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Elements and Notes in Criminal Law Book II by RENE CALLANTA

TITLE ONE
CRIMES AGAINST NATIONAL SECURITY

Crimes against national security

1. Treason (Art. 114);

2. Conspiracy and proposal to commit treason (Art. 115);

3. Misprision of treason (Art. 116); and

4. Espionage (Art. 117).

Crimes against the law of nations

1. Inciting to war or giving motives for reprisals (Art. 118);

2. Violation of neutrality (Art. 119);

3. Corresponding with hostile country (Art. 120);

4. Flight to enemy's country (Art. 121); and

5. Piracy in general and mutiny on the high seas (Art. 122).

The crimes under this title can be prosecuted even if the criminal act or acts were committed outside the
Philippine territorial jurisdiction. However, prosecution can proceed only if the offender is within Philippine
territory or brought to the Philippines pursuant to an extradition treaty. This is one of the instances
where the Revised Penal Code may be given extra-territorial application under Article 2 (5) thereof. In
the case of crimes against the law of nations, the offender can be prosecuted whenever he may be found
because the crimes are regarded as committed against humanity in general.

Article 114
TREASON

ELEMENTS:
a. That the offender owes allegiance to the Government of the Philippines

b. That there is a war in which the Philippines is involved

c. That the offender either –

1) Levies war against the government,
1. breech of allegiance
2. actual assembling of men
3. for the purpose of executing a treasonable design

2) Adheres to the enemies, giving them aid and comfort
1. breech of allegiance
2. adherence
3. giving aid or comfort to the enemy

Requirements of levying war
1) Actual assembling of men;

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Elements and Notes in Criminal Law Book II by RENE CALLANTA

2) To execute a treasonable design by force;

3) Intent is to deliver the country in whole or in part to the enemy; and

4) Collaboration with foreign enemy or some foreign sovereign
Success is not important. What matters is the actual assembly of men and the execution of treasonable
design by force.

 Ways of proving treason:

a. 2 witnesses testifying to same overt act

The testimonies must refer to the same act, place and moment of time. Treason cannot be proved by
circumstantial evidence or by extrajudicial confession.

Example: X saw arms landed in La Union and loaded into a motor vehicle. At this stage, not
sufficient to convict yet. Y later saw the arms unloaded in a warehouse. Will X + Y be sufficient
witnesses to convict? Answer: NO. Because the law requires that 2 witnesses see the SAME
OVERT ACT.

b. Confession of the accused in open court .
Arraignment, pre-trial, trial – OK.

1. If he has pleaded NOT guilty already during arraignment, he can still confess in open court
by stating the particular acts constituting treason.

2. During trial, simply saying “I’m guilty” is not enough.

3. Withdrawing plea of “not guilty” during arraignment not necessary

4. If during arraignment he pleads guilty, court will ask if the accused understands is plea.
Submission of affidavit during trial, even if assisted by counsel is not enough.

 Treason: breach of allegiance to the government, committed by a person who owes allegiance to it.
Allegiance: obligation of fidelity and obedience. It is permanent or temporary depending on whether
the person is a citizen or an alien.

 Evident premeditation, superior strength and treachery are circumstances inherent in treason, and
are, therefore, not aggravating.

 Treason cannot be committed in times of peace, only in times of war – actual hostilities. But no need
for declaration of war

 Not Treasonous:
a. Acceptance of public office and discharge of official duties under the enemy does not
constitute per se the felony of treason (exception: when it is policy determining)

b. Serving in a puppet government (ministerial functions) and in order to serve the populace is
NOT treasonous. But it is treason if: a) there is discretion involved; b) inflicts harm on
Filipinos; c) it is disadvantageous to them.

c. Purpose of offender: to deliver the Philippines to enemy country; if merely to change officials
– not treason

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Elements and Notes in Criminal Law Book II by RENE CALLANTA

 On Citizenship
a. Filipino citizens can commit treason outside the Philippines. But that of an alien must be
committed in the Philippines.

b. Only Filipino citizens or permanent resident aliens can be held liable

c. Alien: with permanent resident status from the BID – it is neither the length of stay in the
Philippines nor the marriage with a Filipino that matters.

 Actual hostilities may determine the date of the commencement of war

 No such thing as attempted treason; mere attempt consummates the crime

 Giving aid or comfort – material element, enhances forces of the enemy country.

Acts which strengthen or tend to strengthen the enemy in the conduct of war against the traitor’s country
or that which weaken and tend to weaken the power of the same.

Example: Financing arms procurement of enemy country. But giving of shelter is not necessarily
“giving aid and comfort.”

 Adherence and giving aid or comfort must concur together.

 Adherence: when a citizen intellectually or emotionally favors the enemy and harbors convictions
disloyal to his country’s policy. But membership in the police force during the occupation is NOT
treason.
Example: Giving information to, or commandeering foodstuffs for the enemy.

 Adherence may be proved by: (1) one witness; (2) from the nature of the act itself; (3) from the
circumstances surrounding the act.

When this adherence or sympathies are converted into aid and comfort, only then they take material
forM. This material form is now what is made punishable. It is usually manifested by the offender in
giving information, commandeering foodstuffs, serving as spy and supplying the enemy with war
materials.

 Treason is a CONTINUING CRIME. Even after the war, offender can be prosecuted.

Treason is a continuing offense. It can be committed by a single act or by a series of acts. It can be
committed in one single time or at different times and only one criminal intent. In construing the
provisions relating to the commission of several acts, the same must be done in pursuance or furtherance
of the act of treason.

No matter how many acts of treason are committed by the offender, he will be liable for only one crime
of treason.

 If you convict a person for treason by reason of irresistible force or uncontrollable fear, you may use
Art.12. No treason through negligence

In the imposition of the penalty for the crime of treason, the court may disregard the presence of
mitigating and aggravating circumstances. It may consider only the number, nature and gravity of the
acts established during the trial. The imposition of the penalty rests largely on the exercise of judicial
discretion.

 When killings and other common crimes are charged as overt act of treason. or to adhere to the enemies and to give them aid or comfort. In the act of levying war or giving aid or comfort to the enemy. No foreign power is involved. The manner in which both crimes are committed in the same. robbery. In time of war b. they cannot be regarded as (1) separate crimes or (2) as complex with treason. In rebellion. A person who has decided to levy war against the government. They decide to commit it  ELEMENTS OF PROPOSAL TO COMMIT TREASON a. being an indispensable element of the same. 4 Elements and Notes in Criminal Law Book II by RENE CALLANTA Defenses that may be availed of by the accused. c. levy war against the government.  Mere agreement and decisions to commit treason is punishable . proposes its execution to some other person/s. In treason. the purpose of the rebels is to substitute the government with their own form of government. BUT the offender does not commit the crime of treason complexed with common crimes because such crimes are inherent to treason. Lawful obedience to a de facto government. murder. the purpose of the offender is to deliver the government to the enemy country or to a foreign power. In sedition. In treason however. In time of war b. and 2. 1. Treason distinguished from Rebellion. He does not recognize the supreme authority of the State. adhere to the enemies and to give them aid or comfort. Article 115 CONSPIRACY TO COMMIT TREASON  ELEMENTS: a. Treason distinguished from Sedition. the offender repudiates his allegiance to the government by means of force or intimidation. He violates his allegiance by fighting the forces of the duly constituted authorities. arson or falsification may be committed by the offender. the offender disagrees with certain policies of the State and seeks to disturb public peace by raising a commotion or public uprising. Duress or uncontrollable fear of immediate death. or 2. 2 or more persons come to an agreement to 1.

the offender is punished two degrees lower than the penalty for the crime of treason. no such amendment was made in misprision of treason. That he has knowledge of any conspiracy (to commit treason) against the government c. they are required to report the same. fort. place and circumstance – the RPC did not fix time. it is already conspiracy. While Treason as a crime should be established by the two-witness rule. Misprision of treason is a crime that may be committed only by citizens of the Philippines. If the other accepts. and not a foreigner b. what if you report to some other high-ranking government official? Ex. That the offender must be owing allegiance to the government. blood relationship is always subservient to national security. without authority therefor.  RPC states 4 individuals. the same is not observed when the crime committed conspiracy to commit treason or when it is only a proposal to commit treason. The criminal liability arises if the treasonous activity was still at the conspiratorial stage  This crime does not apply if the crime of treason is already committed  Crime of omission This is a felony by omission although committed with dolo. In the presence of mitigating and aggravating circumstances. In the imposition of the penalty. plans. not with culpa. the court is not bound by the provisions of Article 63 and 64. The reason is that although blood is thicker than water so to speak. Article 117 Espionage by entering. even aliens can commit said crime because of the amendment to the article. PNP Director? Judge Pimentel says any gov’t official of the DILG is OK. That he conceals or does not disclose and make known the same as soon as possible to the governor or fiscal of the province or the mayor or fiscal of the city in which he resides While in treason. and the ones who learn the conspiracy is a parent or child. . Whether the conspirators are parents or children. Article 116 MISPRISION OF TREASON  ELEMENTS: a.  “To report within a reasonable time” – depends on time. referring to indivisible penalties. Article 20 does not apply here because the persons found liable for this crime are not considered accessories.  Offender is punished as an accessory to the crime of treason Take note that the offender is a principal to the crime of misprision of treason. photographs or other data of a confidential nature relative to the defense of the Philippines. warship. when it comes to security of the state. yet he is penalized only as an accessory. they are treated as principals. 5 Elements and Notes in Criminal Law Book II by RENE CALLANTA  Mere proposal even without acceptance is punishable too. or naval or military establishments or reservation to obtain any information.

or information referred to in paragraph 1 of Article 117.  Not necessary that Philippines is at war with the country to which the information was revealed. It is not conditioned on citizenship. It is sufficient that he entered the prohibited premises. the offender must be a public officer who has in possession the articles.  Espionage: the offense of gathering. which he had in his possession by reason of the public office holds ELEMENTS: a. Unlawful disclosing of information affecting national defense. 616 – An Act to Punish Espionage and Other Offenses against National Security Acts punished 1. 6 Elements and Notes in Criminal Law Book II by RENE CALLANTA  ELEMENTS: a. he reveals or discloses the information which are confidential and are relevant to the defense of the Philippines. b. or losing information respecting the national defense with the intent or reason to believe that the information is to be used to the injury of the Philippines or the advantage of any foreign nation. data or information referred to in par 1 of art 117. 1. photographs or other data of a confidential nature relative to the defense of the Philippines Under the first mode of committing espionage. Taking advantage of his official position. Espionage by disclosing to the representative of a foreign nation the contents of the articles. That he discloses their contents to a representative of a foreign nation  Purpose: to gather data Under the second mode. . the offender is any private individual. Disloyal acts or words in times of peace. data or information by reason of the office he holds. That he has in his possession the articles. whether an alien or a citizen of the Philippines. Disloyal acts or words in times of war. Unlawfully obtaining or permitting to be obtained information affecting national defense. What is important is that the information related is connected with the defense system of the Philippines. That he has no authority therefore. plans. That the offender enters any of the places mentioned therein 2. transmitting. or a public officer. That the offender is a public officer b. Here. 2. 4. 3. the offender must have the intention to obtain information relative to the defense of the PHIL. by reason of the public office he holds c. That his purpose is to obtain information. data.  Wiretapping is NOT espionage if the purpose is not something connected with the defense Commonwealth Act No.

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Elements and Notes in Criminal Law Book II by RENE CALLANTA

5. Conspiracy to violate preceding sections;

6. Harboring or concealing violators of law. and

7. Photographing vital military information

CRIMES AGAINST LAWS OF NATIONS

In crimes against the law of nations, the offenders can be prosecuted anywhere in the world because
these crimes are considered as against humanity in general, like piracy and mutiny . Crimes against
national security can be tried only in the Philippines, as there is a need to bring the offender here before
he can be made to suffer the consequences of the law. The acts against national security may be
committed abroad and still be punishable under our law, but it can not be tried under foreign law.

Article 118
INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS

 ELEMENTS:
a. That the offender performs unlawful or unauthorized acts

b. That such acts provoke or give occasion for a war involving or liable to involve the
Philippines or expose Filipino citizens to reprisals on their persons or property
 Crime is committed in time of peace, intent is immaterial

 Inciting to war – offender is any person

 Reprisals is not limited to military action, it could be economic reprisals, or denial of entry into their
country.

Example. X burns Chinese flag. If China bans the entry of Filipinos into China, that is already reprisal.

Article 119
VIOLATION OF NEUTRALITY

ELEMENTS:
a. That there is war in which the Philippines is not involved

b. That there is a regulation issued by competent authority for the purpose of enforcing
neutrality

c. That the offender violates such regulation

 Gov’t must have declared the neutrality of the Phil in a war between 2 other countries

The regulation must be issued by a competent authority like the President of the Philippines or the Chief
of Staff of the Armed Forces of the Philippines, during a war between different countries in which the
Philippines is not taking sides.

 It is neutrality of the Phil that is violated

 Congress has the right to declare neutrality

The violations can be done either by means of dolo or by means of culpa. So violation of neutrality can
be committed through reckless imprudence.

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Elements and Notes in Criminal Law Book II by RENE CALLANTA

Article 120
CORRESPONDENCE WITH HOSTILE COUNTRY

ELEMENTS:
a. That it is in time of war in which the Philippines is involved

b. That the offender makes correspondence with an enemy country or territory occupied
by enemy troops

c. That the correspondence is either –

1. prohibited by the government, or

2. carried on in ciphers or conventional signs, or

3. containing notice or information which might be useful to the enemy

 Circumstances qualifying the offense:
a. notice or information might be useful to the enemy

b. offender intended to aid the enemy

 Hostile country exist only during hostilities or after the declaration of war

 Correspondence to enemy country – correspondence to officials of enemy country – even if
related to you.

 It is not correspondence with private individual in enemy country

 If ciphers were used, no need for prohibition

 If ciphers were not used, there is a need for prohibition

 In any case, it must be correspondence with the enemy country

 Doesn’t matter if correspondence contains innocent matters – if prohibited, punishable

Article 121
FLIGHT TO ENEMY’S COUNTRY

 ELEMENTS
a. That there is a war in which the Philippines is involved

b. That the offender (Filipino or resident alien) must be owing allegiance to the
government

c. That the offender attempts to flee or go to enemy country

d. That going to enemy country is prohibited by competent authority

 Mere attempt consummates the crime

 There must be a prohibition. If none, even if went to enemy country – no violation

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Elements and Notes in Criminal Law Book II by RENE CALLANTA

 Alien resident may be guilty here.

Article 122
PIRACY

 2 Ways of Committing Piracy
a. By attacking or seizing a vessel on the high seas or in the Philippine waters (PD 532)

b. By seizing the whole or part of the cargo of said vehicles, its equipment or personal belongings of
its complement or passengers

 Elements:
a. That a vessel is on the high seas/Philippine waters

b. That the offenders are not members of its complement or passengers of the vessel

c. That the offenders –

1. attack or seize that vessel or (hence, if committed by crew or passengers, the crime is
not piracy but robbery in the high seas)

2. seize the whole or part of the cargo of said vessel, its equipment or personal
belongings of its complement or passengers

 High seas: any waters on the sea coast which are without the boundaries of the low water mark
although such waters may be in the jurisdictional limits of a foreign gov’t

 Piracy in high seas – jurisdiction is with any court where offenders are found or arrested

 Piracy in internal waters – jurisdiction is only with Philippine courts

 For purpose of Anti-Fencing Law, piracy is part of robbery and theft

Piracy Mutiny
Robbery or forcible degradation on the high Unlawful resistance to a superior officer, or the
seas, without lawful authority and done with raising of commotion and disturbances on board
animo lucrandi and in the spirit and a ship against the authority of its commander
intention of universal hostility.
Intent to gain is an element. No criminal intent
Attack from outside. Offenders are Attack from the inside.
strangers to the vessel.

 under the amended article, piracy can only be committed by a person who is not a passenger nor
member of the complement of the vessel irrespective of venue. So if a passenger or complement
of the vessel commits acts of robbery in the high seas, the crime is robbery, not piracy.
 If in the Phil. waters still piracy

However, despite the amendment, P.D. No. 532 may still apply where the offender is not stranger to the
vessel since it provides: “Any attack upon or seize of any vessel, or the taking away of the whole of part
thereof or its cargo, equipment or the personal belongings of its complement or passengers, irrespective
of the value hereof, by means of violence against or intimidation of persons or force upon things,
committed by any person, including a passenger or member of the complement of said vessel, in
Philippine waters, shall be considered as piracy. The offenders shall be considered as pirates and

Article 123 QUALIFIED PIRACY  QUALIFYING CIRCUMSTANCES: a. or acquires or receives property taken by such pirates.D.  While the Article 122 limits the offenders to non-passengers or non-members of the crew. Note. but only theft. 532 states that the attack upon or seizure of any vessel. under the Revised Penal Code. 532. 3) Offenders either – a. seize the whole or part of the cargo. its equipment. Robbery. therefore. attack or seize the vessel. or b.” After all. however. or passengers of the vessel. or personal belongings of the crew or passengers. the crime of piracy cannot be committed. Elements of mutiny 1) The vessel is on the high seas or Philippine waters. P. 532. Whenever the pirates have abandoned their victims without means of saving themselves c. cannot be committed on board a vessel. It cannot co-exist with the crime of robbery. Whenever the crime is accompanied by murder. Whenever they have seized a vessel by boarding or firing upon the same b. Said section penalizes any person who knowingly and in any manner aids or protects pirates. 2) Offenders are either members of its complement. Considering that the essence of piracy is one of robbery. it is expressly provided in the same section that the offender shall be considered as an accomplice of the principal offenders and punished in accordance with the Revised Penal Code. homicide. Neither may it be considered repealed by Republic Act No. such as giving them information about the movement of the police or other peace officers of the government. 7659 since there is nothing in the amendatory law is inconsistent with said section. that in Section 4 of Presidential Decree No. 532 with respect to piracy in Philippine water has not been incorporated in the Revised Penal Code. any taking in a vessel with force upon things or with violence or intimidation against person is employed will always be piracy . or the raising of commotions and disturbances aboard a ship against the authority of its commander. the offender must be a stranger to the vessel. Apparently. or taking away the whole or part thereof or its cargo. Also. or who directly or indirectly abets the commission of piracy. for one to be called a pirate. 10 Elements and Notes in Criminal Law Book II by RENE CALLANTA punished as hereinafter provided. Mutiny is the unlawful resistance to a superior officer. there is still the crime of abetting piracy in Philippine waters under Presidential Decree No. physical injuries. the act of aiding pirates or abetting piracy is penalized as a crime distinct from piracy. or in any manner derives any benefit therefrom. equipment or personal belongings of its complement or passengers committed by any person including a passenger or member of the complement of said vessel shall be considered Piracy. or rape. This provision of Presidential Decree No. But if the taking is without violence or intimidation on persons or force upon things. (the above may result to qualified mutiny) .

compelling the pilots thereof to land in any part of Philippine territory. 135 SCRA 485) The penalty for qualified piracy is reclusion perpetua to death. homicide. or physical injuries. Although in Article 123 merely refers to qualified piracy. the mandatory penalty of death should be imposed. Republic Act No. any flammable. If any of the circumstances enumerated under the law is proven or established. The common bar question on this law usually involves number 1. murder. this crime is known as aircraft piracy. If not in flight. Note that the first circumstance which qualifies piracy does not apply to mutiny. rape. Mutiny is qualified under the following circumstances: (1) When the offenders abandoned the victims without means of saving themselves. whatever crimes committed shall be governed by the Revised Penal Code. 11 Elements and Notes in Criminal Law Book II by RENE CALLANTA Murder. corrosive. homicide. the penalty of death will still be imposed because death is a single and indispensable penalty. (3) carrying or loading on board an aircraft operating as a public utility passenger aircraft in the Philippines. Rodriguez. explosive. or poisonous substance. physical injuries are mere circumstances qualifying piracy and cannot be punished as separate crimes.  Parricide/infanticide should be included (Judge Pimentel)  Murder/rape/homicide/physical injuries must have been committed on the passengers or complement In piracy. (2) usurping or seizing control of an aircraft of foreign registry while within Philippine territory. Otherwise. nor can they be complexed with piracy. the point of distinction is whether the aircraft is of Philippine registry or foreign registry. explosive. 6235 (The Anti Hi-Jacking Law) Anti hi-jacking is another kind of piracy which is committed in an aircraft. or poisonous substance if this was done not in accordance with the rules and regulations set and promulgated by the Air Transportation Office on this matter. In other countries. compelling the pilots thereof to change the course or destination of the aircraft. where rape. any flammable. the aircraft must be in flight. (People vs. The law makes a distinction between aircraft of a foreign registry and of Philippine registry. The correlative crime may be one of grave coercion or grave threat. The important thing is that before the anti hi-jacking law can apply. Between numbers 1 and 2. The presence of mitigating or aggravating circumstances will be ignored by the court. there is also the crime of qualified mutiny. the anti hi-jacking law will not apply and the crime is still punished under the Revised Penal Code. and (4) loading. This means that even if the accused enters a plea of guilty. Four situations governed by anti hi-jacking law: (1) usurping or seizing control of an aircraft of Philippine registry while it is in flight. If somebody is killed. as the . it should be in flight at the time of the hi-jacking. or (2) When the mutiny is accompanied by rape. If the aircraft subject of the hi-jack is of Philippine registry. corrosive. or transporting on board a cargo aircraft operating as a public utility in the Philippines. shipping. the crime is homicide or murder. murder or homicide is committed. the mandatory penalty of death is imposable.

Note that under this law. This means that there are passengers that boarded. the law will not apply because the aircraft is not yet in flight. Even if the problem does not say that all exterior doors are closed. some of the armed men were also there. Since the aircraft is of foreign registry. simply usurping or seizing control is enough as long as the aircraft is within Philippine territory. So even if any of the acts mentioned were committed while the exterior doors of the foreign aircraft were still open. the crime is hi-jacking. technically they are still in flight. What crime was committed? The criminal intent definitely is to take control of the aircraft. If there are some explosives carried there. under the law. if the aircraft is of foreign registry. . While the pilot and co-pilot are taking their snacks at the airport lounge. Hence. Although they may have been in a foreign country. an aircraft is considered in flight from the moment all exterior doors are closed following embarkation until such time when the same doors are again opened for disembarkation. The passengers have yet to board the aircraft. This is a special law where the attempted stage is not punishable. 3. Note. they pulled out their firearms and gave instructions where to fly the aircraft. Note that the aircraft is of Philippine registry. the law does not require that it be in flight before the anti hi-jacking law can apply. It is a question now of whether the anti-hi-jacking law shall govern. the offenders are apprehended. without the requirement that it be in flight. If at that time. Does the anti hi-jacking law apply? No. Explosives are by nature pyro-techniques. other special laws will apply. The anti hi-jacking law is applicable in this case. The pilots of the Pan Am aircraft were accosted by some armed men and were told to proceed to the aircraft to fly it to a foreign destination. the doors were still open. before the pilot could fly the aircraft towards the Middle East. they directed the pilot to fly the aircraft to the Middle East. The pilots were followed by these men on their way to the aircraft. The aircraft shall be deemed to be already in flight even if its engine has not yet been started. So if the doors are closed to bring the aircraft to the hangar. the anti hi-jacking law is not applicable. 12 Elements and Notes in Criminal Law Book II by RENE CALLANTA case may be. As soon as the pilots entered the cockpit. While the stewardess of a Philippine Air Lines plane bound for Cebu was waiting for the passenger manifest. because they have to move out of that foreign country. however. 2. A Philippine Air Lines aircraft is bound for Davao. This is because aircrafts of foreign registry are considered in transit while they are in foreign countries. On the other hand. the requirement that it be in flight does not hold true when in comes to aircraft of foreign registry. Instead. However. the offenders were subdued and the aircraft landed. the crime is destructive arson. Questions & Answers 1. Destruction of property with the use of pyro-technique is destructive arson. Considering that the stewardess was still waiting for the passenger manifest. the aircraft is not considered as in flight. the anti hi- jacking law will already govern. If there is illegally possessed or carried firearm. At gunpoint. that there is no hi-jacking in the attempted stage. The armed men walked with the pilots and went on board the aircraft. alert marshals arrested them. But before they could do anything on the aircraft. two of its passengers seated near the pilot surreptitiously entered the pilot cockpit. What crime was committed? The aircraft was not yet in flight. Even if the aircraft is not yet about to fly. which is hi-jacking.

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Elements and Notes in Criminal Law Book II by RENE CALLANTA

the Revised Penal Code shall govern. The crime committed was grave coercion or grave threat,
depending upon whether or not any serious offense violence was inflicted upon the pilot.

However, if the aircraft were of foreign registry, the act would already be subject to the anti hi-
jacking law because there is no requirement for foreign aircraft to be in flight before such law would
apply. The reason for the distinction is that as long as such aircraft has not returned to its home base,
technically, it is still considered in transit or in flight.

As to numbers 3 and 4 of Republic Act No. 6235, the distinction is whether the aircraft is a passenger
aircraft or a cargo aircraft. In both cases, however, the law applies only to public utility aircraft in
the Philippines. Private aircrafts are not subject to the anti hi-jacking law, in so far as transporting
prohibited substances are concerned.

If the aircraft is a passenger aircraft, the prohibition is absolute. Carrying of any prohibited, flammable,
corrosive, or explosive substance is a crime under Republic Act No. 6235. But if the aircraft is only a
cargo aircraft, the law is violated only when the transporting of the prohibited substance was not done in
accordance with the rules and regulations prescribed by the Air Transportation Office in the matter of
shipment of such things. The Board of Transportation provides the manner of packing of such kind of
articles, the quantity in which they may be loaded at any time, etc. Otherwise, the anti hi-jacking law
does not apply.

However, under Section 7, any physical injury or damage to property which would result from the
carrying or loading of the flammable, corrosive, explosive, or poisonous substance in an aircraft, the
offender shall be prosecuted not only for violation of Republic Act No. 6235, but also for the crime of
physical injuries or damage to property, as the case may be, under the Revised Penal Code. There will
be two prosecutions here. Other than this situation, the crime of physical injuries will be absorbed. If
the explosives were planted in the aircraft to blow up the aircraft, the circumstance will qualify the
penalty and that is not punishable as a separate crime for murder. The penalty is increased under the
anti hi-jacking law.

All other acts outside of the four are merely qualifying circumstances and would bring about higher
penalty. Such acts would not constitute another crime. So the killing or explosion will only qualify the
penalty to a higher one.

Questions & Answers

1. In the course of the hi-jack, a passenger or complement was shot and killed. What
crime or crimes were committed?

The crime remains to be a violation of the anti hi-jacking law, but the penalty thereof shall be
higher because a passenger or complement of the aircraft had been killed. The crime of homicide
or murder is not committed.

2. The hi-jackers threatened to detonate a bomb in the course of the hi-jack. What crime
or crimes were committed?

Again, the crime is violation of the anti hi-jacking law. The separate crime of grave threat is not
committed. This is considered as a qualifying circumstance that shall serve to increase the penalty.

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Elements and Notes in Criminal Law Book II by RENE CALLANTA

TITLE TWO

CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

Crimes against the fundamental laws of the State

1. Arbitrary detention (Art. 124);

2. Delay in the delivery of detained persons to the proper judicial authorities (Art. 125);

3. Delaying release (Art. 126);

4. Expulsion (Art. 127);

5. Violation of domicile (Art. 128);

6. Search warrants maliciously obtained and abuse in the service of those legally obtained (Art.
129);

7. Searching domicile without witnesses (Art. 130);

8. Prohibition, interruption, and dissolution of peaceful meetings (Art. 131);

9. Interruption of religious worship (Art. 132); and

10. Offending the religious feelings (Art. 133);

Under this title, the offenders are public officers, except as to the last crime – offending the religious
feelings under Article 133, which refers to any person. The public officers who may be held liable are
only those acting under supposed exercise of official functions, albeit illegally. But private persons may
also be liable under this title as when a private person conspires with a public officer. What is required is
that the principal offender must be a public officer. Thus, if a private person conspires with a public
officer, or becomes an accessory or accomplice, the private person also becomes liable for the same
crime. But a private person acting alone cannot commit the crimes under Article 124 to 132 of this title.

Classes of Arbitrary Detention:
a. By detaining a person without legal ground
b. Delay in the delivery of detained persons to the proper judicial authorities
c. Delaying release

Article 124
ARBITRARY DETENTION

 ELEMENTS:
a. That the offender is a public officer or employee (whose official duties include the authority
to make an arrest and detain persons; jurisdiction to maintain peace and order).

b. That he detains a person (actual restraint).

c. That the detention was without legal grounds (cannot be committed if with warrant).

 Detention: when a person is placed in confinement or there is a restraint on his person.

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Elements and Notes in Criminal Law Book II by RENE CALLANTA

Only those public officers whose official duties carry with it the authority to make an arrest and detain
persons can be guilty of this crime. So, if the offender does not possess such authority, the crime
committed by him is illegal detention.

 Though the elements specify that the offender be a public officer or employee, private individuals
who conspire with public officers can also be liable.

In a case decided by the Supreme Court a Barangay Chairman who unlawfully detains another was held
to be guilty of the crime of arbitrary detention. This is because he is a person in authority vested with
the jurisdiction to maintain peace and order within his barangay. In the maintenance of such peace and
order, he may cause the arrest and detention of troublemakers or those who disturb the peace and order
within his barangay. But if the legal basis for the apprehension and detention does not exist, then the
detention becomes arbitrary.

 Legal grounds for the detention of any person:
a. commission of a crime

b. violent insanity or other ailment requiring compulsory confinement of the patient in a hospital

c. escaped prisoner

When the peace officers acted in good faith even if the three (3) grounds mentioned above are
not obtaining, there is no Arbitrary Detention.

 Without legal grounds:
a. he has not committed any crime or no reasonable ground of suspicion that he has committed a
crime

b. not suffering from violent insanity or any other ailment requiring compulsory confinement in a
hospital

 Grounds for warrantless arrest:
a. Crime is about to be, is being, has been committed in his presence

b. Officer must have probable cause to believe based on personal knowledge of facts and
circumstances that the person probably committed the crime

 For escaped prisoner – no need for warrant

 Example: Y was killed by unknown assailant. Officers got a tip and arrested X. X voluntarily admitted
to the officers that he did it although he was not asked. X was detained immediately. According to
the SC, there was NO arbitrary detention. Why? Because once X made a confession, the officers had
a right to arrest him.

Arbitrary detention can be committed thru simple imprudence or negligence. (People vs. Misa)

Periods of Detention penalized:

1. Detention not exceeding three days;

2. Detention for more than three days but not more than 15 days;

3. Detention for more than 15 days but not more than 6 months; and

4. Detention for more than 6 months.

the purpose is 1) to accuse the offended party of a crime he did not commit. In unlawful arrest. and 3) to file the necessary charges in a way trying to incriminate him. then the rebels continue to engage in rebellion. even though there have been warnings. Arrest can be made without a warrant because this is a continuing crime. The offender. According to the SC. the offender may be any person. (2) As to criminal intent In arbitrary detention. the main reason for detaining the offended party is to deny him of his liberty. unless the rebels renounce his affiliation. If there is no actual restraint. 2. . There is either grave or light threat. once you have committed rebellion and have not been punished or amnestied. In unlawful arrest. However. Enrile: Rebels later on retire. But a public officer can commit the crime of illegal detention when he is acting in a private capacity or beyond the scope of his official duty. or become an accomplice or accessory to the crime committed by the public officer. Distinction between arbitrary detention and unlawful arrest (1) As to offender In arbitrary detention. does not include as his function the power to arrest and detain a person. as the offended party may still go to the place where he wants to go. or when he becomes an accomplice or accessory to the crime committed by a private person. In arbitrary detention -- The principal offender must be a public officer. 2) to deliver the person to the proper authority. his subsequent detention is without legal grounds. When a person is unlawfully arrested. unless he conspires with a public officer committing arbitrary detention. In illegal detention -- The principal offender is a private person. then the crime of either arbitrary or illegal detention is still committed. Civilians cannot commit the crime of arbitrary detention except when they conspire with a public officer committing this crime. Distinction between arbitrary detention and illegal detention 1. and The offender who is a public officer has a duty which carries with it the authority to detain a person. if the victim is under guard in his movement such that there is still restraint of liberty. even if he is a public officer. the crime of arbitrary detention or illegal detention is not committed. it is necessary that there must be an actual restraint of liberty of the offended party. 16 Elements and Notes in Criminal Law Book II by RENE CALLANTA  Continuing crime is different from a continuous crime  Ramos v. Whether the crime is arbitrary detention or illegal detention. the offender is a public officer possessed with authority to make arrests.

correctional or afflictive penalty or their equivalent. the arresting officer will have to comply with Article 125 and file the case immediately in court without preliminary investigation. may ask for preliminary investigation. 36 hours. That he fails to deliver such person to the proper judicial authority within: 1. the detention becomes arbitrary when the period thereof exceeds 12. 18 hours. the public officer who made the arrest will no longer be liable for violation of Article 125. Under the Revised Rules of Court. That the offender is a public officer or employee b.  Does not contemplate actual physical delivery but at least there must be a complaint filed. It is a felony committed by omission because of the failure of the offender to deliver the detained person to the proper judicial authority within 12 hours. for crimes/offenses punishable by correctional penalties. or their equivalent Article 125 covers situations wherein the person detained has been arrested without a warrant but his arrest is nonetheless lawful. for purposes of this article. for crimes/offenses punishable by capital punishment or afflictive penalties. 17 Elements and Notes in Criminal Law Book II by RENE CALLANTA Article 125 DELAY IN THE DELIVERY OF DETAINED PERSONS  ELEMENTS: a. he’s considered as one. Chief of Police). Duty complied with upon the filing of the complaint with the judicial authority (courts. or their equivalent 2. In this case. within five days after learning that the case has been filed in court without preliminary investigation.  The filing of the information in court does not cure illegality of detention. 12 hours. when the person arrested is arrested for a crime which gives him the right to preliminary investigation and he wants to avail his right to a preliminary investigation. However. the detention is legal since it is in the pursuance of a lawful arrest. 18 hours and 36 hours as the case may be.  To escape from this. officers usually ask accused to execute a waiver which should be under oath and with assistance of counsel. At the beginning. prosecutors – though technically not a judicial authority. That he has detained a person for some legal grounds c. Serious and less serious offenses – 7 to 10 days. Within what period should a police officer who has arrested a person under a warrant of arrest turn over the arrested person to the judicial authority? .) Delivery of detained person consists in making charge of filing a compliant against the prisoner with the proper judicial authority. the arrested person. In such case.  May be waived if a preliminary investigation is asked for. If he does not want to waive this in writing.  What is length of waiver? Light offense – 5 days. he would have to waive in writing his rights under Article 125 so that the arresting officer will not immediately file the case with the court that will exercise jurisdiction over the case. depending on whether the crime is punished by light. if detained for crimes/offenses punishable by light penalties. Neither does it affect the legality of the confinement under process issued by the court. as the case may be. (Judge Pimentel)  Article does not apply when arrest is via a warrant of arrest Q. Such waiver is not violative of the accused constitutional right.  Really means delay in filing necessary information or charging of person detained in court. It does not involve the physical delivery of the prisoner before the judge (Sayo vs. 18 or 36 hours. or their equivalent or 3.

Article 126 DELAYING RELEASE ELEMENTS: a. delaying the proceedings upon any petition for the liberation of such person  Wardens and jailers are the persons most likely to violate this provision  Provision does not include legislation . not Article 125. delaying the service of notice of such order to said prisoner c. or 2. That the offender without good reason delays: 1. Detention is legal in the beginning. Arbitrary Detention (124) Delay in Delivery of Detained (125) Detention is illegal from the beginning. That there is a judicial or executive order for the release of a prisoner or detention prisoner. will apply. the service of the notice of such order to the prisoner. That the offender is a public officer or employee b. What the complainant may do is to file a complaint with the court and ask for the issuance of a warrant of arrest. it is necessary that initially. the performance of such judicial or executive order for the release of the prisoner. Article 125 contemplates a situation where the arrest was made without warrant but based on legal grounds. The period fixed by law under Article 125 does not apply because the arrest was made by virtue of a warrant of arrest. the detention of the arrested person must be lawful because the arrest is based on legal grounds. the proceedings upon a petition for the release of such person  Three acts are punishable: a. There is no time limit specified except that the return must be made within a reasonable time. but illegality starts from the expiration of the specified periods without the persons detained having been delivered to the proper judicial authority. this constitutes an unlawful arrest. crime is illegal detention  Before Article 125 may be applied. the arrest is pure and simple arbitrary detention. If the arrest is made without a warrant. This is known as citizen’s arrest. If the arrest is not based on legal grounds. delaying the performance of a judicial or executive order for the release of a prisoner b. or that there is a proceeding upon a petition for the liberation of such person c. Article 269(unlawful arrest). 18 Elements and Notes in Criminal Law Book II by RENE CALLANTA A.  A police officer has no authority to arrest and detain a person on the basis merely of the complaint of the offended party.  If offender is a private person. even if after investigation he becomes convinced that the accused is guilty of the offense charged. or 3.

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Elements and Notes in Criminal Law Book II by RENE CALLANTA

Article 127
EXPULSION

ELEMENTS:
a. That the offender is a public officer or employee

b. That he expels any person from the Philippines, or compels a person to change his
residence

c. That the offender is not authorized to do so by law

 2 acts punishable:
a. by expelling a person from the Philippines

b. by compelling a person to change his residence

The essence of this crime is coercion but the specific crime is “expulsion” when committed by a public
officer. If committed by a private person, the crime is grave coercion.

In the Philippines, only the President of the Republic has the power to deport aliens whose continued
stay in the country constitutes a menace to the peace and safety of the community.

In the case of Filipino citizens, only the court, by final judgment, can order a person to change his
residence.

In Villavicencio v. Lukban, 39 Phil 778, the mayor of the City of Manila wanted to make the city free
from prostitution. He ordered certain prostitutes to be transferred to Davao, without observing due
processes since they have not been charged with any crime at all. It was held that the crime committed
was expulsion.

 Does not include undesirable aliens; destierro; or when sent to prison

Questions & Answers

1. Certain aliens were arrested and they were just put on the first aircraft which brought
them to the country so that they may be out without due process of law. Was there a crime committed?

Yes. Expulsion.

2. If a Filipino citizen is sent out of the country, what crime is committed?

Grave coercion, not expulsion, because a Filipino cannot be deported. This crime refers only to
aliens.

 If X (Filipino) after he voluntarily left, is refused re-entry – is considered forcing him to change his
address here

 Threat to national security is not a ground to expel or change his address.

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Elements and Notes in Criminal Law Book II by RENE CALLANTA

Article 128
VIOLATION OF DOMICILE

ELEMENTS:
a. That the offender is a public officer or employee

b. That he is not authorized by judicial order to enter the dwelling and/or to make a
search therein for papers or other effects

c. That he commits any of the following acts:

1. entering any dwelling against the will of the owner thereof

2. searching papers or other effects found therein without the previous consent of
such owner

3. refusing to leave the premises, after having surreptitiously entered said dwelling
and after having been required to leave the same

 Aggravating Circumstance (medium and maximum of penalty imposed):
a. Offense committed at nighttime

b. Papers or effects not constituting evidence of a crime be not returned immediately

In order to commit this crime, the entry must be against the will of the owner. If the entry is only without
the consent of the owner, the crime of violation of domicile is not committed.
The prohibition may be expressed or implied. If the signs “Do not enter” and “Strangers keep out” are
posted in front of the house or dwelling, then the prohibition is express. If the door is locked, or even if it
is open but these are barriers to indicate the manifest intention of the owner to bar strangers from
entering, there is implied prohibition.

The primary object of the law is to preserve the privacy of abode of the offended party. Hence, if the
privacy is already lost, as when the offender has been allowed by the owner to enter the dwelling
together with other persons, any subsequent change of attitude will not restore the privacy which was
already lost. When privacy is waived, trespass to dwelling or violation of domicile cannot be committed.

 If the offender who enters the dwelling against the will of the owner thereof is a private individual,
the crime committed is trespass to dwelling (Art 280)

 When a public officer searched a person “outside his dwelling” without a search warrant and such
person is not legally arrested for an offense, the crime committed by the public officer is grave
coercion, if violence or intimidation is used (Art 286), or unjust vexation, if there is no violence or
intimidation (Art 287)

 A public officer without a search warrant cannot lawfully enter the dwelling against the will of the
owner, even if he knew that someone in that dwelling is having unlawful possession of opium

 Under Rule 113(sec. 11) of the Revised Rules of Court, when a person to be arrested enters a
premise and closes it thereafter, the public officer, after giving notice of an arrest, can break into the
premise. He shall not be liable for violation of domicile.

 3 acts punishable:
a. person enters dwelling w/o consent or against the will

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Elements and Notes in Criminal Law Book II by RENE CALLANTA

In the plain view doctrine, public officer should be legally entitled to be in the place where the
effects were found. If he entered the place illegally and he saw the effects, doctrine
inapplicable; thus, he is liable for violation of domicile.

b. person enters and searches for papers and effects

Public officer who enters with consent searches for paper and effects without the consent of the
owner. Even if he is welcome in the dwelling, it does not mean he has permission to search.

c. person entered secretly and refuses to leave after being asked to

The act punished is not the entry but the refusal to leave. If the offender upon being directed
to leave, followed and left, there is no crime of violation of domicile. Entry must be done
surreptitiously; without this, crime may be unjust vexation. But if entering was done against the
will of the occupant of the house, meaning there was express or implied prohibition from
entering the same, even if the occupant does not direct him to leave, the crime of violation of
domicile is already committed because it would fall in number 1.

 “Being authorized by law” – means with search warrant, to save himself or do some things good
for humanity

There are only three recognized instances when search without a warrant is considered valid, and,
therefore, the seizure of any evidence done is also valid. Outside of these, search would be invalid and
the objects seized would not be admissible in evidence.

(1) Search made incidental to a valid arrest;

(2) Where the search was made on a moving vehicle or vessel such that the exigency of he situation
prevents the searching officer from securing a search warrant;

(3) When the article seized is within plain view of the officer making the seizure without making a
search therefore.

 Papers and effects need not be part of a crime.

Article 129
SEARCH WARRANTS MALICIOUSLY OBTAINED

ELEMENTS:
a. That the offender is a public officer or employee

b. That he procures a search warrant

c. That there is no just cause

 In order that a search warrant may be issued, it must be based on probable cause in connection with
one offense, to be determined by a judge after examination under oath of the complainant and the
witnesses he may produce, and particularly describing the place to be searched and the persons or
things to be seized.

This means there was no probable cause determined in obtaining the search warrant.
 Although void, the search warrant is entitled to respect because of presumption of regularity . One
remedy is a motion to quash the search warrant, not refusal to abide by it. The public officer may
also be prosecuted for perjury, because for him to succeed in obtaining a search warrant without a

That he exceeds his authority or uses unnecessary severity in executing the same  Search warrant is valid for 10 days from its date  Search warrant is an order in writing issued in the name of the People. b. That he has legally procured a search warrant c.  Malicious warrant. Example. Tank was used to ram gate prior to announcement that a search will be made The search warrant is not a license to commit destruction. the person with the same name was found but in a different address.  Abuse examples: a. The oath required refers to the truth of the facts within the personal knowledge of the applicant and his witnesses. Eventually. plain view doctrine does not apply. The gun did not belong to X and the witness had no personal knowledge that there is a gun in that place. The PNP Narcotics Group obtained a search warrant but the name of person in the search warrant did not tally with the address stated. The true test of lack of just cause is whether the sworn statement filed in support of the application for search warrant has been done in such a manner that perjury could be charged and the affiant can be held liable for making such false statement. all details must be with particularity The officer exceeded his authority under the warrant – To illustrate. signed by the judge and directed to a public officer. That the offender is a public officer or employee b. he must have perjured himself or induced someone to commit perjury to convince the court. 22 Elements and Notes in Criminal Law Book II by RENE CALLANTA probable cause. X was a respondent of a search warrant for illegal possession of firearms. ABUSE IN THE SERVICE OF WARRANT OR EXCEEDING AUTHORITY OR USING UNNECESSARY SEVERITY IN EXECUTING A SEARCH WARRANT LEGALLY PROCURED ELEMENTS: a. commanding him to search for personal property described therein and bring it before the court  No just cause – warrant is unjustified  Search – limited to what is described in the warrant. Drugs were found and seized and occupant was prosecuted and convicted by the trial court. Since the entry was illegal. c. The occupant resisted but the public officer insisted on the search. They have no discretion on the matter. A return was made. let us say that there was a pusher in a condo unit. X owner was handcuffed while search was going-on. Plain view doctrine is inapplicable since it presupposes that the officer was legally entitled to be in the place where the effects where found. Persons who were not respondents were searched . The Supreme Court acquitted him because the public officers are required to follow the search warrant to the letter.

search and examine any vessel or aircraft. Members of the family of sufficient age and discretion c. That he is armed with a search warrant legally procured c. or any person on board. or any member of his family. hindering any person from joining any lawful association or from attending any of its meetings. That the owner. prohibiting or interrupting. pass through or search any land. 2. Homeowner b. store or building. Latter is preferred for objective determination. any petition to the authorities for the correction of abuses or redress of grievances Two criteria to determine whether Article 131 would be violated: . 2203. AND DISSOLUTION OF PEACEFUL MEETINGS  ELEMENTS: a. enclosure.  prohibiting or hindering any person from addressing. the Tariff and Customs Code authorizes persons with police authority under Sec. Article 131 PROHIBITION. INTERRUPTION. package. For instance. Article 130 has no application to search and seizure made on moving vehicles because the application of this law is limited to dwelling and personal properties such as papers and effects found therein.g. or to stop and search and examine any vehicle. beast or person suspected of holding or conveying any dutiable or prohibited article introduced into the Philippines contrary to law. Offender is a public officer or employee b. and to inspect. 23 Elements and Notes in Criminal Law Book II by RENE CALLANTA Article 130 SEARCHING DOMICILE WITHOUT WITNESSES  ELEMENTS : a. either alone or together with others. papers or other belongings of any person d. to enter. and any trunk. without legal ground the holding of a peaceful meeting. box or envelope. warehouse. He performs any of the ff. That the offender is a public officer or employee b. acts: 1. Responsible members of the community (can’t be influenced by the searching party)  Validity of the search warrant can be questioned only in 2 courts: 1) where issued or 2) where the case is pending. not being used as a dwelling house. There are searches and seizures which are authorized by law and which can be done without the attendance of witnesses. or dissolving the same (e. That he searches the domicile. or two witnesses residing in the same locality are not present  Order of those who must witness the search: a. denial of permit in arbitrary manner).

interrupts. or dissolves the same. The permit given is not a license to commit a crime. Article 131 is violated. he prohibits. the public officer is a third party. without any legal ground. If the public officer is a participant of the assembly and he prohibits. 24 Elements and Notes in Criminal Law Book II by RENE CALLANTA (1) Dangerous tendency rule – applicable in times of national unrest such as to prevent coup d’etat. the public officer is not a participant. But if police stops a meeting in a private place because there’s no permit. Stricter rule. otherwise. officer is liable for stopping the meeting. dissolving or interrupting that meeting  If in the course of the assembly the participants commit illegal acts like oral defamation or inciting to sedition. and tumults and other disturbances. interruption. it’s unjust vexation  Interrupting and dissolving a meeting of the municipal council by a public officer is a crime against the legislative body. a public officer or law enforcer can stop or dissolve the meeting . Distinctions between prohibition. Article 131 is violated. under Article 153 (1) As to the participation of the public officer In Article 131. the offender must be a public officer and. not punishable under this article  The person talking on a prohibited subject at a public meeting contrary to agreement that no speaker should touch on politics may be stopped  But stopping the speaker who was attacking certain churches in public meeting is a violation of this article  Prohibition must be without lawful cause or without lawful authority  Those holding peaceful meetings must comply with local ordinances. . in the peaceful meeting.  If the offender is a private individual. the crime is disturbance of public order (Art 153)  Meeting must be peaceful and there is no legal ground for prohibiting. or dissolution of peaceful meetings under Article 131.  Offender must be a stranger. Example: Ordinance requires permits for meetings in public places.  Meeting is subject to regulation If the permit is denied arbitrarily. interrupts. (2) As to the essence of the crime In Article 131. not a participant. or dissolves a peaceful meeting or assembly to prevent the offended party from exercising his freedom of speech and that of the assembly to petition a grievance against the government. As far as the gathering is concerned. (2) Clear and present danger rule – applied in times of peace. If the officer would not give the permit unless the meeting is held in a particular place which he dictates defeats the exercise of the right to peaceably assemble. Article 153 is violated if the same is conducted in a public place.

a private person. Article 132 INTERRUPTION OF RELIGIOUS WORSHIP  ELEMENTS: a. baptism. as mocking or scoffing or attempting to damage an object of religious veneration . The offender is any person d. although in other cases. Is X liable? X may be liable under Art 133 because X is a private person. he is a person in authority. Article 133 OFFENDING RELIGIOUS FEELINGS  ELEMENTS: a. That the acts complained of were performed – 1. marriage  X. there is no need for an ongoing religious ceremony  Example of religious ceremony (acts performed outside the church). or (for this element. he’s not. during the celebration of any religious ceremony b. Processions and special prayers for burying dead persons but NOT prayer rallies  Acts must be directed against religious practice or dogma or ritual for the purpose of ridicule. The essence of the crime is that of creating a serious disturbance of any sort in a public office.  When priest is solemnizing marriage. That the officer is a public officer or employee b. public building or even a private place where a public function is being held. the offender need not be a public officer. Ex. That religious ceremonies or manifestations of any religion are about to take place or are going on c. only the place is material) 2. in a place devoted to religious worship. Mass. directed against religious tenet  If in a place devoted to religious purpose. no need of religious ceremony. but only a meeting of a religious sect. boxed a priest while the priest was giving homily and while the latter was maligning a relative of X. a manifestation of religion. There is a deliberate intent to hurt the feelings of the faithful. 25 Elements and Notes in Criminal Law Book II by RENE CALLANTA In Article 153. That the offender prevents or disturbs the same  Circumstance qualifying the offense: if committed with violence or threats  Reading of Bible and then attacking certain churches in a public plaza is not a ceremony or manifestation of religion. That the acts must be notoriously offensive to the feelings of the faithful (deliberate intent to hurt the feelings) c. But if done in a private home. it’s a religious service  Religious Worship: people in the act of performing religious rites for a religious ceremony.

If not tumults = alarms and Religious order private persons. 3. Conspiracy to commit sedition (Art. 203). Inciting to sedition (Art. Baes. Rebellion or insurrection (Art. scandal Feeling (133) outsiders If meeting illegal at onset = inciting to sedition or rebellion TITLE THREE CRIMES AGAINST PUBLIC ORDER Crimes against public order 1. Coup d’ etat (Art. 141). 9. Violation of parliamentary immunity (Art. 7. 137). 68 Phil. 143). 145). Disturbance of proceedings of Congress or similar bodies (Art. mere arrogance or rudeness is not enough In determining whether an act is offensive to the feelings of the faithful. Crime against the Public officers. If by insider = unjust Religious fundamental law of Outsiders vexation Worship (132) the state If not religious = tumult or alarms If not notoriously offensive = unjust vexation Offending the Crime against public Public officers. 4. CRIME Nature of Crime Who are Liable If Element Missing Prohibition. 8. 139). Conspiracy and proposal to commit rebellion (Art. 142). . 6. Disloyalty to public officers or employees (Art. 26 Elements and Notes in Criminal Law Book II by RENE CALLANTA  There must be deliberate intent to hurt the feelings of the faithful. Inciting to rebellion (Art. 134-A) 2. 136). 144). 134). 10. If not by public officer = Interruption and fundamental law of Outsiders tumults Dissolution of the state Peaceful Meeting (131) Interruption of Crime against the Public officers. Acts tending to prevent the meeting of Congress and similar bodies (Art. the same must be viewed or judged from the standpoint of the offended religion and not from the point of view of the offender (People vs. 5. 138). Sedition (Art.

157). 15. 22. heads a rebellion or insurrection. Any person who: 1. by the constitutional commissions. 153). etc. its committees.. Unlawful use of means of publication and unlawful utterances (Art. 27 Elements and Notes in Criminal Law Book II by RENE CALLANTA 11. or ii. the territory of the Philippines or any part thereof. Delivering prisoners from jails (Art. 16. 21. Illegal assemblies (Art. Commission of another crime during service of penalty imposed for another previous offense (Art. 160). Disobedience to summons issued by Congress. Article 134 REBELLION OR INSURRECTION  ELEMENTS: a. Evasion of service of sentence (Art. Indirect assaults (Art. 158). Violation of conditional pardon (Art. 12. maintains. 20. 146). its committees. 23. wholly or partially. public uprising and 2. naval or other armed forces. 149). and 24. Direct assaults (Art. or . of any of their powers or prerogatives  Persons liable for rebellion a. or 2 To deprive the chief executive or congress. 150). any body of land. taking arms against the government (force/violence) b. Alarms and scandals (Art. Evasion on occasion of disorders (Art. etc. That there be – 1. 156). 17. Illegal associations (Art. 154). 13. 159). 14. That the purpose of the uprising or movement is either 1. 18. 19. 148). Resistance and disobedience to a person in authority or the agents of such person (Art. promotes 2. 155). 147). Tumults and other disturbances of public order (Art. to remove from the allegiance to said government or its laws – i. 151). (Art. or 3.

it is committed by several persons for the purpose of overthrowing the duly constituted or organized government. Any person who. It also includes the efforts of the rebel to deprive the President of the Philippines of the exercise of his power to enforce the law. engaging in war against the forces of the government 2. Any person merely participating or executing the command of others in rebellion The essence of this crime is a public uprising with the taking up of arms. . Allegiance is a generic term which includes loyalty. what is known to the ordinary citizen as a symbol of Government would be the barangay. The intention of the rebel is to substitute himself in place of those who are in power. His method of placing himself in authority with the use of violence. In the Philippines. It does not require the participation of any member of the military or national police organization or public officers and generally carried out by civilians. the local government represented by the provincial and municipal officials. The law on rebellion however. kidnapping. takes part therein by: 1. 4. destroying property or committing serious violence 3. purpose is always political The crime of rebellion is essentially a political crime.  Rebellion used where the object of the movement is completely to overthrow and supersede the existing government  Insurrection refers to a movement which seeks merely to effect some change of minor importance to prevent the exercise of gov’t authority w/ respect to particular matters or subjects  The phrase “to remove allegiance from the government’ is used to emphasize that the object of the uprising could be limited to certain areas. like isolating a barangay or municipality or a province in its loyalty to the duly constituted government or the national government. the crime can only be committed through force and violence. does not speak only of allegiance or loss of territory. not necessary to convict the accused who is in conspiracy w/ others actually taking arms against the gov’t  Purpose of the uprising must be shown but it is not necessary that it be accomplished  A change of government w/o external participation  RISING PUBLICLY and TAKING ARMS AGAINST GOVERNMENT – actual participation. 28 Elements and Notes in Criminal Law Book II by RENE CALLANTA b. duress or intimidation. If there is no public uprising. It requires a multitude of people. Lastly. arson. the Chief Justice and the Senate President and the Speaker of the House of Representatives. robbery and other heinous crimes in what we call rebellion.  Actual clash of arms w/ the forces of the gov’t. represented by its officials. to exact obedience of laws and regulations duly enacted and promulgated by the duly constituted authorities. The crime of rebellion cannot be committed by a single individual. assassination or the commission of common crimes like murder.  Success is immaterial. civil obedience and civil service. exacting contributions or diverting public funds from the lawful purpose for which they have been appropriated (Note: “diverting public funds” is malversation absorbed in rebellion). and the national government represented by the President. It aims to overthrow the duly constituted government. the crime is of direct assault. Invariably. while holding any public office or employment.

and consequently. committed on the occasion and in furtherance thereof. that rebellion may not be complexed with common crimes which are committed in furtherance thereof because they are absorbed in rebellion. No encounter needed. such as killing and destruction of property. therefore. mere threat of removing Phil is sufficient Rebellion may be committed even without a single shot being fired. Hernandez. So the Supreme Court invited attention to this fact and thus stated: . it was because Article 135 then punished said acts as components of the crime of rebellion that precludes the application of Article 48 of the Revised Penal Code thereto. This thinking is no longer correct. there is no legal basis for such rule now. 29 Elements and Notes in Criminal Law Book II by RENE CALLANTA When any of the objectives of rebellion is pursued but there is no public uprising in the legal sense . In short. the changing of dollars into pesos for a top level communist. the Supreme Court. The statement in People v. with public uprising . In the eyes of the law then. The Hernandez doctrine was reaffirmed in Enrile v.  Mere giving of aid or comfort is not criminal in the case of rebellion. Merely sympathizing is not participation. are not to be treated as distinct crimes. the crime is direct assault of the first form. In view of said reaffirmation. Common crimes perpetrated in furtherance of a political offense are divested of their character as “common” offenses and assume the political complexion of the main crime which they are mere ingredients. Hernandez that common crimes committed in furtherance of rebellion are absorbed by the crime of rebellion.. 6968. in Enrile v.  Not necessary that there is killing. which became effective on October 1990. Not long ago. The same acts constitute distinct crimes when committed on a different occasion and not in furtherance of rebellion. The acts of the accused who is not a member of the Hukbalahap organization of sending cigarettes and food supplies to a Huk leader. Prior to its amendment by Republic Act No. ORTEGA OPINION: Rebellion can now be complexed with common crimes . People. exacting contributions. 7 SCRA 900). do not constitute Rebellion. reiterated and affirmed the rule laid down in People v. Since a higher penalty is prescribed for the crime of rebellion when any of the specified acts are committed in furtherance thereof. direct assault cannot be committed. 6968 (An Act Punishing the Crime of Coup D’etat). diverting funds for the lawful purpose for which they have been appropriated. said acts constitute only one crime and that is rebellion. was dictated by the provision of Article 135 of the Revised Penal Code prior to its amendment by the Republic Act No. Mere public uprising with arms enough. Hernandez. and the helping of Huks in opening accounts with the bank of which he was an official. there must be ACTUAL participation There must be a public apprising and taking up of arms for the specified purpose or purposes mentioned in Article 134. or complexed with the same. some believe that it has been a settled doctrine that rebellion cannot be complexed with common crimes. take part therein” by any of these acts: engaging in war against the forces of Government. Article 135 punished those “who while holding any public office or employment. 99 Phil 515. said acts are punished as components of rebellion and. Salazar because the text of Article 135 has remained the same as it was when the Supreme Court resolved the same issue in the People v. But if there is rebellion. destroying property. (Carino vs. cannot be punished separately from the principal offense.  Rebellion cannot be complexed with any other crime. et al. 186 SCRA 217. committing serious violence. Salazar.

so that it cannot be conveniently utilized as the umbrella for every sort of illegal activity undertaken in its name. possessions of firearms. or rebellion with arson as the case may be. shall bring about complex crimes of rebellion with murder/homicide. illegal possession of firearms in furtherance of rebellion is distinct from the crime of rebellion. signed receipts and other documents issued in their name d. has been removed. These are now distinct crimes. The legal obstacle for the application of Article 48. either to raise the penalty therefore or to clearly define and delimit the other offenses to be considered absorbed thereby. After the amendment. even if not in furtherance of rebellion cannot be complexed  If killing. which is purely within its province. 6968. illegal association are absorbed. robbing were done for private purposes or for profit. This implies that all acts of war or hostilities like serious violence and destruction of property committed on occasion and in pursuance of rebellion are component crimes of rebellion which is why Article 48 on complex crimes is inapplicable. in which case. 30 Elements and Notes in Criminal Law Book II by RENE CALLANTA “There is a an apparent need to restructure the law on rebellion. common crimes involving killings. Hopefully. Ortega cites no case overturning Enrile v. Fernando)  Person deemed leader of rebellion in case he is unknown: Any person who in fact: a. it did not only provide for the crime of coup d’etat in the Revised Penal Code but moreover. before Article 135 was amended. have been deleted. or rebellion with robbery. for it can only interpret the law as it stands at any given time. Salazar. in enacting Republic Act No. The legal impediment to the application of Article 48 to rebellion has been removed.  However. exacting contributions or diverting public funds from the lawful purpose for which they have been appropriated …” Hence. like serious acts of violence. To reiterate. it is a continuing crime such along with the crime of conspiracy or proposal to commit such  A private crime may be committed during rebellion.  Furthermore. spoke for them c. the acts which used to be component crimes of rebellion. without any political motivation. the crime would be separately be punished and would not be embraced by rebellion (People v. good faith and absence of criminal intent are not valid defenses. deleted from the provision of Article 135 that portion referring to those – “…who. while holding any public office or employment takes part therein [rebellion or insurrection]. The court has no power to effect such change. destroying property or committing serious violence. Congress took notice of this pronouncement and. therefore. a higher penalty is imposed when the offender engages in war against the government. The offense of illegal possession of firearm is a malum prohibitum. engaging in war against the forces of government. 6968. Examples: killing. Congress will perceive the need for promptly seizing the initiative in this matter. Ortega says legislators want to punish these common crimes independently of rebellion.” Obviously. overt acts which used to be punished as components of the crime of rebellion have been severed therefrom by Republic Act No. directed the others b. Rape. and/or destructions of property. In amending Article135. "War" connotes anything which may be carried out in pursuance of war. performed similar acts on behalf of the rebels . and what is needed lies beyond interpretation. thus. even though committed by rebels in furtherance of rebellion.

(2) As to purpose In rebellion. It requires as principal offender a member of the AFP or of the PNP organization or a public officer with or without civilian support. Swift attack b. The purpose in sedition is to go against established government. the purpose may be political or social. With or without civilian support or participation f. Accompanied by violence. strategy or stealth c. Finally. intimidation. any military camp or installation 3. public utilities and facilities essential to the continued possession of governmental powers. In sedition. not to overthrow it. Article 134-A COUP D’ ETAT  ELEMENTS: a. Purpose of seizing or diminishing state power The essence of the crime is a swift attack upon the facilities of the Philippine government. . Singly or simultaneously carried out anywhere in the Philippines d. with or without civilian support or participation e. threat. the purpose is always political. 31 Elements and Notes in Criminal Law Book II by RENE CALLANTA Distinctions between rebellion and sedition (1) As to nature In rebellion. communication networks. military camps and installations. other facilities needed for the exercise and continued possession of power d. Directed against: 1. Committed by any person or persons belonging to the military or police or holding any public office or employment. In sedition. duly constituted authorities 2. Example: the uprising of squatters against Forbes park residents. there must be taking up or arms against the government. It may be committed singly or collectively and does not require a multitude of people. threat or strategy. it is sufficient that the public uprising be tumultuous. it may be carried out not only by force or violence but also through stealth.  The objective may not be to overthrow the government but only to destabilize or paralyze the government through the seizure of facilities and utilities essential to the continued possession and exercise of governmental powers. communication networks or public utilities 4.

in coup d’etat. destroying property or committing serious violence 3. In both instances. the offenders intend to substitute themselves in place of those who are in power. aids in a coup. objective state power. Any person who: 1. Maintains 3. Treason (114) Rebellion (134) Coup d’etat Sedition (139) (134-A) Nature of Crime against Crime against Crime against Crime against Public Crime National Security Public Order Public Order Order Overt levying war against Public uprising See article. In committing rebellion and coup d’etat. whether wholly or partially. while holding any public office or employment. undertake a coup. Promotes 2. AND tumultuously (caused OR Taking up arms by more than 3 adherence and against the gov’t armed men or giving aid or provided with means comfort to enemies of violence) Purpose Deliver the gov’t to See article. even if conspiracy as a means to commit the crime is established. the principal of criminal liability under Article 17 of the Revised Penal Code is not followed. Seizing or See enumeration in of enemy during war diminishing article. exacting contributions or diverting public funds from the lawful purpose for which they have been appropriated c. engaging in war against the forces of the gov’t 2. Any person merely participating or executing the command of other in a rebellion When conspiracy is present in the commission of the crime. commands others to Anyone who participates or in an manner. . finances. the object or purpose is to seize or diminish state power. In rebellion. which may result in homicide. Article 135 PENALTIES  Who are liable? a. heads a rebellion or insurrection b. the object is to alienate the allegiance of a people in a territory. supports. 32 Elements and Notes in Criminal Law Book II by RENE CALLANTA How do you distinguish between coup d’etat and rebellion? Rebellion is committed by any person whether a private individual or a public officer whereas in coup d’etat. the offender is a member of the military or police force or holding a public office or employment. It is not limited to hostilities against the armed force. takes part therein 1. directs. Rising publicly or Acts the gov’t. from the duly constituted government. abets.  Serious violence is that inflicted upon civilians. Any person who. the act of one is the act of all. In Government Service Not in Government Service Anyone who leads.

Rebellion cannot be complexed with murder and other common crimes committed in pursuance of the movement to overthrow the government Subversion. or that they never recognized the government c. For any of the purposes of rebellion c. REBELLION OR INSURRECTION  ELEMENTS: a. soliciting membership in. just like the crimes of rebellion. 2 more persons come to an agreement to rise publicly and take arms against the government b. robbing etc for private persons or for profit. without any political motivation. would be separately punished and would not be absorbed in the rebellion. . conspiracy or proposal to commit the crimes of rebellion or subversion and crimes or offenses committed in furtherance thereof constitute direct assaults against the State and are in the nature of continuing crimes ( Umil vs. REBELLION OR INSURRECTION (136)  ELEMENTS: a. d. They decide to commit it PROPOSAL TO COMMIT COUP D’ ETAT. and soliciting funds for the organization show conspiracy to overthrow the gov’t  The mere fact of giving and rendering speeches favoring Communism would not make the accused guilty of conspiracy if there’s no evidence that the hearers then and there agreed to rise up in arms against the gov’t  Conspiracy must be immediately prior to rebellion  If it is during the rebellion. A person who has decided to rise publicly and take arms the government b. Article 136 CONSPIRACY TO COMMIT COUP D’ ETAT. For any of the purposes of rebellion c. then it is already taking part in it. Killing. Public officer must take active part because mere silence or omission not punishable in rebellion b. Proposes its execution to some other person/s  Organizing a group of soldiers. 33 Elements and Notes in Criminal Law Book II by RENE CALLANTA  Diverting public funds is malversation absorbed in rebellion NOTES: a. It is not a defense in rebellion that the accused never took the oath of allegiance to. Ramos).

emblems. aside from being disloyal. Continuing to discharge the duties of their offices under the control of rebels c. banners or other representations tending to the same end  Intentionally calculated to seduce others to rebellion  There must be uprising to take up arms and rise publicly for the purposes indicated in Art 134 One who promotes. Rebellion is essentially a crime committed by private individuals while coup d’etat is a crime that should be classified as a crime committed by public officers like malversation. not covered by this  The collaborator must not have tried to impose the wishes of the rebels on the people. That the inciting is done by means of speeches. the act of inciting to commit a rebellion is inherent to the graver crime of rebellion. does or commits acts constituting the crime of rebellion or coup d’etat. Failing to resist rebellion by all the means in their power b. . he will no longer be charged for the simple crime of disloyalty but he shall be proceeded against for the grave offense of rebellion or coup d’etat. Article 138 INCITING TO REBELLION OR INSURRECTION  ELEMENTS: a. bribery. Disloyalty as a crime is not limited to rebellion alone but should now include the crime of coup d’etat. If the public officer or employee. If there are no means. dereliction of duty and violations of the anti-Graft and Corrupt Practices Act. Accepting appointment to office under rebels  Presupposes existence of rebellion  Must not be in conspiracy with rebels or coup plotters  If there are means to prevent the rebellion but did not resist it. That the offender does not take arms or is not in open hostility against the government b. proclamations. writings. no fault  If position is accepted in order to protect the people. as the principal to the crime of rebellion. 34 Elements and Notes in Criminal Law Book II by RENE CALLANTA Article 137 DISLOYALTY OF PUBLIC OFFICERS AND EMPLOYEES  ACTS PUNISHED: a. then there’s disloyalty. maintains or heads a rebellion and who act at the same time incites or influences others to join him in his war efforts against the duly constituted government cannot be held criminally liable for the crime of inciting to rebellion because. That he incites others to the execution of any of the acts of rebellion c.

or the national government of all its property or any part thereof  Sedition: raising of commotion or disturbances in the State. or any public thereof from freely exercising its or his functions. is illegal. for any political or social end. municipality or province. intimidation. 35 Elements and Notes in Criminal Law Book II by RENE CALLANTA Proposal to Commit Rebellion (136) Inciting to Rebellion (138) The person who proposes has decided to Not required that the offender has decided to commit rebellion. any act of hate or revenge against private persons or any social class (hence. or other means outside of legal methods c. Its ultimate object is a violation of the public peace or at least such measures that evidently engenders it. Tumultuously (vis-à-vis rebellion where there must be a taking of arms) b. crime uses secret means. or any provincial or municipal government. Article 139 SEDITION  ELEMENTS: a. any person. to prevent the national government. to commit for any political or social end. to despoil. to prevent the promulgation or execution of any law or the holding of any popular election 2. Publicly (if no public uprising = tumult and other disturbance of public order) 2. Notice from the purpose of the crime of sedition that the offenders rise publicly and create commotion and disturbance by way of protest to express their dissent and obedience to the government or to the authorities concerned. The person who proposes the execution of the The inciting is done publicly. to inflict any act or hate or revenge upon the person or property of any public officer or employee 4.  The crime of sedition is committed by rising publicly and tumultuously. That they employ force. In rebellion – there must be taking up of arms against the government. or prevent the execution of any administrative order 3. The two elements must concur. . For sedition – sufficient that uprising is tumultuous. commit rebellion.  Difference from rebellion – object or purpose of the uprising.  The crime of sedition does not contemplate the taking up of arms against the government because the purpose of this crime is not the overthrow of the government. which is violence. That the offenders rise – 1. This is like the so-called civil disobedience except that the means employed. That the offenders employ any of those means to attain any of the following objects: 1. even private persons may be offended parties) 5.

Article 142 INCITING TO SEDITION  ELEMENTS: a. or to prevent the execution of an administrative order.  The demonstrations conducted or held by the citizenry to protest certain policies of the government is not a crime. There is no requirement that the offenders should be armed. resort to force or violence. But when the protest in manifested in the form of rallies where the participants. It may also be a conspiracy to prevent national and local public officials from freely exercising their duties and functions. That the offender does not take a direct part in the crime of sedition b. leader of the sedition. as in the meantime. That he incites others to the accomplishment of any of the acts which constitute sedition (134) . Conspiracy to Commit Sedition In this crime.  Preventing public officers from freely exercising their functions  In sedition – offender may be a private or public person (Ex. There is no proposal to commit sedition. the mantle of protection guaranteed under the Constitution to express their dissent peacefully. The conspiracy must be to prevent the promulgation or execution of any law or the holding of any popular election. Article 141.  Preventing election through legal means – NOT sedition  But when sugar farmers demonstrated and destroyed the properties of sugar barons – sedition  Persons liable for sedition: a. shall cease to exist. there must be an agreement and a decision to rise publicly and tumultuously to attain any of the objects of sedition. in order to attain their objective of overcoming the will of the government. other persons participating in the sedition The objective of the law in criminalizing sedition is to put a limit to the freedom of expression or the right of the people to assemble and petition the government for redress of grievance. SC held that NO. Soldier)  Public uprising and the object of sedition must concur  Q: Are common crimes absorbed in sedition? In P v. the participants have encroached or stayed in the domain or realm of criminal law. Umali. and b. 36 Elements and Notes in Criminal Law Book II by RENE CALLANTA Sedition – purpose may be either political or social. In rebellion – always political “Tumultuous” is a situation wherein the disturbance or confusion is caused by at least four persons. Crimes committed in that case were independent of each other.

CRIMES AGAINST POPULAR REPRESENTATION Article 143 ACTS TENDING TO PREVENT THE MEETING OF CONGRESS AND SIMILAR BODIES  ELEMENTS: a. when they suggest or incite rebellious conspiracies or riots. b. Considering that the objective of sedition is to express protest against the government and in the process creating hate against public officers. therefore. Inciting others to the accomplishment of any of the acts which constitute sedition by means of speeches. That the inciting is done by means of speeches. emblems. The mere meeting for the purpose of discussing hatred against the government is inciting to sedition. the safety and order of the government Only non-participant in sedition may be liable. or of any provincial board or city or municipal council or board b. Inciting to sedition is an element of sedition. Article 142 is. or circulating scurrilous [vulgar. Lambasting government officials to discredit the government is Inciting to sedition. publishing. It cannot be treated as a separate offense against one who is a part of a group that rose up publicly and tumultuously and fought the forces of government. proclamations. 37 Elements and Notes in Criminal Law Book II by RENE CALLANTA c. the crime is inciting to rebellion. constitutional commissions or committees or division thereof. when they tend to instigate others to cabal and meet together for unlawful purposes. or d. mean. That there be a projected or actual meeting of Congress or any of its committees or subcommittees. That the offender who may be any persons prevents such meeting by force or fraud The crime is against popular representation because it is directed against officers whose primary function is to meet and enact laws. actual disturbance not necessary)  Different acts of inciting to sedition: a. libelous] libels against the government or any of the duly constituted authorities thereof. banners. or b. proclamations. Knowingly concealing such evil practices  When punishable: a. But if the objective of such preparatory actions is the overthrow of the government. Uttering seditious words or speeches which tend to disturb the public peace or writing. . any act that will generate hatred against the government or a public officer concerned or a social class may amount to Inciting to sedition. emblems etc. When these legislative bodies are prevented from meeting and performing their duties. or other representations tending to the same end (purpose: cause commotion not exactly against the government. when they lead or tend to stir up the people against the lawful authorities or to disturb the peace of the community. the system of government is disturbed. The three branches of government must continue to exist and perform their duties. when they tend to disturb or obstruct any lawful officer in executing the functions of his office. writing. which tend to disturb the public peace c. cartoons. or c. writings. quite broad.

is in a regular or special session 4. . That the offender is a public officer or employee 2. speeches or any form of expressing dissent which is not done peacefully but implemented in such a way that it substantially interrupts the meeting of the assembly or adversely affects the respect due to the assembly of its members. He behaves while in the presence of any such bodies in such a manner as to interrupt its proceedings or to impair the respect due it The disturbance can be in the form of utterances. Article 145 VIOLATION OF PARLIAMENTARY IMMUNITY  Acts punishable: a. or frauds to prevent any member of Congress from – 1. He disturbs any of such meetings 2. constitutional commissions or committees or divisions thereof. That the member searched has not committed a crime punishable under the code by a penalty higher than prision mayor (1987 constitution: privilege from arrest while congress in session in all offenses punishable by not more than 6 years imprisonment). except in case such member has committed a crime punishable under the code by a penalty higher than prision mayor ( 6 years up ) Elements: 1. 38 Elements and Notes in Criminal Law Book II by RENE CALLANTA  Chief of Police and mayor who prevented the meeting of the municipal council are liable under Art 143. By using force. That he arrests or searches any member of Congress 3. attending the meeting of the assembly or any of its committees. when the defect of the meeting is not manifest and requires an investigation before its existence can be determined. or from 2. or of any provincial board or city or municipal council or board b. casting his vote b. intimidation. at the time of arrest or search.  Complaint must be filed by member of the Legislative body. By arresting or searching any member thereof while Congress is in a regular or special session. Accused may also be punished for contempt. That the offender does any of the following acts 1. expressing his opinions or 3. Article 144 DISTURBANCE OF PROCEEDINGS  ELEMENTS: a. constitutional commissions or committees or divisions thereof. That there be a meeting of Congress or any of its committees. threats. That Congress.

Audience whether armed or not. sedition or direct assault. to be consistent with the Constitution. meeting attended by armed persons b. rebellion or insurrection. considered as leader or organizer of the meeting . if they carry arms. Meeting of the first form 1.  Not all the persons present at the meeting of the first form of illegal assembly must be armed  Persons liable for illegal assembly a." The offender is any person and the offended party who is a member of Congress. threat. ILLEGAL ASSEMBLIES AND ASSOCIATIONS Article 146 ILLEGAL ASSEMBLIES  Two (2) Types of illegal assemblies: a. penalty is arresto mayor b. purpose : to commit any of crimes punishable under the code 3. the phrase "by a penalty higher than prision mayor" in Article 145 should be amended to read: "by the penalty of prision mayor or higher. penalty is prision correccional  Presumptions if person present at the meeting carries an unlicensed firearm: a. Meeting. purpose of the meeting is to commit acts punishable under the RPC b. Meeting. has not committed any crime to justify the use of force. to 12 years) is not liable Article 145. Article VI of the Constitution. persons merely present at the meeting (except when presence is out of curiosity – not liable)  Responsibility of persons merely present at the meeting a. intimidation or fraud to prevent him from attending the meeting of Congress. According to Reyes. gathering or group of persons whether in a fixed place or moving 2. like bolos or knives. Meeting of the second form 1. the organizers or leaders of the meeting b. gathering or group of persons whether in a fixed place or moving 2. 39 Elements and Notes in Criminal Law Book II by RENE CALLANTA Under Section 11. is incited to the commission of the crime of treason. a public officer who arrests a member of Congress who has committed a crime punishable by prision mayor (six years and one day. or licensed firearms. if they are not armed.

If unlawful purpose is a crime under a special law. sedition or assault upon a person in authority of his agent. 40 Elements and Notes in Criminal Law Book II by RENE CALLANTA Those who incite the audience. When the illegal purpose of the gathering is to incite people to commit the crimes mentioned above. It includes a violation of a special law or those against public morals. the presence of armed men during the gathering brings about the crime of illegal assembly. sedition or assault upon a person in authority. Liable for illegal assembly. or of individuals who. Example: Persons conspiring to rob a bank were arrested. there is no illegal assembly. but persons in the meeting are incited to commit treason. Article 147 ILLEGAL ASSOCIATIONS  ELEMENTS: a. the presence of armed men is unnecessary. not for conspiracy. Two forms of illegal assembly (1) No attendance of armed men. For example. the gathering of drug pushers to facilitate drug trafficking is not illegal assembly because the purpose is not violative of the Revised Penal Code but of The Dangerous Drugs Act of 1972. Without gathering. sedition or assault a person in authority. the basis of liability is the gathering for an illegal purpose which constitutes a crime under the Revised Penal Code. the basis is the formation of or organization of an association to engage in an unlawful purpose which is not limited to a violation of the Revised Penal Code.. . to commit treason. mere members of the association Illegal Assembly (146) Illegal Association (147) Must be an actual meeting of armed persons to No need for such commit any of the crimes punishable under the RPC. and other representation. by means of speeches. founders. For some purpose contrary to public morals  Persons liable: a. but for gathering with armed men. are incited to the commission of treason. rebellion. rebellion or insurrection. In illegal association. Some were with firearms. Meaning of public morals: inimical to public welfare. it has nothing to do with decency. rebellion or insurrection. printed matters. there is no illegal assembly. Distinction between illegal assembly and illegal association In illegal assembly. not acts of obscenity. shall be deemed leaders or organizers of said meeting. The mere gathering for the purpose is sufficient to bring about the crime already.  The gravamen of the offense is mere assembly of or gathering of people for illegal purpose punishable by the Revised Penal Code. (2) Armed men attending the gathering – If the illegal purpose is other than those mentioned above. directors and president of the association b. which is a special law. Organized totally or partially for the purpose of committing any of the crimes in RPC Or b. as amended. although not armed.

The crime is direct assault by committing acts of sedition under Article 139 (5). It cannot be committed by culpa. That the aim of the offender is to attain any of the purposes of the crime of rebellion or any of the objects of the crimes of sedition. the consequence is absorbed The crime is not based on the material consequence of the unlawful act. in which case. That there is no public uprising. b. d. They called on people to help themselves to all the rice.  ELEMENTS OF THE 2ND FORM OF DIRECT ASSAULT: a. direct assault with murder) except if resulting in a light felony. or (d) makes a serious resistance. RESISTANCE AND DISOBEDIENCE Article 148 DIRECT ASSAULT  ELEMENTS OF THE 1ST FORM OF DIRECT ASSAULT a. that is. Example of the first form of direct assault: Three men broke into a National Food Authority warehouse and lamented sufferings of the people. That the offender employs force or intimidation. directors. That at the time of the assault the person in authority or his agent (a) is engaged in the actual performance of official duties (motive is not essential). (b) employs force.  Always complexed with the material consequence of the act (e. prostitution and vagrancy. of any person municipality or province or the national government of all or any its property. There was no robbery for there was no intent to gain. They did not even help themselves to a single grain. . The crime committed was direct assault. spoiling of the property. (victim need not be person in authority) c. That there is no public uprising. The crime of direct assault punishes the spirit of lawlessness and the contempt or hatred for the authority or the rule of law. That the person assaulted is a person in authority or his agent. president and members Public morals refers to crimes punished under Title Six of the Revised Penal Code. for any political or social end. b. injure or assault). or that he is assaulted (b) by reason of the past performance of official duties (motive is essential). namely. (c) makes a serious intimidation. That the offender knows that the one he is assaulting is a person in authority or his agent in the exercise of his duties (with intention to offend. e. 41 Elements and Notes in Criminal Law Book II by RENE CALLANTA It is the meeting and the attendance at such Act of forming or organizing and that are punished membership in the association Persons liable: leaders and those present Founders. Crime of direct assault can only be committed by means of dolo. gambling. but there is no public uprising. grave scandal.g. c. ASSAULT. That the offender (a) makes an attack.

42 Elements and Notes in Criminal Law Book II by RENE CALLANTA To be specific. as the case may be. So.  Hitting the policeman on the chest with fist is not direct assault because if done against an agent of a person in authority. but murder. the crime of direct assault can not be separated from the material result of the act. acquittal or conviction in one is a bar to the prosecution in the other. It is the spirit of hate which is the essence of direct assault. if an offender who is charged with direct assault and in another court for the slight physical Injury which is part of the act. it is always complexed with the material consequence of the unlawful act. the crime is direct assault with murder or homicide. and persons charged with the supervision of public or duly recognized private schools. There could be direct assault if the offender killed the judge simply because the judge is so strict in the fulfillment of his duty. professors. postmaster.  Agent: is one who. The only time when it is not complexed is when material consequence is a light felony. slight physical injury. because he acts in legitimate self-defense . President of Sanitary Division and a teacher In applying the provisions of Articles 148 and 151. If the unlawful act was murder or homicide committed under circumstance of lawlessness or contempt of authority. shall be deemed a person in authority. Laying of hands)  The intimidation or resistance must be serious whether the offended party is an agent only or a person in authority (ex. agents of the BIR. the crime would be direct assault with murder or homicide. teachers. is charged with the maintenance of public order and the protection and security of life and property.  When the person in authority or the agent provoked/attacked first. that is. so is a Division Superintendent of schools. Pointing a gun) Force Employed Intimidation/Resistance Person in Need not be serious Serious Authority Agent Must be of serious character Serious  Person in authority: any person directly vested with jurisdiction (power or authority to govern and execute the laws) whether as an individual or as a member of some court or governmental corporation. In the example of the judge who was killed. municipal treasurer. where the spirit is present. sheriff. by direct provision of law or by election or by appointment by competent authority. Malacañang confidential agent)  Even when the person in authority or the agent agrees to fight. the killing is not the direct assault. policeman. the force employed must be of serious character  The force employed need not be serious when the offended party is a person in authority (ex. colleges and universities and lawyers in the actual performance of their duties or on the occasion of such performance. So. still direct assault. if a judge was killed while he was holding a session. innocent party is entitled to defend himself and cannot be held liable for assault or resistance nor for physical injuries. (Example. Direct assault absorbs the lighter felony. board or commission  A barangay captain is a person in authority. Barrio councilman and any person who comes to the aid of the person in authority.

the attack must be by reason of his official function in the past. 343)  There can be no assault upon or disobedience to one authority by another when they both contend that they were in the exercise of their respective duties. vs. if a judge was killed while resisting the taking of his watch. Motive becomes important in this respect. 43 Elements and Notes in Criminal Law Book II by RENE CALLANTA The offended party in assault must not be the aggressor. Hernandez. . In this respect it is enough that the offender should know that the offended party was exercising some form of authority. when the offender lays hand upon a person in authority  Complex crime of direct assault with homicide or murder. On the other hand. the stature of the offended person is immaterial. there is no direct assault. For example. Example.  When assault is made by reason of the performance of his duty there is no need for actual performance of his official duty when attacked In direct assault of the first form. if two persons were quarreling and a policeman in civilian clothes comes and stops them. No knowledge. although what may have happened was a purely private affair. any form of resistance which may be in the nature of force against him will be considered as an act of legitimate defense. but one of the protagonists stabs the policeman. For the crime to be direct assault.S. the crime may simply be the material consequence of he unlawful act: murder or homicide. when the assault is committed with a weapon b. performing his official functions. you have to distinguish a situation where a person in authority or his agent was attacked while performing official functions. when the offender is a public officer or employee c. Vallejo. it is also important that the offended knew that the person he is attacking is a person in authority or an agent of a person in authority. It shall be absorbed by the greater crime of direct assault. 59 Phil. as in fact the offender is even subjected to a greater penalty (U. from a situation when he is not performing such functions. It is enough that the offender knew that the person in authority was performing an official function whatever may be the reason for the attack. It is not necessary that the offender knows what is meant by person in authority or an agent of one because ignorantia legis non excusat. (People vs.  If attack was done during the exercise of official functions. If the crime of direct assault is committed with the use of force and it resulted in the infliction of slight physical injuries. If there is unlawful aggression employed by the public officer. Acierto. In the second form. 193). or with serious physical injuries.  Circumstances qualifying the offense (Qualified Assault): a. the latter shall not be considered as a separate offense. The Supreme Court said that assault may still be committed. there would be no direct assault unless the offender knew that he is a policeman. The crime is manifested by the spirit of lawlessness. 11 Phil. if the person in authority or the agent was killed when no longer performing official functions. The offender and the offended party are both public officers. (People vs. In the second form of direct assault. no lawlessness or contempt. the crime is always direct assault. 614)  Direct assault cannot be committed during rebellion. 57 Phil.

Take note that under Article 152. said person at that moment is no longer a civilian – he is constituted as an agent of the person in authority. That a person comes to the aid of such authority or his agent. refusing without legal excuse to obey summons b. . That a person in authority or his agent is the victim of any of the forms of direct assault defined in ART. refusing to answer any legal inquiry to produce books. d. The exercise by the legislature of its contempt power is a matter of self-preservation. it shall enjoy the same privilege. the person coming to the aid of the person in authority being considered as an agent and an attack on the latter is already direct assault). The contempt power of the legislature is inherent and sui generis. b. That the offender makes use of force or intimidation upon such person coming to the aid of the authority or his agent. When a private person comes to the aid of a person in authority. If such person were the one attacked. inducing disobedience to a summons or refusal to be sworn The act punished is refusal. The victim in indirect assault should be a private person who comes in aid of an agent of a person in authority. refusing to be sworn or placed under affirmation c. Under Republic Act No. 44 Elements and Notes in Criminal Law Book II by RENE CALLANTA May direct assault be committed upon a private individual? Yes. independent of the judicial branch. to obey summons issued by the House of Representatives or the Senate. the crime would be direct assault Article 150 DISOBEDIENCE TO SUMMONS  Acts punishable: a. c. If a Constitutional Commission is created. without legal excuse. 148. records etc. The assault is upon a person who comes in aid of the agent of a person in authority.  a private person who comes to the aid of a person in authority is by fiction of law deemed or is considered an agent of a person in authority. Article 149 INDIRECT ASSAULT  ELEMENTS: a. 1978. Aiding a policeman under attack. when any person comes in aid of a person in authority.  Indirect assault can be committed only when a direct assault is also committed  To be indirect assault. as amended. the person who should be aided is the agent (not the person in authority because it is already direct assault. Example. The victim cannot be the person in authority or his agent. and he is likewise assaulted. restraining another from attending as witness in such body e.

even a case of simple resistance to an arrest. Ramayrat. That a person in authority or his agent is engaged in the performance of official duty or gives a lawful order to the offender. b. for them to exercise the power of contempt. 183 The Supreme Court held that: “the  violation does not refer to resistance or disobedience to the legal provisions of the law. 149 and 150. c. otherwise. US vs. 2)  ELEMENTS: a. 148. Rather. resisting a PIA or his agent. That the act of the offender is not included in the provisions of arts. That the offender resists or seriously disobeys such person in authority or his agent. b. The reason given is that local legislative bodies are but a creation of law and therefore. 45 Elements and Notes in Criminal Law Book II by RENE CALLANTA The power to punish is not extended to the local executive bodies. no manifest intention to defy the law and the officers enforcing it.” Direct Assault (148) Resistant and Disobedience to a Person in Authority or Agents of such Person (151) PIA or his agent must be engaged in the PIA or his agent must be in the actual performance of official duties or that he is performance of his duties. 22 Phil. That an agent of a person in authority is engaged in the performance of official duty gives a lawful order to the offender. That the offender disobeys such agent of a person in authority. and seriously PIA or his agent. The attack or employment of force which gives rise to the crime of direct assault must be serious and deliberate. but the use of force in resistance is not so serious. which always requires the use of . SIMPLE DISOBEDIENCE (par. In both resistance against an agent of a person in authority and direct assault by resisting an agent of a person in authority. Article 151 RESISTANCE/DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENT OF SUCH PERSON (par. the disobedience or resistance is to the orders directly issued by the authorities in the exercise of their official duties. That such disobedience is not of a serious nature . Use of force against an agent of PIA must Use of force against an agent of a PIA is not so be serious and deliberate. there must be an express grant of the same. c. employing force. 1)  ELEMENTS: a. there is force employed. assaulted Direct assault is committed in 4 ways – by Committed by resisting or seriously disobeying a attacking. nor to judicial decisions defining or declaring the rights and obligations of the parties for the same give reliefs only in the form of civil actions. serious. as there is no manifest intention to defy the law and the officers enforcing it.

. the crime committed is indirect assault. Provincial fiscal e. Persons charged with the supervision of public or duly recognized private schools. protection and the security of life. Any assault committed against such person is direct assault. and not indirect assault. But when the one resisted is a person in authority. property. or the maintenance of a desirable and balanced environment. while other barangay officials and members who may be designated by law or ordinance and charged with the maintenance of public order. Justice of the peace f. a private individual comes to his rescue. Barrio policeman c. the punong barangay. would constitute direct assault and the lesser offense of resistance or disobedience in Article 151 would entirely disappear. Barangay captain b. Barangay leader d.  When the offended party is a person in authority and while being assaulted.  Examples of agents of PIA : a. But if the person assaulted is an agent of a person in authority. Barrio councilman b. 46 Elements and Notes in Criminal Law Book II by RENE CALLANTA force of some kind. whether as an individual or as a member of some court or governmental corporation. Municipal councilor g. the use of any kind or degree of force will give rise to direct assault. is charged with the maintenance of public order and the protection and security of life and property. Article 152 PERSONS IN AUTHORITY/AGENTS OF PERSONS IN AUTHORITY:  Persons in Authority – any person directly vested with jurisdiction. board or commission. Lawyers in the actual performance of their professional duties or on the occasion of such performance  Agent of Person in Authority – any person who. Municipal mayor d. sangguniang barangay members and members of the lupong tagapamayapa in each barangay shall be deemed as persons in authority in their jurisdictions. Any person who comes to the aid of persons in authority  Section 388 of the Local Gov’t Code provides that “for purposes of the RPC. colleges and universities j. the crime committed is resistance or serious disobedience under the first paragraph of Article 151. and any barangay member who comes to the aid of persons in authority shall be deemed AGENT of persons in authority. Barangay chairman c. by direct provision of law or by election or by appointment by competent authority. as earlier discussed. Professors i. and a private individual comes to his rescue and is himself assaulted while giving the assistance. Teachers h. such private individual. mutates mutandis becomes an agent of a person in authority. If no force is employed by the offender in resisting or disobeying a person in authority.  Examples of Persons in Authority : a. by operation of law.

the crime is disturbance of the public order. if the offender had no such criminal intent. this article applies.  If the speaker.  For a crime to be under this article. Art 131 and 132 punishes the same acts if committed by public officers who are NOT participants in the meeting  The outcry is merely a public disorder if it is an unconscious outburst which. which tends to incite rebellion or sedition in the meeting. interruption. even before he delivered his speech. already had the criminal intent to incite the listeners to rise to sedition. the meeting is legal and peaceful. the crime would be inciting to sedition. c. . and even in private places where public functions or performances are being held.  This article should be distinguished from inciting to rebellion or sedition as discussed under Article 138 and 142.  If the act of disturbing or interrupting a meeting or religious ceremony is NOT committed by public officers. it must not fall under Articles 131 (prohibition. its inciting to rebellion or sedition. Causing any serious disturbance in a public place. office or establishment b. or if committed by public officers who are not participants therein. Displaying placards or emblems which provoke a disturbance of public order in such place e.  Tumultuous – if caused by more than 3 persons who are armed or provided with means of violence (circumstance qualifying the disturbance/interruption) – “tumultuous in character” The essence is creating public disorder. the situation must be distinguished from inciting to sedition or rebellion. What makes it inciting to rebellion or sedition is the act of inciting the audience to commit rebellion or sedition. In the latter case. if the act is not included in Art 131 and 132 (Public Officers interrupting peaceful meetings or religious worship). gatherings or peaceful meetings. However. otherwise. but in the course of his speech. It becomes unlawful only because of the outcry made. association or public place d. 47 Elements and Notes in Criminal Law Book II by RENE CALLANTA CRIMES AGAINST PUBLIC DISORDERS Article 153 TUMULTS AND OTHER DISTURBANCES OF PUBLIC ORDER  TYPES: a. and dissolution of peaceful meetings) and 132 (interruption of religious worship). is not intentionally calculated to induce others to commit rebellion or sedition. In the former. public buildings. Interrupting or disturbing public performances. functions. tempers went high and so the speaker started inciting the audience to rise in sedition against the government. Burying with pomp the body of a person who has been legally executed. This crime is brought about by creating serious disturbances in public places. In the act of making outcry during speech tending to incite rebellion or sedition. Making any outcry tending to incite rebellion or sedition in any meeting. the meeting is unlawful from the beginning and the utterances made are deliberately articulated to incite others to rise publicly and rebel against the government. although rebellious or seditious in nature.

reproduction or republication of government publications and official documents without previous authority The article also punishes any person who knowingly publishes official acts or documents which are not officially promulgated. lithography or any other means of publication as news any false news which may endanger the public order. the crime cannot be committed. 248 prohibits the reprinting. 48 Elements and Notes in Criminal Law Book II by RENE CALLANTA The disturbance of the pubic order is tumultuous and the penalty is increased if it is brought about by armed men. distrust and divide people in their loyalty to the duly constituted authorities. rocket. by the same means or by words. He should not be made out as a martyr. utterances or speeches c. or cause damage to the interest or credit of the State. justifying or extolling any act punished by law. b. or other explosive within any town or public place. firecracker. or before they have been published officially d. publishing or distributing or (causing the same) books. If committed in a private place. pamphlets. Encouraging disobedience to the law or to the constituted authorities or by praising. Printing. it might incite others to hatred. periodicals or leaflets which do not bear the real printer’s name or which are classified as anonymous. Article 154 UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL UTTERANCES  TYPES: a. calculated to cause alarm or danger b. The purpose of the law is to punish the spreading of false information which tends to cause panic. Republic Act No. Instigating or taking active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility c. The term “armed” does not refer to firearms but includes even big stones capable of causing grave injury.  The crime of disturbance of public order may be committed in a public or private place. Actual public disorder or actual damage to the credit of the State is not necessary. Maliciously publishing or causing to be published any official resolution or document without proper authority. the law is violated only where the disturbance is made while a public function or performance is going on. Without a public gathering in a private place. Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusement . by means of printing. confusion. Discharging any firearm. Article 155 ALARMS AND SCANDALS  TYPES: a. Publishing or causing to be published.  It is also disturbance of the public order if a convict legally put to death is buried with pomp .

(4) Grave Threats – If the weapon is not discharged but merely pointed to another (5) Other Light Threats – If drawn in a quarrel but not in self defense  What governs is the result. the crime is automatically attempted homicide. If the annoyance is intended for a particular person. designed to deride. insult or annoy When a person discharges a firearm in public. Offender is a private individual  Prisoner may be detention prisoner or one sentenced by virtue of a final judgment . understand that it is not necessary that the offended party be wounded or hit. That there is a person confined in a jail or penal establishment. b. or helps the escape of such person (if the escapee is serving final judgement. or parricide if the firearm when discharged is directed against a person and intent to kill is present. Disturbances (153) outsider Alarms and Scandals (155) Crime against Public Order Private persons.  Understand the nature of the crime of alarms and scandals as one that disturbs public tranquility or public peace. not the intent CRIME Nature of Crime Who are Liable Tumults and other Crime against Public Order Private persons. c. In Araneta v. the act may constitute any of the possible crimes under the Revised Penal Code: (1) Alarms and scandals if the firearm when discharged was not directed to any particular person. It can not be frustrated because the offended party is not mortally wounded. outsider Article 156 DELIVERING PRISONERS FROM JAILS  ELEMENTS : a. tin horns etc. Intent to kill is inherent in the use of the deadly weapon. he is guilty of evasion of sentence). the crime is unjust vexation. (2) Illegal discharge of firearm under Article 254 if the firearm is directed or pointed to a particular person when discharged but intent to kill is absent. murder. it was held that if a person is shot at and is wounded. In this connection.  Charivari – mock serenade or discordant noises made with kettles. (3) Attempted homicide. Causing any disturbance or scandal in public places while intoxicated or otherwise. provided the act is not covered by Art 153 (tumult). 49 Elements and Notes in Criminal Law Book II by RENE CALLANTA d. Mere discharge of firearm towards another with intent to kill already amounts to attempted homicide or attempted murder or attempted parricide. Court of Appeals. That the offender removes therefor such person.

000. The only point of distinction between the two crimes lies on whether the offender is the custodian of the prisoner or not at the time the prisoner was made to escape. there is no question that Pedro. 50 Elements and Notes in Criminal Law Book II by RENE CALLANTA Even if the prisoner is in the hospital or asylum or any place for detention of prisoner. From the facts given. The crime of evasion of service of sentence is committed by the prisoner who escapes if such prisoner is a convict serving sentence by final judgment.  It may be committed through negligence  Circumstances qualifying the offense – is committed by means of violence. the offender may be a public officer or a private citizen. as the jail warden. Provided that Juan comes across with P5. he himself becomes liable for delivering prisoners from jail as a principal by indispensable cooperation. even though he is a public officer. In both acts. the jail warden. It is possible that several crimes may be committed in one set of facts. the custodian and the prisoner – three crimes are committed: (1) Infidelity in the custody of prisoners. that is.00 pesos as bribe money. Both crimes may be committed by public officers as well as private persons. the crime is infidelity in the custody of prisoners.  Mitigating circumstance – if it takes place outside the penal establishment by taking the guards by surprise correlate the crime of delivering person from jail with infidelity in the custody of prisoners punished under Articles 223. intimidation or bribery. But if such prisoner knows of the plot to remove him from jail and cooperates therein by escaping. If the prisoner who escapes is only a detention prisoner. and he has been officially categorized as a prisoner. For instance.  A policeman assigned to the city jail as guard who while off-duty released a prisoner is liable here Even if the prisoner returned to the jail after several hours. as such place is considered extension of the penal institution. If three persons are involved – a stranger. The arrangement was not known to Maria but when she noticed the unlocked gate of the city jail she took advantage of the situation and escaped. But if the offender is not the custodian of the prisoner at that time. the one who removed him from jail is liable. as long as he is classified as a prisoner. a formal complaint or information has been filed in court. this article applies. and (3) Evasion of service of sentence. whether infidelity in the custody of prisoners or delivering prisoners from jail. In both crimes.  If the offender is the custodian at that time. Liability of the prisoner or detainee who escaped – When these crimes are committed. 224 and 225 of the Revised Penal Code. (2) Delivery of the prisoner from jail.  Do not think that infidelity in the custody of prisoners can only be committed by a public officer and delivering persons from jail can only be committed by private person. the prisoner so escaping may also have criminal liability and this is so if the prisoner is a convict serving sentence by final judgment. the person involved may be a convict or a mere detention prisoner. assuming that Pedro. he does not incur liability from escaping if he does not know of the plan to remove him from jail. the crime he committed is delivering prisoners from jail. agreed with Juan to allow Maria to escape by not locking the gate of the city jail. is liable .

escaping from his prison cell when his case is still on appeal does not make said prisoner liable for Evasion of Service of Sentence. That the offender is a convict by final judgment. (3) Violating the condition of conditional pardon under Article 159. He will also be able for the crime of bribery. that the prisoner immediately returned is immaterial . (2) Failure to return within 48 hours after having left the penal establishment because of a calamity. if she is a detention prisoner. 51 Elements and Notes in Criminal Law Book II by RENE CALLANTA for the crime of infidelity in the custody of the prisoner. His voluntary return may only be mitigating. it cannot be committed when the prisoner involved is merely a detention prisoner. If Maria is a sentenced prisoner. (fact of return immaterial). . being analogous to voluntary surrender. she commits no crime. 212.  A continuing offense. and this is committed if the convict sentenced to destierro will enter the prohibited places or come within the prohibited radius of 25 kilometers to such places as stated in the judgment.  By the very nature of the crime. Article 157 EVASION OF SERVICE OF SENTENCE  ELEMENTS : a. conflagration or mutiny has been announced as already passed under Article 158.  Offenders – not minor delinquents nor detention prisoners  If escaped within the 15 day appeal period – no evasion  No applicable to deportation as the sentence  The crime of evasion of service of sentence may be committed even if the sentence is destierro. Juan will be liable for the crime of delivering a prisoner from jail and for corruption of public official under Art. Thus. That he is serving his sentence which consists in deprivation of liberty (destierro included) c.  In leaving or escaping from jail or prison. b. EVASION OF SENTENCE OR SERVICE Evasion of service of sentence has three forms: (1) By simply leaving or escaping from the penal establishment under Article 157. she will be liable for evasion of service of sentence under Article 157. But it applies to persons convicted by final judgment with a penalty of destierro. conflagration or mutiny and such calamity. But the same will not absolve his criminal liability. It is enough that he left the penal establishment by escaping therefrom. That he evades the service of his sentence by escaping during the term if his sentence. A detention prisoner even if he escapes from confinement has no criminal liability .

false keys. and was ordered by the court to be deported.  For such event to be considered as a calamity.  Circumstances qualifying the offense (done thru): a. Held: He is not guilty of Evasion of Service of Sentence as the law is not applicable to offenses executed by deportation. disguise. explosion. deceit. windows. or 4. EARTHQUAKES OR OTHER CALAMITIES  ELEMENTS : a.  The leaving from the penal establishment is not the basis of criminal liability. That the offender evades the service of his sentence by leaving the penal institution where he is confined. roofs or floors c. Article 158 EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF DISORDERS. on the occasion of such disorder or during the mutiny. This is so because the penalty for the evasion can not be more severe than the penalty evaded. breaking doors. not imprisonment.1. d. Only those who left and returned within the 48-hour period. CONFLAGRATIONS. That the offender is a convict by final judgement who is confined in a penal institution. earthquake. also 1/5. gates. not participated. Even if the events herein mentioned may be . an added penalty. But if the prisoner fails to return within said 48 hours. he returned to the Philippines in violation of the sentence. the penalty upon the convict is to be served by way of destierro also. 867). c. Under Article 158. That there is disorder. Loo Hoe. connivance with other convicts or employees of the penal institution A. resulting from. or 5. was found guilty of violation of the law. unlawful entry (by “scaling”) b. In no case shall that penalty exceed six months. using picklocks. Later on. (U. conflagration.S. 52 Elements and Notes in Criminal Law Book II by RENE CALLANTA If the sentence violated is destierro. those who return within 48 hours are given credit or deduction from the remaining period of their sentence equivalent to 1/5 of the original term of the sentence. walls. not on the original sentence. That the offender fails to give himself up to the authorities within 48 hours following the issuance of a proclamation by the chief executive announcing the passing away of such calamity. mutiny . He must issue a proclamation to the effect that the calamity is over. 2. It is the failure to return within 48 hours after the passing of the calamity. violence or intimidation d. vs. b. a foreigner. the President must declared it to be so.  Offender must escape to be entitled to allowance Those who did not leave the penal establishment are not entitled to the 1/5 credit. similar catastrophe. shall be imposed but the 1/5 penalty is based on the remaining period of the sentence. or 3. 36 Phil. conflagration or mutiny had been announced.

it may also be an administrative action by referring the violation to the court of origin and praying for the issuance of a warrant of arrest justified under Section 64 of the Revised Administrative Code.  Disarming the guards is not mutiny Violation attributed to the accused is no longer referred to the court for judicial inquiry or resolution. that is. It includes those punished under Special Law. That he violated any of the conditions of such pardon. Even if the prisoner will return to the penal institution where he was confined. the remedy against the accused may be in the form of prosecution under Article 159. That the offender was a convict. not under the present article but for pure evasion of service of sentence under Article 157.  Mutiny – organized unlawful resistance to a superior officer. . It is only extended to one who returns but made inside the 48 hours delimited by the proclamation. This is when the conditional pardon expressly so provides or the language of the conditional pardon clearly shows the intention to make the condition perpetual even beyond the unserved portion of the sentence. 74 Phil. If the condition of the pardon is violated. c. Absent such declaration. the violation is not substantive but administrative in nature. In violation of conditional pardon. b. One who escapes during a riot will be subject to Article 157. Article 159 VIOLATION OF CONDITIONAL PARDON  ELEMENTS: a. as a rule. the convict may be required to serve the unserved portion of the sentence even though the violation has taken place when the sentence has already lapsed. there is a need for the Chief Executive to make such announcement. (People vs. a revolt  The mutiny referred to in the second form of evasion of service of sentence does not include riot. That he was granted a conditional pardon by the chief executive. the same is of no moment as in the meantime he has committed a violation of the law. 53 Elements and Notes in Criminal Law Book II by RENE CALLANTA considered as calamity. a sedition. The law has provided sufficient guidelines for the jail warden to follow. even though committed beyond the remaining period of the sentence. This disquisition will not apply if the offender who escapes taking advantage of the calamities enumerated herein is apprehended by the authorities after 48 hours from the declaration that the calamity is over. Corral.  The administrative liability of the convict under the conditional pardon is different and has nothing to do with his criminal liability for the evasion of service of sentence in the event that the condition of the pardon has been violated. In such case. the violation will amount to this crime only if the condition is violated during the remaining period of the sentence. simply leaving or escaping the penal establishment. Exception: where the violation of the condition of the pardon will constitute evasion of service of sentence. The mutiny referred to here involves subordinate personnel rising against the supervisor within the penal establishment. 357).  Condition extends to special laws – violation of illegal voting The condition imposed upon the prisoner not to be guilty of another crime is not limited to those punishable under the Revised Penal Code. At this stage.

. 152 SCRA 292) VIOLATION OF PARDON ORDINARY EVASION Infringement of conditions/terms of To evade the penalty given by the courts – President disturbs the public order  Two penalties provided: a. But if under Revised Admin Code. in full enjoyment of his right to due process. 54 Elements and Notes in Criminal Law Book II by RENE CALLANTA  Offender must have been found guilty of the subsequent offense before he can be prosecuted under this Article. Except: Unworthy or Habitual Delinquent  If new felony is evasion of sentence – offender is not a quasi-recidivist  Penalty: maximum period of the penalty for the new felony should be imposed Quasi-recidivism is a special aggravating circumstance which directs the court to impose the maximum period of the penalty prescribed by law for the new felony. President has power to arrest. not special laws. medium or maximum period of the penalty. reincarnate offender without trial Article 159 is a distinct felony. It is a substantive crime. Only after a final judgment has been rendered against him may he suffer the penalty prescribed under Article 159 (Torres vs. (People vs. The mandate is absolute and is justified by the finding that the accused is suffering from some degree of moral perversity if not total incorrigibility. He will be entitled to a full blown hearing. prision correccional in its minimum period – if the penalty remitted does not exceed 6 years b. First crime may be either from the RPC or special laws  Reiteracion: offender shall have served out his sentence for the prior offense  A quasi-recidivist may be pardoned at age 70. There will be no occasion for the court to consider imposing the minimum. et al. or while serving the same.. Alicia.  Second crimes must belong to the RPC. no conviction necessary.  Quasi-recidivism : a person after having been convicted by final judgement shall commit a new felony before beginning to serve such sentence. et al. That the offender was already convicted by final judgement of one offense. For one to suffer the consequence of its violation. (People vs. The court will do away or will ignore mitigating and aggravating circumstances in considering the penalty to be imposed. 65 SCRA 460) . Bautista. To be appreciated as a special aggravating circumstance. 95 SCRA 227) Quasi-recidivism is an aggravating circumstance which cannot be offset by any mitigating circumstance . it must be alleged in the information. That he committed a new felony before beginning to serve such sentence or while serving the same. the unexpired portion of his original sentence – if the penalty remitted is higher than 6 years COMMISSION OF ANOTHER CRIME Article 160 COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE-PENALTY: (quasi-recidivism)  ELEMENTS a. b. Gonzales. the prisoner must be formally charged in court.

164). 178). False testimony in civil cases (Art. Falsification of wireless. 182). 181). 185). Selling of false or mutilated coins. 13. 6. 173). Forging treasury or bank notes or other documents payable to bearer. Counterfeiting. 16. Using false certificates (Art. 15. 183). 17. 177). 10. 161). Falsification of legislative documents (Art. False testimony against a defendant (Art. 176). 162). 21. 2. 184). importation and uttering of mutilated coins (Art. Using fictitious name and concealing true name (Art. 7. Falsification by private individuals and use of falsified documents (Art. 167). 165). 22. importing and uttering of such false or forged notes and documents (Art. 174). 18. Manufacturing and possession of instruments or implements for falsification (Art. . 4. 55 Elements and Notes in Criminal Law Book II by RENE CALLANTA  Quasi-Recidivism may be offset by a special privileged mitigating circumstance (ex. 170). 12. Minority) TITLE FOUR CRIMES AGAINST PUBLIC INTEREST Crimes against public interest 1. 166). 172). Machinations in public auction (Art. 8. 168). 5. Mutilation of coins. False medical certificates. Usurpation of authority or official functions (Art. 171). Counterfeiting the great seal of the Government of the Philippines (Art. without connivance (Art. cable. 179). False testimony in other cases and perjury (Art. Illegal use of uniforms or insignia (Art. false certificates of merit or service (Art. Using forged signature or counterfeiting seal or stamp (Art. 163). Falsification by public officer. 175). Making and importing and uttering false coins (Art. False testimony favorable to the defendant (Art. Illegal possession and use of forged treasury or bank notes and other instruments of credit (Art. 23. 24. 9. 14. employee or notary (Art. telegraph and telephone messages and use of said falsified messages (Art. importing and uttering instruments not payable to bearer (Art. 180). 19. 3. 11. 20. Offering false testimony in evidence (Art.

That there be false or counterfeited coins (need not be legal tender). fraudulent designation of origin. That the offender knew of the counterfeiting or forgery. imported or uttered such coins. 188). 189). and false description (Art. This is the act that is being punished under this title. 186). it is not falsification but forging of signature under this article  Signature must be forged. There is deceit perpetrated upon the public. Unfair competition and fraudulent registration of trade mark or trade name. Importation and disposition of falsely marked articles or merchandise made of gold. Monopolies and combinations in restraint of trade (Art. or service mark. That he used the counterfeit seal or forged signature or stamp. silver. or other precious metals or their alloys (Art. b. The crimes in this title are in the nature of fraud or falsity to the public. c. That the great seal of the republic was counterfeited or the signature or stamp of the chief executive was forged by another person. others signed it – not the President. Forging the stamp of the President  When the signature of the President is forged. 28. 187). That the offender either made. Forging the great seal of the Government b. Forging the signature of the President c. Substituting and altering trade marks and trade names or service marks (Art. The essence of the crime under this title is that which defraud the public in general. Article 162 USING FORGED SIGNATURE OR COUNTERFEIT SEAL OR STAMP ELEMENTS: a. 56 Elements and Notes in Criminal Law Book II by RENE CALLANTA 25. Article 161 COUNTERFEITING GREAT SEAL OF GOVERNMENT  TYPES: a. 27. .  Offender is NOT the forger/not the cause of the counterfeiting Article 163 MAKING AND IMPORTING AND UTTERING FALSE COINS  ELEMENTS : a. b. 26.

the law wants to prevent people from trying their ingenuity in their imitation of the manufacture of money. In the crime of counterfeiting. or if it is not an article of the government as legal tender. Importing or uttering such mutilated coins. 2. the act of imitating or manufacturing the coin of the government is penalized. he connives with counterfeiters or importers. (3) Falsification – can only be committed in respect of documents. (2) Forgery – refers to instruments of credit and obligations and securities issued by the Philippine government or any banking institution authorized by the Philippine government to issue the same. regardless if it is of no value Kinds of coins the counterfeiting of which is punished 1. 57 Elements and Notes in Criminal Law Book II by RENE CALLANTA c.  Coin is counterfeit – if it is forged. with the further requirement that there must be connivances with the mutilator or importer in case of uttering. . there are two crimes that may be committed: (1) Counterfeiting coins -. different design) such as to deceive an ordinary person in believing it to be genuine  Utter – to pass counterfeited coins. Mutilating coins of the legal currency. The first acts of falsification or falsity are – (1) Counterfeiting – refers to money or currency. In punishing the crime of counterfeiting. the law is not concerned with the fraud upon the public such that even though the coin is no longer legal tender. Silver coins of the Philippines or coins of the Central Bank of the Philippines. Coins of the minor coinage of the Philippines or of the Central Bank of the Philippines.  Counterfeiting – imitation of legal or genuine coin (may contain more silver. Coin of the currency of a foreign country. That in case of uttering such false or counterfeited coins. with the further requirements that there be intent to damage or to defraud another. In so far as coins in circulation are concerned.This is the crime of remaking or manufacturing without any authority to do so. deliver or give away  Import – to bring to port the same  Both Philippine and foreign state coins  Applies also to coins withdrawn from circulation  Essence of article: making of coins without authority Acts punished 1. 3. 2.

thus. If it is not legal tender anymore. In mutilation of coins under the Revised Penal Code. pile or cut the coin and collect the dust and. the crime of mutilation is committed. but Presidential Decree No. (Defacement. the offender does nothing but to scrape. Questions & Answers 1. and the offender minimizes or decreases the precious metal dust content of the coin. the acts punishable are: a. If the offender does not collect such dust. Deliberate intent arises only when the offender collects the precious metal dust from the mutilated coin. before they throw the coin in the air would rub the money to the sidewalk thereby diminishing the intrinsic value of the coin. 247 will apply. Mutilation of coins is a crime only if the coin mutilated is legal tender . burning e. tearing d. intent to mutilate is absent.  Must be intention to mutilate. under Presidential Decree No.This refers to the deliberate act of diminishing the proper metal contents of the coin either by scraping. The offender must deliberately reduce the precious metal in the coin. Article 164  MULTILATION OF COINS – IMPORTATION AND UTTERANCE: This has been repealed by PD 247. to diminish by inferior means (to diminish metal contents). 58 Elements and Notes in Criminal Law Book II by RENE CALLANTA (2) Mutilation of coins -. But if the coin is of legal tender. Mutilation under the Revised Penal Code is true only to coins. scratching or filling the edges of the coin and the offender gathers the metal dust that has been scraped from the coin. mutilation is not limited to coins. no one will accept it. mutilation c. destruction of Central Bank notes and coins  Mutilation – to take off part of the metal either by filling it or substituting it for another metal of inferior quality.  There is no expertise involved here. and (3) It has to be a coin. 247. Must be legal tender.  Foreign notes and coins not included. Is the crime of mutilation committed? . diminishing the intrinsic value of the coin. willful defacement b. Burning or Destroying Central Bank Notes and Coins) Under this PD. However. (2) Offender gains from the precious metal dust abstracted from the coin. Requisites of mutilation under the Revised Penal Code (1) Coin mutilated is of legal tender. The people playing cara y cruz. Tearing. so nobody will be defrauded. Mutilation. It cannot be a crime under the Revised Penal Code to mutilate paper bills because the idea of mutilation under the code is collecting the precious metal dust.

Was he guilty of violating Presidential Decree No. 247. Then came the police who advised her that she has no right to refuse since the coins are of legal tender. 247. knowing that it is false or mutilated. However. her act would result in the diminution of the coin in circulation. On this. A certain customer in a restaurant wanted to show off and used a P 20. Possession of coin. But by rubbing the coins on the sidewalk. knowing the same to be false or mutilated. counterfeited or mutilated by another person. actually uttering. 5. knowledge b. under the Revised Penal Code. 247. The primary purpose of Presidential Decree No. he also defaces and destroys the coin and that is punishable under Presidential Decree No. 247 is violated by such act. Note that persons making bracelets out of some coins violate Presidential Decree No. and . 247 is not to punish the act of defrauding the public but what is being punished is the act of destruction of money issued by the Central Bank of the Philippines. and 3. 247? He was guilty of arrested for violating of Presidential Decree No. 247 at the time it was ordained was to stop the practice of people writing at the back or on the edges of the paper bills. Presidential Decree No. Anyone who is in possession of defaced money is the one who is the violator of Presidential Decree No. if the act of mutilating coins does not involve gathering dust like playing cara y cruz. When the image of Jose Rizal on a five-peso bill is transformed into that of Randy Santiago. ELEMENTS: 1. 59 Elements and Notes in Criminal Law Book II by RENE CALLANTA Mutilation. ELEMENTS: 1. The intention of Presidential Decree No. is there a violation of Presidential Decree No. 247? She was guilty of violating Presidential Decree No. Was the old woman guilty of violating Presidential Decree No. with intent to utter the same. this will amount to violation of Presidential Decree No. 247. 247 because if no one ever picks up the coins. with intent to utter. 4. Article 165 SELLING OF FALSE OR MUTILATED COIN. is not committed because they do not collect the precious metal content that is being scraped from the coin. 247. WITHOUT CONNIVANCE  2 Types a. possession 2. that is not mutilation under the Revised Penal Code because the offender does not collect the metal dust. An old woman who was a cigarette vendor in Quiapo refused to accept one-centavo coins for payment of the vendee of cigarettes he purchased. So. the old woman accepted in her hands the one-centavo coins and then threw it to the face of the vendee and the police.00 bill to light his cigarette. 2. such as "wanted: pen pal". Actually uttering such false or mutilated coin. 247? Yes.

checks. On the other hand. Uttering of such false or forged obligations and notes in connivance with forgers and importers  Forging – by giving a treasury or bank note or document payable to bearer/order an appearance of a true and genuine document  Falsification – by erasing. if it is not a government security. Kong Leon). 60 Elements and Notes in Criminal Law Book II by RENE CALLANTA 2. c. he connived with the forger or importer. words. Attempted estafa through falsification of an obligation or security of the Phil  PNB checks not included here – it’s falsification of commercial document under Article 172  Obligation or security includes: bonds.g. certificate of indebtedness. AND UTTERING INSTRUMENTS NOT PAYABLE TO BEARER  ELEMENTS : a. IMPORTING. bills. Article 167 COUNTERFEITING. counterfeiting or altering by any means the figures and letters. then the crime is punished under Article 166. That the offender either forged. b. then the offender may either have violated Article 171 or 172. That in case of uttering. Forging or falsity of treasury/bank notes or documents payable to bearer b. Importing of such notes c. Article 166 FORGING TREASURY OR BANK NOTES – IMPORTING AND UTTERING  Acts punishable: a. That there be an instrument payable to order or other document of credit not payable to bearer. falsifying – lotto or sweepstakes ticket. drafts for money. it is immaterial whether the coin is legal tender or not because the intention of the law is to put an end to the practice of imitating money and to discourage anyone who might entertain the idea of imitating money (People vs. coupons. imported or uttered such instruments. knowledge. . signs contained therein  E. certificate of deposits.  Possession does not require legal tender in foreign coins  Includes constructive possession On counterfeiting coins. national bank notes. treasury notes. substituting. sweepstakes money If the falsification is done on a document that is classified as a government security.

or 2.” Counterfeiting refers to money. this crime is committed when the figures or words are changed which materially alters the document. or signs contained therein. . which under the Revised Penal Code is given a status of money or legal tender. b. it would only be frustrated forgery. Was the crime of forgery committed? No. what is used is “forgery. At most. 247. the appearance of a true and genuine document b. Instead of the peso sign (P). obligation or security has been changed to make it appear as one which it purports to be as genuine. 61 Elements and Notes in Criminal Law Book II by RENE CALLANTA Article 168 ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK NOTES AND OTHER INSTRUMENT OF CREDIT  ELEMENTS: a. the word “counterfeiting” is not used when it comes to notes. The crime committed is a violation of Presidential Decree No. Generally. Notice that mere change on a document does not amount to this crime. possessing with intent to use any of such forged or falsified instrument. by erasing. by giving to a treasury or bank note or any instrument payable to bearer or to order. the crime is forgery. altering by any means the figures. figure or design would amount to forgery. Forgery was not committed. which are in the form of obligations and securities issued by the Philippine government as its own obligations. c. That the offender knows that any of those instruments is forged or falsified. the crime committed is forgery. whether coins or bills. letters or words.  if all acts done but genuine appearance is not given.  Act sought to be punished: Knowingly possessing with intent to use any of such forged treasury or bank notes Article 169 FORGERY  How forgery is committed: a. Questions & Answers 1. counterfeiting. Where the currency note. The essence of forgery is giving a document the appearance of a true and genuine document . That he performs any of these acts – 1. or any instrument payable to order or other document of credit not payable to bearer is forged or falsified by another person. When what is being counterfeited is obligation or securities. which is given the same status as legal tender. using any of such forged or falsified instrument. somebody replaced it with a dollar sign ($). substituting. number. The forged instrument and currency note must be given the appearance of a true and genuine document. the crime is frustrated Forgery under the Revised Penal Code applies to papers. In checks or commercial documents. Not any alteration of a letter. That any treasury or bank note or certificate or other obligation and security payable to bearer.

He has a mimeograph paper similar in texture to that of the currency note and placed it on top of the twenty-peso bill and put some weight on top of the paper. or wireless. however. or private documents. public or official. Was the crime of forgery committed? The Supreme Court ruled that it was only frustrated forgery because although the offender has performed all the acts of execution. (3) Falsification of a public or official. Was the old man guilty of forgery? NO Because of the impossibility of deceiving whoever would be the person to whom that ticket is presented. He was apprehended and was prosecuted and convicted of forgery. scraped it a little and went to a sari-sari store trying to buy a cigarette with that bill. applied toothache drops and reversed the mimeo paper and pressed it to the paper. (4) Falsification of a private document by any person. the Supreme Court ruled that what was committed was an impossible crime. (5) Falsification of wireless. the Supreme Court of Spain ruled that the crime is frustrated. 3. the crime is frustrated because he has done all the acts of execution which would bring about the felonious consequence but nevertheless did not result in a consummation for reasons independent of his will. it is at most frustrated. The writing must be complete in itself and capable of extinguishing an obligation or creating rights or capable of becoming evidence of the facts stated therein. the printing was inverted. An old man. Where the alteration is such that nobody would be deceived. He presented this ticket to the Philippine Charity Sweepstakes Office. 62 Elements and Notes in Criminal Law Book II by RENE CALLANTA 2. the crime of falsification cannot be committed in respect thereto. The crime of falsification must involve a writing that is a document in the legal sense. in his desire to earn something. that the decision has been criticized. Five classes of falsification: (1) Falsification of legislative documents. He cut it out. scraped a digit in a losing sweepstakes ticket. cut out a digit from another ticket and pasted it there to match the series of digits corresponding to the winning sweepstakes ticket. Distinction between falsification and forgery: Falsification is the commission of any of the eight acts mentioned in Article 171 on legislative (only the act of making alteration). Until and unless the writing has attained this quality. it could be seen that it is not genuine. He applied toothache drops on one side of the bill. he removed it and the printing on the twenty-peso bill was reproduced on the mimeo paper. It can only be a consummated forgery if the document which purports to be genuine is given the appearance of a true and genuine document. commercial. it will not be considered as document in the legal sense and. In a case like this. or commercial documents by a private individual. one could easily see that it is a forgery. He took the reverse side of the P20 bill. What he overlooked was that. when he placed the bill. telegraph and telephone messages. therefore. Otherwise. After sometime. or telegraph messages. . it is not possible because by simply looking at the forged document. he removed it and it was reproduced. employee or notary public. But the alteration is so crude that even a child can notice that the supposed digit is merely superimposed on the digit that was scraped. After sometime. Note. (2) Falsification of a document by a public officer. A person has a twenty-peso bill.

Requisites: i. resolution or ordinance enacted or approved or pending approval by the national assembly or any provincial board or municipal council. d. Article 170 FALSIFICATION OF LEGISLATIVE DOCUMENTS  ELEMENTS : a. bear some resemblance. That he takes advantage of his official position. OR NOTARY OR ECCLESTASTICAL MINISTER  ELEMENTS: a. c. b. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them. That there be an intent to imitate. c. 3. The words "municipal council" should include the city council or municipal board – Reyes. true and authentic legislative document. That the alteration has changed the meaning of the document. That he falsifies a document by committing any of the following acts: 1. to each other  (lack of similitude/imitation of a genuine signature will not be a ground for conviction under par. . or notary public. That the offender (any person) alters the same. the crime is not punished under this article but under Article 171 or 172. Counterfeiting or imitating any handwriting. That these be a bill. the genuine and the forged. 63 Elements and Notes in Criminal Law Book II by RENE CALLANTA The term forgery as used in Article 169 refers to the falsification and counterfeiting of treasury or bank notes or any instruments payable to bearer or to order. That the offender is a public officer. That the two signatures or handwritings. spurious or fabricated legislative document. 2) 2.  Accused must not be a public official entrusted with the custody or possession of such document otherwise Art 171 applies . The falsification must be committed on a genuine. Note that forging and falsification are crimes under Forgeries. signature or rubric. 1 but such is not an impediment to conviction under par. or an attempt to imitate ii. If committed on a simulated. EMPLOYEE. Article 171 FALSIFICATION OF DOCUMENTS BY PUBLIC OFFICER. That he has no proper authority therefor. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate. b. employee.

64 Elements and Notes in Criminal Law Book II by RENE CALLANTA Requisites: i. That the alteration/intercalation has changed the meaning of the document iv. That the offender makes in a document statements in a narration of facts ii. 7. not a conclusion of law. Ex. Altering true dates. This kind of falsification may be committed by omission 5. falsification through negligence) or . the date of the document must be material to the right created or to the obligation that is extinguished. Making untruthful statements in a narration of facts. Residence certificates  The person making the narration of facts must be aware of the falsity of the facts narrated by him. Issuing in an authenticated form a document purporting to be a copy of an original document when no such original exists.  Legal obligation means that there is a law requiring the disclosure of the truth of the facts narrated. Requisites: i. That the perversion or truth in the narration of facts was made with the wrongful intent of injuring a third person  There must be a narration of facts. That there be an alteration (change) or intercalation (insertion) on a document ii. That he has a legal obligation to disclose the truth of the facts narrated by him. Making any alteration or intercalation in a genuine document which changes its meaning. That the facts narrated by the offender are absolutely false. That the offender caused it to appear in a document that a person/s participated in an act or a proceeding. or including in such copy a statement contrary to. and iv. That it was made on a genuine document iii. – date must be essential For falsification to take place under this paragraph. that of the genuine original. That the change made the document speak something false. That such person/s did not in fact so participate in the act or proceeding 4. Must be on a material matter For one to be held criminally liable for falsification under paragraph 4. Requisites: i. (required by law to be done) and iii. the untruthful statement must be such as to effect the integrity of the document or to change the effects which it would otherwise produce. (if no knowledge. or different from. and ii. 6.

if her causes the falsification of a document which is not in his official custody or if the falsification committed by him is not related whatsoever to the performance of his duties. handwriting. entries which are not found on contrary to. it is considered a document. It can be a certification purporting to show that the document issued is a copy of the original on record when no such original exists. In case the offender is an ecclesiastical minister. (genuine document) d. if it appears to be genuine.  Not necessary that what is falsified is a genuine or real document. It can also be in the form of a certification to the effect that the document on file contains statements or including in the copy issued. signature or rubric  Feigning – simulating a signature. or official book. 8. Even if the writing was through and through false. A deed or agreement executed by a person setting forth any disposition or condition wherein rights and obligations may arise. the crime of falsification may be committed. registry. The falsification can be done in two ways.  Counterfeiting – imitating any handwriting. the crime of falsification is nevertheless committed. whether the document is genuine or not. 324)  Persons liable – public officer. or rubric out of one of which does not in fact exist It does not require that the writing be genuine. Intercalating any instrument or note relative to the issuance thereof in a protocol. . Even totally false documents may be falsified. Writing may be on anything as long as it is a product of the handwriting. (falsification of documents by a private person) Document: Any written instrument which establishes a right or by which an obligation is extinguished.  So even if the offender is a public officer. Mateo.  There is no crime of attempted or frustrated falsification of public document Alteration or changes to make the document speak the truth do not constitute falsification. It can also refer to a public officer or notary who prepared and retained a copy of the document. employee or notary public or ecclesiastical minister Either he has duty to intervene in the preparation of the document or it may be a situation wherein the public officer has official custody of the document. (2) Official document in the execution of which a public official takes part. or different from the original genuine document on file. a person in authority or notary public has taken part. (US vs. enough that it gives an appearance of a genuine article As long as any of the acts of falsification is committed. 25 Phil. 65 Elements and Notes in Criminal Law Book II by RENE CALLANTA The acts of falsification mentioned in this paragraph are committed by a public officer or by a notary public who takes advantage of his official position as custodian of the document. he will still be liable for falsification but definitely not under this Article but under Article 172. the act of falsification is committed with respect to any record or document of such character that its falsification may affect the civil status of persons. There are four kinds of documents: (1) Public document in the execution of which.

(Sarep vs. whether they be public official or by private individuals. 379) Article 172 FALSIFICATION OF PUBLIC. signature or rubric. Under Republic Act 7975. the Sandiganbayan shall maintain jurisdiction over the person of the co-accused. c. Making untruthful statements in a narration of facts. there must be a law which requires a public officer to issue or to render such document. 2. What is punished under the law is the violation of public faith and the perversion of the truth as solemnly proclaimed by the nature of the document. OFFICIAL. 6. the case against him will fall under the jurisdiction of the Sandiganbayan. If a private person is included in the accusation because of the existence of conspiracy in the commission of the crime. Liability of a private individual in falsification by a public officer when there is conspiracy. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participated.  Under this paragraph. Making any alteration or intercalation in a genuine document which changes its meaning. That the offender is a private individual or a public officer or employee who did not take advantage of his official position. 5. Public document is broader than the term official document. and (4) Private document in the execution of which only private individuals take part. the same liability and penalty shall be imposed on the private individual. Counterfeiting or imitating any handwriting. official or commercial documents. commits a crime in relation to the performance of his official functions. But not all public documents are official documents. If the public officer is found guilty. That he committed any of the acts of falsification enumerated in ART. Altering true dates. Example: A cashier is required to issue an official receipt for the amount he receives. Sandiganbayan) . 20 Phil. To become an official document. 1. 4. 3. damage is not essential. OR COMMERCIAL DOCUMENT BY A PRIVATE INDIVIDUAL (par 1)  ELEMENTS a. That the falsification was committed in any public or official or commercial document. b. (U. The official receipt is a public document which is an official document. 66 Elements and Notes in Criminal Law Book II by RENE CALLANTA (3) Commercial document or any document recognized by the Code of Commerce or any commercial law. when a public officer who holds a position classified as Grade 27 or higher. vs.S. Before a document may be considered official. it must first be a public document. Ponce. it is not necessary that there be present the idea of gain or the intent to injure a third person . 171. notwithstanding the fact that said co-accused is a private individual. it is presumed If the falsification of public. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them.

cash files. except those in paragraph 7 and 8. That the offender committed any of the acts of falsification. hence. That the falsification was committed in any private document (must affect the truth or integrity of the document) c. 67 Elements and Notes in Criminal Law Book II by RENE CALLANTA  Defense: lack of malice or criminal intent  The following writings are public: a. The two offenses can co-exist as they have distinct elements peculiar to their nature as a crime. enumerated in art. Public records kept in the Philippines. In the crime of estafa. airway bills. That the falsification caused damage (essential element. b. 171. official or commercial document. ledgers. It is sufficient that the offender committed or performed the acts of falsification as defined and punished under Article 171. (Lopez vs. b. There is a complex crime of falsification of pubic documents through reckless imprudence. the written acts or records of acts of the sovereign authority of official bodies and tribunals. journals. drafts. The intention is therefore must be malicious or there is deliberate intent to commit a wrong. 146) What is emphasized at this point is the element of falsification of private document.  Examples of commercial documents – warehouse receipts. whether of the Philippines or of a foreign country. damage or intent to cause damage is not an element. letters of credit and other negotiable instruments There is a complex crime of estafa through falsification of public. Paras. bank checks. 172. judicial and executive. what we have is a complex crime defined and punished under Article 48 of the Revised Penal Code. and of the public officers.  Not necessary that the offender profited or hoped to profit from the falsification Falsification of a private document is consummated when such document is actually falsified with the intent to prejudice a third person whether such falsified document is or is not thereafter put to illegal use for which it is intended. deposit slips and bank statements. books.  Falsification is not a continuing offense There is no falsification through reckless imprudence if the document is a private document. no crime of estafa thru falsification of private document) to a third party or at least the falsification was committed with intent to cause such damage. legislative. When the falsification is committed because it is necessary to commit estafa. OF PRIVATE DOCUMENT  ELEMENTS : a.  Cash disbursement vouchers or receipts evidencing payments are not commercial documents  A mere blank form of an official document is not in itself a document  The possessor of falsified document is presumed to be the author of the falsification FALSIFICATION UNDER PARAGRAPH 2 OF ART. Reckless imprudence is incompatible with malicious intent. . There must be intent to cause damage or damage is actually caused. 36 Phil.

estafa can be committed. art. 1) He must have performed in the private document the falsification contemplated under Article 171. Two acts must be done by the offender. One and the same deceit or damage cannot give rise to more than one crime. the latter being resorted only to facilitate estafa.  If the estafa was already consummated at the time of the falsification of a private document was committed for the purpose of concealing the estafa.  A private document may acquire the character of a public document when it becomes part of an official record and is certified by a public officer duly authorized by law  The crime is falsification of public documents even if falsification took place before the private document becomes part of the public records Examples: An employee of a private company who punches the bundy clock on behalf on a co-employee is guilty of falsification of a private document. official or commercial  There is no complex crime of estafa through falsification of a private document because the immediate effect of the latter is the same as that of estafa If a private document is falsified to cause damage to the offended party. Remember that in estafa. IF the estafa can be committed even without resorting to falsification. The third person mentioned herein may include the government. A private document which is falsified to obtain money from offended party is a falsification of private document only. since even without falsification. The same element is necessary to commit the crime of falsification of private document. estafa becomes the consequence of the crime. reputation or good name is included. USE OF FALSIFIED DOCUMENT (par. One who will take the civil service examination for another and makes it appear that he is the examinee is guilty of falsification of a public document. 68 Elements and Notes in Criminal Law Book II by RENE CALLANTA  Falsification by omission Mere falsification of a private document is not enough to commit crime under paragraph 2 of Article 172. Criteria to determine whether the crime is estafa only or falsification only : IF the falsification of the private document was essential in the commission of estafa because the falsification. estafa cannot be committed. the crime is falsification. It is either estafa or falsification. 3. such element cannot be divided into the two parts and considered as two separate offenses. because as regards the falsification of the private document there was no damage or intent to cause damage. falsification is merely incidental. Damage is not limited to money or pecuniary prejudice. Damage to one’s honor.  A document falsified as a necessary means to commit another crime must be public. damage or intent to cause damage is an indispensable element of the crime. the main crime is estafa. the crime committed is falsification of a private document. the falsification is not punishable. Since they have a common element. There is no complex crime of estafa with falsification because deceit is a common element of both. 2) He must have performed an independent act which operates to cause damage or prejudice to a third person. 172) .

AND USE OF SAID FALSIFIED MESSAGES  Acts punishable: 1. That the false document is embraced in art. That he introduced said document in evidence in any judicial proceeding. 171 or in any subdivisions nos. That the offender knew that a document was falsified by another person. That the false document is embraced in art. wireless. 2. 3. the use alone is not a crime. the use alone is not a crime. then we may have a complex crime defined and punished under Article 48 of the Revised Penal Code. But when the falsified document is knowingly introduced in an administrative proceeding. TELEGRAPH. 171 or in any of subdivisions nos. It is a crime when knowingly introduced in a judicial proceeding even if there is not intent to cause damage to another. 69 Elements and Notes in Criminal Law Book II by RENE CALLANTA  ELEMENTS: a. Falsification of document is a separate and distinct offense from that of the use of falsified documents. 2. Rules to observe in the use of a falsified document. 3. 1. 3. if: a. 172. There must be intent to cause damage or damage is actually inflicted. telegraph or telephone message Requisites: . So if the falsification of document was done or performed because it was necessary to the use of the same and in the commission of the crime. That the use of the documents caused damage to another or at least was used with intent to cause such damage. Knowingly introducing a falsified document in a judicial proceeding. Use in any other transaction: 1. That he used such documents (not in judicial proceedings). Introducing in a judicial proceeding: 1. 4. CABLE. 172. the user had the capacity of falsifying the document Falsification of Private Documents Falsification of Public/Official Documents Prejudice to third party is an element of Prejudice to third persons is immaterial. (intent to cause damage not necessary) b. That the offender knew that a document was falsified by another person. Article 173 FALSIFICATION OF WIRELESS. 1 and 2 of art. punished is the violation of public faith and perversion of truth which the document proclaims. The mere introduction of the forged document is the crime itself.  The user of the falsified document is deemed the author of falsification. AND TELEPHONE MESSAGES. the use is so closely connected in time with the falsification b. Uttering fictitious. 1 and 2 of art. 2. Good faith is a defense in falsification of public document. what is the offense.

or telephone message. or a public officer has issued a false certificate of merit or service. or that the use thereof was with intent to cause such prejudice. telegraph. cable or telephone message. b. cable or telephone message. uttering fictitious wireless. or . issued a false certificate (note: such certificate must refer to the illness or injury of a person) b. or telephone message 3. Private individual who falsified a certificate under (1) and (2) Article 175 USING FALSE CERTIFICATES  ELEMENTS: a. telegraph. That the use of the falsified dispatch resulted in the prejudice of a third party. That he used the same. c. That the offender is an officer or employee of the government or an officer or employee of a private corporation. c. good conduct or similar circumstances c. or telephone message 2. or telephone message was falsified by any of the person specified in the first paragraph of art. b. cable. That the offender is an officer or employee of the government or an officer or employee of a private corporation. or . Physician or surgeon who. CERTIFCATES OF MERIT OR SERVICE AND THE LIKE:  Persons liable: a. b. 70 Elements and Notes in Criminal Law Book II by RENE CALLANTA a. That a physician or surgeon has issued a false medical certificate. cable. telegraph or telephone message Requisites: a. 173. Using such falsified message Requisites: a. or similar circumstances. b. That the offender knew that the certificate was false. Falsifying wireless. That the accused knew that wireless. or a private person had falsified any of said certificates. falsifying wireless. or telephone message. telegraph.uttering fictitious wireless.  The public officer. cable.falsifying wireless. That the accused commits any of the following acts: . . in connection with the practice of his profession. good conduct. to be liable must be engaged in the service of sending or receiving wireless. That the accused used such falsified dispatch. telegraph. That the accused commits any of the following acts: . cable. Public officer who issued a false certificate of merit of service. engaged in the service of sending or receiving wireless. engaged in the service of sending or receiving wireless. cable and telegraph or telephone message Article 174 FALSIFICATION OF MEDICAL CERTIFICATES. telegraph. cable.

 In usurpation of official functions: It is essential that the offender should have performed an act pertaining to a person in authority Elements 1. Under pretense of official position. 2. Making or introducing into the Philippines any stamps. Possessing with intent to use the instruments or implements for counterfeiting or falsification made in or introduced into the Philippines by another person  The implement confiscated need not form a complete set  Constructive possession is also punished OTHER FALSITIES Article 177 USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS:  2 ways of committing the crime: a. Offender performs any act. By knowingly and falsely representing oneself to be an officer. agent or representative of any department or agency of the Philippine gov’t or any foreign gov’t. By performing an act pertaining to any person in authority or public officer of the Phil gov’t or foreign gov’t under the pretense of such official position. Elements 1. Not necessary that he performs an act pertaining to a public officer. Offender knowingly and falsely represents himself. 71 Elements and Notes in Criminal Law Book II by RENE CALLANTA Article 176 MANUFACTURING AND POSSESSION OF INTRUMENTS OR IMPLEMENTS FOR FALSIFICATION:  Acts punishable: a. and without being lawfully entitled to do so. dies or marks or other instruments or implements for counterfeiting or falsification b. Without being lawfully entitled to do so. Pertaining to any person in authority or public officer of the Philippine government or any foreign government. agent or representative of any department or agency of the Philippine government or of any foreign government. 4. or any agency thereof.  A public officer may also be an offender .  In usurpation of authority: The mere act of knowingly and falsely representing oneself is sufficient. 2. b. 3. As an officer.

just enough to conceal the name of the offender. the offender presents himself before the public with another name. the deception is done momentarily. to the gov’t b. In concealment of true name. His only motive in doing so is to conceal his identity. c. To cause damage to public interest. 72 Elements and Notes in Criminal Law Book II by RENE CALLANTA  The act performed without being lawfully entitled to do so must pertain: a. all other personal circumstances. and 2. he will not be liable under this article because what is attributed against him as a crime of usurpation is in fact one of the elements of committing rebellion. If the offender commits the acts of usurpation as contemplated herein.  ELEMENTS (concealing true name): a. A person under investigation by the police who gives a false name and false personal circumstances. and he does it because he is a rebel and pursuant to the crime of rebellion or insurrection or sedition. to any person in authority c. upon being interrogated. surname. Signing fictitious name for a passport) The name of a person is what appears in his birth certificate. that the purpose is only to conceal his identity. The name of a person refers to his first name. Any other name which a person publicly applies to himself without authority of law is a fictitious name. to any public office Foreign government adverted to in this article refers to public officers duly authorized to perform governmental duties in the Philippines. To evade the execution of a judgment. b. That the purpose of the offender is – 1. 2. In the use of fictitious name. What the offender does to violate or commit this act is for him to conceal his true name and other personal circumstances. The elements of false pretense is necessary to commit the crime of usurpation of official function. That he uses that fictitious name publicly. is guilty of this crime. or 3. that the offender conceals – 1. b. That the offender uses a name other than his real name. Article 178 USING FICTITIOUS NAME AND CONCEALING TRUE NAME  ELEMENTS (using fictitious name) : a. his true name. To conceal a crime. The law cannot refer to other foreign governments as its application may bring us to legal problems which may infringe on constitutional boundaries. and maternal name. Use of Fictitious Name (178) Concealing True Name (178) Element of publicity must be present Publicity not necessary . (ex.

False testimony in civil case under Article 182. or to cause damage Commonwealth Act No. 3. False testimony. respect. 493. the crime is not committed. uniform or dress pertains to an office not held by the offender or to a class of persons of which he is not a member. Article 179 ILLEGAL USE OF UNIFORM OR INSIGNIA  ELEMENTS: a. Exception: Pseudonym solely for literary. to evade the Purpose is to conceal identity execution of a judgement. It is necessary that the uniform or insignia represents an office which carries authority. an exact imitation of a uniform or dress is unnecessary. That the offender makes use of insignia. 2. Nature of the crime of false testimony. So also. 73 Elements and Notes in Criminal Law Book II by RENE CALLANTA Purpose is to conceal a crime. Article 180 FALSE TESTIMONY AGAINST A DEFENDANT  ELEMENTS: a. cinema. It cannot be committed through reckless imprudence because false testimony requires criminal intent or intent to violate the law is an essential element of the crime. or to deny the same. or such substitute name as may have been authorized by a competent court. defined It is the declaration under oath of a witness in a judicial proceeding which is contrary to what is true. or insignia of a non-existing office or establishment is not a crime. or other entertainment and in athletic events where the use of pseudonym is a normally accepted practice. b. False testimony in criminal cases under Article 180 and 181. radio. That the insignia. 142 (Regulating the Use of Aliases) No person shall use any name different from the one with which he was registered at birth in the office of the local civil registry. uniform or dress is used publicly and improperly. . 2. When the uniform or insignia is used to emphasize the pageantry of a play or drama or in moving picture films. television. That said insignia. or with which he was registered in the bureau of immigration upon entry. False testimony in other cases under Article 183. Three forms of false testimony 1. dignity. no crime is committed. uniform or dress. 1. The wearing of insignia. or to alter essentially the truth. or influence which the public looks up to. a colorable resemblance calculated to deceive the common run of people is sufficient. c. If the false testimony is due to honest mistake or error or there was good faith in making the false testimony. That there be a criminal proceeding. badge or emblem of rank of the members of the armed forced of the Philippines or constabulary (now PNP) is punished by Republic Act No. The wearing of a uniform.

The false testimony need not influence the acquittal  A defendant who voluntarily goes up on the witness stand and falsely imputes the offense to another person the commission of the offense is liable under this article. That the testimony must be given in a civil case. A person gives false testimony. 3. But whether the testimony is credible or not or whether it is appreciated or not in the context that the false witness wanted it to be. since it is punished not because of the effect it produces. That the defendant against whom the false testimony is given is either acquitted or convicted in a final judgment (prescriptive period starts at this point)  Requires criminal intent.  Basis of penalty: gravity of the felony charged against the defendant Article 182 FALSE TESTIMONY IN CIVIL CASES  ELEMENTS: a. can’t be committed through negligence. . (People vs. It may not be considered at all by the judge. If he merely denies the commission of the offense. but because of its tendency to favor the accused. 74 Elements and Notes in Criminal Law Book II by RENE CALLANTA b. That the offender who gives false testimony knows that it is false. c.  False testimony by negative statement is in favor of the defendant  False testimony need not in fact benefit the defendant  A statement of a mere opinion is not punishable  Conviction or acquittal is not necessary (final judgement is not necessary). 2. d. Reyes)  Penalty is dependent upon sentence imposed on the defendant Article 181 FALSE TESTIMONY IN FAVOR OF DEFENDANT in a criminal case: Elements: 1. That the offender testifies falsely under oath against the defendant therein. he is not liable. Need not impute guilt upon the accused  The defendant must at least be sentenced to a correctional penalty or a fine or must have been acquitted  The witness who gave false testimony is liable even if the court did not consider his testimony The probative value of the testimonial evidence is subject to the rules of evidence. the crime of false testimony is still committed. In favor of the defendant. In a criminal case.

The same must be established or proved from sources other than the two contradictory statements. b. That the sworn statement or affidavit containing the falsity is required by law. 3. 1. That the testimony must be false. c. That in that statement or affidavit. 3. 4. immaterial whether statement or testimony 4. Non-judicial proceedings. by falsely testifying under oath b. Given in a judicial proceeding. 902)  A matter is material when it is directed to prove a fact in issue The test of materiality is whether a false statement can influence the court (People vs. c. Bnazil). by making a false statement  Subornation of perjury: procures another to swear falsely. That the false testimony must be given by the defendant knowing the same to be false. 75 Elements and Notes in Criminal Law Book II by RENE CALLANTA b. Amount involved in civil cases is material. 40 Phil. There must be evidence to show which is false. It is always material in criminal cases.  2 ways of committing perjury: a. Capistrano. That the testimony must relate to the issues presented in said case. 2. . e. the accused made a willful and deliberate assertion of a falsehood. (People vs. Statement or testimony is required by law. 2. and d. is favorable or not to the accused. the crime is perjury)  Basis of penalty: amount involved in the civil case Distinctions between perjury and false testimony: PERJURY FALSE TESTIMONY 1. That the statement or affidavit was made before a competent officer. Article183 FALSE TESTIMONY IN OTHER CASES AND PERJURY IN SOLEMN AFFIRMATION ELEMENTS: a. Testimony need not be required by law. That an accused made a statement under oath or made an affidavit upon a material matter. authorized to receive and administer oath.  Solemn affirmation: refers to non-judicial proceedings and affidavits  A false affidavit to a criminal complaint may give rise to perjury Two contradictory sworn statements are not sufficient to convict the affiant for the crime of perjury. d. That the testimony must be malicious and given with an intent to affect the issues presented in the said case  Not applicable when testimony given in a special proceeding (in this case. Amount involved is not material.

there is no Perjury considering the phrases “oath in cases in which the law so requires” in Article 183. In perjury. it is not required that the offender asserts a falsehood on a material matter. the crime committed is perjury.  The false testimony is not in a judicial proceeding False testimony vs. as long as it is made for a legal purpose. Material matter means the main fact which is the subject or object of the inquiry.I. the crime committed is false testimony. which is the willful and corrupt assertion of a falsehood. c That the offer was made in a judicial or official proceeding. The affidavit or sworn statement must be required by law like affidavit of adverse claim to protect one’s interest on real property. there is no perjury committed through reckless imprudence or simple negligence under Article 365. So if the affidavit was made but the same is not required by law. Since admittedly perjury can only be committed by means of dolo. . Perjury When one testifies falsely before the court. or an affidavit of good moral character to take the bar examination . People. it is sufficient If there is no requirement of law to place the statement or testimony under oath. It is enough that he testifies falsely with deliberate intent. 76 Elements and Notes in Criminal Law Book II by RENE CALLANTA  A “competent person authorized to administer an oath” means a person who has a right to inquire into the questions presented to him upon matters under his jurisdiction There is no perjury if the accused signed and swore the statement before a person not authorized to administer oath (People vs. 191 SCRA 86)  Perjury is an offense which covers false oaths other than those taken in the course of judicial proceedings  False testimony before the justice of the peace during the P. Article 184 OFFERING FALSE TESTIMONY IN EVIDENCE  ELEMENTS: a That the offender offered in evidence a false witness or false testimony.  There is no perjury through negligence or imprudence since the assertion of falsehood must be willful and deliberate Because of the nature of perjury. the crime of perjury is not committed. In false testimony.  Even if there is no law requiring the statement to be made under oath. If one testifies falsely in a non-judicial proceeding. b That he knew the witness or the testimony was false. then good faith or lack of malice is a good defense when one is indicted for the crime of perjury. Bella David). even if the allegations are false. may give rise to the crime of perjury because false testimony in judicial proceedings contemplates an actual trial where a judgment of conviction or acquittal is rendered  A person who knowingly and willfully procures another to swear falsely commits subornation of perjury and the witness suborned does testify under circumstances rendering him guilty of perjury. the witness must testify or assert a fact on a material matter with a full knowledge that the information given is essentially contrary to the truth. (Diaz vs.

It is for this reason that subornation of perjury is no longer treated as a specific felony with a separate article of its own. The proceedings is either judicial or official. testifies falsely. So if the offeror. Article 184 will not apply. aside from being such. (People vs. b That the accused solicited any gift or a promise from any of the bidders. d That the accused had the intent to cause the reduction of the price of the thing auctioned. 365) FRAUDS Article 185 MACHINATIONS IN PUBLIC AUCTION  ELEMENTS: a That there be a public auction. Article 186 MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE:  Acts punished: a. it is a crime defined and punished under the Revised Penal Code. the person offering the false testimony must have nothing to do in the making of the false testimony. Combination to prevent free competition in the market . 182. c That such gifts or promise was the consideration for his refraining from taking part in that public auction. There is a formal offer of testimonial evidence in the proceedings. promises. The offender in this article knows that the witness to be presented is a false witness or that the witness will lie while testifying. or 183 as the case may be. knowing the testimony is given by the witness to be false. The mere offer is sufficient. Padol. Nevertheless. 66 Phil. nevertheless offers the same in evidence. The crime committed by one who induces another to testify falsely and the person who agrees and in conspiracy with the inducer. is perjury.  ELEMENTS OF ATTEMPTING TO CAUSE BIDDERS TO STAY AWAY: a That there be a public auction. b That the accused attempted to cause the bidders to stay away from that public auction c That it was done by threats. or any other artifice. gifts. In this case. d That the accused had the intent to cause the reduction of the price of the thing auctioned. 181. The offenders in this case will be charged with perjury. The applicable article will be Article 180. the inducer as principal by inducement and the induced party as the principal by direct participation. The witness is able to testify and the offender. is also the person responsible in inducing or convincing the false witness to lie. He knows that the witness is false and yet he asks him to testify and thereafter offers the testimony in evidence. 77 Elements and Notes in Criminal Law Book II by RENE CALLANTA  The false witness need not be convicted of false testimony.

Combines. b. importer  Crime is committed by: a. 2. produced. combining b. in restraint of trade or commerce or prevent by artificial means free competition in the market (It is enough that initial steps are taken. producer. By monopolizing any merchandise or object of trade or commerce. Manufacturer. conspires or agrees with any person. processed. Manufacturer. 2.  Person/s liable: a. assembled or imported into the Phil . Monopoly to restrain free competition in the market Elements 1. manufacturer b. Entering into any contract or agreement or taking part in any conspiracy or combination in the form of a trust or otherwise. Elements 1. processor or importer of any merchandise or object of commerce. To restrain free competition in the market d. produced. processor d. assembled or imported into the Philippines. producer c. agreeing with another person  The purpose is: a. In restraint of trade or commerce or to prevent by artificial means free competition in the market. It is not necessary that there be actual restraint of trade) c. processed. 78 Elements and Notes in Criminal Law Book II by RENE CALLANTA Elements 1. Purpose is to make transactions prejudicial to lawful commerce or to increase the market price of any merchandise or object of commerce manufactured. 2. conspiring or agreeing with any person to make transactions prejudicial to lawful commerce or to increase the market price of the merchandise. to make transactions prejudicial to lawful commerce b. In order to alter the prices thereof by spreading false rumors or making use of any other artifice. producer or processor or importer combining. 3. to increase the market price of any merchandise or object of commerce manufactured. 3. By entering into a contract or agreement or taking part in any conspiracy or combination in the form of a trust or otherwise. conspiring c. or by combining with any other person or persons to monopolize said merchandise or object.

TRADENAME. by altering the label. which the offender. knowing the fraudulent purpose for which it is to be used. t/m or service mark of one person. knowing that the t/n or t/m has been fraudulently used c By using or substituting the service mark of some other person.  If a particular person is defrauded by the offender. brands. it must be shown that the seller knows that the merchandise is misbranded. or a colorable limitation thereof. are made to appear as imported articles and sold to a particular person. it is important to establish that the offender knows the fact that the imported merchandise fails to indicate the actual fineness or quality of the precious metal. What the law punishes herein is the selling of misbranded goods made of gold. If the importer has no expertise on the matter such that he has no way of knowing how the fraud was committed. food substance b. c That the offender knows that the said stamp. the crime committed is undoubtedly estafa as far as the particular person is concerned. silver and other precious metals. for the t/n or t/m of the real manufacturer or dealer upon any article of commerce and (b) selling the same. sells or disposes of any of those articles or merchandise. SILVER. 79 Elements and Notes in Criminal Law Book II by RENE CALLANTA  Also liable as principals: a. director/manager – who willingly permitted or failed to prevent commission of above offense  Aggravated if items are: a. b That the stamps. agent/representative c. b By selling or by offering for sale such article of commerce. corporation/association b. Therefore. But if the falsely mislabeled goods are displayed in a store and offered for sale to the . motor fuel or lubricants c. goods of prime necessity Article 187 IMPORTATION AND DISPOSITION OF FALSELY MARKED ARTICLES OR MERCHANDISE MADE OF GOLD. as in the case of locally manufactured goods. or marks or those articles or merchandise fails to indicate the actual fineness or quality of said metals or alloys. Article 188 SUBSTITUTING – ALTERING TRADE-MARK. dishonesty is an essential element of the crime. To be criminally liable. OR SERVICE MARK  Acts punishable: a By (a) substituting the trade name (t/n) or trademark (t/m) of some other manufacturer or dealer or a colorable imitation thereof. to enable another person to fraudulently use the same. the existence of such fact may be seriously considered as a defense. lithographing or reproducing t/n. Hence. or mark fails to indicate the actual fineness or quality of the metals or alloys. OR OTHER PRECIOUS METALS OR THEIR ALLOYS  ELEMENTS: a That the offender imports. or a colorable imitation of such marks. brand. in the sale or advertising of services d By printing.

or in the (b) wrapping of their packages. 80 Elements and Notes in Criminal Law Book II by RENE CALLANTA public in general. TRADEMARK SERVICE MARK. 221) For unfair competition to take place. . t/m or service mark. and (b) selling such goods or services c Fraudulent registration by procuring fraudulently from the patent office the registration of t/m. it must be the manufacturer of the goods who will cloth or label his goods with the trade name or trademark of another manufacturer.S. paragraph 2. he profits from the goodwill of another. or in (d) any other feature of their appearance c That the offender offers to sell or sells those goods or gives other persons a chance or opportunity to do the same with a like purpose. The imitator is also a manufacturer of the same kind of product but of inferior quality. The mere offer for sale to the public consummates the crime. d That there is actual intent to deceive the public or defraud a competitor. or any false description or representation. the crime committed is punished under Article 188. FRAUDULENT DESIGNATION OF ORIGIN. So. unfair competition is defined as follows: It consists in employing deception or any other means contrary to good faith by which any person shall pass off the goods manufactured by him or in which he deals. or his business. If the fraud is employed against the public. if the deception is isolated and is confined to a particular person or group of persons. or services for those of the one having established goodwill. false description by (a) affixing to his goods or using in connection with his services a false designation of origin. Section 29. or in the (c) device or words therein. giving them the general appearance of the goods of another manufacturer or dealer b Fraudulent designation of origin. (U.  Must not be another manufacturer otherwise unfair competition Take note that after making the substitution the goods are displayed in the store or market for sale. FRAUDULENT REGISTRATION OF TRADENAME. Article 188 is violated. or committing any acts calculated to produce such result. Manuel. estafa is committed .  ELEMENTS: a That the offender gives his goods the general appearance of the goods of another manufacturer or dealer b That the general appearance is shown in the (a) goods themselves. The pendency of the administrative aspect of the case is not a prejudicial question in the resolution of the criminal case. vs. The true test of unfair competition is whether certain goods have been clothed with an appearance which is likely to deceive the ordinary purchaser exercising ordinary care. Article 189 UNFAIR COMPETITION. Under Republic Act No. Article 188 is already committed even if no customer comes to buy any of the goods on display. By labeling his product with the trademark or trade name of said manufacturer. 166. who has established a good name or good will in the mind of the public because of the quality of the merchandise manufactured by him. 7 Phil. AND FALSE DESCRIPTION  Acts punished: a Unfair competition by selling his goods.

the offender gives his goods the general appearance of the goods of another manufacturer and sells the same to the public.000 to 10 million regardless of the Quantity and purity involved ( includes BROKER ) . manufacture of prohibited drugs f. delivery. administration. 54 Phil. or in the immediate vicinity of an innocent individual for the purpose of implicating. In infringement of trade name or trademark. the offender uses the trade name or trademark of another in selling his goods. house. (E. P D E A – Philippine Drug Enforcement Unit  Importation of prohibited/regulated drugs. 81 Elements and Notes in Criminal Law Book II by RENE CALLANTA If the labeling or clothing of the goods is not done by another manufacturer . the offended party has a peculiar symbol or mark on his goods which is considered a property right which must therefore be protected. the offended party has identified in the mind of the public the goods he manufactures to distinguish it from the goods of the other manufacturers. PLANTING OF EVIDENCE – the willful act by any person of maliciously and surreptitiously inserting. unnecessary prescription j. maintenance of a den. 9165) I. dive or resort for prohibited drug users d. New Hesslein Corp. effects. incriminating or imputing the commission of any violation of this Act. sale. administration. Acts Punishable: a. of regulated drugs DRUG SYNDICATE – any organized group of two(2) or more persons forming or joining together with the intention of committing any offense prescribed under the act.. In unfair competition. distribution and transportation of prohibited drugs c. Spinner & Co. placing. possession or use g. adding or attaching directly or indirectly. through any overt or covert act. 224) TITLE FIVE CRIMES RELATED TO OPIUM AND OTHER PROHIBITED DRUGS (190-194) COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 (RA No. vs. distribution and transaction of prohibited/regulated drugs. PENALTY : Life to death & fine of 500. Importation.000 to 10 million regardless of the Quantity and purity involved MAXIMUM PENALTY : 1) Use of diplomatic Passport 2) Financier  Sale. possession of opium pipe and other paraphernalia k. importation of prohibited drugs b. . being employees or visitors of drug den e. the crime committed is not unfair competition but substitution of trademark or trade name under Article 188. delivery. In infringement of trade name or trademark. failure to comply with provisions relative to keeping of records of prescription i. etc. whatever quantity of any dangerous drug and/or controlled precursor and essential chemical in the person.NOT BAILABLE PENALTY : Life to death & fine of 500. sale. When the honorable Supreme Court declared that unfair competition is broader and more inclusive than infringement of trade name or trademark. while in unfair competition. cultivation of plants h.

If apprehended using any dangerous drug act for the second time.  Possession of prohibited/regulated drugs. 20 years to Life and a fine of 400. heroine.000 to 10 million 10 gms. subject to the provisions of Article VIII of this Act. 82 Elements and Notes in Criminal Law Book II by RENE CALLANTA Qualifying Circumstances – 1) if the victim of the offense is a minor or should a prohibited/regulated drug involve in any offense under this section be the proximate cause of the death of a victim thereof. Life Imprisonment and a fine of P400.000. Penalty . cocaine. Of any dangerous drugs  Possession of paraphernalia 6 mos.000.00-P500. ** Property escheated in favor of the government Qualifying Circumstance – where a prohibited/regulated drug is administered.00 Less than 5 gms. or should a prohibited drug be the proximate cause of the death of the person using the same in such den. Shabu c.00 10-50 gms. or sold to a minor who is allowed to use the same in such place. Life to death & fine of 500.  Manufacture of prohibited/regulated drugs.000. the maximum penalty herein shall be imposed. Provided. Shabu d.00).000. .000.000.00 to P10 Million a Note: The land/portions thereof and/or greenhouses in which any of the said plants is cultivated or cultured shall be confiscated and escheated to the State.  Cultivation of plants which are sources of prohibited drugs.Life to death and a fine of P500. 12 – 20 years and a fine of 300. after a confirmatory test. dive. PENALTY : a. & fine of 10. the maximum of the penalty shall be imposed. unless the owner thereof can prove that he did not know of such cultivation or culture despite the exercise of due diligence on his part. delivered.000.000. dive or resort.000 – 50. marijuana resin and Ecstasy. he/she shall suffer the penalty of imprisonment ranging from six (6) years and one (1) day to twelve(12) years and a fine ranging from Fifty thousand pesos (P50.00 5-10 gms. Shabu 500 gms. – 4 yrs. That this section shall not be applicable where the person tested is also found to have in his/her possession such quantity of any dangerous drug provided for under Section 11 of this Act. Opium. morphine.000 Use of Dangerous Drugs – A person apprehended or arrested. shall be imposed a penalty of a minimum of six (6) months rehabilitation in a government center for the first offense. Marijuana b. who is found to be positive for use of any dangerous drug. in which case the provisions stated therein shall apply.00) to Two hundred thousand pesos (P200.00-400. or resort for prohibited/regulated drug users. 50 gms.00-500. 2) Financier 3) Sale made within 100m from school  Maintenance of a den.000.

seized and/or surrendered dangerous drugs PDEA in charge and custody for proper disposition Procedure in Disposal 1. the Court shall immediately schedule a hearing for the confiscation and forfeiture of all the proceeds of the offense and all the assets and properties of the accused either owned or held by him or in the name of some other persons if the same shall be found to be manifestly out of proportion of his/her income. the proper court shall conduct and ocular inspection within 72 hours of the confiscated. P rovided. Distributor. seized and/or surrendered dangerous drugs. Within 24 hours upon confiscation/seizure of dangerous drugs. acquisitions and/or deliveries of prohibited/regulated drugs Persons liable: Pharmacist. Dentist.000 plus revocation of license Persons Liable: Physician or dentist who shall prescribe any prohibited/regulated drug for any person whose physical/physiological condition does not require the use of thereof. 2. 2. Dealer. including the properties of the proceeds derived from the illegal trafficking of dangerous drugs. Confiscation and forfeiture of the proceeds or instruments of the unlawful act. Veterinarian. 83 Elements and Notes in Criminal Law Book II by RENE CALLANTA b Qualifying Circumstance – 1. a representative of the media and DOJ and any elected public official who shall sign the copies of the inventory.000 to P500. the maximum of the penalty herein provided shall be imposed. Manufacturer. Custody and disposition of confiscated. Maximum penalty imposed on financier  Failure to keep records of prescription. or income derived therefrom. 3. sales. alienated or transferred and the same shall be in custodia legis and no bond shall be admitted for the release of the same. Physician. After the filing of the criminal case. which may be confiscated and forfeited. shall be disposed. purchases. Apprehending team immediately after seizure shall make physical inventory and photograph the seized drugs in the presence of the accused or his counsel. the same shall be auctioned off not later than five (5) days upon order of confiscation or forfeiture. such drug shall be submitted to the PDEA forensic laboratory for a qualitative and quantitative examination. Certification of the forensic examination results shall be issued within 24 hours. During the pendency of the case in the Regional Trial Court. no property. 4.000 to P10 Million  Unnecessary prescription of prohibited/regulated drugs Penalty – 12 to 20 years and fine of P100. Importer. Wholesaler. That if the forfeited property is a vehicle. however. If the land involved is part of the public domain. . Retailer  Unlawful prescription of prohibited/regulated drugs Penalty – life to death and a fine of P500. Forfeited infavor of the government After the conviction in the Regional Trial Court in the appropriate criminal case filed.

vessel.  Attempt and conspiracy to commit the following offenses: a Importation of dangerous drugs b Sale. association or judicial entity to which they are affiliated. b Partner. administration. president. PDEA shall destroy or burn the confiscated. administering.00 to P10 Million in addition to absolute perpetual disqualification from any public office. association or any judicial person. or aircraft as an instrument in the importation. director. vessel. or manager who consents to or knowingly tolerates such violation shall be held criminally liable as co-principal. seized and/or surrendered dangerous drugs Penalty . or otherwise using opium or any other prohibited drug. delivery. Criminal liability of a public officer or employee for misappropriation. distribution or transportation of dangerous drugs. or to the use of their equipment. officer or stockholder. After ocular inspection by the court. Qualifying Aggravating Circumstance A positive finding for the use of dangerous drugs shall be a qualifying aggravating circumstance in the commission of a crime by an offender and the application of the penalty provided for in the RPC. equipment. dive or resort for prohibited drugs d Manufacture of dangerous drugs e Cultivation or culture of plants which are sources of prohibited drugs  Other persons liable: a If the violation of the Act is committed by a partnership. aircraft. corporation.000. or other instrument. manager. if such vehicle. 84 Elements and Notes in Criminal Law Book II by RENE CALLANTA 5. sale. machines or other instruments in the manufacture of any dangerous drugs. Probation Law Any person convicted for drug trafficking regardless of the penalty imposed cannot avail of the privilege granted by the probation law. representative of the media and the DOJ. director. delivery. injecting. administered to himself. ingesting. Plea-Bargaining Any person charged under any commission of this act regardless of the imposable penalty shall not be allowed to avail of the provision on plea-bargaining. is owned or under the control and supervision of the partnership. .life to death and a fine of P500. corporation. misapplication or failure to account for the confiscated. tolerates. the partner. equipment. consumed. president. PDEA shall issue a certification of such destruction and samples of the dangerous drugs shall be submitted to the court.  Possession of opium pipe. distribution and transportation of dangerous drugs c Maintenance of a den. shall be prima facie evidence that the possessor has smoked. seized and/or surrendered dangerous drugs within 24 hours in the presence of the accused or his counsel. who knowingly authorizes. consuming. apparatus or any paraphernalia fit or intended for smoking. civil society groups and any elected public officer. 6. or consents to the use of a vehicle. injected or used a prohibited drug.

All candidates for public office whether appointed or elected both in the national or local government shall undergo a mandatory drug test. police and other law enforcement agencies – annual mandatory 6. shall suffer the penalty of death. are vested with the power to apprehend.mandatory 3. . Students of secondary and tertiary schools – random (school shall shoulder expenses) 4. all school heads. Applicants for firearms license and for permit to carry .00 to P500. in turn. Officers and employees of private and public offices – random (employer shall shoulder expenses) Any officer or employee found positive for use of dangerous drug shall be dealt with administratively which shall be a ground for suspension or termination subject to Art. Applicants for driver’s license . a. as such. 5. Drug Testing 1. constitute sufficient cause for disciplinary action. b. arrest. or beyond such immediate vicinity if they are in attendance in any school or class function in their official capacity as school heads. Failure to report in either case shall. Planting of Evidence Any person who is found guilty of planting any dangerous drug regardless of the quantity and purity. 282 of the Labor Code and pertinent provisions of the Civil Service Law. shall be removed from office and perpetually disqualified from holding any elective or appointive positions in the government. For the purpose of enforcing the provisions of this Act. NOTE: They shall be considered as persons in authority if they are in the school or within its immediate vicinity.000. Officers and members of the military. after hearing.000. supervisors or teachers. supervisors and teachers shall be deemed to be persons in authority and.00 Additional penalty – revocation of license to practice and closure of the drug testing center II. 85 Elements and Notes in Criminal Law Book II by RENE CALLANTA Any elective local or national official found to have benefited from the proceeds of the trafficking of dangerous drugs or have received any financial or material contributions from persons found guilty of drug trafficking dangerous drugs. or cause the apprehension or arrest of any person who shall violate any of the said provision. report the matter to the proper authorities.mandatory 2. Any teacher or school employee who discovers or finds that any person in the school or within its immediate vicinity is violating this Act shall have the duty to report the violation to the school head or supervisor who shall. Issuance of False or fraudulent drug test results (whether willfully or through gross negligence) Penalty – 6 to 12 years and fine P100. All persons charged before the prosecutor’s office with a criminal offense having an impossible penalty of imprisonment of not less than six (6) years and one (1) day shall have to undergo a mandatory drug test 7.

the Court shall issue an order for recommitment if the drug dependent does not resubmit himself for confinement or if he is not surrendered for recommitment. If accused is a minor (under 18 years of age at the time of the commission of the offense but not more than 21 years of age when the judgement should have been promulgated. (Applicable only to those liable for use of dangerous drugs and not to possession and sale) b. f. NOTE: When the offense is use of dangerous drugs and the accused is not a recidivist. If a person charged with an offense is found by the fiscal or by the Court at any stage of the proceedings. treatment and rehabilitation by the drug dependent himself or through his parent. Compulsory submission If a person charged with an offense where the imposable penalty is imprisonment of not . of his parent guardian or relative may. case shall be dismissed upon expiration of the designated period. guardian or relative within the 4 th civil degree of consanguinity or affinity. court shall pronounce judgment of conviction and he shall serve sentence. h. In case of conviction. he shall be prosecuted for such violation. 86 Elements and Notes in Criminal Law Book II by RENE CALLANTA III. After his rehabilitation. he shall no longer be exempt from criminal liability for the use or possession of any dangerous drug. Voluntary submission of a drug dependent to confinement. indicate that he shall be given full credit for the period he was confined in the center.  In case of violation of conditions of pardon. subsequent to such recommitment. e. the penalty thereof shall be deemed to have been served in the center upon his release therefrom. he may submit himself for confinement within 1 week from the date of his escape.  Sentence shall be deferred and the accused shall be placed on probation under the supervision of the Board. The period of prescription of the offense charged shall not run during the time that the respondent/accused is under detention or confinement in a center. to be a drug dependent. If. Rules regarding rehabilitation of drug dependents Voluntary submission a. Upon application of the Board. if the accused is certified by the treatment and rehabilitation center to have maintained good behavior. d. Should the drug dependent escape from the center. shall suspend all further proceedings and transmit records of the case to the Board. the judgement shall. he should escape again. within the same period surrender him for confinement. in a center and compliance with such conditions therefor as the Dangerous Drugs Board may prescribe shall exempt from criminal liability for possession or use of the prohibited/regulated drug. the fiscal or court as the case may be. c. 2. He has not been previously convicted of violating any provision of this Act or of the RPC or placed on probation. g. Requisites of suspension of sentence for first offense in a minor: 1.  If accused did not violate conditions of probation.

However. fails or refuses intentionally or negligently. to be a drug dependent. in addition to the administrative liability he/she may be meted out by his/her immediate superior and/or appropriate body. 87 Elements and Notes in Criminal Law Book II by RENE CALLANTA more than six (6) years and one (1) day. perpetual absolute disqualification from public office if despite due notice to them and to the witness concerned. to appear as a witness for the prosecution in any proceedings. inexcusable neglect.00 but not more than P50.000 and in addition. When the preliminary investigation is conducted by a public prosecutor and a probable cause is established. Responsibility and Liability of Law Enforcement Agencies and Other Government Officials and Employees Testifying as Prosecution Witnesses in Dangerous Drugs Cases – Any member of law enforcement agencies or any other government official and employees who. If the preliminary investigation is conducted by a judge and a probable cause is found to exist.00. after due notice.00 but not more than P50. at any stage of the proceedings.000. The number of court designated in each judicial region shall be based on population and the number of cases pending in their respective jurisdiction.00 and in addition. unreasonable delay or deliberately causes the unsuccessful prosecution and/or . without any valid reason. . who. the concerned member of the law enforcement agency or government employee may be transferred or re-assigned for compelling reasons. Jurisdiction Over Dangerous Drug Cases Section 90. shall be punished with imprisonment of not less than twelve (12) years and one (1) day to 20 years and a fine of not less than P500. shall suspend all further proceedings and transmit copies of the record of the case to the Board. should he/she fail to notify the court of such order to transfer or re- assign. Section 91. The immediate superior of a member of the law enforcement agency or any other government employee mentioned in the preceding paragraph shall be penalized with imprisonment of not less than two (2) months and one (1) day but not more than six (6) years and a fine of not less than P10.000. perpetual absolute disqualification from public office. through patent laxity. within 24 hours from its approval.000. the corresponding information shall be filed in court within 24 hours from the termination of the investigation. Section 92. the former does not exert reasonable effort to present the latter to the court. Delay and Bungling in the Prosecution of Drug Cases. involving violations of this Act. The DOJ shall designate special prosecutors to exclusively handle cases involving violations of this Act. Prosecution and punishment under this Section shall be without prejudice to any liability for violation of any existing law. Provided. Provided further. Jurisdiction – The Supreme Court shall designate special courts from among the existing Regional Trial Court in each judicial region to exclusively try and hear cases involving violations of this Act.Any government officer or employee tasked with the prosecution of drug-related cases under this Act. That his/her immediate superior shall notify the court where the case is pending of the order of transfer or re-assign. and is found by the prosecutor or by the court. the corresponding information shall be filed by the proper prosecutor within 48 hours from the receipt of the records of the case. The member of the law enforcement agency or any other government employee mentioned in the preceding paragraphs shall not be transferred or re-assigned to any other territorial jurisdiction during the pendency of the case in court. The preliminary investigation of cases filed under this Act shall be terminated within a period of thirty (30) days from the date of their filing. the prosecutor of the court as the case may be. That his/her immediate superior shall be penalized with imprisonment of not less than two (2) months and one (1) day but not less than six (6) years and a fine of not less than P10.000.

Alberto) – not necessary to have prior police surveillance (P v. P v. P v. But the moment the fact of sale or delivery is proved by prosecution. Abedes) b Absence of ultraviolet powder is not fatal in the prosecution c Transportation/importation of MJ – immaterial whether there may or may not be a distinction for the MJ d Distinguish Entrapment and Instigation: 1. If prosecution can prove the crime without presenting the informer or asset – not necessary because their testimonies are merely corroborative. Under the RA. Romeo Macara) h Separate crimes – sale/possession of MJ found in his possession after he was frisked but he can’t be convicted for possession of MJ that he sold i If victim is minor or drug is proximate cause of death – max penalty is imposed 1. Aranda) 4. Rosalinda Ramos) 2. Hilario Moscaling – court may take judicial notice of the word “shabu” 6. a Buy Bust Operation – no law or rule to require policemen to adopt a uniform way of identifying BUY MONEY (P v. First offense of a minor – suspension of sentence CONDITIONS:  under 18 at time of commission but not more than 21 at time when judgment was promulgated  found guilty of possession or use of prohibited or regulated drugs  not been previously convicted of violating any provision of this Act or the RPC . Poseur buyer – it depends on whether the prosecution can prove the crime without their testimonies (P v. Carlos Franca) g Possession – constructive or actual – not necessary to adduce the marked money as evidence (P v. Delivery or Sale of Prohibited Drugs – the accused must be aware that what he is selling or delivering was prohibited drug. 88 Elements and Notes in Criminal Law Book II by RENE CALLANTA dismissal ranging from 12 years and 1 day to 20 years without prejudice to his/her prosecution under the pertinent provisions of the Revised Penal Code. e Planting evidence – to implicate another f Buy Bust Operation – form of entrapment (P v. special aggravating circumstance if a crime has been committed while the accused was high on drugs (P v. the burden to prove that the accused is not aware that drugs are prohibited falls on the defense (P v. Criminal liabilities of a policeman who sold the drugs confiscated from a pusher: violation of RA 9165 and malversation under RPC. Angelito Manalo – burden of proving the authority to possess shabu is a matter of defense 5. Anthony Belgar) 3.

Betting in sport contests (Art. place on probation for 6 months to 1 year  violation of probation – pronounce sentence – convict and serve sentence  no violation – discharge him and dismiss the proceeding  if minor is drug dependent – commit to a center for treatment and rehabilitation TITLE SIX CRIMES AGAINST PUBLIC MORALS Crimes against public morals Gambling (Art. articles of value. and Vagrancy and prostitution (Art. dog races. Immoral doctrines. 197). 199). . Knowingly permitting any form of gambling to be carried on in any place owned or controlled by the offender. paper. What Acts Are Punishable in Gambling Acts punished 1. 198). or b. the exploitation or use of any other mechanical invention or contrivance to determine by chance the loser or winner of money or any object or representative of value. or wherein wagers consisting of money. 201). 195). jueteng. 3. or banker in a game of jueteng or similar game. 4. Illegal cockfighting (Art. or percentage game. Taking part directly or indirectly in – a. or other matter containing letters. Being maintainer. Illegal betting on horse races (Art. obscene publications and exhibitions (Art. any game of monte. banking. 89 Elements and Notes in Criminal Law Book II by RENE CALLANTA  not been placed on probation  defer sentence. 2. policy. or any other form of lottery. Importation. figures. 196). or representative of value are made. Grave scandal (Art. 202). signs or symbol which pertain to or are in any manner used in the game of jueteng or any similar game. sale and possession of lottery tickets or advertisements (Art. Knowingly and without lawful purpose possessing lottery list. or any other game or scheme the results of which depend wholly or chiefly upon chance or hazard. 200). conductor. Article 195.

races and other sports contests. GAME-FIXING OR POINT-SHAVING AND MACHINATIONS IN SPORTS CONTESTS PD 483  Acts Punishable: a. if the game has been identified and declared as a form of gambling by express provision of law. or 2. a valuable consideration for a chance to obtain a prize. if the game depends wholly upon skill or ability of the players. Significantly. SALE AND POSSESSION OF LOTTERY TICKETS OR ADVERTISEMENTS Acts punished 1. there will be no need or requirement to go into the methods upon how the game is played. Article 197. Game-fixing or Point- shaving and Machinations in Sport Contests): PENALIZING BETTING. there is no gambling. Importing into the Philippines from any foreign place or port any lottery ticket or advertisement. 3. there is no lottery. BETTING IN SPORT CONTESTS This article has been repealed by Presidential Decree No. 90 Elements and Notes in Criminal Law Book II by RENE CALLANTA What is gambling? It is a game or device or method. 27 SCRA 287) Article 196. . 80) Pinball machines or slot machines are considered gambling devices because the result depends upon chance or hazard. or 4. IMPORTATION. Possessing. Selling or distributing the same in connivance with the importer. 30 Phil. Betting: Betting money or any object or article of value of representative value upon the result of any game. Note that possession of any lottery ticket or advertisement is prima facie evidence of an intent to sell. or agreed to pay. The manner of determining whether the game played is prohibited or not is whether the result will depend wholly or chiefly upon chance or hazard. What is lottery? It is a scheme for the distribution of prizes by chance among persons who have paid. 483 (Betting. Filart. knowingly and with intent to use them. If the prizes do not come out of the funds or contributions of the participants. Selling or distributing the same without connivance with the importer of the same. the result of which depends wholly or chiefly upon chance or hazard. Palomar. et al. (US vs.. So. (Uy vs. distribute or use the same in the Philippines. lottery tickets or advertisements.

000 or less. Rules: A. manage and operated cockpits. c. 180. . player or participant. manner or practice employed for the purpose of influencing the result of any game. scheme or agreement by which the skill or ability of any player or participant in a fame. deceitful. Only one cockpit shall be allowed in each city or municipality with a population of 100. combination. Maintaining or employing a totalizer or other device or scheme for betting on races or realizing profit therefrom during the periods not allowed by law. Article 198. method. operation. 137). scheme or agreement by which the result of any game. and Holy Thursday and Good Friday (Republic Act No. II. B. Point-shaving: any such arrangement combination. or sports contests to make points of scores shall be limited deliberately in order to influence the result thereof in favor of one or other team. Article 199. races. 946). d. Game Machination: any other fraudulent. 91 Elements and Notes in Criminal Law Book II by RENE CALLANTA b. 229). ILLEGAL BETTING ON HORSE RACE Acts punished Betting on horse races during periods not allowed by law. races or sports contest. maintenance and ownership of cockpits. Revised Election Code). unfair or dishonest means. December 30 (Republic Act No. Any registration or voting days (Republic Act No. 449 (The Cockfighting Law of 1974): COCKFIGHTING LAW OF 1974 PD 449 I. Game-fixing: any arrangement. When horse races not allowed: July 4 (Republic Act No. races. or sports contests shall be predicated and/or known other than on the basis of the honest playing skill or ability of the players or participants. Scope – This law shall govern the establishment. Only Filipino citizens not otherwise inhibited by existing laws shall be allowed to own. ILLEGAL COCKFIGHTING This article has been modified or repealed by Presidential Decree No.

The penalty of prision mayor in its medium degree or a fine ranging from Five Hundred Pesos to Two Thousand Pesos and in case of recidivism the penalty of prision correccional in its medium degree or a fine of ranging from One Thousand Pesos to Six Thousand Pesos shall be imposed upon: (a) Any person other than those referred to in the succeeding subsection who in any manner. dog racing. carnival or exposition shall be allowed within the month of the local fiesta or for more than 2 occasions a year in the same city of municipality. carnival or exposition for a similar period of 3 days upon resolution of the province. roulette.November 30. high and low. within a year to a province. or for the support of national fund-raising campaigns for charitable purposes as may be authorized by the Office of the President upon resolution of a provincial board. slot machines. car raising and other races.alai or horse racing to include game fixing) and other lotteries. 92 Elements and Notes in Criminal Law Book II by RENE CALLANTA C. subject to the approval of the Chief of Constabulary or his authorized representative. for a period not exceeding 3 days. Cockpits shall be constructed and operated within the appropriate areas as prescribed in the Zoning Law or ordinance. articles of value of representative of value are made. agricultural. boat racing. boxing. During provincial. 3. basketball. or 2. seven-eleven dice games and the like and other contests to include game fixing. Holy Thursday. 1602 (Simplifying and Providing Stiffer Penalties for Violations of Philippine Gambling Laws) Section 1. point shaving and other machinations banking or percentage game. bookies (jai. June 12. -. b) No cockfighting shall be held on December 30. in licensed cockpits or in playgrounds or parks. or for returning balikbayans. If the purpose is for the entertainment of foreign dignitaries or for tourists. wherein wagers consisting of money. “pusoy” or Russian Poker. domino. F. carnival or exposition is to be held. city or municipal. E. pinball and other mechanical inventories or devices. monte. Limitations: This privilege shall be extended for only one time. which do not have a franchise from the national government. Election Day and during registration days for such election/referendum. volleyball. commercial or industrial fair. lucky nine. cara y cruz or pompiang and the like. City or municipal mayors are authorized to issue licenses for the operation and maintenance of cockpits. Cockfighting shall be allowed only in licensed cockpits during Sundays and legal holidays and during local fiestas for not more than 3 days. Violations and Penalties. city or municipality. or any other game or scheme. palk que. jueteng. mahjong. Presidential Decree No. baccarat and other card games. shall directly or indirectly take part in any game of cockfighting. . city or municipal council. Limitations: a) No cockfighting on the occasion of such fair. Good Friday. black jack. city or municipality where such fair. No gambling of any kind shall be permitted on the premises of the cockpit or place of cockfighting during cockfights. D. When allowed: 1. whether upon chance or skill.

signs or symbols which pertain to or in any manner used in the game of jueteng. . slot machines. if the skill of the player outweighs the chance or hazard involved in winning the game. – Any barangay official in whose jurisdiction such gambling house is found and which house has the reputation of a gambling place shall suffer the penalty of prision correccional in its medium period and a fine ranging from Five Hundred to Two Thousand Pesos and temporary absolute disqualifications. betting or wagering determines whether a game is gambling or not. “Unless authorized by a franchise. the game is not considered gambling but a sport. paper. even sports contents like boxing. As a general rule. The penalty of prision correccional in its medium degree and a fine ranging from Five Hundred pesos to Two Thousand Pesos shall be imposed upon any person who shall knowingly and without lawful purpose in any hour of any day shall have in his possession any lottery list. There are so-called parlor games which have been exempted from the operation of the decree like when the games are played during a wake to keep the mourners awake at night. conductor or banker is a government official. Under the old penal code. dog races. the Revised Penal Code considered the skill of the player in classifying whether a game is gambling or not. Exceptions: These are games which are expressly prohibited even without bets. yet the concept of gambling under it has been changed by the new gambling law. Any game is considered gambling where there are bets or wagers placed with the hope to win a prize therefrom. 93 Elements and Notes in Criminal Law Book II by RENE CALLANTA (b) Any person who shall knowingly permit any form of gambling referred to in the preceding subdivision to be carried on in inhabited or uninhabited places or any building. the offshoot of the exemption is the intentional prolonging of the wake of the dead by gambling lords. any form of gambling is illegal.” So said the court in the recent resolution of the case against the operation of jai-alai. Barangay Official. would be gambling insofar as those who are betting therein are concerned. referee. vessel or other means of transportation owned or controlled by him. Before. It was because of this that betting in boxing and basketball games proliferated. Pursuant to a memorandum circular issued by the Executive Branch. jueteng or any form of lottery. jai-alai or horse racing bookies and similar game or lottery which has taken place or about to take place. figures. these are habit-forming and addictive to players. the skill of the players is immaterial. or other matter containing letter. Section 2. The penalty of prision correccional in its maximum degree and a fine of Six Thousand Pesos shall be imposed upon the maintainer. promoter. conductor of the above gambling schemes. bringing about the pernicious effects to the family and economic life of the players. judge or coach in cases of game-fixing. point-shaving and other game machination. The penalty of prision mayor in its medium degree and temporary absolute disqualification and a fine of Six Thousand Pesos shall be imposed if the maintainer. But under the new gambling law. If the place where gambling is carried on has a reputation of a gambling place or that prohibited gambling is frequently carried on therein or the place is a public or government building or barangay hall. While the acts under the Revised Penal Code are still punished under the new law. Under this law. or if a player. the culprit shall be punished by the penalty provided for in its maximum period and a fine of Six Thousand Pesos. Monte. umpire.

If the date refers to the future. If the merchandise is not saleable because of its inferior quality. Due to the coupons. the public started buying the cigarette. A certain manufacturer. There are two criteria as to when the lottery is in fact becomes a gambling game: 1. Whenever someone buys from that supermarket. The increase in the price is the consideration for the chance to win in the lottery and that makes the lottery a gambling game. the lottery can be considered a gambling game because the buyers were really after the coupons not the low quality cigarettes. Also. in case of manufacturers. X cannot be convicted of gambling or illegal possession of lottery list without proving that such game was indeed played on the date stated. The increase of the price is to answer for the cost of the valuable prices that will be covered at stake. the public is paying for the lottery and not for the merchandise. . If the increase in price is brought about by the normal price increase [economic factor] that even without the lottery the price would be like that. sponsored a lottery and a coupon is inserted in every pack of cigarette so that one who buys it shall have a chance to participate. (2) The merchandise is not really saleable because of its inferior quality. Public is made to pay a higher price. he pays 10 cents more for each merchandise and for his purchase. Illustration: X was accused one night and found in his possession was a list of jueteng. To defray the cost of the prices offered in the lottery. If the date therein refers to the past. In effect. But if the increase in prices of the articles or commodities was not general. 94 Elements and Notes in Criminal Law Book II by RENE CALLANTA Mere possession of lottery tickets or lottery lists is a crime punished also as part of gambling. you have to determine whether the increase in the price was due to the lottery or brought about by the normal price increase. If the possessor was caught. therefore not illegal. Illustrations: (1) A certain supermarket wanted to increase its sales and sponsored a lottery where valuable prices are offered at stake. it is necessary to make a distinction whether a ticket or list refers to a past date or to a future date. X can be convicted by the mere possession with intent to use. If the increase in the price is due particularly to the lottery. and therefore the lottery is a gambling game. he gets a coupon which is to be dropped at designated drop boxes to be raffled on a certain period. there is no consideration in favor of the lottery and the lottery would not amount to a gambling game. chances are he will not go on with it anymore. but with the lottery the public starts patronizing such merchandise. If the public is made to pay not only for the merchandise that he is buying. the fact that a lottery is sponsored does not appear to be tied up with the increase in prices. 2. Public is not made to pay a higher price. the management increased their prices of the merchandise by 10 cents each. And the sponsors thereof may be prosecuted for illegal gambling under Presidential Decree No. Although there was no price increase in the cigarettes. but only on certain items and the increase in prices is not the same. Bhey Company. but also for the chance to win a prize out of the lottery. manufacture cigarettes which is not saleable because the same is irritating to the throat. then the lottery is a gambling game. so that the public actually does not buy them. lottery becomes a gambling game. However. 1602. This will already bring about criminal liability and there is no need to prove that the game was played on the date stated. Mere possession is not enough.

But this is not being implemented. the scandal involved refers to moral scandal offensive to decency. (The public view is not required.  Decency: means properly observing the requirements of modesty. a barangay captain who is responsible for the existence of gambling dens in their own locality will be held liable and disqualified from office if he fails to prosecute these gamblers. Offender performs an act b. the offender must commit the crime in a public place or within the view of the public. But such conduct or act must be open to the public view. In alarms and scandals. This includes concerts for causes. For public knowledge. They are committed publicly and thus. social conventions carried on by tradition and enforced by social disapproval in case of violation  If the acts complained of are punishable under another provision of the RPC. good taste etc  Customs: refers to established usage. Under this decree. the public does not patronize the product and starts to patronize them only after the lottery or raffle. In grave scandal. is legal when authorized by law. Act is highly scandalous as offending against decency or good customs c. Committed in a public place or within the public knowledge or view. the number of people who sees it is not material). Grave scandal is a crime of last resort.  Grave scandal: consists of acts which are offensive to decency and good customs. Gambling. of course. although it does not disturb public peace. They are for charitable purposes but they have to obtain a permit from Department of Social Welfare and Development. in effect the public is paying for the price not the product. Fund-raising campaigns are not gambling. and the like. give rise to public scandal to persons who have accidentally witnessed the acts The crime of grave scandal is a crime against public morals. Necessarily. it may occur even in a private place. the scandal involved refers to disturbances of the public tranquility and not to acts offensive to decency. Highly scandalous conduct does not expressly fall within any other article of the RPC d. OFFENSES AGAINST DECENCY AND GOOD CUSTOMS Article 200 GRAVE SCANDAL  ELEMENTS: a. Christmas caroling. Art 200 is not applicable Any act which is notoriously offensive to decency may bring about criminal liability for the crime of grave scandal provided such act does not constitute some other crime under the Revised Penal Code. . 95 Elements and Notes in Criminal Law Book II by RENE CALLANTA If without the lottery or raffle. it is sufficient if in public place.

published with their knowledge in any form . It is still open to the public view. Illustrations: (1) A man and a woman enters a movie house which is a public place and then goes to the darkest part of the balcony and while there the man started performing acts of lasciviousness on the woman. the criminal liability arises irrespective of whether the immoral act is open to the public view. the crime would be acts of lasciviousness. 96 Elements and Notes in Criminal Law Book II by RENE CALLANTA  The essence of grave scandal is publicity and that the acts committed are not only contrary to morals and good customs but must likewise be of such character as to cause public scandal to those witnessing it. The lady was then charged with grave scandal. Article 201 IMMORAL DOCTRINES. this constitutes grave scandal. Her defense was that she was doing it in her own house. grave scandal is committed provided the act does not fall under any other crime in the Revised Penal Code. They covered themselves their blanket and made the grass their conjugal bed. Her defense was that it is her own private pool and it is those men looking down at her who are malicious. If it is against the will of the woman. Authors of obscene literature. Distinction should be made as to the place where the offensive act was committed. whether in the public place or in a private place: (1) In public place. (3) In a certain apartment. Even if there was only one person who witnessed the offensive act for as long as the third person was not an intruder. This is grave scandal. She was charged of grave scandal. (2) A man and a woman went to Luneta and slept there. Public view does not require numerous persons. She does this every night at about eight in the evening. you can expect people outside gathered in front of her window looking at her silhouette. But if there is mutuality. (2) When act offensive to decency is done in a private place. Every morning several men in the upper floors would stick their heads out to get a full view of said lady while in her two-piece swimsuit. (4) In a particular building in Makati which stands right next to the house of a young lady who goes sunbathing in her poolside. public view or public knowledge is required. Those who publicly expound or proclaim doctrines that are contrary to public morals b. In short public view is not required. This is an act which even though done in a private place is nonetheless open to public view. Public view is not necessary so long as it is performed in a public place. OBSCENE PUBLICATIONS AND EXHIBITIONS:  Persons liable: a. a lady tenant had the habit of undressing in her room without shutting the blinds. It is no defense that she is doing it in her private home. So that at this hour of the night.

It means the act or acts done must come to the knowledge of third persons. public order. established policies. lust or pornography c. If the material has the tendency to deprave and corrupt the mind of the viewer then the same is obscene and where such obscenity is made publicly. The moment the parties carry their private rights and privileges to public view. good customs. A matter can also be considered obscene if it shocks the ordinary and common sense of men as indecency. cinemas or any other place f. those w/c tend to abet the traffic in and the use of prohibited drugs e. The test is objective. Owners or operators of establishments selling obscene literature e. engraving. criminal liability arises. or exhibit prints. those w/c offend against any race or religion d. there is no crime committed under the Revised Penal Code because what is protected is the morality of the public in general. scenes or acts: a. fairs.  However. Editors publishing such obscene literature d. sculptures or literature which are offensive to morals  Morals: implies conformity to generally accepted standards of goodness or rightness in conduct or character  Test of obscenity: whether the matter has a tendency to deprave or corrupt the minds of those who are open to immoral influences. acts or shows ion theaters. there must be publicity. lawful orders. Those who sell. those w/c serve no other purpose but to satisfy the market for violence. Those who exhibit indecent or immoral plays. . morals. they expose themselves to public scrutiny. distribute. those that are contrary to law. In committing this crime. 97 Elements and Notes in Criminal Law Book II by RENE CALLANTA c. As long as the pornographic matter or exhibition is made privately. The law is not concerned with the moral of one person. scenes. Art 201 enumerates what are considered as obscene literature or immoral or indecent plays. those w/c glorify criminals or condone crimes b. decrees and edicts  Mere nudity in paintings and pictures is not obscene  Pictures w/ a slight degree of obscenity having no artistic value and intended for commercial purposes fall within this article  Publicity is an essential element Sexual indulgence is not in itself immoral if done within the bounds of privacy and performed normally. It is more on the effect upon the viewer and not alone on the conduct of the performer.

4. 5. Ruffians or pimps and those who habitually associate with prostitutes (may include even the rich) f. even if there is no sexual intercourse. 204). 208). without any lawful or justifiable reason provided the act does not fall within any other article of the RPC If fenced and with prohibition of entry Trespass to dwelling If fenced and entered to hunt/fish Attempted theft If not fenced and with no prohibition of entry Vagrancy  Who are considered prostitutes . TITLE SEVEN CRIMES COMMITTED BY PUBLIC OFFICERS Crimes committed by public officers 1. Persons found loitering around public and semi-public places without visible means of support c. Judgment rendered through negligence (Art. Idle or dissolute persons lodging in houses of ill-fame e. 207). One who conspires with a woman in the prostitution business like pimps. Prosecution of offenses. . Habituality is the controlling factor. Persons found loitering in inhabited or uninhabited places belonging to others. Those who have no apparent means of subsistence and who have the physical ability to work yet neglect to apply themselves to some useful calling b. 3. 205). Knowingly rendering unjust judgment (Art. negligence and tolerance (Art.refer to women who habitually indulge in sexual intercourse or lascivious conduct for money or profit (if a man indulges in the same conduct: vagrancy) In law the mere indulging in lascivious conduct habitually because of money or gain would amount to prostitution. 2. Unjust interlocutory order (Art. 206). taxi drivers or solicitors of clients are guilty of the crime under Article 341 for white slavery. Persons tramping or wandering around the country or the streets with no visible means of support d. There cannot be prostitution by conspiracy. it has to be more than one time. Malicious delay in the administration of justice (Art. Virginity is not a defense. 98 Elements and Notes in Criminal Law Book II by RENE CALLANTA Article 202 VAGRANTS AND PROSTITUTES:  Who are considered vagrants: a.

235). Other frauds (Art. 223). 220). 9. 227). 217) 16. Removal. 21. 13. Conniving with or consenting to evasion (Art. 7. . Qualified bribery (Art. 18. 230). Open disobedience (Art. Malversation of public funds or property – Presumption of malversation (Art. 211). 31. 210). Opening of closed documents (Art. Failure of accountable officer to render accounts (Art. 211-A). 17. Revelation of secrets by an officer (Art. 215). Disobedience to order of superior officer when said order was suspended by inferior officer (Art. 224). 28. 30. Corruption of public officials (Art. 221). 236). 213). 32. 233). Direct bribery (Art. 11. Escape of prisoner under the custody of a person not a public officer (Art. 99 Elements and Notes in Criminal Law Book II by RENE CALLANTA 6. Prohibited transactions (Art. 232). 218). concealment or destruction of documents (Art. 219). Maltreatment of prisoners (Art. 209). 212). 23. 25. 216). Illegal use of public funds or property (Art. 27. 14. 29. 19. 10. 26. 8. Evasion through negligence (Art. 214). Refusal to discharge elective office (Art. 226). 231). 22. 229). 33. Possession of prohibited interest by a public officer (Art. Frauds against the public treasury and similar offenses (Art. 225). Anticipation of duties of a public office (Art. 24. Public officer revealing secrets of private individual (Art. 228). Indirect bribery (Art. Refusal of assistance (Art. Failure to make delivery of public funds or property (Art. 15. 12. Officer breaking seal (Art. Betrayal of trust by an attorney or solicitor – Revelation of secrets (Art. Failure of a responsible public officer to render accounts before leaving the country (Art. 20. 234).

classified or not. 38. temporary performance by a laborer of public functions makes him a public officer . contractual or otherwise. 35. the law makes the reference to the manner by which he is appointed to public office. it can even be committed by a private citizen alone such as in Article 275 (infidelity in the custody of a prisoner where the offender is not a public officer) or in Article 222 (malversation). Prolonging performance of duties and powers (Art. c. Abuses against chastity (Art. He thus becomes a public officer because of his appointment by competent authority or because he is elected to public office. However. 245). Usurpation of executive functions (Art. 39. 240). b. 41. temporary or not. 100 Elements and Notes in Criminal Law Book II by RENE CALLANTA 34. Abandonment of office or position (Art. Unlawful appointments (Art. the term public officer is broader and more comprehensive because it includes all persons whether an official or an employee. or accessory to the crime. 244). Takes part in the performance of public functions in the Government. direct provision of law 2. 3019 (The Anti-Graft and Corrupt Practices Act). 243). 242). 241). Orders or requests by executive officers to any judicial authority (Art. Usurpation of judicial functions (Art. or b. popular election 3. 40. The designation of the title is misleading. A government laborer is not a public officer. Any person who receives compensation for services rendered is a public officer. 239). 237). Crimes under this title can be committed by public officers or a non-public officer. Performs public duties as an employee. Public officers: embraces every public servant from the lowest to the highest rank Under Republic Act No. In some cases. 238). Article 203  WHO ARE PUBLIC OFFICERS: a. when the latter become a conspirator with a public officer.appointment by competent authority In defining the term “public officers”. and 42. agent or subordinate official in the gov’t or any of its branches  Notes: a. The public officer has to be the principal. or an accomplice. 36. 37. Disobeying request for disqualification (Art. Usurpation of legislative powers (Art. Public officer must derive his authority from: 1.

revenge. not only must the judgment be proved to be unjust . or greed against one of the parties. Knowledge that the decision is unjust  Notes: a. Renders a judgment in the case submitted to him for judgment c. or not supported by the evidence. b. There must be a conscious and deliberate intent to do an injustice. Judgment is unjust d. Judgment: is a final consideration and determination by a court of competent jurisdiction of the issues submitted to it in an action or proceeding The law requires that the judgment must be written in the official language. 101 Elements and Notes in Criminal Law Book II by RENE CALLANTA Crimes committed by public officers are nothing but corruption in public service. This usually occurs when the judge entertains hatred. There must be evidence that the decision rendered is unjust. It is not presumed To be liable for the above crime. error (with bad faith) 2. Nonfeasance: means omission of an act which ought to be done Malfeasance Doing of an act which a public officer should not have done Misfeasance Improper doing of an act which a person might lawfully do Nonfeasance Failure of an agent to perform his undertaking for the principal Article 204: KNOWINGLY RENDERING AN UNJUST JUDGMENT  ELEMENTS: a. Offender is a judge b. It must contain a clear and distinct statement of facts proved or admitted by the defendant and upon which the judgment is based. bribery d. and signed by him. personally and directly prepared by the judge. envy.it must likewise be established to have been knowingly rendered. Breach of oath of office partakes of three forms: d. or both c. . ill-will or revenge 3. Malfeasance: means performance of an act which ought not to be done f. Misfeasance: means improper performance of an act which might be properly be performed e. An unjust judgment may result from: 1. Unjust judgment: one which is contrary to law.

An appellate court functions as a division and the resolutions thereof are handed down only after deliberations among the members of a division so that it cannot be said that there is malice or inexcusable negligence or ignorance in the rendering of a judgment or order that is supposedly unjust as held by the Supreme Court in one administrative case. b. Article 207 MALICIOUS DELAY IN THE ADMINISTRATION OR JUSTICE  ELEMENTS: a. Abuse of discretion or mere error of judgment cannot likewise serve as basis for rendering an unjust judgment in the absence of proof or even an allegation of bad faith (motive or improper consideration). That there is a proceeding in his court. 279 SCRA 1) Article 206 UNJUST INTERLOCUTORY ORDER  ELEMENTS: a. That the offender is a judge. That the offender is a judge. Catral. Due to inexcusable negligence or ignorance  Manifestly unjust judgment: one that is so contrary to law that even a person having meager knowledge of the law cannot doubt the injustice The unjust judgment is merely the result of inexcusable negligence or ignorance of the law. or knowingly issuing an unjust interlocutory order. Article 205 JUDGMENT RENDERED THROUGH NEGLIGENCE  ELEMENTS: a. or 2. . Renders a judgment in a case submitted to him for decision c. There must be an apparent and notorious manifestation of lack of logic and false interpretation of the law. may be committed only by a judge of a trial court and never of an appellate court . The ignorance may refer to substantive or procedural law. 102 Elements and Notes in Criminal Law Book II by RENE CALLANTA e. b. Judgment is manifestly unjust d. That he performs any of the following acts: 1. not only one magistrate renders or issues the interlocutory order. It is not a final determination of the issues of the action or proceeding The crime of knowingly rendering an unjust judgment. (Cortes vs. Offender is a judge b.  Interlocutory order: one issued by the court deciding a collateral or incidental matter. knowingly renders unjust interlocutory order or decree. renders a manifestly unjust interlocutory order or decree through inexcusable negligence or ignorance. The reason for this is that in appellate court.

That the offender acts with malice and deliberate intent to favor the violator of the law. 42648) or (b) knowing that a crime is about to be committed he tolerates its commission (if gift/promise is a consideration for his conduct: direct bribery) c. NEGLIGENCE AND TOLERANCE Acts Punished 1. and before the Regional Trial Court and Metropolitan Trial Court. that is. knowing the commission of the crime. 103 Elements and Notes in Criminal Law Book II by RENE CALLANTA c. no. That the delay is malicious.  ELEMENTS OF DERELICTION OF DUTY IN THE PROSECUTION OF OFFENSES: a. Maliciously tolerating the commission of offenses. such cases must be resolved within 1 year. Hence. such cases must be decided within a period of three months or ninety days. G. that is. 2. those officers who are not duty bound to perform these obligations cannot commit this crime in the strict sense. d. the delay is caused by the judge with deliberate intent to inflict damage on either party in the case. This crime can only be committed by a public officer whose official duty is to prosecute offenders. That the offender is a public officer or officer of the law who has a duty to cause the prosecution of. state prosecutors. Maliciously refraining from instituting prosecution against violators of the law. b. that is. that a fiscal is under no compulsion to file an information based upon a complaint if he is not convinced that the evidence before him does not warrant filing an action in court . Note however. Rosales.  Mere delay without malice is not punishable Malice must be proven. or to prosecute offenses.  PREVARICACION: negligence and tolerance in the prosecution of an offense A public officer engaged in the prosecution of offenders shall maliciously tolerate the commission of crimes or refrain from prosecuting offenders or violators of the law. That there is dereliction of the duties of his office. Malice is present where the delay is sought to favor one party to the prejudice of the other. The Constitution provides that cases submitted for decision before the Supreme Court must be resolved within two years. he does not cause (a) the prosecution of the criminal (People vs. Before the Court of Appeals. These have been interpreted by the Supreme Court to refer only to judges of the trial court. Article 208 PROSECUTION OF OFFENSES. That he delays the administration of justice.  There must be a duty on the part of the public officer to prosecute or move for the prosecution of the offender.R.

gift or present has a consideration on the part of the public officer. the local chief of police is the prosecuting officer. 104 Elements and Notes in Criminal Law Book II by RENE CALLANTA When a policeman tolerates the commission of a crime or otherwise refrains from apprehending the offender. gift. or (2) He may become a fence if the crime committed is robbery or theft. he becomes a fence. If they do not do so. or assists in the escape of an offender. If he is the one who tolerates the violations of laws or otherwise allows offenders to escape.  The crime must be proved first before an officer can be convicted of dereliction of duty  A public officer who harbors. where the policeman shared in the loot and allowed the offender to go free. Apparently. promise. this new provision modifies Article 210 of the Revised Penal Code on direct bribery. Among the amendments made by Republic Act No. Illustration: The offender was caught for white slavery. They are supposed to prosecute violators of laws within their jurisdiction. 211-A. such peace officer cannot be prosecuted for this crime but they can be prosecuted as: (1) An accessory to the crime committed by the principal in accordance with Article 19. promise. when it is his duty to prosecute him is liable as principal in the crime of dereliction of duty in the prosecution of offenses. in distant provinces or municipalities where there are no municipal attorneys. Therefore. promise. offer. or (3) He may be held liable for violating the Anti-Graft and Corrupt Practices Act. 7659 on the Revised Penal Code is a new provision which reads as follows: Article. The policeman does not violate Article 208 but he becomes an accessory to the crime of white slavery. Qualified Bribery – If any public officer is entrusted with law enforcement and he refrains from arresting or prosecuting an offender who has committed a crime punishable by Reclusion Perpetua and/or death in consideration of any offer. consider the crime of qualified bribery. However. But in the crime of theft or robbery. he can be prosecuted under this article. If it is the public officer who asks or demands such gift or present. gift or present . in which case he violates the Anti-Fencing Law. paragraph 3. they can be prosecuted for this crime. The policeman allowed the offender to go free for some consideration. conceals. he is considered an offender under the Anti-Fencing Law. He is not an accessory  Article not applicable to revenue officers Relative to this crime under Article 208. However. they are . he shall suffer the penalty for the offense which was not prosecuted. that is refraining from arresting or prosecuting the offender in consideration for such offer. or present. the crime of qualified bribery may be committed only by public officers “entrusted with enforcement” whose official duties authorize then to arrest or prosecute offenders. This is also true in the case of a barangay chairman. Actually the crime is a kind of direct bribery where the bribe. In a way. he shall suffer the penalty of death.

” But this crime arises only when the offender whom such public officer refrains from arresting or prosecuting. Article 209 BETRAYAL OF TRUST BY AN ATTORNEY OR SOLICITOR (NOT NECESSARILY A PUBLIC OFFICER ALTHOUGH ALL LAWYERS ARE OFFICERS OF THE COURT)  ACTS PUNISHED: a. The dereliction of duty referred to is necessarily included in the crime of qualified bribery. and corruption of a public officer by the giver. If the crime were punishable by a lower penalty. Revealing any of the secrets of his client learned by him in his professional capacity (damage not necessary) c. by any malicious breach of professional duty. If the crime is punishable by a penalty lower than reclusion perpetua. The lawyer and his secretary or clerk cannot be examined thereon. by inexcusable negligence or ignorance. where the public officer agreed to perform an act constituting a crime in connection with the performance of his official duties. implies that the same is confidential. Under the rules on evidence. not qualified bribery. if the lawyer would reveal the same or otherwise accept a case from the adverse . if the crime was direct bribery under Article 210 of the Revised Penal Code. or 2. Undertaking the defense of the opposing party of the 1 st client and/or having received confidential information from the latter and without the latter’s consent (damage not necessary) Note: When the attorney acts with malicious abuse of his employment or inexcusable negligence or ignorance. three crimes are committed: direct bribery and dereliction of duty on the part of the fiscal. the dereliction of the duty punished under Article 208 of the Revised Penal Code should be absorbed because said article punishes the public officer who “maliciously refrains from instituting prosecution for the punishment of violators of the law or shall tolerate the commission of offenses”. which is a crime under Article 208 of the Revised Penal Code. has committed a crime punishable by reclusion perpetua and/or death. if the crime shall have been committed. In the latter situation. 105 Elements and Notes in Criminal Law Book II by RENE CALLANTA peace officers and public prosecutors since the nonfeasance refers to “arresting or prosecuting. then such nonfeasance by the public officer would amount to direct bribery. communications made with prospective clients to a lawyer with a view to engaging his professional services are already privileged even though the client-lawyer relationship did not eventually materialize because the client cannot afford the fee being asked by the lawyer. On the other hand. If the penalty for the crime involved is reclusion perpetua. there must be damage to his client. That this communication with a prospective client is considered privileged. Illustration: A fiscal. for a sum of money. the public officer involved should be prosecuted also for the dereliction of duty . Therefore. b. refrains from prosecuting a person charged before him. If the crime was qualified bribery. This is because in direct bribery. Causing damage to client (prejudice is essential) either 1. the fiscal commits qualified bribery. Article 210 expressly provides that the liabilty thereunder shall be “in addition to the penalty corresponding to the crime agreed upon. the crime is direct bribery. because the latter is not absorbed by the crime of direct bribery.

The lawyer must have learned the confidential matter in his professional capacity. it would not give rise to criminal liability. However. to handle his case. or it was made to him with a view to engaging his professional services. he would already be violating Article 209. an attorney at law. The client-lawyer relationship between A and B was not yet established. Note that only numbers 1. A received confidential information from B. suspension or disbarment under the Code of Professional Responsibility. Therefore. (2) Through gross ignorance. Illustration: B. although the lawyer’s act may be considered unethical. therefore. a lawyer/notary public. although it may be the subject of administrative discipline. A lawyer who had already undertaken the case of a client cannot later on shift to the opposing party. came to A also and the same was accepted. Otherwise. Under the circumstances. 106 Elements and Notes in Criminal Law Book II by RENE CALLANTA party. A is not bound to B. It is not the duty of the lawyer to give advice on the commission of a future crime. if A would reveal the confidential matter learned by him from B. it is necessary that the confidential matters or information was confided to the lawyer in the latter’s professional capacity. The lawyer is not bound by the mandate of privilege communication if he reports such commission of a future crime. This cannot be done. e. 2 and 3 must approximate malice. The breach of professional duty must be malicious. If it is just incidental. A did not commit the crime under Article 209. If B will disclose what was narrated to him there is no betrayal of trust since B is acting as a notary public and not as a counsel. Illustration: A went to B. matters that are considered confidential must have been said to the lawyer with the view of engaging his services. to have a document notarized. C. causing damage to the client. (4) Revelation of secrets learned in his professional capacity. then Article 209 is violated because it is enough that such confidential matters were communicated to him in his professional capacity. B cannot pay the professional fee of A. It is. Here.. It is only confidential information relating to crimes already committed that are covered by the crime of betrayal of trust if the lawyer should undertake the case of opposing party or otherwise divulge confidential information of a client. Mere malicious breach without damage is not violative of Article 209. . there is no trust to violate because B has not yet actually engaged the services of the lawyer A. at most he will be liable administratively as a lawyer.g. Several acts which would make a lawyer criminally liable: (1) Maliciously causing damage to his client through a breach of his professional duty. However. A narrated to B the detail of the criminal case. (5) Undertaking the defense of the opposite party in a case without the consent of the first client whose defense has already been undertaken. who is involved in the crime of seduction wanted A. the communication shall not be considered privileged and no trust is violated. not privileged in character. the offended party. (3) Inexcusable negligence.

That such offer or promise be accepted or gift/present received by the public officer (mere agreement consummates the crime) 1. and the case was continued. thus. the lawyer is not liable. The lawyer talked about this to a friend. and his client declared in default. to refrain from doing something which is his official duty to do . the lawyer cannot be held liable. That the offender accepts an offer or promise or receives a gift or present by himself or through another c. He is. If the prosecutor was tardy and the case was dismissed as non-prosecuted. Breach of confidential relation Revealing information obtained or taking advantage thereof by accepting the engagement with the adverse party. The mere breach of confidential relation is punishable. but the act must be unjust (delivery of consideration is necessary). The lawyer is liable. But the client must have suffered damage due to the breach of professional duty. if the lawyer disclosed the confidential information to other people. he would be criminally liable even though the client did not suffer any damage. and there was an adverse judgment. Professional duties – Lawyer must appear on time. or 3. 107 Elements and Notes in Criminal Law Book II by RENE CALLANTA Under the law on evidence on privileged communication. the client suffered damages. Otherwise. or tardiness on the part of the defense counsel leading to declaration of default and adverse judgment. The nominal liability under this article may be constituted either from breach of professional duties in the handling of the case or it may arise out of the confidential relation between the lawyer and the client. The client who was suing his wife disclosed that he also committed acts of unfaithfulness. because the client did not suffer damage. liable. If lawyer was neglectful in filing an answer. There is no need to prove that the client suffered damages. but he filed a motion for reconsideration which was granted. That the offender be a public officer within the scope of Art 203 b. it is not only the lawyer who is protected by the matter of privilege but also the office staff like the secretary. Article 210 DIRECT BRIBERY  ELEMENTS: a. Breach of professional duty Tardiness in the prosecution of the case for which reason the case was dismissed for being non- prosecuted. in consideration of an execution of an act which does not constitute a crime. In a conjugal case. with a view to committing some crime (delivery of consideration is not necessary) or 2.

 For purposes of this article. Be sure that what is involved is a crime of bribery. the offense is attempted corruption only and not frustrated. The corruptor becomes liable for consummated corruption of public official. that one has performed all the acts of execution which would produce the felony as a consequence but for reasons independent of the will. 108 Elements and Notes in Criminal Law Book II by RENE CALLANTA d.  Bribery exists when the gift is: a. the offender could not have performed all the acts of execution to produce the felony without consummating the same. That the act which the offender agrees to perform or which he executes be connected with the performance of his official duties Bribery refers to the act of the receiver and the act of the giver is corruption of public official. Illustrations: (1) If the public official accepted the corrupt consideration and turned it over to his superior as evidence of the corruption. the crime of the public official is attempted bribery. temporary performance of public functions is sufficient to constitute a person a public officer. in frustrated felony. the crime was not committed.  A private person may commit this crime only in the case in which custody of prisoners is entrusted to him  Applicable also to assessors. So this crime requires two to commit. arbitrators. In direct bribery. the direct bribery is already consummated . but robbery. experts or any other person performing public duties  Cannot be frustrated. If the public officer did not report the same to his superior and actually accepted it. (2) If a public official demanded something from a taxpayer who pretended to agree and use marked money with the knowledge of the police. the crime is not bribery. The official did not agree to be corrupted. appraisal and claim commissioners. Direct bribery may be committed only in the attempted and consummated stages because. he could not perform all the acts of execution. If it were extortion. the offender must have performed all the acts of execution which would produce the felony as a consequence. not extortion. you cannot have a giver unless there is one who is willing to receive and there cannot be a receiver unless there is one willing to give. therefore. voluntarily offered by a private person b. The public officer also becomes equally liable for consummated bribery. It is now settled. In short. Once there is concurrence. Actually. solicited by the public officer and voluntarily delivered by the private person . only attempted or consummated. The reason is that because the giver has no intention to corrupt her and therefore. he allowed himself to be corrupted. therefore. that the crime of bribery and corruption of public officials cannot be committed in the frustrated stage because this requires two to commit and that means a meeting of the minds. The one who yielded to the demand does not commit corruption of a public officer because it was involuntary. it is possible only if the corruptor concurs with the offender. It cannot be said.

If it will amount to a crime. he. as well as the corruptor shall be liable also for that other crime. The court stenographer agreed and he demanded P 2. solicited by the public officer but the private person delivers it out of fear of the consequences should the public officer perform his functions (here the crime by giver is not corruption of public officials due to involuntariness)  Actual receipt of the gift is not only if acts constitutes a crime necessary . property or services  If the act required of the public officer amounts to a crime and he commits it. That stenographer becomes liable already for consummated crime of bribery and the party who agreed to give that money is already liable for consummated corruption. which is infidelity in the custody of the public records for which they shall be liable as principals. both the public officer and the corruptor will in addition to the two felonies above. is already bribery. another crime is committed: falsification. An accepted offer or promise of a gift is sufficient. If the public officer commits the act which constitutes the crime. If the records were actually removed. 109 Elements and Notes in Criminal Law Book II by RENE CALLANTA c. is a crime or not. it is not necessary that the corruptor should deliver the consideration or the doing of the act. Illustrations: (1) If the corruptor offers a consideration to a custodian of a public record to remove certain files. So they were waiting for the chance to entrap him. bribery is already committed on the part of the public officer. one as principal by inducement. brings about the crime of direct bribery and corruption of public official. the mere agreement to commit the act. The same criterion will apply with respect to a public officer who agrees to refrain from performing his official duties. the other as principal by direct participation. he shall be liable for the penalty corresponding to the crime in addition to the penalty for bribery In direct bribery. which the public officer agreed to do. even without the delivery of the consideration. If he changed the transcript. If the refraining would give rise to a crime. However. there were law enforcers who already had a tip that the court stenographer had been doing this before. only the person offering the gift is liable for attempted corruption of a public officer  The gift must have a value or capable of pecuniary estimation . The moment there is a meeting of the minds. Under Article 210. Corruption is already committed on the part of the supposed giver. The reason is that the agreement is a conspiracy involving the duty of a public officer. It could be in the form of money. even though not a single centavo is delivered yet and even though the stenographer had not yet made the alterations. Unknown to them. if the offer is not accepted. The mere agreement is a felony already. even if no money was . the mere agreement. (2) A party litigant approached the court’s stenographer and proposed the idea of altering the transcript of stenographic notes. even without the public officer performing the act amounting to a crime. They were apprehended and they said they have not done anything yet. will also be liable for the crime committed. without delivery of the consideration.000. such as refraining to prosecute an offender. which amounts to a crime. the mere agreement to do so will consummate the bribery and the corruption. consider whether the official act.00.

he asked who the giver was. Mere agreement. the consideration must be delivered by the corruptor before a public officer can be prosecuted for bribery. what originally would have been indirect bribery becomes direct bribery. This is so because in the second situation. As far as the giver is concerned. it would only amount to bribery if the consideration be delivered to him. If the refraining is not a crime. He is not supposed to demand additional compensation from the public before performing his public service. He found out that he is a taxi operator. a gift or promise is given in consideration of the omission. Upon receipt by the BLT registrar of his valuable suiting material. a taxi operator gave an expensive suiting material to a BLT registrar. It is necessary that there must be delivery of monetary consideration.” The public officer in Indirect bribery is not to perform any official act. Here. Victim parts with his money or property Victim is deprived of his money or property by force voluntarily. there is no bribery. The idea of the law is that he is being paid salary for being there. is not enough to constitute the crime because the act to be done in the first place is legitimate or in the performance of the official duties of the public official. not "in consideration" thereof. without the acceptance. If he simply accepts a gift or present given to him by reason of his public position. In direct bribery however. or intimidation. the bribery will only arise when there is already the acceptance of the consideration because the act to be done is not a crime. It is just indirect bribery If the BLT registrar calls up his subordinates and said to take care of the taxis of the taxi operator so much so that the registration of the taxis is facilitated ahead of the others. Illustration: Without any understanding with the public officer. It is just that he would not perform what he is required by law to perform without an added consideration from the public which gives rise to the crime. Note however that what may begin as an indirect bribery may actually ripen into direct bribery. deprive him of his personal property. So. or if he performs what he is supposed to perform in anticipation of being paid the money. Unless the public officer receives the consideration for doing his official duty. Bribery (210) Robbery (294) When the victim has committed a crime When the victim did not commit a crime and he is and gives money/gift to avoid arrest or intimidated with arrest and/or prosecution to prosecution. So never use the term “consideration.  The third type of bribery and prevaricacion (art 208) are similar offenses. the crime is indirect bribery. present or consideration given to him. If it is not a crime. he is giving this by reason of the office or position of the public officer involved. This is not necessary in prevaricacion Distinction between direct bribery and indirect bribery Bribery is direct when a public officer is called upon to perform or refrain from performing an official act in exchange for the gift. 110 Elements and Notes in Criminal Law Book II by RENE CALLANTA delivered to him. . both consisting of omissions to do an act required to be performed. the public officer actually performed what he is supposed to perform. Bear in mind that the gift is given "by reason of his office". the crime is not committed. The prohibition will apply only when the money is delivered to him.

the officer agrees to perform or refrain from doing an act in consideration of the gift or promise. If there is only a promise of a gift or money. Mere physical receipt unaccompanied by any other sign. That the said gifts are offered to him by reason of his office. Refrains from arresting/prosecuting offender for crime punishable by reclusion perpetua and/or death (if lower penalty than stated above. par. threatening to arrest him if he will not come across with some consideration. Public officer entrusted with law enforcement b. and the policeman demanded money so he will not be arrested. It is the act of appropriating that signifies acceptance. But if no crime has been committed and the policeman is falsely charging him of having committed one. the public officer receives or accepts gifts. including Christmas are liable under PD 46. money or anything of value by reason of his office. it is not necessary that the officer do any act. say a policeman. c.”  There must be clear intention on the part of the public officer to take the gift offered and consider the property as his own for that moment. the crime is Robbery. b. circumstance or act to show such acceptance is not sufficient to convict the officer The Supreme Court has laid down the rule that for indirect bribery to be committed . In the latter case. 5) or Bribery (Article 210). no crime is committed because of the language of the law which uses the phrase “shall accept gifts. 111 Elements and Notes in Criminal Law Book II by RENE CALLANTA Robbery should be distinguished from Bribery where a law enforcer. the crime is direct bribery) . the crime is Bribery. employing intimidation and threatening to arrest the latter if he will not come across with money may be guilty of Robbery (Article 294. If the victim actually committed a crime.  The gift is given in anticipation of future favor from the public officer Indirect bribery.  There is no attempted or frustrated indirect bribery  The principal distinction between direct and indirect bribery is that in the former. his family or employees.  The criminal penalty or imprisonment is distinct from the administrative penalty of suspension from the service Article 211-A QUALIFIED BRIBERY  ELEMENTS: a. That the offender is a public officer. Article 211 INDIRECT BRIBERY  ELEMENTS: a. Merely delivering the gift to the public officer does not bring about the crime. Otherwise it would be very easy to remove a public officer: just deliver a gift to him. It is sufficient that he accepts the gift offered by reason of his office  Public officers receiving gifts and private persons giving gifts on any occasion. the public officer must have performed an act of appropriating of the gift for himself. extorts money from a person. That he accepts gifts.

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c. In consideration of any offer, promise or gift
Note that the penalty is DEATH if the public officer is the one who asks or demands such present.

He need not receive the gift or present because a mere offer or promise is sufficient.

Article 212
CORRUPTION OF PUBLIC OFFICIALS

 ELEMENTS:
a. That the offender makes offers or promises or gives gifts or present to a public
officer.

b. That the offers or promises are made or the gifts or presents given to a public
officer, under circumstances that will make the public officer liable for direct
bribery or indirect bribery

 The offender is the giver of the gift or the offeror of the promise. The act may or may not be
accomplished

Presidential Decree No. 46

Presidential Decree No. 46 prohibits giving and acceptance of gifts by a public officer or to a public
officer, even during anniversary, or when there is an occasion like Christmas, New Year, or any gift-giving
anniversary. The Presidential Decree punishes both receiver and giver.

The prohibition giving and receiving gifts given by reason of official position, regardless of whether or not
the same is for past or future favors.

The giving of parties by reason of the promotion of a public official is considered a crime even though it
may call for a celebration. The giving of a party is not limited to the public officer only but also to any
member of his family.

Presidential Decree No. 749

The decree grants immunity from prosecution to a private person or public officer who shall voluntarily
give information and testify in a case of bribery or in a case involving a violation of the Anti-graft and
Corrupt Practices Act.

It provides immunity to the bribe-giver provided he does two things:

(1) He voluntarily discloses the transaction he had with the public officer constituting direct or
indirect bribery, or any other corrupt transaction;

(2) He must willingly testify against the public officer involved in the case to be filed against the
latter.

Before the bribe-giver may be dropped from the information, he has to be charged first with the receiver.
Before trial, prosecutor may move for dropping bribe-giver from information and be granted immunity.
But first, five conditions have to be met:

(1) Information must refer to consummated bribery;

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(2) Information is necessary for the proper conviction of the public officer involved;

(3) That the information or testimony to be given is not yet in the possession of the government or
known to the government;

(4) That the information can be corroborated in its material points;

(5) That the informant has not been convicted previously for any crime involving moral turpitude.

These conditions are analogous to the conditions under the State Witness Rule under Criminal Procedure.

The immunity granted the bribe-giver is limited only to the illegal transaction where the informant gave
voluntarily the testimony. If there were other transactions where the informant also participated, he is
not immune from prosecution. The immunity in one transaction does not extend to other transactions.

The immunity attaches only if the information given turns out to be true and correct . If the same is false,
the public officer may even file criminal and civil actions against the informant for perjury and the
immunity under the decree will not protect him.

Republic Act No. 7080 (Plunder)

Plunder is a crime defined and penalized under Republic Act No. 7080, which became effective in 1991.
This crime somehow modified certain crimes in the Revised Penal Code insofar as the overt acts by which
a public officer amasses, acquires, or accumulates ill-gotten wealth are felonies under the Revised Penal
Code like bribery (Articles 210, 211, 211-A), fraud against the public treasury [Article 213], other frauds
(Article 214), malversation (Article 217), when the ill-gotten wealth amounts to a total value of
P50,000,000.00. The amount was reduced from P75,000,000.00 by Republic Act No. 7659 and the
penalty was changed from life imprisonment to reclusion perpetua to death.

Short of the amount, plunder does not arise. Any amount less than P50,000,000.00 is a violation of the
Revised Penal Code or the Anti-Graft and Corrupt Practices Act.

Under the law on plunder, the prescriptive period is 20 years commencing from the time of the last overt
act.

Plunder is committed through a combination or series of overt acts:

(1) Through misappropriation, conversion, misuse, or malversation of public funds or raids on the
public treasury;

(2) By receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any
other form of pecuniary benefit from any person and/or entity in connection with any
government contract or project by reason of the office or position of the public officer;

(3) By illegal or fraudulent conveyance or disposition of asset belonging to the national government
or any of its subdivisions, agencies or instrumentalities or government-owned or controlled
corporations and their subsidiaries;

(4) By obtaining, receiving, or accepting directly or indirectly any shares of stock, equity or any other
form of interest or participation including the promise of future employment in any business or
undertaking;

(5) By establishing agricultural, industrial, or commercial monopolies or other combinations and/or
implementations of decrees and orders intended to benefit particular persons or special interests;
or

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(6) By taking undue advantage of official position, authority, relationship, connection or influence to
unjustly enrich himself or themselves at the expense and to the damage and prejudice of the
Filipino people, and the Republic of the Philippines.

While the crime appears to be malum prohibitum, Republic Act No. 7080 provides that “in the imposition
of penalties, the degree of participation and the attendance of mitigating and aggravating circumstances
shall be considered by the court”.

ANTI-GRAFT AND CORRUPT PRACTICES ACT
RA 3019

 Persons Liable:

a. Any public officer who shall perform any of the following acts:

1. Persuading, inducing or influencing another public officer to perform an act constituting a
violation of rules and regulations duly promulgated by competent authority or an offense in
connection with the official duties of the latter, or allowing himself to be persuaded, induced, or
influenced to commit such violation or offense.

2. Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit for
himself or for any other person in connection with any contract or transaction between the
government and any other party wherein the public officer in his official capacity has to intervene
under the law.

3. Directly, or indirectly requesting or receiving any gift, present, or other pecuniary or material
benefit, for himself or for another, from any person for whom the public officer, in any manner of
capacity, has secured or obtained, or will secure or obtain, any Government permit or license, in
consideration for the held given or to be given.

4. Accepting or having any member of his family accept employment in a private enterprise which
has pending official business with him during the pendency thereof or within one year after its
termination.

5. Causing any undue injury to any party, including the Government, or giving any private party any
unwarranted benefits, advantage, or preference in the discharge of his official, administrative or
judicial function through manifest partiality, evident bad faith or gross inexcusable negligence.
This provision shall apply to officers and employees of offices or government corporations
charged with the grant of licenses or permits or other concessions.

6. Neglecting or refusing, after due demand or request, without sufficient justification, to act within
a reasonable time on any matter pending before him for the purpose of obtaining directly or
indirectly, from any person interested in the matter some pecuniary or material benefit or
advantage, or for the purpose of favoring his own interest of giving undue advantage in favor of
or discriminating against any other interested party.

committee. request. Any application filed by him. directly or indirectly. and which exercises discretion in such approval. prior to the assumption of office of any of the above officials to whom he is related. b. or having a material interest in any transaction or act requiring the approval of a board. into any contract or transaction manifestly and grossly disadvantageous to the same. or speaker of the house of Representatives. or releasing such information in advance of its authorized release date. 115 Elements and Notes in Criminal Law Book II by RENE CALLANTA 7. acquired by his office or by him on account of his official position to unauthorized persons. gift. 11. even if he votes against the same or does not participate in the action of the board. privilege. or advantage. for personal gain. Any person who. or benefit in favor of any person not qualified for or not legally entitled to such license. f. has been already dealing with the gov’t along the same line of business. Directly or indirectly having financial or pecuniary interest in any business. in any business transaction. or material. who shall acquire or receive any personal pecuniary interest in any specific business enterprise which shall be directly and particularly favored or benefited by any law or resolution authored by him previously approved or adopted by Congress during his term. (Sec. Divulging valuable information of a confidential character. Any person having family or close personal relation with any public official who shall capitalize or exploit or take advantage of such family or close personal relation by directly or indirectly requesting or receiving any present. 2. Directly or indirectly becoming interested. whether or not the public officer profited or will profit thereby. the president of the Senate. Spouse or any relative. panel or group. on behalf of the Government. during the term for which he has been elected. by consanguinity or affinity. 9. as well as upon the expiration of his term of office. 3. 10. Any act lawfully performed an official capacity or in the exercise of a profession. permit. or contact with the government in which such public official has to intervene (Sec. contract or application with the gov’t (Sec. panel. 4) d. e. Any transaction. or upon his resignation or separation from office (Sec. or pecuniary advantage from any person having some business. contract or application already existing or pending at the time of such assumption of public office. 5). 4. or rules or regulations issued pursuant to law. This prohibition shall not apply to: 1. Any person who shall knowingly induce or cause any public official to commit any of the offenses under (A). 7). of the president of the Philippines. or in which he is prohibited by the constitution or by any law from having any interest. Any member of congress. 4) c. . Any public officer who shall fail to file a true. detailed and sworn statement of assets and liabilities within 30 days after assuming office and thereafter on or before the 15 th day of April following the close of every calendar year. transaction. within the 3rd civil degree. the approval of which is not discretionary on the part of the official(s) concerned but depends upon compliance with requisites provided by law. application. Knowingly approving or granting any license. privilege. Entering. permit. or of a mere representative or dummy of one who is not so qualified or entitled. 8. or group of which he is a member. who shall intervene. the vice-president. contract or transaction in connection with which he intervenes or take part in his official capacity.

8)  If a public official has been found to have acquired during his incumbency. i. III. Once the information is found to be sufficient in form and substance. The decision of the court in these cases shall be appealable to the Sandiganbayan which exercises exclusive appellate jurisdiction over them. it becomes incumbent upon the court to place under preventive suspension the public officer who stands accused before it. However. IV. et al. Exceptions: Unsolicited gifts or presents of small or insignificant value offered or given as a mere ordinary token of gratitude of friendship according to local customs or usage. 163 SCRA 511). (b) the right to challenge the validity of the criminal proceedings leading to the filing of the information.. Albano. supra). 11). 116 Elements and Notes in Criminal Law Book II by RENE CALLANTA III. Once the case is filed with the Sandiganbayan. which would warrant his mandatory suspension from office under Section 13 of this Act. the court must issue the suspension order as a matter of course and there are no ifs and buts about it (Bayot vs. Such right of the accused to challenge the validity of the information covers (a) the right to challenge the sufficiency of the recitals of the information vis-à-vis the essential elements of the offense as defined by substantive law. No. 3019. Prescription of offenses: all offenses punishable under this Act shall prescribe in 15 years (Sec.A. Sandiganbayan. “When the administrative case against the officer or employee under preventive suspension is not finally disposed of by the disciplining authority within the period of ninety (90) days after the date of suspension of the respondent who is not a presidential appointee. the respondent shall be automatically reinstated in .e. 128 SCRA 383). 14).  Properties in the name of the spouse and dependents of such public official may be taken into consideration. Metropolitan Trial Court and Municipal Circuit Trial Court as the case may be. shall be excepted from the provisions of this act (Sec. Sandiganbayan. he may frustrate his prosecution to commit further acts of malfeasance or both (Bayot vs. that he has not been afforded the right of due preliminary investigation.. Prima Facie Evidence of and Dismissal due to unexplained Wealth (Sec. by express provision of the law. or that the acts for which he stands charged do not constitute a violation of the provisions of R. In case none of the principal accused are occupying positions corresponding to salary grade 27 or higher. et al. 10). Rule 117 of the Rules of Court (People vs. Competent court: All prosecutions under this Act shall be within the original jurisdiction of the Sandiganbayan (Sec.. whether in his name or in the name of other persons. his spouse or any of their dependents including but not limited to activities in any club or association or any ostentatious display of wealth including frequent travel abroad of a non-official character by any public official when such activities entail expenses evidently out of proportion to legitimate income. and (c) the right to raise the issue that the information can be quashed under any of the grounds provided in Section 2. PNP officers occupying the rank of superintendent or higher of their equivalent. before the order of suspension is issued.  Bank deposits in the name of or manifestly excessive expenditures incurred by the public official. it is necessary that a pre-suspension hearing be held by the court wherein the accused is afforded the opportunity to challenge the validity of the information filed against him. V. an amount of property and/or money manifestly out of proportion to his salary and to his other lawful income. Preventive suspension is resorted to in order to prevent the accused from using his office to intimidate witnesses or frustrate his prosecution or continue committing malfeasance in office because the presumption is that unless the accused is suspended. when their acquisition through legitimate means cannot be satisfactorily shown. exclusive jurisdiction over the case shall be vested in the proper Regional Trial Court.

even though he voted against the approval of the application. there are several acts defined as corrupt practices. this constitutes a violation of Anti-Graft and Corrupt Practices Act. But there are acts penalized under the Anti-Graft and Corrupt Practices Act which are not penalized under the Revised Penal Code. Sandiganbayan) ORTEGA NOTES: The mere act of a public officer demanding an amount from a taxpayer to whom he is to render public service does not amount to bribery. Where the public officer is a member of the board. If a public officer. If the secretary persuaded the judge to make a favorable resolution. Criminal intent on the part of the offender is not required. Therefore. 117 Elements and Notes in Criminal Law Book II by RENE CALLANTA the service: Provided. good faith is not a defense because it is in the nature of a malum prohibitum. That when the delay in the disposition of the case is due to the fault. His only course of action to avoid prosecution under the Anti-graft and Corrupt Practices Act is to sell his interest in the enterprise which has filed an application before that board. he should resign from his public position. panel or group. Illustration: “ CATCH ALL PROVISION” Section 3 (e) of the Anti-Graft and Corrupt Practices Act – causing undue injury to the government or a private party by giving unwarranted benefit to the party whom does not deserve the same.00 from a litigant to set a motion for an early hearing. the act or omission remains to be mala in se. Illustration: . Section 3 (g) of the Anti-Graft and Corrupt Practices Act – where a public officer entered into a contract for the government which is manifestly disadvantageous to the government even if he did not profit from the transaction. particularly Section 3. Or otherwise. a violation of the Anti-Graft and Corrupt Practices Act is committed. Some of them are mere repetitions of the act already penalized under the Revised Penal Code. panel or group. Even though the prohibited act may have benefited the government. It is enough that that the act was performed. In this case. Under the Anti-Graft and Corrupt Practices Act. It is enough that he performed the prohibited act voluntarily. This is direct bribery even if the act to be performed is within his official duty so long as he received a consideration therefor. Sub-Section A.”(Segovia vs. the period of delay shall not be counted in computing the period of suspension herein provided. In such a case. the public officer concerned shall be liable for violation of the Anti-Graft and Corrupt Practices Act. Illustration: A court secretary received P500 . Those acts may be considered as mala prohibita. with his office and a private enterprise had a transaction and he allows a relative or member of his family to accept employment in that enterprise. panel or group who is to act on an application of a contract and the act involved one of discretion. negligence or petition of the respondent. good faith is not a defense. any public officer who is a member of that board. panel or group where he is a member. like prohibited transactions under Article 215 and 216. even if the judge did not do so. The crime is still committed because the law is not after the effect of the act as long as the act is prohibited. as long as he has an interest in that business enterprise whose application is pending before that board. but will amount to a violation of the Anti-graft and Corrupt Practices Act. good faith is not a defense because it is a malum prohibitum.

3019 so he was compelled to sell all his interest in that steel mill. Without a hearing. When they were beyond the view of the policeman. Where the respondent is separated from service and the period has not yet prescribed. He was threatened with prosecution under Republic Act No. The fact that the government benefited out of the prohibited act is no defense at all. 118 Elements and Notes in Criminal Law Book II by RENE CALLANTA Sen. The term “prisoner” refers to one who is already booked and incarcerated no matter how short the time may be. This element is indispensable. Dominador Aytono had an interest in the Iligan Steel Mills. he summoned a civilian to deliver the thief to the precinct. the superior of that public officer is not authorized to order the suspension simply because of the violation of the Anti-Graft and Corrupt Practices Act. is not one of those crimes mentioned under the third paragraph of Article 19 of the Revised Penal Code. The same is true with the civilian because the crime committed by the offender. Where the public officer is still incumbent. The policeman could not be said as having assisted the escape of the offender because as the problem says. So he cannot be considered as falling under the third 3rd paragraph of Article 19 that would constitute his as an accessory. the offender is not yet a prisoner so there is no accountability yet. which at that time was being subject of an investigation by the Senate Committee of which he was a chairman. which is snatching or a kind of robbery or theft as the case may be. he caught a thief in the act of lifting the wallet of a pedestrian. It is the court which will order the suspension of the public officer and not the superior of that public officer. Illustration: A public officer was assigned to direct traffic in a very busy corner. he commits a violation thereof. While there. As he could not leave his post. he is assigned to direct traffic in a busy corner street. Because the law says so. in which case the Sandiganbayan has jurisdiction. Jurisdiction is exclusively with the Sandiganbayan. there is no defense. the civilian allowed the thief to go home. The prosecution shall file the case in the Regional Trial Court unless the violation carries a penalty higher than prision correccional. the public officer who is accused should not be automatically suspended upon the filing of the information in court. the violation being mala prohibita. The civilian agreed so he left with the thief. These cases are filed with the Ombudsman and not with the regular prosecutor’s office. . must be for the purpose of obtaining from any person interested in the matter some pecuniary or material benefit or for the purpose of favoring any interested party. As long as the court has not ordered the suspension of the public officer involved. or discriminating against another interested party. The law itself additionally requires that the accused’s dereliction. What would be the liability of the public officer? The liability of the traffic policeman would be merely administrative. The accused public officer must be suspended when the case is already filed with the Sandiganbayan. The civilian has no liability at all. even if he voted against it. Section 3 (f) of the Anti-Graft and Corrupt Practices Act – where the public officer neglects or refuses to act on a matter pending before him for the purpose of obtaining any pecuniary or material benefit or advantage in favor of or discriminating against another interested party. the suspension would be null and void for being violative of due process. Firstly. the information shall be filed in any prosecution’s office in the city where the respondent resides. the prosecution shall be with the Ombudsman. besides being without justification. Under the Anti-Graft and Corrupt Practices Act. The court will not order the suspension of the public officer without first passing upon the validity of the information filed in court.

c. Thereafter trial would proceed.  Notes: a. connives with the said supplier . 1379 (Forfeiture of Ill-gotten Wealth) Correlate with RA 1379 -. decided on August 18. FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS Article 213 FRAUDS AGAINST PUBLIC TREASURY  ELEMENTS: (par. The prosecutor conducts a preliminary investigation just like in a criminal case and he will forward his findings to the office of the Solicitor General. The respondent is given 15 days to answer the petition. That he should have taken advantage of his office. The felony is consummated by merely entering into an agreement with any interested party or speculator or by merely making use of any scheme to defraud the Government The essence of this crime is making the government pay for something not received or making it pay more than what is due. he intervened in the transaction in his official capacity. This is covered by the Rules on Civil Procedure. the neglect or refusal to act must motivated by gain or benefit. This provides the procedure for forfeiture of the ill-gotten wealth in violation of the Anti-Graft and Corrupt Practices Act.properly under Remedial Law. Remember that this is not a criminal proceeding. That the offender be a public officer. d. or purposely to favor the other interested party as held in Coronado v. or (c) the adjustment or settlement of account relating to a public property or funds. Any taxpayer having knowledge that a public officer has amassed wealth out of proportion to this legitimate income may file a complaint with the prosecutor’s office of the place where the public officer resides or holds office. 119 Elements and Notes in Criminal Law Book II by RENE CALLANTA In other words. SB. he would file a petition requesting the court to issue a writ commanding the respondent to show cause why the ill-gotten wealth described in the petition should not be forfeited in favor of the government. b. If the Solicitor General finds probable cause. That he entered into an agreement with any interested party or speculator or made use of any other scheme with regard to (a) furnishing supplies (b) the making of contracts. 1993. that is. The Solicitor General will determine whether there is reasonable ground to believe that the respondent has accumulated an unexplained wealth. This occurs usually in cases where a public officer whose official duty is to procure supplies for the government or enter into contract for government transactions. The basic difference is that the preliminary investigation is conducted by the prosecutor. 1) a. Republic Act No. It is also committed by refunding more than the amount which should properly be refunded. That the accused had intent to defraud the government. The proceedings are civil and not criminal in nature. Judgment is rendered and appeal is just like in a civil case. The public officer must act in his official capacity b.

license fees. If there is a fixed outlay of P20. The essence of the crime is not misappropriation of any of the amounts but the improper making of the collection which would prejudice the accounting of collected amounts by the government. pricing each light bulb at P550. ILLEGAL EXACTIONS (par 2)  ELEMENTS: a. Collecting or receiving. Fixers cannot commit this crime unless he conspires with the public officer authorized to make the collection. fees and other imposts. failing voluntarily to issue a receipt. 120 Elements and Notes in Criminal Law Book II by RENE CALLANTA with the intention to defraud the government. for any sum of money collected by him officially. Mere demand of a larger or different amount is sufficient to consummate the crime. Not any public officer can commit this crime. Also when certain supplies for the government are purchased for the high price but its quantity or quality is low. The offender is a public officer entrusted with the collection of taxes. or 2. Otherwise. there was a need to put some additional lighting along a street and no one knows how much it will cost. This is a case of fraud against public treasury. That would constitute the crime of “other fraud” in Article 214. directly or indirectly. Not all frauds will constitute this crime. There must be no fixed allocation or amount on the matter acted upon by the public officer.00 for the lighting apparatus needed and the public officer connived with the seller so that although allocation was made a lesser number was asked to be delivered.000. as provided by law. demanding. The allocation or outlay was made the basis of fraudulent quotations made by the public officer involved. For example. or of an inferior quality. The essence is the improper collection (damage to gov’t is not required) On the first form of illegal exaction . licenses. b. Be sure to determine whether fraud is against public treasury or one under Article 214. a. import duties and other dues payable to the government. An officer was asked to canvass the cost but he connived with the seller of light bulbs. by way of payment or otherwise. In this case there is no fraud against the public treasury because there is a fixed allocation. things or objects of a nature different from that provided by law. or 3. or secondhand.00. which is in the nature of swindling or estafa.00 instead of the actual price of P500. He is guilty of any of the following acts or omissions: 1. it is estafa.  Notes: This can only be committed principally by a public officer whose official duty is to collect taxes. directly or indirectly the payment of sums different from or larger than those authorized by law. The fraud is in the implementation of procurement.

are the following: (a) Illegal exaction – for collecting more than he is authorized to collect. It remained to be private.00. The crimes committed. therefore. b. May be complexed with malversation Note that this is often committed with malversation or estafa because when a public officer shall demand an amount different from what the law provides.00 upon payment of the taxpayer of said amount demanded by the public officer involved. But the municipal treasurer. However. (3) A taxpayer pays his taxes.00 only but the municipal treasurer demanded P500.00.00 because he can never claim a refund from the government for excess payment since the receipt issued to him was only P400. By that demand alone.00. But he altered the duplicate to reflect only P400. That will not affect the consummation of the crime. what is due the government is P400.00 is supposed to be for documentary stamps. Actually.00 and he extracted the difference of P100. it is not necessary that the amount being demanded is bigger than what is payable to the government. even if the taxpayer shall refuse to come across with the amount being demanded. The taxpayer left. The municipal treasurer turned over to the government coffers P400. If sums are received without demanding the same. the crime committed is estafa. the crime of illegal exaction is already committed even though the taxpayer does not pay the P500. the public officer already committed the crime of illegal exaction. it did not become part of the public funds. therefore.00 because that is due the government and pocketed the P100.00.00 and. What is due the government is P400. The mere fact that there was a demand for an amount different from what is due the government.00 is concerned. it can be expected that such public officer will not turn over his collection to the government. He has a receipt for P400. the entire P500.00. As far as the P100.00. thinking that he would abstract the P100. (2) Suppose the taxpayer came across with P500. The mere act of demanding is enough to constitute this crime. will it be malversation or estafa? In the example given. mere demand will consummate the crime.00 which the public officer pocketed. When there is deceit in demanding larger fees. a felony under this article is not committed.00 which is due the government. the crime committed is estafa d. In the demand. Illustrations: (1) A taxpayer goes to the local municipal treasurer to pay real estate taxes on his land. the public officer did not include in the official receipt the P100.00. . The treasurer answered that the P100. 121 Elements and Notes in Criminal Law Book II by RENE CALLANTA In this form.00 was covered by an official receipt. In this case. The taxpayer would naturally ask the municipal treasurer why the receipt was only for P400. if the sum is given as a sort of gift or gratification.00. That act of covering the whole amount received from the taxpayer in an official receipt will have the characteristics of becoming a part of the public funds. It is the taxpayer who has been defrauded of his P100.00. The amount being demanded maybe less than the amount due the government. On the P100.00 and the public officer issues a receipt for P500. issued a receipt for only P400. the crime is indirect bribery c.

The entire P500. 122 Elements and Notes in Criminal Law Book II by RENE CALLANTA (b) Falsification – because there was an alteration of official document which is the duplicate of the official receipt to show an amount less than the actual amount collected. therefore. He issued the receipt at P400. It cannot also be said that the falsification is a necessary means to commit the malversation because the public officer can misappropriate the P100. while in number 3. It is the breach of trust by a public officer entrusted to make the collection which is penalized under such article.00 and explained to taxpayer that the P100 was for documentary stamps. Although the excess P100. and (c) Malversation – for getting the P100. If it did not give rise to the crime of illegal exaction. The falsification or alteration made on the duplicate can not be said as a means to commit malversation.00 was not covered by the Official Receipt. the crime of illegal exaction is not committed.00 excess which was malversed. So when he appropriated the P100 for his own benefit.00 was covered by the receipt. even though not payable to the government. So it cannot be complexed with the malversation. it will be the subject of separate accusation because there.00 was due.00 from the vault. At most . will already consummate the crime of illegal exaction. or had not become impressed with being part of the public funds. he was not extracting private funds anymore but public funds. It will give rise to estafa or theft as the case may be. he took the P100. the whole amount became public funds.00 in the vault of the office. In this crime.00 without any falsification.00 and spent it. it cannot be the subject of malversation. The following crimes were committed: (a) Illegal exaction – for demanding a different amount. (c) Malversation – because of his act of misappropriating the P100. it was commingled with the other public funds in the vault. malversation is a distinct offense.00 and misappropriate it. . The Municipal Treasurer placed the entire P500. If it had not become part of the public funds. license or impost subject of the misappropriation. Should the falsification be complexed with the malversation? As far as the crime of illegal exaction is concerned.00 when only P400. All that he has to do is to get the excess of P100. hence. the duplicate was altered in order to conceal the malversation. Note that numbers 1 and 2 are complexed as illegal exaction with estafa.00 excess which was covered by an official receipt already. If he is not the one authorized by disposition to do the collection. the funds collected may not have become part of the public funds. pay attention to whether the offender is the one charged with the collection of the tax. So the falsification is a separate accusation. illegal exaction may be complexed with malversation because illegal exaction is a necessary means to be able to collect the P100. However. the mere demand regardless of whether the taxpayer will pay or not. (3) The Municipal Treasurer demanded P500. When he needed money. (b) Estafa – for deceiving the taxpayer. it became part of public funds and subsequent extraction thereof constitutes malversation.

The payor may demand a refund by virtue of the Official Receipt. payment of checks not belonging to the taxpayer. Because of that. the law that will apply to them will be the Revised Administrative Code or the Tariff and Customs Code or National Revenue Code. This crime does not require damage to the government. which means official receipt. their demanding or collecting different from what is necessary is legal Article 214 OTHER FRAUDS  ELEMENTS: a. b. unless the check is a manager’s check or a certified check. should not be accepted to settle the obligation of that person. (See the case of Roman Catholic. That the offender is a public officer. amended already as of 1990. On the second form of illegal exaction The act of receiving payment due the government without issuing a receipt will give rise to illegal exaction even though a provisional receipt has been issued. he shall be liable for malversation.) Under Article 213. if the latter should pocket the excess. which he calls provisional. if any of these acts penalized as illegal exaction is committed by those employed in the Bureau of Customs or Bureau of Internal Revenue. Illustration: A taxpayer pays his obligation with a check not his own but pertaining to another. Officers and employees of the BIR or Customs are not covered by the article. . The NIRC or Administrative Code is the applicable law These officers are authorized to make impositions and to enter into compromises. Because of this discretion. even though he has no intention of misappropriating the amount received by him. That he takes advantage of his official position. 123 Elements and Notes in Criminal Law Book II by RENE CALLANTA The issuance of the Official Receipt is the operative fact to convert the payment into public funds. The official has no right but the government. as the owner of the bigger amount becomes the owner of the whole. under the principle of accretion. Illustration: If a government cashier or officer to whom payment is made issued a receipt in his own private form. The crime committed is illegal exaction because the payment by check is not allowed if the check does not pertain to the taxpayer himself. In cases where the payor decides to let the official to “keep the change”. There must be voluntary failure to issue the Official Receipt. the check bounced later on. but that of checks of other persons. What the law requires is a receipt in the form prescribed by law. the mere fact that he issued a receipt not in the form prescribed by law. On the third form of illegal exaction Under the rules and regulations of the government. the crime of illegal exaction is committed.

b. in any transaction of exchange or speculation. vs. distribution or adjudication of which they had acted. commodities. Article VI of the Constitution . c. directly or indirectly. regularly buying securities for resale is speculation Article 216 POSSESSION OF PROHIBITED INTERESTS BY A PUBLIC OFFICER  Who are liable: a. b. (U. 28 Phil. However. That he becomes interested. Guardians and executors – with respect to property belonging to their wards or the estate. That he becomes interested in the transaction during his incumbency. d.  Notes: a. That the offender is an appointive public officer. 124 Elements and Notes in Criminal Law Book II by RENE CALLANTA c. land etc wherein one hopes to take advantage of an expected rise or fall in price b. 315 to 318. Public officer – in any contract or business in which it is his official duty to intervene. S. c. (estafa. That he commits any of the frauds or deceits enumerated in art. Purchasing of stocks or shares in a company is simple investment and not a violation of the article. b. arbitrators and private accountants – in any contract or transaction connected with the estate or property in the approval. Actual fraud is not necessary. Examples of transactions of exchange or speculation are: buying and selling stocks.  Notes: a. swindling)  Note: RTC has jurisdiction over the offense because the principal penalty is disqualification Article 215 PROHIBITED TRANSACTIONS  ELEMENTS: a. Udarbe. 383) Section 14. Experts. Act is punished because of the possibility that fraud may be committed or that the officer may place his own interest above that of the Government or party which he represents The mere violation of the prohibition is already punished even if no actual fraud occurs because of the possibility that fraud may be committed or that the officer may place his own interest above that of the government or party he represents. That the transaction takes place within the territory subject to his jurisdiction.

agency or instrumentality thereof. He shall not intervene in any matter before any office of the government for his pecuniary benefit or where he may be called upon to act on account of his office. including any government-owned or controlled corporation or its subsidiary. His being remiss in the duty of safekeeping public funds violates the trust reposed) . directly or indirectly. unless otherwise provided in this Constitution. That the offender be a public officer (or private person if entrusted with public funds or connived with public officers) b. theft or qualified theft) c. or in any franchise or special privilege granted by the Government or any subdivision. in any contract with. or quasi-judicial and other administrative bodies. MALVERSATION OF PUBLIC FUNDS OR PROPERTY Article 217 MALVERSATION OF PUBLIC FUNDS OR PROPERTY  ELEMENTS COMMON TO ALL ACTS MALVERSATION OF PUBLIC FUNDS OR PROPERTY : a. during his term of office. They shall strictly avoid conflict of interest in the conduct of their office. or in any franchise. including government- owned or controlled corporations or their subsidiaries. or special privilege granted by the Government or any subdivision. or be financially interested in any contract with. directly or indirectly. hold any office or employment. practice any other profession. nor shall he be financially interested. Section 2. agency or instrumentality thereof. hold any other office or employment during their tenure. Took or misappropriated them 3. Appropriated the funds or property 2. or in any franchise or privilege granted by the government. or any of its subdivisions. participate in any business. Vice-President. Neither shall he. That he: 1. (it is not necessary that the offender profited thereby. permitted any other person to take such public funds or property. during said tenure. the Members of the Cabinet and their deputies or assistant shall not. Neither shall he engage in the practice of any profession or in the active management or control of any business which in any way may be affected by the functions of his office. including government- owned or controlled corporations or their subsidiaries. 125 Elements and Notes in Criminal Law Book II by RENE CALLANTA No Senator or Member of the House of Representatives may personally appear as counsel before any court of justice or before the Electoral Tribunals. deposited or commingled with public funds) d. Article IX-A of the Constitution No member of a Constitutional Commission shall. seized. Consented or. during his tenure. That he had the custody or control of funds or property (if not accountable for the funds. through abandonment or negligence. agencies. or instrumentalities. Article VII of the Constitution The President. directly or indirectly. Section 13. They shall not. That those funds or property were public funds or property (even if private funds if attached. be interested financially in any contract with.

The seizure of the property or fund impressed it with the character of being part of the public funds it being in custodia legis.  In determining whether the offender is a public officer. In determining whether the offender is liable for malversation.  It can be committed either with malice or through negligence or imprudence There is no crime of malversation through negligence. the crime committed is estafa When private property is attached or seized by public authority and the public officer accountable therefor misappropriates the same. If he is not the one accountable but somebody else. The offender must be accountable for the property misappropriated. or through abandonment or negligence allowing other to use or appropriate the same. whether committed through dolo or culpa. though public in character is the responsibility of another officer. He is liable for malversation if such funds were lost or otherwise misappropriated by another. Accountable officer does not refer only to cashier. plain and simple. The offender is made liable because of the nature of his duties to take care of the funds or property entrusted to him with the diligence of a good father of a family. he is not liable of qualified theft but of malversation even though the property belonged to a private person. The crime is malversation. the same penalty is imposed whether the malversation results from negligence or was the product of deliberate act. If the fund or property. malversation is committed also. It is not necessary that the offender profited because somebody else may have misappropriated the funds in question for as long as the accountable officer was remiss in his duty of safekeeping public funds or property. Otherwise. Any public officer having custody of public funds or property for which he is accountable can commit the crime of malversation if he would misappropriate such fund or property or allow others to do so. to render an account on the money or property that came into his possession. it is the nature of the duties of the public officer that controls. he has to account or is required by the nature of the performance of a duty. the crime will not be malversation but estafa under Article 315.  The funds or property must be received in an official capacity . For as long as the public officer is the one accountable for the fund or property that was misappropriated. disbursing officers or property custodian. 126 Elements and Notes in Criminal Law Book II by RENE CALLANTA Concept of Malversation It consists in the misappropriation or conversion of public funds or property to one’s personal use or knowingly. While the name of the office is important. to commit malversation. must be accountable for the funds or property misappropriated by him. he . There is no crime of malversation under Article 365 – on criminal negligence – because in malversation under Article 217. what is controlling is whether in performing his duties as a public officer. If he is not accountable for the funds or properties and he misappropriates the same. It will be qualified theft if there is abuse of confidence. He is accountable by virtue of the nature of his office to account for funds or properties that come to his possession. what is controlling is the nature of his office and not the designation The offender. Illustration: If a sheriff levied the property of the defendants and absconded with it. the crime committed is theft. malversation is not committed unless there is conspiracy.  Malversation is otherwise called embezzlement This crime is predicated on the relationship of the offender to the property or funds involved.

correctness and regularity in the conduct of audit.  The measure of negligence to be observed is the standard of care commensurate with the occasion  When malversation is not committed through negligence. approximating fraud or malice Under jurisprudence. July 11. The offender appropriates personally the funds Personal appropriation is not indispensable or property. Once they are commingled.  In malversation thru negligence. privately owned. 68233. shall be prima facie evidence that he has put such missing funds or property to personal use. by any authorized officer. the evidence introduced . and he immediately pays the amount from his pocket. the presumption does not arise An accountable public officer may be convicted even if there is no direct evidence of misappropriation and the only evidence is the shortage in his account which he has not been able to explain satisfactorily. the denial of the request for a second audit is fatal to the cause of the prosecution because in the meantime. In order to support conviction. simple or qualified. However. (Palma Gil vs. the crime could be theft.(Salvacion vs. the legal presumption of prima facie evidence of guilt will not apply. the prosecution must prove the actual misappropriation of the missing funds. there is negligence. his misappropriation of the same constitutes malversation Note that the moment any money is commingled with the public fund even if not due the government. The Honorable Sandiganbayan. the accused must raise the issue of accuracy. you do not know anymore which belong to the government and which belong to the private persons. People) If a public officer reports the loss of money before a cash examination is conducted and the cause of the loss as reported has a distinct ring of truth to it. Absent such relation. R. No.  When a public officer has official custody or the duty to collect or receive funds due the government. lack of criminal intent or good faith is a defense  The failure of a public officer to have any duly forthcoming public funds or property upon demand. when the public officer leaves his post without locking his drawer. G. If asked for a second audit before the filing of the information against him and the same was denied. the negligence of the accountable public officer must be positively and clearly shown to be inexcusable. Thus. the accountable officer is notified. So that a public vault or safe should not be used to hold any fund other that what is due to the government. or the obligation to account for them. it becomes impressed with the characteristic of being part of public funds. some disbursement vouchers were introduced which were not considered in the first audit. and during the trial. if at the very moment when the shortage is discovered. because allowing others to commit the misappropriation is also malversation. 1986) To rebut the presumption of guilt prima facie under Article 217. 127 Elements and Notes in Criminal Law Book II by RENE CALLANTA can be liable for the crime of malversation. he is liable for the loss. Estafa Malversation It is usually committed by a private individual Committed by accountable public officers Funds or property of misappropriation are The object is public fund or property.

it is only mitigating Payment of the amount misappropriated or restitution of property misappropriated does not erase criminal liability but only civil liability. Sandiganbayan) A private person may also commit malversation under the following situations: (1) Conspiracy with a public officer in committing malversation. (Mahinay vs. (Meneses vs. Article 218 FAILURE OF ACCOUNTABLE OFFICER TO RENDER ACCOUNTS  ELEMENTS: a. G. The Sandiganbayan. To tolerate such a practice is to give a license to every disbursing officer to conduct a lending operation with the use of public funds. May 9. and he misappropriates the same. (2) When he has become an accomplice or accessory to a public officer who commits malversation. There is no law or regulation allowing accountable officers to extend loans to anyone against the “vales” or chits given in exchange by the borrowers. (4) When he is constituted as the depositary or administrator of funds or property seized or attached by public authority even though said funds or property belong to a private individual. In technical malversation. . R. which is punishable by law. The grant of loans through the vale system is a clear case of an accountable officer consenting to the improper or unauthorized use of public funds by other persons. the remaining balance could have been satisfactorily accounted for. 1989)  Returning the embezzled funds is not exempting. 61442. the offender misappropriates public funds or property for his own personal use. 128 Elements and Notes in Criminal Law Book II by RENE CALLANTA does not establish a fact beyond reasonable doubt. Recourse: File the proper information. Technical malversation is not included in the crime of malversation. the missing amount is found in an unaccustomed place  A person whose negligence made possible the commission of malversation by another can be held liable as a principal by indispensable cooperation It is not necessary that the accountable public officer should actually misappropriate the fund or property involved. the public officer applies the public funds or property under his administration to another public use different from that for which the public fund was appropriated by law or ordinance. It is enough that he has violated the trust reposed on him in connection with the property. (3) When the private person is made the custodian in whatever capacity of public funds or property. It is enough that the proprietary rights of the government over the funds have been disturbed through breach of trust. That the offender is a public officer. whether in the service or separated therefrom.  There is also no malversation when the accountable officer is obliged to go out of his office and borrow the amount corresponding to the shortage and later. or allows any other person to take such funds or property for the latter’s own personal use. Had the re-audit requested by the accused been accorded due course. In malversation. whether belonging to national or local government.  Demand as well as damage to the government are not necessary elements Note that damage on the part of the government is not considered an essential element. No.

b. who leaves the country without first securing clearance from the Commission on Audit. it is simple malversation even if applied to other public purpose). c. cashiers 2. . The public officers who are bound to render accounts are the following: 1. That he must be an accountable officer for public funds or property.  Note: The act of leaving the Philippines must be unauthorized or not permitted by law Mere leaving without securing clearance constitutes violation of the Revised Penal Code. That he fails to do so for a period of two months after such accounts should be rendered. It is not necessary that they really misappropriated public funds. or to a provincial auditor. c. b. That the offender is a public officer. That he must be an accountable officer for public funds property. d. c. those who by the nature of their position become custodian or public funds or property. 129 Elements and Notes in Criminal Law Book II by RENE CALLANTA b. warehousemen and 4. storekeepers 3. That he must have unlawfully left (or be on the point of leaving) the Philippines without securing from the Commission on Audit a certificate showing that his accounts have been finally settled. That the offender is a public officer. That such public fund or property has been appropriated by law or ordinance (without this. That he is required by law or regulation to render accounts to the commission on audit.  Note: Demand and misappropriation are not necessary It is sufficient that there is a law or regulation requiring him to render an account. It is not necessary that the offender prevent the situation of the crime being committed because of the failure of the accountable officer to render an account. not necessarily an accountable one. It is the failure to follow the requirement of the law that is made punishable. That there is public fund or property under his administration. Article 219 FAILURE OF A RESPONSIBLE PUBLIC OFFICER TO RENDER ACCOUNTS BEFORE LEAVING THE COUNTRY  ELEMENTS: a. Article 220 ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY (technical malversation)  ELEMENTS: a. Who can commit this crime? A responsible public officer.

the officers bringing the money were ambushed. After the public officer had left. See Article 222. but the same was applied to private purpose. Note that when a private person is constituted as the custodian in whatever capacity. just remember that in illegal use of public funds or property. told the janitor to buy bond paper so that the office will have something to use. One of them. Illustration: The office lacked bond papers. Illustration: The payroll money for a government infrastructure project on the way to the site of the project. and this was applied to a public purpose by the custodian thereof. the public officer involved is still liable for technical malversation. If the funds had been appropriated for a particular public purpose. The term technical malversation is used because in this crime. the offender does not derive any personal gain. get some money from his collection. Instead of applying it to the public purpose to which the fund or property was already appropriated by law. agreed. not technical malversation. and the workers had left because it is not possible to do the cementing. the owner of the garage started using some of the cement in paving his own garage. Bags of cement were already being unloaded at the side. the public officer applied it to another purpose. But then. The offender is entrusted with such fund or property only to administer or apply the same to the public purpose for which it was appropriated by law or ordinance. rain began to fall so the supervisor of the road building went to a certain house with a garage. This crime can also be committed by a private person. 130 Elements and Notes in Criminal Law Book II by RENE CALLANTA d. however. and he misappropriates the same. They were all wounded. was able to get away from the scene of the ambush until he reached a certain house. Olive. the fund or property involved is already appropriated or earmarked for a certain public purpose. The amount involved maybe immaterial but the cashier commits malversation pure and simple. even though the application made proved to be more beneficial to public interest than the original purpose for which the amount or property was appropriated by law. That he applies the same to a public use other than for which such fund or property has been appropriated by law or ordinance. the funds are merely devoted to some other public use  Absence of damage is only a mitigating circumstance Since damage is not an element of malversation. If public funds were not yet appropriated by law or ordinance. asked the owner if he could possibly deposit the bags of cement in his garage to prevent the same from being wet. Illustration: A certain road is to be cemented. The crime of technical malversation is also committed. What the government cashier did was to send the janitor. So the bags of cement were transferred to the garage of the private person.  To distinguish this article with Art 217. the crime committed is simple malversation only. the crime is plain and simple malversation. of public funds or property. the crime of malversation is also committed. The owner of the house. He told the occupant of the house to safeguard the amount because it is the payroll money of the government laborers of a particular .

The crime is not theft but malversation as long as he knew that what was entrusted in his custody is public fund or property. make payment from such funds 2. Article 221 FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS OR PROPERTY ELEMENTS: a. Private individual who. INFIDELITY OF PUBLIC OFFICERS Article 223 CONNIVING WITH OR CONSENTING TO EVASION  ELEMENTS: a. either detention prisoner or prisoner by final judgment. revenue. the funds or property belong to private individuals. to deliver property in his custody or administration when ordered by competent authority c. have charge of any national. Administrator or depositary of funds or property that has been attached. b. Private individuals may also be liable for malversation if they act as conspirators in the commission of the crime. provincial or municipal funds. seized or deposited by public authority. Or 3) if they are ordered deposited pending determination of ownership in the administrative or judicial proceedings. Offender has gov’t funds or property in his possession b. He maliciously fails or refuses to do so  Note: Penalty is based on value of funds/property to be delivered Article 222 PERSONS WHO MAY BE HELD LIABLE UNDER ARTS 217 TO 221 a. He is under obligation to either: 1. in any capacity. but they are considered public funds or property if they come to the possession of the public officer because of 1) a writ of attachment. That the offender is a public officer (on duty). or 2) if they are seized by virtue of a search warrant. The occupant of the house accepted the money for his own use. That such prisoner escaped from his custody . or property b. That he is charged with the conveyance or custody of a prisoner. even if owned by a private individual  Sheriffs and receivers fall under the term “administrator”  A judicial administrator in charge of settling the estate of the deceased is not covered by the article Here. c. 131 Elements and Notes in Criminal Law Book II by RENE CALLANTA project.

including using him as a cook is liable for faithlessness in the custody of prisoner (Art. c. To be liable. Article 225 ESCAPE OF PRISONERS UNDER THE CUSTODY OF A PERSON NOT A PUBLIC OFFICER  ELEMENTS: . (People vs.  The fact that the public officer recaptured the prisoner who had escaped from his custody does not afford complete exculpation  The liability of an escaping prisoner: a. 580).A. the negligence must be notorious and apparent.A. Penalty based on nature of imprisonment  The article punishes a definite laxity which amounts to deliberate non-performance of a duty Not every error is negligence under this article. if he is a prisoner by final judgment. Neither is mere leniency or laxity in the performance of duty constitutive of infidelity  There is real and actual evasion of service of sentence when the custodian permits the prisoner to obtain a relaxation of his imprisonment A municipal mayor who utilized the prisoner’s services for domestic chores in his house. either detention prisoner or prisoner by final judgment. The negligence which is punishable however is not such definite laxity at all but that which amounts to deliberate non-performance of the jailer or the guard. arrested for and charged with some crime or public offense  The release of a detention prisoner who could not be delivered to judicial authorities within the time fixed by law is not infidelity in the custody of a prisoner. 38 O. C. he does not incur criminal liability (unless cooperating with the offender). he is liable for evasion of service (art 157) b. (People vs. in as much as the prisoner’s leaving the prison was effected through him. 158). Evangelista. The laxity must be definite and must seriously suggest a deliberate non-performance of a duty. So that if a policemen on guard duty unlocked the door of the jail to let a detention prisoner go out so he can clean the premises. 132 Elements and Notes in Criminal Law Book II by RENE CALLANTA d. the crime is not committed. d. 43 O. b.G. Solis. Article 224 EVASION THROUGH NEGLIGENCE  ELEMENTS: a. C. if he is a detention prisoner. That he was in connivance with the prisoner in the latter’s escape  Detention prisoner: refers to a person in legal custody. but on the latter’s third trip to a nearby faucet. That such prisoner escapes through his negligence. 223) even though the convict may not have fled. he walked behind the police headquarters climbed over the wall and escape. That he is charged with the conveyance or custody of a prisoner. That the offender is a public officer.G.

ORTEGA NOTES: The crime is infidelity in the custody of prisoners if the offender involved is the custodian of the prisoner. 133 Elements and Notes in Criminal Law Book II by RENE CALLANTA a. If the offender who aided or consented to the prisoner’s escaping from confinement. After the prisoner was handcuffed in his hands. talked to the head of the family of that house and asked him if he could give the custody of the prisoner to him. he went to a nearby house. Note that you do not apply here the principle of conspiracy that the act of one is the act of all. the crime committed by him is delivering prisoners from jail. The crime of infidelity in the custody of prisoners can be committed only by the custodian of the prisoner. whether the prisoner is a convict or a detention prisoner. The prisoner said. That the conveyance or custody of a prisoner or person under arrest is confined to him. He said yes. Illustration: A policeman escorted a prisoner to court. is not the custodian. this crime is delivering prisoners from jail. The party who is not the custodian who conspired with the custodian in allowing the prisoner to escape does not commit infidelity in the custody of the prisoner. or that the escape takes place through his negligence  Note: This article is not applicable if a private person made the arrest and he consented to the escape of the person he arrested The offender under this article is not the one who arrested the escaping prisoner but one who agreed to have the custody or charge of the prisoner or person under arrest. That the prisoner or person under arrest escapes. you can come with me and I . the crime is delivering prisoners from jail under Article156. He commits the crime of delivering prisoners from jail. When he could no longer control the prisoner. This crime can be committed also by a private person if the custody of the prisoner has been confided to a private person. if you would allow me to leave. After the court hearing. told the custodian to leave the door of the cell unlocked for the prisoner to escape. Thereafter. Question & Answer If a private person approached the custodian of the prisoner and for a certain consideration. That the offender consents to the escape of the prisoner or person under arrest. That the offender is a private person (note: must be on duty) b. If the jail guard who allowed the prisoner to escape is already off-duty at that time and he is no longer the custodian of the prisoner. the policeman expired. “Yes. The infidelity is only committed by the custodian. this policeman was shot at with a view to liberate the prisoner from his custody. d. c. What crime had been committed? It is not infidelity in the custody of prisoners because as far as the private person is concerned. The policeman fought the attacker but he was fatally wounded. the head of the family of that private house asked the prisoner if he could afford to give something so that he would allow him to go.

That he abstracts. that would call for the imposition of a heavier penalty. A higher degree of vigilance is required. but damage to public interest may consist in mere alarm to the public or the alienation of its confidence on any branch of the government service. Failure to do so will render the custodian liable. d. If the crime is delivering prisoners from jail. Negligence contemplated here refers to deliberate abandonment of duty. OR DESTRUCTION OF DOCUMENTS  ELEMENTS: a. but not a separate charge of bribery under Article 156. This is a case of infidelity in the custody of prisoner through negligence under Article 224. while performing a private function by virtue of a provision of law. the crime is infidelity. c. the crime can be committed by a private person to whom the custody of a prisoner has been confided. The act of obstruction. Police officer was accused of infidelity. If he violates the trust because of some consideration. That the said document or paper should have been entrusted to such public officer by reason of his office. For that. whether serious or not. So the crime committed by him is infidelity in the custody of prisoners and bribery.” This private persons went with the prisoner and when the money was given. bribery is also committed. he allowed him to go. Damage to a third party is usually pecuniary. destroys or conceals a document or papers. to a third party or to the public interest should have been caused. Illustration: A prison guard accompanied the prisoner in the toilet. . that according to a recent Supreme Court ruling. INFIDELITY IN CUSTODY OF DOCUMENTS Article 226 REMOVAL. under Article 156. Prison guard should not go to any other place not officially called for. shall accept any consideration or gift for the non-performance of a duty confided to him. But under Article 225 in infidelity. 134 Elements and Notes in Criminal Law Book II by RENE CALLANTA will give the money to you. failure to accompany lady prisoner in the comfort room is a case of negligence and therefore the custodian is liable for infidelity in the custody of prisoner. The prevailing ruling is against laxity in the handling of prisoners. police officer waiting there. CONCEALMENT. however. until the prisoner escaped. What crime/s had been committed? Under Article 225. what is basically punished is the breach of trust because the offender is the custodian. destruction or concealment must cause damage to a third party or to the public interest. There is no criminal liability because it does not constitute negligence. Note. bribery is just a means. Bribery is also committed. b. While answering the call of nature. That the offender be a public officer. That damage. Where such private person.

Sandiganbayan. material damage is not necessary. However. If the removal of the document is for a lawful purpose and that is. Jan. periodicals. It is immaterial whether or not the illicit purpose of the offender has been accomplished Removal of public records by the custodian does not require that the record be brought out of the premises where it is kept. If damage is caused to the public service.  Infidelity in the custody of documents through destruction or concealment does not require proof of an illicit purpose Where in case for bribery or corruption. such considerations acquires the nature of a document such that if the same would be spent by the custodian the crime is not malversation but Infidelity in the custody of public records. to profit by it c. Although such monetary consideration acquires the nature of a document. the monetary considerations was marked as exhibits. 30. People.  There is illicit purpose when the intention of the offender is to: a. G. to secure the same from imminent danger or loss. destruction or concealment should be coupled with criminal intent or malice (Manzanaris vs. Example. photocopies may be presented in evidence. to commit any act constituting a breech of trust in the official thereof The act of removal. No. 64750. Its nature to prove the existence of a fact is lost such that it cannot anymore prove the probability or improbability of a fact in issue. (Kataniag vs. the public officer is criminally liable for infidelity in the custody of official documents. 1984). Destruction means to render the document useless. mere delay in rendering public service is considered damage.. the best evidence rule does not apply here.  A post office official who retained the mail without forwarding the letters to their destination is guilty of infidelity in the custody of papers  Removal of a document or paper must be for an illicit purpose.  Removal is consummated upon removal or secreting away of the document from its usual place. tamper with it b. et al. because the money adduced as exhibits partake the nature of a document and not as money. promissory notes and paper money Removal of a document presupposes unlawful appropriation of the official document.R.  The offender must be in custody of such documents . Although there is no material damage caused. 135 Elements and Notes in Criminal Law Book II by RENE CALLANTA  The document must be complete and one by which a right could be established or an obligation could be extinguished  Books. 45). It is enough that the record be removed from the place where it should be and transferred to another place where it is not supposed to be kept. Concealment on the other hand means to make it appear that the document is not available.  Delivering the document to the wrong party is infidelity in the custody thereof  The damage may either be great or small Damage to public interest is necessary. 74 Phil. pamphlets etc are not documents  “Papers” would include checks. there is no crime committed under the law.

the offender purposely destroyed and damaged the property/document. The offender does not have to misappropriate the same. If the writings are mere form. because the custodian managed to open the parcel without breaking the seal. Distinction between infidelity and theft There is infidelity if the offender opened the letter but did not take the same. A crime is already committed regardless of whether the contents of the document are secret or private. In "breaking of seal". which has not been signed by the Mayor. there is no crime. That he breaks the seals or permits them to be broken. The mere breaking of the seal or the mere opening of the document would already bring about infidelity even though no damage has been suffered by anyone or by the public at large. b. damage is presumed If the official document is sealed or otherwise placed in an official envelope. Illustration: As regard the payroll. That he is charged with the custody of papers or property. There is theft if there is intent to gain when the offender took the money. That these papers or property are sealed by proper authority. Note that the document must be complete in legal sense. Just trying to discover or look what is inside is infidelity already. d. Public trust is already violated if he managed to look into the contents of the document. c. In malicious mischief. Even if actually. 136 Elements and Notes in Criminal Law Book II by RENE CALLANTA Distinction between infidelity in the custody of public document. . the seal was not broken. It is enough that it is entrusted to him in a sealed form or in a closed envelope and he broke the seal or opened the envelop. the element of damage is not required. the offender is the custodian of the official document removed or concealed. Article 227 OFFICER BREAKING SEAL  ELEMENTS : a. no infidelity is committed because the document is not yet a payroll in the legal sense since the document has not been signed yet. That the offender is a public officer. estafa and malicious mischief In infidelity in the custody of public document. In estafa.  It is the breaking of the seals and not the opening of a closed envelope which is punished  Damage or intent to cause damage is not necessary. the offender is not the custodian of the document removed or concealed. the word "breaking" should not be given a literal meaning.

The breaking of the seal or the opening of the closed document must be done without lawful authority or order from competent authority.  Note: Damage also not necessary In Article 227. That he knows of a secret by reason of his official capacity. the mere opening of closed documents is enough to hold the offender criminally liable. Secret must affect public interest The secrets referred to in this article are those which have an official or public character. Espionage for the benefit of another State is not contemplated by the article. b. Secrets of a private individual is not included c. the mere breaking of the seal is what is made punishable while in Article 228. That the offender is a public officer. c. That he reveals such secret without authority or justifiable reasons. documents or objects. documents. 137 Elements and Notes in Criminal Law Book II by RENE CALLANTA Article 228 OPENING OF CLOSED DOCUMENTS  ELEMENTS: a. b. d. It does not include secret information regarding private individuals. d. or objects are entrusted to his custody. REVELATION OF SECRETS Article 229 REVELATION OF SECRET BY AN OFFICER  ELEMENTS OF PAR. the crime may be espionage. . (damage is essential)  Notes: a. That he opens or permits to be opened said closed papers. a crime in violation of the national security of the State. In both offenses. That the offender is a public officer. b. damage to the public interest is not required. c. That damage. That he has charge of papers. Nor does it include military or State secrets in as much as the revelation of the same is classified as espionage.1: BY REASON OF HIS OFFICIAL CAPACITY a. That he does not have proper authority. b. be caused to the public interest.  ELEMENTS OF PAR 2 – DELIVERING WRONGFULLY PAPERS OR COPIES OF PAPERS OF WHICH HE MAY HAVE CHARGE AND WHICH SHOULD NOT BE PUBLISHED: a. That any closed papers. If regarding military secrets or secrets affecting state security. That the offender is a public officer. great or small.

decision or order of superior authority. That damage be caused to public interest. That the offender is a public officer b. That he knows of the secret of a private individual by reason of his office. b. 138 Elements and Notes in Criminal Law Book II by RENE CALLANTA c. On the other hand. that the offender without any legal justification openly refuses to execute the said judgment. d. That he reveals such secrets without authority or justification reason. That there is a judgment. and the public officer having charge thereof removes and delivers them wrongfully to a third person. if the papers do not contain secrets. Damage is essential to the act committed Article 230 PUBLIC OFFICER REVEALING SECRETS OF PRIVATE INDIVIDUAL  ELEMENTS: a. That he delivers those papers or copies thereof to a third person. That those papers should not be published. c.  Notes: a. f. he is not liable under this article b. That the delivery is wrongful. That such judgment. their removal for an illicit purpose is infidelity in the custody of documents c. c. That the offender is a judicial or executive officer. . “Charge”: means custody or control. If the papers contain secrets which should not be published. d. If he is merely entrusted with the papers and not with the custody thereof. e.  Revelation to one person is sufficient  If the offender is an attorney. he is properly liable under Art 209 (betrayal of trust by an attorney)  Damage to private individual is not necessary OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS Article 231 OPEN DISOBEDIENCE  ELEMENTS: a. decision or order was made within the scope of the jurisdiction of the superior authority and issued with all the legal formalities. the crime is revelation of secrets. decision or order which he is duty bound to obey.

c. Hence. c. so as to give him time to further study the same. That the offender fails to do so maliciously. That the offender disobeys his superior despite the disapproval of the suspension. That the offender is a public officer. decision or order may also direct the non-performance of an act. That a competent authority demands from the offender that he lend his cooperation towards the administration of justice or other public service.  Involves a request from one public officer to another  Damage to the public interest or third party is essential . He commits no crime for doing this act. That his superior disapproves the suspension of the execution of the order. That an order is issued by his superior for execution.  Note: Judgment should have been rendered in a hearing and issued within proper jurisdiction with all legal solemnities required The term “execute” as found in the law does not only means performance of an act since the judgment. However. The article does not apply to the members of Congress. Article 233 REFUSAL OF ASSISTANCE  ELEMENTS: a. Article 232 DISOBEDIENCE TO ORDER OF SUPERIOR OFFICER WHEN SAID ORDER WAS SUSPENDED BY INFERIOR OFFICER  ELEMENTS: a. he is afforded an opportunity to suspend the execution of the order. such refusal on his part already constitutes a crime punishable under this article. 139 Elements and Notes in Criminal Law Book II by RENE CALLANTA The gravamen of the offense is the open refusal of the offender to execute the order without justifiable reason.  Note: A public officer is not liable if the order of the superior is illegal What is contemplated here is a situation where the subordinate has some doubts regarding the legality of the order. e. b. That he has for any reason suspended the execution of such order. b. d. That the offender is a public officer. if he continues to suspend the execution of the order notwithstanding the disapproval by his superior of the stay of the execution.

That the offender is a public officer or employee. This is a crime. Article 234 REFUSAL TO DISCHARGE ELECTIVE OFFICE  ELEMENTS: a. That the offender is elected by popular election to a public office. Competent authority may refer to persons in authority who are charged by the law to help in the administration of justice.  Demand is necessary The situation contemplated herein may refer to the administration of justice before the case is filed in court. the remedy may not be limited to incurring criminal liability under this article because the refusal may already be punished as direct or indirect contempt of court. when a case under investigation reaches the court. then his refusal to perform such duty is punishable under the law. Since it is his duty. That he refuses to be sworn in or discharge the duties of said office. That he maltreats such prisoner in either of the following manners: 1. By overdoing himself in the correction or handling of a prisoner or detention prisoner under his charge either – . Note that the refusal must be done with malice. He tried to assail the subpoena so that ultimately the case would be dismissed. b. being subpoenaed to appear in court in connection with a crime investigated by him but because of some arrangement with the offenders. That he has under charge a prisoner or detention prisoner (otherwise the crime is physical injuries) c. It was already held that the policeman could be prosecuted under this crime of refusal of assistance and not that of dereliction of duty. it becomes his duty to render public service. c. After proclamation of a candidate to a public office. The term may refer to police authorities. b. However. That there is no legal motive for such refusal to be sworn in or to discharge the duties of said office. the policeman does not appear in court anymore to testify against the offenders. which a policeman may commit when.  Note: Even if the person did not run for the office on his own will as the Constitution provides that every citizen may be required to render service Article 235 MALTREATMENT OF PRISONERS  ELEMENTS: a. 140 Elements and Notes in Criminal Law Book II by RENE CALLANTA Damage is essential whether great or small. But the penalty is affected by the seriousness of the damage.

If the maltreatment was done in order to extort confession. The penalty is qualified to the next higher degree. Any kind of punishment not authorized or though authorized if executed in excess of the prescribed degree. The maltreatment does not really require physical injuries. “What is this fellow doing here? What crime has he committed?”. a separate crime for the physical injuries shall be filed.  The public officer must have actual charge of the prisoner in order to be held liable If the public officer is not the custodian of the prisoner. he would inflict injury to him. he would ask. If a Barangay Captain maltreats a person after the latter’s arrest but before confinement. The other policeman would then tell. To be a prisoner. Illustration: A certain snatcher was arrested by a law enforcer. 235 to apply. the offense is not maltreatment but physical injuries. therefore. But if it is the custodian who effected the maltreatment . (People vs. the constitutional right of the prisoner is further violated. et al. the crime will be maltreatment of prisoners plus a separate charge for physical injuries. . But if as a result of the maltreatment. The crime is only physical injuries. “This fellow is a snatcher. But if the custodian is present there and he allowed it . physical injuries were caused to the prisoner. by maltreating such prisoner to extort a confession or to obtain some information from the prisoner. or 2. 141 Elements and Notes in Criminal Law Book II by RENE CALLANTA  by the imposition of punishments not authorized by the regulations. The victim must actually be confined either as a convict or a detention prisoner for Art. This is not maltreatment of prisoner because the offender is not the custodian. That the offender is entitled to hold a public office or employment. You do not complex the crime of physical injuries with the maltreatment because the way Article 235 is worded.G.. turned over to the custodian of that police precinct. 1366). brought to the police precinct. The mere fact that a private citizen had been apprehended or arrested by a law enforcer does not constitute him a prisoner. 37 O. it prohibits the complexing of the crime. Every time a policeman entered the police precinct. but not for maltreatment because it was not the custodian who inflicted the injury. then he will be liable also for the physical injuries inflicted. either by election or appointment. and he manhandles the latter. he must have been booked and incarcerated no matter how short it is. the crime is physical injuries.” So every time a policeman would come in.  To be considered a detention prisoner. or  by inflicting such punishments (those authorized) in a cruel and humiliating manner.  Offender may also be held liable for physical injuries or damage caused Article 236 ANTICIPATION OF DUTIES OF A PUBLIC OFFICE  ELEMENTS: a. the person arrested must be placed in jail even for just a short while The offended party here must be a prisoner in the legal sense. Baring.

That he assumes the performance of the duties and powers of such office. That his resignation has not yet been accepted. This requirement is indispensable because the letter of resignation goes into a process. c. d. Article 238 ABANDONMENT OF OFFICE OR POSITION ELEMENTS: a. That the period provided by law. That he formally resigns from his position. That he abandons his office to the detriment of the public service. prosecuting or punishing any of the crimes against national security. That he continues to exercise the duties and powers of such office. separated or declared over-aged or dismissed The crime is committed only if the public officer has lost every right to the office because there are offices which require the officer to continue serving as such properly relieved.  Note: The article contemplates officers who have been suspended. That the law requires that he should first be sworn in and/or should first give a bond.  There must be formal or written resignation Oral resignation is not allowed. conspiracy and proposal to commit conspiracy c. The law is intended to put an end to the “principle of hold – over”. c. inciting to war or giving motives to reprisals f. treason b. d. c. The resignation must be in writing and directed to the appointing power who has the authority to accept or disapprove the same. violation of neutrality g. correspondence with hostile country h. b. flight to enemy country .  The offense is qualified if the purpose behind the abandonment is to evade the discharge of duties consisting of preventing. That the offender is holding a public office. That the offender is a public officer. That he has not taken his oath of office and /or given the bond required by law. espionage e. regulations or special provisions for holding such office has already expired. The penalty is higher ( one degree ). 142 Elements and Notes in Criminal Law Book II by RENE CALLANTA b. misprision of treason d. Article 237 PROLONGING PERFORMANCE OF DUTIES AND POWERS  ELEMENTS: a. This involves the following crimes: a. b.

b.) assumes judicial powers. disloyalty to public officers m. That he (a. inciting to sedition Abandonment of Office or Position (238) Dereliction of Duty (208) There is actual abandonment through Public officer does not abandon his office but resignation to evade the discharge of duties.  Note: Legislative officers are not liable for usurpation of executive functions Article 241 USURPATION OF JUDICIAL FUNCTIONS ELEMENTS: a. That the offender is an executive or judicial officer.) suspends the execution thereof. b. rebellion k. piracy and mutiny on the high seas j.) obstructs executive authorities in the lawful exercise of their powers.) attempts to repeal a law or (c. merely fails to prosecute a violation of the law. conspiracy to commit sedition p. 143 Elements and Notes in Criminal Law Book II by RENE CALLANTA i. Article 239 USURPATION OF LEGISLATIVE POWERS ELEMENTS: a. That the offender is a judge. conspiracy and proposal to commit rebellion l. or (b.) assumes a power pertaining to the executive authorities. That he (a.  Note: A mayor is guilty under this article when he investigates a case while a justice of the peace is in the municipality . That he (a.) obstruct the execution of any order decision rendered by any judge within his jurisdiction. That the offender is an officer of the executive branch of the government. sedition o. inciting to rebellion n. Article 240 USURPATION OF EXECUTIVE FUNCTIONS ELEMENTS: a. b. or (b.) makes general rules or regulations beyond the scope of his authority or (b.

That such person lacks the legal qualification therefor. That the order or suggestion relates to any case or business coming within the exclusive jurisdiction of the courts of justice. That the offender knows that his nominee or appointee lacks the qualification at the time he made the nomination or appointment. That the offender is a public officer. Article 243 ORDERS OR REQUESTS BY EXECUTIVE OFFICER TO ANY JUDICIAL AUTHORITY ELEMENTS: a. That he has been lawfully required to refrain from continuing the proceeding. e.  There must be a law providing for the qualifications of a person to be nominated or appointed to a public office . d. c. d. b.  Note: Legislative or judicial officers are not liable under this article Article 244 UNLAWFUL APPOINTMENTS ELEMENTS: a. That he nominates or appoints a person to a public office. That he continues the proceeding. which is not yet decided. That he addresses any order or suggestion to any judicial authority. That there is a question brought before the proper authority regarding his jurisdiction. b. Recommendation on the other hand does not make any guarantee as to the legal fitness of the candidate to public office.” To nominate is to guarantee to the appointing power that the person nominated has all the qualifications to the office.  Recommending. 144 Elements and Notes in Criminal Law Book II by RENE CALLANTA Article 242 DISOBEYING REQUEST FOR DISQUALIFICATION ELEMENTS: a. That the offender is an executive officer. b. That the offender is a public officer. That a proceeding is pending before such public officer. c. but whether he obeyed or disobeyed the temporary restraining order issued by the higher authority. he is still liable because what is in issue is not the legality of his jurisdiction. knowing that the person recommended is not qualified is not a crime The word “nominate” is not the same as “recommend. Even if the jurisdiction of the offender is later upheld or sustained. c.

advantage or preference to a person under his custody. the demand is for sexual favor. In this case. it is submitted that this crime could be committed. sister or relative within the same degree by affinity of the person in the custody of the offender Only a lady can be a complainant here so that a gay guard or warden who makes immoral proposals or indecent advances to a male prisoner is not liable under this law. Men have no chastity. Mere proposal is sufficient to consummate the crime. Mere indecent solicitation or advances of a woman over whom the public officer exercises a certain influence because the woman is involved in a case where the offender is to make a report of result with superiors or otherwise a case which the offender was investigating. This crime is also committed if the woman is a prisoner and the offender is her jail warden or custodian. under the custody of the offender who is a warden or other public officer directly charged with care and custody of prisoners or person under arrest. or even if the prisoner may be a man if the jail warden would make the immoral solicitations upon the wife. the wife. daughter. That such woman must be – 1.  The mother of the person in the custody of the public officer is not included This crime cannot be committed if the warden is a woman and the prisoner is a man. interested in matters pending before the offender for decision. If the warden is also a woman but is a lesbian. b. 145 Elements and Notes in Criminal Law Book II by RENE CALLANTA Article 245 ABUSES AGAINST CHASTITY ELEMENTS: a.  Solicit: means to propose earnestly and persistently something unchaste and immoral to a woman The word “solicit” means to demand earnestly. or relative by affinity within the same degree of the prisoner involved. . It must be immoral or indecent and done by the public officer taking advantage of his position as one who can help by rendering a favorable decision or unwarranted benefits. Even if the woman may have lied with the hearing officer or to the public officer and acceded to him. or 2. That he solicits or makes immoral or indecent advances to a woman. daughter. that does not change the crime because the crime seeks to penalize the taking advantage of official duties. as the law does not require that the custodian be a man but requires that the offended be a woman. That the offender is a public officer. or with respect to which he is required to submit a report to or consult with a superior officer. or 3. sister.  The crime is consummated by mere proposal It is not necessarily for the offended party to surrender her virtue to consummate the crime. c.

allowances. Complaints to be handled by a committee on decorum. he is not supposed to do that. request or requirement for submission is accepted by the object of the said act (for a passing grade. which shall be determined by rules and regulations on such. another crime is committed. requests.  Proof of solicitation is not necessary when there is sexual intercourse Republic Act No. . considerations. a prisoner is an accountability of the government. the head of the office. rape aside from abuse against chastity. that is. promotions or when the refusal to do so results in a detrimental consequence for the victim). training or education environment when he or she demands. favorable compensation terms. Even if the prisoner may like it. If he forced himself against the will of the woman. Administrative sanctions shall not be a bar to prosecution in the proper courts for unlawful acts of sexual harassment. Also holds liable any person who directs or induces another to commit any act of sexual harassment. 146 Elements and Notes in Criminal Law Book II by RENE CALLANTA It is immaterial whether the woman did not agree or agreed to the solicitation. influence or moral ascendancy over another in a work. abuse against chastity is committed. 7877 (Anti-Sexual Harassment Act) Committed by any person having authority. You cannot consider the abuse against chastity as absorbed in the rape because the basis of penalizing the acts is different from each other. or otherwise requires any sexual favor from the other regardless of whether the demand. attempted rape may have been committed. If the woman did not agree and the public officer involved pushed through with the advances. or payment of a stipend. or granting of scholarship or honors. conditions. educational or training institution solidarily. Legally. or who cooperates in the commission. Otherwise. benefits. So the custodian is not supposed to interfere.

2. 251). 256). Less serious physical injuries (Art. Discharge of firearms (Art. 261). 257). 260). 262). Mutilation (Art. 8. Slight physical injuries and maltreatment (Art. 16. 266-A). 18. 4. Parricide (Art. 6. Administering injurious substances or beverages (Art. Physical injuries inflicted in a tumultuous affray (Art. Unintentional abortion (Art. 265). 249). 258). 12. 263). Infanticide (Art. 266). 246). Death caused in a tumultuous affray (Art. Intentional abortion (Art. 17. 264). 14. 3. Homicide (Art. 15. Challenging to a duel (Art. Abortion practiced by the woman herself or by her parents (Art. 9. 255). 5. 10. 253). 13. . 259). 248). Abortion practiced by a physician or midwife and dispensing of abortives (Art. 11. 254). and 20. Giving assistance to suicide (Art. 147 Elements and Notes in Criminal Law Book II by RENE CALLANTA TITLE EIGHT CRIMES AGAINST PERSONS Crimes against persons 1. Rape (Art. Duel (Art. 7. Murder (Art. Serious physical injuries (Art. 252). 19.

the relationship with the killer must be legitimate. The same is true with other descendants – that is. 5. Parents and children are not included in the term “ascendants” or “descendants” 3. That the deceased is killed by the accused. great grandparents. This is immaterial to the crime of parricide. The other ascendant or descendant must be legitimate. the illegitimate daughter. B married C and they begot a legitimate child D. That the deceased is the father. the crime committed is homicide or murder. an illegitimate son of B. the grandmother. The only illegitimate relationship that can bring about parricide is that between parents and illegitimate children as the offender and the offended parties. Notes: 1.). would kill A. The relationship between the offender and the offended party must be legitimate. the crime is infanticide and intent to conceal her dishonor is considered mitigating. except when the offender and the offended party are related as parent and child. Hence. or a legitimate other ascendant or other descendant. Otherwise. the father. parricide can no longer be committed. The child should not be less than 3 days old. grandchildren. whether legitimate or illegitimate. 148 Elements and Notes in Criminal Law Book II by RENE CALLANTA DESTRUCTION OF LIFE Article 246 PARRICIDE ELEMENTS: 1. the offense is infanticide That the mother killed her child in order to conceal her dishonor is not mitigating . Except between husband and wife. That a person is killed. daughter of B and C. The relationship of the offender with the victim is the essential element of the felony The relationship must be in the direct line and not in the collateral line. are separated by an intervening illegitimate relationship. great grandchildren. On the other hand. A. 2. etc. 2. Relationship must be alleged . the offender must be related to the offended party by blood. If the child is less than three days old when killed. The relationship between A and D is no longer legitimate. or the legitimate spouse of the accused. is not guilty of Parricide because in case of other ascendants (grandparents. or child. unlike in the case of infanticide. who killed the legitimate father of the latter. If D. although related by blood and in the direct line. 4. Illustration: A is the parent of B. The illegitimate relationship between the child and the parent renders all relatives after the child in the direct line to be illegitimate too. the crime cannot be parricide anymore because of the intervening illegitimacy. mother. 3. mother or child may be legitimate or illegitimate If the offender and the offended party. etc.

In a ruling by the Supreme Court. parricide can be committed by mistake. A stranger who cooperates in committing parricide is liable for murder or homicide Since parricide is a crime of relationship. it was held that if the information did not allege that the accused was legally married to the victim. in effect. The treachery that was employed in killing Bong will only be generic aggravating circumstance in the crime of parricide because this is not one crime that requires a qualifying circumstance. as the case may be. Similarly. Also. If a Muslim husband could commit this crime more than once. His participation would make him liable for murder or for homicide. The penalty will not be under Article 246 but under Article 365. relationship shall be appreciated as generic aggravating circumstance. the information should allege the fact of such valid marriage between the accused and the victim. treachery becomes a qualifying circumstance. the offender will not be punished under Article 246 but under Article 49. A legally married person or parent surprises his spouse or daughter (the latter must be under 18 and living with them) in the act of committing sexual intercourse with another person 2. C is the stranger in the relationship. 149 Elements and Notes in Criminal Law Book II by RENE CALLANTA In killing a spouse. There is no parricide if the other wives are killed although their marriage is recognized as valid. He/she kills any or both of them or inflicts upon any or both of them any serious physical injury in the act or immediately thereafter . Although the crime committed is parricide. as a stranger who cooperated in the killing. The rule of conspiracy that the act of one is the act of all does not apply here because of the personal relationship of the offender to the offended party. 7. there must be a valid subsisting marriage at the time of the killing. makes the crime murder. insofar as C is concerned. he is still liable for parricide because the law does not require knowledge of the relationship Article 365 expressly provides that parricide can be committed through reckless imprudence. he is being punished for the marriage which the law itself authorized him to contract. This is demonstrated in a situation where a person wanting to kill a stranger. which prescribes a penalty much lower than that provided under Article 246. The Supreme Court has also ruled that Muslim husbands with several wives can be convicted of parricide only in case the first wife is killed. But that same treachery. 6. he could not be convicted of parricide even if the marriage was established during the trial. kills his own father by mistake. This is so because a Catholic man can commit the crime only once. In such cases. As far as A is concerned. The means employed is made known to A and A agreed that the killing will be done by poisoning. Even if the offender did not know that the person he had killed is his son. he cannot be held liable for parricide. the crime is based on his relationship with B. if a stranger conspired in the commission of the crime. Article 247 DEATH OR PHYSICAL INJURIES UNDER EXCEPTIONAL CIRCUMSTANCES Requisites: 1. C killed B with treachery. Illustration: A spouse of B conspires with C to kill B. It is therefore parricide.

Notes: 1. there should be no break of time. far from defining a felony merely grants a privilege or benefit. 7. the article cannot be invoked anymore. it is enough that circumstances reasonably show that the carnal act is being committed or has been committed It is not necessary that the spouse actually saw the sexual intercourse being committed. killed them. 150 Elements and Notes in Criminal Law Book II by RENE CALLANTA 3. this article may be applied if the mistake of facts is proved. 8. Not necessary that the parent be legitimate 3. Article applies only when the daughter is single 4. In other words. If there was already a break of time between the sexual act and the killing or inflicting of the injury. Immediately thereafter: means that the discovery. 6. The article does not apply where the wife was not surprised in flagrant adultery but was being abused by a man as in this case there will be defense of relation. he/she will be guilty of Parricide and Murder or Homicide if the victims were killed. the law presupposes that the offender regained his reason and therefore. the article will not apply anymore. The benefits of this article do not apply to the person who consented to the infidelity of his spouse or who facilitated the prostitution of his wife. However. Surprise: means to come upon suddenly or unexpectedly 5. Article does not define or penalize a felony Article 247. If the accused fails to establish the circumstances called for in Article 247. Art 247 is applicable when the accused did not see his spouse in the act sexual intercourse with another person. The killing must be the direct by-product of the rage of the accused Article 247 does not provide that the victim is to be killed instantly by the accused after surprising his spouse in the act of intercourse. pursuit and the killing must all form parts of one continuous act The phrase “immediately thereafter” has been interpreted to mean that between the surprising and the killing of the inflicting of the physical injury. Death under exceptional character can not be qualified by either aggravating or mitigating circumstances. and believing the woman to be his wife. Sexual intercourse does not include preparatory acts So if the surprising took place before any actual sexual intercourse could be done because the parties are only in their preliminaries. He has not promoted or facilitated the prostitution of his wife or daughter. What is required is that the killing is the proximate result of the outrage . escape. or that he has not consented to the infidelity of the other spouse. It is enough that he/she surprised them under such circumstances that no other reasonable conclusion can be inferred but that a carnal act was being performed or has just been committed. more of an exempting circumstance as the penalty is intended more for the protection of the accused than a punishment. 2. it must be a continuous process. If the offender surprised a couple in sexual intercourse.

explosion. by means of inundation. If death results or the physical injuries are serious. the accused did not commit murder when he fired at the paramour of his wife. The principle that one is liable for the consequences of his felonious act is not applicable because he is not committing a felony In the case of People v. (3) Homicide – through simple negligence. stranding of vessel. or employing means to weaken the defense or of means or persons to insure or afford impunity b. there is criminal liability although the penalty is only destierro. second paragraph of Article 365. If the crime committed is less serious physical injuries or slight physical injuries. That the accused killed him. 2. the accused is not liable. (4) Physical injuries – through reckless imprudence. with the aid or armed men. by means of motor vehicles or with the use of any other means involving great waste or ruin . The banishment is intended more for the protection of the offender rather than a penalty. 3. 151 Elements and Notes in Criminal Law Book II by RENE CALLANTA overwhelming the accused upon the discovery of the infidelity of his spouse. in consideration of price. if a third party is killed. Article 248 MURDER ELEMENTS : 1. Moreover. less serious physical injuries through simple negligence. 153 SCRA 735. poison. if a third party is injured. with treachery. No criminal liability is incurred when less serious or slight physical injuries are inflicted. The accused was held liable for negligence under the first part. That the killing was attended by any of the following qualifying circumstances a. No aberratio ictus because he was acting lawfully. derailment or assault upon a street car or locomotive. Inflicting death under exceptional circumstances is not murder. fall of airship. in case third persons caught in the crossfire suffer physical injuries. The killing should have been actually motivated by the same blind impulse. 9. shipwreck. fire. (2) Murder or homicide – depending on how the killing was done insofar as the paramour or the mistress is concerned. A complex crime of double frustrated murder was not committed as the accused did not have the intent to kill the two victims. there is no criminal liability. A person who acts under Article 247 is not committing a crime. taking advantage of superior strength. reward or promise c. that is. Abarca. Since this is merely an exempting circumstance. Here. the accused must first be charged with: (1) Parricide – if the spouse is killed. two persons suffered physical injuries as they were caught in the crossfire when the accused shot the victim. That a person was killed.

or of an earthquake. methods or forms in the execution thereof that tend directly and especially to insure its execution without risk to himself arising from the defense which the offended party might make. Notes: While the circumstance of “by a band” is not among those enumerated that could qualify killing to murder. methods. with evident premeditation f. Otherwise. aid or armed men. taking advantage of superior strength. the crime is murder because the circumstance of “with the aid of armed men” is included in the qualifying circumstances. Any of the qualifying circumstances must be alleged in the information. destructive cyclone. it would seem that if the killers constituted a band. Otherwise. they cannot be treated or separated as generic aggravating circumstances. Cagoco. . Remalante. The victim must be killed in order to consummate the offense. on occasion of any of the calamities enumerated in the preceding paragraph. 92 Phil. There is treachery when the offender commits any of the crimes against the person employing means. in which case. or of means or persons to insure or afford impunity. Nocturnity becomes a means that constitutes treachery and the killing would be murder. This circumstance involves means. any of the following qualifying circumstances is present: (1) Treachery. Illustration: A person who is determined to kill resorted to the cover of darkness at nighttime to insure the killing. 58 Phil. eruption of a volcano. 152 Elements and Notes in Criminal Law Book II by RENE CALLANTA d. they will only be considered as generic aggravating circumstances When the other circumstances are absorbed or included in one qualifying circumstance. (People vs. 48) 3. The killing is not parricide or infanticide. form in the execution of the killing which may actually be an aggravating circumstance also. it would be attempted or frustrated murder Killing a person with treachery is murder even if there is no intent to kill. or employing means to waken the defense. 530) 2. with cruelty. One might think the killing is homicide unless nocturnity is considered as constituting treachery. But if the aggravating circumstance of nocturnity is considered by itself. Treachery and premeditation are inherent in murder with the use of poison Ortega Notes: In murder. the treachery absorbs the same. it is not one of those which qualify a homicide to murder. in which case the crime is murder. by deliberately and inhumanely augmenting the suffering of the victim or outraging or scoffing at his person or corpse 4. epidemic or any other public calamity e. 1. (People vs.

Treachery is a circumstance referring to the manner of committing the crime. One attendant qualifying circumstance is enough. Treachery contemplates that the means. The accused can only be convicted of homicide. methods. there is no more treachery but the use of superior strength can be alleged and it also qualifies the killing to murder. . They thought they would give him a lesson by whipping him with branches of gumamela until the victim fell unconscious. So if the killing were at the “spur of the moment”. the particular circumstance must be alleged in the information . If there are more than one qualifying circumstance alleged in the information for murder. 153 Elements and Notes in Criminal Law Book II by RENE CALLANTA The essence of treachery is that the offended party was denied the chance to defend himself because of the means. The treachery must be alleged in the information. they seized and tied him to a tree. The crime committed was murder. resented the fact that the victim continued to visit a girl in their neighborhood despite the warning they gave him. only one circumstance will qualify the killing to murder and the other circumstances will be taken as generic. Generally. there is treachery. he will still be liable for murder if in the manner of committing the felony there was treachery and as a consequence thereof the victim died. The accused deprived the victim of the chance to defend himself when the latter was tied to a tree. The accused left not knowing that the victim died. It is a matter of whether or not the offended party was denied the chance of defending himself. with both arms and legs around the tree. To be considered qualifying. the same can not qualify the killing to murder. treachery qualifies the killing to murder. methods and form in the execution were consciously adopted and deliberately resorted to by the offender. There was no risk to the accused arising from the defense by the victim. murder cannot be committed if at the beginning. the offended was able to put up a defense. This is based on the rule that a person committing a felony shall be liable for the consequences thereof although different from that which he intended. But if the victim was able to put up an unsuccessful resistance. even if the latter constitutes a qualifying circumstance under Article 248. Instead. treachery is not available. If despite the means resorted to by the offender. and were not merely incidental to the killing. after the victim had visited the girl. If what was alleged was not proven and instead another circumstance. the crime would only be homicide. even though the victim was denied the chance to defend himself because of the suddenness of the attack. form in executing the crime deliberately adopted by the offender. the offended had no intent to kill because the qualifying circumstances must be resorted to with a view of killing the offended party. although unsuccessful. So one evening. was established during the trial. If the offended was denied the chance to defend himself. not alleged. three young men. Illustration: If the offender used superior strength and the victim was denied the chance to defend himself. Consider now whether such other circumstance qualifies the killing or not. Illustration: The accused. some other circumstance may be present. If the offender may have not intended to kill the victim but he only wanted to commit a crime against him in the beginning.

85 Phil. fire. intent to kill becomes irrelevant . apparently drenched with drink. reward or promises. destructive cyclone. slept in the same place together. Then. The only problem insofar as the killing by fire is concerned is whether it would be arson with homicide. 167 SCRA 439. a higher penalty will be applied. It was held that Pugay was guilty of homicide through reckless imprudence. stranding of a vessel. the accused Samson lit him up. and When the actual victim turns out to be different from the intended victim. (5) Evident premeditation. shrieking human torch. It was merely a part of their fun making but because their acts were felonious. Having gotten bored with their form of entertainment. even if there was no intent to kill. there was no intent to kill. If the primordial criminal intent of the offender is to destroy property with the use of pyrotechnics and incidentally. Then. there is treachery. with the mitigating circumstance of no intention to commit so grave a wrong. poison. The victim and the accused Pugay were friends and. So long as the means. But this is not a complex crime under Article 48. at times. premeditation is not aggravating. (3) Inundation.although originally. This is single indivisible crime penalized under Article 326. fall of an airship. However. 307) . methods and form in the execution is deliberately adopted. there was a town fiesta and the two accused were at the town plaza with their companions. All were uproariously happy. Pugay and Samson. 154 Elements and Notes in Criminal Law Book II by RENE CALLANTA Although what was initially intended was physical injury. or murder. (People vs. When killing was accomplished “by means of fire” alleged in the information. the manner adopted by the accused was treacherous and since the victim died as a consequence thereof. That somebody died during such fire would not bring about murder because there is no intent to kill in the mind of the offender. (2) In consideration of price. There was no animosity between the two accused and the victim such that it cannot be said that they resort to fire to kill him. the crime is only murder. or an earthquake. they are criminally liable. somebody within the premises is killed. which is death as a consequence of arson. it does not qualify killing to Murder unless the use of fire was employed to kill the victim. eruption of volcano. epidemic or any other public calamity. the crime is arson with homicide. accused Pugay went and got a can of gasoline and poured it all over the retard. He intended only to destroy property. explosion. When the victim is already dead. In People v. shipwreck. making him a frenzied. the primordial criminal intent of the offender is considered. by means of a motor vehicle. Guillen. a 25 year old retard walking nearby and they made him dance by tickling his sides with a piece of wood. the crime is murder -. It is important only if the victim did not die to determine if the felony is physical injury or attempted or frustrated homicide. (4) On occasion of any of the calamities enumerated in the preceding paragraph c. derailment or assault upon a street car or locomotive. or with the use of other means involving great waste and ruin. The retard died. the group saw the victim. When a person is killed by fire. If the primordial criminal intent of the offender is to kill and fire was only used as a means to do so. Samson only guilty of homicide.

such did not convert the offense into kidnapping with murder. any act that would amount to scoffing or decrying the corpse of the victim will qualify the killing to murder. or outraging or scoffing at his person or corpse. if the killer tried to dismember the different parts of the body of the victim. aside from cruelty. It goes beyond that because even if the victim is already a corpse when the acts deliberately augmenting the wrong done to him were committed. (6) Killing of the victims hit by hand grenade thrown at them is murder qualified by explosion not by treachery. reward or promise. then what would have murder because this circumstance is recognized under Article 248. The essence of kidnapping or serious illegal detention is the actual confinement or restraint of the victim or deprivation of his liberty. if without the premeditation the inductor would not have induced the other to commit the act but not as regards the one induced. who were charged with murder. must be evidence to that effect. Ransom was only a part of the diabolical scheme to murder the child. The accused was well aware that the child could be suffocated to death in a few minutes after she left. the killing is still qualified to murder although the acts done no longer amount to cruelty. by deliberately and inhumanly augmenting the suffering of the victim. and then the accused demanded ransom from the parents. . therefore. murder and not kidnapping with murder is committed. in murder. was the wife of the deceased but here relationship to the deceased was not alleged in the information. the crime is homicide. to conceal his body and then demand money before discovery of the body. one killing the other. (5) Where one of the accused. (7) Where the accused housemaid gagged a three year old boy. The following are holdings of the Supreme Court with respect to the crime of murder: (1) Killing of a child of tender age is murder qualified by treachery because the weakness of the child due to his tender age results in the absence of any danger to the aggressor. Illustration: Two people engaged in a quarrel and they hacked each other. (3 Abuse of superior strength is inherent in and comprehended by the circumstance of treachery or forms part of treachery. indicative of an intention to scoff at or decry or humiliate the corpse of the victim. Under Article 14. Up to that point. even though it was inflicted or was committed when the victim was already dead. Cruelty includes the situation where the victim is already dead and yet. Yet. Hence. this is not actually limited to cruelty. with stockings. acts were committed which would decry or scoff the corpse of the victim. she also should be convicted of murder but the relationship should be appreciated as aggravating. (4) Treachery is inherent in poison. If there is no showing that the accused intended to deprive their victims of their liberty for some time and there being no appreciable interval between their being taken and their being shot. (2) Evident premeditation is absorbed in price. son of her master. placed him in a box with head down and legs upward and covered the box with some sacks and other boxes. The crime becomes murder. and the child instantly died because of suffocation. when the cruel wounds were inflicted and. 155 Elements and Notes in Criminal Law Book II by RENE CALLANTA (6) Cruelty. the generic aggravating circumstance of cruelty requires that the victim be alive. However.

Notes: Homicide is the unlawful killing of a person not constituting murder. it is Homicide Through Reckless Imprudence if the latter died as a . it is not possible to have a crime of frustrated homicide through reckless imprudence. and not the intent of the act. 156 Elements and Notes in Criminal Law Book II by RENE CALLANTA Article 249 HOMICIDE ELEMENTS: 1. (4) Where the intent to kill is not manifest. If he hit his opponent below the belt without any intention to do so. If a boxer killed his opponent in a boxing bout duly licensed by the Government without any violation of the governing rules and regulations. all are liable for the victim’s death. Note that while it is possible to have a crime of homicide through reckless imprudence. 1. there is none. Hence. 2. the crime committed will be serious physical injuries through reckless imprudence as the element of intent to kill in frustrated homicide is incompatible with negligence or imprudence. 3. In physical injuries. the crime will be homicide because the law punishes the result. That the accused had the intention to kill. That the killing was not attended by any of the qualifying circumstances of murder. 4. parricide or infanticide. which is presumed. Intent to kill is conclusively presumed when death resulted. (2) If the deceased received two wounds from two persons acting independently of each other and the wound inflicted by either could have caused death. That a person was killed. In all crimes against persons in which the death of the victim is an element. the victim died. (3) If the injuries were mortal but were only due to negligence. (5) When several assailants not acting in conspiracy inflicted wounds on a victim but it cannot be determined who inflicted which would which caused the death of the victim. The following are holdings of the Supreme Court with respect to the crime of homicide: (1) Physical injuries are included as one of the essential elements of frustrated homicide. or by that of parricide or infanticide. there must be satisfactory evidence of (1) the fact of death and (2) the identity of the victim Distinction between homicide and physical injuries: In attempted or frustrated homicide. That the accused killed him without any justifying circumstances. However. both of them are liable for the death of the victim and each of them is guilty of homicide. evidence of intent to kill is required only in attempted or frustrated homicide 2. the crime committed has been generally considered as physical injuries and not attempted or frustrated murder or homicide. there is intent to kill. there is no Homicide to speak of. if as a result of the physical injuries inflicted.

Persons liable are: a. and those who inflicted serious or less serious or slight physical injuries shall be punished for said corresponding offenses provided no conspiracy is established with the killers. (People vs. Tumultuous affray exists when at least 4 persons take part in it 2. It does not refer to the body of the murdered person. . 3. MURDER OR HOMICIDE Article 251 DEATH IN A TUMULTOUS AFFRAY ELEMENTS: 1. there is no tumultuous affray 3. If he intentionally hit his opponent on that part of his body causing the death. That they did not compose groups organized for the common purpose of assaulting and attacking each other reciprocally. In all crimes against persons in which the death of the victim is an element of the crime. if it is not known who inflicted serious physical injuries on the deceased. Court of Appeals. That there be several persons. That these several persons quarreled and assaulted one another in a confused and tumultuous manner. 4. Corpus delicti means body of the crime. 6. The shooting of a peace officer who was fully aware of the risks in pursuing the malefactors when done in a spur of the moment is only Homicide. Porras. That someone was killed in the course of the affray. 2. there must be proof of the fact of death and identity of the victim. That it cannot be ascertained who actually killed the deceased. person/s who inflicted serious physical injuries b. (Cortez vs. the crime is Homicide. 157 Elements and Notes in Criminal Law Book II by RENE CALLANTA result. they will be the ones to be held liable. 255 SCRA 514). When there are 2 identified groups of men who assaulted each other. all persons who used violence upon the person of the victim If those who actually killed the victim can be determined. Common misconception on the meaning of corpus delicti. 162 SCRA 139) Article 250 PENALTY FOR FRUSTRATED PARRICIDE. Notes: 1. That the person or persons who inflicted serious physical injuries or who used violence can be identified. 5.

all of those persons who inflicted serious physical injuries will be collectively answerable for the death of that fellow. It is not a tumultuous affray which brings about the crime. or who inflicted the serious physical injury. . Article 252 PHYSICAL INJURIES INFLICTED IN A TUMULTOUS AFFRAY ELEMENTS: 1. then he will be charged for the crime of homicide or murder under a fictitious name and not death in a tumultuous affray. Because if he is known but only his identity is not known. If there is a conspiracy. to such an extent that it would not be possible to identify who the killer is if death results. The person killed in the affray need not be one of the participants. So anyone who may have employed violence will answer for such serious or less serious physical injury. it could be tumultuous disturbance. and (2) someone who is injured or killed because of the fight. there must be: (1) a quarrel. it could be malicious mischief. or if property was destroyed. 3. the conditions are also the same. that the person responsible therefor cannot be identified. Unlike in Article 251. this crime is not committed. a free-for-all. That a participant or some participants thereof suffer serious physical injuries or physical injuries of a less serious nature only. (3) If nobody could still be traced to have employed violence upon the victim. (2) If they could not be known. it is the inability to ascertain actual perpetrator. 158 Elements and Notes in Criminal Law Book II by RENE CALLANTA Tumultuous affray simply means a commotion in a tumultuous and confused manner. or if participants are armed. The physical injury should be serious or less serious and resulting from a tumultuous affray. In physical injuries caused in a tumultuous affray. where the victim need not be one of the participants. which should not involve organized group. But you do not have a crime of physical injuries resulting from a tumultuous affray if the physical injury is only slight. that there is a tumultuous affray as referred to in the preceding article. To be considered death in a tumultuous affray. That all those who appear to have used violence upon the person of the offended party are known. nobody will answer. 4. then anyone who may have employed violence on that person will answer for his death. but the person or persons who used violence are known. not that he can not be identified. As long as it cannot be determined who killed the victim. The crimes committed might be disturbance of public order. It is necessary that the very person who caused the death can not be known. 2. the injured party in the crime of physical injuries inflicted in tumultuous affray must be one or some of those involved in the quarrel. The Revised Penal Code sets priorities as to who may be liable for the death or physical injury in tumultuous affray: (1) The persons who inflicted serious physical injury upon the victim.

covered by Article 253. Assistance to suicide is different from mercy-killing. In mercy killing. the crime is held to be inciting to sedition. this is considered as inherent in a tumultuous affray. the principal actor is the person committing the suicide. Both in euthanasia and suicide. Whoever would heed his advice is not really giving assistance to suicide but doing the killing himself. 2. the victim is not in a position to commit suicide. Assisting another to commit suicide. is not liable for abortion 3. the intention must be for the person who is asking the assistance of another to commit suicide. whether the suicide is consummated or not 2. poison. If the intention is not to commit suicide. the fetus in her womb was expelled. The victim must persistently induce the offender to end his life. Penalty is mitigated if suicide is not successful . the person does not want to die. 4. 159 Elements and Notes in Criminal Law Book II by RENE CALLANTA If the physical injury sustained is only slight. In giving assistance to suicide. Note that in slight physical injuries is inflicted in the tumultuous affray and the identity of the offender is established. Lending his assistance to another to commit suicide to the extent of doing the killing himself  Notes: Giving assistance to suicide means giving means (arms. the offender shall be prosecuted in the ordinary course of law. A pregnant woman who tried to commit suicide by means of poison but instead of dying. etc.). He becomes a co-conspirator in the crime of inciting to sedition. In this case. This does not contemplate euthanasia or mercy killing where the crime is murder. A person who attempts to commit suicide is not criminally liable In this crime. the intention to the end life comes from the victim himself. otherwise the article does not apply. Euthanasia/mercy-killing is the practice of painlessly putting to death a person suffering from some incurable disease. the penalty is similar to that of homicide. as when he just wanted to have a picture taken of him to impress upon the world that he is committing suicide because he is not satisfied with the government. A doctor who resorts to euthanasia may be held liable for murder If the person does the killing himself. the provisions of this article will not be observed. Article 253 GIVING ASSISTANCE TO SUICIDE  Acts punishable: 1. if without consent. There can be no qualifying circumstance because the determination to die must come from the victim. suggestions regarding the mode of committing suicide.) or whatever manner of positive and direct cooperation (intellectual aid. The offended party cannot complain if he cannot identify who inflicted the slight physical injuries on him. which is reclusion temporal. etc. 1. but not of giving assistance to suicide because the assistance must be given to one who is really determined to commit suicide. if with consent. Instead.

the act is not punished under this article If the firearm is directed at a person and the trigger was pressed but did not fire. The offender must shoot at another with any firearm without intention of killing him. . or the person using the firearm must be authorized to carry the same. his sweetheart. 2. The following are holdings of the Supreme Court with respect to this crime: (1) The crime is frustrated if the offender gives the assistance by doing the killing himself as firing upon the head of the victim but who did not die due to medical assistance. the crime may constitute alarm and scandal. Intent to kill is negated by the fact that the distance between the victim and the offender is 200 yards 5. the person giving assistance to suicide is also liable but the penalty shall be one or two degrees lower depending on whether it is frustrated or attempted suicide. or if less serious physical injury. 3. the complex crime of less serious physical injury with illegal discharge of firearm will apply. firing a gun against the house of the offended party at random. A discharge towards the house of the victim is not discharge of firearm. 2. because of a suicide pact. That the offender has no intention to kill that person. 1866 as amended by Republic Act No. The gun used in the crime must be licensed. the crime committed is the complex crime of serious physical injury with illegal discharge of firearm. 160 Elements and Notes in Criminal Law Book II by RENE CALLANTA Even if the suicide did not materialize. it is only alarm under art 155. On the other hand. accused may also be held liable for illegal possession of firearm under Republic Act No. not knowing in what part of the house the people were. the purpose of the offender is only to intimidate or frighten the offended party 4. 1. A person can be held liable for discharge even if the gun was not pointed at the offended party when it fired for as long as it was initially aimed at or against the offended party The following are holdings of the Supreme Court with respect to this crime: (1) If serious physical injuries resulted from discharge. the crime is frustrated discharge of firearm. The accused is liable if he kills the victim.  Notes: This crime cannot be committed through imprudence because it requires that the discharge must be directed at another. otherwise. (2) The person attempting to commit suicide is not liable if he survives. Article 254 DISCHARGE OF FIREARMS ELEMENTS: 1. (2) Firing a gun at a person even if merely to frighten him constitutes illegal discharge of firearm. If the firearm is not discharged at a person. If the discharge is not directed at a person. Usually. in addition to the crime punished under this article. 8294. that the offender discharges a firearm against or at another person.

161 Elements and Notes in Criminal Law Book II by RENE CALLANTA Article 255 INFANTICIDE ELEMENTS: 1. If the purpose of the mother is to conceal her dishonor. infanticide through imprudence is not committed because the purpose of concealing the dishonor is incompatible with the absence of malice in culpable felonies. 3. The delinquent mother who claims that she committed the offense to conceal the dishonor must be of good reputation. 4. It is not parricide because he is not related to the victim. Hence. To conceal her dishonor. It merely lowers the penalty. In either case. such fact is only mitigating 3. or although born alive it could not sustain an independent life when it was killed In our study of persons and family relations. the penalty is that for murder. the crime committed is not infanticide but abandonment under Article 276. So fetus becomes a person by the legal fact of birth. 2. the proper qualification for the offense is infanticide Even if the killer is the mother or the father or the legitimate grandparents. A conspired with C to dispose of the child. The Civil Code provides that. he shall suffer the penalty prescribed for parricide. is that for Parricide. she is not entitled to a lesser penalty because she has no honor to conceal Concealment of dishonor is not an element of infanticide. That the deceased child was less than three days (72 hours) of age. If the offender is any other person. That the accused killed the said child. 2. concealment of dishonor as a motive for the mother to have the child killed is mitigating. Illustration: An unmarried woman. The penalty however. C agreed and killed the child B by burying the child somewhere. If the child is less than three days old when killed . mother or legitimate ascendant. the crime is still Infanticide and not Parricide. we have learned that birth determines personality. if the fetus had an intra-uterine . The fact that the killing was done to conceal her dishonor will not mitigate the criminal liability anymore because concealment of dishonor in killing the child is not mitigating in parricide. the crime of A is parricide. When infanticide is committed by the mother or maternal grandmother in order to conceal the dishonor. If the child is abandoned without any intent to kill and death results as a consequence. When the offender is the father. A. If the crime committed by A is parricide because the age of the child is three days old or above. There is no infanticide when the child was born dead. the crime of the co-conspirator C is murder. If the child was killed when the age of the child was three days old and above already . if she is a prostitute. both the mother and the stranger commits infanticide because infanticide is not predicated on the relation of the offender to the offended party but on the age of the child. That a child was killed. Notes: 1. In such a case. gave birth to a child. B.

Therefore. had it not been killed. the offender must know of the pregnancy because the particular criminal intention is to cause an abortion. the crime would be infanticide. That as a result of the use of violence or drugs or beverages upon her. That the abortion is intended. the crime committed is abortion. but without using violence. it is still a fetus and not a person. or that the accused otherwise acts upon such pregnant woman. Distinction between infanticide and abortion It is infanticide if the victim is already a person less that three days old or 72 hours and is viable or capable of living separately from the mother’s womb. the fetus dies. Using any violence upon the person of the pregnant woman. So. 3. This is so because there is difficulty of determining whether the crime committed is infanticide or abortion. the offender must have known of the pregnancy for otherwise. If such fetus is killed within the 24-hour period. That there is a pregnant woman. either in the womb or after having been expelled therefrom. you have a complex crime of murder or physical injuries and abortion. without the consent of the woman. Thus. (By administering drugs or beverages upon such pregnant woman without her consent. 162 Elements and Notes in Criminal Law Book II by RENE CALLANTA life of less than seven (7) months. the court may avail of expert testimony in order to help it arrive at a conclusion. That violence is exerted. Article 256 INTENTIONAL ABORTION ELEMENTS: 1. born alive. Ortega Notes: Acts punished 1. 2. . it will be considered born only if it survives 24 hours after the umbilical cord is cut. Abortion is not a crime against the woman but against the fetus. In intentional abortion. It is abortion if the victim is not viable but remains to be a fetus. is killed within 24 hours from the time the umbilical cord is cut. Abortion is the violent expulsion of a fetus from the maternal womb . If mother as a consequence of abortion suffers death or physical injuries. Acting. 2. the crime committed is abortion not infanticide. Acting (by administering drugs or beverages). A legal problem occurs when a fetus having an intra-uterine life of less than 7 months. 4. If the fetus has been delivered but it could not subsist by itself.) 3. we have to determine if it would have survived or it would have died nonetheless. or any other act of the accused. otherwise if it can survive. or drugs or beverages administered. if it is killed. In such a situation. with the consent of the pregnant woman. he would not try an abortion. if it is shown that the infant cannot survive within 24 hours.

either in the womb or after having been expelled therefrom. Before the umbilical cord is cut. that child. would have survived beyond 24 hours. That violence is used upon such pregnant woman without intending an abortion. If the abortion was done by the mother of the pregnant woman without the consent of the woman herself. That as a result of the violence that fetus dies. 163 Elements and Notes in Criminal Law Book II by RENE CALLANTA If the woman turns out not to be pregnant and someone performs an abortion upon her. and one who looks for a physician to make his sweetheart abort is an accomplice. If she does. 2. the fetus must be dead. or either of them. If the means are not sufficient or adequate. 4. One who persuades her sister to abort is a co-principal. That the violence is intentionally exerted. that circumstance will not mitigate her criminal liability. 3. If it could be shown that the child. the crime will be homicide. not dead as abortion did not result despite the employment of adequate and sufficient means to make the pregnant woman abort. the penalty is the same as that imposed upon the woman who practiced the abortion upon herself . etc. If it could be shown that had the umbilical cord been cut. He then acquires a personality separate from the mother. Article 257 UNINTENTIONAL ABORTION ELEMENTS: 1. . Frustrated abortion is committed if the fetus that is expelled is viable and. serious physical injuries. birth determines personality. the concealment of dishonor as a motive of the mother to commit the abortion upon herself is mitigating. it must survive at least 24 hours after the umbilical cord is cut for it to be considered born. In consummated abortion. It will also mitigate the liability of the maternal grandparent of the victim – the mother of the pregnant woman – if the abortion was done with the consent of the pregnant woman. and the pregnant woman consented for the purpose of concealing her dishonor. In abortion. But if those who performed the abortion are the parents of the pregnant woman. The physician will be punished under Article 259 of the Revised Penal Code. if not killed. the crime would be an impossible crime of abortion. But even though the umbilical cord has been cut. Illustration: A mother delivered an offspring which had an intra-uterine life of seven months. Article 41 of the Civil Code provides that if the fetus had an intra-uterine life of less than seven months. the crime is abortion because what was killed was a fetus only. would not have survived beyond 24 hours. even if it was done to conceal dishonor. Under the Article 40 of the Civil Code. That there is a pregnant woman. the child was killed. A person is considered born at the time when the umbilical cord is cut. if not killed. the crime is infanticide because that conceived child is already considered born. therefore. he is liable for an impossible crime if the woman suffers no physical injury.

nevertheless. the offender shall be subject to the penalty prescribed for simple or reckless imprudence under Article 365. and B. any person committing a felony is criminally liable for all the direct. the offender is liable for unintentional abortion. If the pregnant woman was killed by violence by her husband. that is. 391. and there is no knowledge of the woman’s pregnancy. the Supreme Court said that knowledge of pregnancy of the offended party is not necessary. the felonious act of pushing is the proximate cause of the unintentional abortion. Take note that while unintentional abortion appears to be a crime that should be committed with deliberate intent because of the requirement that the violence employed on the victim must be intentional. The act of employing violence or physical force upon the woman is already a felony. Unintentional abortion can also be committed through negligence Unintentional abortion may be committed through negligence as it is enough that the use of violence be voluntary.DEBATABLE In US v. . 1. the Supreme Court held that knowledge of pregnancy is required in unintentional abortion. if not only physical injuries were sustained but abortion also resulted. act of self-defense. Carnaso. the crime committed is not unintentional abortion because there is no violence. It is not material if offender knew about the woman being pregnant or not. Illustration: The act of pushing another causing her to fall is a felonious act and could result in physical injuries. only the abortion is unintended. the crime committed is the complex crime of parricide with unlawful abortion. Mere intimidation is not enough unless the degree of intimidation already approximates violence. with a soft drink bottle on the hip. In People v. husband. While there is no intention on the part of the accused to cause an abortion. Abortion resulted and B died. paragraph 1 of the Revised Penal Code. wife. 1964. If the act of violence is not felonious. 2. In other words. the violence that he employs on the pregnant woman must be intentional. Criticism: Under Article 4. however. nonetheless. decided on April 7. who was then pregnant. If the pregnant woman aborted because of intimidation. if the circumstances of the case justifies the application of the other means of committing a felony (like culpa). and logical consequences of his felonious acts although it may be different from that which is intended. Instead. natural. Jeffry. 164 Elements and Notes in Criminal Law Book II by RENE CALLANTA Notes: Unintentional abortion requires physical violence inflicted deliberately and voluntarily by a third person upon the person of the pregnant woman. there is no liability. then the same should be applied but the penalty will not be the penalty provided under Article 257. Correspondingly. The accused can only be held liable if he knew that the woman was pregnant . 15 Phil. A became so angry that he struck B. but there is knowledge of the woman’s pregnancy. Illustration: A quarrel ensued between A. the crime committed is light threats. If the act of violence is not felonious.

and (2) violation of the Dangerous Drugs Act of 1972. If there is no intention to cause abortion and neither was violence exerted. with her consent for the purpose of concealing her dishonor. and therefore. where the woman tried to commit suicide. with her consent. This is not so for art 258 Article 259 ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE AND DISPENSING OF ABORTIVES ELEMENTS: 1. 6425 (The Dangerous Drugs Act of 1972). it must be to bring about an abortion. any of her parents. or c. That the abortion is caused by – a. 2. She jumped out of a window of a building but she landed on a passerby. what are the crimes committed? The crimes committed are (1) intentional abortion. In infanticide. If the abortive drug used in abortion is a prohibited drug or regulated drug under Presidential Decree No. the pregnant woman herself b. If it was the woman doing the violence upon herself. 3. A pregnant woman decided to commit suicide. 2. In this case. She did not die but an abortion followed. That there is a pregnant woman who has suffered an abortion. That the abortion is intended. the act of trying to commit suicide is not a felony under the Revised Penal Code. 2. the crime will be intentional abortion. Is she liable for unintentional abortion? No. 165 Elements and Notes in Criminal Law Book II by RENE CALLANTA 3. there is no Mitigation for the parents of the pregnant women even if their purpose is to conceal their daughter’s dishonor 2. Liability of the pregnant woman is mitigated if the purpose is to conceal her dishonor. The one penalized in suicide is the one giving assistance and not the person trying to commit suicide. That there is a pregnant woman who has suffered an abortion. as amended. Notes: 1. However. any other person. What is contemplated in unintentional abortion is that the force or violence must come from another. That the abortion is intended. parents can avail of the mitigating circumstance of concealing the dishonor of their daughter. . Article 258 ABORTION PRACTICED BY THE WOMAN HERSELF OR BY HER PARENTS ELEMENTS : 1. arts 256 and 257 does not apply Questions & Answers 1.

paragraph 4. Article 260 RESPONSIBILITY OF PARTICIPANTS IN A DUEL Acts punished: 1. Principals – person who killed or inflicted physical injuries upon his adversary. he is liable as an accomplice If the abortion is produced by a physician to save the life of the mother. the requisites under Article 11. This is a case of therapeutic abortion which is done out of a state of necessity. That the offender. It is not necessary that the abortive be actually used 2. 166 Elements and Notes in Criminal Law Book II by RENE CALLANTA 3. causes or assists in causing the abortion. The doctor administered a medicine which resulted in Abortion. Illustration: A woman who is pregnant got sick. Question & Answer What is the liability of a physician who aborts the fetus to save the life of the mother? None. But abortion without medical necessity to warrant it is punishable even with the consent of the woman or her husband. Killing one’s adversary in a duel 2. If the pharmacist knew that the abortive would be used to cause abortion and abortion results. That said physician or midwife takes advantage of his or her scientific knowledge or skill. both will be liable for the crime of duel as principals by direct participation. 4. Accomplices – as seconds The person who killed or injured his adversary. or both combatants in any other cases 2. This is known as a therapeutic abortion. The seconds will be held liable as accomplices. The crime committed was unintentional abortion through negligence or imprudence. It is not necessary that the pharmacist knew that the abortive would be used to cause abortion. Therefore. who must be a physician or midwife. Notes: . Inflicting upon the adversary serious physical injuries 3. There must be no other practical or less harmful means of saving the life of the mother to make the killing justified. What is punished is the act of dispensing an abortive without the proper prescription. of the Revised Penal Code must be present. Notes: 1. If both survive. Making a combat although no physical injuries have been inflicted Persons liable: 1. there is no liability.

Article 261 CHALLENGING TO A DUEL Acts punishable: 1. the facts do not constitute the crime of dueling since there were no seconds who fixed the conditions of the fight in a more or less formal manner. The crime will not be classified as attempted or frustrated homicide. Duel: a formal or regular combat previously concerted between 2 parties in the presence of 2 or more seconds of lawful age on each side. the crime committed would be Homicide. Inciting another to give or accept a challenge to a duel 3. What is committed is the crime of light threats under Article 285. who make the selection of arms and fix all the other conditions of the fight 2. Challenger 2. left the place at the same time and pursuant to their agreement. Olympia. This is an obsolete provision. PHYSICAL INJURIES Article 262 MUTILATION Kinds of Mutilation . the penalty is the same as that for homicide While the agreement is to fight to the death. If the accused and the deceased. let us measure your prowess. If death results.” if only physical injuries is inflicted. the law will disregard the “intent to kill. went to the plaza to fight each other to death with knives which they bought on the way. without the challenger having in mind a formal combat to be agreed upon with the assistance of seconds as contemplated under the law. Scoffing at or decrying another publicly for having refused to accept a challenge to fight a duel Persons liable: 1. 167 Elements and Notes in Criminal Law Book II by RENE CALLANTA 1. after a verbal heated argument in a bar. Instigators If the challenge is only to fight. There is no such crime nowadays because people hit each other even without entering into any pre- conceived agreement. paragraph 1 of the Revised Penal Code. the crime of challenging to a duel is not committed. Illustration: If one challenges another to a duel by shouting “Come down. If one was killed. We will see whose intestines will come out. Challenging another to a duel 2. You are a coward if you do not come down”. the crime committed will only be grave or light threat as the case may be.

Mutilation is caused purposely and deliberately Notes: Mutilation is the lopping or clipping off of some part of the body. lopping.e. the accused. the crime is only serious physical injury. mutilation of organs necessary for generation 2. impotent or blind 2. Mutilation includes any part of the human body that is not susceptible to grow again. i. This cannot be committed through criminal negligence. beat or assault the offended party. What are serious physical injuries: 1. totally or partially. Otherwise. it will be considered as mutilation of the second kind 2. 168 Elements and Notes in Criminal Law Book II by RENE CALLANTA 1. It was held that since the accused did not wound. to deprive him of that part of the body Elements: 1. Injured person – . the penalty is much higher than that for homicide. The intent to deliberately cut off the particular part of the body that was removed from the offended party must be established. There be a castration i. Assaulting 4. Injured person becomes insane. he can not be guilty of serious physical injuries. Wounding 2. Intentionally mutilating another by depriving him. imbecile. Administering injurious substances In one case. If there is no intent to deprive victim of particular part of body.e. Intentionally making another mutilation. the castration must be made purposely. In the first kind of mutilation. other than the essential organ for reproduction. clipping off any part of the body of the offended party. 1. Mayhem: refers to any other intentional mutilation Article 263 SERIOUS PHYSICAL INJURIES How Committed 1. The offended party caught hold of the edge of the blade of his bolo and wounded himself. of some essential organ for reproduction 2. while conversing with the offended party. Beating 3. drew the latter’s bolo from its scabbard. The common mistake is to associate this with the reproductive organs only. If what was cut off was a reproductive organ.

The loss of 3 incisors is a visible deformity. Mere weakness in vision is not contemplated 5. 169 Elements and Notes in Criminal Law Book II by RENE CALLANTA a. Impotent should include inability to copulate and sterility 4. Deformity by loss of teeth refers to injury which cannot be impaired by the action of the nature . there can be no attempted or frustrated stage thereof. it would not be conspicuous and visible 9. Deformity: means physical ugliness. 1. a front tooth is considered as a member of the body. Loss of one incisor is not. Blindness requires lost of vision in both eyes. Not curable by natural means or by nature. Injured person becomes ill or incapacitated for labor for more than 30 days (but not more than 90 days) Notes: The crime of physical injuries is a crime of result because under our laws the crime of physical injuries is based on the gravity of the injury sustained. In this respect. permanent and definite abnormality. There must be no intent to kill 3. The reason why there is no attempted or frustrated physical injuries is because the crime of physical injuries is determined on the gravity of the injury. Otherwise. covers any other member which is not a principal part of the body. it will be considered as serious physical injuries under par 3 6. a hand. loss of one tooth which impaired appearance is a deformity 10. loses the use of speech or the power to hear or to smell. So this crime is always consummated. Loss of use of hand or incapacity of usual work in par 2 must be permanent 7. becomes incapacitated for the work in which he had been habitually engaged 3. loses an eye. loses any other member of his body c. other than a principal member 8. Par 3 on the other hand. Loss of power to hear must involve both ears. becomes ill or incapacitated for the performance of the work in which he had been habitually engaged in for more than 90 days 4. if the scar is usually covered by a dress. loses the use of any such member c. However. becomes deformed b. It must be conspicuous and visible. arm or leg b. As long as the injury is not there. Par 2 refers to principal members of the body. Serious physical injuries may be committed through reckless imprudence or simple imprudence 2. Injured person – a. Thus. foot. loses the use thereof d.

even though the treatment continued beyond 30 days. There is no incapacity if the injured party could still engage in his work although less effectively than before 19. loss of the lobule of the ear is only a deformity 12. The medical treatment may have lasted for nine days. Under par 4. 170 Elements and Notes in Criminal Law Book II by RENE CALLANTA 11. So the healing duration may be one to nine days. but if the medical treatment continues beyond nine days. not a principal one of his body or use of the same 13. or 10 days to 20 days if less serious physical injuries. there must be evidence of the length of that period. If the injury would require medical attendance for more than 30 days. At once. In determining incapacity. Meanwhile. . you have a duration of one to nine days if slight physical injuries. You only consider the period of incapacity from work. all that is required is illness or incapacity. Serious physical injuries is qualified when the crime is committed against the same persons enumerated in the article on parricide or when it is attended by any of the circumstances defining the crime of murder. (2) Between less serious physical injuries and serious physical injuries. You only consider the period when the offended party is rendered incapacitated for labor. but if the offended party is still incapacitated for labor beyond nine days. Consider the duration of healing and treatment. you do not consider the period of medical treatment. If the offended party is incapacitated to work for less than 30 days. the physical injuries are already considered less serious physical injuries. (3) When the injury created a deformity upon the offended party. The fact that there was medical attendance for that period of time shows that the injuries were not cured for that length of time 15. The significant part here is between slight physical injuries and less serious physical injuries. Otherwise. it is considered serious physical injuries. Loss of both outer ears constitutes deformity and also loss of the power to hear. the physical injuries would already qualify as less serious physical injuries. the physical injuries are only considered less serious because for purposes of classifying the physical injuries as serious. When the category of the offense of serious physical injuries depends on the period of the illness or incapacity for labor. the injured party must have an avocation at the time of the injury. You will consider not only the healing duration of the injury but also the medical attendance required to treat the injury. Loss of the index and middle fingers is either a deformity or loss of a member. Loss of the power to hear in the right ear is considered as merely loss of use of some other part of the body 14. not medical attendance 16. However. Work: includes studies or preparation for a profession 17. the offense will only be considered as slight physical injuries 18. serious physical injuries resulting from excessive chastisement by parents is not qualified serious physical injuries Ortega Notes: Classification of physical injuries: (1) Between slight physical injuries and less serious physical injuries. the illness of the offended party may be considered as lasting more than 30 days. you disregard the healing duration or the period of medical treatment involved. you do not consider the period of medical treatment.

In a case decided by the Supreme Court. (3) The ugliness will not disappear through natural healing process. 171 Elements and Notes in Criminal Law Book II by RENE CALLANTA So even though the deformity may not have incapacitated the offended party from work. the scar disappeared. Question & Answer The offender threw acid on the face of the offended party. Serious physical injuries is punished with higher penalties in the following cases: (1) If it is committed against any of the persons referred to in the crime of parricide under Article 246. Loss of milk front tooth – This is not deformity as it is visible but will be naturally replaced. These do not include any physical. psychological testing and training procedure and practice to . the offended party was more handsome than before the injury. (2) If any of the circumstances qualifying murder attended its commission. The fact that the plastic surgery removed the deformity is immaterial because in law what is considered is not the artificial treatment but the natural healing process. Deformity requires the concurrence of the following conditions: (1) The injury must produce ugliness. 8049 (The Anti-Hazing Law) Hazing -. mental. It was held that accused can not be convicted of serious physical injuries. accused was charged with serious physical injuries because the injuries produced a scar. and there was no evidence that the medical treatment lasted for more than nine days. After the plastic surgery.This is any initiation rite or practice which is a prerequisite for admission into membership in a fraternity or sorority or any organization which places the neophyte or applicant in some embarrassing or humiliating situations or otherwise subjecting him to physical or psychological suffering of injury. or even though the medical treatment did not go beyond nine days. He appealed because. that deformity will bring about the crime of serious physical injuries. Illustration: Loss of molar tooth – This is not deformity as it is not visible. in the course of the trial. a father who inflicts serious physical injuries upon his son will be liable for qualified serious physical injuries. Thus. (2) It must be visible. What crime was committed? In what stage was it committed? The crime is serious physical injuries because the problem itself states that the injury would have produced a deformity. Were it not for timely medical attention. He was convicted under Article 263 (4). Republic Act No. Loss of permanent front tooth – This is deformity as it is visible and permanent. a deformity would have been produced on the face of the victim. He is liable only for slight physical injuries because the victim was not incapacitated.

That it was done knowingly administering to him any injurious substances or beverages or by taking advantage of his weakness of mind of credulity 3. PMA or officer or cadet corps of the CMT or CAT. a foot. Organizations include any club or AFP. It holds the parents. Section 4 qualifies the crime if rape. an imbecile. That the offender inflicted upon another person any serious physical injury 2. Section 2 requires a written notice to school authorities from the head of the organization seven days prior to the rites and should not exceed three days in duration. or becomes incapacitated for the work he habitually engages in for 30. an arm or a leg. Section 3 requires supervision by head of the school or the organization of the rites. He had no intent to kill Notes: The article under consideration does not deal with a crime. Administering means introducing into the body the substance. knowingly cooperated or were present. It is frustrated murder when there is intent to kill 2. thus throwing of the acid in the face is not contemplated Article 265 LESS SERIOUS PHYSICAL INJURIES ELEMENTS: . officers and members who planned. It refers to means of committing serious physical injuries. Article 264 ADMINISTERING INJURIOUS SUBSTANCES OR BEVERAGES ELEMENTS: 1. school authorities who consented or who had actual knowledge if they did nothing to prevent it. owner of the place where such occurred liable. or impotent or blind because of such. if the person loses the use of speech or the power to hear or smell or an eye. sodomy or mutilation results therefrom. 1. 172 Elements and Notes in Criminal Law Book II by RENE CALLANTA determine and enhance the physical and psychological fitness of the prospective regular members of the below. if the person becomes insane. or the use of any such member or any of the serious physical injuries or the less serious physical injuries. 10. present alumni of the organization. Also if the victim is below 12. 1-9 days. Makes presence a prima facie presumption of guilt for such. PNP.

guardians. If the injury causes the illness of the victim. the offended party is incapacitated from work for ten (10) days or more but not more than thirty (30) days. If the slapping was done without the intention of casting dishonor. the crime is slander by deed. when the victim is either the offender’s parents. That which incapacitated the offended party for labor from 1-9 days or required medical attendance during the same period 2. 173 Elements and Notes in Criminal Law Book II by RENE CALLANTA 1. That the offended party is incapacitated for labor for 10 days or more (but not more than 30 days). when the victim is a person of rank or person in authority. or under circumstances adding ignominy to the offense. slapping but without causing dishonor) This involves even ill-treatment where there is no sign of injury requiring medical treatment. ascendants. Slapping the offended party is a form of ill-treatment which is a form of slight physical injuries. when there are circumstances adding ignominy to the offense c. curators or teachers d. The crime is slight physical injury if there is no proof as to the period of the offended party’s incapacity for labor or of the required medical attendance. the healing duration must be more than nine (9) days but not more than thirty (30) days. Ill-treatment of another by deed without causing any injury (ex. provided the crime is not direct assault 2. It falls under this article even if there was no incapacity but the medical treatment was for 13 days In this article. That which did not prevent the offended party from engaging in his habitual work or which did not require medical attendance (ex. But if the slapping is done to cast dishonor upon the person slapped. Circumstances qualifying the offense: a. there is no complex crime of slander by deed with less serious physical injuries but only less serious physical injuries if the act which was committed produced the less serious physical injuries with the manifest intent to insult or offend the offended party. Article 266 SLIGHT PHYSICAL INJURIES 3 Kinds: 1. That the physical injuries must not be those described in the preceding articles Notes: 1. or to humiliate or embarrass the offended party out of a quarrel or anger. Article 265 is an exception to Article 48 in relation to complex crimes as the latter only takes place in cases where the Revised Penal Code has no specific provision penalizing the same with a definite. . the crime is still ill-treatment or slight physical injuries. Black-eye) 3. or needs medical attendance for the same period of time 2. when there is manifest intent to insult or offend the injured person b. specific penalty. Hence.

insofar as the crime is murder. the reference to Article 249 of the Code which defines and penalizes the crime of homicide were the victim is under 12 years old is an error. The clear intention is to punish the said crimes with a higher penalty when the victim is a child of tender age. It is only in respect of the crimes of intentional mutilation in paragraph 2 of Article 262 and of serious physical injuries in paragraph 1 of Article 263 of the Code that the quoted provision of Republic Act No. as amended. 262 (2) and 263 (1) of Act No 3815. 7610. Killing a child under 12 is murder. in relation to murder. when the offended party is deprived of reason or otherwise unconscious c. the penalty for the commission of acts punishable under Articles 248. homicide. other intentional mutilation. the penalty provided by the Code. 249. when the offended party is under 12 years of age or is demented.” The provisions of Republic Act No. threat or intimidation b. shall govern even if the victim was under 12 years of age. 7610 (Special Protection of Children against Child Abuse. Exploitation and Discrimination Act). 7160 may be applied for the higher penalty when the victim is under 12 years old. through force. 7610 provides. By a man who have carnal knowledge of a woman under any of the following circumstances: a. not homicide. 174 Elements and Notes in Criminal Law Book II by RENE CALLANTA Republic Act No. because the victim is under no position to defend himself as held in the case of People v. as amended of the Revised Penal Code for the crimes of murder. Article 248 of the Code. as amended by Republic Act No. mutilation or injuries to a child The last paragraph of Article VI of Republic Act No. provides: “For purposes of this Act. even though none of the circumstances mentioned above be present . 7659. Ganohon. by means of fraudulent machination or grave abuse of authority d. and serious physical injuries. 7160 modified the provisions of the Revised Penal Code in so far as the victim of the felonies referred to is under 12 years of age. For murder. is reclusion perpetua to death – higher than what Republic Act no. shall be reclusion perpetua when the victim is under twelve years of age. RAPE ART 266-A RAPE The Anti-Rape Law of 1997 (RA 8353) now classified the crime of rape as Crime Against Persons incorporated into Title 8 of the RPC to be known as Chapter 3 ELEMENTS: Rape is committed 1. Accordingly. 196 SCRA 431. respectively. Incidentally.

member of the AFP. 175 Elements and Notes in Criminal Law Book II by RENE CALLANTA 2. under the custody of the police or military authorities or any law enforcement or penal institution d. victim became insane by reason or on the occasion of rape b. relative by consanguinity or affinity with the 3rd civil degree or vi. guardian v. offender. when the offender took advantage of his position to facilitate the commission of the crime i. reclusion perpetua 2. victim suffered permanent physical mutilation or disability j. prision mayor to reclusion temporal a. shall commit an act of sexual assault by inserting a. when the offender knew of the mental disability. into the genital or anal orifice of another person Rape committed under par 1 is punishable by: 1. DEATH when a. prision mayor 2. committed in full view of the spouse. offender knows he is afflicted with HIV or AIDS or any other sexually transmissible disease and the virus is transmitted to the victim h. under any of the circumstances mentioned in par 1 hereof. the rape is attempted and a homicide is committed by reason or on the occasion thereof 3. emotional disorder and/or physical handicap or the offended party at the time of the commission of the crime Rape committed under par 2 is punishable by: 1. his penis into another person’s mouth or anal orifice. parent or any of the children or other relatives within the 3rd degree of consanguinity e. and k. any instrument or object. step-parent iv. ascendant iii. homicide is committed b. reclusion perpetua to DEATH when a. use of deadly weapon or . victim is a religious engaged in legitimate religious vocation or calling and is personally known to be such by the offender before or at the time of the commission of the crime f. the offender knew of the pregnancy of the offended party at the time of the commission of the crime. or the PNP. or para-military units thereof. parent ii. common law spouse of parent of victim c. or any law enforcement agency or penal institution. a child below 7 years old g. victim under 18 years and offender is: i. or b. By any person who.

Orita (G. reclusion temporal – committed with any of the 10 aggravating circumstances mentioned above Notes: 1. No. mandatory death Because of this amendment which reclassified rape as a crime against persons. the legal husband may be pardoned by forgiveness of the wife provided that the marriage is not void ab initio. 88724. The case of People vs. The offended party is always a woman and the offender is always a man. Jurisprudence dictates that the labia majora (or he outer lips of the female organ) must be entered for rape to be consummated. Similarly. statutory rape c. Thus . (2) Sexual assault . April 3. reclusion perpetua – homicide is committed by reason or on occasion of rape 6. Campuhan) Classification of rape (1) Traditional concept under Article 335 – carnal knowledge with a woman against her will. less than 18 yrs old and there is relationship (e. less than 7 yrs old. Obviously. the effect of which would be the extinction of the offender’s liability. that is. she or he can be liable for rape. but the offender abused his authority to rape the victim. as it finally did away with frustrated rape and allowed only attempted rape and consummated rape to remain in our statute books.R. . 176 Elements and Notes in Criminal Law Book II by RENE CALLANTA b. the crime is rape. grazing of the surface of the female organ or touching the mons pubis of the pudendum is not sufficient to constitute rape. and not merely for the penis to stroke the surface of the female organ.g. if a woman or a man uses an instrument on anal orifice of male. ( Pp vs. less than 12 yrs old. reclusion temporal to reclusion pepetua – rape is attempted and homicide is committed 5. mandatory death b. It is enough that there is indication of any amount of resistance as to make it rape. Dividing age in rape: a. an impossible crime may now be committed in case of rape. Under Article 266-C. The act of “touching” should be understood as inherently part of the entry of the penis into the labia of the female organ and not the mere touching alone of the mons pubis or the pudendum. the husband may be liable for rape if his wife does not want to have sex with him. The offended party or the offender can either be man or woman. This absorbs the crime of qualified and simple seduction when no force or violence was used. laid a new doctrine in Philippine penal law insofar as the crime of rape is concerned.committed with an instrument or an object or use of the penis with penetration of mouth or anal orifice. if there is inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means. If carnal knowledge was made possible because of fraudulent machinations and grave abuse of authority. reclusion temporal – when the victim has become insane 4. Since rape is not a private crime anymore. the offended woman may pardon the offender through a subsequent valid marriage. it can be prosecuted even if the woman does not file a complaint. under the new law. 1990). parent etc). by two or more persons 3. that is.

this is enough. Sec. 900). conviction does not require medico-legal finding of any penetration on the part of the woman. It refers to rape committed by an ascendant of the offended woman. It is enough that from her resistance. Sexual intercourse with an insane. Mere “no. The new rape law also requires that there be a physical overt act manifesting resistance . It is necessary that there be evidence of some resistance put up by the offended woman. In other cases. 5 (b) provides that: Even if the victim is over twelve (12) year old and the carnal act was with her consent as long as she falls under the classification of a child exploited in prostitution and other sexual abuse. mere sexual intercourse with her is already rape.000. Carnal knowledge with a woman who is asleep constitutes Rape since she was either deprived of reason or otherwise unconscious at that time. it must be shown that the carnal knowledge with her was obtained against her will. 253 SCRA 277). the Supreme Court expected that if the offender is not known to the woman. Note that it has been held that in the crime of rape. and there is consent. if the offended party was in a situation where he or she is incapable of giving valid consent. there is no rape. feeble-minded or idiotic woman is Rape pure and simple. 7610. the crime will be rape. mental abnormality or deficiency is sufficient. this is admissible in evidence to show that carnal knowledge was against his or her will. although if the rape is incestuous. the court may take judicial notice that there is such damage in crimes against chastity. which does not indicate refusal on the part of the offended party to the sexual intercourse. deranged or mentally deficient. Republic Act No. the force and intimidation need not be of such nature as would be required in rape cases had the accused been a stranger. Caballero.00. with or without evidence of any moral damage. Illustration: . Where the victim is over 12 years old. (People vs. it would appear that the carnal intercourse is against her will. will not be enough to bring about the crime of rape. intimidation. Canada. When the victim is below 12 years old. The standard amount given now is P 50. Conversely. Mere initial resistance. However. This is particularly true if the commission of the rape is such that the narration of the offended woman would lead to no other conclusion except that the rape was committed. It is not necessary that the force or intimidation employed be so great or of such character as could not be resisted – it is only necessary that it be sufficient to consummate the purpose which the accused had in mind. This is referred to as statutory rape. there must be force. An accused may be convicted of rape on the sole testimony of the offended woman . If the victim however is exactly twelve (12) years old (she was raped on her birthday) or more. the crime is rape. It does not require that testimony be corroborated before a conviction may stand. however. necessary that the offended party should exert all her efforts to prevent the carnal intercourse. It has also been held that although the offended woman who is the victim of the rape failed to adduce evidence regarding the damages to her by reason of the rape. 177 Elements and Notes in Criminal Law Book II by RENE CALLANTA Incestuous rape was coined in Supreme Court decisions. or violence proven to have been exerted to bring about carnal knowledge or the woman must have been deprived of reason or otherwise unconscious. Even if it was she who wanted the sexual intercourse. The deprivation of reason contemplated by law need not be complete. It is not. A medico-legal certificate is not necessary or indispensable to convict the accused of the crime of rape. no” is not enough if the offender is a stranger. 61 Phil. it is necessary that there be evidence of affirmative resistance put up by the offended woman. (People vs. In such cases.

when he was finished. and who upon promise of being released after having sex with the officer. although unsuccessful. manipulating a sham marriage. he stood up and left. In a case where the accused jumped upon a woman and threw her to the ground. 8353.A. In Rape cases. It has also been ruled that rape can be committed in a standing position because complete penetration is not necessary. The slightest penetration – contact with the labia – will consummate the rape. (People vs. The evidence for the prosecution must stand or fall on its own merits. the accused did not make any effort to remove her underwear. the crime becomes attempted rape. though innocent. if that intention is not proven. although the accused raised her skirts. So also. but more difficult for the person accused. Ricafort) . when carnal knowledge was had by means of fraudulent machinations or grave abuse of authority. the man would be guilty of Rape under this Section. The new law. the testimony of the complainant must be scrutinized with extreme caution. 178 Elements and Notes in Criminal Law Book II by RENE CALLANTA Daughter accuses her own father of having raped her. court must always be guided by the following principles: 1. added new circumstance – that is. In view of the intrinsic nature of the crime where only two persons are usually involved. it is difficult to prove. Thereafter. On the other hand. as long as there is an intent to effect sexual cohesion. a prostitute who willingly had sexual congress with a man upon the latter’s assurance that she would be paid handsomely. 2. and 3. R. However. Allegation of several accused that the woman consented to their sexual intercourse with her is a proposition which is revolting to reason that a woman would allow more than one man to have sexual intercourse with her in the presence of the others. to disprove. A person in authority who maneuvered a scheme where a woman landed in jail. Instead. An accusation of rape can be made with facility. The fact that he did not remove the underwear of the victim indicates that he does not have a real intention to effect a penetration. The main distinction between the crime of attempted rape and acts of lasciviousness is the intent to lie with the offended woman. and cannot be allowed to draw strength from the weakness of the evidence for the defense. may also be found guilty of Rape under this new section. he removed his own underwear and placed himself on top of the woman and started performing sexual movements. may be guilty of Rape if later on he refuses to pay the said amount. the offender can only be convicted of acts of lasciviousness. It would seem that if a woman of majority age had sexual intercourse with a man through the latter’s scheme of pretending to marry her which is the condition upon which the woman agreed to have sex with him. The crime committed is only acts of lasciviousness and not attempted rape. It was only to satisfy a lewd design. willingly consented to the sexual act.