal marriage ceremony.
Penalty shall be imposed upon any person who 2) Offender must be authorized to
shall contract marriage KNOWING that the solemnize marriage. Otherwise, he is liable under Article
requirements of the law have not been complied with, 177 for Usurpation of authority.
or that the marriage is in DISREGARD of a legal
impediment.
Elements:
1) That the offender contracted
marriage.
2) That he knew at the time that the
requirements of the law were not complied with; or that
the marriage was in disregard of a legal impediment.
3) That the offender must be guilty of
BIGAMY.
Qualifying circumstances:
1) If either of the contracting parties
obtains the consent of the other by means of violence,
intimidation or fraud, he shall be held criminally liable.

ARTICLE 351 -- Premature marriage.


1) Liable is any widow who shall marry within
301 days from the date of he death of her husband, or
before having delivered, if she shall have been pregnant
at the time of his death, shall be punished x x x.
2) The same penalty shall be imposed
upon any woman whose marriage shall have been
annulled, or dissolved, if she shall marry BEFORE her
delivery, or before the expiration of the period of 301
days after the legal separation.

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TITLE XIII CRIMES AGAINST HONOR

ARTICLE 353 -- Definition of LIBEL.


Libel is a public and malicious imputation of a
crime, vice or defect, real or imaginary, or any act,
omission, condition, status or circumstance, tending to
cause the dishonor, discredit or contempt of a natural or
juridical person, or to blacken the memory of one who
is dead.
Note:
1) Defamation is the proper term for libel
as used in Article 353.
2) Communication of the defamatory
matter to some third persons is essential because it
constitutes PUBLICATION.
3) Malice is used to indicate the fact that
the offender is prompted by personal ill will or spite and
speaks not in response to duty, but merely to injure the
reputation of the person defamed.
4) Malice in fact -- may be shown by
proof of ill will, hatred, or purpose to injure; also known
as express Malice.

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Malice in law -- is presumed from brokerage officials with insider trading and fraudulent
defamatory imputation; proof is not required because it practices in the stock market. The CMS officials sued
is presumed to exist from the defamatory imputation. Santos.
5) When the communication is Held: SC held article was not libelous. The reason:
PRIVILEGED, malice is not presumed from the the article is but a faithful reproduction of a pleading
defamatory words. filed before a quasi-judicial body, without any
embellishments, wild imputations, distortions or
6) Identification of the offended party is
defamatory comments calculated to damage the
required in the 4th element.
reputation of the offended parties and expose them to
7) Test to determine whether or not ridicule. Generally, malice is presumed (Malice in law) in
libelous tend to induce hearers to readers to impeach every defamatory imputation but such presumption
his honesty, virtue or reputation or to hold him to public does not arise if the communication is Qualifiedly
ridicule. privileged under 2nd par. of Article 354, thus: A fair and
true report, made in good faith, without any comments
or remarks, of any JUDICIAL, legislative or other officials
THREE ELE MENTS of LIBEL: proceedings, which are not of confidential nature x x x.
M 1) Malice -- whether Malice in law, or
Malice in fact.
Borjal vs. CA, 301 SCRA 1.
V 2) Victim -- must be sufficiently
In 1988, there was a transportation crisis so
identifiable.
government and private sector organized the First
P 3) Publication -- it must be made known to National Convention on Land Transportation. Francisco
another person, preferably in a more or less permanent Wenceslao, an engineer, journalist and businessman, was
form of communication like print, radio, phonograph, chosen Executive Director for the FNLCT project. His task:
painting, theatrical exhibition or cinematographic to raise at least P1.8 milliion for the convention, and he
exhibition, or any similar means. (Recall MVP) sent various solicitation letters for this purpose. Art
Borjal, columnist of Philippine Star, came out with
articles of an alleged false hero making unauthorized
Newsweek vs. IAC, 142 SCRA 171 use of names of President Aquino and Transportation
Scretary Rainerio Reyes in the program, of shady deals
Newsweek came out with an article Island of
and of deceiving people. Wenceslao sued Borjal for libel
Fear which, according to the landowners who are also
asking damages which the RTC and CA sustained.
complainants, depicted them as oppressing and killing
their workers, with impunity. Hence, their case for libel Held: SC reversed RTC and CA decision, and
asking for damages which the Bacolod RTC and CA acquitted Borjal. In relation to the three elements of
sustained. libel, 1st, the victim was not sufficiently identifiable,
because had Wenceslao not identified himself, the
Held: SC, however, reversed the lower court
public would have remained blissfully ignorant of his
and CA and held that the article was not actionable. The
identity; 2nd, there was no Malice in law, nor any
reason: the complainants consisting of an association
MALICE IN FACT which requires that they were
with 8,500 members are not sufficiently identifiable. To
published with knowledge that they are false, or in utter
be libelous, it is essential that the statement must be
disregard of whether they are false or not. In this case,
so sweeping or all-embracing as to apply to every
Borjals article had FACTUAL BASIS because President
individual in that group or class, or sufficiently specific
Aquino and Secretary Reyes, in fact, declined to be
so that each individual in the class or group can prove
included in the project yet Wenceslao still included their
that the defamatory statement specifically pointed to
names, and there were some shady deals which
him, so that he can bring the action separately, if need
transpired; 3rd, there was publication, but publication
be.
here was privileged, and not libelous. SC further said
that the enumeration of Conditionally/qualifiedly
privileged communication which served as Exceptions to
Santos vs. CA, 203 SCRA 692
complaint for libel under Article 354 are not exclusive.
Petitioner Nanerico Santos as columnist of Another exception to libel is if publication involves
Manila Daily Bulletin wrote and published in his column Fair comment on matters involving public interest
an article entitled Charges against CMS Stock which is the doctrine enunciated in Borjal vs. CA.
Brokerage, Inc. The article was quoted verbatim from
an unverified complaint filed with the SEC charging CMS

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ARTICLE 354 -- Requirement of publicity. 3) To secretly overhear, intercept or


record such communication by using a device known as
Every defamatory imputation is presumed to be
detectaphone, walkie-talkie, tape recorded.
malicious, even if true, if no good intention and
justifiable motive for making it is shown, EXCEPT in the 4) To knowingly possess any tape, wire or
following cases: disc record or copies of any communication or spoken
word.
1) A private communication made by any
person to another in the performance of any legal, 5) To replay the same for any person or
moral or social duty; and persons.
2) A fair and true report, made in good 6) To communicate the contents thereof,
faith without any comments or remarks, of any judicial, verbally or in writing.
legislative or other official proceedings, which are not of
7) To furnish transcriptions thereof,
confidential nature, or of any statement, report or
whether complete or partial.
speech delivered in said proceedings, or of any other act
performed by public officers in the exercise of their
functions.
EXCEPTIONS:
Note:
1) When the use of the record or copies
1) Malice in law -- every defamatory are for purposes of evidence in any civil, criminal
imputation is presumed to be malicious, even if it be investigation or trial of offenses.
true, if no good intention or justifiable motive.
2) When a peace officer is authorized by
2) The presumption is rebutted if it is written order from the court to execute any of the acts
shown by the accused that: punishable in cases involving:
a) The defamatory imputation is a) Treason.
TRUE, in case the law allows proof of the truth of
b) Espionage.
the imputation.
c) Provoking war and disloyalty in case of
b) It is published with GOOD
war.
INTENTION.
d) Piracy.
c) There is JUSTIFIABLE MOTIVE for
making it. e) Mutiny in the high seas.
3) Malice is not presumed in the following f) Rebellion.
cases:
g) Conspiracy and proposal to commit
a) A private communication rebellion.
made by any person to another in the performance of
h) Sedition.
any legal, moral or social duty.
i) Inciting to sedition.
b) A fair and true report, of any
judicial, legislative or other proceedings, or of any other j) Conspiracy to commit sedition.
act performed by public officers in the exercise of their
k) Kidnapping.
functions.
l) Other offenses against national
security.
R. A. 4200 (AntiWire TappIng Act )

WRITTEN ORDER GRANTED:


Section 1. Unlawful acts by any person or
1) Written application and examination
participant, not authorized by all the parties to any
under oath.
private communication or spoken word:
2) Reasonable grounds to believe that a
1) To tap any wire or cable.
violation was committed.
2) To use any other device or
3) Reasonable to believe that evidence is
arrangement.
essential to the conviction of any person.

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4) No other means readily available for Elements:


obtaining such evidence.
1) The offender is a reporter, editor or
manager of a newspaper, daily or magazine.
Section 4. Any recording, communication or 2) He publishes facts connected with the
spoken word obtained in violation of the provisions of private life of another.
this Act shall be INADMISSIBLE IN EVIDENCE in any
3) Such facts are offensive to the honor,
judicial, quasi-judicial or administrative hearing or
virtue and reputation of said person.
investigation.
Note:
1) Prohibition applies even if the facts are
ARTICLE 355 -- Libel by means of writings or similar
involved in official proceedings.
means.
2) Gag Law -- Newspaper reports on
A libel committed by means of writing,
cases pertaining to adultery, divorce, issues about the
printing, lithography, engraving, radio, phonograph,
legitimacy of children will necessarily be barred from
painting, theatrical exhibition, cinematographic
publication.
exhibition, or any similar means, shall be punished by x
x x in addition to the civil action which may be brought 3) Sources of news reports may not be
by the offended party. revealed unless the court, or a House Committee of
Congress, finds that such revelation is demanded by the
security of the State.
ARTICLE 356 -- Threatening to publish and offer to
prevent such publication for a compensation.
Penalty shall be imposed upon any person who
threatens another to punish a libel concerning him or ARTICLE 358 -- Slander (Oral defamation)
the parents, spouse, child or other member of the
Oral defamation shall be punished if it is of a
family of the latter, or upon anyone who shall offer to
serious and insulting nature.
prevent the publication of such libel for a compensation
or money consideration. Note:
Note: 1) Kinds of slander:
1) PROHIBITED ACTS: a) Simple slander and
a) Threatening another to publish a libel b) Grave slander when it is of a
concerning him, his parents, spouse, child or other serious and insulting nature.
members of the family.
2) Factors that determine the gravity of
b) Offering to prevent the publication of oral defamation:
such libel for compensation, or money consideration.
a) Upon the expression used.
2) Blackmail any unlawful extortion of
b) On the personal relations of
money by threats of accusation or exposure. It could also
the accused and the offended
constitute Light threats under Article 283.
party.
c) Circumstances surrounding the
ARTICLE 357 -- Prohibited publication of acts referred case.
to in the course of official proceedings.
3) Slander need not be heard by the
Penalty shall be imposed upon any reporter, offended party.
editor or manager of a newspaper, daily or magazine
who shall publish facts connected with the private life
of another, and offensive to the honor, virtue and Victorio vs. CA, 173 SCRA 645
reputation of said person, even though said publication
Atty. Ruiz, a prominent practicing lawyer since
be made in connection with or under the pretext that is
1926, a former Justice of the Peace and member of the
necessary in the narration of any judicial or
Provincial Board of Nueva Ecija, a law professor and
administrative proceedings, wherein such facts have
former president of the Nueva Ecija Bar Association, was
been mentioned.
the former lawyer of petitioners Victorio. Later, the

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Victorio family hired another lawyer, Atty. Castillo and in the same. The author or editor of a book or pamphlet,
one case, Atty. Ruiz became opposing counsel. After or the editor or business manager of a daily newspaper,
hearing, Danilo and Exequiel Victorio uttered the words: magazine or serial publication, shall be responsible for
Kayabang ng putang inang abogadong Ruiz na iyan. the defamation contained therein to the same extent as
Tunaw naman according to utalk, suwapang at if he were the author thereof.
estapapador naman. Atty. Ruiz sued them for Slander.
Note:
Held: SC sustained their conviction for Grave
1) Persons liable for libel:
oral defamation. The word estapador implies deceit
and dishonesty in the exercise of his profession. The a) Any person who shall publish, exhibit or
slanderous statements were uttered without cause the publication or exhibition of any defamation in
provocation, in a loud voice, and totally unfounded, writing, or by similar means.
intended to besmirch the reputation and cast aspersion
b) The author, editor of the book or
on the person, integrity and reputation of Atty. Ruiz. No
pamphlet.
need to prove special damage because the words were
slanderous per se. c) The editor, business manager of
newspaper or magazine responsible to the same extent
as if he were the author.
ARTICLE 359 -- Slander by deed.
d) The owner of the printing plant which
Penalty shall be imposed upon any publishes the libelous article, and all the other persons
person who shall perform any act who in any way participate.
not included in this Title, which shall
2) The offended party must file the
cast dishonor, discredit or contempt
complaint for defamation imputing a crime which cannot
upon another person. If said act is
be prosecuted de officio.
not of a serious nature, the penalty
shall be lower. 3) Libel imputing a vice or defect, not
being an imputation of a crime, is always prosecuted
Note:
upon the Information signed and filed by the Fiscal.
1) A crime against honor which is
committed by performing any act which casts dishonor,
discredit or contempt upon another person. ARTICLE 361 -- Proof of Truth.
2) Slander by deed necessarily refers to In every criminal prosecution for libel, the truth
the performance of an act, not the use of words. may be given in evidence to the court, and if it appears
that the matter charged as libelous is true, and
3) If in addition to slander by deed, there
moreover, that it was published with good motives and
was also present any circumstances like use of force and
for justifiable ends, the defendants shall be acquitted.
with lewd design short of intent to life, separate act of
Acts of lasciviousness. Note:
4) Slapping the face of another is Slander 1) Defenses in Libel/Defamation:
by deed if the intention if to cause shame and
a) It appears that the matters charged as
humiliation.
libelous is true.
5) Irritation or annoyance -- common
b) It was published with good motives.
element of Slander by deed, Unjust vexation, and Acts of
lasciviousness. c) And it was published for a justifiable
end.
a) Without any concurring factor, it is only
Unjust Vexation;
b) If purpose of slapping is to cause ARTICLE 362 -- Libelous remarks.
shame or to humiliate, it is Slander by deed.
Libelous remarks or comments connected with
the matter privileged under the provisions of Article
354, if made with MALICE, shall not exempt the author
ARTICLE 360 -- Persons responsible.
thereof nor the editor or managing editor of a
Any person who shall publish, exhibit or case newspaper from criminal liability.
the publication or exhibition of any defamation in
writing, or by similar means, shall be responsible for

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ARTICLE 363 -- Incriminating innocent persons. Ramirez vs. CA, 248 SCRA 590.
Any person who, by any act not constituting Held: RA 4200 also clearly makes it illegal for
perjury, shall directly incriminate or impute to an any person, not authorized by the parties to any private
innocent person the commission of a crime, shall be communication, to secretly record such communication
punished by x x x. by means of tape recorder. The law makes no distinction
as to whether the party should to be penalized by the
Elements:
statute ought to be a party other than or different from
1) That the offender performs an act. those involved in the private communication.
2) That by such act he directly
incriminates or imputes to an innocent person the
ARTICLE 364 -- Intriguing against Honor.
commission of a crime.
Penalty shall be imposed for any INTRIGUE
3) That such act does not constitute
which has for its principal purpose to blemish the honor
Perjury.
or reputation of a person.
Note:
Note:
1) Incriminating innocent persons vs.
1) This crime is committed by any person
Perjury by making false accusations: In Incriminating
who shall make any intrigue which has for its principal
innocent persons, this is limited to the act of planting
purpose to blemish the honor or reputation of another.
evidence and the like in order to incriminate an innocent
person; while in Perjury by making false accusations, it 2) Intriguing against honor is any scheme
is the giving of false statement under oath, or making a or plot by means which consists of some trickery.
false affidavit, imputing to the person the commission of
a crime.
TITLE IV QUASI-OFFENSES/CRIMINAL NEGLIGENCE

R.A. 4200 (Anti-Wire Tapping Act)


ARTICLE 365 -- Imprudence and negligence.
Any person who, by reckless
Ganaan vs. IAC, 145 SCRA 112
imprudence, shall commit any act
The issue here is whether listening to the which, had it been intentional,
conversation of another through the use of an extension would constitute a grave felony, shall
telephone is prohibited under the Anti-Wire Tapping Act. suffer the penalty of x x x
Held: SC acquitted petitioners and held that
R.A. 4200 does not include or punish listening to
RECKLESS IMPRUDENCE consists in voluntarily,
telephone conversation of another through extension
but without malice, doing or failing to do an act from
phone. An extension telephone cannot be placed in the
which material damage results by reason of
same category as a dictaphone, dictograph, walkie-
INEXCUSABLE LACK OF PRECAUTION on the part of the
talkie or other devices enumerated in Section 1 of R.A.
person performing, or failing to perform such act, taking
4200. The law clearly refers only to a tap of a wire or
into consideration his employment of occupation,
cable, or the use of a device or arrangement for
degree of intelligence, physical condition and other
purpose of secretly overhearing, intercepting or
circumstances regarding PERSONS, TIME and PLACE.
recording the communication. There must be either
physical interruption through a wiretap, and the SIMPLE IMPRUDENCE consists in the LACK OF
deliberate installation of a device, or arrangement, in PRECAUTION displayed in those cases in which the
order to overhear, intercept or record the spoken words. damage impending to be cases is not immediate nor the
It refers to instruments whose installation or presence danger clearly manifest.
cannot be presumed by the parties being overheard
Note:
because they are not of common usage, and their
purpose is precisely for tapping, intercepting or record 1) Acts punished constituting
telephone conversation. On the other hand, a person recklessness or imprudence:
calling another by phone may safely presume that the
a) By committing through reckless
other may have an extension line and runs the risk of
imprudence any act which, had it been intentional,
being heard by a third party.
would constitute grave or less grave felony or light felony.

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b) By committing through simple ARTICLE 366 -- Application of laws enacted prior to this
imprudence or negligence any act which would Code.
otherwise constitute a rave or less serious felony.
Without prejudice to the provisions contained
c) By causing through simple imprudence in Article 22 of this Code, felonies and misdemeanors,
or negligence some wrong which, if done maliciously, committed PRIOR to the date of effectiveness of this
would have constituted a light felony. Code shall be punished in accordance with the Code, or
acts in force at the time of their commission.
2) Imprudence or negligence is not a
crime in itself, but is simply a way of committing a crime.
3) A negligent act causing damage may ARTICLE 367 -- Repealing clause.
produce civil liability arising from a crime or create an
action for quasi-delict under the Civil Code. The injured
party may choose which remedy to enforce and cannot -- GOOD LUCK TO THE BAR EXAMS --
recover on both.
4) Imprudence vs. negligence
distinguished:
a) Imprudence is deficiency of action;
while Negligence is deficiency of perception. SALIENT PROVISIONS OF SPECIAL LAWS
b) Imprudence is failure in precaution;
while Negligence is failure in inadvertence.
P.D. 1613 (AMENDING THE LAW ON ARSON)
c) Imprudence may be avoided by paying
proper attention and using due diligence in foreseeing
them; while Negligence may be avoided by taking the Section 1. Arson. Any person who burns or sets fire to the
necessary precaution once they are foreseen. property of another shall be punished by Prision Mayor.
5) When the reckless or simple The same penalty shall be imposed when a person sets
imprudence only resulted in damage to property, the fire to his own property under circumstances which
penalty is only a fine. expose to danger the life or property of another.
Section 2. Destructive Arson. The penalty of Reclusion
Carillo vs. People, 229 SCRA 386. Temporal in its maximum period to Reclusion Perpetua
shall be imposed if the property burned is any of the
The deceased, a 13-year-old girl named following:
Catherine Acosta, was suffering from acute pain tin the
lower part of her abdomen. It was appendicitis. Dr. 1. Any ammunition factory and other
Madrid, a surgeon, operated on the girl, while Dr. Carillo, establishment where explosives, inflammable or
an anesthesiologist, assisted him. Dr. Carillo, contrary to combustible materials are stored.
SOP, did not weigh the girl before administering 2. Any archive, museum, whether public or
anesthesia to her. Apparently the child suffered from an private, or any edifice devoted to culture,
overdose of Nubain. The child later went on a coma, education or social services.
then died three days after.
3. Any church or place of worship or other
Held: SC held Dr. Carillo and Dr. Madrid building where people usually assemble.
liable for Simple imprudence resulting in homicide.
Simple imprudence is defined as mere lack of 4. Any train, airplane or any aircraft, vessel or
precaution in a situation where either the threatened watercraft, or conveyance for transportation of
harm is not immediate or the danger not openly persons or property
visible. Put in another way, the gravamen of the 4. Any building where evidence is kept for use in
offense of simple imprudence is the failure to exercise any legislative, judicial, administrative or other
the diligence called for by the situation which was not official proceedings.
immediately life-destructive, but which culminted in the
present case in the death of a human being, in this case 5. Any hospital, hotel, dormitory, lodging house,
the victim Catherine. housing tenement, shopping center, public or
private market, theater or movie house or any
similar place or building.

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6. Any building, whether used as a dwelling or 4. If the building or property is insured for
not, situated in a populated or congested area. substantially more than its actual value at the
time of the issuance of the policy.
Section 3. Other Cases of Arson. The penalty of Reclusion
Temporal to Reclusion Perpetua shall be imposed if the 4. If during the lifetime of the corresponding fire
property burned is any of the following: insurance policy more than two fires have
occurred in the same or other premises owned
1. Any building used as offices of the
or under the control of the offender and/or
government or any of its agencies;
insured.
2. Any inhabited house or dwelling;
5. If shortly before the fire, a substantial portion
3. Any industrial establishment, shipyard, oil well of the effects insured and stored in a building or
or mine shaft, platform or tunnel; property had been withdrawn from the
premises except in the ordinary course of
4. Any plantation, farm, pastureland, growing
business.
crop, grain field, orchard, bamboo grove or
forest; 6. If a demand for money or other valuable
consideration was made before the fire in
4. Any rice mill, sugar mill, cane mill or mill
exchange for the desistance of the offender or
central; and
for the safety of the person or property of the
5. Any railway or bus station, airport, wharf or victim.
warehouse.
Section 7. Conspiracy to commit Arson. Conspiracy to
Section 4. Special Aggravating Circumstances in Arson. commit arson shall be punished by Prision Mayor in its
The penalty in any case of arson shall be imposed in its minimum period.
maximum period;
Section 8. Confiscation of Object of Arson. The building
1. If committed with intent to gain; which is the object of arson including the land on which it
is situated shall be confiscated and escheated to the
2. If committed for the benefit of another;
State, unless the owner thereof can prove that he has no
3. If the offender is motivated by spite or hatred participation in nor knowledge of such arson despite the
towards the owner or occupant of the property exercise of due diligence on his part.
burned;
Section 9. Repealing Clause. The provisions of Articles
4. If committed by a syndicate. 320 to 326-B of the Revised Penal Code and all laws,
executive orders, rules and regulations, or parts thereof,
The offense is committed by a syndicate if its is planned
inconsistent with the provisions of this Decree are hereby
or carried out by a group of three (3) or more persons.
repealed or amended accordingly.
Section 5. Where Death Results from Arson. If by reason
of or on the occasion of the arson death results, the
penalty of Reclusion Perpetua to death shall be imposed. R.A. 7877 (Anti Sexual Harassment Act)
Section 6. Prima Facie evidence of Arson. Any of the
following circumstances shall constitute prima facie
This law declares that all forms of sexual
evidence of arson:
harassment in the employment, education or training
1. If the fire started simultaneously in more than environment are unlawful.
one part of the building or establishment.
2. If substantial amount of flammable
Definition
substances or materials are stored within the
building note necessary in the business of the
offender nor for household us.
Work, education or training-related sexual
3. If gasoline, kerosene, petroleum or other harassment is committed by the following:
flammable or combustible substances or
1) an employer
materials soaked therewith or containers
thereof, or any mechanical, electrical, chemical, 2) employee
or electronic contrivance designed to start a fire,
3) manager;
or ashes or traces of any of the foregoing are
found in the ruins or premises of the burned 4) supervisor,
building or property.

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5) agent of the employer 2) The above acts would impair the employees
rights or privileges under existing labor laws; or
6) teacher,
3) The above acts would result in an intimidating,
7) instructor,
hostile, or offensive environment for the
8) professor, employee.
9) coach, Education or Training Environment
10) trainor, or In an education or training environment, sexual
harassment is committed:
11) Any other person.
1) Against one who is under the care, custody or
supervision of the offender;
In order to be liable under this law, the following
2) Against one whose education, training,
persons enumerated above
apprenticeship or tutorship is entrusted to the
Should possess any of the following in a work, training or offender;
education environment:
3) When the sexual favor is made a condition to
1) having authority; the giving of a passing grade, or in the grating of
honors and scholarships or the payment of a
2) influence, or
stipend, allowance or other benefits, privileges
3) moral ascendancy over another. or considerations; or
4) When the sexual advances result in an
intimidating, hostile or offensive environment
Prohibited Acts
for the student, trainee or apprentice.
Solidary Liability
1) demands
The employer or head of office, educational or
2) requests, or training institution hall be solidarily liable for damage
arising from the acts of sexual harassment committed in
3) otherwise requires any sexual favor from the
the employment, education or training environment if
other,
the employer or head of office, educational or training
institution is informed of such acts by the offended party
and no immediate action is taken thereon.
Such acts are deemed a violation of the law
regardless of whether the demand, Prescription
request or requirement for submission is accepted by the Any action arising from the violation of
object of said act. provisions of this law shall prescribe in three (3) years.
RA 9262 (Anti-Violence against Women and
Work-related environment their Children)
Definition

In a work-related or employment environment, Violence against women and their children


sexual harassment is committed when: refers to any act or series of act against a wife, a former
wife, or with whom one has or had a sexual or dating
1) The sexual favor is made as a condition in the relationship, or has a common child, or against her child,
hiring or in the employment, re-employment or legitimate or illegitimate, within or outside the family
continued employment of said individual, or in abode, which result or likely to result in physical, sexual,
granting said individual favorable compensation, psychological harm or suffering, or threats of such acts.
terms, conditions, promotions, or privileges; or
the refusal to grant the sexual favor results in Kinds of Violence
limiting, segregating or classifying the employee Acts of violence may be physical, sexual or
which in a way would discriminate, deprive or economic.
diminish employment opportunities or
otherwise adversely affect said employee; SEXUAL VIOLENCE includes rape, harassment,
lasciviousness, demeaning and sexually suggestive
remarks, physical attack on part of the victims body,

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CRIMINAL LAW II

forcible exposure of the woman or her child to obscene impose the death penalty are hereby repealed or
publications and show, and forcing the victim to engage amended accordingly.
in sexual activity.
SEC. 2. In lieu of the death penalty, the following shall be
PSYCHOLOGICAL VIOLENCE, on the other hand, imposed.
includes mental or emotional abuse like stalking,
(a) the penalty of reclusion perpetua, when the
intimidation, damage to property, public humiliation,
law violated makes use of the nomenclature of
repeated verbal abuse and marital infidelity, and
the penalties of the Revised Penal Code; or
deprivation of right to custody and/or visitation of
common children, among others. (b) the penalty of life imprisonment, when the
law violated does not make use of the
ECONOMIC ABUSE includes withdrawal of
nomenclature of the penalties of the Revised
financial support, preventing the victim from engaging in
Penal Code.
a legitimate profession , work or business, except on valid
grounds; depriving enjoyment of conjugal community or SEC. 3. Person convicted of offenses punished with
property; destroying household property; and controlling reclusion perpetua, or whose sentences will be reduced
the victims own money or property or solely controlling to reclusion perpetua, by reason of this Act, shall not be
the conjugal money or property. eligible for parole under Act No. 4180, otherwise known
as the Indeterminate Sentence Law, as amended.
Provisional Reliefs
SEC. 4. The Board of Pardons and Parole shall cause the
A protection order shall be issued to prevent
publication at least one a week for three consecutive
further acts of violence. The protection order may be the
weeks in a newspaper of general circulation of the names
Barangay Protection Order (BPO), temporary protection
of persons convicted of offenses punished with reclusion
order (TPO) and the permanent protection order (PPO).
perpetua or life imprisonment by reason of this Act who
Some of the relief that may be issued includes are being considered or recommend for commutation or
prohibiting the respondent from harassing, annoying, pardon; Provided, however, That nothing herein shall
contacting or communicating with the petitioner directly limit the power of the President to grant executive
or indirectly; removing the respondent from the clemency under Section 19, Article VII of the
residence of the petitioner regardless of ownership of Constitutions.
residence, removing the personal effects of the
SEC. 5. This Act shall take effect immediately after its
respondent from the residence.
publication in two national newspapers of general
A petition or protection order may be filled by: circulation.
1) offended party; REPUBLIC ACT NO. 9344
2) parents or guardians of the offended party; Section 1 Short Title and Scope -- This Act shall be
known as the "Juvenile Justice and Welfare Act of 2006."
3) relatives within the fourth (4 th) civil degree of the
It shall cover the different stages involving children at risk
victim;
and children in conflict with the law from prevention to
4) officers or social workers of the DSWD; rehabilitation and reintegration.
5) police officers, Punong Barangay or Barangay Kagawad, SEC. 4. Definition of Terms.
6) counselor, therapist, or healthcare provider of the (d) "Child at Risk" refers to a child who is
petitioner; vulnerable to and at the risk of committing criminal
offenses because of personal, family and social
7) at least two (2) concerned responsible citizens of the
circumstances, such as, but not limited to, the following:
City or Municipality of the site of violence.
(1) being abused by any person through sexual, physical,
RA 9346 (ACT PROHIBITING THE IMPOSITION
psychological, mental, economic or any other means and
OF DEATH PENALTY)
the parents or guardian refuse, are unwilling, or unable
SECTION 1. The imposition of the penalty of death is to provide protection for the child;
hereby prohibited. Accordingly, Republic Act No. Eight
(2) being exploited including sexually or economically;
Thousand One Hundred Seventy-Seven (R.A. No. 8177),
otherwise known as the Act Designating Death by Lethal (3) being abandoned or neglected, and after diligent
Injection is hereby repealed. Republic Act No. Seven search and inquiry, the parent or guardian cannot be
Thousand Six Hundred Fifty-Nine (R.A. No. 7659), found;
otherwise known as the Death Penalty Law, and all other
(4) coming from a dysfunctional or broken family or
laws, executive orders and decrees, insofar as they
without a parent or guardian;

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(5) being out of school; The exemption from criminal liability herein
established does not include exemption from civil
(6) being a streetchild;
liability, which shall be enforced in accordance
(7) being a member of a gang; with existing laws.
(8) living in a community with a high level of criminality SEC. 23. System of Diversion. - Children in conflict
or drug abuse; and with the law shall undergo diversion programs
without undergoing court proceedings subject to
(9) living in situations of armed conflict.
the conditions herein provided:
(e) "Child in Conflict with the Law" refers to a
(a) Where the imposable penalty
child who is alleged as, accused of, or adjudged as, having
for the crime committee is not more than
committed an offense under Philippine laws.
six (6) years imprisonment, the law
(j) "Diversion Program" refers to the program enforcement officer or Punong Barangay
that the child in conflict with the law is required to with the assistance of the local social
undergo after he/she is found responsible for an offense welfare and development officer or other
without resorting to formal court proceedings. members of the LCPC shall conduct
mediation, family conferencing and
(q) "Restorative Justice" refers to a principle
conciliation and, where appropriate,
which requires a process of resolving conflicts with the
adopt indigenous modes of conflict
maximum involvement of the victim, the offender and
resolution in accordance with the best
the community. It seeks to obtain reparation for the
interest of the child with a view to
victim; reconciliation of the offender, the offended and
accomplishing the objectives of
the community; and reassurance to the offender that
restorative justice and the formulation of
he/she can be reintegrated into society. It also enhances
a diversion program. The child and his/her
public safety by activating the offender, the victim and
family shall be present in these activities.
the community in prevention strategies.
b) In victimless crimes where the
SEC. 5. Rights of the Child in Conflict with the Law. -
imposable penalty is not more than six (6)
Every child in conflict with the law shall have the
years imprisonment, the local social
following rights, including but not limited to:
welfare and development officer shall
(a) the right not to be subjected to torture meet with the child and his/her parents
or other cruel, inhuman or degrading or guardians for the development of the
treatment or punishment; appropriate diversion and rehabilitation
program, in coordination with the BCPC;
(b) the right not to be imposed a sentence
of capital punishment or life (c) Where the imposable penalty
imprisonment, without the possibility of for the crime committed exceeds six (6)
release; x x x years imprisonment, diversion measures
may be resorted to only by the court.
(I) in general, the right to automatic
suspension of sentence; SEC. 38. Automatic Suspension of Sentence. -
Once the child who is under eighteen (18) years of
(m) the right to probation as an
age at the time of the commission of the offense is
alternative to imprisonment, if qualified
found guilty of the offense charged, the court shall
under the Probation Law;
determine and ascertain any civil liability which
SEC. 6. Minimum Age of Criminal Responsibility. - may have resulted from the offense committed.
A child fifteen (15) years of age or under at the However, instead of pronouncing the judgment of
time of the commission of the offense shall be conviction, the court shall place the child in
exempt from criminal liability. However, the child conflict with the law under suspended sentence,
shall be subjected to an intervention program without need of application: Provided, however,
pursuant to Section 20 of this Act. That suspension of sentence shall still be applied
even if the juvenile is already eighteen years (18)
A child above fifteen (15) years but below eighteen
of age or more at the time of the pronouncement
(18) years of age shall likewise be exempt from
of his/her guilt.
criminal liability and be subjected to an
intervention program, unless he/she has acted Upon suspension of sentence and after
with discernment, in which case, such child shall considering the various circumstances of the child,
be subjected to the appropriate proceedings in the court shall impose the appropriate disposition
accordance with this Act.

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me assures as provided in the Supreme Court Rule (1) Acting as a procurer of a child
on Juveniles in Conflict with the Law. prostitute;
SEC. 42. Probation as an Alternative to (2) Inducing a person to be a
Imprisonment. - The court may, after it shall have client of a child prostitute by
convicted and sentenced a child in conflict with the means of written or oral
law, and upon application at any time, place the advertisements or other similar
child on probation in lieu of service of his/her means;
sentence taking into account the best interest of
(3) Taking advantage of influence
the child. For this purpose, Section 4 of
or relationship to procure a child
Presidential Decree No. 968, otherwise known as
as prostitute;
the "Probation Law of 1976", is hereby amended
accordingly. (4) Threatening or using violence
towards a child to engage him as
REPUBLIC ACT No. 7610
a prostitute; or
Section 1. Title. - This Act shall be known as the
(5) Giving monetary
"Special Protection of Children Against Abuse,
consideration goods or other
Exploitation and Discrimination Act."
pecuniary benefit to a child with
Section 3. Definition of Terms. - intent to engage such child in
prostitution.
(a) "Children" refers to person below eighteen (18)
years of age or those over but are unable to fully (b) Those who commit the act of sexual
take care of themselves or protect themselves intercourse of lascivious conduct with a
from abuse, neglect, cruelty, exploitation or child exploited in prostitution or subject
discrimination because of a physical or mental to other sexual abuse; Provided, That
disability or condition; when the victims is under twelve (12)
years of age, the perpetrators shall be
(b) "Child abuse" refers to the maltreatment,
prosecuted under Article 335, paragraph
whether habitual or not, of the child which
3, for rape and Article 336 of Act No.
includes any of the following:
3815, as amended, the Revised Penal
(1) Psychological and physical abuse, neglect, Code, for rape or lascivious conduct, as
cruelty, sexual abuse and emotional maltreatment; the case may be: Provided, That the
penalty for lascivious conduct when the
(2) Any act by deeds or words which debases,
victim is under twelve (12) years of age
degrades or demeans the intrinsic worth and
shall be reclusion temporal in its medium
dignity of a child as a human being;
period; and
(3) Unreasonable deprivation of his basic needs for
(c) Those who derive profit or advantage
survival, such as food and shelter; or
therefrom, whether as manager or owner
(4) Failure to immediately give medical treatment of the establishment where the
to an injured child resulting in serious impairment prostitution takes place, or of the sauna,
of his growth and development or in his disco, bar, resort, place of entertainment
permanent incapacity or death. or establishment serving as a cover or
which engages in prostitution in addition
Section 5. Child Prostitution and Other Sexual
to the activity for which the license has
Abuse. - Children, whether male or female, who
been issued to said establishment.
for money, profit, or any other consideration or
due to the coercion or influence of any adult, Section 7. Child Trafficking. - Any person
syndicate or group, indulge in sexual intercourse or who shall engage in trading and dealing
lascivious conduct, are deemed to be children with children including, but not limited to,
exploited in prostitution and other sexual abuse. the act of buying and selling of a child for
money, or for any other consideration, or
The penalty of reclusion temporal in its medium
barter, shall suffer the penalty of reclusion
period to reclusion perpetua shall be imposed
temporal to reclusion perpetua. The
upon the following:
penalty shall be imposed in its maximum
(a) Those who engage in or promote, facilitate or period when the victim is under twelve
induce child prostitution which include, but are not (12) years of age.
limited to, the following:

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Section 9. Obscene Publications and


Indecent Shows. - Any person who shall
hire, employ, use, persuade, induce or
coerce a child to perform in obscene
exhibitions and indecent shows, whether
live or in video, or model in obscene
publications or pornographic materials or
to sell or distribute the said materials
shall suffer the penalty of prision mayor in
its medium period.
If the child used as a performer, subject or
seller/distributor is below twelve (12)
years of age, the penalty shall be imposed
in its maximum period.
Any ascendant, guardian, or person
entrusted in any capacity with the care of
a child who shall cause and/or allow such
child to be employed or to participate in
an obscene play, scene, act, movie or
show or in any other acts covered by this
section x x x.
Section 10. Other Acts of Neglect, Abuse,
Cruelty or Exploitation and Other
Conditions Prejudicial to the Child's
Development.
a) Any person who shall commit any other
acts of child abuse, cruelty or exploitation
or to be responsible for other conditions
prejudicial to the child's development x x
x
b) Any person who shall keep or have in
his company a minor, twelve (12) years or
under or who in ten (10) years or more
his junior in any public or private place,
hotel, motel, beer joint, discotheque,
cabaret, pension house, sauna or
massage parlor, beach and/or other
tourist resort or similar places x x x
c) Any person who shall induce, deliver or
offer a minor to any one prohibited by
this Act to keep or have in his company a
minor as provided in the preceding
paragraph x x x

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